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108hr4432ih | (B) Residency test
The requirements of this subparagraph are met if an individual has as his principal place of abode the home of the taxpayer and— (i) in the case of an individual who is an ancestor or descendant of the taxpayer or the taxpayer’s spouse, is a member of the taxpayer’s household for over half the taxab... |
108hr4432ih | (C) Special rules where more than 1 eligible caregiver
(i) In general
If more than 1 individual is an eligible caregiver with respect to the same applicable individual for taxable years ending with or within the same calendar year, a taxpayer shall be treated as the eligible caregiver if each such individual (other t... |
108hr4432ih | (ii) No agreement
If each individual required under clause (i) to file a written declaration under clause (i) does not do so, the individual with the highest modified adjusted gross income (as defined in section 32(c)(5)) shall be treated as the eligible caregiver. (iii) Married individuals filing separately
In the c... |
108hr4432ih | (d) Identification requirement
No credit shall be allowed under this section to a taxpayer with respect to any applicable individual unless the taxpayer includes the name and taxpayer identification number of such individual, and the identification number of the physician certifying such individual, on the return of t... |
108hr4432ih | (f) Carryforward of unused credit
If the credit allowable under subsection (a) exceeds the limitation imposed by subsection (b)(4) for the taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. 4. |
108hr4432ih | Additional consumer protections for long-term care insurance
(a) Additional protections applicable to long-term care insurance
Subparagraphs (A) and (B) of section 7702B(g)(2) of the Internal Revenue Code of 1986 (relating to requirements of model regulation and Act) are amended to read as follows: (A) In general
Th... |
108hr4432ih | and the requirements of section 6B of the model Act relating to such section 6A. (II) Section 6B (relating to prohibitions on limitations and exclusions). (III) Section 6C (relating to extension of benefits). (IV) Section 6D (relating to continuation or conversion of coverage). (V) Section 6E (relating to discontinuanc... |
108hr4432ih | (VII) Section 8 (relating to disclosure), other than section 8F thereof. (VIII) Section 11 (relating to prohibitions against post-claims underwriting). (IX) Section 12 (relating to minimum standards). (X) Section 25 (relating to prohibition against preexisting conditions and probationary periods in replacement policies... |
108hr4432ih | (ii) Model Act
The following requirements of the model Act: (I) Section 6C (relating to preexisting conditions). (II) Section 6D (relating to prior hospitalization). (III) The provisions of section 8 relating to contingent nonforfeiture benefits, if the policyholder declines the offer of a nonforfeiture provision desc... |
108hr4432ih | (B) Definitions
For purposes of this paragraph— (i) Model provisions
The terms model regulation and model Act mean the long-term care insurance model regulation, and the long-term care insurance model Act, respectively, promulgated by the National Association of Insurance Commissioners (as adopted as of October 2000)... |
108hr4432ih | (iii) Determination
For purposes of this section and section 4980C, the determination of whether any requirement of a model regulation or the model Act has been met shall be made by the Secretary.. (b) Excise tax
Paragraph (1) of section 4980C(c) of such Code (relating to requirements of model provisions) is amended ... |
108hr4432ih | (ii) Section 14 (relating to application forms and replacement coverage). (iii) Section 15 (relating to reporting requirements), except that the issuer shall also report at least annually the number of claims denied during the reporting period for each class of business (expressed as a percentage of claims denied), oth... |
108hr4432ih | (v) Section 23 (relating to standards for marketing), including inaccurate completion of medical histories, other than paragraphs (1), (6), and (9) of section 23C, except that— (I) in addition to such requirements, no person shall, in selling or offering to sell a qualified long-term care insurance contract, misreprese... |
108hr4432ih | (vii) Section 29 (relating to standard format outline of coverage). (viii) Section 30 (relating to requirement to deliver shopper’s guide). The requirements referred to in clause (vi) shall not include those portions of the personal worksheet described in Appendix B relating to consumer protection requirements not impo... |
