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(2) Availability Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended. (c) Report Not later than 1 year after the date of the enactment of this Act, and in each of the 3 years thereafter, the Secretary of State, after consultation w...
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United Nations Commission on Human Rights It is the sense of Congress that the United Nations has a significant role to play in promoting and improving human rights in North Korea, that the adoption by the United Nations Commission on Human Rights of Resolution 2003/10 on the situation of human rights in North Korea w...
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and (2) country-specific attention and reporting by the United Nations Working Group on Arbitrary Detention, the Working Group on Enforced and Involuntary Disappearances, the Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions, the Special Rapporteur on the Right to Food, the Special Rapporteur on the...
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Report on United States humanitarian assistance (a) Report Not later than 180 days after the date of the enactment of this Act, and in each of the 2 years thereafter, the Administrator of the United States Agency for International Development, in conjunction with the Secretary of State, shall submit to the appropriat...
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including progress toward meeting the conditions identified in paragraphs (1) through (4) of section 202(b); and (3) specific efforts to secure improved humanitarian transparency, monitoring, and access inside North Korea made by the United States and United States grantees, including the World Food Program, during the...
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Assistance provided inside North Korea (a) Humanitarian assistance through nongovernmental organizations (1) Assistance The President is authorized to provide assistance, including in the form of grants, to the World Food Program and to United States nongovernmental organizations for the purpose of providing humanit...
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(2) Sense of congress It is the sense of Congress that significant increases above current levels of United States support for humanitarian assistance provided inside North Korea should be conditioned upon substantial improvements in transparency, monitoring, and access to vulnerable populations throughout North Korea...
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(3) Authorization of appropriations (A) In general There are authorized to be appropriated to the President not less than $100,000,000 for each of the fiscal years 2005 through 2008 to carry out this subsection. (B) Availability Amounts appropriated pursuant to the authorization of appropriations under subparagraph ...
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or entity certifies in writing to the appropriate congressional committees that the Government of North Korea has taken steps to ensure that— (1) such assistance is delivered, distributed, and monitored according to internationally recognized humanitarian standards; (2) such assistance is provided on a needs basis, and...
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(c) Nonhumanitarian assistance to the government of North Korea No department, agency, or entity of the United States Government may provide nonhumanitarian assistance to any department, agency, or entity of the Government of North Korea unless such United States Government department, agency, or entity certifies in w...
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(3) fully disclosing all information regarding citizens of Japan and the Republic of Korea abducted by the Government of North Korea; (4) allowing such abductees, along with their families, complete and genuine freedom to leave North Korea and return to the abductees original home countries; (5) significantly reforming...
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(d) Waiver The President may waive the prohibition contained in subsection (b) or (c) if the President determines that it is in the national security interest of the United States to do so. Prior to exercising the waiver authority contained in the preceding sentence, the President shall transmit to the appropriate con...
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Assistance provided outside of North Korea (a) Assistance The President is authorized to provide assistance to support organizations or persons that provide humanitarian assistance or legal assistance to North Koreans who are outside of North Korea without the permission of the Government of North Korea. (b) Types of...
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or other similar forms of protection and resettlement; and (3) humanitarian assistance and legal assistance to North Korean women outside of North Korea who are victims of trafficking, as defined in section 103(14) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(14) ), or are in danger of being traff...
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(c) Authorization of Appropriations (1) In general In addition to funds otherwise available for such purposes, there are authorized to be appropriated to the President $20,000,000 for each of the fiscal years 2005 through 2008 to carry out this section. (2) Availability Amounts appropriated pursuant to subsection (a...
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United States policy toward refugees and defectors (a) Report Not later than 120 days after the date of the enactment of this Act, the Secretary of State, in cooperation with the Secretary of Homeland Security, the Director of Central Intelligence, and the heads of other appropriate Federal departments and agencies, ...
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and migrants), such as their estimated numbers and the countries and regions in which they are currently residing; (2) an assessment of the circumstances facing North Korean refugees and migrants in hiding, particularly in China, and of the circumstances they face when forcibly returned to North Korea; (3) an assessmen...
