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108hr5132ih | Northern Border rail passenger report
Within 180 days after the date of enactment of this Act, the Under Secretary of Homeland Security for Border and Transportation Security, in consultation with the heads of other appropriate Federal departments and agencies and Amtrak, shall transmit a report to the Committee on Tr... |
108hr5132ih | (2) an assessment of the current program to provide preclearance of airline passengers between the United States and Canada as outlined in The Agreement on Air Transport Preclearance between the Government of Canada and the Government of the United States of America , dated January 18, 2001; (3) an assessment of the cu... |
108hr5132ih | (4) information on progress by the Department of Homeland Security and other Federal agencies towards finalizing a bilateral protocol with Canada that would provide for preclearance of passengers on trains operating between the United States and Canada; (5) a description of legislative, regulatory, budgetary, or policy... |
108hr5132ih | and (7) a draft of any changes in existing Federal law necessary to provide for prescreening of such passengers and providing prescreened passenger lists to the Department of Homeland Security. 18. Mass transportation system security improvements
(a) Grant programs
The Under Secretary of Homeland Security for Border ... |
108hr5132ih | (b) Consistency with assessment
The Under Secretary shall require that all operating grants made under subsection (e) and capital grants made under subsection (f) shall be consistent with the most recent findings and recommendations of the Federal Transit Administration criticality and vulnerability assessments. (c) P... |
108hr5132ih | (2) Agreements
Except as provided in subsection (f)(3)(D), the procedures shall include the execution of a grant agreement between the grant recipient and the Under Secretary. (3) Final rule
The Under Secretary shall issue a final rule establishing the procedures not later than 90 days after the date of enactment of ... |
108hr5132ih | (e) Security improvement operating grants
(1) In general
The Under Secretary may make operating grants to eligible transit agencies to prevent or respond to threats or acts of terrorism, including— (A) sabotage, hijackings, and hostage situations; (B) seizure and control of communications, signal, power and systems c... |
108hr5132ih | deployment expenses including overtime, training, K–9 units, and helicopter patrols; (B) inter-operable communications systems between and within transit agencies, local governmental agencies, state governmental agencies, and other transit systems and railroads; (C) operational redundancy and increased protection for c... |
108hr5132ih | (E) increased employee security preparedness through training on observing and reporting suspicious activities and objects, passenger evacuation, and emergency response procedures; (F) public security awareness campaigns for public transit passengers; and (G) other improvements indicated by current best practices and t... |
108hr5132ih | (B) Apportionment
Except as provided in subparagraph (C), of the funds made available under subparagraph (A)— (i) 80 percent shall be apportioned to each eligible transit agency (as defined in subsection (g)(1)) in an amount equal to the total apportioned under this subsection for a fiscal year multiplied by the ratio... |
108hr5132ih | and (ii) 20 percent shall be apportioned to each eligible transit agency in an amount equal to the total apportioned under this subsection for a fiscal year multiplied by the ratio equal to the annual fixed guideway miles of the eligible transit agency divided by the total passenger fixed guideway miles of all eligible... |
108hr5132ih | (C) Limitation
No eligible transit agency may receive more than 10 percent of the current fiscal year’s appropriation in a fiscal year, excluding high priority projects described in subsection (f) or, at the discretion of the Under Secretary, if an elevated threat (red) level requires extreme deployment of personnel o... |
108hr5132ih | (f) Security improvement capital grants
(1) In general
The Under Secretary may make capital grants to eigible transit agencies to prevent or respond to threats or acts of terrorism, including— (A) sabotage, hijackings, and hostage situations; (B) seizure and control of communications, signal, power and systems contro... |
108hr5132ih | computer, and train control systems assets and other infrastructure essential for public transit operations; (B) security surveillance equipment for trains, light rail, buses, stations, tunnels, bridges, control centers, maintenance and storage facilities, grade crossings, and other critical locations and infrastructur... |