108hr4432ih | (B) Model Act
The following requirements of the model Act must be met: (i) Section 6F (relating to right to return), except that such section shall also apply to denials of applications and any refund shall be made within 30 days of the return or denial. (ii) Section 6G (relating to outline of coverage). (iii) Section... |
108hr4432ih | (vi) Section 7 (relating to incontestability period). (C) Definitions
For purposes of this paragraph, the terms model regulation and model Act have the meanings given such terms by section 7702B(g)(2)(B). (c) Additional protections
(1) In general
Paragraph (1) of section 7702B(g) of such Code (relating to consumer p... |
108hr4432ih | and by adding at the end the following new subparagraphs: (D) the inflation protection requirement of paragraph (5), (E) the lifetime deductible requirement of paragraph (6), (F) the interchangeability requirement of paragraph (7), and (G) the care management/care coordination requirement of paragraph (8). |
108hr4432ih | (2) Requirements
Subsection (g) of section 7702B of such Code is amended by redesignating paragraph (5) as paragraph (9) and by inserting after paragraph (4) the following new paragraphs: (5) Inflation protection requirement
The requirement of this paragraph is met if the contract provides for benefit levels to rise ... |
108hr4432ih | (6) Lifetime deductible requirement
The requirement of this paragraph is met if the contract requires that no more than 1 deductible amount applies for all benefits provided during the entire lifetime of the covered individual. (7) Interchangeability requirement
The requirement of this paragraph is met if the policyh... |
108hr4432ih | (B) Care manager/coordinator
For purposes of subparagraph (A), the term care manager/coordinator means an individual who, either alone or as part of a team, is responsible for performing assessments and reassessments, developing plans of care, coordinating the provision of care, and monitoring the delivery of services... |
108hr4742ih | 1. Suspension of duty on Foron Blue S-BGL granules
(a) In General
Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.35.06 Foron Blue S-BGL granules (anthraquinone dye) (CAS No. |
108hr4742ih | 31529-83-6) (provided for in subheading 3204.11.10 Free No change No change On or before 12/31/2008 (b) Effective Date
The amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act. |
108hr4752ih | 1. Short title
This Act may be cited as the Literacy, Education, and Rehabilitation Act. 2. Credit for participation in educational, vocational, treatment, assigned work, or other developmental programs
(a) In general
Section 3624 of title 18, United States Code, is amended— (1) by redesignating subsections (c), (d)... |
108hr4752ih | and (2) by inserting after subsection (b) the following new subsection: (c) Credit toward service of sentence for satisfactory participation in a designated program
(1) In general
Subject to paragraphs (2) and (3), a prisoner serving a term of imprisonment of more than 1 year, other than a term of imprisonment for th... |
108hr4752ih | beginning at the end of the first year of such term. Credit that has not been earned may not later be granted. Credit for the last year or portion of a year of the term of imprisonment shall be prorated and credited within the last 6 weeks of the sentence. |
108hr4752ih | (2) Satisfactory participation in designated program
A prisoner shall be awarded credit under paragraph (1) if the Director of the Bureau of Prisons determines that the prisoner has earned, or is making satisfactory progress toward earning, a certificate of completion in a designated program, has satisfactorily partic... |
108hr4752ih | (3) Number of days of credit awarded
(A) In general
The Director of the Bureau of Prisons shall determine and establish a policy setting forth the rate of the number of days of credit which a prisoner may be awarded under this subsection with respect to any designated program. |
108hr4752ih | (B) Specific considerations
In determining the number of days of credit a prisoner may be awarded with respect to a designated program, the Director of the Bureau of Prisons shall consider— (i) the level of difficulty of the program; (ii) the time required by the program; (iii) the level of responsibility expected of ... |
108hr4752ih | (C) Availability to prisoners
The Director of the Bureau of Prisons shall make the policy applicable to credit awarded under this subsection available for each prisoner to review prior to that prisoner’s participation in any designated program. (4) Eligibility
