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108hr4234ih
Effective date The amendments made by section 1 shall apply with respect to benefits for months after the date of the enactment of this Act. Notwithstanding section 215(f)(1) of the Social Security Act , the Commissioner of Social Security shall recompute primary insurance amounts to the extent necessary to carry out the amendments made by section 1.
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1. Establishment of Nebraska Avenue Naval Complex, District of Columbia, as headquarters for the Department of Homeland Security (a) Establishment of headquarters Upon the transfer under section 2 of the parcel of Department of the Navy real property in the District of Columbia known as the Nebraska Avenue Complex, the Secretary of the Department of Homeland Security is authorized to establish the Nebraska Avenue Complex as the headquarters of the Department of Homeland Security for so long as the Secretary determines that the Nebraska Avenue Complex is appropriate for such purposes, or until otherwise provided by law.
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(b) Payment of initial relocation costs Subject to the availability of appropriations for this purpose, the Secretary of the Department of Homeland Security shall be responsible for the payment of— (1) all reasonable costs, including costs to move furnishings and equipment, related to the initial relocation of Department of the Navy activities from the Nebraska Avenue Complex; and (2) all reasonable costs incident to the initial occupancy by such activities of interim leased space, including rental costs for the first year.
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(c) Authorization of appropriations For purposes of carrying out this section, there is authorized to be appropriated to the Department of Homeland Security such sums as may be necessary for fiscal years 2005 through 2007. 2.
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Transfer of jurisdiction, Nebraska Avenue Naval Complex, District of Columbia (a) Transfer required Except as provided in subsection (b), the Secretary of the Navy shall transfer to the administrative jurisdiction of the Administrator of General Services the parcel of Department of the Navy real property in the District of Columbia known as the Nebraska Avenue Complex for the purpose of permitting the Administrator to use the Complex to accommodate the Department of Homeland Security. The Complex shall be transferred in its existing condition.
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(b) Authority to retain military family housing At the option of the Secretary of the Navy, the Secretary may retain administrative jurisdiction over that portion of the Complex that, as of the date of the enactment of this Act, is being used to provide Navy family housing. (c) Time for transfer Not later than January 1, 2005, the Secretary of the Navy shall complete the transfer of administrative jurisdiction over the portion of the Complex required to be transferred under subsection (a).
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(d) Relocation of navy activities As part of the transfer of the Complex under subsection (a), the Secretary of the Navy shall relocate Department of the Navy activities at the Complex to other locations.
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(e) Payment of long-term relocation costs (1) Sense of congress regarding payment It is the sense of the Congress that the Secretary of the Navy should receive, from Federal agencies other than the Department of Defense, funds authorized and appropriated for the purpose of covering all reasonable costs, not paid under section 1(b), that are incurred or will be incurred by the Secretary to permanently relocate Department of the Navy activities from the Complex under subsection (d).
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(2) Submission of cost estimates As soon as practicable after the date of the enactment of this Act , the Secretary of the Navy shall submit to the Director of the Office of Management and Budget and the Congress an initial estimate of the amounts that will be necessary to cover the costs to permanently relocate Department of the Navy activities from the portion of the Complex to be transferred under subsection (a). The Secretary shall include in the estimate anticipated land acquisition and construction costs. The Secretary shall revise the estimate as necessary whenever information regarding the actual costs for the relocation is obtained.
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(f) Treatment of funds (1) Funds received by the Secretary of the Navy, from sources outside the Department of Defense, to relocate Department of the Navy activities from the Complex shall be used to pay the costs incurred by the Secretary to permanently relocate Department of the Navy activities from the Complex. A military construction project carried out using such funds is deemed to be an authorized military construction project for purposes of section 2802 of title 10, United States Code. Section 2822 of such title shall continue to apply to any military family housing unit proposed to be constructed or acquired using such funds.
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(2) When a decision is made to carry out a military construction project using such funds, the Secretary of the Navy shall notify Congress in writing of that decision, including the justification for the project and the current estimate of the cost of the project. The project may then be carried out only after the end of the 21-day period beginning on the date the notification is received by Congress or, if earlier, the end of the 14-day period beginning on the date on which a copy of the notification is provided in an electronic medium pursuant to section 480 of title 10, United States Code.
