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the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so determined. (b) Credit made part of general business credit
Section 38(b) of such Code (relating to current year business credit) is amended by striking plus at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting , plus , and by adding at the end the following new paragraph: (16) the commercial water conservation credit determined under section 45G(a).
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(c) Basis adjustment
Subsection (a) of section 1016 of such Code is amended by striking and at the end of paragraph (27), by striking the period at the end of paragraph (28) and inserting , and , and by adding at the end the following new paragraph: (29) to the extent provided in section 45G(d), in the case of amounts with respect to which a credit has been allowed under section 45G.
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(d) Limitation on carryback
Subsection (d) of section 39 of such Code is amended to read as follows: (d) No carryback of commercial water conservation credit before January 1, 2004
No portion of the unused business credit for any taxable year which is attributable to the commercial water conservation credit determined under section 45G may be carried back to a taxable year beginning before January 1, 2004.
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(e) Clerical amendment
The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 45G. Commercial water conservation credit. (f) Effective date
The amendments made by this section shall apply to property placed in service after December 31, 2003. 45G.
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Commercial water conservation credit
(a) In general
For purposes of section 38, in the case of a small employer, the credit determined under this section for the taxable year is an amount equal to 10 percent of the aggregate adjusted bases of all qualified water conservation property installed in or in connection with the principal place of business (within the meaning of section 280A(c)(1)) of the taxpayer located in the United States.
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(b) Definitions
For purposes of this section— (1) Small employer
(A) In general
The term small employer means, with respect to any taxable year, any employer if such employer employed an average of 100 or fewer employees on business days during either of the 2 preceding calendar years. For purposes of the preceding sentence, a preceding calendar year may be taken into account only if the employer was in existence throughout such year.
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(B) Employers not in existence in preceding year
In the case of an employer which was not in existence throughout the 1st preceding taxable year, the determination under subparagraph (A) shall be based on the average number of employees that it is reasonably expected such employer will employ on business days in the current taxable year. (C) Special rules
(i) Controlled groups
For purposes of this paragraph, all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as 1 employer.
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(ii) Predecessors
Any reference in this paragraph to an employer shall include a reference to any predecessor of such employer. (2) Qualified water conservation property
The term qualified water conservation property has the meaning given to such term by section 36(c)(2). (c) Special rules
For purposes of this section— (1) In general
Rules similar to the rules of section 36(d) (other than paragraph (4) thereof) shall apply for purposes of this section.
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(2) Coordination with certain credits
(A) The basis of any property referred to in subsection (a) shall be reduced by that portion of the basis of any property which is attributable to qualified rehabilitation expenditures (as defined in section 47(c)(2)) or to the energy percentage of energy property (as determined under section 48(a)). (B) Expenditures taken into account under section 47 or 48(a) shall not be taken into account under this section.
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(3) Denial of double benefit
No deduction or credit shall be allowed under this chapter for any amount taken into account in determining the credit under this section. (4) Election not to claim credit
This section shall not apply to a taxpayer for any taxable year if such taxpayer elects to have this section not apply for such taxable year.
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(d) Basis adjustment
For purposes of this subtitle, if a credit is determined under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so determined.
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108hr5000ih
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1. Short title
This Act may be cited as the Radioprotectant Procurement Act of 2004. 2. Findings
Congress finds as follows: (1) The threat of a radiological or nuclear attack on the American people is one of the greatest potential threats now faced by the United States, considering the potential number of deaths, injuries, illnesses and economic devastation such an attack on American civilians or military personnel could have.
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(2) There are at least 30,000 known nuclear weapons deployed around the world today and the proliferation of nuclear weapons technology continues to pose an enormous threat to the United States, its people, and its interests and allies around the world. (3) Even a crude radiological weapon, using conventional explosives combined with widely available radiological materials, could cause death, radiation sickness, and widespread panic and economic hardship if detonated in an urban center of the United States, and such an attack would dramatically strain our public health resources.
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(4) Numerous government and private studies, including the findings of several leading medical journals, have concluded that a nuclear weapon detonated in a large urban center would cause widespread death, sickness, and physical and economic damage. For example, in February 2002, the British Medical Journal estimated that a 12.5 kiloton nuclear bomb (approximately the size of the bomb used at Hiroshima), if detonated in New York City, would cause 50,000 immediate deaths, 200,000 short-term deaths from high-exposure radiation injury, and 700,000 cases of radiation sickness.
