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108hr5312ih | (H) Unaka mountains cluster, Tennessee areas
Certain land in the Cherokee National Forest, Unaka Ranger District, totaling approximately 15,669 acres, known as the Unaka Mountains Cluster, Tennessee Areas , comprised of 3 parcels known as Nolichucky , Unaka Mountain Extension , and Stone Mountain , approximately 8 miles from Erwin, in Unicoi County and Carter County. |
108hr5312ih | (23) Texas: Longleaf Ridge
Certain land in the Angelina National Forest, in Jasper County and Angelina County, totaling approximately 30,000 acres, generally known as Longleaf Ridge , and bounded— (A) on the west, by Upland Island Wilderness Area; (B) on the south, by the Neches River; and (C) on the northeast, by Sam Rayburn Reservoir. |
108hr5312ih | (24) Vermont
(A) Glastenbury Area
Certain land in the Green Mountain National Forest, totaling approximately 35,000 acres, located 3 miles northeast of Bennington, generally known as the Glastenbury Area , and bounded— (i) on the north, by Kelly Stand Road; (ii) on the east, by Forest Road 71; (iii) on the south, by Route 9; and (iv) on the west, by Route 7. |
108hr5312ih | (B) Lamb Brook
Certain land in the Green Mountain National Forest, totaling approximately 5,500 acres, located 3 miles southwest of Wilmington, generally known as Lamb Brook , and bounded— (i) on the west, by Route 8; (ii) on the south, by Route 100; (iii) on the north, by Route 9; and (iv) on the east, by land owned by New England Power Company. |
108hr5312ih | (C) Robert Frost Mountain Area
Certain land in the Green Mountain National Forest, totaling approximately 8,500 acres, known as Robert Frost Mountain Area , located northeast of Middlebury, consisting of the Forest Service land bounded— (i) on the west, by Route 116; (ii) on the north, by Bristol Notch Road; (iii) on the east, by Lincoln/Ripton Road; and (iv) on the south, by Route 125. |
108hr5312ih | (25) Virginia
(A) Bear Creek
Certain land in the Jefferson National Forest, Wythe Ranger District, known as Bear Creek , north of Rural Retreat, in Smyth County and Wythe County. (B) Cave Springs
Certain land in the Jefferson National Forest, Clinch Ranger District, totaling approximately 3,000 acres, known as Cave Springs , between State Route 621 and the North Fork of the Powell River, in Lee County. |
108hr5312ih | (C) Dismal Creek
Certain land totaling approximately 6,000 acres, in the Jefferson National Forest, Blacksburg Ranger District, known as Dismal Creek , north of State Route 42, in Giles County and Bland County. (D) Stone Coal Creek
Certain land in the Jefferson National Forest, New Castle Ranger District, totaling approximately 2,000 acres, known as Stone Coal Creek , in Craig County and Botentourt County. |
108hr5312ih | (E) White oak ridge: terrapin mountain
Certain land in the Glenwood Ranger District of the Jefferson National Forest, known as White Oak Ridge—Terrapin Mountain , totaling approximately 8,000 acres, east of the Blue Ridge Parkway, in Botentourt County and Rockbridge County. (F) Whitetop Mountain
Certain land in the Jefferson National Forest, Mt. Rodgers Recreation Area, totaling 3,500 acres, known as Whitetop Mountain , in Washington County, Smyth County, and Grayson County. |
108hr5312ih | (G) Wilson Mountain
Certain land known as Wilson Mountain , in the Jefferson National Forest, Glenwood Ranger District, totaling approximately 5,100 acres, east of Interstate 81, in Botentourt County and Rockbridge County. (H) Feathercamp
Certain land in the Mt. Rodgers Recreation Area of the Jefferson National Forest, totaling 4,974 acres, known as Feathercamp , located northeast of the town of Damascus and north of State Route 58 on the Feathercamp ridge, in Washington County. |
108hr5312ih | (26) Wisconsin
(A) Flynn Lake
Certain land in the Chequamegon-Nicolet National Forest, Washburn Ranger District, totaling approximately 5,700 acres, known as Flynn Lake , in the Flynn Lake semi-primitive nonmotorized area, in Bayfield County. |
108hr5312ih | (B) Ghost Lake Cluster
Certain land in the Chequamegon-Nicolet National Forest, Great Divide Ranger District, totaling approximately 6,000 acres, known as Ghost Lake Cluster , including 5 parcels known as Ghost Lake , Perch Lake , Lower Teal River , Foo Lake , and Bulldog Springs , in Sawyer County. |
108hr5312ih | (C) Lake Owens Cluster
Certain land in the Chequamegon-Nicolet National Forest, Great Divide and Washburn Ranger Districts, totaling approximately 3,600 acres, known as Lake Owens Cluster , comprised of parcels known as Lake Owens , Eighteenmile Creek , Northeast Lake , and Sugarbush Lake , in Bayfield County. |
108hr5312ih | (D) Medford Cluster
Certain land in the Chequamegon-Nicolet National Forest, Medford-Park Falls Ranger District, totaling approximately 23,000 acres, known as the Medford Cluster , comprised of 12 parcels known as County E Hardwoods , Silver Creek/Mondeaux River Bottoms , Lost Lake Esker , North and South Fork Yellow Rivers , Bear Creek , Brush Creek , Chequamegon Waters , John’s and Joseph Creeks , Hay Creek Pine-Flatwoods , 558 Hardwoods , Richter Lake , and Lower Yellow River , in Taylor County. |
108hr5312ih | (E) Park Falls Cluster
Certain land in the Chequamegon-Nicolet National Forest, Medford-Park Falls Ranger District, totaling approximately 23,000 acres, known as Park Falls Cluster , comprised of 11 parcels known as Sixteen Lakes , Chippewa Trail , Tucker and Amik Lakes , Lower Rice Creek , Doering Tract , Foulds Creek , Bootjack Conifers , Pond , Mud and Riley Lake Peatlands , Little Willow Drumlin , and Elk River , in Price County and Vilas County. |
108hr5312ih | (F) Penokee Mountain Cluster