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(4) an assessment of whether North Koreans presently have effective access to United States refugee and asylum processing, and of United States policy toward North Koreans who may present themselves at United States embassies or consulates and request protection as refugees or asylum seekers and resettlement in the Uni...
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Eligibility for refugee or asylum consideration (a) Purpose The purpose of this section is to ensure that North Koreans are not barred from eligibility for refugee status or asylum in the United States on account of any legal right to citizenship they may enjoy under the Constitution of the Republic of Korea. It is n...
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1157 ), or for asylum under section 208 of such Act ( 8 U.S.C. 1158 ), a national of the Democratic People’s Republic of Korea shall not be considered a national of the Republic of Korea. 303. Refugee status The Secretary of State shall designate natives or citizens of North Korea who apply for refugee status under se...
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1157 ), and who are former political prisoners, members of persecuted religious groups, forced-labor conscripts, victims of debilitating malnutrition, persons deprived of professional credentials or subjected to other disproportionately harsh or discriminatory treatment resulting from their perceived or actual politica...
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Pursuit of first asylum policy It is the sense of Congress that the United States should pursue an international agreement to adopt an effective first asylum policy, modeled on the first asylum policy for Vietnamese refugees, that guarantees safe haven and assistance to North Korean refugees, until such time as condit...
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United Nations High Commissioner for Refugees (a) Actions in China It is the sense of Congress that— (1) the Government of China has obligated itself to provide the United Nations High Commissioner for Refugees (UNHCR) with unimpeded access to North Koreans inside its borders to enable the UNHCR to determine whether ...
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paragraph 5 of the 1995 Agreement on the Upgrading of the UNHCR Mission in the People’s Republic of China to UNHCR Branch Office in the People’s Republic of China (referred to in this section as the UNHCR Mission Agreement ); (2) the UNHCR, in order to effectively carry out its mandate to protect refugees, should liber...
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should liberally contract with appropriate nongovernmental organizations that have a proven record of providing humanitarian assistance to displaced North Koreans in China; and (4) should the Government of China begin actively fulfilling its obligations toward North Korean refugees, all countries, including the United ...
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the UNHCR should initiate arbitration proceedings pursuant to Article XVI of the UNHCR Mission Agreement and appoint an arbitrator for the UNHCR; and (2) because access to refugees is essential to the UNHCR mandate and to the purpose of a UNHCR branch office, a failure to assert those arbitration rights in present circ...
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Humanitarian parole (a) Prerequisites for eligibility Because North Korean refugees do not enjoy regular, unimpeded, and effective access to the United States refugee program— (1) for purposes of section 212(d)(5)(A) of the Immigration and Nationality Act ( 8 U.S.C.
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1182(d)(5)(A) ), the parole of any alien who is a native or citizen of North Korea seeking to enter the United States, and who is a victim of North Korean Government malfeasance, shall be considered to be of significant public benefit; and (2) for purposes of section 212(d)(5)(B) of the Immigration and Nationality Act ...
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1182(d)(5)(B) ), the parole of any alien who is a refugee and a native or citizen of North Korea seeking to enter the United States, and who is a victim of North Korean Government malfeasance, shall be considered to be for compelling reasons in the public interest with respect to that particular alien.
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(b) Definition For purposes of this subsection, a victim of North Korean Government malfeasance is a former political prisoner, a member of a persecuted religious group, a forced-labor conscript, a victim of debilitating malnutrition, a person deprived of professional credentials or subjected to other disproportionate...
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(c) Discretion Nothing in this section shall be construed to prohibit the Secretary of Homeland Security from establishing conditions for parole under section 212(d)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5) ), or from denying parole to such aliens who are otherwise ineligible for parole. (d) Len...
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1182(d)(5) ), if parole is granted to an alien who is a native or citizen of North Korea pursuant to subsection (a), the parole shall be effective until the final resolution of any application for adjustment of status made pursuant to section 204 of this Act.
