Volume 150, No. 65 covering the 2nd Session of the 108th Congress (2003 - 2004) was published by the Congressional Record.
The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“TEXT OF AMENDMENTS” mentioning the Environmental Protection Agency was published in the Senate section on pages S5236-S5239 on May 11, 2004.
The publication is reproduced in full below:
TEXT OF AMENDMENTS
SA 3142. Mr. McCAIN submitted an amendment intended to be proposed to amendment SA 3140 submitted by Mr. Feingold and intended to be proposed to the bill S. 1637, to amend the Internal Revenue Code of 1986 to comply with the World Trade Organization rulings on the FSC/ETI benefit in a manner that preserves jobs and production activities in the United States, to reform and simplify the international taxation rules of the United States, and for other purposes; which was ordered to lie on the table; as follows:
On page 4, insert after line 14 the following:
(5) National security exemption.--Subsection (a) shall not apply to any procurement for national security purposes entered into by:
(A) the Department of Defense or any agency or entity thereof;
(B) the Department of the Army, the Department of the Navy, the Department of the Air Force, or any agency or entity of any of the military departments;
(C) the Department of Homeland Security;
(D) the Department of Energy or any agency or entity thereof, with respect to the national security programs of that Department; or
(E) any element of the intelligence community.
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SA 3143. Mr. GRASSLEY proposed an amendment to the bill S. 1637, to amend the Internal Revenue Code of 1986 to comply with the World Trade Organization rulings on the FSC/ETI benefit in a manner that preserves jobs and production activities in the United States, to reform and simplify the international taxation rules of the United States, and for other purposes; as follows:
On page 26, between lines 2 and 3, insert:
``(3) Gross receipts from use of films and video tape.--In the case of any qualifying production property which is property described in section 168(f)(3) produced in whole or in significant part by the taxpayer within the United States
(determined after application of paragraph (2)), domestic production gross receipts shall include gross receipts derived by the taxpayer from the use of the property by the taxpayer.
On page 27, between lines 2 and 3, insert the following flush sentence:
Subparagraph (F) shall not apply to property described in section 168(f)(3) to the extent of the gross receipts from the use of the property to which subsection (e)(3) applies
(determined after application of this sentence).
On page 34, strike lines 8 through 17, and insert:
``(9) Separate application to films and videotape.--
``(A) In general.--In the case of qualifying production property described in section 168(f)(3), the deduction under this section shall be determined separately with respect to qualified production activities income of the taxpayer allocable to each of the following markets with respect to such property:
``(i) Theatrical.
``(ii) Broadcast television (including cable, foreign, pay-per-view, and syndication).
``(iii) Home video.
``(B) Rules for separate determination.--Except as provided in subparagraph (C)--
``(i) any computation required to determine the amount of the deduction with respect to any of the markets described in subparagraph (A) shall be made by only taking into account items properly allocable to such market, including the computation of qualified production activities income, modified taxable income, and the domestic/worldwide fraction, and
``(ii) such items shall not be taken into account in determining the deduction with respect to either of the other 2 markets or with respect to qualified production activities income of the taxpayer not allocable to any of such markets.
``(C) Wage limitation.--This paragraph shall not apply for purposes of subsection (b) and subsection (b) shall be applied after the application of this paragraph.''
On page 5, of the Senate amendment number 3118, as passed, at the end of line 13, add the following: ``For purposes of determining LEED certification as required under this clause, points shall be credited by using the following:
``(I) For wood products, certification under the Sustainable Forestry Initiative Program and the American Tree Farm System.
``(II) For renewable wood products, as credited for recycled content otherwise provided under LEED certification.
``(III) For composite wood products, certification under standards established by the American National Standards Institute, or such other voluntary standards as published in the Federal Register by the Administrator of the Environmental Protection Agency.
On page 6, strike lines 20 and 21, of the Senate amendment number 3118, as passed, and insert the following:
``(II) Compliance with certification standards cited under clause (i).
