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(2) The significance of the area is enhanced by the continued use of the area by people whose traditions have helped shape the landscape. (3) There is a national interest in conserving, restoring, promoting, and interpreting the benefits of the area for the residents of, and visitors to, the area. (4) The area represents an assemblage of rich and varied resources forming a unique aspect of the heritage of the United States. (5) The area reflects a complex mixture of people and their origins, traditions, customs, beliefs, and folkways of interest to the public.
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(6) The land and water of the area offer outstanding recreational opportunities, educational experiences, and potential for interpretation and scientific research. (7) Local governments of the area support the establishment of a national heritage area. 3. Purposes
The purposes of this Act are— (1) to conserve, restore, promote, and interpret the significant resource values and functions of the Atchafalaya Basin area and advance sustainable economic development of the area; (2) to foster a close working relationship with all levels of government, the private sector,
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and the local communities in the area so as to enable those communities to conserve their heritage while continuing to pursue economic opportunities; and (3) to establish, in partnership with the State, local communities, preservation organizations, private corporations, and landowners in the Heritage Area, the Atchafalaya Trace State Heritage Area, as eligible parishes designated by the Louisiana Legislature, as the Atchafalaya National Heritage Area. 4. Definitions
In this Act: (1) Heritage area
The term Heritage Area means the Atchafalaya National Heritage Area established by section 5(a).
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(2) Local coordinating entity
The term local coordinating entity means the local coordinating entity for the Heritage Area designated by section 5(c). (3) Management plan
The term management plan means the management plan for the Heritage Area developed under section 7. (4) Secretary
The term Secretary means the Secretary of the Interior. (5) State
The term State means the State of Louisiana. 5. Atchafalaya National Heritage Area
(a) Establishment
There is established in the State the Atchafalaya National Heritage Area.
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(b) Boundaries
The Heritage Area shall consist of parishes that are consistent with the tradition, purposes, goals, and culture of the Heritage Area as determined by the Secretary in consultation with the State. The Secretary shall give priority consideration to those parishes in Atchafalaya State Heritage Area. (c) Local coordinating entity
(1) In general
The Atchafalaya Trace Commission shall be the local coordinating entity for the Heritage Area. (2) Composition
The local coordinating entity shall be composed of 1 member appointed by the governing authority of each parish within the Heritage Area. 6.
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Authorities and duties of the local coordinating entity
(a) Authorities
For the purposes of developing and implementing the management plan approved by the Secretary, the local coordinating entity may— (1) make grants to, and enter into cooperative agreements with, the State, units of local government, and private organizations; (2) hire and compensate staff; and (3) enter into contracts for goods and services. (b) Duties
The local coordinating entity shall— (1) submit to the Secretary for approval a management plan; (2) implement the management plan,
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including providing assistance to units of government and others in— (A) carrying out programs that recognize important resource values within the Heritage Area; (B) encouraging sustainable economic development within the Heritage Area; (C) establishing and maintaining interpretive sites within the Heritage Area; and (D) increasing public awareness and appreciation for the natural, historic, and cultural resources of the Heritage Area; (3) adopt bylaws governing the conduct of the local coordinating entity; and (4) for any year for which Federal funds are received under this Act, submit to the Secretary a report that describes,
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for the year— (A) the accomplishments of the local coordinating entity; and (B) the expenses and income of the local coordinating entity. (c) Acquisition of real property
No Federal funds authorized under this Act may be used to acquire real property or any interest in real property. (d) Public meetings
The local coordinating entity shall conduct public meetings at least quarterly. 7.
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Management plan
(a) In general
The local coordinating entity shall develop a management plan for the Heritage Area that incorporates an integrated and cooperative approach to conserve, interpret, and enhance the natural, scenic, cultural, historic, and recreational resources of the Heritage Area consistent with local, State and Federal land use laws and compatible with the economic viability of the Heritage Area.
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(b) Consideration of other plans and actions
In developing the management plan, the local coordinating entity shall— (1) take into consideration Federal, State, and local plans land use, laws, and plans; and (2) invite the participation of residents, public agencies, and private organizations in the Heritage Area. (c) Contents
The management plan shall include— (1) an inventory of the resources in the Heritage Area, including— (A) a list of property in the Heritage Area that— (i) relates to the purposes of the Heritage Area; and (ii) should be preserved, restored, managed,
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or maintained because of the significance of the property; and (B) an assessment of cultural landscapes within the Heritage Area; (2) provisions for the conservation, interpretation, and enjoyment of the resources of the Heritage Area identified in the management plan and found by the Secretary to be consistent with this Act and consistent with economic viability of the Heritage Area; (3) an interpretation plan for the Heritage Area; and (4) a program for implementation of the management plan that includes— (A) actions that may be carried out by units of government, private organizations, and public-private partnerships to protect the resources of the Heritage Area;
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and (B) the identification of existing and potential sources of funding for implementing the plan. (d) Submission to secretary for Approval
(1) In general
Not later than 3 years after the date of the enactment of this Act, the local coordinating entity shall submit the management plan to the Secretary for approval. (2) Effect of failure to submit
If a management plan is not submitted to the Secretary by the date specified in paragraph (1), the Secretary shall not provide any additional funding under this Act until a management plan for the Heritage Area is submitted to the Secretary.