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(2) Denial of adjustment of status If an application for adjustment of status made pursuant to section 204 is denied, the Secretary of Homeland Security may, in the discretion of the Secretary, parole the alien described in paragraph (1) pursuant to section 212(d)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1...
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(3) Extension of parole period If no application for adjustment of status is made pursuant to section 204 within 18 months after parole is granted to an alien described in paragraph (1), the Secretary of Homeland Security may, in the discretion of the Secretary, extend the parole period temporarily under conditions th...
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1182(d)(5) ) as if the purposes of the alien’s parole have been served. (5) Termination of parole Notwithstanding any other provision of this section, the parole period of an alien described in paragraph (1) shall terminate when the Secretary of State determines that— (A) the human rights record of North Korea, accord...
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(e) Subsequent removal proceedings Nothing in this section shall be construed to prohibit the Secretary of Homeland Security from instituting removal proceedings against an alien paroled into the United States under this section for— (1) conduct committed after the parole of the alien into the United States; or (2) co...
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the status of any alien who is a native or citizen of North Korea, has been inspected and admitted or paroled into the United States subsequent to July 1, 2003, and has been physically present in the United States for at least 1 year, may be adjusted by the Secretary of Homeland Security, in the discretion of the Secre...
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(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence; and (3) the Secretary of Homeland Security determines that the alien has complied with the requirements of subsection (b). (b) Required cooperation with the United States government The requirements o...
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with appropriate persons within the United States Government regarding such information; or (B) the alien is not in possession of critical reliable information concerning the activities of the Government of North Korea or its agents, representatives, or officials; and (2) the Secretary of Homeland Security determines t...
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since entering the United States or at the time during which the application for adjustment of status is filed or in process, an agent, representative, or official of the Government of North Korea, or during such period acting for any purpose contrary to the purposes of this Act or for any unlawful purpose; and (C) in ...
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(c) Effect on Immigration and Nationality Act (1) Definitions The definitions in subsections (a) and (b) of section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ) shall apply to this section. (2) Applicability Nothing in this section shall be construed to repeal or restrict the powers, duties, function...
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or any other Federal law relating to immigration, nationality, or naturalization. (d) Subsequent removal proceedings Nothing in this section shall be construed to prohibit the Secretary of Homeland Security from instituting removal proceedings against an alien whose status was adjusted under subsection (a) for— (1) co...
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Temporary protected status (a) Extraordinary and temporary conditions considered to exist (1) In general For purposes of section 244(b)(1)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1254a(b)(1)(C) ), extraordinary and temporary conditions shall be considered to exist in North Korea that prevent aliens who ...
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(2) Termination of protected status The extraordinary and temporary conditions referred to in paragraph (1) shall be considered to exist until the Secretary of Homeland Security determines that— (A) the human rights and trafficking records of North Korea, according to the Country Report on Human Rights Practices issue...
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(b) Sense of congress It is the sense of Congress that the United States should use its diplomatic means to promote the institution of measures similar to humanitarian parole or the form of temporary protected status granted under subsection (a), in countries that neighbor North Korea. 309. Right to accept employment ...
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1158(d)(2) ) is amended— (1) by striking Attorney General and inserting Secretary of Homeland Security ; and (2) by adding at the end the following: In the case of an applicant who is a citizen or native of North Korea, the Secretary of Homeland Security shall issue regulations under which such applicant shall be entit...
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and every 12 months thereafter for each of the following 5 years, the Secretary of State and the Secretary of Homeland Security shall submit a joint report to the appropriate congressional committees on the operation of this title during the previous year, which shall include— (1) the number of aliens who are natives o...
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and the immigration status of such aliens before being granted adjustment of status; (3) the number of aliens who are natives or citizens of North Korea who were granted political asylum; (4) the number of aliens who are natives or citizens of North Korea who were granted temporary protected status under section 308; a...
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(b) Countries of particular concern The President shall include in each annual report on proposed refugee admission pursuant to section 207(d) of the Immigration and Nationality Act ( 8 U.S.C. 1157(d) ), information about specific measures taken to facilitate access to the United States refugee program for individuals...
