datamatters24/research-document-archive huggingface dataset:
specifically ordered by the court, operate as a stay of any 
order issued by the Commission. 
‘‘FIDUCIARY DUTIES 
‘‘SEC. 273. (a) IN GENERAL.—In the case of a pri-
vately-administered individual security account which does 
not form part of an individual account plan covered under 
part 4 of subtitle B of title I of the Employee Retirement 
Income Security Act of 1974, rules similar to the rules 
of such part 4 applicable to individual account plans cov-
ered under such part 4 shall apply with respect to a pri-
vately-administered individual security account and the 
terms of any arrangement under which such account is 
maintained. 
‘‘(b) GENERAL REQUIREMENTS.—In applying under 
subsection (a) the rules of part 4 of subtitle B of title 
I of the Employee Retirement Income Security Act of 
1974 in the case of a privately-administered individual se-
curity account, references in such part to the Secretary 
of Labor shall be deemed to be references to the Securities 
and Exchange Commission, references in such part to a 
participants or beneficiary in connection with an indi-
vidual account plan covered under such part shall be 
deemed to be references to the account holder with respect 
to the privately-administered individual security account, 
and references in such part to the plan administrator or 
plan sponsor in connection with an individual account plan
I 
108TH CONGRESS 
2D SESSION 
H. R. 3711
To amend the Medicare Prescription Drug, Improvement, and Modernization 
Act of 2003 (Public Law 108–173) to eliminate the comparative cost 
adjustment program. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 20, 2004
Mr. WEXLER (for himself, Mr. FRANK of Massachusetts, Mr. OWENS, and Mr. 
JEFFERSON) introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committee 
on Ways and Means, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To amend the Medicare Prescription Drug, Improvement, 
and Modernization Act of 2003 (Public Law 108–173) 
to eliminate the comparative cost adjustment program.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. REPEAL OF COMPARATIVE COST ADJUSTMENT 
PROGRAM. 
Subtitle E of title II of the Medicare Prescription 
Drug, Improvement, and Modernization Act of 2003 (Pub-
lic Law 108–173) is repealed and the provisions of law
amended by such subtitle are restored as if such subtitle 
had not been enacted.
Æ
I 
108TH CONGRESS 
2D SESSION 
H. R. 3712
To improve seaport security. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 21, 2004
Ms. MILLENDER-MCDONALD introduced the following bill; which was referred 
to the Committee on Transportation and Infrastructure 
A BILL 
To improve seaport security.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘United States Seaport 
Multiyear Security Enhancement Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) The Nation’s 361 seaports are considered a 
major terrorist target. Al Qaeda has strong ties to 
the shipping industry and one of the aims of this 
terrorist network is to weaken the economic security 
of our country.
(2) The Nation’s coastline is our longest border, 
which is a 95,000-mile coast that includes the Great 
Lakes and inland waterways. 
(3) Protecting America’s seaports is critical to 
the Nation’s economic growth and vitality. Seaports 
handle 95 percent of our Nation’s overseas trade by 
volume, support the mobilization and deployment of 
the Armed Forces, and serve as transit points for 
millions of cruise and ferry passengers. 
(4) 
Maritime 
industries 
contribute 
$742,000,000,000 per year to our Gross National 
Product. 
(5) The United States Coast Guard has issued 
final regulations that call for an immediate and 
long-term investment in the security of our seaports. 
(6) According to the United States Coast 
Guard, implementing these regulations will cost 
$1,125,000,000 in the first year and $5,450,000,000 
over 10 years. 
(7) Given the Nation’s economic dependence on 
our seaports and our ongoing national security con-
cerns, seaport security funding and the need for 
Federal support for the Nation’s security should be 
ongoing.
(8) Given the enormity of the seaport capital 
infrastructure projects, Congress needs to establish 
a multi-year seaport grant program that resembles 
the Letter of Intent measures established in the 
aviation security program. 
(9) The continuing security and economic needs 
that face the Nation and our seaports should be rec-
ognized by the implementation of this Act. 
SEC. 3. SEAPORT SECURITY IMPROVEMENT PROJECTS. 
(a) GRANT AUTHORITY.—Subject to the require-
ments of this section, the Secretary of Homeland Security 
may make grants to seaports to enhance security. 
(b) APPLICATIONS.—A seaport seeking a grant under 
this section shall submit to the Secretary an application 
in such form and containing such information as the Sec-
retary prescribes. 
(c) GRANT AWARDS.—
(1) IN
GENERAL.—The Secretary, after con-
sultation with the Secretary of Transportation, may 
approve an application of a seaport for a grant 
under this section only if the Secretary determines 
that the project will improve security at a seaport or 
improve the efficiency of the seaport without less-
ening security.