Certain land in the Chequamegon-Nicolet National Forest, Great Divide Ranger District, totaling approximately 23,000 acres, known as Penokee Mountain Cluster , comprised of— (i) the Marengo River and Brunsweiler River semi-primitive nonmotorized areas; and (ii) parcels known as St. Peters Dome , Brunsweiler River Gorge , Lake Three , Hell Hole Creek , and North Country Trail Hardwoods , in Ashland County and Bayfield County. |
108hr5312ih | (G) Southeast Great Divide Cluster
Certain land in the Chequamegon-Nicolet National Forest, Medford Park Falls Ranger District, totaling approximately 25,000 acres, known as the Southeast Great Divide Cluster , comprised of parcels known as Snoose Lake , Cub Lake , Springbrook Hardwoods , Upper Moose River , East Fork Chippewa River , Upper Torch River , Venison Creek , Upper Brunet River , Bear Lake Slough , and Noname Lake , in Ashland County and Sawyer County. |
108hr5312ih | (H) Diamond Roof Cluster
Certain land in the Chequamegon-Nicolet National Forest, Lakewood-Laona Ranger District, totaling approximately 6,000 acres, known as Diamond Roof Cluster , comprised of 4 parcels known as McCaslin Creek , Ada Lake , Section 10 Lake , and Diamond Roof , in Forest County, Langlade County, and Oconto County. |
108hr5312ih | (I) Argonne Forest Cluster
Certain land in the Chequamegon-Nicolet National Forest, Eagle River-Florence Ranger District, totaling approximately 12,000 acres, known as Argonne Forest Cluster , comprised of parcels known as Argonne Experimental Forest , Scott Creek , Atkins Lake , and Island Swamp , in Forest County. |
108hr5312ih | (J) Bonita Grade
Certain land in the Chequamegon-Nicolet National Forest, Lakewood-Laona Ranger District, totaling approximately 1,200 acres, known as Bonita Grade , comprised of parcels known as Mountain Lakes , Temple Lake , Second South Branch , First South Branch , and South Branch Oconto River , in Langlade County. |
108hr5312ih | (K) Franklin and Butternut Lakes Cluster
Certain land in the Chequamegon-Nicolet National Forest, Eagle River-Florence Ranger District, totaling approximately 12,000 acres, known as Franklin and Butternut Lakes Cluster , comprised of 8 parcels known as Bose Lake Hemlocks , Luna White Deer , Echo Lake , Franklin and Butternut Lakes , Wolf Lake , Upper Ninemile , Meadow , and Bailey Creeks , in Forest County and Oneida County. |
108hr5312ih | (L) Lauterman Lake and Kieper Creek
Certain land in the Chequamegon-Nicolet National Forest, Eagle River-Florence Ranger District, totaling approximately 2,500 acres, known as Lauterman Lake and Kieper Creek , in Florence County. (27) Wyoming: Sand Creek Area
(A) In general
Certain land in the Black Hills National Forest, totaling approximately 8,300 acres known as the Sand Creek area , located in Crook County, in the far northwest corner of the Black Hills. |
108hr5312ih | (B) Boundary
Beginning in the northwest corner and proceeding counterclockwise, the boundary for the Sand Creek Area roughly follows— (i) forest Roads 863, 866, 866.1B; (ii) a line linking forest roads 866.1B and 802.1B; (iii) forest road 802.1B; (iv) forest road 802.1; (v) an unnamed road; (vi) Spotted Tail Creek (excluding all private land); (vii) forest road 829.1; (viii) a line connecting forest roads 829. |
108hr5312ih | 1 and 864; (ix) forest road 852.1; and (x) a line connecting forest roads 852.1 and 863. |
108hr5312ih | (d) Committee of scientists
(1) Establishment
The Secretaries concerned shall appoint a committee consisting of scientists who— (A) are not officers or employees of the Federal Government; (B) are not officers or employees of any entity engaged in whole or in part in the production of wood or wood products; and (C) have not contracted with or represented any entity described in subparagraph (A) or (B) in a period beginning 5 years before the date on which the scientist is appointed to the committee. |
108hr5312ih | (2) Recommendations for additional special areas
Not later than 2 years of the date of the enactment of this Act, the committee shall provide Congress with recommendations for additional special areas. (3) Candidate areas
Candidate areas for recommendation as additional special areas shall have outstanding biological values that are exemplary on a local, regional, and national level, including the presence of— (A) threatened or endangered species of plants or animals; (B) rare or endangered ecosystems; (C) key habitats necessary for the recovery of endangered or threatened species; (D) recovery or restoration areas of rare or underrepresented forest ecosystems; |
108hr5312ih | (E) migration corridors; (F) areas of outstanding biodiversity; (G) old growth forests; (H) commercial fisheries; and (I) sources of clean water such as key watersheds. (4) Governing principle
The committee shall adhere to the principles of conservation biology in identifying special areas based on biological values. 204. |
108hr5312ih | Restrictions on management activities in Ancient forests, roadless areas, watershed protection areas, and special areas
(a) Restriction of management activities in Ancient forests
On Federal land located in Ancient forests— (1) no roads shall be constructed or reconstructed; (2) no extractive logging shall be permitted; and (3) no improvements for the purpose of extractive logging shall be permitted. |
108hr5312ih | (b) Restriction of management activities in roadless areas
On Federal land located in roadless areas (except military installations)— (1) no roads shall be constructed or reconstructed; (2) no extractive logging shall be permitted except of non-native invasive tree species, in which case the limitations on logging in title I shall apply; and (3) no improvements for the purpose of extractive logging shall be permitted. |
108hr5312ih | (c) Restriction of management activities in watershed protection areas
