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(6) The extent to which United States assistance was provided or United States personnel were used to support, directly or indirectly, the forces opposed to the government of President Aristide, including the extent to which United States bilateral assistance was channeled through nongovernmental organizations that were directly or indirectly associated with political groups actively involved in fomenting hostilities or violence toward the government of President Aristide. (7) The involvement of the Central Intelligence Agency, directly or indirectly, in operations that contributed to the overthrow of the democratically-elected Government of Haiti.
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(8) The impact of the International Republican Institute, the National Democratic Institute for International Affairs, and other organizations funded by the United States Agency for International Development on the political process in Haiti. (9) The political and economic impact on Haiti of the decision by the United States Government to discontinue all United States bilateral assistance to Haiti and United States efforts to block loans and support for Haiti from international financial institutions. (10) The broader implications for Haiti and the Caribbean region of the events culminating in the coup d'état.
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(b) Scope of Duties
In carrying out the duties described in subsection (a), the Commission may examine the actions and representations of the current Administration as well as prior Administrations. 3.
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Composition of commission
(a) Members
The Commission shall be composed of 10 members, of whom— (1) 3 members shall be appointed by the majority leader of the Senate; (2) 2 members shall be appointed by the Speaker of the House of Representatives; (3) 2 members shall be appointed by the minority leader of the Senate; and (4) 3 members shall be appointed by the minority leader of the House of Representatives.
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(b) Qualification Requirement; Deadline for Appointment; Meetings
(1) Nongovernmental appointees
An individual appointed to the Commission may not be an officer or employee of the Federal Government or any State or local government. (2) Deadline for appointment
All members of the Commission shall be appointed not later than 45 days after the date of the enactment of this Act. (3) Meetings
The Commission shall meet at the call of the Chairperson or a majority of its members.
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(c) Chairperson; Vice Chairperson
The Chairperson and Vice Chairperson of the Commission shall be elected by the members of the Commission. (d) Quorum; vacancies
6 members of the Commission shall constitute a quorum. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. 4.
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Powers of commission
(a) Hearings and Sessions
(1) In general
The Commission shall, for the purpose of carrying out this Act, hold public hearings and meetings to the extent appropriate, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (2) Additional requirements
(A) Public hearings
Any public hearings of the Commission shall be conducted in a manner consistent with the protection of information provided to or developed for or by the Commission as required by any applicable statute, regulation, or Executive order.
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(B) Public versions of reports
The Commission shall release public versions of the reports required under section 8. (b) Subpoena Power
(1) In general
The Commission may issue a subpoena to require the attendance and testimony of witnesses and the production of evidence relating to any matter under investigation by the Commission.
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(2) Failure to obey an order or subpoena
If a person refuses to obey a subpoena issued under paragraph (1), the Commission may apply to a United States district court for an order requiring that person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt.
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(3) Service of subpoenas
The subpoenas of the Commission shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. (c) Contract Authority
The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties of this Act. (d) Information from federal agencies
The Commission may secure directly from any Federal department or agency information necessary to enable it to carry out this Act.
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Upon request of the Chairperson of the Commission, the head of that department or agency shall provide that information to the Commission. (e) Assistance from federal agencies
(1) General services administration
The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the Commission’s duties.
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(2) Other departments and agencies
In addition to the assistance described in paragraph (1), departments and agencies of the United States may provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law. (f) Gifts
The Commission may accept, use, and dispose of gifts or donations of services or property. (g) Postal services
The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. 5.
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Staff of commission
(a) Appointment and compensation
The Chairperson of the Commission, in consultation with the Vice Chairperson of the Commission, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its duties, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such Act relating to classification and General Schedule pay rates,
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except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. (b) Detailees
Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption.
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(c) Consultant services
The Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. 6.
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Compensation and travel expenses
(a) Compensation
Each member of the Commission may be compensated at a rate not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission.
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(b) Travel expenses
While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. 7.
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Security clearances for commission members and staff
(a) In general
Subject to subsection (b), the appropriate Federal agencies or departments shall cooperate with the Commission in expeditiously providing to the Commission members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements. (b) Exception
No person shall be provided with access to classified information under this Act without the appropriate required security clearance access. 8.