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(g) Effect of failure to receive sufficient funds for relocation costs (1) Congressional notification At the end of the three-year period beginning on the date of the transfer of the Complex under subsection (a), the Secretary of the Navy shall submit to Congress a report— (A) specifying the total amount needed to cover both the initial and permanent costs of relocating Department of the Navy activities from the portion of the Complex transferred under subsection (a); (B) specifying the total amount of the initial relocation costs paid by the Secretary of the Department of Homeland Security under section 1(b);
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and (C) specifying the total amount of appropriated funds received by the Secretary of the Navy, from sources outside the Department of Defense, to cover the permanent relocation costs. (2) Role of omb The Secretary of the Navy shall obtain the assistance and concurrence of the Director of the Office of Management and Budget in determining the total amount needed to cover both the initial and permanent costs of relocating Department of the Navy activities from the portion of the Complex transferred under subsection (a), as required by paragraph (1)(A).
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(3) Certification regarding relocation costs Not later than 30 days after the date on which the report under paragraph (1) is required to be submitted to Congress, the President shall certify to Congress whether the amounts specified in the report pursuant to subparagraphs (B) and (C) of such paragraph are sufficient to cover both the initial and permanent costs of relocating Department of the Navy activities from the portion of the Complex transferred under subsection (a).
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The President shall make this certification only after consultation with the Chairmen and ranking minority members of the Committee on Armed Services and the Committee on Appropriations of the House of Representatives and the Chairmen and ranking minority members of the Committee on Armed Services and the Committee on Appropriations of the Senate.
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(4) Restoration of complex to navy If the President certifies under paragraph (3) that amounts referred to in subparagraphs (B) and (C) of paragraph (1) are insufficient to cover Navy relocation costs, the Administrator of General Services, at the request of the Secretary of the Navy, shall restore the Complex to the administrative jurisdiction of the Secretary of the Navy. (5) Navy sale of complex If administrative jurisdiction over the Complex is restored to the Secretary of the Navy, the Secretary shall convey the Complex by competitive sale.
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Amounts received by the United States as consideration from any sale under this paragraph shall be deposited in the special account in the Treasury established pursuant to section 572(b) of title 40, United States Code.
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1. Provisions repealed (a) Physicians comparability allowances Section 5948(b) of title 5, United States Code, is amended— (1) in paragraph (2), by adding or at the end; (2) by striking paragraph (3); and (3) by redesignating paragraph (4) as paragraph (3).
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(b) Special pay Section 7431(f) of title 38, United States Code, is amended— (1) in paragraph (1), by adding or at the end; (2) in paragraph (2), by striking ; or and inserting a period; and (3) by striking paragraph (3).
108hr5015ih
1. Short title This Act may be cited as the Samuel de Champlain 400th Commemoration Commission Act of 2004. 2. Findings and purpose (a) Findings Congress finds that— (1) Samuel de Champlain (1567–1635) was a French explorer and navigator who mapped much of northeastern North America and established a settlement in Quebec; (2) in 1609, Champlain entered the valley where he observed the lake that today carries his name, Lake Champlain,
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which borders the States of Vermont and New York and a portion of the border between Canada and the United States; (3) the 8,234 square mile Lake Champlain Basin is an extraordinary cultural, historical, and recreational resource that had a significant role in the history and culture of pre-European America, colonial North America, and the formation and early development of the United States; (4) Lake Champlain has a recognized national significance, not only for scenic beauty, but also for the impact of the lake on the local, regional, and national economy;
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(5) Lake Champlain is supported by a watershed of more than 8,200 square miles and supports a regional economy of more than $9,000,000,000; (6) the importance of Lake Champlain spreads throughout the Northeast, because residents of New England and the Mid-Atlantic States cherish the lake and the resources of the lake for recreational, ecological, and scenic values; and (6) the States of Vermont and New York have both established Champlain 400th Commemoration Commissions.