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The report shall include, for each country of particular concern, a description of access of the nationals or former habitual residents of that country to a refugee determination on the basis of— (1) referrals by external agencies to a refugee adjudication; (2) groups deemed to be of special humanitarian concern to the...
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1. Requirement of Staff Working with Developmentally Disabled Persons to Call Emergency Services in the Event of a Life-Threatening Situation (a) Requirement Section 1902(a) of the Social Security Act ( 42 U.S.C. 1396a(a) ) is amended— (1) in paragraph (66), by striking and at the end; (2) in paragraph (67), by strik...
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that direct care staff providing health-related services to a person with a developmental disability or traumatic brain injury are required to call the 911 emergency telephone service or equivalent emergency management service for assistance in the event of a life-threatening emergency to such person and to report such...
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1. Short title This Act may be cited as the Transparency and Accountability in Security Contracting Act. 2.
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Requirements relating to contracts with private security contractors (a) Accountability requirements for personnel performing federal contracts with private security contractors (1) Requirement to provide certain information about personnel performing federal contracts Each covered contract shall require contractors...
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(B) A description of how such persons are trained to carry out tasks specified under the contract. (C) The salaries and benefits of such persons. (D) A description of each category of activity required by the covered contract. (2) Full cost accounting Each covered contract shall include the following requirements: (A)...
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(B) Before contract closeout, the contractor shall provide a report on the actual costs of carrying out the contract, in the same categories as provided under subparagraph (A). (3) Casualty reporting Each covered contract shall require full reporting by the contractor of all personnel casualties in carrying out the co...
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(5) Waiver authority The head of the agency awarding a covered contract may waive a requirement of this section with respect to a contract in an emergency or exceptional situation, as determined by the head of the agency. Any such waiver shall be limited to the requirements that are impossible or impracticable to impl...
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In any case in which the head of an agency waives a requirement under this section with respect to a contract, the agency head shall submit to Congress a report, within 30 days after the date of award of the contract, that describes the contract, the waiver, the emergency or exceptional situation that justified the wai...
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(6) FAR revisions Not later than 120 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be revised to implement the provisions of this subsection. (b) Requirements of the Secretary of Defense relating to contracts with private security contractors (1) Hiring standards relating ...
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The standards may vary based on the duties of personnel, but must address past criminal activity, security clearance requirements, and other issues the Secretary determines may lead to security or performance concerns. (2) Comparative analysis Before a Federal agency enters into a covered contract, the Secretary of De...
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The Secretary shall ensure, as part of the analysis, that the overall military mission would not be significantly affected if the contractor personnel refused to perform work as required under the contract. (c) Definitions In this section: (1) Covered contracts The term covered contract means a contract entered into ...
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(2) Private security contractor The term private security contractor means any entity under contract with the Federal Government— (A) whose personnel are allowed to carry weapons as part of their contract; or (B) that uses persons who perform one or more of the following duties: (i) Military logistics and maintenance....
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(d) Effective date This section shall apply to covered contracts entered into on or after the date occurring 60 days after the date of the enactment of this Act.
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1. Short title This Act may be cited as the Pentagon 9/11 Memorial Commemorative Coin Act of 2004. 2. Findings The Congress finds as follows: (1) Construction of the Pentagon was completed in the midst of World War II on January 15, 1943. (2) September 11, 2001, marks a tragic day in the history of the United States ...
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(3) 184 individuals ages 3 to 71 lost their lives through the horrific event that unfolded at the Pentagon on September 11, 2001. (4) An appropriate memorial reminding us of the brave men, women, and children who perished has been designed and is to be built on 1.93 acres located on the western side of the Pentagon Bui...
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(6) Almost $30,000,000 will need to be raised from the private sector in order to begin construction of the memorial and to maintain it upon completion. (7) The surcharge proceeds from the sale of a commemorative coin, which would have no net cost to the taxpayers, would raise valuable funding for the construction and ...