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(5) There are 103 nuclear power plants in the United States, each with the potential to expose area residents to high levels of radiation in the event of a successful attack.
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(6) For potentially stockpiled radioprotectants to be most effective, they must be administered soon after exposure to radiation, so the procurement of a radioprotectant must be large enough and located in enough regions of the country to facilitate the rapid treatment of the hundreds of thousands and potentially millions of Americans who would be exposed to radiation, as well as the many worried well who will flood emergency rooms should a nuclear or radiological attack or large accident occur.
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(7) Considering the need to rapidly administer a radioprotectant, Federal procurement of an effective radioprotectant should be comparable to stockpiles of other drugs designed to counter the effects of chemical or biological agents. (8) Current treatment options for acute radiation exposure are wholly inadequate, with potassium iodide being the only widely stockpiled countermeasure currently available. This treatment protects against the long-term risk of thyroid cancer, and does nothing to counteract short-term radiation sickness and possible death within the first 30 days of exposure.
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(9) Effective medical countermeasures to both acute and long-term exposure of radiation are presently in development at the Armed Forces Radiobiology Research Institute (AFRRI) and among pharmaceutical companies, including at least one compound that has demonstrated efficacy in preventing radiation sickness and death caused by the destruction of bone marrow from acute radiation exposure.
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(10) While the Departments of Health and Human Services, Homeland Security, and Defense are appropriately dedicating substantial resources to the development and procurement of countermeasures to biological threats, including smallpox and anthrax vaccines, few resources to date have been dedicated to bring to market and procure an effective, whole-body radioprotectant. (11) In enacting the Homeland Security Act of 2002, it was and is the intent of Congress that the development and procurement of radiological and nuclear countermeasures be given full and appropriate consideration and dedication of resources. 3.
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Amendment to the Homeland Security Act of 2002
Section 304 of the Homeland Security Act of 2002 ( 6 U.S.C. 184 ; Public Law 107–296 ) is amended by adding at the end the following subsection: (d) Development and procurement of radiation medical countermeasures
For the purpose of rapidly developing, bringing to market, and procuring whole-body radioprotectants, the Secretaries of Health and Human Services, Homeland Security, and Defense shall utilize and expend such funds as may be necessary, including funds appropriated by Congress,
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and not otherwise prohibited from being used for such purpose, under the appropriations headings Public Health Programs , Strategic National Stockpile , Nuclear and Radiological Countermeasures , Biodefense Countermeasures , Research, Development, Acquisition and Operations , Biological Countermeasures , and Chem-Bio Defense Initiative , as well as relevant departmental and subagency operations budgets, subject to the appropriations Act involved. 4.
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Report regarding effective radioprotectants; development and procurement
(a) Report
Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security (referred to in this section as the Secretary ) shall, in consultation with the Secretary of Health and Human Services and the Secretary of Defense, submit to the Congress a report providing a determination by the Secretary of— (1) the extent to which there is a threat of a nuclear or radiological attack against the United States; and (2) the availability of effective radioprotectant medical countermeasures against the threat.
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(b) Development and procurement
(1) In general
If in carrying out subsection (a) the Secretary determines that one or more effective radioprotectants are currently available, or may become available within a reasonable amount of time, then not later than 90 days after the submission of the report under such subsection, the Secretary shall enter into one or more agreements with one or more private companies for the development and procurement of one or more effective, safe, stable, and low-cost radioprotectants, subject to the availability of funds under an appropriations Act.
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(2) Adequate Protection
An agreement under paragraph (1) shall provide for the procurement and stockpiling of enough dose regimens of the radioprotectants involved to provide for adequate protection of the people of the United States, including adequate response to a multi-location attack scenario, if in carrying out subsection (a) the Secretary determines that such a scenario is plausible.
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(3) Certain authorities
(A) Development
With respect to an agreement under paragraph (1) that provides funds for the development of a radioprotectant, the Secretary may use the same authorities as are described in subsections (b) through (e) of section 319F–1 of the Public Health Service Act. (B) Procurement
With respect to an agreement under paragraph (1) that provides funds for the procurement of a radioprotectant, the Secretary may use the same authorities as are described in section 319F–2(c)(7) of the Public Health Service Act.