‘‘(i) section 3(d) of the Indian Financ-
ing Act of 1974 (25 U.S.C. 1452(d)); or 
‘‘(ii) section 4(10) of the Indian Child 
Welfare 
Act 
of 
1978 
(25 
U.S.C. 
1903(10)). 
‘‘(C) IN CLOSE PROXIMITY TO.—The term 
‘in close proximity to’ means—
‘‘(i) in the case of an Indian reserva-
tion, or portion thereof, located within a 
metropolitan statistical area (within the 
meaning of section 143(k)(2)(B)), within 1 
mile of the boundaries of such reservation, 
or portion thereof; and 
‘‘(ii) in the case of an Indian reserva-
tion, or portion thereof, located within a 
nonmetropolitan area (as defined in section 
42(d)(5)(C)(iv)(IV)), within 15 miles of 
the boundaries of such reservation, or por-
tion thereof. 
‘‘(D) NET PROCEEDS.—The term ‘net pro-
ceeds’ has the meaning given such term by sec-
tion 150(a)(3).’’
(b) CONFORMING AMENDMENT.—Paragraph (3) of 
section 149(b) of the Internal Revenue Code of 1986 (re-
lating to federally guaranteed bond is not exempt) is
I 
108TH CONGRESS 
2D SESSION 
H. R. 3713
To designate the Federal building located at 250 West Cherry Street in 
Carbondale, Illinois the ‘‘Senator Paul Simon Federal Building’’. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 21, 2004
Mr. COSTELLO (for himself, Mr. SHIMKUS, Mr. JOHNSON of Illinois, Mr. 
JACKSON of Illinois, Mr. DAVIS of Illinois, Mr. GUTIERREZ, Mr. EMAN-
UEL, and Mr. KIRK) introduced the following bill; which was referred to 
the Committee on Transportation and Infrastructure 
A BILL 
To designate the Federal building located at 250 West Cher-
ry Street in Carbondale, Illinois the ‘‘Senator Paul 
Simon Federal Building’’.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. DESIGNATION OF FEDERAL BUILDING. 
The Federal building located at 250 West Cherry 
Street in Carbondale, Illinois shall be known and des-
ignated as the ‘‘Senator Paul Simon Federal Building’’. 
SEC. 2. REFERENCES. 
Any reference in a law, map, regulation, document, 
paper or other record of the United States to the Federal
building referred to in section 1 shall be deemed to be 
a reference to the ‘‘Senator Paul Simon Federal Build-
ing’’.
Æ
IB 
House Calendar No. 161
108TH CONGRESS 
2D SESSION 
H. R. 3713
[Report No. 108–450] 
To designate the Federal building located at 250 West Cherry Street in 
Carbondale, Illinois the ‘‘Senator Paul Simon Federal Building’’. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 21, 2004
Mr. COSTELLO (for himself, Mr. SHIMKUS, Mr. JOHNSON of Illinois, Mr. 
JACKSON of Illinois, Mr. DAVIS of Illinois, Mr. GUTIERREZ, Mr. EMAN-
UEL, and Mr. KIRK) introduced the following bill; which was referred to 
the Committee on Transportation and Infrastructure 
MARCH 25, 2004
Additional sponsors: Mr. HYDE, Mrs. BIGGERT, Mr. WELLER, Mr. EVANS, 
Mr. LIPINSKI, and Mr. RUSH
MARCH 25, 2004
Referred to the House Calendar and ordered to be printed 
A BILL 
To designate the Federal building located at 250 West Cher-
ry Street in Carbondale, Illinois the ‘‘Senator Paul 
Simon Federal Building’’.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. DESIGNATION OF FEDERAL BUILDING. 
The Federal building located at 250 West Cherry 
Street in Carbondale, Illinois shall be known and des-
ignated as the ‘‘Senator Paul Simon Federal Building’’. 
SEC. 2. REFERENCES. 
Any reference in a law, map, regulation, document, 
paper or other record of the United States to the Federal 
building referred to in section 1 shall be deemed to be 
a reference to the ‘‘Senator Paul Simon Federal Build-
ing’’.
House Calendar No. 161
108TH CONGRESS 
2D SESSION 
H. R. 3713
[Report No. 108–450] 
A BILL 
To designate the Federal building located at 250 
West Cherry Street in Carbondale, Illinois the 
‘‘Senator Paul Simon Federal Building’’. 