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(e) Approval
(1) In general
Not later than 90 days after receiving the management plan submitted under subsection (d)(1), the Secretary, in consultation with the State, shall approve or disapprove the management plan.
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(2) Action following disapproval
(A) In general
If the Secretary disapproves a management plan under paragraph (1), the Secretary shall— (i) advise the local coordinating entity in writing of the reasons for the disapproval; (ii) make recommendations for revisions to the management plan; and (iii) allow the local coordinating entity to submit to the Secretary revisions to the management plan. (B) Deadline for Approval of revision
Not later than 90 days after the date on which a revision is submitted under subparagraph (A)(iii), the Secretary shall approve or disapprove the revision.
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(f) Revision
(1) In general
After approval by the Secretary of a management plan, the local coordinating entity shall periodically— (A) review the management plan; and (B) submit to the Secretary, for review and approval by the Secretary, the recommendations of the local coordinating entity for any revisions to the management plan that the local coordinating entity considers to be appropriate. (2) Expenditure of funds
Funds made available under this Act shall be used only to implement the approved management plan. 8.
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Requirements for inclusion of private property
(a) Notification and consent of property owners required
No privately owned property shall be preserved, conserved, or promoted by the management plan for the Heritage Area until the owner of that private property has been notified in writing by the management entity and has given written consent to the management entity for such preservation, conservation, or promotion. (b) Landowner withdraw
Any owner of private property included within the boundary of the Heritage Area shall have that private property immediately removed from the boundary by submitting a written request to the management entity. 9.
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Private property protection
(a) Access to private property
Nothing in this Act shall be construed to— (1) require any private property owner to allow public access (including Federal, State, or local government access) to such private property; or (2) modify any provision of Federal, State, or local law with regard to public access to or use of private property. (b) Liability
Designation of the Heritage Area shall not be considered to create any liability, or to have any effect on any liability under any other law, of any private property owner with respect to any persons injured on that private property.
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(c) Participation of private property owners in heritage area
Nothing in this Act shall be construed to require the owner of any private property located within the boundaries of the Heritage Area to participate in or be associated with the Heritage Area. 10. Effect of Act
Nothing in this Act— (1) grants any Federal agency regulatory authority over any interest in the Heritage Area, unless cooperatively agreed to by all involved parties; (2) modifies, enlarges, or diminishes any authority of the Federal, or State,
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or local government to regulate any use of land as provided for by law (including regulations) in existence on the date of the enactment of this Act; (3) grants any power of zoning or land use to the local coordinating entity; (4) imposes any environmental, occupational, safety, or other rule, standard, or permitting process that is different from those in effect on the date of enactment of this Act that would be applicable had the Heritage Area not been established; (5) imposes any change in Federal environmental quality standards; (6) abridges, restricts, or alters any applicable rule, standard,
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or review procedure for permitting of facilities within or adjacent to the Heritage Area; or (7) affects the continuing use and operation, where located on the date of enactment of this Act, of any public or private facility, including any public utility or common carrier. 11. Authorization of Appropriations
There is authorized to be appropriated to carry out this Act $10,000,000, of which not more than $1,000,000 shall be made available for any fiscal year.
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1. Short title
This Act may be cited as the National Guard and Reserve Education Act of 2004. 2. Increase in rate of educational assistance for members of the Selected Reserve as administered by the Secretary of Veterans Affairs
(a) Increase in rate of assistance
Subsection (b)(1) of section 16131 of title 10, United States Code, is amended— (1) in subparagraph (A), by striking $251 and inserting $400 ; (2) by striking subparagraphs (B) and (C); (3) by redesignating subparagraph (D) as subparagraph (B);
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and (4) in subparagraph (B), as so redesignated, by striking for each month of less than half-time pursuit and inserting for each month of less than full-time pursuit. (b) Effective date
The amendments made by subsection (a) shall apply with respect to months beginning after the date of the enactment of this Act. (c) No CPI adjustment for fiscal year 2005
Paragraph (2) of section 16131(b) of such title shall not apply to rates of basic educational assistance paid under such section during fiscal year 2005. 3.
