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(b) Prohibited Acts The following acts unreasonably burden and discriminate against interstate commerce, and a State, subdivision of a State, authority acting for a State or for a subdivision of a State, or any other taxing authority, taxing jurisdiction, or taxing district established under State law may not do any o...
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(2) Levy or collect a tax on an assessment that may not be made under paragraph (1). (3) Levy or collect an ad valorem property tax on natural gas pipeline property at a tax rate that exceeds the tax rate applicable to commercial and industrial property in the same assessment jurisdiction. (4) Impose any other tax that...
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(c) Jurisdiction of Courts Notwithstanding section 1341 of title 28 of the United States Code, or notions of comity, and without regard to the amount in controversy or citizenship of the parties, a district court of the United States shall have jurisdiction, concurrent with other jurisdiction of courts of the United S...
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Relief may be granted under this subsection only if the ratio of assessed value to true market value of natural gas pipeline property exceeds by at least 5 percent the ratio of assessed value to true market value of other commercial and industrial property in the same assessment jurisdiction. If the ratio of the assess...
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as a violation of this section— (1) an assessment of the natural gas pipeline property at a value that has a higher ratio to the true market value of the natural gas pipeline property than the assessed value of all other property subject to a property tax levy in the assessment jurisdiction has to the true market value...
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Effective date; application of act (a) Effective date Except as provided in subsection (b), this Act shall take effect on the date of the enactment of this Act. (b) Application of act The Act shall not apply with respect to any taxable year that begins before the date of the enactment of this Act.
108hr5400ih
1. Short title This Act may be cited as the Medicare PPO Fairness Act of 2004. 2.
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Reimbursement of enrollees in the Medicare PPO Demonstration Project for expenses for covered benefits provided through out-of-network providers (a) Notice The Secretary of Health and Human Services shall provide written notice to each individual who is, or has been, enrolled in the Medicare PPO Demonstration Project...
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1395w–28(b)(2) ). (2) There is a procedure, established under subsection (b), to provide for reimbursement for claims for services that should be (or have been) covered but were not covered because of their provision by an out-of-network provider in violation of the requirement described in paragraph (1).
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(b) Procedure for reimbursement The Secretary shall establish a procedure for reimbursement of enrollees under the Medicare PPO Demonstration Project for claims for services furnished before January 1, 2005, that should be (or have been) covered but were not covered because of their provision by an out-of-network prov...
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(c) Adjustment in capitation rates The Secretary shall provide for an adjustment in the capitation rates for plans under the Medicare PPO Demonstration Project for months in 2005 so as to reduce payment under such rates, in the aggregate, by the aggregate amount of payments the Secretary estimates will be paid under s...
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(d) Definitions For purposes of this section: (1) Medicare PPO demonstration project defined The term Medicare PPO Demonstration Project means the Medicare Preferred Provider Organization (PPO) Demonstration conducted by the Secretary under the authority of section 402(a) of the Social Security Amendments of 1967 ( P...
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1. Transfers of funds Section 402(h) of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C.
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1232(h) ) is amended to read as follows: (h) Transfers of interest earned by fund (1) In general The Secretary shall, as of the beginning of each fiscal year beginning on or after October 1, 2004, and before making any allocation with respect to the fiscal year under subsection (g), use an amount not to exceed the am...
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(2) Transfers described The transfers referred to in paragraph (1) are the following: (A) United Mine Workers of America Combined Benefit Fund A transfer to the United Mine Workers of America Combined Benefit Fund, in an amount equal to the difference between— (i) the amount that the trustees of the Combined Benefit ...
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(B) United Mine Workers of America 1992 Benefit Plan A transfer to the United Mine Workers of America 1992 Benefit Plan, in an amount equal to the difference between— (i) the amount that the trustees of the 1992 Benefit Plan estimate will be expended from the 1992 Benefit Plan during the next calendar year to provide ...
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including the amount of any security provided to the 1992 Benefit Plan that is available for use in the provision of benefits. (C) Multiemployer health benefit plan A transfer to the multiemployer health benefit plan established after July 20, 1992, by the parties that are the settlors of the 1992 Benefit Plan referre...