108hr5132ih | and other assets and infrastructure to increase security prevention measures and improve emergency response efforts; and (F) other improvements indicated by current best practices and technological innovation, risk response, needs capabilities and system security assessments. (3) Authorization of appropriations
(A) In... |
108hr5132ih | (B) Set aside for critical high risk locations
Of the funds made available under subparagraph (A), the Under Secretary shall make available to eligible transit agencies not more than 20 percent of that fiscal year’s appropriation for high priority discretionary grants (determined by the Under Secretary of Homeland Def... |
108hr5132ih | (C) Requirements
The Under Secretary shall make a grant under subparagraph (B) only if there is a specific, recognized, or identified threat to an area that— (i) has been targeted, (ii) has the potential to be targeted, or (iii) is in the national interest. (D) Awards
An eligible transit agency may apply for a grant ... |
108hr5132ih | of the funds that remain after the set aside under subparagraph (B)— (i) 80 percent shall be apportioned to each eligible transit agency in an amount equal to the total apportioned under this subsection for a fiscal year multiplied by the ratio equal to the annual passenger miles of the eligible transit agency divided ... |
108hr5132ih | and (ii) 20 percent shall be apportioned to each eligible transit agency in an amount equal to the total apportioned under this subsection for a fiscal year multiplied by the ratio equal to the annual fixed guideway miles of the eligible transit agency divided by the total passenger fixed guideway miles of all eligible... |
108hr5132ih | (F) Limitation
No eligible transit agency may receive more than 10 percent of the amount made available under subparagraph (A) in a fiscal year, excluding high priority projects described in subparagraph (B) or, at the discretion of the Under Secretary, if an elevated threat (red) level requires extreme deployment of ... |
108hr5132ih | (g) Definitions
For purposes of this section the following definitions shall apply: (1) Eligible transit agency
The term eligible transit agency means a designated recipient of public transit assistance as defined under section 5307(a)(2) of title 49, United States Code, serving an urbanized area. (2) Mass transporta... |
108hr5349ih | 1. Short title
This Act may be cited as the G.I. Bill Enhancement Act of 2004. 2. Exemption from payment of individual contributions under montgomery GI bill of individuals who serve as active duty members of the Armed Forces under Executive Order 13235
(a) Active duty program
Notwithstanding section 3011(b) of titl... |
108hr5349ih | (b) Selected reserve program
Notwithstanding section 3012(c) of such title, no reduction in basic pay otherwise required by such section shall be made in the case of a covered member of the Armed Forces. (c) Termination of on-going reductions in basic pay
In the case of a covered member of the Armed Forces who first ... |
108hr5349ih | be subject to reduction under section 3011(b) or 3012(c) of such title for any month beginning on or after that date, the reduction of basic pay of such covered member of the Armed Forces under such section 3011(b) or 3012(c), as applicable, shall cease commencing with the first month beginning on or after that date. |
108hr5349ih | (d) Refund of contributions
(1) In the case of any covered member of the Armed Forces whose basic pay was reduced under section 3011(b) or 3012(c) of such title for any month beginning before the date of the enactment of this Act, the Secretary concerned shall pay to such covered member of the Armed Forces an amount e... |
108hr5349ih | (2) Any amount paid to a covered member of the Armed Forces under paragraph (1) shall not be included in gross income under the Internal Revenue Code of 1986. (3) Amounts for payments under paragraph (1) shall be derived from amounts appropriated or otherwise made available to the Secretary concerned for military perso... |
108hr5349ih | (4) In this subsection, the term Secretary concerned means— (A) the Secretary of the Army, with respect to matters concerning the Army; (B) the Secretary of the Navy, with respect to matters concerning the Navy or the Marine Corps; (C) the Secretary of the Air Force, with respect to matters concerning the Air Force; an... |
108hr5349ih | (e) Covered member of the Armed Forces defined