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Payment of educational assistance for members of the Selected Reserve called up for service for cumulative period of 180 days or more at the rate applicable under chapter 30 of title 38, United States Code
(a) Increase
Section 16131 of title 10, United States Code, is amended by adding at the end the following new subsection: (j) (1) In the case of a person described in paragraph (2),
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the rate payable under subsection (b) or subsection (c) to such person for such educational assistance for each month shall be paid at the rate applicable under section 3015(b) of title 38. (2) A person referred to in paragraph (1) is a person who is entitled to educational assistance under this chapter— (A) who, on or after September 11, 2001, serves a period of active duty of at least 180 days of active duty pursuant to an order to serve on active duty under section 12301(a), 12301(d), 12301(g),
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12302, or 12304 of this title during a five year period, or (B) in the case of a member of the Army National Guard of the United States or Air National Guard of the United States, who, on or after September 11, 2001, performed full time National Guard duty under section 502(f) of title 32 for at least 180 days during a five year period when authorized by the President or Secretary of Defense for the purpose of responding to a national emergency declared by the President and supported by Federal funds.
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(b) Effective date
The amendments made by subsection (a) shall apply with respect to payments of educational assistance under chapter 1606 of such title for months beginning after September 30, 2004. 4. Modification of delimiting date for use of entitlement
(a) In general
Section 16133 of title 10, United States Code, is amended— (1) in subsection (a), by striking subsection (b) and inserting subsections (b) and (c) ;
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and (2) by adding at the end the following new subsection: (c) In the case of a person described in section 16131(j)(2) of this title, the period during which such person may use such person’s entitlement to educational assistance under this chapter expires at the end of the 14-year period beginning on the date that is the last day of the person’s last duty referred to in such section. (b) Effective date
The amendments made by subsection (a) shall take effect on September 30, 2004,
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and shall apply to members of the Selected Reserve entitled to educational assistance under chapter 1606 of title 10, United States Code, on or after that date. 5. Authority for members of the Selected Reserve entitled to retired pay to transfer entitlement to basic educational assistance
(a) Establishment of authority to transfer entitlement
(1) Chapter 1606 of title 10, United States Code, is amended by adding at the end the following new section: 16138.
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Transfer of entitlement to basic educational assistance by members of the Selected Reserve entitled to retired pay
(a) In general
Subject to the provisions of this section, each Secretary concerned may permit an individual described in subsection (b) who is entitled to basic educational assistance under this chapter to elect to transfer to one or more of the dependents specified in subsection (c) a portion of such individual’s entitlement to such assistance.
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(b) Eligible individuals
An individual referred to in subsection (a) is an individual who— (1) is entitled to retired pay under chapter 1223; and (2) is entitled to educational assistance under this chapter. (c) Eligible dependents
An individual approved to transfer an entitlement to basic educational assistance under this section may transfer the individual’s entitlement as follows: (1) To the individual’s spouse. (2) To one or more of the individual’s children. (3) To a combination of the individuals referred to in paragraphs (1) and (2).
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(d) Designation of transferee
An individual transferring an entitlement to basic educational assistance under this section shall— (1) designate the dependent or dependents to whom such entitlement is being transferred; (2) designate the number of months of such entitlement to be transferred to each such dependent; and (3) specify the period for which the transfer shall be effective for each dependent designated under paragraph (1). Each designation under this section shall be made in writing and shall be transmitted to the Secretary concerned and the Secretary of Veterans Affairs.
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(e) Time for transfer; revocation and modification
(1) Subject to the time limitation for use of entitlement under section 16133 of this title, an individual approved to transfer entitlement to basic educational assistance under this section may transfer such entitlement at any time after the approval of the individual’s request to transfer such entitlement without regard to whether the individual is a member of the Armed Forces when the transfer is executed. (2) (A) An individual transferring entitlement under this section may modify or revoke at any time the transfer of any unused portion of the entitlement so transferred.
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(B) The modification or revocation of the transfer of entitlement under this paragraph shall be made by the submittal of written notice of the action to both the Secretary concerned and the Secretary of Veterans Affairs. (f) Commencement of use
In the case of entitlement transferred to a child to whom entitlement to basic educational assistance is transferred under this section, the child may not commence the use of the transferred entitlement until either— (1) the completion by the child of the requirements of a secondary school diploma (or equivalency certificate); or (2) the attainment by the child of 18 years of age.
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(g) Additional administrative matters
(1) The use of any entitlement to basic educational assistance transferred under this section shall be charged against the entitlement of the individual making the transfer at the rate of one month for each month of transferred entitlement that is used. (2) Except as provided under subsection (d)(2) and subject to paragraphs (4) and (5), a dependent to whom entitlement is transferred under this section is entitled to basic educational assistance under this chapter in the same manner and at the same rate as the individual from whom the entitlement was transferred.