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(b) Purpose (1) In general The purpose of this Act is to establish the Samuel de Champlain 400th Commemoration Commission to provide technical and financial assistance to the States of Vermont and New York and communities in the States to commemorate— (A) the arrival of Samuel de Champlain into the Champlain Valley; and (B) the heritage of the greater Lake Champlain Basin. (2) Inclusions The assistance described in paragraph (1) shall, at a minimum— (A) ensure a suitable national observance, in 2009,
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of the Samuel de Champlain anniversary by complementing the programs and activities of the States of Vermont and New York; (B) cooperate with and assist the programs and activities of the States in commemorating the Samuel de Champlain 2009 anniversary; (C) assist in ensuring that the commemoration provides an excellent visitor experience and beneficial interaction between visitors and the natural and cultural resources of the Champlain Valley; (D) assist in ensuring that the Samuel de Champlain 2009 observances are inclusive and appropriately recognize the experiences and heritage of all peoples present when Samuel de Champlain arrived in the Champlain Valley;
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(E) provide assistance to States, localities, and nonprofit organizations in the development of programs, activities, and facilities to recognize the cultural and historical significance of Lake Champlain; (F) facilitate international involvement in the Samuel de Champlain 2009 commemoration; (G) support and facilitate marketing efforts for a commemorative coin, stamp, and related activities for the Samuel de Champlain commemoration; (H) support and facilitate the related efforts of the Lake Champlain Basin Program and the Champlain 400th Commemoration Commissions established by the States of Vermont and New York;
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and (I) assist in the appropriate development of heritage tourism and economic benefits to the United States. 3. Definitions In this Act: (1) Commemoration The term commemoration means the commemoration of the 400th anniversary of Samuel de Champlain first arriving in the Champlain Valley in 1609. (2) Commission The term Commission means the Samuel de Champlain 400th Commemoration Commission established by section 4(a). (3) Governor The term Governor means the Governor of each State.
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(4) Lake Champlain Basin Program The term Lake Champlain Basin Program means the partnership with Federal agencies established by the States of Vermont and New York to implement the Lake Champlain management plan entitled Opportunities for Action. (5) Secretary The term Secretary means the Secretary of the Interior. (6) State (A) In general The term State means— (i) the State of Vermont; and (ii) the State of New York. (B) Inclusions The term State includes agencies and entities of each State specified in subparagraph (A). 4.
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Samuel de Champlain 400th Commemoration Commission (a) In general There is established a commission to be known as the Samuel de Champlain 400th Commemoration Commission. (b) Membership (1) In general The Commission shall be composed of 13 members, of whom— (A) 4 members shall be appointed by the Secretary from the Champlain 400th Commemoration Commission established by the State of Vermont, after consideration of the recommendations of the Governor of Vermont; (B) 4 members shall be appointed by the Secretary,
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from the Champlain 400th Commemoration Commission established by the State of New York, after consideration of the recommendations of the Governor of New York; (C) 2 members shall be employees of the National Park Service, of whom— (i) 1 member shall be the Director of the National Park Service (or a designee); and (ii) 1 member shall be an employee of the National Park Service having experience relevant to the commemoration, to be appointed by the Secretary; and (D) 3 members shall be individuals that have an interest in, support for, and expertise appropriate to,
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the commemoration, to be appointed by the Secretary. (2) Term; vacancies (A) Term A member of the Commission shall be appointed for the life of the Commission. (B) Vacancies (i) In general A vacancy on the Commission shall be filled in the same manner as the original appointment was made. (ii) Partial term A member appointed to fill a vacancy on the Commission shall serve for the remainder of the term for which the predecessor of the member was appointed.
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(3) Meetings (A) In general The Commission shall meet— (i) at least twice each year; or (ii) at the call of the Chairperson or the majority of the members of the Commission. (B) Initial meeting Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold the initial meeting of the Commission. (4) Voting (A) In general The Commission shall act only on an affirmative vote of a majority of the members of the Commission.