Any person sentenced to a term of imprisonment under cust... |
108hr4752ih | (5) Designated program
The term designated program means a program which has been designated by the Director of the Bureau of Prisons as a program which benefits either prisoners or the Bureau of Prisons, including— (A) educational and vocational programs, such as courses and programs through which a prisoner may earn... |
108hr4752ih | (b) Prisoners transferred from foreign countries to the custody of the Attorney General
(1) In general
The second sentence of section 4105(c)(1) of title 18, United States Code, is amended by inserting and for participation in designated programs under section 3624(c) after satisfactory behavior. |
108hr4752ih | (2) Conforming amendments
Section 4105(c) of title 18, United States Code, is amended— (A) by striking at the rate provided in section 3624(b) each place it appears and inserting at the rates provided in sections 3624(b) and (c) ; and (B) in paragraph (3), by striking section 3624(b) and inserting sections 3624(b) and... |
108hr4752ih | (c) Conforming amendments
(1) Title 18
Section 3603(6) of title 18, United States Code, is amended by striking 3624(c) and inserting 3624(d). (2) Title 28
Section 994(a)(2)(F) of title 28, United States Code, is amended by striking 3624(c) and inserting 3624(d). 3. |
108hr4752ih | Amount of prison term that must be served under conditions that will prepare prisoner for release
The first sentence of section 3624(d) of title 18, United States Code, as redesignated by section 2(a)(1), is amended by striking 10 per centum and inserting portion. 4. Effective date
This Act and the amendments made by... |
108hr4642ih | 1. Extension of New Jersey Coastal Heritage Trail
The second sentence of section 2 of Public Law 100–515 (102 Stat. 2563; 16 U.S.C. 1244 note) is amended by inserting including sites in the Township of Woodbridge, New Jersey, after the words cultural sites. |
108hr4659ih | 1. Short title
This Act may be cited as the USERRA Health Care Coverage Extension Act of 2004. 2. Two-year period of continuation of employer-sponsored health care coverage
(a) Improvement in period of coverage
Subsection (a)(1)(A) of section 4317 of title 38, United States Code, is amended by striking 18-month peri... |
108hr4659ih | 3. Reinstatement of reporting requirements
Section 4332 of title 38, United States Code, is amended in the matter preceding paragraph (1) by striking no later than February 1, 1996, and annually thereafter through 2000 and inserting no later than February 1, 2005, and annually thereafter. |
108hr4641ih | 1. Short title
This Act may be cited as the Cultural Conservation of the Crossroads of Civilization Act. 2. Findings
The Congress finds as follows: (1) Afghanistan has been at the crossroads of civilizations, a mosaic of ethnic and linguistic culture, and a major contributor to the world community for more than two m... |
108hr4641ih | (3) Archaeologists have identified evidence of Stone Age technology and a 20,000-year-old sculpture head in Aq Kupruk. (4) The earliest settlers in Afghanistan, who migrated from northern territories approximately 50,000 years ago, lived as individual hunters in the caves of the northern Hindu Kush mountains. |
108hr4641ih | (5) Evidence has been uncovered at the foothills of the Hindu Kush Mountains and Darra-e Dadil (near Darra-e Suf), Hazara Sum (near Aibak), and Qara Kamar (near Khulm) indicating that North Afghanistan was home to the earliest domestic plants and animals. (6) The Khyber Pass, a 33-mile passage through the Hindu Kush mo... |
108hr4641ih | (7) During the period from 336 to 323 B.C., Alexander the Great defeated Duriush III, the last Kakhamanesh ruler, took control of Afghanistan, and introduced new coins and artistic styles to the region. |
108hr4641ih | (8) Alexander the Great and his army marched through the Khyber Pass to reach the plains of India, Aryans passed through on their victorious advance of Persian and Greek armies, and Scythians, White Huns, Seljuks, Tartars, Mongols, Sassanians, Turks, Mughals, and Durranis made successive inroads into the territories be... |
108hr4641ih | (10) During the Kushan Empire, Buddha was first given a human face, and the world’s largest Buddhas ranging from 120 to 175 feet tall were carved into the cliff at Bamiyan. (11) The Silk Road passed through Afghanistan, bringing Roman glass and Chinese ceramics. (12) In 962, the rise of the Ghaznavid Dynasty ushered in... |
