datamatters24/research-document-archive huggingface dataset:
I 
108TH CONGRESS 
2D SESSION 
H. R. 4599
To amend title 10, United States Code, to provide eligibility for reduced 
non-regular service military retired pay before age 60, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 16, 2004
Mr. WILSON of South Carolina introduced the following bill; which was 
referred to the Committee on Armed Services 
A BILL 
To amend title 10, United States Code, to provide eligibility 
for reduced non-regular service military retired pay be-
fore age 60, and for other purposes.
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 ‘‘Guard and Reserve 
Retirement Retainer Act of 2004’’. 
SEC. 2. ELIGIBILITY FOR REDUCED NON-REGULAR SERV-
ICE RETIRED PAY BEFORE AGE 60. 
(a) ELIGIBILITY BEGINNING AT AGE 55.—Section 
12731(a)(1) of title 10, United States Code, is amended
by striking ‘‘60 years of age’’ and inserting ‘‘55 years of 
age’’. 
(b) REDUCED RETIRED PAY WHEN COMMENCED 
BEFORE AGE 60.—Section 12739 of such title is amend-
ed—
(1) in subsection (a), by inserting ‘‘, subject to 
subsection (d),’’ after ‘‘this chapter is’’; 
(2) by redesignating subsection (d) as sub-
section (e); and 
(3) by inserting after subsection (c) the fol-
lowing new subsection (d): 
‘‘(d) In the case of a person to whom payment of 
retired pay under this chapter commences after the person 
attains 55 years of age and before the person attains 60 
years of age, the total amount of the monthly retired pay 
computed under subsections (a), (b), and (c) shall be re-
duced by the percentage specified for the age of the person 
when payment of the retired pay commences, as follows:
‘‘Age (in years) when payment 
of retired pay commences: 
Percentage by which 
retired pay is to be 
reduced: 
55 ....................................................................................................... 12.5
56 .......................................................................................................
9.0
57 .......................................................................................................
6.0
58 .......................................................................................................
3.5
59 .......................................................................................................
1.5.’’.
SEC. 3. CONTINUATION OF AGE 60 AS MINIMUM AGE FOR 
ELIGIBILITY OF NON-REGULAR SERVICE RE-
TIREES FOR HEALTH CARE. 
Section 1074(b) of title 10, United States Code, is 
amended—
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(2) Paragraph (1) does not apply to a member or 
former member entitled to retired pay for non-regular 
service under chapter 1223 of this title who is under 60 
years of age.’’. 
SEC. 4. EFFECTIVE DATE AND APPLICABILITY. 
This Act and the amendments made by this Act shall 
take effect on the first day of the first month that begins 
more than 180 days after the date of the enactment of 
this Act.
Æ
SEC. 2. PROHIBITION ON FAX TRANSMISSIONS CONTAINING 
UNSOLICITED ADVERTISEMENTS. 
(a) PROHIBITION.—Subparagraph (C) of section 
227(b)(1) of the Communications Act of 1934 (47 U.S.C. 
227(b)(1)(C)) is amended to read as follows: 
‘‘(C) to use any telephone facsimile ma-
chine, computer, or other device to send, to a 
telephone facsimile machine, an unsolicited ad-
vertisement—
‘‘(i) to a person who has made a re-
quest to such sender that complies with 
the requirements under paragraph (2)(D), 
not to send future unsolicited advertise-
ments to a telephone facsimile machine; or 
‘‘(ii) to a person not described in 
clause (i), unless—
‘‘(I) the sender has an estab-
lished business relationship (which 
term, for purposes of this subclause, 
shall have the meaning given the term 
in section 64.1200 of the Commis-
sion’s regulations, as in effect on Jan-
uary 1, 2003, except that such term 
shall include a relationship between a 
person or entity and a business sub-
scriber subject to the same terms ap-
requirements of this part shall not be considered as 
a dividend. 
‘‘(2) TREATMENT FOR SECTION 243.—For pur-
poses of section 243 (relating to deductions for divi-
dends received by corporations), a dividend received 
from a real estate investment trust which meets the 
requirements of this part shall not be considered as 
a dividend.’’. 
(8) The table of sections for part III of sub-
chapter B of chapter 1 of such Code is amended by 
inserting after the item relating to section 115 the 
following new item:
‘‘Sec. 116. Exclusion of dividends received by individuals.’’.
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to taxable years beginning after 
December 31, 2002.
Æ
effect for the member when the member received the 
wound or injury until the earliest of the following dates: 
‘‘(1) The date on which the member is found to 
be physically fit to perform the duties of the mem-
ber’s office, grade, rank, or rating. 
