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108hr4686ih
Lower Mississippi River resource assessment Section 402 of the Water Resources Development Act of 2000 (114 Stat. 2633) is amended— (1) by striking subsection (b) and (c) and inserting the following: (b) Assessments Not later than June 30, 2004, the Secretary shall submit the assessments described in subsection (a) t...
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(c) Demonstration projects To assist in the assessment, the Secretary may implement the following demonstration projects at Federal expense prior to the completion of the report under subsection (b). (2) by striking subsection (e) and inserting the following: (e) Authorization of appropriations There is authorized to...
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Flood mitigation (a) Section 212(i)(1) of the Water Resources Development Act of 1999 ( 33 U.S.C. 2332(i)(1) ; 113 Stat. 291) is amended to read as follows: (1) In general There is authorized to be appropriated $100,000,000 to carry out this section for fiscal years 2005 through 2014.. 9. Hazard mitigation (a) Incre...
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5165(e)(1) ) is amended by striking 20 percent and inserting 30 percent.. (b) Limitation on total amount of Federal contributions Section 404(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170c(a) ) is amended by striking 15 percent of the estimated aggregate amount of grants to...
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Gulf hypoxia research, coordination, and monitoring (a) Establishment To implement the recommendations of the Mississippi River/Gulf of Mexico Watershed Nutrient Task Force, the Secretary shall establish at the Waterways Experiment Station in Vicksburg, Mississippi, a program to coordinate monitoring and research in ...
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(b) Monitoring coordination The Secretary shall administer and coordinate programs to identify the sources of nutrients in the Gulf of Mexico, including the programs authorized by sections 16 and 17 of this title and the program authorized by section 304 of the Water Resources Development Act of 2000 and other program...
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(d) Sub-basin nutrient monitoring and modeling Pursuant to section 403 of the Water Resources Development Act of 2000, the Secretary shall develop sediment and nutrient studies for the following sub-basins of the Mississippi River basin: (1) Missouri River basin. (2) Ohio River basin. (3) Tennessee River basin. (4) Ar...
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(e) Sub-basin collaboration The Secretary shall establish and coordinate sub-basin commissions in each of the following sub-basins to develop and implement long-term nutrient reduction strategies: (1) Missouri River basin. (2) Upper Mississippi River basin. (3) Ohio River basin. (4) Tennessee River basin. (5) Arkansas...
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Wetland restoration demonstration projects (a) Establishment The Secretary shall establish a consortium of universities from States throughout the Mississippi River Basin to demonstrate the full range of wetland values and functions, including floodplain wetlands in the Lower Mississippi River floodplain, to reduce n...
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1. Exclusion of the Social Security trust funds from the unified Federal budget Section 201 of the Social Security Act ( 42 U.S.C.
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401 ) is amended by adding at the end the following new subsection: (o) (1) The receipts and disbursements of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund (including taxes upon which any such receipts are based)— (A) shall not be included in the Federal budget b...
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(2) Any official statement issued by the Office of Management and Budget or by the Congressional Budget Office of surplus or deficit totals of the budget of the United States Government as submitted by the President or of the surplus or deficit totals of the congressional budget, and any description of, or reference to...
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Effective date The amendment made by this Act shall apply to fiscal years beginning on or after October 1, 2005.
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1. Application of countervailing duties to nonmarket economy countries Section 701(a)(1) of the Tariff Act of 1930 ( 19 U.S.C. 1671(a)(1) ) is amended by inserting (including a nonmarket economy country) after country each place it appears. 2. Effective date The amendments made by section 1 apply to petitions filed u...
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1. Short title This Act may be cited as the Arctic Coastal Plain Domestic Energy Security Act of 2004. 2. Definitions In this Act: (1) Coastal Plain The term Coastal Plain means that area identified as such in the map entitled Arctic National Wildlife Refuge , dated August 1980, as referenced in section 1002(b) of t...
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3142(b)(1) ), comprising approximately 1,549,000 acres, and as described in appendix I to part 37 of title 50, Code of Federal Regulations. (2) Secretary The term Secretary , except as otherwise provided, means the Secretary of the Interior or the Secretary’s designee. 3. Leasing program for lands within the Coastal P...