On Federal land located in watershed protection areas— (1) no roads shall be constructed or reconstructed; (2) no extractive logging shall be permitted except of non-native invasive tree species, in which case the limitations on logging in title I shall apply; and (3) no improvements for the purpose of extractive logging shall be permitted. |
108hr5312ih | (d) Restriction of management activities in special areas
On Federal land located in special areas— (1) no roads shall be constructed or reconstructed; (2) no extractive logging shall be permitted except of non-native invasive tree species, in which case the limitations on logging in title I shall apply; and (3) no improvements for the purpose of extractive logging shall be permitted. (e) Maintenance of existing Roads
(1) In general
Except as provided in paragraph (2), the restrictions described in subsection (a) shall not prohibit the maintenance of an improved road, or any road accessing private inholdings. |
108hr5312ih | (2) Abandoned Roads
Any road that the Secretary determines to have been abandoned before the date of enactment of this Act shall not be maintained or reconstructed. (f) Enforcement
(1) Finding
Congress finds that all people of the United States are injured by actions on land to which this section applies. (2) Purpose
The purpose of this subsection is to foster the widest possible enforcement of this section. (3) Federal enforcement
The Secretary and the Attorney General of the United States shall enforce this section against any person that violates this section. |
108hr5312ih | (4) Citizen suits
(A) In general
A citizen harmed by a violation of this section may enforce this section by bringing a civil action for a declaratory judgment, a temporary restraining order, an injunction, statutory damages, or other remedy against any alleged violator, including the United States, in any district court of the United States. |
108hr5312ih | (B) Judicial relief
If a district court of the United States determines that a violation of this section has occurred, the district court— (i) shall impose a damage award of not less than $5,000; (ii) may issue 1 or more injunctions or other forms of equitable relief; and (iii) shall award to each prevailing party the reasonable costs of bringing the action, including attorney’s fees, witness fees, and other necessary expenses. (C) Standard of proof
The standard of proof in all actions under this paragraph shall be the preponderance of the evidence. |
108hr5312ih | (D) Trial
A trial for any action under this section shall be de novo. (E) Payment of damages
(i) Non-federal violator
A damage award under subparagraph (B)(i) shall be paid by a non-Federal violator or violators designated by the court to the Treasury. |
108hr5312ih | (ii) Federal violator
(I) In general
Not later than 40 days after the date on which judgment is rendered, a damage award under subparagraph (B)(i) for which the United States is determined to be liable shall be paid from the Treasury, as provided under section 1304 of title 31, United States Code, to the person or persons designated to receive the damage award. (II) Use of damage award
A damage award described under subclause (I) shall be used by the recipient to protect or restore native biodiversity on Federal land or on land adjoining Federal land. |
108hr5312ih | (III) Court costs
Any award of costs of litigation and any award of attorney fees shall be paid by a Federal violator not later than 40 days after the date on which judgment is rendered. (5) Waiver of sovereign immunity
(A) In general
The United States (including agents and employees of the United States) waives its sovereign immunity in all respects in all actions under this section. (B) Notice
No notice is required to enforce this subsection. 301. Effective date
This Act and the amendments made by this Act take effect on the date of enactment of this Act. |
108hr5312ih | 302. Effect on existing contracts
This Act and the amendments made by this Act shall not apply to any contract for the sale of timber that was entered into on or before the date of enactment of this Act. 303. Wilderness Act exclusion
This Act and the amendments made by this Act shall not apply to any Federal wilderness area designated under the Wilderness Act ( 16 U.S.C. 1131 et seq. ). |
108hr4894ih | 1. Short title
This Act may be cited as the Disability Benefit Fairness Act of 2004. 2. Elimination of 5-month waiting period for benefits based on disability
(a) Disability insurance benefits
(1) In general
The first sentence of section 223(a)(1) of the Social Security Act ( 42 U.S.C. |
108hr4894ih | 423(a)(1) ) is amended by striking (i) for each month and all that follows through the first month in which he is under such disability and inserting the following: for each month beginning with the first month during all of which such individual is under a disability and in which such individual becomes so entitled to such insurance benefits. (2) Waiting period eliminated from determination of benefit amount
(A) In general
The first sentence of section 223(a)(2) of such Act ( 42 U.S.C. |
108hr4894ih | 423(a)(2) ) is amended by striking in— and all that follows through and as though and inserting the following: in the first month for which such individual becomes entitled to such disability insurance benefits, and as though. (B) Conforming amendment
The second sentence of section 223(a)(2) of such Act ( 42 U.S.C. 423(a)(2) ) is amended by striking subparagraph (A) or (B) of such sentence, as the case may be and inserting such sentence. |
108hr4894ih | (3) Elimination of defined term
(A) In general
Section 223(c)(2) of such Act is repealed. (B) Conforming amendments
(i) The heading of section 223(c) of such Act ( 42 U.S.C. 423(c) ) is amended to read as follows: Definition of Insured Status. (ii) Section 223(c)(1) of such Act ( 42 U.S.C. |