‘‘(2) The date on which the member is dis-
charged or separated from the armed forces. 
‘‘(3) The date on which the member dies.’’. 
(f) TRAVEL AND TRANSPORTATION PER DIEM.—Sec-
tion 405 of such title is amended by adding at the end 
the following new subsection: 
‘‘(d) CONTINUATION WHEN WOUNDED OR INJURED 
IN COMBAT ZONE.—A member of the armed forces enti-
tled to a per diem under this section who is wounded or 
otherwise injured while assigned to duty in an area for 
which special pay under section 310 of this title is avail-
able and who is removed from the area for treatment of 
the wound or injury shall continue to be paid such per 
diem at the rate in effect for the member when the mem-
ber received the wound or injury until the earliest of the 
following dates: 
‘‘(1) The date on which the member is found to 
be physically fit to perform the duties of the mem-
ber’s office, grade, rank, or rating.
multiplied by the average value per acre determined under 
subsection (g). 
‘‘(f) SUBSURFACE ESTATE.—The subsurface estate 
to lands conveyed to Alexander Creek under this section 
shall be conveyed, without consideration, to the Region. 
‘‘(g) APPRAISAL.—(1)(A) The Secretary shall deter-
mine the amount to be deposited into the Alexander Creek 
account by appraising the fair market value, as of the date 
of the enactment of this section, of each section selected 
as a separate parcel and considering that ‘public interest’ 
use may be the highest and best use of such parcels. 
‘‘(B) Alexander Creek shall have the opportunity to 
present evidence of value to the Secretary. The Secretary 
shall provide Alexander Creek with a preliminary draft of 
the appraisal. Alexander Creek shall have a reasonable 
and sufficient opportunity to comment on the appraisal. 
‘‘(2) The Secretary shall forward a certified copy of 
the appraisal to Alexander Creek. 
‘‘(h) IMPLEMENTATION.—(1) Alexander Creek may 
assign without restriction any or all of the Alexander 
Creek account upon written notification to the Secretary 
of the Treasury and the Secretary of the Interior. In the 
event that such an assignment is made to the Region, on 
notice from Alexander Creek to the Secretary of the 
Treasury and the Secretary of the Interior, the amount
of such assignment shall be added to or made a part of 
the Region’s Property Account in the Treasury established 
pursuant to section 12(b) of Public Law 94–204, and may 
be used in the same manner as other funds in that ac-
count. 
‘‘(2) Upon certification by the Secretary of the Inte-
rior of the appraisal completed pursuant to subsection (g), 
Alexander Creek shall be deemed to have accepted the 
terms of this section in lieu of any other land entitlement 
it could have received pursuant to this Act. Such accept-
ance shall satisfy all claims Alexander Creek had or may 
have had against the United States on the date of the en-
actment of this section. 
‘‘(3) Any land conveyed to Alexander Creek pursuant 
to subsection (e) shall be deemed to be a conveyance pur-
suant to this Act. 
‘‘(i) TREATMENT OF AMOUNTS FROM ACCOUNT.— 
The Secretary of the Treasury and the heads of agencies 
shall administer sales pursuant to this section in the same 
manner as is provided for any other Native village author-
ized by law as of the date of the enactment of this section 
(including the use of similar accounts for bidding on and 
purchasing property sold for public sale). 
‘‘(j) LIMITATION
ON AGENTS’ AND ATTORNEYS’ 
FEES.—No more than 2.5 percent of payments received
(4) whether increasing the amount of financial 
penalties is warranted to achieve greater deterrent ef-
fect; and 
(5) whether establishing penalties and enforce-
ment actions for repeat violators or abusive violations 
similar to those established by section 4 of the CAN– 
SPAM Act of 2003 (15 U.S.C. 7703) would have a 
greater deterrent effect. 
(c) REPORT.—Not later than 270 days after the date 
of the enactment of this Act, the Comptroller General shall 
submit a report on the results of the study under this section 
to Committee on Energy and Commerce of the House of 
Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate.
Union Calendar No. 355 
108TH CONGRESS 
2D SESSION 
H. R. 4600 
[Report No. 108–593] 
A BILL 
To amend section 227 of the Communications Act 
of 1934 to clarify the prohibition on junk fax 
transmissions. 
JULY 9, 2004 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed
such a plan, program, or arrangement for a self-employed 
individual,’’ after ‘‘section 3121(v)(2)(C) of such Code,’’. 
