datamatters24/research-document-archive huggingface dataset:
HR 4492 PCS 
SEC. 604. COMPACT. 
To carry out the purposes of this title, the Secretary 
shall enter into a compact with the management entity. 
The compact shall include information relating to the ob-
jectives and management of the area, including a discus-
sion of the goals and objectives of the Heritage Area, in-
cluding an explanation of the proposed approach to con-
servation and interpretation and a general outline of the 
protection measures committed to by the Secretary and 
management entity. 
SEC. 605. AUTHORITIES AND DUTIES OF MANAGEMENT EN-
TITY. 
(a) AUTHORITIES OF THE MANAGEMENT ENTITY.—
The management entity may use funds made available 
under this title for purposes of preparing, updating, and 
implementing the management plan developed under sub-
section (b). Such purposes may include—
(1) making grants to, and entering into cooper-
ative agreements with, States and their political sub-
divisions, private organizations, or any other person; 
(2) hiring and compensating staff; and 
(3) undertaking initiatives that advance the 
purposes of the Heritage Area. 
(b) MANAGEMENT PLAN.—The management entity 
shall develop a management plan for the Heritage Area 
that—
HR 4492 PCS 
‘‘(3) encourage by appropriate means economic 
viability in the corridor consistent with the goals of 
the management plan; 
‘‘(4) consider the interests of diverse govern-
mental, business, and other groups within the cor-
ridor; 
‘‘(5) conduct public meetings at least quarterly 
regarding the implementation of the management 
plan; 
‘‘(6) submit substantial changes (including any 
increase of more than 20 percent in the cost esti-
mates for implementation) to the management plan 
to the Secretary; 
‘‘(7) for any year in which Federal funds have 
been received under this title—
‘‘(A) submit an annual report to the Sec-
retary setting forth the Association’s accom-
plishments, expenses and income, and the iden-
tity of each entity to which any loans and 
grants were made during the year for which the 
report is made; 
‘‘(B) make available for audit all records 
pertaining to the expenditure of such funds and 
any matching funds; and
†
1013
HR 4520 EAS
‘‘(b) DATA SUBMISSION.—At the request of the Sec-
retary, each tobacco product manufacturer or importer of
tobacco products, or agents thereof, shall submit the fol-
lowing:
‘‘(1) Any or all documents (including underlying
scientific information) relating to research activities,
and research findings, conducted, supported, or pos-
sessed by the manufacturer (or agents thereof) on the
health, toxicological, behavioral, or physiologic effects
of tobacco products and their constituents (including
smoke constituents), ingredients, components, and ad-
ditives.
‘‘(2) Any or all documents (including underlying
scientific information) relating to research activities,
and research findings, conducted, supported, or pos-
sessed by the manufacturer (or agents thereof) that re-
late to the issue of whether a reduction in risk to
health from tobacco products can occur upon the em-
ployment of technology available or known to the
manufacturer.
‘‘(3) Any or all documents (including underlying
scientific or financial information) relating to mar-
keting research involving the use of tobacco products
or marketing practices and the effectiveness of such
have been made by the management entity and any 
other persons for the first 5 years of implementation; 
(7) lists any revisions to the boundaries of the 
Heritage Area proposed by the management entity 
and requested by the affected local government; and 
(8) includes an interpretation plan for the Her-
itage Area. 
(c) DEADLINE; TERMINATION OF FUNDING.— 
(1) DEADLINE.—The management entity shall 
submit the management plan to the Secretary within 
2 years after the funds are made available for this 
title. 
(2) TERMINATION OF FUNDING.—If a manage-
ment plan is not submitted to the Secretary in ac-
cordance with this subsection, the management entity 
shall not qualify for Federal assistance under this 
title. 