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Reports of commission; termination
(a) Interim reports
The Commission may submit to Congress and the President interim reports containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. (b) Final report
Not later than 18 months after the date of the enactment of this Act, the Commission shall submit to Congress and the President a final report containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members.
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(c) Form of report
Each report prepared under this section shall be submitted in unclassified form, but may contain a classified annex. 9. Termination
(a) In general
The Commission, and all the authorities of this Act, shall terminate 60 days after the date on which the final report is submitted under section 8(b). (b) Administrative activities before termination
The Commission may use the 60-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the final report. 10.
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Authorization of Appropriations
(a) In General
There is authorized to be appropriated to carry out this Act $5,000,000 for fiscal year 2005. (b) Availability
Amounts appropriated pursuant to the authorization of appropriations under subsection (a) are authorized to remain available until the date on which the Commission terminates pursuant to section 9(a).
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1. Chloroneb
(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: 9902.29.48 Chloroneb (CAS No.
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2675–77–6) (provided for in subheading 2931.00.30) Free Free No change On or before 12/31/2007 (b) Effective date
The amendment made by subsection (a) applies with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.
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1. Myron V. George Post Office
(a) Designation
The facility of the United States Postal Service located at 410 Huston Street in Altamont, Kansas, shall be known and designated as the Myron V. George 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 Myron V. George Post Office.
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1. Short title
This Act may be cited as Foreign Credit Reform Act of 2004. 2. Findings
Congress finds the following: (1) Unsustainable debt in the world’s poorest countries constitutes a serious impediment to the development of stable democratic political structures, broad-based economic growth, poverty eradication, and food security. (2) Financing should be appropriate for the purposes for which it is used and should, to the maximum extent possible, generate a return sufficient to pay the principal and interest due.
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As such, long-term lending for perishable goods, such as food commodities, may be construed as inappropriate to the extent that it places a long-term debt burden on the recipient country without generating sufficient revenues with which to service the debt. (3) Since 1955, the United States has extended more than $27,800,000,000 in loans for food under title I of the Agricultural Trade Development and Assistance Act of 1954 (commonly referred to as PL 480 ), $10,632,858,000 of which remained outstanding at the end of 2002.
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(4) As of December 31, 2002, arrears on principal and interest payments under title I of PL 480 totaled $1,241,472,000. (5) Since 1992 the United States provided the independent states of the former Soviet Union with $1,601,500,000 in loans for food under title I of PL 480, for which these countries are estimated to have paid $112,748,000 in principal and interest in 2003.
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Russia alone has received $1,035,000,000 in credits, paying an estimated $79,695,000 in principal and interest in 2003. (6) Rising debt stocks and debt-to-export ratios may undermine a country’s credit worthiness and jeopardize its ability to borrow from commercial lenders. (7) Debt reduction contributes marginally to a country’s development prospects if new debt is allowed to create the next generation of heavy indebtedness.
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Therefore, President Bush’s initiative, adopted by Group of Seven (G–7) leaders at the June 2002 summit, to increase World Bank grant assistance to the most heavily indebted poor countries is a crucial step toward alleviating poverty, curbing future unsustainable debt, and providing for urgent human needs in countries in which people live on less than one dollar a day. Replacing loans with targeted grants will eliminate the need for governments to repay long-term investments in people, especially for education, health, nutrition, water supply, and sanitation purposes.
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(8) The G–7 agreement at the June 2002 summit to fully fund the remaining costs of the enhanced Heavily Indebted Poor Country (HIPC) initiative is essential to ensuring that eligible debt-distressed nations receive full benefits under the HIPC debt relief measure. (9) The United States has been a leading voice for more than a decade in international debt reduction initiatives for poor countries, including a 1991 initiative to cancel $689,000,000 in food loans under title I of PL 480 owed by 15 sub-Saharan African countries.
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(10) The United States must continue its leadership role to encourage full participation by all Paris Club creditors in multilateral debt negotiations. (11) Several poor countries that are not eligible for enhanced HIPC debt reduction terms face a severe debt overhang that undermines increased resource allocation for development and discourages productive investment. (12) The World Bank, which has provided over $1,700,000,000 since 1986 to fight the spread of HIV/AIDS, should continue to place the highest priority on programs to combat infectious diseases, including HIV/AIDS, malaria, and tuberculosis.