108hr4894ih | 423(c)(1) ) is amended by striking For purposes of subparagraph (B) of this paragraph, when the number of quarters in the last sentence and inserting the following: (2) In applying paragraph (1)(B), when the number of quarters. (b) Widow’s insurance benefits based on disability
(1) In general
Section 202(e)(1)(F) of such Act ( 42 U.S.C. |
108hr4894ih | 402(e)(1)(F) ) is amended to read as follows: (F) if she satisfies subparagraph (B) by reason of clause (ii) thereof, the first month during all of which she is under a disability and in which she becomes so entitled to such insurance benefits,. (2) Elimination of defined term
Section 202(e) of such Act ( 42 U.S.C. |
108hr4894ih | 402(e) ) is amended— (A) by striking paragraph (5); and (B) by redesignating paragraphs (6), (7), (8), and (9) as paragraphs (5), (6), (7), and (8), respectively. (c) Widower’s insurance benefits based on disability
(1) In general
Section 202(f)(1)(F) of such Act ( 42 U.S.C. |
108hr4894ih | 402(f)(1)(F) ) is amended to read as follows: (F) if he satisfies subparagraph (B) by reason of clause (ii) thereof, the first month during all of which he is under a disability and in which he becomes so entitled to such insurance benefits,. (2) Elimination of defined term
Section 202(f) of such Act ( 42 U.S.C. |
108hr4894ih | 402(f) ) is amended— (A) by striking paragraph (6); and (B) by redesignating paragraphs (7), (8), and (9) as paragraphs (6), (7), and (8), respectively. (d) Elimination of waiting period for commencement of periods of disability
Section 216(i)(2)(A) of such Act ( 42 U.S.C. 416(i)(2)(A) ) is amended by striking , but only and all that follows and inserting a period. |
108hr4894ih | (e) Effective dates
The amendments made by subsection (a) shall apply only with respect to benefits under section 223 of the Social Security Act, or under section 202 of such Act on the basis of the wages and self-employment income of an individual entitled to benefits under such section 223, for months after the third month following the month in which this Act is enacted. The amendments made by subsections (b) and (c) shall apply only with respect to benefits based on disability under subsection (e) or (f) of section 202 of the Social Security Act ( 42 U.S.C. |
108hr4894ih | 402 ) for months after the third month following the month in which this Act is enacted. The amendment made by subsection (d) shall apply only with respect to applications for disability determinations filed under title II of the Social Security Act on or after the 90th day following the date of the enactment of this Act. 3. Elimination of reconsideration in the review process governing decisions on benefit entitlement
(a) In general
Section 205(b)(1) of the Social Security Act ( 42 U.S.C. |
108hr4894ih | 405(b)(1) ) is amended by adding at the end the following new sentence: Opportunity for a hearing under this title in accordance with this subsection with respect to any initial decision or determination under this title shall be available without any requirement for intervening reconsideration.. (b) Conforming amendments
Section 205(b) of such Act is amended— (1) by striking paragraph (2); and (2) by redesignating paragraph (3) as paragraph (2). |
108hr4894ih | (c) Effective date
The amendments made by this section shall apply with respect to initial decisions and determinations (subject to opportunity for a hearing to the extent provided under section 205(b) of the Social Security Act) issued after 1 year after the date of the enactment of this Act. |
108hr5088ih | 1. Benzenesulfonic acid, [[chloracety1)amino]methy1] [4-[[4-(cyclohexylamino)-9,10-dihydro-9,10-dihydro-9,10-dioxo-1 anthraceny 1]amino]phenoxy]meth y1-, monosodium salt
(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. |
108hr5088ih | 18 Benzenesulfonic acid, [[chloracety1)amino]methy1] [4-[[4-(cyclohexylamino)-9,10-dihydro-9,10-dihydro-9,10-dioxo-1 anthraceny 1]amino]phenoxy]meth y1-, monosodium salt (CAS No. 72391-24-3) (provided for in subheading 3204.12.20) Free No change No change On or before 12/31/2007. |
108hr5088ih | (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. |
108hr5333ih | 1. Replacement of Coastal Barrier Resources System map relating to Grayton Beach Unit FL-95P in Walton County, Florida
(a) In general
The map described in subsection (b) relating to the Coastal Barrier Resources System unit Grayton Beach Unit FL-95P, located in Walton County, Florida, as included in the set of maps entitled Coastal Barrier Resources System referred to in section 4(a) of the Coastal Barrier Resources Act ( 16 U.S.C. 3503(a) ), is hereby replaced by another map relating to that unit entitled ___ and dated ____. |
108hr5333ih | (b) Replaced map described
The map replaced under subsection (a) is subtitled COASTAL BARRIER RESOURCES SYSTEM GRAYTON BEACH UNIT FL-95P DRAPER LAKE UNIT FL-96 and dated October 24, 1990. (c) Availability
The Secretary of the Interior shall keep the maps referred to in subsections (a) on file and available for inspection in accordance with the provisions of section 4(b) of the Coastal Barrier Resources Act ( 16 U.S.C. 3503(b) ). |
108hr4969ih | 1. Requirements applicable to public release of annual poverty estimate and National Assessment of Educational Progress
(a) In general
The annual poverty estimate and the National Assessment of Educational Progress shall be treated as if they were principal economic indicators and subject to the provisions of the Statistical Policy Directive on Compilation, Release, and Evaluation of Principal Federal Economic Indicators of the Office of Management and Budget (50 Fed. Reg. 38932; September 25, 1985). |
108hr4969ih | (b) Definitions