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(B) Quorum A majority of the members of the Commission shall constitute a quorum. (5) Chairperson and vice Chairperson (A) In general The Commission shall annually elect the Chairperson and the Vice Chairperson of the Commission from among the members of the Commission. (B) Authority The Vice Chairperson shall serve as the Chairperson in the absence of the Chairperson. (c) Duties (1) In general The Commission shall— (A) plan, develop, and execute programs and activities appropriate for the commemoration;
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(B) generally facilitate activities relating to the commemoration throughout the United States; (C) encourage civic, patriotic, historical, educational, religious, economic, and other organizations throughout the United States to organize and participate in anniversary activities to expand the understanding and appreciation of the significance of Lake Champlain; (D) consult with the Lake Champlain Basin Program and other relevant organizations to plan and develop programs and activities for the commemoration; (E) provide technical assistance to States, localities, and nonprofit organizations to carry out activities relating to the commemoration;
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(F) coordinate and facilitate public scholarly research on the history of Samuel de Champlain and the Lake Champlain basin; and (G) ensure that the commemoration provides a lasting legacy and long-term public benefit by assisting in the development of appropriate programs, projects, and facilities. (2) Plans; reports (A) Strategic plan; annual performance plans In accordance with section 306 of title 5, United States Code, and section 1115 of title 31, United States Code, the Commission shall prepare a strategic plan and annual performance plans for the activities of the Commission carried out under this Act.
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(B) Final report Not later than September 30, 2010, the Commission shall submit to the Secretary a final report that contains— (i) a summary of the activities of the Commission; (ii) a final accounting of funds received and expended by the Commission; and (iii) the findings and recommendations of the Commission. (d) Powers of the Commission The Commission may— (1) accept and dispose of donations of money, personal services, and personal property related to the settling of the Champlain Basin and the significance of Lake Champlain in the history of the United States;
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(2) appoint such advisory committees as the Commission determines to be necessary to carry out this Act; (3) authorize any member or employee of the Commission to take any action that the Commission is authorized to take by this Act; (4) procure supplies, services, and property, and make or enter into contracts, leases, or other legal agreements, to carry out this Act (except that any contracts, leases, or other legal agreements made or entered into by the Commission, either directly or with administrative assistance from the Lake Champlain Basin Program, shall not extend beyond the date of termination of the Commission);
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(5) use the United States mails in the same manner and under the same conditions as other Federal agencies; (6) subject to approval by the Commission, with assistance from the Lake Champlain Basin Program, make grants in amounts not to exceed $25,000 to communities and nonprofit organizations to develop programs and facilities to assist in the commemoration and recognition of Lake Champlain cultural and historical resources and projects; (7) make grants to research and scholarly organizations to research, publish, or distribute information relating to the early history of the Champlain Valley; and (8) provide technical assistance to States, localities,
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and nonprofit organizations to further the commemoration. (e) Commission personnel matters (1) Compensation of members of the Commission (A) In general Except as provided in subparagraph (B), a member of the Commission shall serve without compensation. (B) Federal employees A member of the Commission who is an officer or employee of the Federal Government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the Federal Government.
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(C) Travel expenses A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission.
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(2) Staff (A) In general The Chairperson of the Commission may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel, including personnel appointed from the Lake Champlain Basin Program, as are necessary to enable the Commission to perform the duties of the Commission. (B) Confirmation of executive director The employment of an executive director shall be subject to confirmation by the Commission.
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(3) Compensation (A) In general Except as provided in subparagraph (B), the Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates. (B) Maximum rate of pay The rate of pay for the executive director and other personnel shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code.
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(4) Detail of government employees (A) Federal employees (i) In general At the request of the Commission, the head of any Federal agency may detail, on a reimbursable or nonreimbursable basis, any of the personnel of the agency to the Commission to assist the Commission in carrying out the duties of the Commission under this Act. (ii) Civil service status The detail of an employee under clause (i) shall be without interruption or loss of civil service status or privilege.
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(B) State employees The Commission may— (i) accept the services of personnel detailed from States (including subdivisions of States); and (ii) reimburse States for services of detailed personnel. (C) Lake Champlain Basin Program employees The Commission may— (i) accept the services of personnel from the Lake Champlain Basin Program; and (ii) reimburse the Lake Champlain Basin Program for the services of detailed personnel.
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(5) Volunteer and uncompensated services Notwithstanding section 1342 of title 31, United States Code, the Commission may accept and use voluntary and uncompensated services as the Commission determines necessary. (6) Support services The Director of the National Park Service shall provide to the Commission, on a reimbursable basis, such administrative support services as the Commission may request.
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(f) Procurement of temporary and intermittent services The Chairperson of the Commission may procure temporary and intermittent services in accordance with section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. (g) FACA nonapplicability Section 14(b) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission.