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to provide benefits no greater than those provided by such plan on the date of enactment of this subparagraph; minus (ii) the amount of income that such trustees estimate such plan will receive during such calendar year. (3) Adjustment If, for any fiscal year, the amount of a transfer under subparagraph (A), (B), or (...
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(4) Additional amounts (A) Previously credited interest Notwithstanding any other provision of law, any interest credited to the fund that has not previously been transferred to the Combined Benefit Fund referred to in paragraph (2)(A) under this section shall be used— (i) to transfer to the Combined Benefit Fund suc...
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and (C) of paragraph (2). (B) Previously allocated amounts All amounts allocated under subsection (g)(2), including interest, before the date of enactment of this subparagraph for the program set forth under section 406, but not appropriated prior to such date, shall be available to the Secretary to make the transfers...
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(5) Limitations (A) Availability of funds for next fiscal year The Secretary may make transfers under subparagraphs (B) and (C) of paragraph (2) for a fiscal year only if the Secretary determines, using actuarial projections provided by the trustees of the Combined Benefit Fund referred to in paragraph (2)(A), that a...
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(B) Rate of contributions of obligors A transfer under paragraph (2)(C) shall not be made for a fiscal year unless the persons that are obligated to contribute to the plan referred to in paragraph (2)(C) on the date of the transfer are obligated to make such contributions at rates that are no less than those in effect...
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1. Certificates of recognition for employees of defense companies during the Cold War (a) Preparation of certificates The Secretary of Defense shall prepare a certificate recognizing the contributions to the national defense during the Cold War by eligible persons employed by defense companies and shall provide the c...
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(c) Application The Secretary shall provide a certificate prepared under subsection (a) to any eligible person who submits an application to the Secretary at such a time, in such manner, and containing such information and assurances as the Secretary may require. (d) Issuance to representative of deceased If an eligi...
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Definitions In this Act, the following definitions apply: (1) Cold War The term Cold War means the period beginning on September 2, 1945, and ending on December 26, 1991. (2) Eligible defense company The term eligible defense company means a private entity engaged in providing significant and substantial defense-rel...
108hr5387ih
1. Short title This Act may be cited as the Wauconda Technical and Environmental Remediation Act of 2004. 2. Findings Congress finds the following: (1) The Wauconda Sand and Gravel Superfund site, included on the National Priorities List (September, 1983) by the EPA, is a former sand and gravel operation in Lake Coun...
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(3) According to a health consultation report released by the Agency for Toxic Substances and Disease Registry, this landfill accepted an estimated 5.4 million cubic yards of waste that included residential garbage, construction debris, and industrial waste and sludge until it closed in July, 1978. (4) The site consist...
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(5) After receiving information concerning the dumping of large quantities of polychlorinated biphenyl, the EPA and the Illinois environmental protection agency started investigations into the possibility of chemicals leaking from the site. (6) The EPA, after receiving the results from those investigations, placed the ...
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The results of the testing of these wells showed vinyl chloride contamination in 7 wells, with the highest level of contamination being 3.6 micrograms per liter. (8) On January 13, 2004, the Lake County Health Department held a public meeting to discuss these results with local residents. The EPA started negotiating wi...
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(9) After completion of the testing in March, 2004, 81 of the 121 residential wells tested showed vinyl chloride contamination. (10) The results were discussed with local residents and the Wauconda Task Group provided bottled drinking water to Wauconda residents whose wells tested above 1 microgram of vinyl chloride pe...
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Assistance (a) Immediate assistance The Administrator of the EPA shall— (1) provide bottled drinking water to Wauconda residents served by residential wells with any contamination of vinyl chloride; and (2) increase the testing and monitoring of wells of Wauconda residents. (b) Continuing responsibility Nothing in t...
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(c) Remedial assistance The Administrator shall— (1) conduct a study to examine possible long term solutions to remediate the Wauconda Sand and Gravel Superfund site and to provide a clean drinking water source for Wauconda residents; and (2) make recommendations and implement a long term solution based on such recomm...
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(d) Comprehensive resolution The Administrator shall work with the heads of other appropriate Federal and State agencies to seek a comprehensive resolution to both the short term and long term environmental and health problems related to the Wauconda Sand and Gravel Superfund site. (e) Authorization of appropriations ...