(b) APPLICATION.—The amendment made by this 
section applies to amounts received after December 31, 
1995. 
Æ
by or on behalf of Alexander Creek under this section may 
be paid to or received by any agent or attorney for services 
rendered in connection with obtaining such payment, any 
contract to the contrary notwithstanding. Any person who 
violates this subsection shall be guilty of a misdemeanor 
and shall be subject to a fine in the amount provided in 
title 18, United States Code.’’. 
Æ
I 
108TH CONGRESS 
2D SESSION 
H. R. 4602
To authorize the subdivision and dedication of restricted land owned by 
Alaska Natives. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 16, 2004
Mr. YOUNG of Alaska introduced the following bill; which was referred to the 
Committee on Resources 
A BILL 
To authorize the subdivision and dedication of restricted 
land owned by Alaska Natives.
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 ‘‘Alaska Native Allot-
ment Subdivision Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) RESTRICTED LAND.—The term ‘‘restricted 
land’’ means land in the State that is subject to 
Federal restrictions against alienation and taxation.
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(3) STATE.—The term ‘‘State’’ means the State 
of Alaska. 
SEC. 3. SUBDIVISION AND DEDICATION OF ALASKA NATIVE 
RESTRICTED LAND. 
(a) IN GENERAL.—An Alaska Native owner of re-
stricted land may, subject to the approval of the Sec-
retary—
(1) subdivide the restricted land in accordance 
with the laws of the—
(A) State; or 
(B) applicable local platting authority; and 
(2) execute a certificate of ownership and dedi-
cation with respect to the restricted land subdivided 
under paragraph (1) with the same effect under 
State law as if the restricted land subdivided and 
dedicated were held by unrestricted fee simple title. 
(b) RATIFICATION
OF PRIOR SUBDIVISIONS
AND 
DEDICATIONS.—Any subdivision or dedication of re-
stricted land executed before the date of enactment of this 
Act that has been approved by the Secretary and by the 
relevant State or local platting authority, as appropriate, 
shall be considered to be ratified and confirmed by Con-
gress as of the date on which the Secretary approved the 
subdivision or dedication. 
SEC. 4. EFFECT ON STATUS OF LAND NOT DEDICATED. 
Except in a case in which a specific interest in re-
stricted land is dedicated under section 3(a)(2), nothing 
in this Act terminates, diminishes, or otherwise affects the 
continued existence and applicability of Federal restric-
tions against alienation and taxation on restricted land or 
interests in restricted land (including restricted land sub-
divided under section 3(a)(1)).
Æ
I 
108TH CONGRESS 
2D SESSION 
H. R. 4603 
To amend the Internal Revenue Code of 1986 to provide for the nonrecogni-
tion of gain on real property held by individuals or small businesses 
which is involuntarily converted as the result of the exercise of eminent 
domain, without regard to whether such property is replaced. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 17, 2004 
Mr. FILNER introduced the following bill; which was referred to the 
Committee on Ways and Means 
A BILL 
To amend the Internal Revenue Code of 1986 to provide 
for the nonrecognition of gain on real property held 
by individuals or small businesses which is involuntarily 
converted as the result of the exercise of eminent domain, 
without regard to whether such property is replaced. 
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 ‘‘Eminent Domain Re-
lief for the Little Guy Act’’.
proval, applications for permits to drill, or proc-
essing of environmental permits; and 
‘‘(C) permits or restrictions associated with 
transporting the resources for entry into com-
merce; and 
‘‘(3) the quantity of resources not produced or 
introduced into commerce because of the restric-
tions.’’; 
(2) in subsection (b)— 
(A) by striking ‘‘reserve’’ and inserting 
‘‘resource’’; and 
(B) by striking ‘‘publically’’ and inserting 
‘‘publicly’’; and 
(3) by striking subsection (d) and inserting the 
following: 
‘‘(d) ASSESSMENTS.—Using the inventory, the Sec-
retary of Energy shall make periodic assessments of eco-
nomically recoverable resources accounting for a range of 
parameters such as current costs, commodity prices, tech-
nology, and regulations.’’. 
(b) METHODOLOGY.—The Secretary of the Interior 
shall use the same assessment methodology across all geo-
logical provinces, areas, and regions in preparing and 
issuing national geological assessments to ensure accurate 
comparisons of geological resources.
SEC. 2. NONRECOGNITION TREATMENT FOR REAL PROP-
ERTY HELD BY INDIVIDUALS OR SMALL BUSI-
NESSES 
WHICH 
IS 
INVOLUNTARILY 
CON-
VERTED AS A RESULT OF EXERCISE OF EMI-
NENT DOMAIN. 
