datamatters24/research-document-archive huggingface dataset:
IIB 
110TH CONGRESS 
2D SESSION 
H. R. 3819 
IN THE SENATE OF THE UNITED STATES 
MAY 22, 2008 
Received; read twice and referred to the Committee on Veterans’ Affairs 
AN ACT 
To amend title 38, United States Code, to require the Sec-
retary of Veterans Affairs to reimburse veterans receiv-
ing emergency treatment in non-Department of Veterans 
Affairs facilities for such treatment until such veterans 
are transferred to Department facilities, and for other 
purposes. 
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HR 3819 RFS 
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 ‘‘Veterans Emergency 
Care Fairness Act of 2008’’. 
SEC. 2. MANDATORY REIMBURSEMENT OF VETERANS RE-
CEIVING EMERGENCY TREATMENT IN NON- 
DEPARTMENT OF VETERANS AFFAIRS FACILI-
TIES UNTIL TRANSFER TO DEPARTMENT FA-
CILITIES. 
(a) CERTAIN VETERANS WITHOUT SERVICE-CON-
NECTED DISABILITY.—Section 1725 of title 38, United 
States Code, is amended— 
(1) in subsection (a)(1), by striking ‘‘may reim-
burse’’ and inserting ‘‘shall reimburse’’; and 
(2) in subsection (f)(1), by striking subpara-
graph (C) and inserting the following new subpara-
graph (C): 
‘‘(C) until— 
‘‘(i) such time as the veteran can be 
transferred safely to a Department facility 
or other Federal facility; or 
‘‘(ii) such time as a Department facil-
ity or other Federal facility agrees to ac-
cept such transfer if— 
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(b) CREDIT TO BE PART OF GENERAL BUSINESS 
CREDIT.—Subsection (b) of section 38 of such Code (re-
lating to general business credit ) is amended by striking 
‘‘plus’’ at the end of paragraph (30), by striking the period 
at the end of paragraph (31) and inserting ‘‘, plus’’, and 
by adding at the end the following new paragraph: 
‘‘(32) the commercial vehicle advanced safety 
system credit determined under section 45O(a).’’. 
(c) CONFORMING AMENDMENTS.— 
(1) Section 1016(a) of such Code is amended 
by striking ‘‘and’’ at the end of paragraph (36), by 
striking the period at the end of paragraph (37) and 
inserting ‘‘, and’’, and by adding at the end the fol-
lowing new paragraph: 
‘‘(38) to the extent provided in section 
45O(g)(1).’’. 
(2) Subsection (m) of section 6501 of such 
Code is amended by inserting ‘‘45O(g)(5),’’ after 
‘‘45C(d)(4),’’. 
(3) The table of sections for subpart D of part 
IV of subchapter A of chapter 1 of such Code is 
amended by inserting after the item relating to sec-
tion 45N the following new item: 
‘‘Sec. 45O. Credit for commercial vehicle advanced safety systems.’’. 
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HR 3819 RFS 
‘‘(I) at the time described in 
clause (i), no Department facility or 
other Federal facility agrees to accept 
such transfer; and 
‘‘(II) the non-Department facility 
in which such medical care or services 
is furnished makes and documents 
reasonable attempts to transfer the 
veteran to a Department facility or 
other Federal facility.’’. 
(b) CERTAIN VETERANS WITH SERVICE-CONNECTED 
DISABILITY.—Section 1728 of such title is amended— 
(1) by striking subsection (a) and inserting the 
following new subsection (a): 
‘‘(a) The Secretary, under such regulations as the 
Secretary shall prescribe, shall reimburse veterans entitled 
to hospital care or medical services under this chapter for 
the reasonable value of emergency treatment (including 
travel and incidental expenses under the terms and condi-
tions set forth in section 111 of this title) for which such 
veterans have made payment, from sources other than the 
Department, where such emergency treatment was ren-
dered to such veterans in need thereof for any of the fol-
lowing: 
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HR 3819 RFS 
‘‘(1) An adjudicated service-connected dis-
ability. 
‘‘(2) A non-service-connected disability associ-
ated with and held to be aggravating a service-con-
nected disability. 
‘‘(3) Any disability of a veteran in the veteran 
has a total disability permanent in nature from a 
service-connected disability. 