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181 et seq. ) that will result in an environmentally sound program for the exploration, development, and production of the oil and gas resources of the Coastal Plain; and (2) to administer the provisions of this Act through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other provis...
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by requiring the application of the best commercially available technology for oil and gas exploration, development, and production to all exploration, development, and production operations under this Act in a manner that ensures the receipt of fair market value by the public for the mineral resources to be leased. (b...
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(c) Compliance with requirements under certain other laws (1) Compatibility For purposes of the National Wildlife Refuge System Administration Act of 1966, the oil and gas leasing program and activities authorized by this section in the Coastal Plain are deemed to be compatible with the purposes for which the Arctic ...
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(2) Adequacy of the Department of the Interior’s legislative environmental impact statement The Final Legislative Environmental Impact Statement (April 1987) on the Coastal Plain prepared pursuant to section 1002 of the Alaska National Interest Lands Conservation Act of 1980 ( 16 U.S.C. 3142 ) and section 102(2)(C) of...
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4332(2)(C) ) is deemed to satisfy the requirements under the National Environmental Policy Act of 1969 that apply with respect to actions authorized to be taken by the Secretary to develop and promulgate the regulations for the establishment of a leasing program authorized by this Act before the conduct of the first le...
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Notwithstanding any other law, the Secretary is not required to identify nonleasing alternative courses of action or to analyze the environmental effects of such courses of action. The Secretary shall only identify a preferred action for such leasing and a single leasing alternative, and analyze the environmental effec...
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The Secretary shall only consider public comments that specifically address the Secretary’s preferred action and that are filed within 20 days after publication of an environmental analysis. Notwithstanding any other law, compliance with this paragraph is deemed to satisfy all requirements for the analysis and consider...
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(e) Special areas (1) In general The Secretary, after consultation with the State of Alaska, the city of Kaktovik, and the North Slope Borough, may designate up to a total of 45,000 acres of the Coastal Plain as a Special Area if the Secretary determines that the Special Area is of such unique character and interest ...
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(2) Management Each such Special Area shall be managed so as to protect and preserve the area’s unique and diverse character including its fish, wildlife, and subsistence resource values. (3) Exclusion from leasing or surface occupancy The Secretary may exclude any Special Area from leasing. If the Secretary leases a...
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(4) Directional drilling Notwithstanding the other provisions of this subsection, the Secretary may lease all or a portion of a Special Area under terms that permit the use of horizontal drilling technology from sites on leases located outside the area. (f) Limitation on closed areas The Secretary’s sole authority to...
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(g) Regulations (1) In general The Secretary shall prescribe such regulations as may be necessary to carry out this Act, including rules and regulations relating to protection of the fish and wildlife, their habitat, subsistence resources, and environment of the Coastal Plain, by no later than 15 months after the dat...
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Lease sales (a) In general Lands may be leased pursuant to this Act to any person qualified to obtain a lease for deposits of oil and gas under the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ).
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(b) Procedures The Secretary shall, by regulation, establish procedures for— (1) receipt and consideration of sealed nominations for any area in the Coastal Plain for inclusion in, or exclusion (as provided in subsection (c)) from, a lease sale; (2) the holding of lease sales after such nomination process; and (3) pub...
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(d) Acreage minimum in first sale In the first lease sale under this Act, the Secretary shall offer for lease those tracts the Secretary considers to have the greatest potential for the discovery of hydrocarbons, taking into consideration nominations received pursuant to subsection (b)(1), but in no case less than 200...
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(e) Timing of lease sales The Secretary shall— (1) conduct the first lease sale under this Act within 22 months after the date of the enactment of this Act; and (2) conduct additional sales so long as sufficient interest in development exists to warrant, in the Secretary’s judgment, the conduct of such sales. 5.
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Grant of leases by the Secretary (a) In general The Secretary may grant to the highest responsible qualified bidder in a lease sale conducted pursuant to section 4 any lands to be leased on the Coastal Plain upon payment by the lessee of such bonus as may be accepted by the Secretary. (b) Subsequent transfers No lea...
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Lease terms and conditions (a) In general An oil or gas lease issued pursuant to this Act shall— (1) provide for the payment of a royalty of not less than 12 1/2 percent in amount or value of the production removed or sold from the lease, as determined by the Secretary under the regulations applicable to other Federa...