108hr4641ih | (13) In 1219, Changiz (Genghis) Khan invaded Bukhara to avenge the looting of his caravan. Changiz eventually defeated Khwarazn Shah and proceeded through Afghanistan in his conquest of Asia. (14) Most archaeological material excavated in Afghanistan during the 20th century was housed in the National Museum in Kabul or... |
108hr4641ih | (16) The Archaeological Institute of America has published articles listing thousands of artifacts that are among the stolen or imperiled treasures of the National Museum in Kabul. (17) The nation of Afghanistan has endured a raping and pillage of its cultural property over the past two decades, leading Abdul Wasey Fer... |
108hr4641ih | In the period from 1992 to 1994... over 70 percent of the Kabul National Museum was burned and damaged and 100 percent of the objects were stolen or vandalized. Illegal excavations and extensive clandestine digging started at most historical sites, and thousands of valuable objects were transported to other countries, ... |
108hr4641ih | Emergency implementation of import restrictions
(a) Authority
The President may exercise the authority the President has under section 304 of the Convention on Cultural Property Implementation Act ( 19 U.S.C. 2603 ) with respect to any archaeological or ethnological material of Afghanistan as if Afghanistan were a St... |
108hr4641ih | (b) Definition
In this section, the term archaeological or ethnological material of Afghanistan means cultural property of Afghanistan and other items of archaeological, historical, cultural, rare scientific, or religious importance illegally removed, after the date of the enactment of this Act, from the National Muse... |
108hr4641ih | Termination of Authority
The authority of the President under section 3 shall terminate upon the earlier of— (1) the date that is 5 years after the date on which the President certifies to the Congress that normalization of relations between the United States and the Government of Afghanistan has been established; or ... |
108hr4873ih | 1. Short title
This Act may be cited as Active Duty Naturalization Accommodation Act of 2004. 2. Flexibility in naturalization process for aliens in active duty status in the Armed Forces abroad
(a) In general
Section 332 of the Immigration and Nationality Act ( 8 U.S.C. |
108hr4873ih | 1443 ) is amended by adding at the end the following new subsection: (i) (1) In the case of an alien who has applied for naturalization under this chapter and who is stationed abroad (or who has received an order to be stationed abroad) in active duty status in the Armed Forces of the United States, the Secretary of Ho... |
108hr4873ih | and similar requirements otherwise applicable to the naturalization process for the alien are suspended until the alien is provided a period (of at least 30 days) after the date of the alien’s return to the United States after service in the Armed Forces abroad (or, in the case of rescission of such an order, the date ... |
108hr4873ih | (2) An alien described in paragraph (1) may elect (in a form and manner specified by the Secretary of Homeland Security) to waive the application of such paragraph and to meet such deadlines and requirements notwithstanding the alien’s absence from the United States. (3) The Secretary of Homeland Security shall establi... |
108hr4873ih | However, nothing in this subsection shall be construed as requiring an alien to file such form as a condition of obtaining the benefit of paragraph (1). (4) The Secretary of Homeland Security shall provide information about this subsection to aliens applying for naturalization and, to the extent practicable, the Secret... |
108hr4873ih | (b) Effective date
The amendment made by subsection (a) shall take effect on such date, not later than 30 days after the date of the enactment of this Act, as the Secretary of Homeland Security specifies. (c) Transition
In the case of an alien who, during the period beginning on September 11, 2001, and ending on the ... |
108hr4873ih | which order was carried out) in active duty status in the Armed Forces of the United States, and, during the period of such service abroad (or after receiving such order) missed a deadline, interview, or similar requirement otherwise applicable to the naturalization process for such alien, the Secretary of Homeland Sec... |
108hr4873ih | (d) Construction
Nothing in this section shall be construed as superseding the provisions of section 1701(d) of the National Defense Authorization Act for Fiscal Year 2004 ( Public Law 108–136 ). |
108hr4756ih | 1. National park service study regarding the Soldiers' Memorial Military Museum
(a) Findings