Beginning on page 12, line 10, of the Senate amendment number 3118, as passed, strike all through page 16, line 10, and insert the following:
SEC. __. SUBSTANTIAL PRESENCE TEST REQUIRED TO DETERMINE BONA
FIDE RESIDENCE IN UNITED STATES POSSESSIONS.
(a) Substantial Presence Test.--
(1) In General.--Subpart D of part III of subchapter N of chapter 1 (relating to possessions of the United States) is amended by adding at the end the following new section:
``SEC. 937. BONA FIDE RESIDENT.
``For purposes of this subpart, section 865(g)(3), section 876, section 881(b), paragraphs (2) and (3) of section 901(b), section 957(c), section 3401(a)(8)(C), and section 7654(a), the term `bona fide resident' means a person who satisfies a test, determined by the Secretary, similar to the substantial presence test under section 7701(b)(3) with respect to Guam, American Samoa, the Northern Mariana Islands, Puerto Rico, or the Virgin Islands, as the case may be.''.
(2) Conforming amendments.--
(A) The following provisions are amended by striking
``during the entire taxable year'' and inserting ``for the taxable year'':
(i) Paragraph (3) of section 865(g).
(ii) Subsection (a) of section 876(a).
(iii) Paragraphs (2) and (3) of section 901(b).
(iv) Subsection (a) of section 931.
(v) Paragraphs (1) and (2) of section 933.
(B) Section 931(d) is amended by striking paragraph (3).
(C) Section 932 is amended by striking ``at the close of the taxable year'' and inserting ``for the taxable year'' each place it appears.
(3) Clerical amendment.--The table of sections of subpart D of part III of subchapter N of chapter 1 is amended by adding at the end the following new item:
``Sec. 937. Bona fide resident.''.
(b) Reporting Requirements for Bona Fide Residents of the Virgin Islands.--Paragraph (2) of section 932(c) (relating to treatment of Virgin Islands residents) is amended to read as follows:
``(2) Filing requirements.--
``(A) In general.--Notwithstanding paragraph (4), each individual to whom this subsection applies for the taxable year shall file an income tax return for the taxable year with--
``(i) the Virgin Islands, and
``(ii) the United States.
``(B) Filing fee.--The Secretary shall charge a processing fee with respect to the return filed under subparagraph
(A)(ii) of an amount appropriate to cover the administrative costs of the requirements of subparagraph (A)(ii) and the enforcement of the purposes of subparagraph (A)(ii).''.
(c) Penalties.--
(1) In general.--Part I of subchapter B of chapter 68 is amended by adding at the end the following new section:
``SEC. 6717. FAILURE OF VIRGIN ISLANDS RESIDENTS TO FILE
RETURNS WITH THE UNITED STATES.
``(a) Penalty Authorized.--The Secretary may impose a civil money penalty on any person who violates, or causes any violation of, the requirements of section 932(c)(2)(A)(ii).
``(b) Amount of Penalty.--
``(1) In general.--Except as provided in subsection (c), the amount of any civil penalty imposed under subsection (a) shall not exceed $5,000.
``(2) Reasonable cause exception.--No penalty shall be imposed under subsection (a) with respect to any violation if such violation was due to reasonable cause and the taxpayer acted in good faith.
``(c) Willful Violations.--In the case of any person willfully violating, or willfully causing any violation of, any requirement of section 932(c)(2)(A)(ii)--
``(1) the maximum penalty under subsection (b)(1) shall be increased to $25,000 and
``(2) subsection (b)(2) shall not apply.''.
(2) Clerical amendment.--The table of sections for Part I of subchapter B of chapter 68 is amended by adding at the end the following new item:
``Sec. 6717. Failure of Virgin Islands residents to file returns with the United States.''.
(d) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.
On page 185, line 10, insert ``insuring,'' before ``or''.
On page 287, beginning with line 10, strike all through page 288, line 3, and insert:
``(A) obligations of the United States, money, or deposits with persons described in paragraph (4);''.
