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108hr5103ih
(14) As a result of mandatory minimum sentencing statutes, particularly with respect to drug crimes, in 2001, the average Federal drug trafficking conviction was 72.7 months while the average Federal manslaughter sentence was 34.3 months, the average assault sentence 37.7 months, and the average sexual abuse sentence 6...
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(16) Though their rates of drug use are roughly equal, because of aggressive police tactics, racial profiling, and other activities heavily targeted at street level drug activity in urban areas (as opposed to the less visible drug activity prevalent in more affluent areas), African Americans are arrested for drug offen...
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In the year 2000, 84.7 percent of crack cocaine cases were brought against African Americans even though, in that year, African Americans comprised only about 26.6 percent of crack users. Only 5.6 percent of crack cases that year were brought against Caucasians even though they constituted 64.4 percent of crack users. ...
108hr5103ih
During that same period, the percentage of drug offenders in Federal prison grew from 25 percent to almost 60 percent. Mandatory minimum sentences for drug crimes are the largest drivers of expanding prison populations. 3.
108hr5103ih
Approval of certain prosecutions by Attorney General A Federal prosecution for an offense under the Controlled Substances Act , the Controlled Substances Import and Export Act, or for any conspiracy to commit such an offense, where the offense involves the illegal distribution or possession of a controlled substance i...
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841(b)(1)(A) ) or, in the case of any substance containing cocaine or cocaine base, in an amount less than 500 grams, shall not be commenced without the prior written approval of the Attorney General. 4. Modification of certain sentencing provisions (a) Section 404 Section 404(a) of the Controlled Substances Act ( 21...
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844(a) ) is amended— (1) by striking not less than 15 days but ; (2) by striking not less than 90 days but ; (3) by striking not less than 5 years and ; and (4) by striking the sentence beginning The imposition or execution of a minimum sentence. (b) Section 401 Section 401(b) of the Controlled Substances Act ( 21 U.S...
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— (1) in paragraph (1)(A)— (A) by striking which may not be less than 10 years and or more than and inserting for any term of years or for ; (B) by striking and if death the first place it appears and all that follows through 20 years or more than life the first place it appears; (C) by striking which may not be less t...
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(D) by inserting imprisonment for any term of years or after if death or serious bodily injury results from the use of such substance shall be sentenced to ; (E) by striking the sentence beginning If any person commits a violation of this subparagraph ; and (F) by striking the sentence beginning Notwithstanding any oth...
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(C) by striking which may not be less than 10 years and more than and inserting for any term of years or for ; (D) by inserting imprisonment for any term of years or to after if death or serious bodily injury results from the use of such substance shall be sentenced to ; and (E) by striking the sentence beginning Notwi...
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960(b) ) is amended— (1) in paragraph (1)— (A) by striking of not less than 10 years and not more than and inserting for any term of years or for ; (B) by striking and if death the first place it appears and all that follows through 20 years and not more than life the first place it appears; (C) by striking of not less...
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(D) by inserting imprisonment for any term of years or to after if death or serious bodily injury results from the use of such substance shall be sentenced to ; and (E) by striking the sentence beginning Notwithstanding any other provision of law ; and (2) in paragraph (2)— (A) by striking not less than 5 years and ; (...
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(D) by inserting imprisonment for any term of years or to after if death or serious bodily injury results from the use of such substance shall be sentenced to ; and (E) by striking the sentence beginning Notwithstanding any other provision of law. (d) Section 418 Section 418 of the Controlled Substances Act ( 21 U.S.C...
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860 ) is amended by striking the sentence beginning Except to the extent each place it appears and by striking the sentence beginning The mandatory minimum. (f) Section 420 Section 420 of the Controlled Substances Act ( 21 U.S.C. 861 ) is amended— (1) by striking subsection (e); and (2) in subsection (f), by striking ...
108hr4650ih
1. Short title This Act may be cited as the Wichita Project Equus Beds Division Authorization Act of 2004. 2. Equus Beds Division The Act entitled An Act to provide for the construction of the Cheney division, Witchita Federal reclamation project, Kansas, and for other purposes ( Public Law 86–787 ; 74 Stat. 1026) is...