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(13) Debt reduction is an important, but only partial solution to long-term development. Promoting an environment that will stimulate internal economic growth, promote trade and external investment, and encourage responsible governance are the most important ingredients for sustainable growth. 101. Support for the HIPC trust fund
Section 801(b)(1) of H.R.
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5526 of the 106th Congress, as introduced on October 24, 2000, and enacted into law by section 101(a) of Public Law 106–429 (and contained in the appendix thereto) is amended by striking 2003, $435,000,000 and inserting 2006, such sums as may be necessary. 102. Debt service reinvested into the Global Fund
The Bretton Woods Agreements Act (22 U.S.C. 286–286oo) is further amended by adding at the end the following: 64.
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Debt service reinvested into the Global Fund
(a) Negotiation of agreement
The Secretary of the Treasury shall seek to negotiate an agreement among the member countries of the Bank and the Fund, under which, on approval by the Global Fund of a grant proposal originating from an eligible country, the Bank and the Fund shall make a contribution to the Global Fund in an amount equal to the amount of the grant award for the year,
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except that the total amount of the contributions so made with respect to the country during a year shall not exceed the total amount of debt service payments made by the country to the Bank and the Fund during the year. (b) Definitions
In this section: (1) Global Fund
The term Global Fund means the public-private partnership known as the Global Fund to Fight AIDS, Tuberculosis and Malaria that was established upon the call of the United Nations Secretary General in April 2001.
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(2) Eligible country
The term eligible country means a country— (A) which has received debt relief under the Enhanced HIPC Initiative; and (B) in which the prevalence of HIV/AIDS among individuals who have attained 15 years of age but have not attained 49 years of age is not less than 5 percent. (3) Enhanced HIPC Initiative
The term Enhanced HIPC Initiative means the multilateral debt initiative for heavily indebted poor countries presented in the Report of G–7 Finance Ministers on the Cologne Debt Initiative to the Cologne Economic Summit, Cologne, June 18–20, 1999.
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(4) HIV/AIDS
The term HIV/AIDS means, with respect to an individual, an individual who is infected with HIV or living with AIDS. (5) HIV
The term HIV means the human immunodeficiency virus, the pathogen that causes AIDS. (6) AIDS
The term AIDS means the acquired immune deficiency syndrome.. 64. Debt service reinvested into the Global Fund
(a) Negotiation of agreement
The Secretary of the Treasury shall seek to negotiate an agreement among the member countries of the Bank and the Fund, under which,
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on approval by the Global Fund of a grant proposal originating from an eligible country, the Bank and the Fund shall make a contribution to the Global Fund in an amount equal to the amount of the grant award for the year, except that the total amount of the contributions so made with respect to the country during a year shall not exceed the total amount of debt service payments made by the country to the Bank and the Fund during the year.
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(b) Definitions
In this section: (1) Global Fund
The term Global Fund means the public-private partnership known as the Global Fund to Fight AIDS, Tuberculosis and Malaria that was established upon the call of the United Nations Secretary General in April 2001. (2) Eligible country
The term eligible country means a country— (A) which has received debt relief under the Enhanced HIPC Initiative; and (B) in which the prevalence of HIV/AIDS among individuals who have attained 15 years of age but have not attained 49 years of age is not less than 5 percent.
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(3) Enhanced HIPC Initiative
The term Enhanced HIPC Initiative means the multilateral debt initiative for heavily indebted poor countries presented in the Report of G–7 Finance Ministers on the Cologne Debt Initiative to the Cologne Economic Summit, Cologne, June 18–20, 1999. (4) HIV/AIDS
The term HIV/AIDS means, with respect to an individual, an individual who is infected with HIV or living with AIDS. (5) HIV
The term HIV means the human immunodeficiency virus, the pathogen that causes AIDS.
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(6) AIDS
The term AIDS means the acquired immune deficiency syndrome. 201. Actions to provide bilateral debt relief
Section 501(i) of H.R. 3425 of the 106th Congress, as introduced on November 17, 1999, and enacted into law by section 1000(a)(5) of Public Law 106–113 (and contained in Appendix E thereto), is amended by striking 2004 and inserting 2005. 202.