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(3) require that the lessee of lands within the Coastal Plain shall be fully responsible and liable for the reclamation of lands within the Coastal Plain and any other Federal lands that are adversely affected in connection with exploration, development, production, or transportation activities conducted under the leas...
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(5) provide that the standard of reclamation for lands required to be reclaimed under this Act shall be, as nearly as practicable, a condition capable of supporting the uses which the lands were capable of supporting prior to any exploration, development, or production activities, or upon application by the lessee, to ...
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and its contractors use best efforts to provide a fair share, as determined by the level of obligation previously agreed to in the 1974 agreement implementing section 29 of the Federal Agreement and Grant of Right of Way for the Operation of the Trans-Alaska Pipeline, of employment and contracting for Alaska Natives an...
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(b) Project labor agreements The Secretary, as a term and condition of each lease under this Act and in recognizing the Government’s proprietary interest in labor stability and in the ability of construction labor and management to meet the particular needs and conditions of projects to be developed under the leases i...
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Coastal Plain environmental protection (a) No significant adverse effect standard to govern authorized Coastal Plain activities The Secretary shall, consistent with the requirements of section 3, administer the provisions of this Act through regulations, lease terms, conditions, restrictions, prohibitions, stipulatio...
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and production operations; and (3) ensure that the maximum amount of surface acreage covered by production and support facilities, including airstrips and any areas covered by gravel berms or piers for support of pipelines, does not exceed 2,000 acres on the Coastal Plain.
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(b) Site-specific assessment and mitigation The Secretary shall also require, with respect to any proposed drilling and related activities, that— (1) a site-specific analysis be made of the probable effects, if any, that the drilling or related activities will have on fish and wildlife, their habitat, and the environm...
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(c) Regulations to protect Coastal Plain fish and wildlife resources, subsistence users, and the environment Before implementing the leasing program authorized by this Act, the Secretary shall prepare and promulgate regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other measures desi...
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(d) Compliance with Federal and State environmental laws and other requirements The proposed regulations, lease terms, conditions, restrictions, prohibitions, and stipulations for the leasing program under this Act shall require compliance with all applicable provisions of Federal and State environmental law and shall...
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(2) Seasonal limitations on exploration, development, and related activities, where necessary, to avoid significant adverse effects during periods of concentrated fish and wildlife breeding, denning, nesting, spawning, and migration.
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(3) That exploration activities, except for surface geological studies, be limited to the period between approximately November 1 and May 1 each year and that exploration activities shall be supported by ice roads, winter trails with adequate snow cover, ice pads, ice airstrips, and air transport methods, except that s...
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(4) Design safety and construction standards for all pipelines and any access and service roads, that— (A) minimize, to the maximum extent possible, adverse effects upon the passage of migratory species such as caribou; and (B) minimize adverse effects upon the flow of surface water by requiring the use of culverts, br...
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(6) Stringent reclamation and rehabilitation requirements, consistent with the standards set forth in this Act, requiring the removal from the Coastal Plain of all oil and gas development and production facilities, structures, and equipment upon completion of oil and gas production operations, except that the Secretary...
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(8) Appropriate prohibitions or restrictions on sand and gravel extraction. (9) Consolidation of facility siting. (10) Appropriate prohibitions or restrictions on use of explosives. (11) Avoidance, to the extent practicable, of springs, streams, and river system; the protection of natural surface drainage patterns, wet...
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(13) Treatment and disposal of hazardous and toxic wastes, solid wastes, reserve pit fluids, drilling muds and cuttings, and domestic wastewater, including an annual waste management report, a hazardous materials tracking system, and a prohibition on chlorinated solvents, in accordance with applicable Federal and State...
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(18) Compliance with applicable air and water quality standards. (19) Appropriate seasonal and safety zone designations around well sites, within which subsistence hunting and trapping shall be limited. (20) Reasonable stipulations for protection of cultural and archeological resources. (21) All other protective enviro...
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(e) Considerations In preparing and promulgating regulations, lease terms, conditions, restrictions, prohibitions, and stipulations under this section, the Secretary shall consider the following: (1) The stipulations and conditions that govern the National Petroleum Reserve-Alaska leasing program, as set forth in the ...