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Equus Beds Division (a) Authorization The Secretary of the Interior may assist in the funding and implementation of the Equus Beds Aquifer Recharge and Recovery Component which is a part of the Integrated Local Water Supply Plan, Wichita, Kansas (referred to in this section as the Equus Beds Division ). Construction ...
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The Equus Beds Division shall be operated in accordance with applicable laws and regulations. (c) Agreements The Secretary of the Interior may enter into, or agree to amendments of, cooperative agreements and other appropriate agreements to carry out this section. (d) Administrative costs From funds made available fo...
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(e) Plans and analyses consistent with Federal law Before obligating funds for design or construction under this section, the Secretary of the Interior shall work cooperatively with the City of Wichita, Kansas, to use, to the extent possible, plans, designs, and engineering and environmental analyses that have already...
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(f) Title; responsibility; liability Nothing in this section or assistance provided under this section shall be construed to transfer title, responsibility, or liability related to the Equus Beds Division (including portions or features thereof) to the United States.
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(g) Authorization of appropriations There is authorized to be appropriated as the Federal share of the total cost of the Equus Beds Division, an amount not to not exceed 25 percent of the total cost or $30,000,000 (January, 2003 prices), whichever is less, plus or minus such amounts, if any, as may be justified by rea...
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Equus Beds Division (a) Authorization The Secretary of the Interior may assist in the funding and implementation of the Equus Beds Aquifer Recharge and Recovery Component which is a part of the Integrated Local Water Supply Plan, Wichita, Kansas (referred to in this section as the Equus Beds Division ). Construction ...
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The Equus Beds Division shall be operated in accordance with applicable laws and regulations. (c) Agreements The Secretary of the Interior may enter into, or agree to amendments of, cooperative agreements and other appropriate agreements to carry out this section. (d) Administrative costs From funds made available fo...
108hr4650ih
(e) Plans and analyses consistent with Federal law Before obligating funds for design or construction under this section, the Secretary of the Interior shall work cooperatively with the City of Wichita, Kansas, to use, to the extent possible, plans, designs, and engineering and environmental analyses that have already...
108hr4650ih
(f) Title; responsibility; liability Nothing in this section or assistance provided under this section shall be construed to transfer title, responsibility, or liability related to the Equus Beds Division (including portions or features thereof) to the United States.
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(g) Authorization of appropriations There is authorized to be appropriated as the Federal share of the total cost of the Equus Beds Division, an amount not to not exceed 25 percent of the total cost or $30,000,000 (January, 2003 prices), whichever is less, plus or minus such amounts, if any, as may be justified by rea...
108hr5154ih
1. Short title This Act may be cited as the Uniformed Services Differential Pay Protection Act. 2. Income tax withholding on differential wage payments (a) In general Section 3401 of the Internal Revenue Code of 1986 (relating to definitions) is amended by adding at the end the following new subsection: (i) Differen...
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(2) Differential wage payment For purposes of paragraph (1), the term differential wage payment means any payment which— (A) is made by an employer to an individual with respect to any period during which the individual is performing service in the uniformed services while on active duty for a period of more than 30 d...
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Treatment of differential wage payments for retirement plan purposes (a) Pension plans (1) In general Section 414(u) of the Internal Revenue Code of 1986 (relating to special rules relating to veterans’ reemployment rights under USERRA) is amended by adding at the end the following new paragraph: (11) Treatment of d...
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(ii) the differential wage payment shall be treated as compensation, and (iii) the plan shall not be treated as failing to meet the requirements of any provision described in paragraph (1)(C) by reason of any contribution which is based on the differential wage payment.
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(B) Special rule for distributions (i) In general Notwithstanding subparagraph (A)(i), for purposes of section 401(k)(2)(B)(i)(I), 403(b)(7)(A)(ii), 403(b)(11)(A), or 457(d)(1)(A)(ii), an individual shall be treated as having been severed from employment during any period the individual is performing service in the u...
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(ii) Limitation If an individual elects to receive a distribution by reason of clause (i), the plan shall provide that the individual may not make an elective deferral or employee contribution during the 6-month period beginning on the date of the distribution.