In this section, the term covered member of the Armed Forces means any individual who serves on active duty as a member of the Armed Forces during the period— (1) beginning on November 16, 2001, the date of Executive Order 13235, relating to National Emergency Constructio... |
108hr5349ih | Opportunity for individuals who serve as active duty members of the Armed Forces under Executive Order 13235 to withdraw election not to enroll in montgomery GI bill
Section 3018 of title 38, United States Code, is amended— (1) by redesignating subsections (c) and (d) as subsection (d) and (e), respectively; (2) by in... |
108hr5349ih | an individual who— (A) serves on active duty as a member of the Armed Forces during the period beginning on November 16, 2001, and ending on the termination date of Executive Order 13235, relating to National Emergency Construction Authority; and (B) has served continuously on active duty without a break in service fol... |
108hr5349ih | to withdraw an election under section 3011(c)(1) or 3012(d)(1) of this title not to receive education assistance under this chapter. (2) An individual described paragraph (1) who made an election under section 3011(c)(1) or 3012(d)(1) of this title and who— (A) while serving on active duty during the one-year period be... |
108hr5349ih | (C) serves the obligated period of service described in subparagraph (B) or before completing such obligated period of service is described by subsection (b)(3)(B); and (D) meets the requirements set forth in paragraphs (4) and (5) of subsection (b), is entitled to basic educational assistance under this chapter. ; and... |
108hr4023ih | 1. Findings
Congress finds the following: (1) The roles of the Department of Defense and the Department of Homeland Security, and the resources necessary for homeland defense, are still evolving. (2) The decision to conduct an additional round of base closures and realignments in 2005 was developed before the tragic e... |
108hr4023ih | (4) Additional funds are necessary to adequately supply the Armed Forces for current missions, while expediting military transformation. (5) The Congress will not have the opportunity to thoroughly review and consider the policy decisions culminating in the Global Posture Review before decisions regarding the closure a... |
108hr4023ih | (6) The expected costs of implementing and executing base closures and realignments recommended in the 2005 round is estimated at $15,000,000,000 and net savings from such base closures and realignments will not be realized until approximately 2011. 2. |
108hr4023ih | Two-year postponement of 2005 base closure and realignment round
(a) Submittal of recommendations regarding closure or realignment of military installations
Section 2914 of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510 ; 10 U.S.C. 2687 note), as added by section 3003... |
108hr4023ih | 1345), is amended— (1) in the section heading, by striking 2005 and inserting 2007 ; and (2) in subsection (a), by striking May 16, 2005, and inserting May 16, 2007,. |
108hr4023ih | (b) Commission review and recommendations
Subsection (d) of such section is amended— (1) in paragraphs (1) and (2), by striking September 8, 2005 both places it appears and inserting September 8, 2007 ; and (2) in paragraph (6)— (A) by striking in 2005 and inserting under this section ; and (B) by striking July 1, 200... |
108hr4023ih | (c) Review by president and transmittal to Congress
Subsection (e) of such section is amended— (1) in paragraph (1)— (A) by striking in 2005 and inserting under this section ; and (B) by striking September 23, 2005 and inserting September 23, 2007 ; (2) in paragraph (2), by striking October 20, 2005 and inserting Octo... |
108hr4023ih | (d) Conforming amendments
(1) Section 2904(a)(3) of the Defense Base Closure and Realignment Act of 1990 is amended by striking in the 2005 report and inserting in a report submitted after 2001. (2) Section 2906(e) of such Act is amended by striking 2005 and inserting 2007. |
108hr4023ih | (3) Section 2906A of such Act is amended— (A) in the section heading, by striking 2005 and inserting 2007 ; and (B) by striking 2005 each place it appears and inserting 2007. (4) Section 2912 of such Act is amended— (A) in the section heading, by striking 2005 and inserting 2007 ; (B) in subsection (a)(4), by striking ... |
108hr4023ih | by striking in 2005 each place it appears and inserting under section 2914 ; (D) in subsection (d), by striking March 15, 2005 both places it appears and inserting March 15, 2007 ; (E) in subsection (d)(4), by striking calendar year 2005 and shall terminate on April 15, 2006 and inserting calendar year 2007 and shall t... |