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(h) No effect on authority Nothing in this section supersedes the authority of the States or the National Park Service concerning the commemoration. (i) Termination The Commission shall terminate on December 31, 2010.
108hr4197ih
1. Suspension of duty on othro nitro aniline (a) In general Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following: 9902.34.24 Othro nitro aniline (CAS No. 88-74-4) (provided for in subheading 2921.42.90) Free No Change No Change On or Before 12/31/2007.
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(b) Effective date The amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.
108hr4698ih
1. Grants for cluster-based economic development (a) In general Title II of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3141 et seq. ) is amended by adding at the end the following: 214. Grants for cluster-based economic development (a) Definitions In this section, the following definitions apply: (1) Cluster The term cluster means a cluster of entities that are engaged— (A) in similar industries; and (B) in joint activities to boost competitiveness and growth.
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(2) Eligible applicant The term eligible applicant means— (A) a State or local government; (B) an institution of higher education; or (C) a nonprofit economic development organization. (3) Region The term region means an area— (A) that is determined by the Secretary to qualify for grants under this section; and (B) that, on the date of submission of an application for a grant under this section, meets 1 or more of the criteria described in section 301(a).
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(b) Grants On the application of an eligible applicant, the Secretary may make grants— (1) to assess clusters in a region; (2) to assess the needs of entities involved in a region; (3) to market cluster development programs in a region; and (4) to support staff to operate cluster programs in a region. (c) Maximum assistance for each region Not more than $1,000,000 of the amounts made available to carry out this section may be expended in any 1 region.
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(d) Cost sharing (1) In general The Federal share of the cost of a project carried out using funds made available under this section shall be 50 percent. (2) In-kind contributions Not more than 50 percent of the non-Federal share of the cost of a project carried out using funds made available under this section may be provided through in-kind contributions. (3) Inapplicability of certain section Section 204 shall not apply to this section.
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(e) Authorization of appropriations There is authorized to be appropriated to carry out this section $50,000,000, to remain available until expended.. (b) Conforming amendment The table of contents contained in section 1(b) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3121 note) is amended by inserting after the item relating to section 213 the following: Sec. 214. Grants for cluster-based economic development. 214.
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Grants for cluster-based economic development (a) Definitions In this section, the following definitions apply: (1) Cluster The term cluster means a cluster of entities that are engaged— (A) in similar industries; and (B) in joint activities to boost competitiveness and growth. (2) Eligible applicant The term eligible applicant means— (A) a State or local government; (B) an institution of higher education; or (C) a nonprofit economic development organization.
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(3) Region The term region means an area— (A) that is determined by the Secretary to qualify for grants under this section; and (B) that, on the date of submission of an application for a grant under this section, meets 1 or more of the criteria described in section 301(a).
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(b) Grants On the application of an eligible applicant, the Secretary may make grants— (1) to assess clusters in a region; (2) to assess the needs of entities involved in a region; (3) to market cluster development programs in a region; and (4) to support staff to operate cluster programs in a region. (c) Maximum assistance for each region Not more than $1,000,000 of the amounts made available to carry out this section may be expended in any 1 region.
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(d) Cost sharing (1) In general The Federal share of the cost of a project carried out using funds made available under this section shall be 50 percent. (2) In-kind contributions Not more than 50 percent of the non-Federal share of the cost of a project carried out using funds made available under this section may be provided through in-kind contributions. (3) Inapplicability of certain section Section 204 shall not apply to this section.
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(e) Authorization of appropriations There is authorized to be appropriated to carry out this section $50,000,000, to remain available until expended.
108hr5220ih
1. Short title This Act may be cited as the Washington National Opera Commemorative Coin Act of 2004. 2. Findings The Congress finds as follows: (1) The Washington National Opera has served as the Nation’s opera since its creation in 1956. (2) In 2000, the Washington Opera was designated the National Opera by an Act of Congress to reflect the significant national arts leadership role of the Opera.
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(3) The Washington National Opera educates and inspires students of all ages through engaging educational programs and innovative partnerships that broaden public awareness and appreciation for opera and are accessible to people of all abilities through needs-based scholarships and accommodations. (4) The education programs of the Washington National Opera strengthen and enhance local, State, and national standards for learning. (5) The Washington National Opera has worked since its inception to encourage the development of gifted young American artists.
