United States Statutes at Large, Volume 118, 108th Congress, 2nd Session

[United States Statutes at Large, Volume 118, 108th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]


EAST BOYNTON BEACH LITTLE LEAGUE BASEBALL TEAM-- NOTE: Jan. 21,
2004 -  [H.Con.Res.273] 2003 UNITED STATES LITTLE LEAGUE CHAMPIONS

Whereas the Little League team East Boynton Beach, Florida, captured the
Florida State and Southeastern United States Regional Championship
to reach the Little League World Series in historic Williamsport,
Pennsylvania;

Whereas more than 7,000 teams from around the world competed for the
honor of reaching the Little League World Series, East Boynton Beach
was among the 8 final American teams;

Whereas, on August 23, 2003, after competing against the best young
baseball players in the Nation, East Boynton Beach defeated the team
from Saugus, Massachusetts, by a score of 9-2 in the final game,
thus capturing the United States Little League Championship title;

Whereas the team spirit and sportsmanship displayed by its roster of
East Boynton Beach players Michael Broad, Richie DeJesus, Cody
Emerson, Jordan Irene, Patrick Mullen, R.J. Neal, Matt Overton,
Ricky Sabatino, Benny Townsend, Devon Travis, and Andrew Weaver set
a new standard of excellence through team spirit and sportsmanship;

Whereas the coaching staff led by manager Kenny Emerson, assisted by
coaches Joe Irene and Tony Travis not only taught these young men
how to play top grade baseball on the field, but also taught them
the best way to conduct themselves off the field;

Whereas national television commentators, sportswriters, and other media
from around the world singled out East Boynton Beach for the way
they joyfully played the game and the respect and friendship they
showed to all opposing players from around the world; and

Whereas these Little League ambassadors from East Boynton Beach have
honored their parents, families, teachers, friends, and the City of
Boynton Beach, Florida, by their actions, demonstrating not only the
best of Little League tradition but the best of America: Now,
therefore, be it

Resolved by the House of Representatives (the Senate concurring),
That Congress--
(1) recognizes the achievement of the Little League team
East Boynton Beach, Florida, in winning the United States Little
League Championship and congratulates them on this

[[Page 4038]]
118 STAT. 4038

victory and on the example of excellence they set on the field
and off the field;
(2) expresses its pride that the 2003 East Boynton Beach
team represents America as the 2003 United States Little League
Champions and invites the players, coaches, parents, and other
league and city officials to the United States Capitol in
Washington, D.C. to be honored;
(3) requests that the President recognize the national
champions in their achievements; and
(4) directs the Clerk of the House of Representatives to
make available enrolled copies of this resolution to the City of
Boynton Beach and the Boynton Beach Little League office for
appropriate display and to transmit an enrolled copy of this
resolution to each player and coach of the East Boynton Beach
Little League baseball team.

Agreed to January 21, 2004.

NOTE: Feb. 10, 2004 -  [H.Con.Res.354] ENROLLMENT CORRECTIONS--S.
610

Resolved by the House of Representatives (the Senate concurring),
That, in the enrollment of the bill (S. 610) to amend the provision of
title 5, United States Code, to provide for workforce flexibilities and
certain Federal personnel provisions relating to the National
Aeronautics and Space Administration, and for other purposes, the
Secretary of the Senate shall make the following corrections:
(1) Amend the title so as to read: ``An Act to amend the
provisions of title 5, United States Code, to provide for
workforce flexibilities and certain Federal personnel provisions
relating to the National Aeronautics and Space Administration,
and for other purposes.''.
(2) In section 1, strike ``2003'' and insert ``2004''.
(3) In section 3(b), strike ``by adding at the end'' and
insert ``by inserting after the item relating to chapter 97''.

Agreed to February 10, 2004.

NOTE: Feb. 13, 2004 -  [H.Con.Res.361] ADJOURNMENT--HOUSE OF
REPRESENTATIVES AND SENATE

Resolved by the House of Representatives (the Senate concurring),
That when the House adjourns on the legislative day of Wednesday,
February 11, 2004, it stand adjourned until 2 p.m. on Tuesday, February
24, 2004, or until the time of any reassembly pursuant to section 2 of
this concurrent resolution, whichever occurs first; and that when the
Senate recesses or adjourns on Thursday, February 12, 2004, Friday,
February 13, 2004, or Saturday, February 14, 2004, on a motion offered
pursuant to this concurrent resolution by its Majority Leader or his
designee, it stand recessed or adjourned until noon on Monday, February
23, 2004, or at such other time on that day as may be specified by its
Majority Leader or his designee in the motion to recess or adjourn, or
until the