(b) Eligible Persons.--Section 956(c) (relating to exceptions to definition of United States property) is amended by adding at the end the following new paragraph:
``(4) Financial services providers.--
``(A) In general.--For purposes of paragraph (2)(A), a person is described in this paragraph if at least 80 percent of the person's income is income described in section 904(d)(2)(C)(ii) (and the regulations thereunder) which is derived from persons who are not related persons.
``(B) Special rules.--For purposes of subparagraph (A)--
``(i) all related persons shall be treated as 1 person in applying the 80-percent test, and
``(ii) there shall be disregarded any item of income or gain from a transaction or series of transactions a principal purpose of which is the qualification of a person as a person described in this paragraph.
``(C) Related person.--For purposes of this paragraph, the term `related person' has the meaning given such term by section 954(d)(3).''.
(c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act.
On page 335, strike lines 4 through 10, and insert the following:
(2) Leases to foreign entities.--In the case of tax-exempt use property leased to a tax-exempt entity which is a foreign person or entity, the amendments made by this section shall apply to taxable years beginning after March 31, 2004, with respect to leases entered into on or before November 18, 2003.
On page 422, line 21, strike ``$10,000,000'' and insert
``$25,000,000''.
On page 557, between lines 9 and 10, insert the following:
SEC. __. GOLD, SILVER, PLATINUM, AND PALLADIUM TREATED IN THE
SAME MANNER AS STOCKS AND BONDS FOR MAXIMUM
CAPITAL GAINS RATE FOR INDIVIDUALS.
(a) In General.--Section 1(h)(5) (relating to definition of collectibles gain and loss) is amended--
(1) by striking ``(as defined in section 408(m) without regard to paragraph (3) thereof)'' in subparagraph (A) thereof, and
(2) by adding at the end the following new subparagraph:
``(C) Collectible.--For purposes of this paragraph, the term `collectible' has the meaning given such term by section 408(m), except that in applying paragraph (3)(B) thereof the determination of whether any bullion is excluded from treatment as a collectible shall be made without regard to the person who is in physical possession of the bullion.''
(b) Effective Date.--The amendments made by subsection (a) shall apply to taxable years beginning after December 31, 2003.
SEC. __. INCLUSION OF PRIMARY AND SECONDARY MEDICAL
STRATEGIES FOR CHILDREN AND ADULTS WITH SICKLE
CELL DISEASE AS MEDICAL ASSISTANCE UNDER THE
MEDICAID PROGRAM.
(a) Optional Medical Assistance.--
(1) In general.--Section 1905 of the Social Security Act
(42 U.S.C. 1396d) is amended--
(A) in subsection (a)--
(i) by striking ``and'' at the end of paragraph (26);
(ii) by redesignating paragraph (27) as paragraph (28); and
(iii) by inserting after paragraph (26), the following:
``(27) subject to subsection (x), primary and secondary medical strategies and treatment and services for individuals who have Sickle Cell Disease; and''; and
(B) by adding at the end the following:
``(x) For purposes of subsection (a)(27), the strategies, treatment, and services described in that subsection include the following:
``(1) Chronic blood transfusion (with deferoxamine chelation) to prevent stroke in individuals with Sickle Cell Disease who have been identified as being at high risk for stroke.
``(2) Genetic counseling and testing for individuals with Sickle Cell Disease or the sickle cell trait to allow health care professionals to treat such individuals and to prevent symptoms of Sickle Cell Disease.
``(3) Other treatment and services to prevent individuals who have Sickle Cell Disease and who have had a stroke from having another stroke.''.
(2) Rule of construction.--Nothing in subsections (a)(27) or (x) of section 1905 of the Social Security Act (42 U.S.C. 1396d), as added by paragraph (1), shall be construed as implying that a State medicaid program under title XIX of such Act could not have treated, prior to the date of enactment of this Act, any of the primary and secondary medical strategies and treatment and services described in such subsections as medical assistance under such program, including as early and periodic screening, diagnostic, and treatment services under section 1905(r) of such Act.