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(C) Conditions
An agreement under paragraph (1) may contain such reasonable conditions in addition to the conditions required in paragraph (2) as the Secretary determines to be appropriate, including— (i) the condition that the final procurement be contingent upon approval of the radioprotectants by the Food and Drug Administration, subject to section 564 of the Federal Food, Drug, and Cosmetic Act; and (ii) the condition that the company or companies that produce such radioprotectants may be required to assume the development costs of improvements to the radioprotectants.
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1. Short title
This Act may be cited as the Small Community Options for Regulatory Equity Act of 2004. 2. Exemption for nonprofit small public water systems respecting naturally occurring contaminants
The Safe Drinking Water Act ( 42 U.S.C. 300f et seq. ) is amended by inserting after section 1416 the following: 1416A.
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Exemption for nonprofit small public water systems respecting naturally occurring contaminants
(a) Exemption
A State exercising primary enforcement responsibility for public water systems under section 1413 (or the Administrator in any nonprimacy State) shall exempt any nonprofit small public water system that submits a request in accordance with subsection (b) from the requirements of any national primary drinking water regulation for a naturally occurring contaminant.
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(b) Request
To seek an exemption under this section, a nonprofit small public water system— (1) shall submit a written request to the State exercising primary enforcement responsibility with respect to the system (or the Administrator in any nonprimacy State); and (2) shall include in such request a finding under subsection (c). (c) Economic feasibility
(1) Finding
To seek an exemption under this section, a nonprofit small public water system must find that compliance by the system with the national primary drinking water regulation involved is not economically feasible.
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(2) No review
A finding by a nonprofit small public water system under this subsection shall not be subject to judicial or administrative review. (d) Definitions
In this section: (1) The term naturally occurring contaminant includes arsenic, radon, radium, uranium, and any contaminant that is a disinfection byproduct (including bromate, chlorite, haloacetic acids, and total trihalomethanes). (2) The term small public water system means a public water system serving 10,000 or fewer persons.. 1416A.
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Exemption for nonprofit small public water systems respecting naturally occurring contaminants
(a) Exemption
A State exercising primary enforcement responsibility for public water systems under section 1413 (or the Administrator in any nonprimacy State) shall exempt any nonprofit small public water system that submits a request in accordance with subsection (b) from the requirements of any national primary drinking water regulation for a naturally occurring contaminant.
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(b) Request
To seek an exemption under this section, a nonprofit small public water system— (1) shall submit a written request to the State exercising primary enforcement responsibility with respect to the system (or the Administrator in any nonprimacy State); and (2) shall include in such request a finding under subsection (c). (c) Economic feasibility
(1) Finding
To seek an exemption under this section, a nonprofit small public water system must find that compliance by the system with the national primary drinking water regulation involved is not economically feasible.
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(2) No review
A finding by a nonprofit small public water system under this subsection shall not be subject to judicial or administrative review. (d) Definitions
In this section: (1) The term naturally occurring contaminant includes arsenic, radon, radium, uranium, and any contaminant that is a disinfection byproduct (including bromate, chlorite, haloacetic acids, and total trihalomethanes). (2) The term small public water system means a public water system serving 10,000 or fewer persons.
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1. Short title
This Act may be cited as the Restoring Democracy to the U.S. Congress Act of 2004. 2. Findings and purpose
(a) Findings
Congress finds that, while the United States is endeavoring to bring democracy to countries such as Iraq and Afghanistan, recent events in the Congress have battered the pillars of our democratic system here at home within the world’s greatest deliberative body.
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(b) Purpose
The purpose of this Act is to stop this loss of democracy here at home and prevent further occurrences of recent injustices including— (1) barring Members appointed to conference committees from attending meetings of those committees; (2) calling the Capitol Police to forcibly remove Members from legislative meetings; (3) extending the time limit on recorded votes from minutes to hours to alter the outcome; (4) attaching special-interest amendments to conference reports that have not been the subject of hearings or votes in either House or contained in the underlying legislation as passed either House;
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(5) redrawing congressional districts for partisan political gains in between censuses; (6) requiring Members to vote on legislation that has not been circulated or read; (7) allegedly offering a bribe on the House floor; (8) allegedly stealing confidential documents from a committee’s computer server; and (9) spending committee funds to pay for mass mail communications to individual Members’ districts. 3.