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Coin specifications (a) Denominations The Secretary of the Treasury (hereafter in this Act referred to as the Secretary ) shall mint and issue the following coins: (1) $50 gold coins $50 coins, in the number determined under subsection (b), which shall— (A) weigh 1 ounce; (B) have a diameter of 1.287 inches; and (C)...
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(2) $1 silver coins Such number of $1 coins as the Secretary determines appropriate to meet demand, which shall— (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper.
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(3) Half dollar clad coins Such number of half dollar coins as the Secretary determines appropriate to meet demand, which shall— (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half dollar coins contained in section 5112(b) of title 31, United States Code. (b) Nu...
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(2) Determination of number The Secretary, in consultation with the Attorney General of the United States, the Secretary of Defense, and the Governor of Virginia shall determine the number of innocent individuals confirmed or presumed to have been killed as a result of the terrorist attack against the Pentagon that oc...
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(d) Numismatic items For purposes of section 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. (e) Sources of bullion For the purpose of minting coins under this Act, the Secretary may only use metals that are from natural deposits in the United States o...
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(f) Special treatment under exigent circumstances (1) Findings The Congress finds as follows: (A) The limitations contained in paragraphs (1) and (2)(A) of section 5112(m) of title 31, United States Code, and section 5134(f)(1)(B) of such title have well served, and continue to serve, their purpose of bringing greate...
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and ensuring that such programs have a broad base of private support and are not used as the primary means of fundraising by organizations that are the recipients of surcharges. (B) The shocking circumstances of September 11, 2001, the broad base of public interest in remembering those innocent individuals who lost the...
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(2) Exemption Paragraphs (1) and (2) of section 5112(m) of title 31, United States Code, and section 5134(f)(1)(B) of such title shall not apply to coins authorized under this Act. 4. Design of coins (a) Design requirements (1) In general The design of the coins minted under this Act shall be emblematic of the spir...
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(2) Designation and inscriptions On each coin minted under this Act, there shall be— (A) a designation of the value of the coin; (B) an inscription of the year 2001 ; and (C) inscriptions of the words Liberty , In God We Trust , United States of America , and E Pluribus Unum.
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(b) Selection The design for the coins minted under this Act shall be— (1) selected by the Secretary, after consultation with the Secretary of Defense, the Executive Committee of the Pentagon Memorial Fund, and the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee. 5. Issuance of coi...
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(2) Gold coins $50 coins minted under section 3(a)(1) shall be issued only in proof quality. (b) Mint facility (1) In general Except as provided under paragraph (2), only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (2) Clad coins Any number o...
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(c) Period for issuance The Secretary— (1) shall commence issuing coins minted under this Act as soon as possible after the date of the enactment of this Act; and (2) shall not issue any coins after the end of the 1-year period beginning on the date such coins are first issued. 6.
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Sale of coins (a) Sale price The coins issued under section 3(a) (other than the $50 gold coins referred to in subsection (d)) shall be sold by the Secretary at a price equal to the sum of— (1) the face value of the coins; (2) the surcharges required by section 7(a) with respect to such coins; and (3) the cost of des...
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(b) Bulk sales The Secretary shall make bulk sales of the coins issued under section 3(a) at a reasonable discount. (c) Prepaid orders (1) In general The Secretary shall accept prepaid orders received before the issuance of the coins minted under section 3(a). (2) Reasonable discount The sale prices with respect to...
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(d) Gold coins Notwithstanding section 5(c)(2), the Secretary shall issue a $50 coin minted under section 3(a)(1) for presentation free of charge to the next of kin or personal representative of each individual identified under section 3(b)(2). The Speaker of the House of Representatives and the President Pro Tempore ...
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Surcharges on sale of coins (a) In general Any sale by the Secretary of a coin minted under this Act shall include a surcharge of— (1) $100 per coin for the $50 gold coins; (2) $10 per coin for the $1 coin; and (3) $5 per coin for the half dollar coin.
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(b) Distribution Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Pentagon Memorial Fund for the purposes of construction of a memorial at the Pentagon, Arlington, Virginia. (...