‘‘(4) Any illness, injury, or dental condition of 
a veteran who— 
‘‘(A) is a participant in a vocational reha-
bilitation program (as defined in section 
3101(9) of this title); and 
‘‘(B) is medically determined to have been 
in need of care or treatment to make possible 
the veteran’s entrance into a course of training, 
or prevent interruption of a course of training, 
or hasten the return to a course of training 
which was interrupted because of such illness, 
injury, or dental condition.’’; 
(2) in subsection (b), by striking ‘‘care or serv-
ices’’ both places it appears and inserting ‘‘emer-
gency treatment’’; and 
(3) by adding at the end the following new sub-
section: 
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HR 3819 RFS 
‘‘(c) In this section, the term ‘emergency treatment’ 
has the meaning given such term in section 1725(f)(1) of 
this title.’’. 
Passed the House of Representatives May 21, 2008. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
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SEC. 2. AMENDMENT TO TITLE II OF THE HIGHER EDU-
CATION ACT OF 1965. 
(a) STATE GRANTS.—Section 202(d) of the Higher 
Education Act of 1965 (20 U.S.C. 1022(d)) is amended 
by adding at the end the following: 
‘‘(8) GIFTED AND TALENTED STUDENTS.—In-
corporating the learning needs of gifted and talented 
students into the activity described in paragraph (1), 
(2), or (3) in order to ensure that new teachers pos-
sess basic knowledge and skills necessary to meet 
the educational needs of gifted and talented stu-
dents. 
‘‘(9) 
NEW-TEACHER
MENTORING
ON
THE 
NEEDS OF GIFTED AND TALENTED STUDENTS.—Es-
tablishing or expanding new-teacher mentoring and 
assessment programs (including induction and eval-
uation programs) that are a part of the licensure 
process that includes the development of a portfolio 
produced by the new teacher, under the supervision 
and guidance of a veteran teacher mentor, which is 
designed to demonstrate that the new teacher pos-
sesses basic knowledge of the classroom indicators of 
giftedness, is able to identify student learning dif-
ferences among gifted students, and is able to pro-
vide instruction to accommodate such differences.’’. 
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(b) PARTNERSHIP GRANTS.—Section 203(e) of the 
Higher Education Act of 1965 (20 U.S.C. 1023(e)) is 
amended— 
(1) in paragraph (1), by striking ‘‘and limited 
English proficient individuals’’ and inserting ‘‘, lim-
ited English proficient individuals, and gifted and 
talented students’’; and 
(2) by adding at the end the following: 
‘‘(5) GIFTED AND TALENTED STUDENTS.—In-
creasing the knowledge and skills of preservice 
teachers participating in activities under subsection 
(d) in the educational and related needs of gifted 
and talented students by, among other strategies, in-
fusing teacher coursework with units on the charac-
teristics of high-ability learners, using assessments 
to identify preexisting knowledge and skills among 
students, and developing teaching strategies that are 
driven by the learner’s progress.’’. 
Æ 
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SEC. 2. SPECIAL RESOURCE STUDY. 
(a) IN GENERAL.—The Secretary of the Interior 
(hereafter referred to in this Act as the ‘‘Secretary’’) shall 
complete a special resource study of the sites and re-
sources at Matewan, West Virginia, associated with the 
Battle of Matewan (also known as the Matewan Massacre) 
of May 19, 1920, to determine— 
(1) the suitability and feasibility of designating 
certain historic areas of Matewan, West Virginia, as 
a unit of the National Park System; and 
(2) the methods and means for the protection 
and interpretation of such historic areas by the Na-
tional Park Service, other Federal, State, or local 
government entities, or private or non-profit organi-
zations. 
(b) STUDY REQUIREMENTS.—The Secretary shall 
conduct the study in accordance with section 8(c) of Pub-
lic Law 91–383 (16 U.S.C. 1a–5). 
(c) REPORT.—Not later than 3 years after the date 
on which funds are made available to carry out this Act, 
the Secretary shall submit to the Committee on Natural 
Resources of the House of Representatives and the Com-
mittee on Energy and Natural Resources of the Senate 
a report containing— 
(1) the results of the study; and 
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(2) any recommendations of the Secretary. 