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(C) Nondiscrimination requirement Subparagraph (A)(iii) shall apply only if all employees of an employer performing service in the uniformed services described in section 3401(i)(2)(A) are entitled to receive differential wage payments on reasonably equivalent terms and, if eligible to participate in a retirement plan...
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(D) Differential wage payment For purposes of this paragraph, the term differential wage payment has the meaning given such term by section 3401(i)(2). (2) Conforming amendment The heading for section 414(u) of such Code is amended by inserting and to Differential Wage Payments to Members on Active Duty after USERRA.
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(b) Differential wage payments treated as compensation for individual retirement plans Section 219(f)(1) of the Internal Revenue Code of 1986 (defining compensation) is amended by adding at the end the following new sentence: The term compensation includes any differential wage payment (as defined in section 3401(i)(2...
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(d) Provisions relating to plan amendments (1) In general If this subsection applies to any plan or annuity contract amendment— (A) such plan or contract shall be treated as being operated in accordance with the terms of the plan or contract during the period described in paragraph (2)(B)(i), and (B) except as provid...
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(2) Amendments to which Section applies (A) In general This subsection shall apply to any amendment to any plan or annuity contract which is made— (i) pursuant to any amendment made by this section, and (ii) on or before the last day of the first plan year beginning on or after January 1, 2007.
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(B) Conditions This subsection shall not apply to any plan or annuity contract amendment unless— (i) during the period beginning on the date the amendment described in subparagraph (A)(i) takes effect and ending on the date described in subparagraph (A)(ii) (or, if earlier, the date the plan or contract amendment is a...
108hr5230ih
1. National driver registry enhancement (a) Information regarding certain drivers Section 30304(b)(1) of title 49, United States Code, is amended— (1) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (2) by inserting after subparagraph (A) the following: (B) information that ...
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(b) Application The amendments made by subsection (a) shall apply to a conviction described in section 30304(b)(1)(B) of title 49, United States Code, that occurs on or after the date of enactment of this Act. 2. Access to register information Section 30305(b) of title 49, United States Code, is amended by adding at ...
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A prosecutor and a district attorney may receive the information..
108hr4452ih
1. Findings Congress finds the following: (1) American society has long been known for being a melting pot , boasting citizens from all countries and continents across the world. (2) After reaching America's shores, naturalized United States citizens and aliens lawfully admitted for permanent residence have taken adva...
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(3) Many of these new Americans still have connections to their countries of origin—forming community, educational, religious, and other organizations in the United States that continue to tie them to their homelands. These new Americans send remittances that total more than $70,000,000,000 per year to help loved ones ...
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(4) At a time when the events of September 11, 2001, have resulted in new and different security concerns for the United States, it is critical that every attempt be made to better understand those foreign countries that receive United States assistance. (5) Due to national security implications, the United States Gove...
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(6) Naturalized United States citizens and aliens lawfully admitted for permanent residence should be encouraged to use the same skills that they have contributed to the development of the United States toward the development of their countries of origin in order to— (A) take part in introducing or enhancing democratic...
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and (D) encourage long-term sustainable development in foreign countries in which such development has been difficult to obtain.
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(7) Currently, projects under many foreign assistance programs do not involve naturalized United States citizens or aliens lawfully admitted for permanent residence who are from the recipient country in leadership roles in the planning, design, and implementation of the projects, and consequently— (A) project leaders o...
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(8) Because many United States Government departments and agencies face management constraints that make it necessary to bundle projects and activities for foreign countries under Mega contracts and grants, it has become increasingly difficult for smaller United States organizations and businesses owned or controlled b...
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(9) To encourage the transference of skills, knowledge, and democratic values that will lead to long-term sustainable development and require fewer transition costs, special preferences should be given to naturalized United States citizens, or aliens lawfully admitted for permanent residence, who are seeking United Sta...
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Requirement to provide development and humanitarian assistance funds to foreign countries through United States entities owned or controlled by individuals from those foreign countries Notwithstanding any other provision of law, up to 10 percent of funds made available to each Federal department and agency for any fis...
108hr4452ih
Report Not later than January 1 of each year, the President shall prepare and transmit to the appropriate congressional committees a report that contains a description of the implementation of section 3 for the preceding fiscal year. Each such report shall specify the number and dollar value or amount (as the case may...