(d) DUTIES OF MANAGEMENT ENTITY.—The manage-
ment entity shall— 
(1) give priority to implementing actions set 
forth in the compact and management plan; 
(2) assist units of government, regional planning 
organizations, and nonprofit organizations in— 
(A) establishing and maintaining interpre-
tive exhibits in the Heritage Area;
(7) Grey Towers today is a place of historical 
significance where leaders in natural resource con-
servation meet, study, and share ideas, analyses, val-
ues, and philosophies, and is also a place where the 
public can learn and appreciate our conservation 
heritage. 
(8) As established by President Kennedy, the 
Pinchot Institute for Conservation, and the Forest 
Service at Grey Towers operate through an estab-
lished partnership in developing and delivering pro-
grams that carry on Gifford Pinchot’s conservation 
legacy. 
(9) Grey Towers and associated structures in 
and around Milford, Pennsylvania, can serve to en-
hance regional recreational and educational opportu-
nities. 
(b) PURPOSES.—The purposes of this Act are as fol-
lows: 
(1) To honor and perpetuate the memory of 
Gifford Pinchot. 
(2) To promote the recreational and educational 
resources of Milford, Pennsylvania, and its environs. 
(3) To authorize the Secretary of Agriculture—
(2) James and Mary Pinchot were also the pro-
genitors of a family of notable accomplishment in 
the history of the Commonwealth of Pennsylvania 
and the Nation, in particular, their son, Gifford Pin-
chot. 
(3) Gifford Pinchot was the first Chief of the 
Forest Service, a major influence in formulating and 
implementing forest conservation policies in the early 
20th Century, and twice Governor of Pennsylvania. 
(4) During the early 20th century, James and 
Gifford Pinchot used Grey Towers and the environs 
to establish scientific forestry, to develop conserva-
tion leaders, and to formulate conservation prin-
ciples, thus making this site one of the primary 
birthplaces of the American conservation movement. 
(5) In 1963, Gifford Bryce Pinchot, the son of 
Gifford and Cornelia Pinchot, donated Grey Towers 
and 102 acres to the Nation. 
(6) In 1963, President John F. Kennedy dedi-
cated the Pinchot Institute for Conservation ‘‘for the 
greater knowledge of land and its uses’’ at Grey 
Towers National Historic Landmark, thereby estab-
lishing a partnership between the public and private 
sectors.
‘‘(4) ARTICULATION AGREEMENT.—The term ‘ar-
ticulation agreement’ means a written commitment, 
agreed upon at the State level or approved annually 
and facilitated by the lead administrators of the sec-
ondary and postsecondary consortia members as de-
scribed in section 135(b)(3)(A), to a program de-
signed to provide students with a nonduplicative se-
quence of progressive achievements leading to degrees, 
certificates, or credentials in a tech-prep education 
program linked through credit transfer agreements.’’; 
(3) in paragraph (5) (as so redesignated), by in-
serting ‘‘to students (and parents, as appropriate)’’ 
after ‘‘providing access’’; 
(4) in paragraph (6) (as so redesignated), by 
striking ‘‘section 5206’’ and inserting ‘‘section 5210’’; 
(5) in paragraph (7) (as so redesignated)—
(A) by striking ‘‘method of instruction’’ and 
inserting ‘‘method’’; and 
(B) by inserting ‘‘rigorous and challenging’’ 
after ‘‘required’’; 
(6) in paragraph (11)(A) (as so redesignated), 
by striking ‘‘an’’ and inserting ‘‘a public or nonprofit 
private’’; 
(7) in paragraph (18) (as so redesignated)—
munity members’’ and inserting ‘‘academic and vo-
cational and technical education teachers, eligible re-
cipients, charter school authorizers and organizers, 
parents, students, interested community members 
(including parent and community organizations)’’; 
(3) in subsection (c)— 
(A) in paragraph (1)— 
(i) by redesignating subparagraphs 
(A) through (D) as subparagraphs (B) 
through (E), respectively, and inserting be-
fore such subparagraphs (as so redesig-
nated) the following: 
‘‘(A) the development of model sequences 
of courses for vocational and technical content 
areas that— 
‘‘(i) incorporate both secondary and 
postsecondary education elements; 
‘‘(ii) include rigorous and challenging 
academic content and vocational and tech-
nical content in a coordinated, nonduplica-
tive progression of courses; 
‘‘(iii) lead to a postsecondary 1-year 
certificate, associate’s or baccalaureate de-
gree, or a proficiency credential in conjunc-
tion with a secondary school diploma; and
V 
108TH CONGRESS 
2D SESSION 
H. R. 4495 
To authorize the Secretary of Transportation to issue a certificate of docu-
mentation with appropriate endorsement for employment in the coastwise 
trade for the vessel W. N. RAGLAND. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 2, 2004 