Æ 
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(7) Arnold Palmer served his country for 3 
years in the United States Coast Guard and was 
among those chosen to address the Joint Session of 
Congress on the occasion of the 100th anniversary 
of the birth of President Dwight D. Eisenhower. 
(8) Arnold Palmer served as Honorary National 
Chairman of the March of Dimes Birth Defects 
Foundation for 20 years and played a major role in 
the fund-raising drive that led to the creation of the 
Arnold Palmer Hospital for Children in Orlando and 
the Latrobe Area Hospital Charitable Foundation in 
his Western Pennsylvania hometown. 
(9) Arnold Palmer remains active in tour-
nament golf, although he retired from competition in 
the major championships on April 14, 2002, when 
he played the last of his 48 Masters Tournaments, 
where he was given an emotional standing ovation as 
he finished the 18th hole. 
SEC. 2. CONGRESSIONAL GOLD MEDAL. 
(a) PRESENTATION AUTHORIZED.—The Speaker of 
the House of Representatives and the President Pro Tem-
pore of the Senate shall make appropriate arrangements 
for the presentation, on behalf of the Congress, of a gold 
medal of appropriate design to Arnold Palmer in recogni-
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‘‘(2) the original use of which begins with the 
taxpayer. 
‘‘(d) APPLICATION WITH OTHER CREDITS.— 
‘‘(1) BUSINESS CREDIT TREATED AS PART OF 
GENERAL BUSINESS CREDIT.—So much of the credit 
which would be allowed under subsection (a) for any 
taxable year (determined without regard to this sub-
section) that is attributable to property of a char-
acter subject to an allowance for depreciation shall 
be treated as a credit listed in section 38(b) for such 
taxable year (and not allowed under subsection (a)). 
‘‘(2) PERSONAL
CREDIT.—The credit allowed 
under subsection (a) (after the application of para-
graph (1)) for any taxable year shall not exceed the 
excess (if any) of— 
‘‘(A) the regular tax liability (as defined in 
section 26(b)) reduced by the sum of the credits 
allowable under subpart A and sections 27, 30, 
30B, and 30C, over 
‘‘(B) the tentative minimum tax for the 
taxable year. 
‘‘(e) OTHER RULES TO APPLY.—Rules similar to the 
rules of paragraphs (2), (3), (4), and (5) of section 30C(e) 
shall apply for purposes of this section. 
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‘‘(f) BASIS ADJUSTMENT.—For purposes of this sub-
title, the basis of any property shall be reduced by the 
amount of any credit allowed under this section with re-
spect to such property. 
‘‘(g) TERMINATION.—This section shall not apply to 
property placed in service after December 31, 2016.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Subsection (a) of section 1016 of such Code 
is amended by striking ‘‘and’’ at the end of para-
graph (36), by striking the period at the end of 
paragraph (37) and inserting ‘‘, and’’, and by add-
ing at the end the following new paragraph: 
‘‘(38) to the extent provided in section 
30D(f).’’. 
(2) The table of sections for subpart B of part 
IV of subchapter A of chapter 1 of such Code is 
amended by adding at the end the following new 
item: 
‘‘Sec. 30D. Energy Star compliant refrigerators and freezers.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to property placed in service after 
the date of the enactment of this Act. 
Æ 
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(3) by inserting after subsection (c), the fol-
lowing: 
‘‘(d) COORDINATION.—The Secretary shall take all nec-
essary steps to coordinate programs funded with grants re-
ceived under this section and to coordinate with existing 
newborn screening activities.’’; and 
(4) by striking subsection (j) (as so redesignated) 
and inserting the following: 
‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated— 
‘‘(1) to provide grants for the purpose of car-
rying 
out 
activities 
under 
subsection 
(a)(1), 
$15,000,000 for fiscal year 2009, $15,187,500 for fis-
cal year 2010, $15,375,000 for fiscal year 2011, 
$15,562,500 for fiscal year 2012, and $15,750,000 for 
fiscal year 2013; and 
‘‘(2) to provide grants for the purpose of car-
rying out activities under paragraphs (2), (3), and 
(4) of subsection (a), $15,000,000 for fiscal year 2009, 
$15,187,500 for fiscal year 2010, $15,375,000 for fis-
cal year 2011, $15,562,500 for fiscal year 2012, and 
$15,750,000 for fiscal year 2013.’’. 