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(6) It is appropriate to authorize coins commemorating the 20th anniversary of the Washington National Opera Education and Community Programs with proceeds from the sale of the coins being deposited for the Washington National Opera Education and Community Program with the specific purpose of aiding in the education of students, broadening awareness and appreciation for opera, and enriching standards for learning. 3.
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COIN SPECIFICATIONS (a) $1 Coins The Secretary of the Treasury (hereafter in this Act referred to as the ‘‘Secretary’’) shall mint and issue not more than 300,000 $1 coins, each of which shall— (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal tender The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code.
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(c) Numismatic items For purposes of section 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. 4. Design of coins (a) Design requirements (1) In general The design of the coins minted under this Act shall be emblematic of the Washington National Opera.
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(2) Designation and inscriptions On each coin minted under this Act, there shall be— (A) a designation of the value of the coin; (B) an inscription of the year 2010 ; and (C) inscriptions of the words Liberty , In God We Trust , United States of America , and E Pluribus Unum.
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(b) Selection The design for the coins minted under this Act shall be— (1) selected by the Secretary after consultation with the Commission of Fine Arts and the Board of Directors of the Washington National Opera (hereafter in this Act referred to as the Board ); and (2) reviewed by the Citizens Coinage Advisory Committee established under section 5135 of title 31, United States Code. 5. Issuance of coins (a) Quality of coins Coins minted under this Act shall be issued in uncirculated and proof qualities.
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(b) Mint facility Not more than 1 facility of the United States Mint may be used to strike the coins minted under this Act. (c) Commencement of issuance The Secretary may issue coins minted under this Act beginning January 1, 2010, except that the Secretary may initiate sales of such coins, without issuance, before such date. (d) Termination of minting authority No coins shall be minted under this Act after December 31, 2010.
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(e) First use of year 2010 date The coins minted under this Act shall be the first commemorative coins of the United States to be issued bearing the inscription of the year ‘‘2010’’. (f) Promotion consultation The Secretary shall consult on a regular and frequent basis with the Board in order to establish a role for the Board in the promotion, advertising and marketing of the coins minted under this Act. 6.
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Sale of coins (a) Sale price Notwithstanding any other provision of law, the coins issued under this Act shall be sold by the Secretary at a price equal to— (1) the face value of the coins; (2) the surcharge provided in section 7 with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk sales The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount.
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(c) Prepaid orders at a discount (1) In general The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. 7. Surcharges (a) Surcharge required All sales of coins under this Act shall include a surcharge of $10 per coin.
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(b) Distribution Subject to section 5134(f) of title 31, United States Code, all surcharges which are received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Board on behalf of the Washington National Opera Education and Community Program to be used to aid in the education of students, broadening awareness and appreciation for opera, and enriching standards for learning. (c) Audits The Board and the Washington National Opera Education and Community Program shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code.
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1. Naturalization of Dylan Brian Benwell Notwithstanding the provisions of title III of the Immigration and Nationality Act ( 8 U.S.C. 1401 et seq. ), Dylan Brian Benwell, shall be held and considered to be a naturalized citizen of the United States as of the date of the enactment of this Act and shall be furnished by the Secretary of Homeland Security with a certificate of such naturalization.
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1. Extension of medicare cost-sharing for the medicare part b premium for qualifying individuals (a) In general Section 1902(a)(10)(E)(iv) of the Social Security Act ( 42 U.S.C. 1396a(a)(10)(E)(iv) ) is amended by striking 2004 and inserting 2005. (b) Total amount available for allocation Section 1933(g) of such Act ( 42 U.S.C.
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1396u–3(g) ) is amended to read as follows: (g) Special rules (1) In general With respect to each period described in paragraph (2), a State shall select qualifying individuals, subject to paragraph (3), and provide such individuals with assistance, in accordance with the provisions of this section as in effect with respect to calendar year 2003, except that for such purpose— (A) references in the preceding subsections of this section to a year, whether fiscal or calendar, shall be deemed to be references to such period;
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and (B) the total allocation amount under subsection (c) for such period shall be the amount described in paragraph (2) for that period. (2) Periods and total allocation amounts described For purposes of this subsection— (A) for the period that begins on January 1, 2004, and ends on September 30, 2004, the total allocation amount is $300,000,000; (B) for the period that begins on October 1, 2004, and ends on December 31, 2004, the total allocation amount is $100,000,000;
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and (C) for the period that begins on January 1, 2005, and ends on September 30, 2005, the total allocation amount is $300,000,000.