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Time limit on roll call votes
The last sentence of clause 2(a) of rule XX of the House of Representatives is amended by inserting and, except by unanimous consent or mutual agreement of the majority and minority leaders, the maximum time shall be 17 minutes before the period at the end. 4. Actual voting required in conference committee meetings
Clause 8(a) of rule XXII of the Rules of the House of Representatives is amended by adding at the end the following new subparagraph: (3) It shall not be in order to consider a conference report unless the senior manager from the majority party on the part of the House
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as so designated for that purpose by the majority leader and the senior manager from the minority party on the part of the House as so designated for that purpose by the minority leader include in the statement of managers accompanying such conference report a signed statement that all House managers have been afforded an opportunity at a meeting of the committee on conference to vote on all amendments and other propositions considered by that committee. 5.
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Germaneness requirement for conference reports may not be waived
Clause 6(c) of rule XIII of the Rules of the House of Representatives is amended by adding at the end the following new subparagraph: (3) a rule or order that would prevent a Member from making a point of order against nongermane matter in a conference agreement pursuant to clause 9 of rule XXII.. 6.
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Removal of Members from committee meetings
Clause 3 of rule II of the Rules of the House of Representatives is amended by adding at the end the following new paragraph: (g) The duty to forcibly remove a Member, Delegate, or Resident Commissioner from any committee meeting room shall reside exclusively with the Sergeant-at-Arms and such removal may only be executed at the request of any other such individual.. 7.
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Limit on redistricting after an apportionment of Representatives
The Act entitled An Act for the relief of Doctor Ricardo Vallejo Samala and to provide for congressional redistricting , approved December 14, 1967 ( 2 U.S.C.
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2c ), is amended by adding at the end the following: A State that has been redistricted in the manner provided by the law thereof after an apportionment under section 22(a) of the Act entitled `An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress', approved June 18, 1929 ( 2 U.S.C.
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2a ), may not be so redistricted until after the next apportionment of Representatives under such section 22(a), unless the State is ordered by a Federal court to conduct such subsequent redistricting in order to comply with the Constitution of the United States or to enforce the Voting Rights Act of 1965 ( 42 U.S.C. 1973 et seq. ).. 8.
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Availability of legislation on the Internet
Clause 6(c) of rule XIII of the Rules of the House of Representatives is amended by striking the period at the end of subparagraph (2) and inserting a semicolon and by adding at the end the following new subparagraph: (3) a rule or order eliminating the reading in full of any bill, resolution, conference report, or amendment unless such measure is available to all Members and made available to the general public by means of the Internet for at least 24 hours before its consideration.. 9.
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Bribery prohibited on House floor
The Congress hereby reiterates that the bribery of a Member of Congress on the floor of the House of Representatives or the Senate is a violation of section 201 (bribery of public officials and witnesses) of title 18, United States Code, and should be prosecuted whenever it occurs. 10.
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Hacking into other Members’ computer files prohibited
Congress hereby reiterates that accessing a computer of a Member of Congress without authorization or exceeding authorized access is a violation of section 1030 (fraud and related activity in connection with computers) of title 18, United States Code, and should be prosecuted whenever it occurs. 11. Cap on Mailing Expenses of Committees
Rule X of the Rules of the House of Representatives is amended by adding at the end the following new clause: 12. No Committee may expend more than $25,000 for mailing expenses during a session of Congress.. 12.
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Requiring at least one-third of Committee budget to be provided to minority
Rule X of the Rules of the House of Representatives, as amended by section 11, is further amended by adding at the end the following new clause: 13. Of the total amounts provided to any Committee for its expenses (including expenses for staff) during a session of Congress, 1/3 of such amount, or such greater percentage as may be agreed to by the chair and ranking minority member of the Committee, shall be expended at the direction of the ranking minority member.. 13.
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Exercise of rulemaking powers
The provisions of this Act are enacted by the Congress— (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner,
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and to the same extent as in the case of any other rule of such House.
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108hr3933ih
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1. Repeal of continued dumping and subsidy offset
(a) Repeal
Section 754 of the Tariff Act of 1930 ( 19 U.S.C. 1675c ), and the item relating to section 754 in the table of contents for title VII of that Act, are repealed.
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(b) Existing accounts
All amounts remaining, upon the enactment of this Act, in any special account established under section 754(e)(1) of the Tariff Act of 1930 (as in effect on the day before the date of the enactment of this Act) shall be deposited in the general fund of the Treasury.
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1. Findings
Congress makes the following findings: (1) Thurgood Marshall, the grandson of a slave, was born in Baltimore, Maryland on July 2, 1908. (2) In his youth, Thurgood Marshall developed an interest in the Constitution and the rule of law. (3) Despite graduating from Lincoln University in Pennsylvania in 1930 with honors, Thurgood Marshall was denied acceptance at the all-white University of Maryland Law School because he was an African American.