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(3) (A) The death of an individual transferring an entitlement under this section shall not affect the use of the entitlement by the dependent to whom the entitlement is transferred. (B) Entitlement may only be transferred under this section before the date of death of the individual making the transfer. (4) A child to whom entitlement is transferred under this section may not use any entitlement so transferred after attaining the age of 26 years.
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(5) The administrative provisions of chapter 30 of title 38 (including the provisions set forth in section 3034(a)(1) of that title) shall apply to the use of entitlement transferred under this section, except that the dependent to whom the entitlement is transferred shall be treated as the eligible veteran for purposes of such provisions. (6) The purposes for which a dependent to whom entitlement is transferred under this section may use such entitlement shall include the pursuit and completion of the requirements of a secondary school diploma (or equivalency certificate).
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(h) Overpayment
In the event of an overpayment of basic educational assistance with respect to a dependent to whom entitlement is transferred under this section, the dependent and the individual making the transfer shall be jointly and severally liable to the United States for the amount of the overpayment for purposes of section 3685 of title 38.
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(i) Approvals of transfer Subject to availability of appropriations
The Secretary concerned may approve transfers of entitlement to basic educational assistance under this section in a fiscal year only to the extent that appropriations for military personnel are available in that fiscal year for purposes of making deposits in the Department of Defense Education Benefits Fund under section 2006 of this title in that fiscal year to cover the present value of future benefits payable from the Fund for the Department of Defense portion of payments of basic educational assistance attributable to increased usage of benefits as a result of such transfers of entitlement in that fiscal year.
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(j) Regulations
After consultation with the Secretary of Veterans Affairs, the Secretary of Defense shall prescribe regulations for purposes of this section. Such regulations shall specify the manner and effect of an election to modify or revoke a transfer of entitlement under subsection (e)(2) and shall specify the manner of the applicability of the administrative provisions referred to in subsection (g)(5) to a dependent to whom entitlement is transferred under this section.
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(k) Annual report
(1) As part of the report required under section 3020(l) of title 38, (beginning in 2006), the Secretary of Defense shall include information on the transfers of entitlement to basic educational assistance under this section that were approved by each Secretary concerned during the preceding fiscal year.
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(2) Each report shall set forth— (A) the number of transfers of entitlement under this section that were approved by such Secretary during the preceding fiscal year; or (B) if no transfers of entitlement under this section were approved by such Secretary during that fiscal year, a justification for such Secretary’s decision not to approve any such transfers of entitlement during that fiscal year.. (2) Clerical amendment
The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 16138. Transfer of entitlement to basic educational assistance by members of the Selected Reserve entitled to retired pay.
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(b) Conforming amendment
Section 3020 of title 38, United States Code, is amended— (1) by redesignating subsection (m) as subsection (n); and (2) by inserting after subsection (l) the following new subsection: (m) Coordination with authority for transfers under the reserve montgomery GI bill
In carrying out this section and section 16138 of title 10, each Secretary concerned shall take such steps as may be necessary to ensure that a transfer of entitlement under each such section is made pursuant to the applicable requirements of such sections.. 16138.
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Transfer of entitlement to basic educational assistance by members of the Selected Reserve entitled to retired pay
(a) In general
Subject to the provisions of this section, each Secretary concerned may permit an individual described in subsection (b) who is entitled to basic educational assistance under this chapter to elect to transfer to one or more of the dependents specified in subsection (c) a portion of such individual’s entitlement to such assistance.
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(b) Eligible individuals
An individual referred to in subsection (a) is an individual who— (1) is entitled to retired pay under chapter 1223; and (2) is entitled to educational assistance under this chapter. (c) Eligible dependents
An individual approved to transfer an entitlement to basic educational assistance under this section may transfer the individual’s entitlement as follows: (1) To the individual’s spouse. (2) To one or more of the individual’s children. (3) To a combination of the individuals referred to in paragraphs (1) and (2).
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(d) Designation of transferee
An individual transferring an entitlement to basic educational assistance under this section shall— (1) designate the dependent or dependents to whom such entitlement is being transferred; (2) designate the number of months of such entitlement to be transferred to each such dependent; and (3) specify the period for which the transfer shall be effective for each dependent designated under paragraph (1). Each designation under this section shall be made in writing and shall be transmitted to the Secretary concerned and the Secretary of Veterans Affairs.
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(e) Time for transfer; revocation and modification
(1) Subject to the time limitation for use of entitlement under section 16133 of this title, an individual approved to transfer entitlement to basic educational assistance under this section may transfer such entitlement at any time after the approval of the individual’s request to transfer such entitlement without regard to whether the individual is a member of the Armed Forces when the transfer is executed. (2) (A) An individual transferring entitlement under this section may modify or revoke at any time the transfer of any unused portion of the entitlement so transferred.