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Debt forgiveness under title I of Public Law 480
(a) Debt forgiveness
For each of the fiscal years 2005 and 2006, the President is authorized and encouraged to use the authority of section 411 of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1736e) to waive payments of principal and interest that a country described in subsection (b) would otherwise be required to make to the Commodity Credit Corporation under dollar sales agreements under title I of such Act (7 U.S.C. 1701 et seq.).
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(b) Country described
A country referred to in subsection (a) is a country— (1) which has outstanding public and publicly guaranteed debt, the net present value of which on December 31, 2003, was at least 150 percent of the value of exports of the country in 2003; or (2) whose debt service payments on public and publicly guaranteed debt exceeded 8 percent of the value of its exports in 2003.
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(c) Applicable provisions
Except to the extent inconsistent with the provisions of this section, section 411 of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1736e) (except subsection (e) of such section) shall apply with respect to the authority to waive payments of principal and interest under this section to the same extent and in the same manner as such section applies to the authority to waive payments of principal and interest under section 411 of such Act.
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(d) Authorization of appropriations
For the cost (as defined in section 502 of the Federal Credit Reform Act of 1990 ) for the reduction or cancellation of any debt pursuant to this section, there are authorized to be appropriated to the President for each of the fiscal years 2005 and 2006 such sums as may be necessary. 203. Miscellaneous amendments
(a) Financing assistance under title I of Public Law 480
Section 101(b) of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C.
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1701(b)) is amended— (1) by striking To carry out the policies and inserting the following: (1) In general
To carry out the policies ; (2) by striking developing countries and inserting developing countries described in paragraph (2) ;
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and (3) by adding at the end the following: (2) Developing country described
A developing country referred to in paragraph (1) is a developing country that meets the following requirements: (A) The country is not prohibited from receiving assistance under the Foreign Assistance Act of 1961 by reason of the application of section 620(q) of such Act and irrespective of whether or not the President has determined that assistance to the country is in the national interest of the United States.
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(B) The country is not in default, during a period in excess of six calendar months, in payment to the United States of principal or interest on any loan made to such country under this title or under any other provision of law. (C) The country is not a low-income country or lower-middle income country, as defined by the International Bank for Reconstruction and Development in its World Development Indicators Report (issued in April 2004 and updated annually).
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(D) The country is not a severely-indebted country or moderately-indebted country as defined by the International Bank for Reconstruction and Development in its World Development Indicators Report (issued in April 2004 and updated annually).. (b) Economic assistance under the Foreign Assistance Act of 1961
Section 620(q) of the Foreign Assistance Act of 1961 (22 U.S.C.
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2370(q)) is amended— (1) by inserting after under this Act the second place it appears the following: or under title I of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1701 et seq.) ; and (2) by adding at the end the following: A determination by the President under the preceding sentence that assistance to a country is in the national interest of the United States shall be effective for a period not to exceed one calendar year..
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1. Short title
This Act may be cited as the Screening Abdominal Aortic Aneurysms Very Efficiently (SAAAVE) Act. 2. Medicare coverage of screening ultrasound for abdominal aortic aneurysms
(a) In general
Section 1861 of the Social Security Act ( 42 U.S.C. 1395x ), as amended by sections 611, 612, 613, 642, and 706 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ),
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is amended— (1) in subsection (s)(2)— (A) by striking and at the end of subparagraph (Y); (B) by adding and at the end of subparagraph (Z); and (C) by adding at the end the following new subparagraph: (AA) screening ultrasound for abdominal aortic aneurysm (as defined in subsection (bbb)) for an individual who has not been previously furnished such a screening ultrasound and who— (i) has a family history of abdominal aortic aneurysm; (ii) manifests risk factors for cardiovascular disease (such as smoking or hypertension);
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(iii) evidences arthrosclerotic vascular disease; or (iv) has other risk factors for abdominal aortic aneurysm as the Secretary may specify; and (2) by adding at the end the following new subsection: (bbb) Screening ultrasound for abdominal aortic aneurysm
The term screening ultrasound for abdominal aortic aneurysm means— (1) a procedure using sound waves (or such other procedures using alternative technologies, of commensurate accuracy and cost, that the Secretary may specify) provided for the early detection of abdominal aortic aneurysm,
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and (2) includes a physician’s interpretation of the results of the procedure. (b) Inclusion of screening ultrasound for abdominal aortic aneurysm in screening services for which education, counseling, and referral is provided for under benefits for initial preventive physical examination
Section 1861(ww)(2) of the Social Security Act ( 42 U.S.C.