In this section: (1) The term annual poverty estimate means the Annual Demographic Supplement to the March Current Population Survey, or any successor document that is the basis for the official national estimate of the levels of poverty, of the Bureau of the Census. (2) The term National Assessment of Educational Progress means the National Assessment of Educational Progress established pursuant to section 303 of the National Assessment of Educational Progress Authorization Act (title II of the Act of November 5, 2002; Public Law 107–279 ). |
108hr4188ih | 1. Increase in amount of basic educational assistance
(a) In general
Section 16131(b) of title 10, United States Code, is amended to read as follows: (b) Except as provided in subsections (d) through (f), each educational assistance program established under subsection (a) shall provide for payment by the Secretary concerned, through the Secretary of Veterans Affairs, to each person entitled to educational assistance under this chapter who is pursuing a program of education of an educational assistance allowance at the following monthly rates: (1) For such a program of education pursued on a full-time basis, |
108hr4188ih | at the monthly rate equal to the applicable percentage (as defined in paragraph (3)) of the rate that applies for the month under section 3015(a)(1) of title 38. (2)(A) Subject to subparagraph (B), for such a program of education pursued on a less than a full-time basis, at an appropriately reduced rate, as determined under regulations which the Secretaries concerned shall prescribe. (B) No payment may be made to a person for less than half-time pursuit of such a program of education if tuition assistance is otherwise available to the person for such pursuit from the military department concerned. |
108hr4188ih | (3) In this subsection, the term applicable percentage means, with respect to months occurring during— (A) fiscal year 2005, 33 percent; (B) fiscal year 2006, 37 percent; (C) fiscal year 2007, 41 percent; (D) fiscal year 2008, 45 percent; and (E) fiscal year 2009, and each subsequent fiscal year, 50 percent. (b) Effective date
The amendments made by subsection (a) shall take effect on October 1, 2004, |
108hr4188ih | and shall apply with respect to educational assistance allowances under section 16131(b) of such title paid for months after September 2004. 2. Expansion of eligibility requirements for members of the Selected Reserve having served on active duty for a period of 24 non-consecutive months under chapter 30 of title 38, United States Code
(a) Credit for 24 months of active duty service over a period of 5 years
Sub section 3012(a) of title 38, United States Code, is amended in paragraphs (1)(A)(i), (1)(B)(i), |
108hr4188ih | and (1)(C)(iii)(I) by striking two years of continuous active duty each place it appears and inserting a cumulative period of 24 months during any 5-year period. (b) Conforming Amendment
Subsection (b) of section 3012 of such title is amended in paragraph (1) by striking during such two years and inserting at any time during such 5-year period. (c) Effective date
The amendments made by this section shall apply on or after October 1, 2005. |
108hr4007ih | 1. Disposition of unused health benefits in cafeteria plans and flexible spending arrangements
(a) In general
Section 125 of the Internal Revenue Code of 1986 (relating to cafeteria plans) is amended by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following new subsection: (h) Contributions of certain unused health benefits
(1) In general
For purposes of this title, |
108hr4007ih | a plan or other arrangement shall not fail to be treated as a cafeteria plan solely because qualified benefits under such plan include a health flexible spending arrangement under which not more than $500 of unused health benefits may be— (A) carried forward to the succeeding plan year of such health flexible spending arrangement, (B) to the extent permitted by sections 223, contributed on behalf of the employee to a health savings account (as defined in section 223(d)), maintained for the benefit of such employee, or (C) contributed to a qualified retirement plan (as defined in section 4974(c)), |
108hr4007ih | or an eligible deferred compensation plan (as defined in section 457(b)) of an eligible employer described in section 457(e)(1)(A). (2) Special rules for treatment of contributions to health and retirement plans
For purposes of this title, contributions under subparagraph (B) or (C) of paragraph (1)— (A) shall be treated as a contribution made by the employee (and includible in the gross income of such employee) in the case of a contribution to a health savings account, |
108hr4007ih | (B) shall be treated as elective deferrals (as defined in section 402(g)(3)) in the case of contributions to a qualified cash or deferred arrangement (as defined in section 401(k)) or to an annuity contract described in section 403(b), (C) shall be treated as employer contributions to which the employee has a nonforfeitable right in the case of a plan (other than a plan described in subparagraph (A)) which is described in section 401(a) which includes a trust exempt from tax under section 501(a), |
108hr4007ih | (D) shall be treated as deferred compensation in the case of contributions to an eligible deferred compensation plan (as defined in section 457(b)), and (E) shall be treated in the manner designated for purposes of section 408 or 408A in the case of contributions to an individual retirement plan. |
108hr4007ih | (3) Health flexible spending arrangement
For purposes of this subsection, the term health flexible spending arrangement means a flexible spending arrangement (as defined in section 106(c)) that is a qualified benefit and only permits reimbursement for expenses for medical care (as defined in section 213(d)(1) (without regard to subparagraphs (C) and (D) thereof). |