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(B) The modification or revocation of the transfer of entitlement under this paragraph shall be made by the submittal of written notice of the action to both the Secretary concerned and the Secretary of Veterans Affairs. (f) Commencement of use
In the case of entitlement transferred to a child to whom entitlement to basic educational assistance is transferred under this section, the child may not commence the use of the transferred entitlement until either— (1) the completion by the child of the requirements of a secondary school diploma (or equivalency certificate); or (2) the attainment by the child of 18 years of age.
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(g) Additional administrative matters
(1) The use of any entitlement to basic educational assistance transferred under this section shall be charged against the entitlement of the individual making the transfer at the rate of one month for each month of transferred entitlement that is used. (2) Except as provided under subsection (d)(2) and subject to paragraphs (4) and (5), a dependent to whom entitlement is transferred under this section is entitled to basic educational assistance under this chapter in the same manner and at the same rate as the individual from whom the entitlement was transferred.
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(3) (A) The death of an individual transferring an entitlement under this section shall not affect the use of the entitlement by the dependent to whom the entitlement is transferred. (B) Entitlement may only be transferred under this section before the date of death of the individual making the transfer. (4) A child to whom entitlement is transferred under this section may not use any entitlement so transferred after attaining the age of 26 years.
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(5) The administrative provisions of chapter 30 of title 38 (including the provisions set forth in section 3034(a)(1) of that title) shall apply to the use of entitlement transferred under this section, except that the dependent to whom the entitlement is transferred shall be treated as the eligible veteran for purposes of such provisions. (6) The purposes for which a dependent to whom entitlement is transferred under this section may use such entitlement shall include the pursuit and completion of the requirements of a secondary school diploma (or equivalency certificate).
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(h) Overpayment
In the event of an overpayment of basic educational assistance with respect to a dependent to whom entitlement is transferred under this section, the dependent and the individual making the transfer shall be jointly and severally liable to the United States for the amount of the overpayment for purposes of section 3685 of title 38.
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(i) Approvals of transfer Subject to availability of appropriations
The Secretary concerned may approve transfers of entitlement to basic educational assistance under this section in a fiscal year only to the extent that appropriations for military personnel are available in that fiscal year for purposes of making deposits in the Department of Defense Education Benefits Fund under section 2006 of this title in that fiscal year to cover the present value of future benefits payable from the Fund for the Department of Defense portion of payments of basic educational assistance attributable to increased usage of benefits as a result of such transfers of entitlement in that fiscal year.
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(j) Regulations
After consultation with the Secretary of Veterans Affairs, the Secretary of Defense shall prescribe regulations for purposes of this section. Such regulations shall specify the manner and effect of an election to modify or revoke a transfer of entitlement under subsection (e)(2) and shall specify the manner of the applicability of the administrative provisions referred to in subsection (g)(5) to a dependent to whom entitlement is transferred under this section.
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(k) Annual report
(1) As part of the report required under section 3020(l) of title 38, (beginning in 2006), the Secretary of Defense shall include information on the transfers of entitlement to basic educational assistance under this section that were approved by each Secretary concerned during the preceding fiscal year.
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(2) Each report shall set forth— (A) the number of transfers of entitlement under this section that were approved by such Secretary during the preceding fiscal year; or (B) if no transfers of entitlement under this section were approved by such Secretary during that fiscal year, a justification for such Secretary’s decision not to approve any such transfers of entitlement during that fiscal year. 7.
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Requirement for the Secretary of Veterans Affairs to report to Congress on transfers of entitlement by members of the Selected Reserve entitled to retired pay
(a) In general
Subchapter II of chapter 30 of title 38, United States Code, is amended by adding at the end the following new section: 3020A.
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Annual report on transfers of entitlement to basic educational assistance by members of the Selected Reserve entitled to retired pay
(a) Inclusion in annual report
As part of the annual report submitted to the Congress under section 529 of this title, the Secretary shall include a description of the operation of the program for transfer of entitlement to basic educational assistance by members of the selected reserve entitled to retired pay under section 16138 of title 10. (b) Specific information required
The Secretary shall include in the description required under subsection (a) the following information: (1) The aggregate number of transfers of entitlement made during the preceding year.
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(2) The type of programs of education pursued by dependents to whom entitlement was so transferred. (3) The number of spouses to whom entitlement was so transferred. (4) The number of dependent children to whom entitlement was so transferred.. (b) Clerical amendment
The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 3020A.