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1395x(ww)(2) ), as added by section 611(b) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), is amended by adding at the end the following new subparagraph: (L) Screening ultrasound for abdominal aortic aneurysm as defined in section 1861(bbb).. (c) Payment for screening ultrasound for abdominal aortic aneurysm
(1) Section 1848(j)(3) of the Social Security Act ( 42 U.S.C.
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1395w–4(j)(3) ) is amended by inserting (2)(AA) after (2)(W). (d) Frequency and quality standards
Section 1862(a)(1) of such Act ( 42 U.S.C. 1395m(a)(1) ), as amended by sections 303, 611, 612, and 613 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, is amended— (1) by striking and at the end of subparagraph (L);
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(2) by striking the semicolon at the end of subparagraph (M) and inserting ; and ; and (3) by adding at the end the following new subparagraph: (N) in the case of screening ultrasound for abdominal aortic aneurysm— (i) which is performed more frequently than is provided for under section 1861(s)(2)(AA); or (ii) which is performed by an individual or diagnostic laboratory that does not meet quality assurance standards established by the Secretary, including with respect to individuals performing screening ultrasound for abdominal aortic aneurysm (other than physicians) and diagnostic laboratories,
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that the individual or laboratory is certified by the appropriate State licensing or certification agency or, in the case of a services performed in a State that does not license or certify such individuals or laboratories, by a national certification or accreditation organization recognized by the Secretary. (e) Non-application of part b deductible
Section 1833(b) of such Act ( 42 U.S.C.
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1395l(b) ) is amended— (1) by striking and after section 1861(jj)), ; and (2) by inserting , and (7) such deductible shall not apply with respect to screening ultrasound for abdominal aortic aneurysm (as defined in section 1861(bbb)) after 1861(nn)).
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(f) Consultation in establishment of quality assurance standards and designation of recognition of national accreditation organizations
The Secretary shall consult with national medical, vascular technologist and sonographer societies in establishing— (1) risk factors under section 1861(s)(2)(A)(iv) of the Social Security Act, as added by subsection (a)(1)(C), and (2) quality assurance standards under section 1862(a)(1)(N)(ii) of such Act, as added by subsection (d)(3).
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(g) Effective date
The amendments made by this section shall apply to screening ultrasounds for abdominal aortic aneurysm performed on or after January 1, 2005. 3. National educational and information campaign
(a) In general
After consultation with national medical, vascular technologist and sonographer societies, the Secretary of Health and Human Services shall carry out a national education and information campaign to promote awareness among health care practitioners and the general public with respect to the importance of early detection and treatment of abdominal aortic aneurysms.
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(b) Use of funds
The Secretary may use amounts appropriated pursuant to this subsection to make grants to national medical, vascular technologist, and sonographer societies (in accordance with procedures and criteria specified by the Secretary) to enable them to educate practitioners and providers about matters relating to such aneurysms. (c) Authorization of appropriations
There is authorized to be appropriated for fiscal year 2005 and each fiscal year thereafter such sums as may be necessary to carry out this section.
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1. Disposition of Oak Hill Property
(a) In General
The Oak Hill property shall be disposed of as follows: (1) The portion of the property which is located west of the Baltimore-Washington Parkway shall be transferred to the jurisdiction of the Director of the National Park Service, who shall use such portion for parkland purposes.
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(2) Subject to subsection (b), the portion of the property which is located east of the Baltimore-Washington Parkway and 200 feet and further north of the Patuxent River shall be transferred to the Secretary of the Army (acting through the Chief of Engineers) for use by the Director of the National Security Agency, who may lease such portion to the District of Columbia.
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(3) The portion of the property which is located east of the Baltimore-Washington Parkway and south of the portion described in paragraph (2) shall be transferred to the jurisdiction of the Administrator of General Services, who shall in turn convey such portion to Anne Arundel County, Maryland, in accordance with subsection (c).