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ance on the property securing the federally 
related mortgage; 
‘‘(ii) a statement that the servicer 
does not have evidence of insurance cov-
erage of such property; 
‘‘(iii) a clear and conspicuous state-
ment of the procedures by which the bor-
rower may demonstrate that the borrower 
already has insurance coverage; and 
‘‘(iv) a statement that the servicer 
may obtain such coverage at the borrower’s 
expense if the borrower does not provide 
such demonstration of the borrower’s exist-
ing coverage in a timely manner; 
‘‘(B) the servicer has sent, by certified 
mail, a second written notice, at least 30 days 
after the mailing of the notice under subpara-
graph (A) that contains all the information de-
scribed in each clauses of such subparagraph; 
and 
‘‘(C) the servicer has not received from the 
borrower any demonstration of hazard insur-
ance coverage or, if applicable, flood insurance 
coverage for the property securing the mortgage 
by the end of the 20-day period beginning on 
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number of such employees serving in those capacities on 
the date of enactment of this Act. 
(b) SOLE PURPOSE.—The sole purpose of the addi-
tional staff required to be hired under subsection (a) is 
to work on child exploitation cases as part of the Federal 
Bureau of Investigation’s Innocent Images National Ini-
tiative. 
SEC. 203. IMMIGRATIONS AND CUSTOMS ENFORCEMENT 
ENHANCEMENT. 
(a) ADDITIONAL AGENTS.—There are authorized to 
be appropriated to the Secretary of Homeland Security 
$15,000,000, for each of the fiscal years 2009 through 
2016, to fund the hiring of full-time agents and associated 
analysts and support staff within the Bureau of Immigra-
tion and Customs Enforcement in addition to the number 
of such employees serving in those capacities on the date 
of enactment of this Act. 
(b) SOLE PURPOSE.—The sole purpose of the addi-
tional staff required to be hired under subsection (a) is 
to work on child exploitation and child obscenity cases. 
SEC. 204. COMBATING TRAFFICKING VIA THE UNITED 
STATES POSTAL SERVICE. 
(a) IN GENERAL.—There are authorized to be appro-
priated to the Postmaster General $5,000,000, for each 
of the fiscal years 2009 through 2016, to fund the hiring
‘‘(e) PEER REVIEW.—Nothing in this section shall be 
construed to interfere with the scientific peer-review proc-
ess at the National Institutes of Health. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this sec-
tion— 
‘‘(1) $7,000,000 for fiscal year 2008; and 
‘‘(2) such sums as may be necessary for fiscal 
years 2009 through 2012.’’. 
Æ 
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formation from all commercial and public providers 
of broadband service capability under its jurisdiction 
in each State. Such information shall include— 
(A) for each area encompassed by a United 
States postal zip code of the 5 digit level— 
(i) information concerning the types of 
technology used to provide broadband serv-
ice capability in such area; 
(ii) the tiers designated under para-
graph (2) used to provide such capability in 
such area; and 
(iii) the actual number of residential 
subscribers and the actual number of busi-
ness subscribers in such area; and 
(B) for each State, the actual number of res-
idential subscribers and the actual number of 
business subscribers for each tier of service des-
ignated under paragraph (2). 
(4) INFORMATION REPORTED.—In the annual re-
port required by paragraph (1), the Commission shall 
provide to the public— 
(A) for each area encompassed by a United 
States postal zip code of the 5 digit level— 
(i) a list of the types of technology used 
to provide such capability in such area; and 
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SEC. 5. MORATORIUM. 
(a) ESTABLISHMENT
OF MORATORIUM.—There is 
hereby established for the coastal waters of each coastal 
State a moratorium on commercial fishing for Atlantic 
menhaden for reduction purposes. 
(b) TERMINATION OF MORATORIUM.—Upon receiv-
ing notice from the Commission under section 4(c) of an 
affirmative determination regarding a coastal State, the 
Secretaries— 
(1) within 30 days after receiving the notifica-
tion and after carefully considering and reviewing 
the comments of the Commission and of that coastal 
State, shall determine jointly whether that coastal 
State is in compliance with the Plan; and 
(2) shall terminate the moratorium under sub-
section (a) with respect to coastal waters of that 
coastal State, if— 
(A) a scientifically determined total allow-
able catch limit has been established under the 
Plan for commercial fishing for Atlantic menha-
den for reduction purposes; and 
(B) the Secretaries determine that the 
State is in compliance with the Plan. 