(b) Federal Reimbursement for Education and Other Services Related to the Prevention and Treatment of Sickle Cell Disease.--Section 1903(a)(3) of the Social Security Act (42 U.S.C. 1396b(a)(3)) is amended--
(1) in subparagraph (D), by striking ``plus'' at the end and inserting ``and''; and
(2) by adding at the end the following:
``(E) 50 percent of the sums expended with respect to costs incurred during such quarter as are attributable to providing--
``(i) services to identify and educate individuals who are likely to be eligible for medical assistance under this title and who have Sickle Cell Disease or who are carriers of the sickle cell gene, including education regarding how to identify such individuals; or
``(ii) education regarding the risks of stroke and other complications, as well as the prevention of stroke and other complications, in individuals who are likely to be eligible for medical assistance under this title and who have Sickle Cell Disease; plus''.
(c) Demonstration Program for the Development and Establishment of Systemic Mechanisms for the Prevention and Treatment of Sickle Cell Disease.--
(1) Authority to conduct demonstration program.--
(A) In general.--The Administrator, through the Bureau of Primary Health Care and the Maternal and Child Health Bureau, shall conduct a demonstration program by making grants to up to 40 eligible entities for each fiscal year in which the program is conducted under this section for the purpose of developing and establishing systemic mechanisms to improve the prevention and treatment of Sickle Cell Disease, including through--
(i) the coordination of service delivery for individuals with Sickle Cell Disease;
(ii) genetic counseling and testing;
(iii) bundling of technical services related to the prevention and treatment of Sickle Cell Disease;
(iv) training of health professionals; and
(v) identifying and establishing other efforts related to the expansion and coordination of education, treatment, and continuity of care programs for individuals with Sickle Cell Disease.
(B) Grant award requirements.--
(i) Geographic diversity.--The Administrator shall, to the extent practicable, award grants under this section to eligible entities located in different regions of the United States.
(ii) Priority.--In awarding grants under this subsection, the Administrator shall give priority to awarding grants to eligible entities that are--
(I) Federally-qualified health centers that have a partnership or other arrangement with a comprehensive Sickle Cell Disease treatment center that does not receive funds from the National Institutes of Health; or
(II) Federally-qualified health centers that intend to develop a partnership or other arrangement with a comprehensive Sickle Cell Disease treatment center that does not receive funds from the National Institutes of Health.
(2) Additional requirements.--An eligible entity awarded a grant under this subsection shall use funds made available under the grant to carry out, in addition to the activities described in paragraph (1)(A), the following activities:
(A) To facilitate and coordinate the delivery of education, treatment, and continuity of care for individuals with Sickle Cell Disease under--
(i) the entity's collaborative agreement with a community-based Sickle Cell Disease organization or a nonprofit entity that works with individuals who have Sickle Cell Disease;
(ii) the Sickle Cell Disease newborn screening program for the State in which the entity is located; and
(iii) the maternal and child health program under title V of the Social Security Act (42 U.S.C. 701 et seq.) for the State in which the entity is located.
(B) To train nursing and other health staff who provide care for individuals with Sickle Cell Disease.
(C) To enter into a partnership with adult or pediatric hematologists in the region and other regional experts in Sickle Cell Disease at tertiary and academic health centers and State and county health offices.
(D) To identify and secure resources for ensuring reimbursement under the medicaid program, State children's health insurance program, and other health programs for the prevention and treatment of Sickle Cell Disease.
(3) National coordinating center.--
(A) Establishment.--The Administrator shall enter into a contract with an entity to serve as the National Coordinating Center for the demonstration program conducted under this subsection.
(B) Activities described.--The National Coordinating Center shall--
(i) collect, coordinate, monitor, and distribute data, best practices, and findings regarding the activities funded under grants made to eligible entities under the demonstration program;
(ii) develop a model protocol for eligible entities with respect to the prevention and treatment of Sickle Cell Disease;
(iii) develop educational materials regarding the prevention and treatment of Sickle Cell Disease; and
(iv) prepare and submit to Congress a final report that includes recommendations regarding the effectiveness of the demonstration program conducted under this subsection and such direct outcome measures as--
(I) the number and type of health care resources utilized
(such as emergency room visits, hospital visits, length of stay, and physician visits for individuals with Sickle Cell Disease); and
(II) the number of individuals that were tested and subsequently received genetic counseling for the sickle cell trait.