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(b) Payment For Construction of New Juvenile Detention Facility for District of Columbia
As a condition of the transfer under subsection (a)(2), the Director of the National Security Agency shall enter into an agreement with the Mayor of the District of Columbia under which— (1) the juvenile detention facility for the District of Columbia currently located on the Oak Hill property shall be closed; and (2) subject to appropriations, the Agency shall pay for the construction of a replacement facility at a site to be determined, with priority given to a location within the District of Columbia.
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(c) Conveyance of Portion of Property to Anne Arundel County
(1) In general
The Administrator of General Services shall convey, without consideration, to Anne Arundel County, Maryland, all right, title, and interest of the United States in and to that portion of the Oak Hill property referred to in subsection (a)(3). (2) Terms and conditions of conveyance
The conveyance under paragraph (1) shall be carried out under such terms and conditions as may be agreed to by the Administrator and Anne Arundel County, except that,
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as a condition of the conveyance— (A) Anne Arundel County shall agree to dedicate a portion of the property which is adjacent to the Patuxent River to parkland and recreational use; and (B) Anne Arundel County shall agree to reimburse the National Security Agency for the amounts paid by the Agency under subsection (b) for the construction of a new juvenile detention facility for the District of Columbia, but only if the County makes 25% or more of the property conveyed under this subsection available for purposes other than open space or recreational use. 2.
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Oak Hill Property Defined
In this Act, the term Oak Hill property means the Federal property consisting of approximately 800 acres near Laurel, Maryland, a portion of which is currently used by the District of Columbia as a juvenile detention facility, and which is shown on Map Number 20 in the records of the Department of Assessments and Taxation, Tax Map Division, of Anne Arundel County.
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1. Boundary adjustment study
(a) Definitions
For the purposes of this Act: (1) Barrett’s Farm
The term Barrett’s Farm means the Colonel James Barrett Farm listed on the National Register of Historic Places, including the house and buildings on the approximately 6 acres of land in Concord, Massachusetts. (2) Secretary
The term Secretary means the Secretary of the Interior.
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(b) Study
Not later than 1 year after the date funds are made available, the Secretary shall conduct a boundary study to evaluate the significance of Barrett’s Farm in Concord, Massachusetts, as well as the suitability and feasibility of its inclusion in the National Park System as part of Minute Man National Historical Park. (c) Content of study
The study shall include an analysis of the following: (1) The significance of Barrett’s Farm in relation to the Revolutionary War. (2) Opportunities for public enjoyment of the site as part of the Minute Man National Historical Park.
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(3) Any operational and management issues that need to be considered if Barrett’s Farm were added to the Minute Man National Historical Park. (4) A determination of the feasibility of administering Barrett’s Farm considering its size, configuration, ownership, costs, and other factors, as part of Minute Man National Historical Park. (5) An evaluation of the adequacy of other alternatives for management and resource protection of Barrett’s Farm.
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(d) Submission of report
Upon completion of the study, the Secretary shall submit a report on the findings of the study to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives. 2. Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this Act.
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108hr4337ih
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1. Hangar construction
Section 47107(a)(21) of title 49, United States Code, is amended by inserting (of not less than 75 years) after long-term lease.
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108hr5043ih
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1. Short title
This Act may be cited as the Minimum Wage Indexation Act of 2004. 2. Minimum wage indexation
(a) In general
Section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) ) is amended to read as follows: (1) except as otherwise provided in this section, not less than the following— (A) beginning on the date that is the 60th day after the date of enactment of the Minimum Wage Indexation Act of 2004, $5.
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85 an hour; (B) beginning on the date that is 365 days after that 60th day, $6.45 an hour; (C) beginning on the date that is 365 days after the date set forth in subparagraph (B), $7.00 an hour; and (D) beginning on the first day of each successive 365-day period commencing after the date set forth in subparagraph (C), $7.
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00 an hour plus an increase determined by the Secretary to be in proportion to the increase in the Consumer Price Index for all urban consumers for the period between the date referred to in subparagraph (C) and the first day of each such 365-day period; (b) Effective date
The amendment made by subsection (a) shall take effect 60 days after the date of enactment of this Act.