[[Page 4039]]
118 STAT. 4039

time of any reassembly pursuant to section 2 of this concurrent
resolution, whichever occurs first.
Sec. 2. The Speaker of the House and the Majority Leader of the
Senate, or their respective designees, acting jointly after consultation
with the Minority Leader of the House and the Minority Leader of the
Senate, shall notify the Members of the House and the Senate,
respectively, to reassemble at such place and time as they may designate
whenever, in their opinion, the public interest shall warrant it.

Agreed to February 13, 2004.

NOTE: Feb. 24, 2004 -  [H.Con.Res.264] BIRTH OF CONSTANTINO
BRUMIDI--200TH ANNIVERSARY

Whereas Constantino Brumidi, born in Rome, Italy, on July 26, 1805,
landed at New York Harbor on September 18, 1852, as a political
exile, making his flight from Italy to the United States because of
his love for liberty;

Whereas Constantino Brumidi's love for his adopted country led him to
seek citizenship 2 years after his arrival;

Whereas in 1855, Constantino Brumidi began his artistic work in the
Capitol, and spent more than 25 years of his life painting,
decorating, and beautifying the corridors, committee rooms, and
Rotunda of the Capitol;

Whereas Constantino Brumidi created many magnificent paintings and
decorations, depicting the history, inventions, values, and ideals
of the United States, thus enhancing the dignity and beauty of the
Capitol and inspiring millions of visitors;

Whereas in 1865, Constantino Brumidi painted, in just 11 months, his
masterpiece ``The Apotheosis of Washington'' in the canopy of the
eye of the Capitol dome;

Whereas in 1871, Constantino Brumidi created the first tribute to an
African-American in the Capitol when he placed the figure of Crispus
Attucks at the center of his painting of the Boston Massacre;

Whereas in 1877, at the age of 72, Constantino Brumidi began his last
work, the fresco frieze encircling the top of the Rotunda, and 3
years later fell from a slipped scaffolding and was never able to
return to work;

Whereas Constantino Brumidi died as a result of this experience 3 months
later in February 1880;

Whereas Constantino Brumidi has been called ``the Michelangelo of the
Capitol'' by historians; and

Whereas the year 2005 marks the 200th anniversary of the birth of
Constantino Brumidi, as well as the 150th anniversary of the
beginning of his artistic career in the Capitol and the 125th
anniversary of his death: Now, therefore, be it

Resolved by the House of Representatives (the Senate concurring),
That the President is authorized and requested to issue a proclamation
commemorating the 200th anniversary of the birth of Constantino Brumidi
and calling upon the people of the United

[[Page 4040]]
118 STAT. 4040

States, State and local governments, and interested organizations to
commemorate this anniversary with appropriate ceremonies, activities,
and programs.

Agreed to February 24, 2004.

NOTE: Feb. 24, 2004 -  [H.Con.Res.358] ``HISTORY OF THE UNITED
STATES CAPITOL''--HOUSE PRINT

Resolved by the House of Representatives (the Senate concurring),

SECTION 1. AUTHORIZATION OF PRINTING.

(a) In General.--There shall be printed as a House document the book
entitled ``History of the United States Capitol'' by Glenn Brown, as
prepared under the auspices of the Architect of the Capitol with support
from the United States Capitol Preservation Commission and the United
States Capitol Historical Society.
(b) Specifications.--The document described in subsection (a) shall
include illustrations and shall be in the style, form, manner, and
binding as directed by the Joint Committee on Printing after
consultation with the Clerk of the House of Representatives and the
Secretary of the Senate.

SEC. 2. NUMBER OF COPIES.

In addition to the usual number, there shall be printed for the use
of the House of Representatives and Senate the lesser of--
(1) 7,000 copies of the document described in section 1(a),
to be allocated as determined jointly by the Clerk of the House
of Representatives and the Secretary of the Senate; or
(2) such maximum number of copies of the document as does
not have a total production and printing cost of more than
$182,000, with distribution to be allocated as described in
paragraph (1).

Agreed to February 24, 2004.