Ms. ESHOO introduced the following bill; which was referred to the Committee 
on Transportation and Infrastructure 
A BILL 
To authorize the Secretary of Transportation to issue a 
certificate of documentation with appropriate endorse-
ment for employment in the coastwise trade for the vessel 
W. N. RAGLAND. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. 
That notwithstanding section 27 of the Merchant Ma-
rine Act, 1920 (46 App. U.S.C. 883), section 8 of the Act 
of June 19, 1886 (46 App. U.S.C. 289), and section 
12106 of title 46, United States Code, the Secretary of 
Transportation may issue a certificate of documentation
with appropriate endorsement for employment in the 
coastwise trade for the vessel W. N. RAGLAND (Wash-
ington State registration number WN5506NE). 
Æ
I 
108TH CONGRESS 
2D SESSION 
H. R. 4499 
To amend the National Labor Relations Act to ensure that certain prevailing 
parties receive attorneys’ fees. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 3, 2004 
Mr. SAM JOHNSON of Texas (for himself and Mr. CARTER) introduced the fol-
lowing bill; which was referred to the Committee on Education and the 
Workforce 
A BILL 
To amend the National Labor Relations Act to ensure that 
certain prevailing parties receive attorneys’ fees. 
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 ‘‘Working Families Ac-
cess to Justice Act of 2004’’. 
SEC. 2. AMENDMENT TO NATIONAL LABOR RELATIONS ACT. 
The National Labor Relations Act (29 U.S.C. 151 
and following) is amended by adding at the end the fol-
lowing:
‘‘SEC. 20. AWARDS OF ATTORNEYS’ FEES AND COSTS. 
‘‘(a) ADMINISTRATIVE PROCEEDINGS.—An employer 
who, or a labor organization that— 
‘‘(1) is the prevailing party in an adversary ad-
judication conducted by the Board under this or any 
other Act, and 
‘‘(2) had not more than 100 employees and a 
net worth of not more than $7,000,000 at the time 
the adversary adjudication was initiated, 
shall be awarded fees and other expenses as a prevailing 
party under section 504 of title 5, United States Code, 
in accordance with the provisions of that section, but with-
out regard to whether the position of the Board was sub-
stantially justified or special circumstances make an 
award unjust. For purposes of this subsection, the term 
‘adversary adjudication’ has the meaning given that term 
in section 504(b)(1)(C) of title 5, United States Code. 
‘‘(b) COURT PROCEEDINGS.—An employer who, or a 
labor organization that— 
‘‘(1) is the prevailing party in a civil action, in-
cluding proceedings for judicial review of agency ac-
tion by the Board, brought by or against the Board, 
and 
‘‘(2) had not more than 100 employees and a 
net worth of not more than $7,000,000 at the time 
the civil action was filed,
shall be awarded fees and other expenses as a prevailing 
party under section 2412(d) of title 28, United States 
Code, in accordance with the provisions of that section, 
but without regard to whether the position of the United 
States was substantially justified or special circumstances 
make an award unjust. Any appeal of a determination of 
fees pursuant to subsection (a) or this subsection shall be 
determined without regard to whether the position of the 
United States was substantially justified or special cir-
cumstances make an award unjust.’’. 
SEC. 3. APPLICABILITY. 