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Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate. (2) United States development assistance or humanitarian assistance progr...
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(B) chapter 10 of part I of that Act (relating to the Development Fund for Africa); (C) chapter 11 of part I of that Act (relating to assistance for the independent states of the former Soviet Union); (D) chapter 12 of part I of that Act (relating to assistance for the countries of the South Caucasus and Central Asia r...
108hr4225ih
1. Modification of Prohibition Section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999 (as contained in section 101(b) of division A of Public Law 105–277 ; 112 Stat 2681–88) is amended— (1) in subsection (a), by striking by a designated national ; (2) in subsection (b), by striking by ...
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(4) by inserting after subsection (c) the following: (d) Subsections (a)(2) and (b) of this section shall apply only if the person or entity asserting the rights knew or had reason to know at the time when the person or entity acquired the rights asserted that the mark, trade name, or commercial name was the same as or...
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; and (5) in subsection (e), as so redesignated, by striking In this section: and all that follows through (2) The term and inserting In this section, the term.
108hr5171ih
1. Findings Congress makes the following findings: (1) The right to vote is a fundamental and incontrovertible right under the Constitution. (2) There is a need for Congress to encourage and enable every eligible American to vote by reaffirming that the right to vote is a fundamental right under the Constitution. (3) ...
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(4) There is a need for Congress to encourage and enable every eligible American to vote by eliminating procedural obstacles to voting. (5) There is a need to counter discrimination in voting by removing barriers to the exercise of the constitutionally protected right to vote. (6) There is a need to ensure that voter r...
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(8) There is a need to ensure that every eligible American seeking to exercise the right to vote has access to the electoral process through a uniform system of voter registration that includes each voter’s personal registration with an appropriate State or local government election entity. (9) Congress has authority u...
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(10) Congress has an obligation to ensure that the States and localities improve election administration and to ensure the integrity of full participation of all Americans in the democratic election process. (11) Congress has an obligation to ensure that the States and localities improve election administration and to ...
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Requirements for voters who Do Not Register in Person with an officer or employee of a State or local government entity (a) In general (1) Application of requirements to voters not registering in person Section 303(b)(1)(A) of the Help America Vote Act of 2002 ( 42 U.S.C.
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15483(b)(1)(A) ) is amended to read as follows: (A) the individual— (i) registered to vote in a jurisdiction by mail; or (ii) did not register to vote in a jurisdiction in person with an officer or employee of a State or local government entity; and.
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(2) Meaning of in person Section 303(b)(1) of such Act is amended by inserting at the end the following: For purposes of subparagraph (A)(ii), an individual shall not be considered to have registered in person if the registration is made by a person other than the person whose name appears on the voter registration fo...
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(c) Effective date The amendments made by this section shall take effect as if included in the enactment of section 303 of the Help America Vote Act of 2002. 3. Increased penalties relating to fraudulent voter registration in cases involving 10 or more violations (a) False information in registering or voting Sectio...
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1973i(c) ) is amended by inserting at the end the following: In the case of any person who is found to have been in violation of this section with respect to 10 or more voter registrations, this section shall be applied by substituting $20,000 for $10,000 and by substituting ten years for five years with respect to eac...
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1973gg–10 ) is amended by inserting at the end the following: In the case of any person who is found to have been in violation of paragraph (2)(A) with respect to 10 or more registration applications, such person shall be fined not less than $500,000 ($1,000,000 in the case of an organization) or shall be imprisoned no...
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(c) Effective date The amendments made by this section shall apply to violations occurring after the date of the enactment of this Act.
108hr4035ih
1. Short Title This Act may be cited as the SSI Extension for Elderly and Disabled Refugees Act. 2. SSI EXTENSION FOR HUMANITARIAN IMMIGRANTS Section 402(a)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C.
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1612(a)(2) ) is amended by adding at the end the following: (M) Two-year ssi extension through fiscal year 2007 (i) In general With respect to eligibility for benefits for the specified Federal program described in paragraph (3)(A), the 7-year period described in subparagraph (A) shall be deemed to be a 9-year period...
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(ii) Aliens whose benefits ceased in prior fiscal years (I) In general Beginning on the date of the enactment of the SSI Extension for Elderly and Disabled Refugees Act, any qualified alien rendered ineligible for the specified Federal program described in paragraph (3)(A) during fiscal years prior to fiscal year 200...