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(3) The land use stipulations for exploratory drilling on the KIC–ASRC private lands that are set forth in Appendix 2 of the August 9, 1983, agreement between Arctic Slope Regional Corporation and the United States. (f) Facility consolidation planning (1) In general The Secretary shall, after providing for public not...
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(2) Objectives The plan shall have the following objectives: (A) Avoiding unnecessary duplication of facilities and activities. (B) Encouraging consolidation of common facilities and activities. (C) Locating or confining facilities and activities to areas that will minimize impact on fish and wildlife, their habitat, ...
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(g) Access to public lands The Secretary shall— (1) manage public lands in the Coastal Plain subject to section subsections (a) and (b) of section 811 of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3121 ); and (2) ensure that local residents shall have reasonable access to public lands in the Coast...
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Expedited judicial review (a) Filing of complaint (1) Deadline Subject to paragraph (2), any complaint seeking judicial review of any provision of this Act or any action of the Secretary under this Act shall be filed in any appropriate district court of the United States— (A) except as provided in subparagraph (B), ...
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(2) Venue Any complaint seeking judicial review of an action of the Secretary under this Act may be filed only in the United States Court of Appeals for the District of Columbia. (3) Limitation on scope of certain review Judicial review of a Secretarial decision to conduct a lease sale under this Act, including the e...
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The Secretary’s identification of a preferred course of action to enable leasing to proceed and the Secretary’s analysis of environmental effects under this Act shall be presumed to be correct unless shown otherwise by clear and convincing evidence to the contrary. (b) Limitation on other review Actions of the Secreta...
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Federal and State distribution of revenues (a) In general Notwithstanding any other provision of law, of the amount of adjusted bonus, rental, and royalty revenues from oil and gas leasing and operations authorized under this Act— (1) 50 percent shall be paid to the State of Alaska; and (2) except as provided in sect...
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Rights-of-way across the Coastal Plain (a) Exemption Title XI of the Alaska National Interest Lands Conservation Act of 1980 ( 16 U.S.C. 3161 et seq. ) shall not apply to the issuance by the Secretary under section 28 of the Mineral Leasing Act ( 30 U.S.C. 185 ) of rights-of-way and easements across the Coastal Plain...
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(b) Terms and conditions The Secretary shall include in any right-of-way or easement referred to in subsection (a) such terms and conditions as may be necessary to ensure that transportation of oil and gas does not result in a significant adverse effect on the fish and wildlife, subsistence resources, their habitat, a...
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11. Conveyance In order to maximize Federal revenues by removing clouds on title to lands and clarifying land ownership patterns within the Coastal Plain, the Secretary, notwithstanding the provisions of section 1302(h)(2) of the Alaska National Interest Lands Conservation Act ( 16 U.S.C.
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3192(h)(2) ), shall convey— (1) to the Kaktovik Inupiat Corporation the surface estate of the lands described in paragraph 1 of Public Land Order 6959, to the extent necessary to fulfill the Corporation’s entitlement under section 12 of the Alaska Native Claims Settlement Act ( 43 U.S.C.
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1611 ) in accordance with the terms and conditions of the Agreement between the Department of the Interior, the United States Fish and Wildlife Service, the Bureau of Land Management, and the Kaktovik Inupiat Corporation effective January 22, 1993; and (2) to the Arctic Slope Regional Corporation the remaining subsurfa...
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Local government impact aid and community service assistance (a) Financial assistance authorized (1) In general The Secretary may use amounts available from the Coastal Plain Local Government Impact Aid Assistance Fund established by subsection (d) to provide timely financial assistance to entities that are eligible...
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(2) Eligible entities The North Slope Borough, Kaktovik, and other boroughs, municipal subdivisions, villages, and any other community organized under Alaska State law shall be eligible for financial assistance under this section. (b) Use of assistance Financial assistance under this section may be used only for— (1)...
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and maintaining projects and programs that provide new or expanded public facilities and services to address needs and problems associated with such effects, including firefighting, police, water, waste treatment, medivac, and medical services; and (4) establishment of a coordination office, by the North Slope Borough,...