(a) AGENCY PROCEEDINGS.—Subsection (a) of sec-
tion 20 of the National Labor Relations Act, as added by 
section 2 of this Act, applies to agency proceedings com-
menced on or after the date of the enactment of this Act. 
(b) COURT PROCEEDINGS.—Subsection (b) of section 
20 of the National Labor Relations Act, as added by sec-
tion 2 of this Act, applies to civil actions commenced on 
or after the date of the enactment of this Act. 
Æ
116
(D) in the case of a program under the 
Workforce Investment Act, with respect to any 
requirement the waiver of which would violate 
section 189(i)(4)(A)(i) of such Act; 
(E) in the case of the food stamp program 
(as defined in section 3(h) of the Food Stamp 
Act of 1977 (7 U.S.C. 2012(h)), with respect to 
any requirement under—
(i) section 6 (if waiving a requirement 
under such section would have the effect of 
expanding eligibility for the program), 7(b) 
or 16(c) of the Food Stamp Act of 1977 
(7 U.S.C. 2011 et seq.); or 
(ii) title IV of the Personal Responsi-
bility and Work Opportunity Reconciliation 
Act of 1996 (8 U.S.C. 1601 et seq.); 
(F) with respect to any requirement that a 
State pass through to a sub-State entity part or 
all of an amount paid to the State; 
(G) if the waiver would waive any funding 
restriction or limitation provided in an appro-
priations Act, or would have the effect of trans-
ferring appropriated funds from 1 appropria-
tions account to another; or
139 
(4) increase the awareness inside the National 
Laboratory or single-purpose research facility of the 
capabilities and opportunities presented by small 
business concerns; and 
(5) establish guidelines for the program under 
subsection (b) and report on the effectiveness of 
such program to the Director of the National Lab-
oratory or single-purpose research facility. 
(b) ESTABLISHMENT OF SMALL BUSINESS ASSIST-
ANCE PROGRAM.—The Secretary shall require the Direc-
tor of each National Laboratory, and may require the Di-
rector of a single-purpose research facility, to establish a 
program to provide small business concerns— 
(1) assistance directed at making them more ef-
fective and efficient subcontractors or suppliers to 
the National Laboratory or single-purpose research 
facility; or 
(2) general technical assistance, the cost of 
which shall not exceed $10,000 per instance of as-
sistance, to improve the small business concerns’ 
products or services. 
(c) USE OF FUNDS.—None of the funds expended 
under subsection (b) may be used for direct grants to the 
small business concerns. 
(d) DEFINITIONS.—In this section:
rier under section 338(h)(1) of the 
Communications Act of 1934, the 
subscriber elects to retain the distant 
signal; but 
‘‘(II) only until such time as the 
subscriber elects to receive such local 
signal. 
‘‘(ii) Notwithstanding clause (i), the 
carrier may not retransmit the distant sig-
nal to any subscriber who is eligible to re-
ceive the signal of a network station solely 
by reason of section 119(e) of title 17, 
United States Code, unless such carrier, 
within 60 days after the date of the enact-
ment of the Satellite Home Viewer Exten-
sion and Reauthorization Act of 2004, sub-
mits to that television network the list and 
statement required by section 338(h)(2). 
‘‘(B) RULES FOR OTHER SUBSCRIBERS.—
In the case of a subscriber of a satellite carrier 
who is eligible to receive the signal of a network 
station under the statutory license under sec-
tion 119(a)(2) of title 17, United States Code 
(in this subparagraph referred to as a ‘distant
(1) a proposal, using the best engineering prac-
tices for the broadcast television industry, for a pre-
dictive methodology for determining both which con-
sumers—
(A) receive a digital signal of sufficient in-
tensity to be able to receive and display digital 
television service using receiving terrestrial out-
door antennas of reasonable cost and ease of in-
stallation; or 
(B) will receive such a signal after a local 
station begins transmitting on its permanent 
digital television channel; 
(2) an analysis of whether it is possible to iden-
tify the areas of the country within which consumers 
will not, on and after the date on which analog tele-
vision services are discontinued pursuant to the pro-
visions of section 309(j)(14) of the Communications 
Act of 1934 (47 U.S.C. 309(j)(14)), be able to re-
ceive a digital television signal of sufficient intensity 
to be able to receive and display digital television 
service using receiving terrestrial outdoor antennas 
of reasonable cost and ease of installation; and 
(3) if possible, an identification, on a county-by-
county or more localized basis, of such areas for 
each television network.