MARCH 25, 2004
Referred to the House Calendar and ordered to be 
printed
HR 4053 RFS 
to which the United States is a member so as to ex-
clude nations that violate the principles of the spe-
cific organization; 
(2) make it a policy of the United Nations and 
other international organizations and multilateral in-
stitutions, of which the United States is a member, 
that a member state may not stand in nomination 
or be in rotation for a leadership position in such 
bodies if the member state is subject to sanctions 
imposed by the United Nations Security Council; 
and 
(3) work to ensure that no member state stand 
in nomination or be in rotation for a leadership posi-
tion in such organizations, or for membership of the 
United Nations Security Council, if the member 
state is subject to a determination under section 
620A of the Foreign Assistance Act of 1961, section 
40 of the Arms Export Control Act, or section 6(j) 
of the Export Administration Act. 
(b) REPORT TO CONGRESS.—Not later than 15 days 
after a country subject to a determination under section 
620A of the Foreign Assistance Act of 1961, section 40 
of the Arms Export Control Act, or section 6(j) of the 
Export Administration Act of 1979 is selected for a lead-
ership post in an international organization of which the
section shall not exceed $500,000 for each viola-
tion.’’. 
SEC. 3. ADDITIONAL FACTORS IN INDECENCY PENALTIES; 
EXCEPTION. 
Section 503(b)(2) of the Communications Act of 1934 
(47 U.S.C. 503(b)(2)) is further amended by adding at the 
end (after subparagraph (E) as redesignated by section 2(1) 
of this Act) the following new subparagraphs: 
‘‘(F) In the case of a violation in which the violator 
is determined by the Commission under paragraph (1) to 
have uttered obscene, indecent, or profane material, the 
Commission shall take into account, in addition to the mat-
ters described in subparagraph (E), the following factors: 
‘‘(i) With respect to the degree of culpability of 
the violator, the following:
‘‘(I) whether the material uttered by the vio-
lator was live or recorded, scripted or unscripted; 
‘‘(II) whether the violator had a reasonable 
opportunity to review recorded or scripted pro-
gramming or had a reasonable basis to believe 
live or unscripted programming may contain ob-
scene, indecent, or profane material; 
‘‘(III) if the violator originated live or 
unscripted programming, whether a time delay
department or agency involved a new written certification 
which provides that the percentage of the workforce of the 
business enterprise employed in the United States or its 
territories is equal to or greater than such percentage for 
the year preceding the year for which the written certifi-
cation under section 1(b) was provided.
Æ
(1) maintain a database of information related 
to occurrences of gender-based violence or exploi-
tation of children during a complex humanitarian 
emergency; 
(2) develop, based on the information contained 
in the database required by paragraph (1) and other 
research—
(A) a list of early warning signs that indi-
cate there is a likelihood that gender-based vio-
lence or exploitation of children will occur dur-
ing a complex humanitarian emergency; and 
(B) a list, that is updated regularly, of 
countries or regions where there is an increased 
risk of gender-based violence or exploitation of 
children due to a complex humanitarian emer-
gency to enhance the preparedness of the 
United States Government or organizations 
funded by the United States Government to re-
spond to such an emergency; 
(3) disseminate to United States embassies and 
consular posts the lists described in subparagraphs 
(A) and (B) of paragraph (2); 
(4) assist embassies and consular posts in re-
sponding to an increased risk of gender-based vio-
I 
108TH CONGRESS 
2D SESSION 
H. R. 3716
To amend title VII of the Tariff Act of 1930 to provide that the provisions 
relating to countervailing duties apply to nonmarket economy countries. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 21, 2004
Mr. ENGLISH (for himself, Mr. DAVIS of Alabama, and Ms. HART) introduced 
the following bill; which was referred to the Committee on Ways and Means 
A BILL 
To amend title VII of the Tariff Act of 1930 to provide 
that the provisions relating to countervailing duties apply 
to nonmarket economy countries.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. APPLICATION OF COUNTERVAILING DUTIES TO 
NONMARKET ECONOMY COUNTRIES. 
Section 701(a)(1) of the Tariff Act of 1930 (19 
U.S.C. 1671(a)(1)) is amended by inserting ‘‘(including 
a nonmarket economy country)’’ after ‘‘country’’ each 
place it appears.
SEC. 2. EFFECTIVE DATE. 
The amendments made by section 1 apply to petitions 
filed under section 702 of the Tariff Act of 1930 on or 
after the date of the enactment of this Act.
Æ
I 
108TH CONGRESS 
2D SESSION 
H. R. 4992
To amend the Public Health Service Act to protect certain health care 
providers against legal liability for providing emergency and related care 
to uninsured individuals. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 22, 2004
Mr. SHADEGG (for himself, Mr. NORWOOD, and Mr. THORNBERRY) introduced 
the following bill; which was referred to the Committee on Energy and 
Commerce 
A BILL 
To amend the Public Health Service Act to protect certain 
health care providers against legal liability for providing 
emergency and related care to uninsured individuals.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Ensuring Access to 
Emergency Rooms Act of 2004’’. 