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(3) Rules for periods that begin after January 1 For any specific period described in subparagraph (B) of paragraph (2), the following applies: (A) The specific period shall be treated as a continuation of the immediately preceding period in that calendar year for purposes of applying subsection (b)(2) and qualifying individuals who received assistance in the last month of such immediately preceding period shall be deemed to be selected for the specific period (without the need to complete an application for assistance for such period).
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(B) The limit to be applied under subsection (b)(3) for the specific period shall be the same as the limit applied under such subsection for the immediately preceding period. (C) The ratio to be applied under subsection (c)(2) for the specific period shall be the same as the ratio applied under such subsection for the immediately preceding period..
108hr4075ih
1. Increase amount of capital losses which may offset ordinary income (a) In general Paragraph (1) of section 1211(b) of the Internal Revenue Code of 1986 (relating to limitation on capital losses for taxpayers other than corporations) is amended by striking $3,000 ($1,500 and inserting $9,000 (1/2 such amount.
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(b) Adjustment for Inflation Section 1211 of such Code (relating to limitation on capital losses) is amended by adding at the end the following new subsection: (c) Adjustment for Inflation (1) In general In the case of any taxable year beginning in a calendar year after 2004, the $9,000 amount contained in subsection (b)(1) shall be increased by an amount equal to— (A) such amount,
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multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins by substituting calendar year 2003 for calendar year 1992 in subparagraph (B) thereof. (2) Rounding If any increase determined under paragraph (1) is not a multiple of $1,000, such increase shall be rounded to the next highest multiple of $1,000.. (c) Effective Date The amendments made by this section shall apply to taxable years beginning after December 31, 2003.
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1. Union Chapel Fossil Footprint Site Preservation Act (a) Short title This section may be cited as the Union Chapel Fossil Footprint Site Preservation Act. (b) Findings Congress finds the following: (1) Fossils have scientific and educational value and it is in the national interest to preserve and protect sites of paleontological significance.
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(2) The former Union Chapel Mine site is a paleontologically significant site that has been the focus of an extensive collaborative effort over the past 2½ years by amateur collectors and professional paleontologists from the Geological Survey of Alabama, the University of Alabama, Emory University, the University of Florida, and the University of South Alabama. (3) The former Union Chapel Mine site is significant because it has yielded an unusually large quantity of rare pre-dinosaur fossil trackways dating from the early Pennsylvanian Period (approximately 310 million years ago, about 100 million years before the first dinosaurs).
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(4) Material obtained from spoil piles at the former Union Chapel Mine site includes over 1,300 vertebrate and invertebrate tracks, some new to science, as well as a wide array of fossil plants. The trackways are due mainly to primitive amphibians, horseshoe crabs, and other arthropods. These tracks now comprise the largest collection of specimens documenting the existence of these animals in north central Alabama during the Coal Age. (5) An extensive photographic database of over 1,800 digital images has been compiled using material from the former Union Chapel Mine site.
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(6) At least 4 presentations at scientific meetings have been delivered relating to findings at the site and a monograph and 2 manuscripts for publication in scientific journals are being prepared. (7) It is estimated by geologists working at the former Union Chapel Mine site that far more fossil material exists within the remaining spoil piles at the site and that undisturbed tracks and other trace fossils within the adjoining high wall may constitute an unparalleled resource for scientific exploration of this ancient ecosystem.
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(8) The former Union Chapel Mine site has now been recognized by international experts in the field as the most important Coal Age footprint site in the world. (c) Purposes The purposes of this Act are the following: (1) To grant a permanent exemption from the requirements of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1201 et seq. ), for further reclamation of the site to the owner of the former Union Chapel Mine site.