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Definitions For purposes of this Act: (1) Wauconda resident The term Wauconda resident means an individual living within a 1.5-mile radius of the Wauconda Sand and Gravel Superfund site. (2) EPA The term EPA means the Environmental Protection Agency.
108hr4973ih
1. Short title This Act may be cited as the Graduation Really Achieves Dreams Act or the GRAD Act. 2. Findings The Congress makes the following findings: (1) The national high school graduation rate is only 70 percent, and in urban districts that percentage drops further to only 50 percent. (2) The national graduatio...
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(4) Six million secondary students who make up the lowest 25 percent in terms of achievement scores are 3.5 times more likely to drop out than students in the next highest quarter of academic achievement, and are 20 times more likely to drop out than high achieving students. (5) Approximately 25 percent of secondary sc...
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(6) Low graduation rates are evidence that, in the earlier grades, schools are not meeting the fundamental achievement needs of low-income students. (7) Even those students who do graduate from secondary schools and go on to college are struggling because they lack the basic skills to succeed. Approximately 40 percent ...
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Of students from families in the bottom 20 percent in terms of income who enter college, only 27 percent go on to complete a two- or four-year college degree within eight years. (9) Graduation rates impact early drop-out rates in the military. The attrition rates of both non-high school graduates and GED recipients are...
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(10) Students who fail to graduate from high school are more likely to engage in criminal activity than students who graduate. A one percent increase in high school graduation rates would save approximately $1.4 billion in costs associated with incarceration, or about $2,100 for each male high school graduate. (11) In ...
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(12) Employment projections indicate that jobs requiring only a high school degree will grow by just 9 percent by the year 2008, while those requiring a bachelor’s degree will grow by 25 percent and those requiring an associate’s degree will grow by 31 percent. (13) Personalization of the school environment has been pr...
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These feelings result in failure to work hard, to seek assistance, or to take appropriate courses. (14) Effective research-based education programs that improve high school graduation rates are comprehensive in nature and include interventions that begin in kindergarten and span all the grades through 12th. 3. Project ...
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(b) Grant authorized The Secretary is authorized to award a grant to Project GRAD USA, a nonprofit educational organization that has as its primary purpose the improvement of high school graduation and college going rates for disadvantaged students (hereinafter in this section referred to as the grantee ), to provide ...
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(c) Requirements of grant agreement The Secretary shall enter into an agreement with the grantee that requires that— (1) the grantee will enter into subcontracts with nonprofit educational organizations (hereinafter in this section referred to as subgrantees ) under which the subgrantees will agree to establish, opera...
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(3) funds made available under the grant can be used to pay the Federal share of the cost of establishing and operating programs as provided in paragraph (1) and costs associated with the provision of technical assistance as provided in paragraph (2) ; and (4) the grantee will select only subgrantees that serve a subst...
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Such programs shall, with the agreement of the grantee, identify one or more groups of public schools at which services will be provided through establishing a feeder pattern through which elementary and secondary schools channel students having participated in Project GRAD services into an identified high school.
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(2) Integrated education reform services The services provided through project GRAD programs shall include— (A) research-based programs in reading, mathematics, and classroom management; (B) campus-based social services programs including a systematic approach to increase family and community involvement in the school...
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(e) Use of funds Not less than 75 percent of the funds received by the grantee under this section shall be used to fund awards to subgrantees to carry out the requirements of subsection (d)(1). The balance of such funds shall be used by grantee to carry out the requirements of subsection (d)(2) , as well as other such...
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(f) Federal share (1) In general For purposes of subsection (c) , the term Federal share means, with respect to the costs of Project GRAD programs authorized in subsection (c) , subgrants provided by the grantee averaging $200 per pupil, adjusted to take into consideration the resources available to the school at whi...
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(2) Exception Nothing in this subsection shall preclude the awarding of subgrants reflecting a per student cost of more than $200 if the grantee determines that additional resources were not available consistent with the requirements placed on the grantee in subsection (c)(4). (3) More may be required If funds or res...
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(g) Evaluation (1) Evaluation by the Secretary The Secretary shall select an independent entity to evaluate every 3 years the performance of students who participate in a program under this section. The evaluation shall be contracted using the strongest possible research design for determining the effectiveness of pr...