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(4) Thurgood Marshall instead attended law school at Howard University, the country’s most prominent black university, and graduated first in his class in 1933. (5) From 1940 to 1961, Thurgood Marshall served as the legal director of the National Association for the Advancement of Colored People (NAACP). (6) Beginning with the case of Chambers v. Florida in 1940, Thurgood Marshall argued 32 cases before the Supreme Court and won 29 of them, earning more Supreme Court victories than any other individual.
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(7) Under the leadership of Thurgood Marshall, the NAACP fought to abolish segregation in schools and challenged laws that discriminated against African Americans. (8) In 1954, Thurgood Marshall argued Brown v. Board of Education before the Supreme Court, a case which resulted in the famous decision that declared racial segregation in public schools unconstitutional, overturning the 1896 decision in Plessy v. Ferguson.
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(9) In 1961, President John F. Kennedy appointed Thurgood Marshall to the United States Court of Appeals for the 2nd Circuit despite heavy opposition from many southern Senators. (10) Thurgood Marshall served on the United States Court of Appeals for the 2nd Circuit from 1961-1965, during which time he wrote 112 opinions, none of which was overturned on appeal. (11) In 1965, President Lyndon Johnson appointed Thurgood Marshall to the position of Solicitor General, a post he held from 1965-1967.
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(12) In 1967, President Johnson appointed Thurgood Marshall as the first African American Justice to serve on the Supreme Court. (13) During the 24 years he served on the Supreme Court, Thurgood Marshall promoted affirmative action and sought protection for the rights of all Americans, continuing to support integration but also championing the rights of women, children, prisoners, and the homeless. (14) Thurgood Marshall died on January 24, 1993 at the age of 84. 2.
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Congressional gold medal
(a) Presentation authorized
The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design, to the family of Thurgood Marshall, in recognition of the contributions of Thurgood Marshall to the Nation. (b) Design and striking
For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the Secretary ) shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary.
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3. Duplicate medals
The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 2 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. 4. Status of medals
(a) National medals
The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code.
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(b) Numismatic items
For purposes of section 5134 of title 31, Unites States Code, all medals struck under this Act shall be considered to be numismatic items. 5. Authority to use fund amounts; proceeds of sale
(a) Authority to use fund amounts
There is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the costs of the medals struck pursuant to this Act.
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(b) Proceeds of sale
Amounts received from the sale of duplicate bronze medals authorized under section 3 shall be deposited into the United States Mint Public Enterprise Fund.
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108hr3833ih
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1. Short title
This Act may be cited as the Clean Airport Bus Act of 2003. 2. Establishment of pilot program
(a) Establishment
The Secretary of Transportation shall establish a pilot program for awarding grants on a competitive basis to eligible entities for facilitating the use of natural gas buses at public airports through airport bus replacement and fleet expansion programs under this section.
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(b) Requirements
Not later than 3 months after the date of enactment of this Act, the Secretary shall establish and publish in the Federal Register grant requirements on eligibility for assistance, and on management, transfer, and ultimate disposition of buses, including certification requirements to ensure compliance with this Act. (c) Solicitation
Not later than 6 months after the date of enactment of this Act, the Secretary shall solicit proposals for grants under this section. (d) Eligible recipients
A grant shall be awarded under this section only to a public agency responsible for bus service at a public airport.
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(e) Types of Grants
(1) In general
Grants under this section may be for the purposes described in paragraph (2), paragraph (3), or both. (2) Replacement bus grants
A grant under this section may be used for the acquisition of replacement buses pursuant to subsection (f). (3) Fleet expansion bus grants
A grant under this section may be used for the acquisition of not more than 10 buses to expand a fleet of airport buses at any single airport.
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(f) Replacement Bus Grants
(1) Replacement
For each bus acquired under a replacement bus grant, 1 older model year bus shall be retired from active service and crushed as provided in paragraph (2). (2) Bus acquisition
Buses acquired under a replacement bus grant shall be acquired in the following order: (A) First, new buses will replace buses manufactured before model year 1977, and the older buses replaced shall be crushed.
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(B) If all buses manufactured before model year 1977 owned or operated by the grant recipient have been replaced, additional new buses will replace diesel-powered buses manufactured before model year 1991, which shall either— (i) be crushed; or (ii) be exchanged by the grant recipient for buses manufactured before model year 1977 from another bus fleet, with that bus then being crushed. Exchanges made under subparagraph (B)(ii) shall be made without profit or other economic benefit to the grant recipient.