108hr4023ih | by striking second session of the 108th Congress for the activities of the Commission in 2005 and inserting second session of the 109th Congress for the activities of the Commission under section 2914. (5) Section 2913 of such Act is amended— (A) in the section heading, by striking 2005 and inserting 2007 ; (B) by stri... |
108hr5328ih | 1. Short title
This Act may be cited as the Preventing Sexual Assaults in the Military Act of 2004. 2. Findings
Congress finds the following: (1) At least eighteen studies have been conducted since 1988 regarding the instances of sexual assault and rape in the Armed Forces. (2) A May 2003 survey of Air Force Academy ... |
108hr5328ih | (3) According to the April 2004 Department of Defense’s Task Force Report on Care for Victims of Sexual Assault, in 2002 and 2003, there were a total of 1913 alleged cases of sexual assault with uniformed service member victims reported. (4) The April 2004 Report states that 99 percent of alleged service member offende... |
108hr5328ih | (6) The April 2004 Report states that “training and education designed to prevent sexual assault is limited and varies from location to location.”. (7) The April 2004 Report states that many victims do not report their assaults for several reasons, including fear that the chain of command will not believe them; embarra... |
108hr5328ih | (9) The April 2004 Report states that “a system to coordinate and track victim support services for effective case management does not exist at all installations.”. (10) The April 2004 Report states that “there is a backlog of DNA evidence waiting for processing at the United States Army Criminal Investigation Laborato... |
108hr5328ih | Authorizations of appropriations
(a) Elimination of DNA evidence backlogs
There are authorized to be appropriated to the Secretary of Defense for each of fiscal years 2005, 2006, and 2007 such funds as may be necessary to eliminate the backlog in processing of DNA evidence at any military DNA laboratories, including ... |
108hr5328ih | (b) Timely testing of crime scene DNA samples
There are authorized to be appropriated to the Secretary of Defense for each of fiscal years 2005, 2006, and 2007 such funds as may be necessary to ensure that DNA testing and analysis of samples from crimes, including sexual assault and other serious violent crimes, are c... |
108hr5328ih | (c) Distribution of DNA evidence kits
There are authorized to be appropriated to the Secretary of Defense for each of fiscal years 2005, 2006, and 2007 such funds as may be necessary to distribute a sufficient amount of DNA evidence kits to each military academy, domestic military base, overseas military base, and the... |
108hr5328ih | who is trained as a Sexual Assault Nurse Examiner (SANE) or Sexual Assault Forensic Examiner (SAFE), is on duty at all times in the health care facility at each military academy, domestic military base, overseas military base, and theater of operations, except in a case in which a memorandum of understanding between th... |
108hr4570ih | 1. Amendments to Clinger–Cohen provisions to enhance agency planning for information security needs
Chapter 113 of title 40, United States Code, is amended— (1) in section 11302(b), by inserting security, after use, ; (2) in section 11302(c), by inserting , including information security risks, after risks both places... |
108hr4588ih | 1. Short title
This Act may be cited as the Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2004. 2. Authorization of additional projects and activities under the Lower Rio Grande Water Conservation and Improvement Program
(a) Additional projects
Section 4(a) of the Lower Rio Grande Valle... |
108hr4588ih | 11, water conservation and improvement projects as identified in the March 3, 2004, engineering report by NRS Consulting Engineers at a cost of $1,425,219. (21) In the Cameron County, Texas, the Brownsville Irrigation District, water conservation and improvement projects as identified in the February 11, 2004 engineeri... |
108hr4588ih | 1, water conservation and improvement projects as identified in the March, 2004, engineering report by Axiom-Blair Engineering at a cost of $4,173,950. (23) In the Cameron County, Texas, Cameron County Irrigation District No. 2, water conservation and improvement projects as identified in the February 11, 2004 engineer... |
108hr4588ih | 6, water conservation and improvement projects as identified in an engineering report by Turner Collie Braden, Inc. at a cost of $5,607,300. (25) In the Cameron County, Texas, Adams Gardens Irrigation District No. 19, water conservation and improvement projects as identified in the March, 2004 engineering report by Axi... |