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(II) Payment of benefits Benefits paid under subparagraph (I) shall be paid prospectively over the duration of the qualified alien’s renewed eligibility..
108hr4910ih
1. Short title This Act may be cited as the Social Security COLA Protection Act of 2004. 2. Protection of Social Security COLA increases against excessive medicare premium increases (a) Application to part b premiums Section 1839(f) of the Social Security Act ( 42 U.S.C. 1395r(f) ) is amended— (1) by striking (f) Fo...
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and (2) by adding at the end the following new paragraph: (2) For any calendar year (beginning with 2005), if an individual is entitled to monthly benefits under section 202 or 223 or to a monthly annuity under section 3(a), 4(a), or 4(f) of the Railroad Retirement Act of 1974 for November and December of the preceding...
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if the monthly premium of the individual under this section for December of the preceding year and for January of the year involved is deducted from those benefits under section 1840(a)(1) or section 1840(b)(1), and if the amount of the individual's premium is not adjusted for January of the year involved under subsect...
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(b) Application to part d premiums (1) In general Section 1860D–13(a)(1) of such Act ( 42 U.S.C. 1395ww–113(a)(1) ) is amended— (A) in subparagraph (F), by striking (D) and (E), and inserting (D), (E), and (F), ; (B) by redesignating subparagraph (F) as subparagraph (G); and (C) by inserting after subparagraph (E) th...
108hr4910ih
if an individual is entitled to monthly benefits under section 202 or 223 or to a monthly annuity under section 3(a), 4(a), or 4(f) of the Railroad Retirement Act of 1974 for November and December of the preceding year and was enrolled under a PDP plan or MA–PD plan for such months,
108hr4910ih
the base beneficiary premium otherwise applied under this paragraph for the individual for months in that year shall be decreased by the amount (if any) by which the sum of the amounts described in the following clauses (i) and (ii) exceeds 25 percent of the amount of the increase in such monthly benefits for that indi...
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the amount of the increase (if any) in the adjusted national average monthly bid amount (as determined under subparagraph (B)(iii)) for a month in the year over such amount for a month in the preceding year. (II) No application to full premium subsidy individuals In the case of an individual enrolled for a premium sub...
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(III) Special rule for partial premium subsidy individuals In the case of an individual enrolled for a premium subsidy under section 1860D–14(a)(2), a percent of the increase described in subclause (I) equal to 100 percent minus the percent applied based on the linear scale under such section.
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(ii) Part b premium increase factor If the individual is enrolled for such months under part B— (I) In general Except as provided in subclause (II), the amount of the annual increase in premium effective for such year resulting from the application of section 1839(a)(3), as reduced (if any) under section 1839(f)(2).
108hr4910ih
(II) No application to individuals participating in medicare savings program In the case of an individual who is enrolled for medical assistance under title XIX for medicare cost-sharing described in section 1905(p)(3)(A)(ii), zero.. (2) Application under medicare advantage program Section 1854(b)(2)(B) of such Act (...
108hr4910ih
1395w–24(b)(2)(B) ), as in effect as of January 1, 2006, relating to MA monthly prescription drug beneficiary premium, is amended by inserting after as adjusted under section 1860D–13(a)(1)(B) the following: and section 1860D–13(a)(1)(F). (3) Payment from Medicare Prescription Drug Account Section 1860D–16(b) of such ...
108hr4910ih
1395w–116(b) ) is amended— (A) in paragraph (1)— (i) by striking and at the end of subparagraph (C); (ii) by striking the period at the end of subparagraph (D) and inserting ; and ; and (iii) by adding at the end the following new subparagraph: (E) payment under paragraph (5) of premium reductions effected under sectio...
108hr4910ih
; and (B) by adding at the end the following new paragraph: (5) Payment for cola protection premium reductions (A) In general In addition to payments provided under section 1860D–15 to a PDP sponsor or an MA organization, in the case of each part D eligible individual who is enrolled in a prescription drug plan offer...