(a) IN GENERAL.—Section 1033 of the Internal Rev-
enue Code of 1986 (relating to involuntary conversions) 
is amended by adding at the end the following new sub-
section: 
‘‘(k) CONDEMNATION OF REAL PROPERTY HELD BY 
INDIVIDUALS AND SMALL BUSINESSES.— 
‘‘(1) IN GENERAL.—If real property held by the 
taxpayer is (as the result of its seizure, requisition, 
or condemnation, or threat or imminence thereof) 
compulsorily or involuntary converted, at the election 
of the taxpayer (in such form and manner as the 
Secretary may prescribe)— 
‘‘(A) no gain shall be recognized, and 
‘‘(B) subsections (a) and (b) shall not 
apply with respect to such conversion. 
‘‘(2) NOT
APPLICABLE
TO
CERTAIN
LARGE 
BUSINESSES.—Paragraph (1) shall not apply in the 
case of a partnership or corporation unless such 
partnership or corporation meets the gross receipts 
test of section 448(c) for the taxable year in which 
the disposition of the converted property occurs.’’.
(b) EFFECTIVE DATE.—The amendment made by 
this section shall apply to dispositions of converted prop-
erty occurring after December 31, 2003. 
Æ
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 ‘‘Southern California
Groundwater Remediation Act’’.
SEC. 2. DEFINITIONS.
For the purposes of this Act:
(1) GROUNDWATER REMEDIATION.—The term
‘‘groundwater remediation’’ means actions that are
necessary to prevent, minimize, clean up, or mitigate
damage to groundwater.
(2) LOCAL
WATER
AUTHORITY.—The term
‘‘local water authority’’ means a currently existing
(on the date of the enactment of this Act) public
water district, public water utility, public water plan-
ning agency, municipality, or Indian Tribe located
within the natural watershed of the Santa Ana River
in the State of California.
(3) REMEDIATION FUND.—The term ‘‘Remedi-
ation Fund’’ means the Southern California Ground-
water Remediation Fund established pursuant to
section 3(a).
(4) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
Transportation for the purposes of carrying out subsection 
(a) the following amounts: 
(1) For the 6 New York tunnels, to provide 
ventilation, electrical, and fire safety technology up-
grades, emergency communication and lighting sys-
tems, and emergency access and egress for pas-
sengers— 
(A) $100,000,000 for fiscal year 2005; 
(B) $100,000,000 for fiscal year 2006; 
(C) $100,000,000 for fiscal year 2007; 
(D) $100,000,000 for fiscal year 2008; 
and 
(E) $170,000,000 for fiscal year 2009. 
(2) For the Baltimore & Potomac tunnel and 
the Union tunnel, together, to provide adequate 
drainage, ventilation, communication, lighting, and 
passenger egress upgrades— 
(A) $10,000,000 for fiscal year 2005; 
(B) $10,000,000 for fiscal year 2006; 
(C) $10,000,000 for fiscal year 2007; 
(D) $10,000,000 for fiscal year 2008; and 
(E) $17,000,000 for fiscal year 2009. 
(3) For the Washington, D.C., Union Station 
tunnels, to improve ventilation, communication, 
lighting, and passenger egress upgrades—
(A) $8,000,000 for fiscal year 2005; 
(B) $8,000,000 for fiscal year 2006; 
(C) $8,000,000 for fiscal year 2007; 
(D) $8,000,000 for fiscal year 2008; and 
(E) $8,000,000 for fiscal year 2009. 
(c) AVAILABILITY
OF
APPROPRIATED
FUNDS.— 
Amounts appropriated pursuant to this section shall re-
main available until expended. 
SEC. 6. MISCELLANEOUS TECHNICAL AND CONFORMING 
PROVISIONS. 
(a) RAIL POLICE OFFICERS.—Section 28101 of title 
49, United States Code, is amended by striking ‘‘the rail 
carrier’’ each place it appears and inserting ‘‘any rail car-
rier’’. 
(b) REVIEW OF RAIL REGULATIONS.—Not later than 
1 year after the date of enactment of this Act, the Sec-
retary of Transportation, in consultation with the Under 
Secretary of Homeland Security for Border and Transpor-
tation Security, shall review existing rail regulations of the 
Department of Transportation for the purpose of identi-
fying areas in which those regulations need to be revised 
to improve railroad security. 
(c) RAILROAD SECURITY.—Section 20101 of title 49, 
United States Code, is amended by striking ‘‘safety’’ and 
inserting ‘‘safety, including security,’’.