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Annual report on transfers of entitlement to basic educational assistance by members of the Selected Reserve entitled to retired pay
(a) Inclusion in annual report
As part of the annual report submitted to the Congress under section 529 of this title, the Secretary shall include a description of the operation of the program for transfer of entitlement to basic educational assistance by members of the selected reserve entitled to retired pay under section 16138 of title 10. (b) Specific information required
The Secretary shall include in the description required under subsection (a) the following information: (1) The aggregate number of transfers of entitlement made during the preceding year.
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(2) The type of programs of education pursued by dependents to whom entitlement was so transferred. (3) The number of spouses to whom entitlement was so transferred. (4) The number of dependent children to whom entitlement was so transferred.
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1. Temporary suspension of duty
(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: 9902.01.04 Methylene Bis-Benzotriazolyl Tetramethylbutylphenol (CAS No.103597-45-1) (provided for in subheading 3824.90.28) Free Free No change On or before 12/31/07 (b) Effective date
The amendment made by subsection (a) applies with respect to goods entered,
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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. Modify certain restrictions
Subsection (c) of section 29 of the International Air Transportation Competition Act of 1979 ( Public Law 96–192 ; 94 Stat. 48 et seq.) is amended by inserting Tennessee, before and Texas.
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1. Marriage in the District of Columbia
In the District of Columbia, for all legal purposes, marriage means the union of one man and one woman.
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1. Short title
This Act may be cited as the Transit System Flexibility Protection Act of 2004. 2. General authority
Section 5307(b)(1) of title 49, United States Code, is amended by adding at the end the following: The Secretary may make grants under this section to a transit system to finance the operating cost of equipment and facilities for use in mass transportation in an urbanized area with a population of more than 200,000 if such transit system operates less than 100 buses on fixed route service during peak service hours..
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1. Short title
This Act may be cited as the Gateway to Democracy Act of 2004. 2. Findings; Purpose
(a) Findings
Congress finds the following: (1) The right of citizens of the United States to vote is a fundamental right. (2) It is the responsibility of the Federal, State, and local governments to ensure that voter registration laws and procedures enhance the participation of eligible citizens as voters. (3) Young adults often fail to participate in the first election for which they are eligible to vote.
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(4) Young adults are consistently the age group with the lowest voter turnout. According to the Bureau of the Census, in the 2000 general election only 45.4% of 18 to 24 year olds were registered to vote and only 32.3% voted. The statistics for the 1998 general election were even more dismal, as 39.2% of such individuals were registered and a mere 16.6% actually went to the polls.
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(5) One of the reasons for the failure of young adults to vote is that most States require registration prior to the election itself, so that it is too late to establish voter eligibility on Election Day. (6) The National Voter Registration Act of 1993 established that the simultaneous application for voter registration with the application for a motor vehicle driver’s license provides the government with an effective mechanism for increasing access to voter registration.
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(7) While many States allow individuals to get their license before they meet the age requirement for voter registration, few States allow registration at that time if the potential voter has not yet reached the minimum voting age. (8) In order to remove this barrier, increase the effectiveness of the National Voter Registration Act of 1993, and ensure that the maximum number of young adults is given the opportunity to register to vote, a procedure should be established to allow young adults who do not yet meet the voting age requirement to nevertheless register to vote at the time they apply for their driver’s licenses.
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(9) Hawaii, Connecticut, Iowa, Florida, Maine, Missouri, and Texas have already implemented successful pre-registration programs which allow individuals to register to vote prior to meeting all of the eligibility requirements for registration.
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(b) Purpose
It is the purpose of this Act— (1) to increase the effectiveness of the National Voter Registration Act of 1993; (2) to expand the categories of individuals who are given the opportunity to register to vote under the National Voter Registration Act of 1993 to include young adults who do not yet meet the minimum age requirement to vote; and (3) to encourage civic engagement by young adults. 3.
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Permitting Certain Individuals Under Minimum Legal Voting Age to Complete Voter Registration Application Forms
(a) Forms Provided With Applications For Motor Vehicle Driver’s License
Section 5(c)(2)(C)(ii) of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–3(c)(2)(C)(ii) ) is amended by striking requirement and inserting the following: requirement (or, in the case of an applicant who is under the minimum legal voting age, an attestation that the applicant will reach such age prior to voting).
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(b) Forms Provided by Other Designated Voter Registration Agencies
Section 7(a)(6)(A)(i)(II) of such Act ( 42 U.S.C. 1973gg–5(a)(6)(A)(i)(II) ) is amended by striking requirement and inserting the following: requirement (or, in the case of an applicant who is under the minimum legal voting age, an attestation that the applicant will reach such age prior to voting).