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(2) Evaluation by grantee and subgrantees The grantee shall require each subgrantee to prepare an in-depth report of the results of the programs supported with funds, and the use of funds, made available under this section. Such review shall include data on the reading and math achievement of students involved in the ...
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The report shall be in a form and include such content as shall be determined by the grantee in consultation with the Secretary or the entity selected by the Secretary to evaluate the Project GRAD program. (3) Availability of evaluations Copies of any evaluation or report prepared pursuant to this section shall be ava...
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(h) Authorization of appropriations There are authorized to be appropriated to make grants under this section $27,000,000 for fiscal year 2005 and such sums as may be necessary for each of the 5 succeeding fiscal years. (i) Low-income student For purposes of this section, the term low-income student means a student w...
108hr5332ih
1. Short title; table of contents (a) Short title This Act may be cited as the Matthew Boisvert Help Extend Respect Owed to Every Soldier (HEROES) Act. (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents Title I—Initial Care Sec. 101. Access of veterans serv...
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Minimum standards for postdeployment medical examinations Sec. 202. Requirement for vouchers for psychiatric services not offered in Department of Veterans Affairs clinics Sec. 203. Health registry for veterans of Operation Iraqi Freedom and Operation Enduring Freedom Sec. 204. Rescission of Department of Veterans Affa...
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Mortgage assistance Title V—Education Sec. 501. Repeal of $1,200 reduction in basic pay required for participation by members of the Armed Forces in the Montgomery GI Bill educational assistance program 101.
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Access of veterans service organizations and military service organizations to veterans at military and veterans hospitals (a) Access to VA facilities The Secretary of Veterans Affairs shall allow access by representatives of military and veterans' service organizations and by representatives of veterans' services ag...
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Access to veterans under this subsection shall be provided at each facility of the Department at which the Secretary furnishes care and services to veterans and at each non-Department facility at which the Secretary furnishes such care and services.
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(b) Access to DOD facilities The Secretary of Defense shall allow access by representatives of military and veterans' service organizations and by representatives of veterans' services agencies of States to members of the Armed Forces being furnished hospital care and medical services by the Secretary in order to prov...
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(c) Consent required Access to a veteran under this section is subject to the consent of the veteran. 102. Authority to provide civilian clothing to members traveling in connection with medical evacuation Section 1047 of title 10, United States Code, is amended— (1) by inserting (b) Certain Enlisted Members.— before ...
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or reimburse a member for the purchase of civilian clothing in an amount not to exceed $250, in the case of a member who— (1) is medically evacuated for treatment in a medical facility by reason of an illness or injury incurred or aggravated while on active duty; or (2) after being medically evacuated as described in p...
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Minimum standards for postdeployment medical examinations (a) Quality assurance The Secretary of Defense, acting through the Assistant Secretary of Defense for Health Affairs, shall establish an effective quality assurance program that will help ensure that the Armed Forces comply with the requirements of section 107...
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(b) Uniform applicability The Secretary shall ensure that the content and standards prescribed for predeployment and postdeployment medical examinations are applied uniformly at all installations and medical facilities of the Armed Forces where medical examinations required under this section are performed for members...
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In the case of acute post-traumatic stress disorder and delayed onset post-traumatic stress disorder, such examination shall specifically include a personal evaluation to identify stressors experienced by servicemembers that have the potential to lead to post-traumatic stress disorders. An examination consisting solely...
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Requirement for vouchers for psychiatric services not offered in Department of Veterans Affairs clinics The Secretary of Veterans Affairs shall provide vouchers to veterans entitled to psychiatric and mental health services at medical facilities of the Department of Veterans Affairs for use at non-Department facilitie...
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Health registry for veterans of Operation Iraqi Freedom and Operation Enduring Freedom (a) Establishment The Secretary of Veterans Affairs shall establish and maintain a special record containing health status information concerning individuals who as members of the Armed Forces served during Operation Iraqi Freedom ...
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(c) Compatibility with DOD registry The Secretary shall ensure that the information in the record under this section be collected and maintained so as to enable easy cross-reference with a registry for the Department of Defense established under this Act. (d) Notification of research developments The Secretary shall ...