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and (B) provide to the Committee on Resources of the House of Representatives and the Committee on Energy and Resources of the Senate an annual report on the status of coordination between developers and the communities affected by development. (c) Application (1) In general Any community that is eligible for assista...
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(2) North Slope Borough communities A community located in the North Slope Borough may apply for assistance under this section either directly to the Secretary or through the North Slope Borough. (3) Application assistance The Secretary shall work closely with and assist the North Slope Borough and other communities ...
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(2) Use Amounts in the fund may be used only for providing financial assistance under this section. (3) Deposits Subject to paragraph (4), there shall be deposited into the fund amounts received by the United States as revenues derived from rents, bonuses, and royalties under on leases and lease sales authorized unde...
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(e) Authorization of appropriations To provide financial assistance under this section there is authorized to be appropriated to the Secretary from the Coastal Plain Local Government Impact Aid Assistance Fund $5,000,000 for each fiscal year.
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1. Pigment Red 187 (a) In general Heading 9902.32.22 of the Harmonized Tariff Schedule of the United States is amended by striking 12/31/2002 and inserting 12/31/2006. (b) Effective date The amendment made by subsection (a) applies with respect to goods entered, or withdrawn from warehouse for consumption, on or aft...
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1. Permanent resident status for Denes and Gyorgyi Fulop (a) In general Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act , Denes and Gyorgyi Fulop shall be eligible for issuance of immigrant visas or for adjustment of status to that of aliens lawfully admitted for permanen...
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(b) Adjustment of status If Denes Fulop or Gyorgyi Fulop enters the United States before the filing deadline specified in subsection (c), the alien shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and N...
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(c) Deadline for application and payment of fees Subsections (a) and (b) shall apply only if the application for issuance of immigrant visas or the application for adjustment of status are filed with appropriate fees within 2 years after the date of enactment of this Act.
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(d) Reduction of immigrant visa numbers Upon the granting of immigrant visas or permanent residence to Denes and Gyorgyi Fulop, the Secretary of State shall instruct the proper officer to reduce by the appropriate number, during the current or next following fiscal year, the total number of immigrant visas that are ma...
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1. Requirement to include emergency contraception on uniform formulary of pharmaceutical agents of the pharmacy benefits program of the Department of Defense Section 1074g(a) of title 10, United States Code, is amended by adding at the end the following new paragraph: (9) (A) Emergency contraception shall be included ...
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or any other Act administered by the Food and Drug Administration. (C) In this paragraph, the term emergency contraception means a drug, drug regimen, or device that is— (i) used postcoitally; (ii) prevents pregnancy by delaying ovulation, preventing fertilization of an egg, or preventing implantation of an egg in a ut...
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1. Short title This Act may be cited as the 50 State Capitols Commemorative Currency Program. 2. 50 State Capitols Commemorative Currency Program Section 5114 of title 31, United States Code,
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is amended by adding at the end the following new subsection: (d) 50 State Capitols Commemorative Currency Program (1) Redesign beginning in 2005 (A) In general In addition to the requirements of subsection (b) (relating to the inclusion of the inscription In God We Trust on all United States currency) and the 8th u...
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the center panel of the reverse side of the $1 Federal reserve notes shall incorporate designs selected in accordance with this subsection which are emblematic of the capitols or statehouses of the 50 States. (B) Transition provision Notwithstanding subparagraph (A), the Secretary may continue to print, and the Board ...
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(2) Single State designs The design on the center panel of the reverse side of each $1 Federal reserve note issued during the 10-year period referred to in paragraph (1) shall be emblematic of the capitol or statehouse of 1 of the 50 States.
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(3) Issuance of notes commemorating 5 States during each of the 10 years (A) In general The designs for the $1 Federal reserve notes issued during each year of the 10-year period referred to in paragraph (1) shall be emblematic of 5 States selected in the order in which such States ratified the Constitution of the Un...
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(B) Number of each of 5 designs in each year Of the $1 Federal reserve notes issued during each year of the 10-year period referred to in paragraph (1), the Board shall prescribe, in accordance with section 16 of the Federal Reserve Act and on the basis of such factors as the Board determines to be appropriate, the nu...