(d) RAIL SAFETY REGULATIONS.—Section 20103(a) 
of title 49, United States Code, is amended by striking 
‘‘safety’’ the first place it appears, and inserting ‘‘safety, 
including security,’’. 
(e) CERTAIN PERSONNEL LIMITATIONS
NOT
TO 
APPLY.—Any statutory limitation on the number of em-
ployees in the Transportation Security Administration of 
the Department of Transportation, before or after its 
transfer to the Department of Homeland Security, does 
not apply to the extent that any such employees are re-
sponsible for implementing the provisions of this Act. 
SEC. 7. DEFINITION. 
For purposes of this Act, the term ‘‘railroad’’ has the 
meaning given that term in section 20102 of title 49, 
United States Code. 
Æ
IIB 
Calendar No. 756
108TH CONGRESS 
2D SESSION 
H. R. 4606
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 29, 2004
Received 
SEPTEMBER 30, 2004
Read the first time 
OCTOBER 1, 2004
Read the second time and placed on the calendar 
AN ACT 
To authorize the Secretary of the Interior, acting through 
the Bureau of Reclamation and in coordination with 
other Federal, State, and local government agencies, to 
participate in the funding and implementation of a bal-
anced, long-term groundwater remediation program in 
California, and for other purposes.
HR 4606 PCS 
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 ‘‘Southern California 
Groundwater Remediation Act’’. 
SEC. 2. DEFINITIONS. 
For the purposes of this Act: 
(1) GROUNDWATER REMEDIATION.—The term 
‘‘groundwater remediation’’ means actions that are 
necessary to prevent, minimize, clean up, or mitigate 
damage to groundwater. 
(2) LOCAL
WATER
AUTHORITY.—The term 
‘‘local water authority’’ means a currently existing 
(on the date of the enactment of this Act) public 
water district, public water utility, public water plan-
ning agency, municipality, or Indian Tribe located 
within the natural watershed of the Santa Ana River 
in the State of California. 
(3) REMEDIATION FUND.—The term ‘‘Remedi-
ation Fund’’ means the Southern California Ground-
water Remediation Fund established pursuant to 
section 3(a). 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior.
HR 4606 PCS 
SEC. 3. SOUTHERN CALIFORNIA GROUNDWATER REMEDI-
ATION. 
(a) SOUTHERN CALIFORNIA GROUNDWATER REME-
DIATION.—
(1) 
ESTABLISHMENT
OF
REMEDIATION 
FUND.—There shall be established within the Treas-
ury of the United States an interest bearing account 
to be known as the ‘‘Southern California Ground-
water Remediation Fund’’. 
(2) 
ADMINISTRATION
OF
REMEDIATION 
FUND.—The Remediation Fund shall be adminis-
tered by the Secretary, acting through the Bureau of 
Reclamation. The Secretary shall administer the Re-
mediation Fund in cooperation with the local water 
authority. 
(3) PURPOSES OF REMEDIATION FUND.—
(A) IN
GENERAL.—Subject to subpara-
graph (B), the amounts in the Remediation 
Fund, including interest accrued, shall be used 
by the Secretary to provide grants to the local 
water authority to reimburse the local water au-
thority for the Federal share of the costs associ-
ated with designing and constructing ground-
water remediation projects to be administered 
by the local water authority. 
(B) COST-SHARING LIMITATION.—
mercial organizations; and other public and private 
persons or entities, as appropriate. 
(b) BASIC AUTHORITIES.—In addition to any other 
authority provided to the Under Secretary by law or by 
delegation from the Secretary, the Under Secretary shall 
have the following authorities with respect to NOAA and 
the implementation of this Act: 
(1) Authorities that were, immediately prior to 
the enactment of this Act, vested by law, including 
under Reorganization Plan No. 4 of 1970 (5 U.S.C. 
App. 1), in NOAA, or in the Secretary with respect 
to NOAA. 
(2) Authority to promulgate rules and regula-
tions as necessary or appropriate. 
(3) Without regard to section 3324(a) and (b) 
of Title 31, authority to enter into and perform such 
contracts, leases, grants, cooperative agreements, or 
other transactions (without regard to 31 U.S.C. 
6301 et seq.), as may be necessary to carry out 
NOAA’s purposes and authorities, on terms it deems 
appropriate, with Federal agencies, instrumentalities 
and laboratories; State and local governments; Na-
tive American tribes and organizations; international 
organizations; foreign governments; educational in-
stitutions; nonprofit organizations; commercial orga-