Congress finds as follows: (1) The Soldiers' Memorial is a tribute to all veterans located in the greater St. Louis area, including Southern Illinois. (2) The current annual budget for the memorial is $185,000 and is paid for... |
108hr4756ih | Louis who lost their lives in World War I. (4) The purchase of the 7 block site exhausted the funds and no money remained to construct a monument. (5) In 1933, Mayor Bernard F. Dickmann appealed to citizens and the city government to raise $1,000,000 to construct a memorial building and general improvement of the plaza... |
108hr4756ih | (7) On Memorial Day in 1938, Mayor Dickmann opened the building to the public. (b) Study
The Secretary of the Interior shall carry out a study to determine the suitability and feasibility of designating the Soldiers' Memorial Military Museum, located at 1315 Chestnut, St. Louis, Missouri, as a unit of the National Par... |
108hr4756ih | (d) Report
The Secretary shall submit a report describing the results the study required by this section to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. |
108hr5104ih | 1. Short title
This Act may be cited as the Prescott Marine Mammal Stranding Program Amendments of 2004. 2. Amendment references
Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall... |
108hr5104ih | Authorizations of appropriations for John H. Prescott Marine Mammal Rescue Assistance Grant Program
(a) Grant program
Section 408(h) ( 16 U.S.C. 1421f–1(h) ) is amended by striking fiscal years 2001 through 2003 and inserting fiscal years 2005 through 2009. (b) Marine mammal unusual mortality event fund
Section 409(... |
108hr5104ih | 1421g(3) ) is amended by striking $500,000 for fiscal year 1993 and inserting $125,000 for each of fiscal years 2005 through 2009. (c) Administrative costs and expenses
Section 408 ( 16 U.S.C. 1421f–1 ) is amended— (1) by adding at the end of subsection (a)(1) the following: All funds available to implement this secti... |
108hr5104ih | ; and (2) by amending subsection (f) to read as follows: (f) Administrative costs and expenses
Of the amounts available each fiscal year to carry out this section, the Secretary may expend not more than 6 percent or $80,000, whichever is greater, to pay the administrative costs and administrative expenses to implement... |
108hr5104ih | Any such funds retained by the Secretary for a fiscal year for such costs and expenses that are not used for such costs and expenses before the end of the fiscal year shall be provided as grants under subsection (a).. (d) Contributions
Section 408 ( 16 U.S.C. 1421f–1 ) is further amended by adding at the end the follo... |
108hr5104ih | Technical corrections
(a) Committee references
The Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1361 et seq. ) is amended by striking Committee on Merchant Marine and Fisheries each place it appears and inserting Committee on Resources. (b) Obsolete reference to section
Section 118(c)(3)(A)(i) ( 16 U.S.C. 1387(c... |
108hr5104ih | Limited authority to export marine mammal products
(a) In general
Section 101(a)(6) ( 16 U.S.C. 1371(a)(6) ) is amended by redesignating subparagraph (B) as subparagraph (C), and by inserting after subparagraph (A) the following: (B) A marine mammal product may be exported from the United States if the product— (i) i... |
108hr5104ih | (ii) is legally possessed, and exported by, a person that is not a citizen of the United States for noncommercial purposes; (iii) is legally possessed and exported as part of a cultural exchange, by an Indian, Aleut, or Eskimo residing in Alaska; or (iv) is owned by a Native inhabitant of Russia, Canada, or Greenland a... |
108hr5104ih | (b) Conforming amendment
Section 101(a)(6)(A)(i) ( 16 U.S.C. 1371(a)(6)(A)(i) ) is amended by inserting for noncommercial purposes after United States the first place it appears. 6. Take reduction plans
(a) In general
Section 118 ( 16 U.S.C. 1387 ) is amended as follows: (1) In subsection (a) by striking commercial ... |
108hr5104ih | (2) In subsection (c)(1) by striking so much as precedes subparagraph (B) and inserting the following: (c) Registration and authorization
(1) The Secretary shall, within 90 days after the date of enactment of the Marine Mammal Protection Act Amendments of 2004— (A) publish in the Federal Register for public comment, f... |
108hr5104ih | 1994 (along with an explanation of such changes and a statement describing the marine mammal stocks interacting with, and the approximate number of vessels or persons actively involved in, each such fishery), with respect to— (i) commercial and recreational fisheries that have frequent incidental mortality and serious ... |