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(B) Application of provisions The provisions of subsections (d) and (f) of section 1860D–15 (relating to payment methods and disclosure of information) shall apply to payment under subparagraph (A) in the same manner as they apply to payments under such section. (c) Disregard of premium reductions in determining dedic...
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and Modernization Act of 2003 ( Public Law 108–173 ) is amended by adding at the end the following: Such premiums shall also be determined without regard to any reductions effected under section 1839(f)(2) or 1860D–13(a)(1)(F) of such title. (d) Effective dates (1) Part b premium The amendments made by subsection (a)...
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(3) MMA provision The amendment made by subsection (c) shall take effect on the date of the enactment of this Act.
108hr5199ih
1. Short title This Act may be cited as the Military Families Leave Act of 2004. 2. Leave for military families under the Family and Medical Leave Act of 1993 (a) Entitlement to leave Section 102(a)(1) of the Family and Medical Leave Act of 1993 ( 29 U.S.C.
108hr5199ih
2612(a)(1) ) is amended by adding at the end the following new subparagraph: (E) Because of any qualifying exigency (as the Secretary may by regulation determine) arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on active duty (or has been notified of an impending call or order ...
108hr5199ih
2612(b)(1) ) is amended by inserting after the second sentence the following new sentence: Subject to subsection (e)(3) and section 103(f), leave under subsection (a)(1)(E) may be taken intermittently or on a reduced leave schedule.. (c) Substitution of paid leave Section 102(d)(2)(A) of such Act ( 29 U.S.C. 2612(d)(2...
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(d) Notice Section 102(e) of such Act ( 29 U.S.C. 2612(e) ) is amended by adding at the end the following new paragraph: (3) Notice for leave due to active duty of family member In any case in which the necessity for leave under subsection (a)(1)(E) is foreseeable based on notification of an impending call or order t...
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2613 ) is amended by adding at the end the following new subsection: (f) Certification for leave due to active duty of family member An employer may require that a request for leave under section 102(a)(1)(E) be supported by a certification issued at such time and in such manner as the Secretary may by regulation pres...
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2611 ) is amended by adding at the end the following new paragraph: (14) Contingency operation The term contingency operation has the same meaning given such term in section 101(a)(13) of title 10, United States Code.. 3. Leave for military families under title 5 (a) Entitlement to leave Section 6382(a)(1) of title ...
108hr5199ih
or a son, daughter, or parent, of the employee is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation. (b) Intermittent or reduced leave schedule Section 6382(b)(1) of such title is amended by inserting after the second sentence t...
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(c) Substitution of paid leave Section 6382(d) of such title is amended by striking or (D) and inserting (D), or (E). (d) Notice Section 6382(e) of such title is amended by adding at the end the following new paragraph: (3) In any case in which the necessity for leave under subsection (a)(1)(E) is foreseeable based o...
108hr5199ih
(e) Certification Section 6383 of such title is amended by adding at the end the following new subsection: (f) An employing agency may require that a request for leave under section 6382(a)(1)(E) be supported by a certification issued at such time and in such manner as the employing agency may require. (f) Definition ...
108hr5199ih
and (3) by adding at the end the following new paragraph: (6) the term contingency operation has the same meaning given such term in section 101(a)(13) of title 10.
108hr4105ih
1. Short title This Act may be cited as the Domestic Violence Connections Campaign Act of 2004. 2. Findings Congress finds the following: (1) More than 500 men and women call the National Domestic Violence Hotline every day to get immediate, informed, and confidential assistance to help deal with family violence. (2)...
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(3) With access to over 5,000 shelters and service providers in the United States, Puerto Rico, and the United States Virgin Islands, the National Domestic Violence Hotline provides crisis intervention and immediately connects callers with sources of help in their local community. (4) The National Domestic Violence Hot...
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(5) Approximately 60 percent of the callers indicate that calling the Hotline is their first attempt to address a domestic violence situation and that they have not called the police or any other support services. (6) Between 2000 and 2003, there was a 27 percent increase in call volume. (7) Due to high call volume and...
108hr4105ih
The Department of Justice reported that over 18,000 acts of violence were committed by intimate partners in the United States each day during 2001. An average of 3 women are murdered every day in the Nation by their husbands or boyfriends. (9) Working with outdated telephone and computer equipment creates many challeng...