SEC. 210. CARRIAGE OF CERTAIN ADDITIONAL STATIONS. 
Section 340 of the Communications Act of 1934, as 
added by section 202(a) of this Act, is amended by insert-
ing at the end of subsection (c) the following new para-
graph: 
‘‘(3) CARRIAGE OF CERTAIN ADDITIONAL STA-
TIONS.— 
‘‘(A) 
ADDITIONAL
STATIONS
AUTHOR-
IZED.—In addition to the signals that are eligi-
ble to be carried under subsection (a) and para-
graph (2) of this subsection, a satellite carrier 
is also authorized to retransmit to subscribers 
in no more than two counties in a State that 
are in a local market principally comprised of 
counties in another State, the signals of any tel-
evision station located in the capital city of the 
State in which such counties are located, if the 
total number of television households in the two 
counties combined did not exceed 10,000 for 
the year 2003 according to Nielson Media Re-
search. 
‘‘(B) 
TREATMENT
AS
SIGNIFICANTLY 
VIEWED; LIMITATIONS.—Such signals shall be 
deemed, solely for purposes of this section, to 
be significantly viewed in such two counties. In 
total, a satellite carrier that carries one or more
additional signals under this paragraph may re-
transmit no more than four television broadcast 
stations in such counties pursuant to this para-
graph. All rules applicable to carriage of sta-
tions pursuant to subsection (a) or paragraph 
(2) of this subsection shall apply to carriage of 
stations pursuant to this paragraph.’’. 
Æ
I 
108TH CONGRESS 
2D SESSION 
H. R. 4502
To amend the Internal Revenue Code of 1986 to provide that distributions 
from an individual retirement plan, a section 401(k) plan, or a section 
403(b) contract shall not be includible in gross income to the extent 
used to pay long-term care insurance premiums. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 3, 2004
Mr. TERRY (for himself, Mr. PAUL, Mr. NORWOOD, Mr. FEENEY, Mr. PETER-
SON of Minnesota, Mrs. NORTHUP, Mr. JONES of North Carolina, Mr. 
KENNEDY of Minnesota, Mr. MCHUGH, and Ms. GINNY BROWN-WAITE 
of Florida) introduced the following bill; which was referred to the Com-
mittee on Ways and Means 
A BILL 
To amend the Internal Revenue Code of 1986 to provide 
that distributions from an individual retirement plan, 
a section 401(k) plan, or a section 403(b) contract shall 
not be includible in gross income to the extent used 
to pay long-term care insurance premiums.
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 ‘‘Long-Term Care Act 
of 2004’’.
SEC. 2. EXCLUSION FROM GROSS INCOME FOR DISTRIBU-
TIONS 
FROM 
INDIVIDUAL 
RETIREMENT 
PLANS, SECTION 401(K) PLANS, AND SECTION 
403(B) CONTRACTS WHICH ARE USED TO PAY 
LONG-TERM CARE INSURANCE PREMIUMS. 
(a) IN GENERAL.—Part III of subchapter B of chap-
ter 1 of the Internal Revenue Code of 1986 (relating to 
items specifically excluded from gross income) is amended 
by inserting after section 139A the following new item: 
‘‘SEC. 139B. DISTRIBUTIONS FROM INDIVIDUAL RETIRE-
MENT PLANS, SECTION 401(K) PLANS, AND 
SECTION 
403(B) 
CONTRACTS 
WHICH 
ARE 
USED TO PAY LONG-TERM CARE INSURANCE 
PREMIUMS. 