108hr4588ih | 9, water conservation and improvement projects as identified by the February 11 engineering report by NRS Consulting Engineers at a cost of $8,929,152. (27) In the Hidalgo and Willacy Counties, Texas, Delta Lake Irrigation District, water conservation and improvement projects as identified in the March, 2004 engineerin... |
108hr4588ih | (28) In the Hidalgo County, Texas, the Hidalgo County Irrigation District Number 2, water conservation and improvement projects identified in the October 2002, December 2002, January 2003, and February 2003 engineering reports by Sigler, Winston, Greenwood Associates, Inc. at a total cost of $5,312,475. (29) In the Hid... |
108hr4588ih | 1, water conservation and improvement projects identified in an engineering report dated March 5, 2004 by Melden and Hunt, Inc. at a cost of $5,595,018. (30) In the Hidalgo County, Texas, Hidalgo County Irrigation District No. 6, water conservation and improvement projects as identified in the March, 2004, engineering ... |
108hr4588ih | 15, water conservation and improvement projects as identified in an engineering report dated March 5, 2004 by Melden and Hunt at a cost of $4,609,000. (32) In the Hidalgo County, Texas, Engelman Irrigation District, water conservation and improvement projects as identified in an engineering report dated March 5, 2004 b... |
108hr4588ih | (33) In the Hidalgo County, Texas, Valley Acres Water District, water conservation and improvement projects as identified in an engineering report dated March, 2004 by Axiom-Blair Engineering at a cost of $500,000. (34) In the Hudspeth County, Texas, Hudspeth County Conservation and Reclamation District No. 1, water co... |
108hr4588ih | (35) In the El Paso County, Texas, El Paso County Water Improvement District No. 1, water conservation and improvement projects as identified in the March, 2004, engineering report by Axiom-Blair Engineering at a cost of $10,500,000. (36) In the Hidalgo County, Texas, Donna Irrigation District, water conservation and i... |
108hr4588ih | (37) In the Hidalgo County, Texas, Hidalgo County Irrigation District No. 16, water conservation and improvement projects identified in an engineering report dated March 22, 2004 by Melden and Hunt, Inc. at a cost of $2,800,000. (38) In the Hidalgo County, Texas, the United Irrigation District, water conservation and i... |
108hr4588ih | at a cost of $6,067,021.. (b) Inclusion of activities to conserve water or improve supply; transfers among projects
Section 4 of such Act ( Public Law 106–576 ; 114 Stat. |
108hr4588ih | 3067) is further amended by redesignating subsection (g) as subsection (i), and by inserting after subsection (f) the following: (g) Inclusion of activities to conserve water or improve supply
In addition to the activities identified in the engineering reports referred to in subsection (a), each project that the Secre... |
108hr4588ih | (3) Installation of water level, flow measurement, pump control, and telemetry systems. (4) The renovation and replacement of pumping plants. (5) Other activities that will result in the conservation of water or an improved supply of water. (h) Transfers among projects
Of amounts made available for a project referred ... |
108hr4588ih | Reauthorization of Appropriations for Lower Rio Grande construction
Section 4(c) of the Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2000 ( Public Law 106–576 ; 114 Stat. 3067) is amended by inserting before the period the following: for projects referred to in paragraphs (1) through (19... |
108hr4854ih | 1. Short title
This Act may be cited as the Commission to Establish the National Museum of the American Latino Act of 2004. 2. Findings
Congress finds as follows: (1) American Latinos are an ethnically and racially diverse population. Still, whether known by the term Hispanic or Latino, or by the various national ide... |
108hr4854ih | (2) While the history of the United States formally dates from 1776, American civilization was already centuries old by then. Latinos were present on the continent for more than 200 years prior to the Declaration of Independence. Spanish colonists founded the first permanent settlement on future United States territory... |
108hr4854ih | (3) Since before our Nation’s founding, Latinos have come to this land searching for opportunity, prosperity, and chance. In this regard, not much has changed in over 3 centuries. Through every era of our Nation’s history, whether in the fields of plenty or on the field of battle, a Latino presence was felt. Since befo... |
108hr4854ih | Through every war and conflict, Latinos have served honorably and proudly next to their fellow Americans to defend the ideals of freedom, democracy, and liberty worldwide, earning countless awards for valor and sacrifice. (4) The history, art, politics, economy, and culture of the United States have been enriched since... |