108hr4007ih | (4) Unused health benefits
For purposes of this subsection, with respect to an employee, the term unused health benefits means the excess of— (A) the maximum amount of reimbursement allowable to the employee during a plan year under a health flexible spending arrangement, taking into account any election by the employee, over (B) the actual amount of reimbursement during such year under such arrangement.. (b) Effective date
The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2003. |
108hr4444ih | 1. Short Title
This Act may be cited as the Worker Reemployment Accounts Act of 2004. 2. Grants to Support Personal Reemployment Accounts
Section 171 of the Workforce Investment Act of 1998 is amended by adding at the end the following: (e) Personal Reemployment Accounts
(1) Definition
In this subsection, the term State means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and the United States Virgin Islands. |
108hr4444ih | (2) Demonstration project
In addition to the demonstration projects under subsection (b), the Secretary may establish and implement a national demonstration project designed to analyze and provide data on workforce training programs that accelerate the reemployment of unemployed individuals, promote the retention in employment of such individuals, and provide such individuals with enhanced flexibility, choice, and control in obtaining intensive reemployment, training, and supportive services. (3) Grants
(A) In general
In carrying out the demonstration project, the Secretary shall make grants, on a competitive basis, to eligible entities to provide personal reemployment accounts to eligible individuals. |
108hr4444ih | In awarding grants under this subsection the Secretary shall take into consideration awarding grants to eligible entities from diverse geographic areas, including rural areas. (B) Duration
The Secretary shall make the grants for periods of not less than 2 years and may renew the grant for each of the succeeding 3 years. (4) Eligible entity
In this subsection, the term eligible entity means— (A) a State; or (B) a local board or consortium of local boards. |
108hr4444ih | (5) Use of Funds
(A) In general
An eligible entity that receives a grant under this subsection shall use the grant funds to provide, through a local area or areas, eligible individuals with personal reemployment accounts. An eligible individual may receive only 1 personal reemployment account. (B) Geographic area and amount
(i) In general
The eligible entity shall establish the amount of a personal reemployment account for each eligible individual participating, which shall be uniform throughout the area represented by the eligible entity, and shall not exceed $3,000. |
108hr4444ih | (ii) Option for States
If the eligible entity is a State, the eligible entity may choose to use the grant statewide, if practicable, or only in specified local areas within a State. (C) Eligible Individuals
(i) In general
Each eligible entity shall establish eligibility criteria for individuals for personal reemployment accounts in accordance with this subparagraph. |
108hr4444ih | (ii) Eligibility criteria requirements
(I) In general
Subject to subclause (II), an individual shall be eligible to receive a personal reemployment account under a grant awarded under this subsection if, beginning after the date of enactment of this subsection, the individual— (aa) is identified by the State pursuant to section 303(j)(1) of the Social Security Act ( 42 U.S.C. |
108hr4444ih | 503(j)(1) ) as likely to exhaust regular unemployment compensation and in need of job search assistance to make a successful transition to new employment, or the individual’s unemployment can be attributed in substantial part to unfair competition from Federal Prison Industries, Incorporated; (bb) is receiving regular unemployment compensation under any Federal or State unemployment compensation program administered by the State; and (cc) is eligible for not less than 20 weeks of regular unemployment compensation described in item (bb). |
108hr4444ih | (II) Additional eligibility and priority criteria
An eligible entity may establish criteria that are in addition to the criteria described in subclause (I) for the eligibility of individuals to receive a personal reemployment account under this subsection. An eligible entity may also establish criteria for priority in the provision of a personal reemployment account to such eligible individuals under a grant awarded under this subsection. |
108hr4444ih | (iii) Transition rule
(I) Previously identified as likely to exhaust unemployment compensation
(aa) In general
At the option of the eligible entity, and subject to item (bb), an individual may be eligible to receive a personal reemployment account under this subsection if the individual— (AA) during the 13-week period ending the week prior to the date of the enactment of the subsection, was identified by the State pursuant to section 303(j)(1) of the Social Security Act ( 42 U.S.C. |
108hr4444ih | 503(j)(1) ) as likely to exhaust regular unemployment compensation and in need of job search assistance to make a successful transition to new employment; and (BB) otherwise meets the requirements of clause (ii)(I)(bb) and (cc). (bb) Additional eligibility and priority criteria
An eligible entity may establish criteria that is in addition to the criteria described in item (aa) for the eligibility of individuals to receive a personal reemployment account under this subsection. An eligible entity may also establish criteria for priority in the provision of such accounts to such eligible individuals under this subsection. |
108hr4444ih | (II) Previously exhausted unemployment compensation