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Rescission of Department of Veterans Affairs memorandum (a) Rescission of memorandum The memorandum of the Department of Veterans Affairs dated July 18, 2002, from the Deputy Under Secretary for Health for Operations and Management with the subject Status of VHA Enrollment and Associated Issues is hereby rescinded. M...
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(b) Funding limitation No funds available to the Department of Veterans Affairs may be used to carry out the memorandum referred to in subsection (a) or otherwise to implement the policy contained in that memorandum. 301. Disabled Servicemembers Support System (a) DSSS Program The Secretary of each military departme...
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(b) Service executive agent The Secretary of each military department shall designate an executive agent for each of the Armed Forces under that Secretary’s jurisdiction to have the authority and responsibility to carry out the program under this section throughout that Armed Force and, in cooperation with the Secreta...
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(c) Personnel The Secretary shall ensure that there are sufficient personnel assigned to the program so that the the ratio of severely disabled members or former members eligible for the program at any time to the number of personnel assigned to the program with specific responsibility for advocacy and follow-up for a...
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Reauthorization of Service Members Occupational Conversion and Training Act (a) Employment training assistance The Secretary of Defense shall carry out a program to assist eligible persons in obtaining employment through participation in programs of significant training for employment in stable and permanent position...
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(b) Agreements with State agencies The Secretary (or other implementing official) may enter into contracts or agreements with State approving agencies (as designated pursuant to section 3671 of title 38, United States Code) or other State agencies to carry out duties under the program. The Secretary (or other implemen...
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(c) Eligible persons For purposes of the program under this section, a person is an eligible person if the person is an eligible person under the Service Members Occupational Conversion and Training Act of 1992 ( 10 U.S.C. 1143 note) or if the person, while a member of the Armed Forces on active duty, served in Operat...
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(d) Incorporation of provisions of 1992 Act In carrying out the program under this section, the Secretary shall, to the maximum extent practicable, incorporate the provisions of the Service Members Occupational Conversion and Training Act of 1992 ( 10 U.S.C. 1143 note). 303.
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Sense of Congress on DoD/VA information sharing It is the sense of Congress that the Secretary of Defense and the Secretary of Veterans Affairs— (1) should jointly identify ways to improve the coordination and cooperation between the two departments to support the provision of veterans' benefits to members and former ...
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and shared electronic databases with appropriate privacy protections. 401. Mortgage assistance (a) In general Section 230 of the National Housing Act ( 12 U.S.C. 1715u ) is amended by adding at the end the following new subsection: (g) (1) The Secretary shall provide assistance and supplemental assistance under this ...
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(2) An individual shall be eligible for assistance under this subsection only if— (A) the individual has been seriously injured while on active duty in the Armed Forces; and (B) the income of the individual is materially reduced (in the determination of the Secretary) because of such injury. (3) A mortgage shall be eli...
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(4) (A) Subject only to the availability of amounts provided under appropriations Acts, the Secretary shall provide assistance under this subsection in the form of monthly payments made by the Secretary to the mortgagee of an eligible mortgage on behalf of any eligible member of the Armed Forces. (B) Assistance payment...
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(C) Assistance payments under this paragraph shall be in the amount determined by the Secretary to be necessary to pay any monthly charges during such period for principal, interest, taxes, assessments, ground rents, hazard insurance, and mortgage insurance premiums (unless otherwise provided under section 222(c)), and...
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(5) (A) Subject only to the availability of amounts provided under appropriations Acts, the Secretary shall provide supplemental assistance under this subsection in the form of monthly supplemental payments made by the Secretary to the mortgagee of an eligible mortgage on behalf of any eligible member of the Armed Forc...
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(C) Supplemental assistance payments under this paragraph shall be made in the amount equal to the difference between— (i) the amount determined by the Secretary to be necessary to pay any monthly charges for principal, interest, taxes, assessments, ground rents, hazard insurance, and mortgage insurance premiums (unles...
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(6) The Secretary may prescribe additional requirements to carry out this subsection. (7) For purposes of this subsection: (A) The term active duty means full-time duty in the active military service of the United States. The term includes full-time training duty, annual training duty, and attendance, while in the acti...