108hr5104ih | (3) In subsection (c)(1) in subparagraphs (B) and (C) by striking commercial. (4) In subsection (c)(2)(A) by striking commercial. (5) In subsection (c)(3)(A) in the matter preceding clause (i) by striking a commercial fishery and inserting that fishery. (6) In subsection (c)(3)(E) by inserting commercial after any. (7)... |
108hr5104ih | (8) In subsection (d)(1) in the matter preceding subparagraph (A) by striking commercial fishing operations and inserting fishing operations in a fishery listed under subsection (c)(1)(A)(i) or (ii). (9) In subsection (d)(3) in the matter preceding subparagraph (A) by striking commercial fisheries and inserting fisheri... |
108hr5104ih | (10) In subsection (d)(4) as follows: (A) In the matter preceding subparagraph (A) by striking commercial fisheries and inserting fisheries listed under subsection (c)(1)(A)(i) or (ii). (B) In subparagraph (A) by striking commercial fisheries and inserting fisheries listed under subsection (c)(1)(A)(i) or (ii). (C) In ... |
108hr5104ih | (D) In subparagraph (C) by striking commercial fisheries and inserting fisheries listed under subsection (c)(1)(A)(i) or (ii). (11) In subsection (d)(5) by striking commercial fishing operations and inserting fishing operations in fisheries listed under subsection (c)(1)(A)(i) or (ii). (12) In subsection (e) in the mat... |
108hr5104ih | (13) In subsection (f) by striking so much as precedes paragraph (2) and inserting the following: (f) Take reduction plans
(1) The Secretary shall develop and implement a take reduction plan designed to assist in the recovery or prevent the depletion of each strategic stock which interacts with a fishery listed under ... |
108hr5104ih | The Secretary may develop and implement a take reduction plan for any other marine mammal stocks which interact with a fishery listed under subsection (c)(1)(A)(i) which the Secretary determines, after notice and opportunity for public comment, has a high level of mortality and serious injury across a number of such ma... |
108hr5104ih | (15) In subsection (f)(3) by striking commercial. (16) In subsection (f)(4)(B) by striking commercial fishing operations and inserting fishing operations in fisheries listed under subsection (c)(1)(A)(i) or (ii). (17) In subsection (f)(5)— (A) in subparagraph (A) by striking 6 months and inserting 9 months ; and (B) in... |
108hr5104ih | (18) In subsection (f)(6)(A)— (A) by striking (not later than 30 days) ; and (B) in clause (ii) by striking commercial fisheries and inserting fisheries listed under subsection (c)(1)(A)(i) or (ii). |
108hr5104ih | (19) In subsection (f)(6)(C) in the second sentence, by inserting before , and others the following: , where appropriate a representative of the office of General Counsel of the National Oceanic and Atmospheric Administration, a representative of the National Marine Fisheries Service having responsibilities related to ... |
108hr5104ih | (20) In subsection (f)(7)— (A) in subparagraph (A)(i) by striking 6 months and inserting 9 months ; (B) in subparagraph (B)(i)— (i) by striking not later than 60 days and inserting not later than 120 days ; and (ii) by adding at the end the following: Before publishing any plan that is different than the draft plan pro... |
108hr5104ih | ; and (C) in subparagraph (B)(ii)— (i) by striking 6 months and inserting 9 months ; and (ii) by striking not later than 8 months and inserting not later than 11 months. (21) In subsection (f)(7)(C) by striking Not later than 60 days and inserting Not later than 90 days. (22) In subsection (f)(7)(D) by striking commerc... |
108hr5104ih | (23) In subsection (f)(8)— (A) in subparagraph (C) by striking Not later than 60 days and inserting Not later than 180 days ; and (B) by striking commercial each place it appears. (24) In subsection (f)(9) as follows: (A) In subparagraph (A) by striking commercial fisheries or restrict commercial fisheries and insertin... |
108hr5104ih | (C) In subparagraph (D) by striking commercial fishing operations and inserting participation in a fishery listed under subsection (c)(1)(A)(i) or (ii). (25) In subsection (g)(1) by striking commercial fisheries and inserting fisheries listed under subsection (c)(1)(A)(i) or (ii). (26) In subsection (g)(3)(B) by striki... |
108hr5104ih | (28) In subsection (j) by inserting including observer, research, and education and outreach programs, after For purposes of carrying out this section,. (29) By amending subsection (d)(1)(C) to read as follows: (C) identify current fishery regulations and changes in fishing methods or technology that may increase or de... |