SEC. 2. CONSTITUTIONAL AUTHORITY. 
The constitutional authority upon which this Act 
rests is the power of the Congress to provide for the gen-
eral welfare, to regulate commerce, and to make all laws
which shall be necessary and proper for carrying into exe-
cution Federal powers, as enumerated in section 8 of arti-
cle I of the Constitution of the United States. 
SEC. 3. PROTECTION AGAINST LEGAL LIABILITY FOR 
EMERGENCY AND RELATED SERVICES FUR-
NISHED TO UNINSURED INDIVIDUALS. 
Section 224(g) of the Public Health Service Act (42 
U.S.C. 233(g)) is amended—
(1) in paragraph (4), by striking ‘‘An entity’’ 
and inserting in lieu thereof ‘‘Subject to paragraph 
(6), an entity’’; and 
(2) by adding at the end the following: 
‘‘(6)(A) For purposes of this section—
‘‘(i) an entity described in subparagraph 
(B) shall be considered to be an entity de-
scribed in paragraph (4); and 
‘‘(ii) the provisions of this section shall 
apply to an entity described in subparagraph 
(B) in the same manner as such provisions 
apply to an entity described in paragraph (4), 
except that—
‘‘(I) 
notwithstanding 
paragraph 
(1)(B), the deeming of any entity described 
in subparagraph (B), or of an officer, gov-
erning board member, employee, or con-
blocking mechanism was implemented for the 
programming; 
‘‘(IV) the size of the viewing or listening au-
dience of the programming; and 
‘‘(V) whether the programming was part of 
a children’s television program as described in 
the Commission’s children’s television program-
ming policy (47 CFR 73.4050(c)). 
‘‘(ii) With respect to the violator’s ability to pay, 
the following: 
‘‘(I) whether the violator is a company or 
individual; and 
‘‘(II) if the violator is a company, the size 
of the company and the size of the market served. 
‘‘(G) A broadcast station licensee or permittee that re-
ceives programming from a network organization, but that 
is not owned or controlled, or under common ownership or 
control with, such network organization, shall not be subject 
to a forfeiture penalty under this subsection for broad-
casting obscene, indecent, or profane material, if—
‘‘(i) such material was within live or recorded 
programming provided by the network organization 
to the licensee or permittee; and 
‘‘(ii)(I) the programming was recorded or 
scripted, and the licensee or permittee was not given
I 
108TH CONGRESS 
2D SESSION 
H. R. 3717
To increase the penalties for violations by television and radio broadcasters 
of the prohibitions against transmission of obscene, indecent, and profane 
language. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 21, 2004
Mr. UPTON (for himself, Mr. MARKEY, Mr. TAUZIN, Mr. DINGELL, Mr. BILI-
RAKIS, Mr. BARTON of Texas, Mr. STEARNS, Mr. GILLMOR, Mr. BASS, 
Mr. GREENWOOD, Mr. BURR, Mr. BLUNT, Mr. SHIMKUS, Mr. TERRY, 
Mr. WELDON of Pennsylvania, Mr. WOLF, Mr. SMITH of Texas, Mr. 
GREEN of Texas, Mrs. WILSON of New Mexico, Mr. GORDON, Mr. 
WHITFIELD, Mrs. BONO, Ms. MCCARTHY of Missouri, Mr. WYNN, Mrs. 
CUBIN, and Mr. PITTS) introduced the following bill; which was referred 
to the Committee on Energy and Commerce 
A BILL 
To increase the penalties for violations by television and 
radio broadcasters of the prohibitions against trans-
mission of obscene, indecent, and profane language.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Broadcast Decency 
Enforcement Act of 2004’’.
SEC. 2. INCREASE IN PENALTIES FOR OBSCENE, INDECENT, 
AND PROFANE BROADCASTS. 