‘‘(a) IN GENERAL.—Gross income shall not include 
any distribution to an individual from—
‘‘(1) an individual retirement plan, or 
‘‘(2) from amounts attributable to employer 
contributions made pursuant to elective deferrals de-
scribed in subparagraph (A) or (C) of section 
402(g)(3), 
to the extent that such distributions do not exceed the 
long-term care insurance premiums paid during the tax-
able year for insurance covering the individual or the indi-
vidual’s spouse.
‘‘(b) DENIAL OF DOUBLE BENEFIT.—The limitation 
in section 213(d)(10) shall be reduced by the amount 
which would (but for subsection (a)) be includible in the 
taxpayer’s gross income for the taxable year. 
‘‘(c) NO EFFECT ON QUALIFICATION.—An arrange-
ment shall not fail to be treated as a qualified cash or 
deferred arrangement (as defined in section 401(k)) or a 
contract described in section 403(b) by reason of permit-
ting distributions for the payment of long-term care insur-
ance premiums.’’
(b) CLERICAL AMENDMENT.—The table of sections 
for such part III is amended by inserting after the item 
relating to section 139A the following new item:
‘‘Sec. 139B. Distributions from individual retirement plans, sec-
tion 401(k) plans, and section 403(b) contracts 
which are used to pay long-term care insurance pre-
miums.’’
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to distributions after the date of 
the enactment of this Act.
Æ
343 
er the Indian tribe is not in compliance with the 
tribal energy resource agreement, as alleged in the 
petition. 
‘‘(ii) The Secretary may adopt procedures 
under paragraph (8) authorizing an extension of 
time, not to exceed 120 days, for making the deter-
mination under clause (i) in any case in which the 
Secretary determines that additional time is nec-
essary to evaluate the allegations of the petition. 
‘‘(iii) Subject to subparagraph (D), if the Sec-
retary determines that the Indian tribe is not in 
compliance with the tribal energy resource agree-
ment as alleged in the petition, the Secretary shall 
take such action as is necessary to ensure compli-
ance with the provisions of the tribal energy resource 
agreement, which action may include— 
‘‘(I) temporarily suspending some or all ac-
tivities under a lease, business agreement, or 
right-of-way under this section until the Indian 
tribe or such activities are in compliance with 
the provisions of the approved tribal energy re-
source agreement; or 
‘‘(II) rescinding approval of all or part of 
the tribal energy resource agreement, and if all 
of such agreement is rescinded, reassuming the
115TH CONGRESS 
1ST SESSION H. R. 2672 
AN ACT 
To designate the facility of the United States Postal Service 
located at 520 Carter Street in Fairview, Illinois, as 
the ‘‘Sgt. Douglas J. Riney Post Office’’. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
344 
responsibility for approval of any future leases, 
business agreements, or rights-of-way described 
in subsections (a) and (b). 
‘‘(D) Prior to seeking to ensure compliance with 
the provisions of the tribal energy resource agree-
ment of an Indian tribe under subparagraph (C)(iii), 
the Secretary shall— 
‘‘(i) make a written determination that de-
scribes the manner in which the tribal energy 
resource agreement has been violated; 
‘‘(ii) provide the Indian tribe with a writ-
ten notice of the violations together with the 
written determination; and 
‘‘(iii) before taking any action described in 
subparagraph (C)(iii) or seeking any other rem-
edy, provide the Indian tribe with a hearing and 
a reasonable opportunity to attain compliance 
with the tribal energy resource agreement. 
‘‘(E) An Indian tribe described in subparagraph 
(D) shall retain all rights to appeal as provided in 
regulations issued by the Secretary. 
‘‘(8) Not later than 1 year after the date of en-
actment of the Indian Tribal Energy Development 
and Self-Determination Act of 2004, the Secretary