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(B) The term Armed Forces means the Army, Navy, Air Force, Marine Corps, and Coast Guard, and includes members of the National Oceanic and Atmospheric Administration and the Public Health Service when assigned to and serving with the Armed Forces. (C) The term eligible member of the Armed Forces means an individual who...
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(E) The term income means income from all sources and members of the household, including any benefits and annuities, as determined in accordance with criteria prescribed by the Secretary. (8) There are authorized to be appropriated such sums as may be necessary to carry out this subsection.. (b) Effective date Assist...
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200 reduction in basic pay required for participation by members of the Armed Forces in the Montgomery GI Bill educational assistance program Any reduction in the basic pay of an individual referred to in section 3011(b) of title 38, United States Code, by reason of such section 3011(b), or of any individual referred ...
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and any obligation of such individual under such section 3011(b) or 3012(c), as the case may be, as of the day before such date shall be considered to be fully satisfied as of such date.
108hr4870ih
1. Effective date for payment of lump sums to persons awarded the Medal of Honor Section 1562(f) of title 38, United States Code, is amended— (1) in paragraph (1) by inserting on or after April 27, 1916, after under this section ; (2) in paragraph (2) by inserting or (4) after paragraph (1) ; and (3) by adding at the ...
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the Secretary shall make the payment to the living person first listed below: (A) The decedent’s spouse. (B) The decedent’s children (in equal shares). (C) The decedent’s dependent parents (in equal shares).
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(4) If a person is awarded the Medal of Honor posthumously on or after April 27, 1916, the Secretary shall pay, in a lump sum, an amount equal to the total amount of special pension that the person would have received during the period beginning on the first day of the first month beginning after the date of the act fo...
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(B) The decedent’s children (in equal shares). (C) The decedent’s dependent parents (in equal shares)..
108hr5038ih
1. Short title This Act may be cited as the American Heroes Act. 2. Findings Congress finds the following: (1) Each State has chosen statues of 2 local heroes to exhibit in the Capitol. (2) Most of these heroes depict figures who lived during the early years of the Nation’s history. (3) The completion of the construc...
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(4) On September 11, 2001, the passengers of United Airlines flight number 93 made a unique contribution which helped to protect the Capitol from attack. 3. State hero designation (a) In general Each State may provide 1 statue of an individual representing that State which shall be displayed in the Capitol Visitor Ce...
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(c) Selection of heroes No statue shall be displayed in the Capitol Visitor Center unless the individual depicted in the statue was selected in the manner described in section 4. (d) American Hero Administrator (1) In general The Clerk of the House of Representatives and the Secretary of the Senate shall jointly ass...
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(2) Statue guidelines The American Hero Administrator shall prepare guidelines establishing the size, weight, and other necessary restrictions to be placed on the statues to be displayed in the Capitol Visitor Center under this Act. 4. State American Hero Commissions (a) In general In order for a statue provided by ...
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(b) Duties of the commission (1) Selection of heroes Each American Hero Commission shall choose, by a majority vote, after considering any suggestions submitted under subsection (b), the individual whose statue will represent the State of that Commission. (2) Commission and delivery of statue Each American Hero Comm...
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(c) Commissioners (1) Appointment Each American Hero Commission shall be comprised of commissioners who are appointed by Members of Congress. (2) Number Each Member of Congress shall appoint 1 commissioner to the American Hero Commission for that Member’s State so that the total number of commissioners shall be equa...
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(4) Compensation Commissioners shall serve on the American Hero Commission without compensation. (5) Administration The commissioners of each American Hero Commission shall establish the rules, meeting schedules, and deadlines that they consider appropriate in carrying out their duties. (d) Consultation of essays (1...
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(2) Consultation In determining who will represent their State, the commissioners of each American Hero Commission shall consider any individuals suggested in the essays submitted under paragraph (1). 5. Statue honoring the passengers of Flight 93 (a) Procurement and installation of statue The Architect of the Capit...
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1. Short title This Act may be cited as the Military Sexual Assault Crimes Revision Act of 2004. 2. Military sexual abuse (a) Sexual abuse Section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice), is amended to read as follows: 920. Art. 120. Sexual abuse (a) Any person subj...