108hr4854ih | (5) According to the Bureau of the Census, the population of American Latinos recently grew to become the largest demographic minority group in the country. As of July 2002, there were an estimated 38.8 million Latinos in the United States. One out of every three of these is under the age of 18, and four out of every 1... |
108hr4854ih | (6) The American Latino population historically has been concentrated in certain regions of the United States. In the last several decades, however, there has been more dispersed growth of the community throughout the entire country. In the southern states other than Texas, most have seen the population of Latinos, pri... |
108hr4854ih | (7) Despite the history and demography as well as the ongoing contributions that American Latinos make to the cultural life of the United States, there remains a great gap in the level and quality of awareness that other Americans possess about the rich and diverse character of Latino culture and history. Sometimes the... |
108hr4854ih | (8) The Smithsonian Institution is the world’s largest museum and research complex, with 16 museums in the District of Columbia and New York City. The Smithsonian Institution museums, especially those on the National Mall, play a unique and important role in educating visitors to the Nation’s capital about our history,... |
108hr4854ih | (9) After extensive dialogue, conferences, and collaboration among educators, scholars, and community leaders, as well as museums, universities, cultural, and public institutions, a task force appointed to examine the Smithsonian Institution’s representation of American Latinos in its permanent exhibits and other publi... |
108hr4854ih | This criticism led to the creation of the Smithsonian’s Center for Latino Initiatives in 1998. (10) The Center for Latino Initiatives has increased the profile of Latino arts and culture and should be commended for promoting diversity and understanding of American Latino culture by the Smithsonian’s patrons. The Center... |
108hr4854ih | Still, the level of representation at the Smithsonian of the Latino community is far from where it should be given American Latino history, demography, and contributions to the American cultural landscape. (11) For these reasons, it is necessary to establish a commission to draft a plan of action for creating a Nationa... |
108hr4854ih | (b) Membership
The Commission shall consist of 23 members appointed not later than 6 months after the date of the enactment of this Act as follows: (1) The President shall appoint 7 voting members. (2) The Speaker of the House of Representatives, the minority leader of the House of Representatives, the Majority Leader... |
108hr4854ih | (3) In addition to the members appointed under paragraph (2), the Speaker of the House of Representatives, the minority leader of the House of Representatives, the Majority Leader of the Senate, and the Minority Leader of the Senate shall each appoint 1 nonvoting member. (c) Qualifications
Members of the Commission sh... |
108hr4854ih | (B) expertise in fundraising for nonprofit or cultural institutions; (C) experience in the study and teaching of Latino culture and history at the post-secondary level; (D) experience in studying the issue of the Smithsonian Institution’s representation of American Latino art, life, history, and culture; or (E) extensi... |
108hr4854ih | Functions of the Commission
(a) Plan of action for establishment and maintenance of Museum
The Commission shall submit a report to the President and the Congress containing its recommendations with respect to a plan of action for the establishment and maintenance of the National Museum of the American Latino in Washi... |
108hr4854ih | (c) Report on issues
The Commission shall examine (in consultation with the Secretary of the Smithsonian Institution), and submit a report to the President and the Congress on, the following issues: (1) The availability and cost of collections to be acquired and housed in the Museum. (2) The impact of the Museum on re... |
108hr4854ih | (5) The governance and organizational structure from which the museum should operate. (6) How to engage the American Latino community in the development and design of the Museum. |
108hr4854ih | (d) Legislation to carry out plan of action
Based on the recommendations contained in the report submitted under subsection (a) and the report submitted under subsection (c), the Commission shall submit for consideration to the Committee on Transportation and Infrastructure of the House of Representatives, the Committ... |