At the option of the eligible entity, an individual may be eligible to receive a personal reemployment account under a grant awarded under this subsection if the individual— (aa) during the 26-week period ending the week prior to the date of the enactment of this subsection, exhausted all rights to any unemployment compensation; and (bb) (AA) is enrolled in training and needs additional support to complete such training, with a priority of service to be provided to such individuals who are training for shortage occupations or high-growth industries; |
108hr4444ih | or (BB) is separated from employment in an industry or occupation that has experienced declining employment, or no longer provides any employment, in the local labor market during the 2-year period ending on the date of the determination of eligibility of the individual under this subparagraph. (iv) No individual entitlement
Nothing in this subsection shall be construed to entitle any individual to receive a personal reemployment account. (D) Limitations
(i) Information and attestation
Prior to the establishment of a personal reemployment account for an eligible individual, the eligible entity receiving a grant, |
108hr4444ih | through the one-stop delivery system in the participating local area or areas, shall ensure that the individual— (I) is informed of the requirements applicable to the personal reemployment account, including the allowable uses of funds from the account, the limitations on access to services described in paragraph (7)(A)(iii) and a description of such services, and the conditions for receiving a reemployment bonus; (II) has the option to develop a personal reemployment plan which will identify the employment goals and appropriate combination of services selected by the individual to achieve the employment goals; |
108hr4444ih | and (III) signs an attestation that the individual has been given the option to develop a personal reemployment plan in accordance with subclause (II), will comply with the requirements under this subsection relating to the personal reemployment accounts, and will reimburse the account or, if the account has been terminated, the grant awarded under this subsection, for any amounts expended from the account that are not allowable. |
108hr4444ih | (ii) Periodic interviews
If a recipient exhausts his or her rights to any unemployment compensation, and the recipient has a remaining balance in his or her personal reemployment account, the one-stop delivery system shall conduct periodic interviews with the recipient to assist the recipient in meeting his or her individual employment goals. (iii) Use of personal reemployment accounts
The eligible entity receiving a grant shall ensure that eligible individuals receiving a personal reemployment account use the account in accordance with paragraph (7). (6) Application for grants
To be eligible to receive a grant under this subsection, |
108hr4444ih | an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including— (A) if the eligible entity is a State— (i) assurance that the application was developed in conjunction with the local board or boards and chief elected officials where the personal reemployment accounts shall be made available; and (ii) a description of the methods and procedures for providing funds to local areas where the personal reemployment accounts shall be made available; and (B) a description of the criteria and methods to be used for determining eligibility for the personal reemployment account, |
108hr4444ih | including whether the eligible entity intends to include the optional categories described in paragraph (5)(C)(iii), and the additional criteria and priority for service that the eligible entity intends to apply, if any, pursuant to paragraph (5)(C)(ii)(II); (C) a description of the methods or procedures to be used to provide eligible individuals information relating to services and providers; (D) a description of safeguards to ensure that funds from the personal reemployment accounts are used for purposes authorized under this subsection and to ensure the quality and integrity of services and providers, consistent with the purpose of providing eligible individuals with enhanced flexibility, choice, |
108hr4444ih | and control in obtaining intensive reemployment, training, and supportive services; (E) a description of how the eligible entity will coordinate the activities carried out under this subsection with the employment and training activities carried out under section 134 and other activities carried out by local boards through the one-stop delivery system in the State or local area; and (F) an assurance that the eligible entity will comply with any evaluation and reporting requirements the Secretary may require. |
108hr4444ih | (7) Use of Personal Reemployment Accounts
(A) Allowable activities
(i) In general
Subject to the requirements contained in clauses (ii) and (iii), a recipient of a personal reemployment account may use amounts in a personal reemployment account to purchase 1 or more of the following: (I) Intensive services, including those type of services specified in section 134(d)(3)(C). (II) Training services, including those types of services specified in section 134(d)(4)(D). (III) Supportive services, except for needs related payments. |
108hr4444ih | (ii) Delivery of services
The following requirements relating to delivery of services shall apply to the grants under this subsection: (I) Recipients may use funds from the personal reemployment account to purchase the services described in clause (i) through the one-stop delivery system on a fee-for-service basis, or through other providers, consistent with the safeguards described in paragraph (6)(D). |