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(c) Mail Voter Registration Form
(1) In general
Section 9(b)(2)(B) of such Act ( 42 U.S.C. 1973gg–7(b)(2)(B) ) is amended by striking requirement and inserting the following: requirement (or, in the case of an applicant who is under the minimum legal voting age, an attestation that the applicant will reach such age prior to voting).
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(2) Conforming amendment regarding check-off box for age
Section 303(b)(4)(A)(ii) of the Help America Vote Act of 2002 ( 42 U.S.C. 15483(b)(4)(A)(ii) ) is amended to read as follows: (ii) The question If you are under the minimum legal voting age, will you certify that you understand that this application will not become effective and you will not be able to vote in any election prior to reaching that age?
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and boxes for the applicant to check to indicate whether or not the applicant will so certify.. (d) Rule of Construction Regarding Minimum Age For Submission of Forms
Section 8 of the National Voter Registration Act of 1993 ( 42 U.S.C.
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1973gg–6 ) is amended— (1) by redesignating subsection (j) as subsection (k); and (2) by inserting after subsection (i) the following new subsection: (j) Minimum Age For Submission of Forms
Nothing in this Act may be construed to require a State to accept any voter registration application form from an individual who, at the time of submitting the form, has not attained the age at which the individual may apply for a motor vehicle driver’s license in the State.. 4.
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Maintenance and Availability of Information on Individuals Under Minimum Legal Voting Age
Section 303(a)(1)(A) of the Help America Vote Act of 2002 ( 42 U.S.C. 15483(a)(1)(A) ) is amended by adding at the end the following new clause: (ix) In addition to the information on legally registered voters which is maintained on the list, the State shall maintain information on those individuals in the State who have completed applications for voter registration prior to reaching the minimum legal voting age, and shall make the information available to election officials in the State.. 5.
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Effective Date
The amendments made by this Act shall apply with respect to applications to register to vote in elections occurring in a State after the date on which the State is required to comply with the requirements of section 303(a) of the Help America Vote Act of 2002 (relating to the implementation of a computerized Statewide voter registration list).
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1. Short title
This Act may be cited as the Managing Our Medicare and Medicaid Services and Protecting Our Parents Act. 2. Loan repayment program for nurse practitioners and physicians assistants serving in underserved nursing homes
Title IV of the Public Health Service Act ( 42 U.S.C. 281 et seq. ) is amended— (1) by redesignating the second section 487F as section 487G; and (2) by inserting after section 487G (as so redesignated) the following: 487H.
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Loan repayment program for nurse practitioners and physician assistants serving in underserved nursing homes
(a) Establishment
To the extent and in the amounts provided in advance in appropriations Acts, the Secretary, acting through the Administrator of the Health Resources and Services Administration, shall establish a program to enter into contracts with individuals under which the individual involved agrees to serve for a period of not less than 3 years as a nurse practitioner or a physician assistant at an underserved nursing home, in consideration of the Federal Government agreeing to make payments, for not more than 5 years of such service, on the principal and interest of the educational loans of the individual.
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(b) Amount of payments
The amount of a payment by the Secretary under this section for a year of service by an individual as a nurse practitioner or physician assistant at an underserved nursing home shall not exceed the lesser of the remaining outstanding obligation on the individual’s educational loans or— (1) $2,000 at the completion of the first year of such service; (2) $2,500 at the completion of the second year of such service; (3) $3,500 at the completion of the third year of such service; (4) $4,500 at the completion of the fourth year of such service;
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and (5) $5,000 at the completion of the fifth year of such service. (c) Application of provisions
Except as inconsistent with this section, the provisions of sections 338B, 338C, and 338E shall apply to the program established under this section to the same extent and in the same manner as such provisions apply to the National Health Service Corps Loan Repayment Program established in subpart III of part D of title III.
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(d) Definitions
For purposes of this section: (1) The term medicaid recipient means, with respect to a resident of a nursing home, a resident of the home who is provided medical assistance under title XIX of the Social Security Act for nursing home services. (2) The term medicare recipient means, with respect to a resident of a skilled nursing home, a resident who is being provided benefits under part A of title XVIII of the Social Security Act with respect to extended care services in the home.
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(3) The term nursing home means any institution or facility defined as such for licensing purposes under State law, or, if State law does not employ the term nursing home, the equivalent term or terms as determined by the Secretary, but does not include a religious nonmedical health care institution (as defined in section 1861(ss)(1) of the Social Security Act).
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(4) The term underserved nursing home means a nursing home in which at least 85 percent of the number of residents of the home are medicaid recipients, not more than 8 percent of such residents are medicare recipients, and not more than 10 percent of such residents are neither medicaid nor medicare recipients. (e) Funding
(1) Authorization of appropriations
For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each fiscal year.
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(2) Availability
Amounts appropriated for carrying out this section shall remain available until the expiration of the second fiscal year beginning after the fiscal year for which the amounts were made available.. 487H.