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(4) Selection of design (A) In general Each of the 50 designs required under this subsection for $1 Federal reserve notes shall be— (i) selected by the Secretary after consultation with— (I) the Governor of the State whose capitol or statehouse is being commemorated, or such other State officials or group as the Stat...
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(B) Selection and approval process Designs for $1 Federal reserve notes may be submitted in accordance with the design selection and approval process developed by the Secretary in the sole discretion of the Secretary. (C) Participation The Secretary may include participation by State officials, artists from the State...
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(D) Standards Because it is important that the Nation’s coinage and currency bear dignified designs of which the citizens of the United States can be proud, the Secretary shall not select any frivolous or inappropriate design for any $1 Federal reserve note subject to this subsection. (E) Prohibition on certain repres...
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(5) Application in event of the admission of additional States If any additional State is admitted into the Union before the end of the 10-year period referred to in paragraph (1), the Secretary of the Treasury may print, and the Board issue, $1 Federal reserve notes, in accordance with this subsection, with a design ...
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(6) Definitions For purposes of this subsection, the following definitions shall apply: (A) Board The term Board means the Board of Governors of the Federal Reserve System. (B) Secretary The term Secretary means the Secretary of the Treasury..
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1. Preventing immigrants from waiting longer for immigrant visas as a result of reclassification from family second preference to family first preference (a) In general Section 203 of the Immigration and Nationality Act ( 8 U.S.C. 1153 ) is amended by adding at the end the following new subsection: (i) Assuring immig...
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in the case of a petition that has been approved to accord preference status under subsection (a)(2)(A) may be deemed to provide continued entitlement to status under that subsection in the case of any alien petitioner who is subsequently naturalized as a United States citizen, if a visa is not immediately available to...
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1. Short title This Act may be cited as the Federal Advertising Reform Act of 2004. 2.
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Findings and purposes (a) Findings Congress finds that— (1) a February 2004 Congressional Research Service report states that the advertising industry estimates the Federal Government spends over $1,000,000,000 each year on advertising; (2) under the rules and regulations that apply to the Federal Government and adve...
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(b) Purposes The purposes of this Act are to— (1) ensure that advertising campaigns paid for by the Federal Government are unbiased and do not contain a political message or covert propaganda; (2) highlight the lack of oversight and evaluation of advertising campaigns paid for by the Federal Government; and (3) ensure...
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000 to prepare or produce print, radio, or television advertising campaigns, as well as video news releases, uses of outdoor media, and Internet advertisements on websites not operated by the Federal Government, those amounts shall not be expended by the agency unless— (1) any proposed advertisement is submitted to the...
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(b) Definitions In this section: (1) Agency The term agency has the meaning provided that term by section 105 of title 5, United States Code. (2) False, misleading, or deceptive The term false, misleading, or deceptive has the meaning provided that term under rules and regulations promulgated by the Federal Trade Co...
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1. Toys containing mercury as banned hazardous products (a) Product banned Not later than 6 months after the date of enactment of this Act, the Consumer Product Safety Commission shall, pursuant to section 8 of the Consumer Product Safety Act ( 15 U.S.C. 2057 ), promulgate a rule under section 9 of such Act, declarin...
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1. Short title This Act may be cited as the Department of Energy High-End Computing Revitalization Act of 2004. 2. Findings Congress finds that— (1) high-end computing is a critical component of the scientific advances, defense capabilities, and commercial competitiveness of the United States in the 21st Century; (2)...
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and coordinate the architectures’ various components to maximize application performance; and (B) it is recognized that different architectures may be better suited to different applications; (4) (A) software that improves efficiency on and accessibility to high-end systems should be developed; and (B) this development...
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and (6) having played an important role in the development of high-end computing, networking, and information technology, the Department of Energy, and the research programs of the Office of Science of the Department of Energy, are particularly qualified to lead research in those fields. 3. Definitions For purposes of...
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(2) Leadership System The term Leadership System means a high-end computing system that is among the most advanced in the world in terms of performance in solving scientific and engineering problems. (3) Institution of higher education The term institution of higher education has the meaning given the term in section...
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Department of energy high-end computing research and development program (a) In general The Secretary, acting through the Director of the Office of Science, shall carry out a program of research and development (involving software and hardware) to advance high-end computing systems, and shall develop and deploy such ...