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1. Short title This Act may be cited as the Angel Island Immigration Station Restoration and Preservation Act. 2. Findings The Congress makes the following findings: (1) The Angel Island Immigration Station, also known as the Ellis Island of the West, is a National Historic Landmark. (2) Between 1910 and 1940, the An...
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(4) The Angel Island Immigration Station was built to enforce the Chinese Exclusion Act of 1882 and subsequent immigration laws, which unfairly and severely restricted Asian immigration. (5) During their detention at the Angel Island Immigration Station, Chinese detainees carved poems into the walls of the detention ba...
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(7) The restoration of the Angel Island Immigration Station and the preservation of the writings and drawings at the Angel Island Immigration Station will ensure that future generations also have the benefit of experiencing and appreciating this great symbol of the perseverance of the immigrant spirit, and of the diver...
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(b) Priority (1) Except as provided in paragraph (2), the funds appropriated pursuant to this Act shall be used for the restoration of the Immigration Station Hospital on Angel Island. (2) Any remaining funds in excess of the amount required to carry out paragraph (1) shall be used solely for the restoration of the An...
108hr5408ih
1. Short title This Act may be cited as the Small Business and Farm Energy Emergency Relief Act of 2004. 2. Findings The Congress finds that— (1) a significant number of small businesses in the United States, non-farm as well as agricultural producers, use heating oil, natural gas, propane, kerosene, or electricity t...
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and (3) sharp and significant increases in the price of heating oil, natural gas, propane, or kerosene— (A) disproportionately harm small businesses dependent on those fuels or that use, sell, or distribute those fuels in the ordinary course of their business, and can cause them substantial economic injury; (B) can neg...
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including global or regional supply difficulties, weather conditions, insufficient inventories, refinery capacity, transportation, and competitive structures in the markets, causes that are often unforeseeable to those who own and operate small businesses. 3. Small business energy emergency disaster loan program Secti...
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636(b) ) is amended by inserting after paragraph (3) the following: (4) (A) In this paragraph— (i) the term heating fuel means heating oil, natural gas, propane, or kerosene; and (ii) the term sharp and significant increase shall have the meaning given that term by the Administrator, in consultation with the Secretary ...
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(B) The Administration may make such loans, either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred basis, to assist a small business concern that has suffered or that is likely to suffer substantial economic injury as the result of a shar...
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(D) No loan may be made under this paragraph, either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred basis, if the total amount outstanding and committed to the borrower under this subsection would exceed $1,500,000, unless such applicant...
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a declaration that an area is affected by a sharp and significant increase in the price of heating fuel or electricity shall be required and shall be made by the President or the Administrator; or (ii) if no declaration has been made pursuant to clause (i), the Governor of a State in which a sharp and significant incre...
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the Administration may make such loans as would have been available under this paragraph if a declaration under clause (i) had been issued. (F) Notwithstanding any other provision of law, loans made under this paragraph may be used by a small business concern described in subparagraph (B) to convert from the use of hea...
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Agricultural producer emergency loans (a) In general Section 321(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1961(a) ) is amended— (1) in the first sentence— (A) by striking operations have and inserting operations (i) have ; and (B) by inserting before : Provided, the following: , or (ii)(I) are...
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and (II) have suffered or are likely to suffer substantial economic injury on or after November 1, 2004, as the result of a sharp and significant increase in energy costs or input costs from energy sources occurring on or after November 1, 2004, in connection with an energy emergency declared by the President or the Se...
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and (B) by inserting or declaration after emergency designation. (b) Funding Funds available on the date of enactment of this Act for emergency loans under subtitle C of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1961 et seq. ) made to meet the needs resulting from natural disasters shall be available ...
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Guidelines Not later than 30 days after the date of enactment of this Act, the Administrator of the Small Business Administration and the Secretary of Agriculture shall each issue such guidelines as the Administrator and the Secretary, as applicable, determines to be necessary to carry out this Act and the amendments ...
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the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives, a report on the effectiveness of the program established under section 7(b)(4) of the Small Business Act , as added by this Act, including— (1) the nu...