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(3) Priority of grant applications
The Secretary shall give priority to awarding grants to applicants emphasizing the replacement of buses manufactured before model year 1977. (g) Conditions of grant
A grant provided under this section shall include the following conditions: (1) All buses acquired with funds provided under the grant shall be operated as part of the airport bus fleet for which the grant was made for a minimum of 5 years.
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(2) Funds provided under the grant may only be used— (A) to pay the cost, except as provided in paragraph (3), of new natural gas airport buses, including State taxes and contract fees; and (B) to provide— (i) up to 10 percent of the price of the natural gas buses acquired, for necessary natural gas infrastructure if the infrastructure will only be available to the grant recipient; and (ii) up to 15 percent of the price of the natural gas buses acquired, for necessary natural gas infrastructure if the infrastructure will be available to the grant recipient and to other bus fleets.
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(3) The grant recipient shall be required to provide— (A) in the case of a replacement bus acquired as described in subsection (f)(2)(A) to replace a bus manufactured before model year 1977, 10 percent of the total cost of the bus, but not more than $10,000; (B) in the case of a replacement bus acquired as described in subsection (f)(2)(B)(ii) to replace a diesel-powered bus manufactured before model year 1991 for exchange for a bus manufactured before model year 1977, 10 percent of the total cost of the bus,
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but not more than $10,000; and (C) in the case of a replacement bus acquired as described in subsection (f)(2)(B)(i) to replace a diesel-powered bus manufactured before model year 1991, 25 percent of the total cost of the bus, but not more than $25,000. (h) Buses
Funding under a grant made under this section may be used to acquire only new airport buses— (1) with a gross vehicle weight of greater than 14,000 pounds; (2) that are powered by a heavy duty engine;
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(3) that emit not more than— (A) for buses manufactured in model years 2001 and 2002, 2.5 grams per brake horsepower-hour of nonmethane hydrocarbons and oxides of nitrogen and.01 grams per brake horsepower-hour of particulate matter; and (B) for buses manufactured in model years 2003 through 2006, 1.8 grams per brake horsepower-hour of nonmethane hydrocarbons and oxides of nitrogen and.01 grams per brake horsepower-hour of particulate matter;
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and (4) that are powered substantially by electricity (including electricity supplied by a fuel cell), or by liquefied natural gas, compressed natural gas, liquefied petroleum gas, hydrogen, propane, or methanol or ethanol at no less than 85 percent by volume. (i) Deployment and distribution
The Secretary shall seek to the maximum extent practicable to achieve nationwide deployment of natural gas airport buses through the program under this section, and shall ensure a broad geographic distribution of grant awards, with a goal of no State receiving more than 10 percent of the grant funding made available under this section for a fiscal year.
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3. Fuel cell bus development and demonstration program
(a) Establishment of program
The Secretary of Transportation shall establish a program for entering into cooperative agreements with private sector fuel cell bus developers for the development of fuel cell-powered airport buses, and subsequently with not less than 2 public agencies using natural gas-powered airport buses and such private sector fuel cell bus developers to demonstrate the use of fuel cell-powered airport buses.
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(b) Cost Sharing
The non-Federal contribution for activities funded under this section shall be not less than— (1) 20 percent for fuel infrastructure development activities; and (2) 50 percent for demonstration activities and for development activities not described in paragraph (1). (c) Funding
No more than $25,000,000 of the amounts authorized under section 5 may be used for carrying out this section for the period encompassing fiscal years 2004 through 2008.
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(d) Reports to Congress
(1) Initial report
Not later than 3 years after the date of enactment of this Act, the Secretary shall transmit to Congress a report that— (A) evaluates the process of converting natural gas infrastructure to accommodate fuel cell-powered airport buses; and (B) assesses the results of the development and demonstration program under this section. (2) Updated report
Not later than October 1, 2006, the Secretary shall transmit to Congress a updated version of the report transmitted under paragraph (1). 4.
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Definitions
In this Act, the following definitions apply: (1) Airport bus
The term airport bus means a bus operated by a public agency to provide transportation between the facilities of a public airport. (2) Public airport
The term public airport has the meaning such term has under section 47102 of title 49, United States Code. 5.