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108hr5325ih
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1. Short title
This Act may be cited as the Guaranteeing Airport Physical Screening Standards Act of 2004. 2. Screening of all individuals and property entering secure areas of an airport
(a) Deadline
Section 44903(h)(4)(A) of title 49, United States Code, is amended by striking as soon as practicable after the date of enactment of this subsection and inserting not later than 120 days after the date of enactment of the Guaranteeing Airport Physical Screening Standards Act of 2004.
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(b) Screening and inspection requirements
Section 44903(h)(4)(B) of such title is amended by inserting before the semicolon at the end the following: and will include at a minimum physical screening for metal objects. (c) Interim measures
The Secretary shall require random screenings and inspections of individuals, goods, property, vehicles, and other equipment at the entrances of, and within, secure areas of an airport until such date as the Secretary has fully complied with the requirements of section 44903(h)(4)(A) of such title.
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The random screenings and inspections shall be conducted in a manner that assures the level of protection described in section 44903(h)(4)(B) of such title, as amended by this section. The random screenings and inspections shall be unannounced and shall be conducted 24 hours a day. 3. Hiring of screeners
(a) Number of screeners
Notwithstanding any other provision of law, the Secretary of Homeland Security may hire the number of passenger and baggage screeners that the Secretary determines necessary to ensure aviation security.
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(b) Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this section.
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108hr4142ih
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1. Prohibition of section 1115 waivers for coverage of childless adults under SCHIP
(a) In general
Section 2107 of the Social Security Act ( 42 U.S.C. 1397gg ) is amended— (1) in subsection (e), by striking The following sections and inserting Subject to subsection (f), the following sections ; and (2) by adding at the end the following new subsection: (f) Limitation on coverage of childless adults
Under subsection (e)(2)(A),
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the Secretary may not approve a project under section 1115 that provides for coverage of nonpregnant childless adults with funds made available under this title. (b) Effective date
The amendment made by subsection (a) shall apply to the approval of projects under section 1115 of the Social Security Act ( 42 U.S.C. 1315 ) on or after March 23, 2004, and to the approval of any extension or expansion of a project under such section that was approved before such date.
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108hr5153ih
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1. Short title
This Act may be cited as the Native American Veterans Home Loan Act of 2004. 2. Extension of Native American veteran housing loan pilot program
Section 3761(c) of title 38, United States Code, is amended by striking December 31, 2005 and inserting December 31, 2010.
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108hr5067ih
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1. Short title
This Act may be cited as the Telecommuter Tax Fairness Act of 2004. 2. Prohibition on double taxation of telecommuters
(a) In general
Chapter 4 of title 4, United States Code, is amended by adding at the end the following new section: 127.
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Prohibition on double taxation of telecommuters and others who work at home
(a) Physical presence required
(1) In general
In applying its income tax laws to the salary of a nonresident individual, a State may only deem such nonresident individual to be present in or working in such State for any period of time if such nonresident individual is physically present in such State for such period and such State may not impose nonresident income taxes on such salary with respect to any period of time when such nonresident individual is physically present in another State.
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(2) Determination of physical presence
For purposes of determining physical presence, no State may deem a nonresident individual to be present in or working in such State on the grounds that such nonresident individual is present at or working at home for the nonresident individual’s convenience. (b) Definitions
As used in this section— (1) State
The term State includes any political subdivision of a State, the District of Columbia, and the possessions of the United States. (2) Income tax
The term income tax has the meaning given such term by section 110(c).
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(3) Income tax laws
The term income tax laws includes any statutes, regulations, administrative practices, administrative interpretations, and judicial decisions. (4) Nonresident individual
The term nonresident individual means an individual who is not a resident of the State applying its income tax laws to such individual. (5) Salary
The term salary means the compensation, wages, or other remuneration earned by an individual for personal services performed as an employee or as an independent contractor. (c) No inference
Nothing in this section shall be construed as bearing on— (1) any tax laws other than income tax laws,
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(2) the taxation of corporations, partnerships, trusts, estates, limited liability companies, or other entities, organizations, or persons other than nonresident individuals in their capacities as employees or independent contractors, (3) the taxation of individuals in their capacities as shareholders, partners, trust and estate beneficiaries, members or managers of limited liability companies, or in any similar capacities, and (4) the income taxation of dividends, interest, annuities, rents, royalties, or other forms of unearned income.