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Loan repayment program for nurse practitioners and physician assistants serving in underserved nursing homes
(a) Establishment
To the extent and in the amounts provided in advance in appropriations Acts, the Secretary, acting through the Administrator of the Health Resources and Services Administration, shall establish a program to enter into contracts with individuals under which the individual involved agrees to serve for a period of not less than 3 years as a nurse practitioner or a physician assistant at an underserved nursing home, in consideration of the Federal Government agreeing to make payments, for not more than 5 years of such service, on the principal and interest of the educational loans of the individual.
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(b) Amount of payments
The amount of a payment by the Secretary under this section for a year of service by an individual as a nurse practitioner or physician assistant at an underserved nursing home shall not exceed the lesser of the remaining outstanding obligation on the individual’s educational loans or— (1) $2,000 at the completion of the first year of such service; (2) $2,500 at the completion of the second year of such service; (3) $3,500 at the completion of the third year of such service; (4) $4,500 at the completion of the fourth year of such service;
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and (5) $5,000 at the completion of the fifth year of such service. (c) Application of provisions
Except as inconsistent with this section, the provisions of sections 338B, 338C, and 338E shall apply to the program established under this section to the same extent and in the same manner as such provisions apply to the National Health Service Corps Loan Repayment Program established in subpart III of part D of title III.
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(d) Definitions
For purposes of this section: (1) The term medicaid recipient means, with respect to a resident of a nursing home, a resident of the home who is provided medical assistance under title XIX of the Social Security Act for nursing home services. (2) The term medicare recipient means, with respect to a resident of a skilled nursing home, a resident who is being provided benefits under part A of title XVIII of the Social Security Act with respect to extended care services in the home.
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(3) The term nursing home means any institution or facility defined as such for licensing purposes under State law, or, if State law does not employ the term nursing home, the equivalent term or terms as determined by the Secretary, but does not include a religious nonmedical health care institution (as defined in section 1861(ss)(1) of the Social Security Act).
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(4) The term underserved nursing home means a nursing home in which at least 85 percent of the number of residents of the home are medicaid recipients, not more than 8 percent of such residents are medicare recipients, and not more than 10 percent of such residents are neither medicaid nor medicare recipients. (e) Funding
(1) Authorization of appropriations
For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each fiscal year.
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(2) Availability
Amounts appropriated for carrying out this section shall remain available until the expiration of the second fiscal year beginning after the fiscal year for which the amounts were made available. 3. Training program for nursing home administrators
(a) In general
The Secretary of Health and Human Services, acting through the Director of the Centers for Medicare & Medicaid Services, shall provide grants to States to implement nursing home administrator mentor programs described in subsection (b).
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(b) Mentor program described
A mentor program described in this subsection is a program to improve the training of nursing home administrators and to strengthen their commitment to serve as leaders in their States. Such a program shall provide for the following: (1) Identification of individuals who are nursing home administrators and have exceptional potential to serve as mentors to other nursing home administrators. (2) Training of such individuals to serve as mentors for other nursing home administrators who are employed in underserved nursing homes (as defined in section 487H(e)(3) of the Public Health Service Act).
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(c) Applications
A State seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (d) Authorization of appropriations
There are authorized to be appropriated $25,000,000 to carry out this section.
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(e) Definitions
For purposes of this section: (1) Nursing home
The term nursing home means any institution or facility defined as such for licensing purposes under State law, or, if State law does not employ the term nursing home, the equivalent term or terms as determined by the Secretary, but does not include a religious nonmedical health care institution (as defined in section 1861(ss)(1) of the Social Security Act ( 42 U.S.C. 1395x(ss)(1) ).
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(2) Nursing home administrator
The term nursing home administrator means any individual who is charged with the general administration of a nursing home whether or not such individual has an ownership interest in such home and whether or not the individual’s functions and duties are shared with one or more other individuals. (3) State
The term State has the meaning given such term for purposes of title XIX of the Social Security Act. 4.
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High family involvement in nursing homes
The Director of the Centers for Medicare & Medicaid Services shall provide, in implementing the Nursing Home Quality Initiative, the degree of family involvement (as defined by the Director) among the quality indicators for the evaluation of the quality of nursing homes,. 5. Reinstitution of Boren Amendment Medicaid Payment Methodology
(a) In general
Section 1902(a)(13) of the Social Security Act ( 42 U.S.C.
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1396a(a)(13) ) is amended to read as follows: (13) provide for payment of services through the use of rates determined pursuant to the criteria under this paragraph as in effect on August 1, 1997;. (b) Establishment of safe harbor rates
Section 1902 of such Act ( 42 U.S.C.
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