(4) Application.--An eligible entity desiring a grant under this subsection shall submit an application to the Administrator at such time, in such manner, and containing such information as the Administrator may require.
(5) Definitions.--In this subsection:
(A) Administrator.--The term ``Administrator'' means the Administrator of the Health Resources and Services Administration.
(B) Eligible entity.--The term ``eligible entity'' means a Federally-qualified health center, a nonprofit hospital or clinic, or a university health center that provides primary health care, that--
(i) has a collaborative agreement with a community-based Sickle Cell Disease organization or a nonprofit entity with experience in working with individuals who have Sickle Cell Disease; and
(ii) demonstrates to the Administrator that either the Federally-qualified health center, the nonprofit hospital or clinic, the university health center, the organization or entity described in clause (i), or the experts described in paragraph (2)(C), has at least 5 years of experience in working with individuals who have Sickle Cell Disease.
(C) Federally-qualified health center.--The term
``Federally-qualified health center'' has the meaning given that term in section 1905(l)(2)(B) of the Social Security Act
(42 U.S.C. 1396d(l)(2)(B)).
(6) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection, $10,000,000 for each of fiscal years 2005 through 2009.
(d) Effective Date.--The amendments made by subsections (a) and (b) take effect on the date of enactment of this Act and apply to medical assistance and services provided under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) on or after that date.
Beginning on page 558, line 1, strike all through page 559, line 5.
On page 930, after line 18, add the following:
TITLE IX--OFFICE OF FEDERAL PROCUREMENT POLICY ACT IMPROVEMENTS
SEC. 901. REPORT ON ACQUISITIONS OF GOODS FROM FOREIGN
SOURCES.
(a) Report.--The Office of Federal Procurement Policy Act
(41 U.S.C. 403 et seq.), as amended by this Act, is further amended by adding at the end the following new section:
``SEC. 43. REPORT ON ACQUISITIONS OF GOODS FROM FOREIGN
SOURCES.
``(a) Not later than 60 days after the end of each fiscal year, the head of each executive agency shall submit to Congress a report on the acquisitions that were made of articles, materials, or supplies by such executive agency in that fiscal year from entities that manufacture the articles, materials, or supplies outside the United States.
``(b) The report for a fiscal year under subsection (a) shall separately indicate the following information:
``(1) The dollar value of any articles, materials, or supplies that were manufactured outside the United States.
``(2) An itemized list of all waivers granted with respect to such articles, materials, or supplies under the Buy American Act (41 U.S.C. 10a et seq.).
``(3) A summary of--
``(A) the total procurement funds expended on articles, materials, and supplies manufactured inside the United States; and
``(B) the total procurement funds expended on articles, materials, and supplies manufactured outside the United States.
``(c) The head of each executive agency submitting a report under subsection (a) shall make the report publicly available by posting on an Internet website.
``(d) Subsection (a) shall not apply to any procurement for national security purposes entered into by--
``(1) the Department of Defense or any agency or entity thereof;
``(2) the Department of the Army, the Department of the Navy, the Department of the Air Force, or any agency or entity of any of the military departments;
``(3) the Department of Homeland Security;
``(4) the Department of Energy or any agency or entity thereof, with respect to the national security programs of that Department; or
``(5) any element of the intelligence community.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of the Office of Federal Procurement Policy Act is amended by adding at the end the following new item:
``Sec. 43. Report on acquisitions of goods from foreign sources.''.
(c) Commerce Department Report.--Not later than 60 days after the end of each fiscal year ending after the date of the enactment of this Act, the Secretary of Commerce shall submit to Congress and make publicly available by posting on an Internet website a report on the acquisitions by foreign governments of articles, materials, or supplies that were manufactured or extracted in the United States in that fiscal year. Such report shall indicate the dollar value of such articles, materials, or supplies.
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