108hr5104ih | (31) By amending subsection (f)(4)(A) to read as follows: (A) a review of the information in the final stock assessment published under section 117(b), any substantial new information, a review of the conservation benefits from current State and regional fishery management regulations; |
108hr5104ih | (b) Stock assessments
Section 117(a)(4) is amended— (1) by striking and at the end of subparagraph (C); (2) by inserting and at the end of subparagraph (D); and (3) by adding at the end the following: (E) potential conservation benefits provided by State and regional fishery management regulations;. (c) Zero mortality... |
108hr5104ih | 1387 ) is amended in subsections (a)(1) and (b)(1) by striking within 7 years after the date of enactment of this section each place it appears. (d) Conforming amendment
Section 101(a)(5)(E) ( 16 U.S.C. 1371(a)(5)(E) ) is amended by inserting or recreational after commercial each place it appears. 7. Pinniped research... |
108hr5104ih | 1389 ) is amended by adding at the end the following: (k) Research on nonlethal removal and control
(1) The Secretary shall conduct research on the nonlethal removal and control of nuisance pinnipeds. The research shall include a review of measures that have been taken to effect such removal and control, the effective... |
108hr5104ih | (3) The Secretary is encouraged, where appropriate, to use independent marine mammal research institutions in developing and in conducting the research program. (4) The Secretary shall, by December 31 of each year, submit an annual report on the results of research under this subsection to the Committee on Resources of... |
108hr5104ih | (l) Qualified nonlethal control projects
(1) In general
The Secretary may, to the extent amounts are available to carry out this subsection, provide a grant to any eligible applicant to carry out a qualified nonlethal control project in accordance with this subsection. (2) Applications
The Secretary shall— (A) publi... |
108hr5104ih | (3) Eligible applicant
To be an eligible applicant for purposes of paragraph (1), an applicant must— (A) be a State, local government, or interstate or regional agency; and (B) have adequate personnel, funding, and authority to carry out and monitor or maintain a nonlethal control of nuisance pinnipeds project. |
108hr5104ih | (4) Qualified control project
To be a qualified control project under this subsection, a project must— (A) by humane and nonlethal means, remove, deter, and control nuisance pinnipeds in areas where they are a recurrent and persistent threat to public health and safety; and (B) encourage public notice, education, and ... |
108hr5104ih | (6) Reporting by grantee
(A) In general
A grantee carrying out a control project with a grant under this subsection shall report to the Secretary at the expiration of the grant. (B) Report contents
Each report under this subsection shall include specific information on the methods and techniques used to control nuis... |
108hr5104ih | (7) Cost sharing
(A) Federal share
Except as provided in paragraphs (2) and (3), the Federal share of the cost of a project carried out with a grant under this subsection shall not exceed 75 percent of such cost. |
108hr5104ih | (B) Application of in-kind contributions
The Secretary may apply to the non-Federal share of costs of a control project carried out with a grant under this subsection the fair market value of services or any other form of in-kind contribution to the project made by non-Federal interests that the Secretary determines t... |
108hr5104ih | (8) Authorization of appropriations
There are authorized to be appropriated to the Secretary $1,500,000 for each of fiscal years 2005 through 2009. (9) Clarification
Nothing in this subsection shall be interpreted as suspending or waiving any requirement under any other provision of this Act.. 8. Marine Mammal Commis... |
108hr5104ih | (b) Administration
Section 206 ( 16 U.S.C. 1406 ) is amended— (1) in paragraph (4) by striking (but at rates for individuals not to exceed $100 per diem) ; and (2) in paragraph (5) by striking Financial and all that follows through the end of that sentence. 9. Scrimshaw exemption
Any valid certificate of exemption re... |
108hr5104ih | 1539 note) that was valid under that section on April 29, 1999, shall be valid during the 10-year period beginning October 31, 1999. 10. Captive release prohibition
Section 102(a) ( 16 U.S.C. 1372(a) ) is amended— (1) in paragraph (4) by striking subsection 104(c); and and inserting section 104(c); ; (2) in paragraph ... |
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