Section 503(b)(2) of the Communications Act of 
1934 (47 U.S.C. 503(b)(2)) is amended—
(1) by redesignating subparagraphs (C) and 
(D) as subparagraphs (D) and (E), respectively; 
(2) by inserting after subparagraph (B) the fol-
lowing new subparagraph: 
‘‘(C) Notwithstanding subparagraph (A), if the viola-
tor is (i) a broadcast station licensee or permittee, or (ii) 
an applicant for any broadcast license, permit, certificate, 
or other instrument or authorization issued by the Com-
mission, and the violator is determined by the Commission 
under paragraph (1) to have broadcast obscene, indecent, 
or profane language, the amount of any forfeiture penalty 
determined under this section shall not exceed $275,000 
for each violation or each day of a continuing violation, 
except that the amount assessed for any continuing viola-
tion shall not exceed a total of $3,000,000 for any single 
act or failure to act.’’; and 
(3) in subparagraph (D), as redesignated by 
paragraph (1), by striking ‘‘subparagraph (A) or 
(B)’’ and inserting ‘‘subparagraph (A), (B), or (C)’’.
Æ
II 
Calendar No. 464
108TH CONGRESS 
2D SESSION 
H. R. 3717
IN THE SENATE OF THE UNITED STATES 
MARCH 11, 2004
Received 
MARCH 25, 2004
Read the first time 
MARCH 26, 2004
Read the second time and placed on the calendar 
AN ACT 
To increase the penalties for violations by television and 
radio broadcasters of the prohibitions against trans-
mission of obscene, indecent, and profane material, and 
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
HR 3717 PCS 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Broadcast Decency 
Enforcement Act of 2004’’. 
SEC. 2. INCREASE IN PENALTIES FOR OBSCENE, INDECENT, 
AND PROFANE BROADCASTS. 
Section 503(b)(2) of the Communications Act of 
1934 (47 U.S.C. 503(b)(2)) is amended—
(1) by redesignating subparagraphs (C) and 
(D) as subparagraphs (D) and (E), respectively; 
(2) by inserting after subparagraph (B) the fol-
lowing new subparagraph: 
‘‘(C) Notwithstanding subparagraph (A), if the viola-
tor is (i) a broadcast station licensee or permittee, or (ii) 
an applicant for any broadcast license, permit, certificate, 
or other instrument or authorization issued by the Com-
mission, and the violator is determined by the Commission 
under paragraph (1) to have broadcast obscene, indecent, 
or profane material, the amount of any forfeiture penalty 
determined under this section shall not exceed $500,000 
for each violation.’’; and 
(3) in subparagraph (D), as redesignated by 
paragraph (1) of this subsection—
(A) by striking ‘‘subparagraph (A) or (B)’’ 
and inserting ‘‘subparagraph (A), (B), or (C)’’; 
and
HR 3717 PCS 
(B) by adding at the end the following: 
‘‘Notwithstanding the preceding sentence, if the 
violator is determined by the Commission under 
paragraph (1) to have uttered obscene, inde-
cent, or profane material (and the case is not 
covered by subparagraph (A), (B), or (C)), the 
amount of any forfeiture penalty determined 
under this section shall not exceed $500,000 for 
each violation.’’. 
SEC. 3. ADDITIONAL FACTORS IN INDECENCY PENALTIES; 
EXCEPTION. 
Section 503(b)(2) of the Communications Act of 
1934 (47 U.S.C. 503(b)(2)) is further amended by adding 
at the end (after subparagraph (E) as redesignated by sec-
tion 2(1) of this Act) the following new subparagraphs: 
‘‘(F) In the case of a violation in which the violator 
is determined by the Commission under paragraph (1) to 
have uttered obscene, indecent, or profane material, the 
Commission shall take into account, in addition to the 
matters described in subparagraph (E), the following fac-
tors: 
‘‘(i) With respect to the degree of culpability of 
the violator, the following:
a reasonable opportunity to review the programming 
in advance; or 
‘‘(II) the programming was live or unscripted, 
and the licensee or permittee had no reasonable basis 
to believe the programming would contain obscene, in-
decent, or profane material. 
The Commission shall by rule define the term ‘network or-
ganization’ for purposes of this subparagraph.’’. 
SEC. 4. INDECENCY PENALTIES FOR NONLICENSEES. 
Section 503(b)(5) of the Communications Act of 1934 
(47 U.S.C. 503(b)(5) is amended—
(1) by redesignating subparagraphs (A), (B), 
and (C) as clauses (i), (ii), and (iii), respectively; 
(2) by inserting ‘‘(A)’’ after ‘‘(5)’’; 
(3) by redesignating the second sentence as sub-
paragraph (B); 
(4) in such subparagraph (B) as redesignated—
(A) by striking ‘‘The provisions of this 
paragraph shall not apply, however,’’ and insert-
ing ‘‘The provisions of subparagraph (A) shall 
not apply (i)’’; 
(B) by striking ‘‘operator, if the person’’ 
and inserting ‘‘operator, (ii) if the person’’; 
(C) by striking ‘‘or in the case of’’ and in-
serting ‘‘(iii) in the case of’’; and