(c) PROHIBITED ACTS DURING MORATORIUM.—Dur-
ing a moratorium period, it is unlawful for any person— 
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HR 4299 RFS
means, as the context requires, any of Program 
Year 1, Program Year 2, Program Year 3, Pro-
gram Year 4, Program Year 5, or any of cal-
endar years 2008 through 2014.’’. 
(c) CONFORMING
AMENDMENTS.—The Terrorism 
Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is 
amended— 
(1) in section 102(7)(F)— 
(A) by inserting ‘‘and each Program Year 
thereafter’’ before ‘‘, the value’’; and 
(B) by striking ‘‘preceding Program Year 
5’’ and inserting ‘‘preceding that Program 
Year’’; 
(2) in section 103(e)(1)(A), by inserting ‘‘and 
each Program Year thereafter’’ after ‘‘Year 5’’; 
(3) in section 103(e)(1)(B)(ii), by inserting be-
fore the period at the end ‘‘and any Program Year 
thereafter’’; 
(4) in section 103(e)(2)(A), by striking ‘‘of Pro-
gram Years 2 through 5’’ and inserting ‘‘Program 
Year thereafter’’; 
(5) in section 103(e)(3), by striking ‘‘of Pro-
gram Years 2 through 5,’’ and inserting ‘‘other Pro-
gram Year’’; and 
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I 
110TH CONGRESS 
1ST SESSION H. R. 3829 
To amend title 18, United States Code, to prohibit certain interstate conduct 
relating to exotic animals. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 15, 2007 
Mr. COHEN (for himself and Mr. WHITFIELD) introduced the following bill; 
which was referred to the Committee on the Judiciary 
A BILL 
To amend title 18, United States Code, to prohibit certain 
interstate conduct relating to exotic animals. 
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 ‘‘Sportsmanship in 
Hunting Act of 2007’’. 
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SEC. 2. TRANSPORT OR POSSESSION OF EXOTIC ANIMALS 
FOR PURPOSES OF KILLING OR INJURING 
THEM. 
(a) IN GENERAL.—Chapter 3 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 49. Exotic animals 
‘‘(a) PROHIBITION.—Whoever, in or affecting inter-
state or foreign commerce, knowingly transfers, trans-
ports, or possesses a confined exotic animal, for the pur-
poses of allowing the killing or injuring of that animal for 
entertainment or for the collection of a trophy, shall be 
fined under this title, imprisoned not more than 1 year, 
or both. 
‘‘(b) DEFINITIONS.—In this section— 
‘‘(1) the term ‘confined exotic animal’ means a 
mammal of a species not indigenous to the United 
States, that has been held in captivity— 
‘‘(A) the majority of the animal’s life; or 
‘‘(B) a period of 1 year; and 
‘‘(2) the term ‘captivity’ does not include any 
period during which an animal lives as it would in 
the wild— 
‘‘(A) surviving primarily by foraging for 
naturally occurring food; 
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‘‘(B) roaming at will over an open area of 
not less than 1,000 acres; and 
‘‘(C) having the opportunity to avoid hunt-
ers.’’. 
(b) CONFORMING AMENDMENT.—The table of sec-
tions at the beginning of chapter 3 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing new item: 
‘‘49. Exotic animals.’’. 
Æ 
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term ‘in-State municipal depositor’ means a 
municipal depositor that is located in the same 
State as the office or branch of the insured de-
pository institution at which the deposits of 
that depositor are held. 
‘‘(E) MUNICIPAL
DEPOSITOR.—For pur-
poses of this paragraph, the term ‘municipal de-
positor’ means a depositor that is—’’; 
(3) by striking ‘‘(B) The’’ and inserting the fol-
lowing: 
‘‘(F) AUTHORITY
TO
LIMIT
DEPOSITS.— 
The’’; and 
(4) by striking ‘‘depositor referred to in sub-
paragraph (A) of this paragraph’’ each place such 
term appears and inserting ‘‘municipal depositor’’. 
Æ 
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