108hr4854ih | (e) National conference
In carrying out its functions under this section, the Commission shall convene a national conference on the Museum, comprised of individuals committed to the advancement of American Latino life, art, history, and culture, not later than 9 months after the date of the enactment of this Act. 5. A... |
108hr4854ih | (b) No Compensation for Members
Members of the Commission shall serve without pay, but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code, and shall be reimbursed for other expenses incurred ... |
108hr4854ih | (c) Director and Staff
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 that title relating to classification and General Schedule pay rates, the Commission may appo... |
108hr4854ih | (b) Termination
The Commission shall terminate not later than 30 days after submitting the final versions of reports and plans pursuant to subsection (a). 7. Authorization of appropriations
There are authorized to be appropriated for carrying out the activities of the Commission $2,100,000 for fiscal year 2005 and $1... |
108hr4819ih | 1. Short title
This Act may be cited as the Essential Waterways Operations and Maintenance Act of 2004. 2. Essential waterways operations and maintenance
(a) In general
For each fiscal year, there shall be available to the Secretary of the Army, acting through the Chief of Engineers, for operations and maintenance o... |
108hr4819ih | an essential waterway is a waterway that— (1) the Secretary of the Army determines provides service to one of the 25 highest ranked United States ports in terms of total tonnage of cargo transported through the port; (2) the Secretary of Energy, in consultation with the Secretary of Homeland Security, determines is a c... |
108hr4819ih | (c) Maintenance of Effort
Amounts made available to the Secretary of the Army pursuant to subsection (a) are in addition to amounts otherwise made available to the Secretary for operations and maintenance. (d) Definitions
For purposes of this section, the following terms apply: (1) Customs territory of the united sta... |
108hr4819ih | (2) Vessel
The term vessel has the meaning given that term in section 401 of the Tariff Act of 1930 ( 19 U.S.C. 1401 ). |
108hr5103ih | 1. Short title
This Act may be cited as the Justice in Sentencing Act of 2004. 2. Findings
Congress makes the following findings: (1) In August 2003, United States Supreme Court Justice Anthony Kennedy, in a speech before the annual convention of the American Bar Association, called for a reexamination of the issue o... |
108hr5103ih | (2) Justice Kennedy stated that in too many cases, mandatory minimum sentences are unwise and unjust, and that he could... accept neither the necessity nor the wisdom of mandatory minimum sentences. (3) Justice Kennedy concluded that in the Federal criminal justice system [o]ur resources are misspent, our punishments t... |
108hr5103ih | (5) On June 23, 2004, the Commission issued a report, which concluded that America’s criminal justice systems rely too heavily on incarceration and that they need to consider more effective alternatives, including shorter sentences, treatment and prisoner reentry programs. (6) At its August 2004 annual convention, the ... |
108hr5103ih | (7) Since the enactment of mandatory minimum sentencing for drug users, the Federal Bureau of Prisons budget increased by more than 2,016 percent, from $220,000,000 in 1986 to about $4,437,000,000 in 2004. (8) Mandatory minimums have not reduced sentencing discretion, but rather have transferred discretion from judges ... |
108hr5103ih | Prosecutors, not judges, have the discretion to reduce a charge, accept or deny a plea bargain, reward or deny a defendant’s substantial assistance or cooperation in the prosecution of someone else, and ultimately, to determine the final sentence of the defendant. (9) African Americans comprise 12 percent of the United... |
108hr5103ih | (10) In 1986, before the mandatory minimums for crack cocaine offenses became effective, the average Federal offense for African Americans was 11 percent higher than whites. Following the implementation of mandatory drug sentencing laws, the average drug offense sentence for African Americans was 49 percent higher than... |
108hr5103ih | (13) Largely as a result of mandatory minimum sentencing statutes, there are now more than 2,100,000 persons in prison and almost 70 percent of the people behind bars in America are persons of color. African Americans made up 40 percent of the Federal prison population in August 2003, up from 31 percent in 1986 before ... |
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