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(b) Clerical amendment
The table of sections of such chapter 4 is amended by adding at the end the following new item: 127. Prohibition on double taxation of telecommuters and others who work at home. (c) Effective date
The amendments made by this section shall take effect on the date of enactment of this Act. 127.
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108hr5067ih
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Prohibition on double taxation of telecommuters and others who work at home
(a) Physical presence required
(1) In general
In applying its income tax laws to the salary of a nonresident individual, a State may only deem such nonresident individual to be present in or working in such State for any period of time if such nonresident individual is physically present in such State for such period and such State may not impose nonresident income taxes on such salary with respect to any period of time when such nonresident individual is physically present in another State.
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(2) Determination of physical presence
For purposes of determining physical presence, no State may deem a nonresident individual to be present in or working in such State on the grounds that such nonresident individual is present at or working at home for the nonresident individual’s convenience. (b) Definitions
As used in this section— (1) State
The term State includes any political subdivision of a State, the District of Columbia, and the possessions of the United States. (2) Income tax
The term income tax has the meaning given such term by section 110(c).
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(3) Income tax laws
The term income tax laws includes any statutes, regulations, administrative practices, administrative interpretations, and judicial decisions. (4) Nonresident individual
The term nonresident individual means an individual who is not a resident of the State applying its income tax laws to such individual. (5) Salary
The term salary means the compensation, wages, or other remuneration earned by an individual for personal services performed as an employee or as an independent contractor. (c) No inference
Nothing in this section shall be construed as bearing on— (1) any tax laws other than income tax laws,
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(2) the taxation of corporations, partnerships, trusts, estates, limited liability companies, or other entities, organizations, or persons other than nonresident individuals in their capacities as employees or independent contractors, (3) the taxation of individuals in their capacities as shareholders, partners, trust and estate beneficiaries, members or managers of limited liability companies, or in any similar capacities, and (4) the income taxation of dividends, interest, annuities, rents, royalties, or other forms of unearned income.
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108hr4521ih
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1. Short title
This Act may be cited as the Financing Homes for Rural Americans Act. 2. Authority to finance of guarantee fee
Subparagraph (C) of section 502(h)(6) of the Housing Act of 1949 ( 42 U.S.C.
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1472(h)(6)(C) ) is amended by adding after and below clause (ii) the following: The limitation on the maximum amount of the principal obligation of a loan guaranteed pursuant to this subsection that is otherwise applicable to a loan pursuant to clause (i) or (ii) may be increased by the amount of the fee collected by the Secretary in connection with guarantee of the loan..
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108hr4620ih
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1. Collection of approved State commodity assessments on behalf of States from marketing assistance loan proceeds
(a) Collection on behalf of states
Subtitle B of title I of the Farm Security and Rural Investment Act of 2002 is amended by inserting after section 1209 ( 7 U.S.C. 7939 ) the following new section: 1210.
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Collection of approved State commodity assessments on behalf of States from marketing assistance loan proceeds
(a) Collection on behalf of states
At the request of a State, the Secretary or the Commodity Credit Corporation shall enter into a memorandum of understanding with the State to collect, on behalf of the State, approved State commodity assessments from the proceeds of marketing assistance loans.
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(b) Effect of assessment rate changes
The Secretary and the Commodity Credit Corporation may not terminate a memorandum of understanding with a State for the collection of approved State commodity assessments (or refuse to extend or modify such a memorandum of understanding) on the grounds that the State has changed the assessment rate. (b) Reinstatement of memorandums
The Secretary of Agriculture and the Commodity Credit Corporation shall reinstate, at the request of a State, any memorandum of understanding that was entered into between the Secretary or the Corporation and the State for the collection of approved State commodity assessments on behalf of the State,
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but was terminated before the date of the enactment of this Act. 1210. Collection of approved State commodity assessments on behalf of States from marketing assistance loan proceeds
(a) Collection on behalf of states
At the request of a State, the Secretary or the Commodity Credit Corporation shall enter into a memorandum of understanding with the State to collect, on behalf of the State, approved State commodity assessments from the proceeds of marketing assistance loans.
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