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Authorization of appropriations
There are authorized to be appropriated to the Secretary of Transportation for carrying out this Act— (1) $40,000,000 for fiscal year 2004; (2) $50,000,000 for fiscal year 2005; (3) $60,000,000 for fiscal year 2006; (4) $70,000,000 for fiscal year 2007; and (5) $80,000,000 for fiscal year 2008.
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1. Short title
This Act may be cited as the American Home Fire Safety Act. 2. Findings and purposes
(a) Findings
Congress makes the following findings: (1) There were 12,800 candle fires in 1998, resulting in 170 deaths, 1,200 civilian injuries, and $174,600,000 in property damage. (2) In 1998, mattress and bedding fires caused 410 deaths, 2,260 civilian injuries, and $255,400,000 in property damage.
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(3) The United States mattress industry has a long history of working closely with safety officials to reduce mattress flammability. For the past 25 years, mattresses have been subject to a Federal flammability standard that requires mattresses to resist ignition by smoldering cigarettes. (4) Nevertheless, in 1998, fires involving mattresses and bedding accessories (which include pillows, comforters, and bedspreads) caused 410 deaths, 2,260 civilian injuries, and $255,400,000 in property damage.
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(5) In many such fires, the bedding accessories are the first products to ignite. Such products have a material impact on the fire’s intensity, duration, and the risk that the fire will spread beyond the room of origin. (6) Upholstered furniture fires were responsible for 520 deaths in 1998, with little statistical change in the number of fires and deaths since 1994.
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(7) While the fire death rates for upholstered furniture fires have dropped during the period 1982 through 1994 for both California and the entire Nation, death rates in California, which has stricter standards, have dropped by a larger percentage than the nation as a whole. (8) Children, the elderly, and lower income families are at higher risk of death and injury from upholstered furniture fires caused primarily by the increasing incidents of children playing with matches, candles, lighters, or other small open flames.
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(9) In view of the increased incidents of fire, it is important for Congress to establish fire safety standards for candles, mattresses, bed clothing, and upholstered furniture. (10) The Consumer Product Safety Commission is the appropriate agency to develop and enforce such standards. (11) The Environmental Protection Agency should continue to review and determine the suitability of any materials used to meet any fire safety standard established as a result of this Act.
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(b) Purposes
The purposes of this Act are— (1) to protect the public against death and injury from fires associated with candles, mattresses, bed clothing, and upholstered furniture; and (2) to require the Consumer Product Safety Commission to develop and issue comprehensive uniform safety standards to reduce the flammability of candles, mattresses, bed clothing, and upholstered furniture. 3.
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Consumer product fire safety standards
(a) In general
Within 90 days after the date of enactment of this Act, the Consumer Product Safety Commission shall promulgate, as final consumer product safety standards under section 9 of the Consumer Product Safety Act ( 15 U.S.C.
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2058 ), the following fire safety standards: (1) Upholstered furniture
A fire safety standard for upholstered furniture that is substantially the same as the provisions of Technical Bulletin 117, Requirements, Test Procedure and Apparatus for Testing the Flame and Smolder Resistance of Upholstered Furniture , published by the State of California, Department of Consumer Affairs, Bureau of Home Furnishings and Thermal Insulation, February 2002.
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(2) Mattresses
A fire safety standard for mattresses that is substantially the same as Technical Bulletin 603, Requirements and Test Procedure for Resistance of a Residential Mattress/Box Spring Set to a Large Open Flame , published by the State of California, Department of Consumer Affairs, Bureau of Home Furnishings and Thermal Insulation, February 2003.
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(3) Bedclothing
A fire safety standard for bedclothing that is substantially the same as the October 22, 2003, draft for task force review of Technical Bulletin 604, Test Procedure and Apparatus for the Flame Resistance of Filled Bedclothing , published by the State of California, Department of Consumer Affairs, Bureau of Home Furnishings and Thermal Insulation, October, 2003.
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(4) Candles
A fire safety standard for candles that is substantially the same as Provisional Standard PS 59-02, Provisional Specification for Fire Safety for Candles , ASTM International, as that provisional standard existed on the date of enactment of this Act. (b) Application of certain promulgation requirements
The requirements of subsections (a) through (f) of section 9 of the Consumer Product Safety Act ( 15 U.S.C. 2058 ), and section 36 of that Act ( 15 U.S.C.
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2083 ), do not apply to the consumer product safety standards required to be promulgated by subsection (a) of this section.