108hr4444ih | (II) The eligible entity, through the one-stop delivery system in the participating local area, may pay costs for such services directly on behalf of the recipient, through a voucher system, or by reimbursement to the recipient upon receipt of appropriate cost documentation. (III) Each eligible entity, through the one-stop delivery system in the participating local area, shall make available to recipients information on training providers specified in section 134(d)(4)(F)(ii), information available to the one-stop delivery system on providers of the intensive and supportive services described in clause (i), and information relating to occupations in demand in the local area. |
108hr4444ih | (iii) Limitations
The following limitations shall apply with respect to personal reemployment accounts under this subsection: (I) Amounts in a personal reemployment account may be used for up to 1 year from the date of the establishment of the account. (II) Each recipient shall submit cost documentation as required by the one-stop delivery system. (III) For the 1-year period following the establishment of the account, recipients may not receive intensive, supportive, or training services funded under this title except on a fee-for-services basis as specified in clause (ii)(I). |
108hr4444ih | (IV) Amounts in a personal reemployment account shall be nontransferable. (B) Reemployment bonus
(i) In general
Subject to clause (ii)— (I) if a recipient determined eligible under paragraph (5)(C)(ii) obtains full-time employment before the 13th week of unemployment for which unemployment compensation is paid, the balance of his or her personal reemployment account shall be provided directly to the recipient in cash; |
108hr4444ih | and (II) if a recipient determined eligible under paragraph (5)(C)(iii) obtains full-time employment before the end of the 13th week after the date on which the account is established, the balance of his or her personal reemployment account shall be provided directly to the recipient in cash. (ii) Limitations
The following limitations shall apply with respect to a recipient described in clause (i): (I) 60 percent of the remaining personal reemployment account balance shall be paid to the recipient at the time of employment. |
108hr4444ih | (II) 40 percent of the remaining personal reemployment account shall be paid to the recipient after 26 weeks of employment retention. (iii) Exception regarding subsequent employment
If a recipient described in clause (i) subsequently becomes unemployed due to a lack of work after receiving the portion of the reemployment bonus specified under clause (ii)(I), the individual may use the amount remaining in the personal reemployment account for the purposes described in subparagraph (A) but may not be eligible for additional cash payments under this subparagraph. |
108hr4444ih | (8) Program Information and Evaluation
(A) Information
The Secretary may require from eligible entities the collection and reporting on such financial, performance, and other program-related information as the Secretary determines is appropriate to carry out this subsection, including the evaluation described in subparagraph (B). (B) Evaluation
(i) In general
The Secretary, pursuant to the authority provided under section 172, shall, directly or through grants, contracts, or cooperative agreement with appropriate entities, conduct an evaluation of the activities carried out under any grants awarded under this subsection. |
108hr4444ih | (ii) Report
The report to Congress under section 172(e) relating to the results of the evaluations required under section 172 shall include the recommendation of the Secretary with respect to the use of personal reemployment account as a mechanism to assist individuals in obtaining and retaining employment.. |
108hr4050ih | 1. Short title
This Act may be cited as the Rural Bridge Safety and Repair Demonstration Act of 2004. 2. Findings
Congress makes the following findings: (1) The 589,111 bridges in the United States are a vital link in a seamless and efficient transportation system, connecting communities, States, and regions. (2) Fourteen percent of all bridges that are 20 feet or longer are structurally deficient. (3) The cost of correcting all bridge deficiencies in the United States is $136,000,000,000. |
108hr4050ih | Faced with budget cutbacks, many States are struggling to maintain an acceptable schedule of maintenance, repair, and replacement of their roads and bridges. (4) To begin correcting structural bridge deficiencies, a demonstration program is necessary, beginning with a State that has a significant number of structurally deficient bridges. (5) More than 33 percent of the 13,339 bridges in the State of Louisiana are structurally deficient or functionally obsolete; a State with a high percentage of structurally deficient bridges. 3. |
108hr4050ih | Louisiana rural development parish bridge repair program
(a) Authorization of appropriations
Section 144 of title 23, United States Code, is amended— (1) by redesignating subsection (q) as subsection (r); and (2) by adding after subsection (p) the following: (q) Demonstration project
(1) In general
The Secretary shall make grants to the Executive Director of the Louisiana Governor’s Office of Rural Development Parish Bridge Repair Program to provide for the rehabilitation of the State’s most structurally deficient off-system bridges. |
108hr4050ih | (2) Report
The Executive Director of the Governor’s Office of Rural Development Parish Bridge Repair Program shall transmit a report to Congress at the end of each fiscal year describing the number of bridges and extent of corrected deficiencies made during such year.. 4. Authorization of Appropriations
There are authorized to be appropriated to carry out this Act— (1) $5,000,000 for fiscal year 2005; (2) $15,000,000 for fiscal year 2006; and (3) $30,000,000 for fiscal year 2007. |