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(2) To authorize the complete restoration of funds held in escrow regarding the former Union Chapel Mine site to the New Acton Coal Mining Company, Inc. (d) Application of certain law The requirements of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1201 et seq. ), shall not apply to the owner of the former Union Chapel Mine site regarding further reclamation of that site.
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(e) Return of funds in escrow All funds held in escrow on the date of the enactment of this Act pending further reclamation of the former Union Chapel Mine site by the Director of the Surface Coal Mining Commission of the State of Alabama may be returned to the New Acton Coal Mining Company, Inc. (f) Authorization of appropriations There is authorized to be appropriated to the Secretary of the Interior $500,000 for the following: (1) To preserve and protect the paleontological resources located within the exterior boundaries of the former Union Chapel Mine site.
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(2) To provide opportunities for scientific research in a manner compatible with paragraph (1). (3) To provide the public with opportunities for educational activities in a manner compatible with paragraph (1). (g) Former Union Chapel Mine site For the purposes of this section, the term former Union Chapel Mine site means the 35 acres of land (and all related facilities and other appurtenances thereon) generally depicted on the map entitled Union Chapel Mine , ASMC permit number 3778, for permanent preservation of that property.
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1. Suspension of duty on p-nitrobenzoic acid (PNBA) (a) In general Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.34.31 p-nitrobenzoic acid (CAS No. 62-23-7) (provided for in subheading 2916.39.75) Free No change No change On or before 12/31/2008.
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(b) Effective date The amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.
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1. Voucher assistance (a) Cancellation of contract Notwithstanding any other provision of law, upon payment in full of the obligation under the mortgage for the East Crown Apartments in Akron, Ohio, that is insured by the Secretary of Housing and Urban Development under section 236 of the National Housing Act ( 12 U.S.C.
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1715z–1 ) and the availability, to the public housing agency referred to in subsection (b), of the rental assistance specified in such subsection, the Secretary of Housing and Urban Development shall terminate the following agreements relating to such property: (1) The Regulatory Agreement and the Use Agreement and Second Amendment of Regulatory Agreement for FHA Project No. 042-44059/042-10016. (2) Housing Assistance Payments Contract No. OH 12L000199.
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(b) Tenant-based rental assistance The Secretary of Housing and Urban Development shall make available to the Akron Metropolitan Housing Authority of Akron, Ohio, tenant-based rental assistance under section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ) in the amount necessary to provide incremental vouchers under such section for 108 families. Rental assistance amounts made available under this section shall be used only for families who are residing in the property described in subsection (a) upon the date of the termination of the agreements described in such subsection.
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(c) Funding Any amounts previously obligated for housing assistance for the property described in subsection (a) that become unobligated because of the termination of the contract referred to in paragraph (2) of such subsection shall be used by the Secretary of Housing and Urban Development in providing assistance under subsection (b).
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1. Suspension of duty on Acid red 336 (a) In General Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.32.09 Acid red 336 (CAS No.
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71873-39-7) (provided for in subheading 3204.12.20) Free No Change No Change On or before 12/31/2007 (b) Effective Date The amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.
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That the Congress disapproves the rule submitted by the Comptroller of the Currency relating to bank activities and regulations, published at 69 Fed. Reg. 1895 (2004), and such rule shall have no force or effect.
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1. Short Title This Act may be cited as the Safe Online Drug Act of 2004. 2. Internet sales of prescription drugs (a) In general Chapter 5 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 351 et seq. ) is amended by inserting after section 503A the following: 503B.
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Internet sales of prescription drugs (a) Uniform certification standard for internet pharmacies (1) In general (A) Prohibitions Subject to subparagraph (B), it is a violation of this section— (i) for any person to sell or offer for sale a prescription drug or a restricted device through an Internet site— (I) if the Internet site fails to meet the standards established under paragraph (2); or (II) if the Internet site fails to comply with all State and Federal regulations for operating as an Internet pharmacy; and (ii) for any person to own or operate an illegal Internet pharmacy.
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(B) Exception Any person who sells or offers to sell a prescription drug or restricted device through an Internet site, or who owns or operates an Internet pharmacy, is deemed to meet the requirements of this section for purposes of such sale, ownership, or operation if the Internet site or Internet pharmacy meets the certification standards adopted by the Secretary under paragraph (2).