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1. Short title
This Act may be cited as the Sand Creek Massacre National Historic Site Trust Act of 2004. 2. Declaration of policy
To further the purposes of the Sand Creek Massacre National Historic Site Establishment Act of 2000 (16 U.S.C. 461 note; Public Law 106–465), this Act authorizes the United States to take certain land in Kiowa County, Colorado, owned by the Cheyenne and Arapaho Tribes of Oklahoma, into trust. 3.
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Definitions
In this Act: (1) Secretary
The term Secretary means the Secretary of the Interior. (2) Tribe
The term Tribe means the Cheyenne and Arapaho Tribes of Oklahoma, a federally recognized Indian tribe. (3) Trust property
The term trust property means the property described in section 4(b). 4.
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Transfer of land held in trust for the Cheyenne and Arapaho Tribes of Oklahoma
(a) Land held in trust for the Cheyenne and Arapaho Tribes of Oklahoma
(1) Conveyance
Not later than 180 days after the date of enactment of this Act, the Tribe shall convey title to the trust property to the United States.
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(2) Trust
All right, title, and interest of the United States in and to the trust property, including all improvement on the trust property and appurtenances to the trust property and rights to all minerals, are declared to be held by the United States in trust for the Tribe. (b) Land description
The trust property is the property formerly known as the Dawson Ranch , consisting of approximately 1,465 total acres presently under the jurisdiction of the Tribe, situated within Kiowa County, Colorado, and more particularly described as follows: (1) The portion of sec. 24, T.
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17 S., R. 46 W., Colorado Principal Meridian, that is the Eastern half of the NW quarter, the SW quarter of the NE quarter, the NW quarter of the SE quarter, Colorado Principal Meridian. (2) All of sec. 25, T. 17 S., R. 46 W., Colorado Principal Meridian. (3) All of sec. 30, T. 17 S., R. 45 W., Colorado Principal Meridian. 5.
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Survey of boundary line; publication of description
(a) Survey of boundary line
To accurately establish the boundary of the trust property, the Secretary shall, not later than 180 days after the date of enactment of this Act, cause a survey to be conducted by the Office of Cadastral Survey of the Bureau of Land Management of the boundary lines described in section 4(b).
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(b) Publication of land description
(1) In general
On completion of the survey under subsection (a), and acceptance of the survey by the representatives of the Tribe, the Secretary shall cause the full metes and bounds description of the lines, with a full and accurate description of the trust property, to be published in the Federal Register. (2) Effect
The descriptions shall, on publication, constitute the official descriptions of the trust property. 6. Administration of trust property
(a) In general
The trust property is declared to be part of the Indian reservation of the Tribe.
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(b) Administration
The trust property shall be administered in perpetuity by the Secretary in accordance with the law generally applicable to property held in trust by the United States for the benefit of Indian tribes and in accordance with the Sand Creek Massacre National Historic Site Establishment Act of 2000 (16 U.S.C. 461 note; Public Law 106–465). 7. Religious and cultural uses
(a) In general
The trust property shall be used only for historic, religious, or cultural uses that are compatible with the use of the land as a national historic site.
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(b) Duty of the Secretary
The Secretary shall take such action as is necessary to ensure that the trust property is used only in accordance with this section.
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1. Negotiation and disclosure of lowest possible prices for prescription drugs under medicare
Section 1860D–11 of the Social Security Act, as added by section 101(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), is amended by striking subsection (i) (relating to noninterference) and by inserting the following: (i) Negotiation and disclosure of best prices
(1) Negotiation
In order to ensure that beneficiaries enrolled under prescription drug plans and MA–PD plans pay the lowest possible price,
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the Secretary shall have and exercise authority similar to that of the Secretary of Veterans Affairs, the Secretary of Defense, and the heads of other Federal agencies and departments that purchase prescription drugs in bulk to negotiate contracts with manufacturers of covered part D drugs, consistent with the requirements and in furtherance of the goals of providing quality care and containing costs under this part. In exercising such authority, the Secretary shall negotiate the best possible prices for such drugs. (2) Disclosure
The Secretary shall widely disseminate information on the prices for covered part D drugs negotiated under paragraph (1)..
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1. Perry B. Duryea, Jr. Post Office
(a) Designation
The facility of the United States Postal Service located at 73 South Euclid Avenue in Montauk, New York, shall be known and designated as the Perry B. Duryea, Jr. Post Office. (b) References
Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Perry B. Duryea, Jr. Post Office.
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