DAYS OF REMEMBRANCE OF THE HOLOCAUST COMMEMORATION NOTE: Feb. 24,
2004 -  [H.Con.Res.359] CEREMONY--CAPITOL ROTUNDA AUTHORIZATION

Resolved by the House of Representatives (the Senate concurring),
That the Rotunda of the Capitol is authorized to be used on April 22,
2004, for a ceremony as part of the commemoration of the days of
remembrance of victims of the Holocaust. Physical preparations for the
ceremony shall be carried out in accordance with such conditions as the
Architect of the Capitol may prescribe.

Agreed to February 24, 2004.


[[Page 4041]]
118 STAT. 4041

DOROTHY HEIGHT CONGRESSIONAL GOLD MEDAL NOTE: Feb. 25,
2004 -  [H.Con.Res.357] CEREMONY--CAPITOL ROTUNDA AUTHORIZATION

Resolved by the House of Representatives (the Senate concurring),
That the Rotunda of the Capitol is authorized to be used on March 24,
2004, for a ceremony to award a Congressional Gold Medal to Dr. Dorothy
Height. Physical preparations for the ceremony shall be carried out in
accordance with such conditions as the Architect of the Capitol may
prescribe.

Agreed to February 25, 2004.

UNIVERSITY OF DELAWARE MEN'S FOOTBALL NOTE: Mar. 9,
2004 -  [H.Con.Res.355] TEAM--2003 NCAA DIVISION I-AA NATIONAL
CHAMPIONS

Whereas on Friday, December 19, 2003, the University of Delaware Blue
Hens men's football team won its sixth national title;

Whereas the University of Delaware won the championship game by
defeating the Colgate University 40-0;

Whereas the Blue Hens swept through the Division I-AA playoffs,
outscoring opponents by a combined score 149-23 in victories over
Southern Illinois, Northern Iowa, and Wofford;

Whereas the Blue Hens captured their seventh Atlantic 10 Football
Conference title, were named winners of the Lambert Cup as the top
team in the East for the 18th time and were named Eastern College
Athletic Conference (ECAC) Team of the Year for the 10th time;

Whereas the University of Delaware team was led by co-captains Mike
Adams and Jason Nerys and All-American quarterback Andy Hall;

Whereas the roster of the University of Delaware team also included
Dominic Santoli, Germaine Bennett, G.J. Crescione, Roger Brown,
Antwan Jenkins, David Boler, Brian Ingram, Justin Long, Ryan
McDermond, Ryan Carty, T.J. DiMuzio, Zach Thomas, Terry Kelly, Brad
Michael, Dave Camburn, Joe Bleymaier, Mike Weber, Ryan Trask, Brad
Shushman, Sean Bleiler, Leon Clarke, Brent Steinmetz, Ben Cross,
Lawrence Jones, Jamie Rotonda, Nicos Chivis, Lonnie Starks, Drew
Kisner, Kyle Campbell, Jeremy Kametz, Jeffrey Robinson, Maguell
Davis, Bryan Tingle, Lou Samba, Andy Snapp, Anthony Cinelli, Niquan
Lee, John Nauss, Rashaad Woodard, John Mulhern, KeiAndre Hepburn,
Kevin Pulley, Sidney Haugabrook, Dominic Madigan, Antoinie McClure,
Jeffrey Thompson, Blake Anderson, Mark Moore, Craig Browne, Marquez
Davis, Nick Iarrobino, Mike Buchman, Mondoe Davis, Andrew Wilson,
Marco Kristen, George Potts, Mike Bingnear, Mark Ciavirella, Greg
Benson, Brett Wharton, Brendon Morfe, Rich Beverley, Tom Parks,
Chris Edwards, Scott Conley, Chris Korkuch, Trip DelCampo, Brian
Sims, Jared Wray, Paul Thompson, Bobby Delacy, Joe Cordrey, Jesse
O'Neill, Brian Jennings,

[[Page 4042]]
118 STAT. 4042

Vince Mumford, Michael Taylor, Steve Selk, Rick Lavelle, Richard
Washington, Nat Bell, Chris Mooney, Shawn Johnson, Bubba Jespersen,
Sean Sweeney, and Randall James;

Whereas second-year head coach K.C. Keeler enjoyed one of the most
outstanding seasons in college football by setting a school record
for wins in a season with a mark of 15-1;

Whereas Coach Keeler and his coaching staff, including Kirk Ciarrocca,
Dave Cohen, Bryan Bossard, Kyle Flood, Paul Williams, Rob Neviaser,
Rick Brown, Brian Ginn, Craig Cummings, Frank Law, Brandon Walker,
Mike Marks, Russell Barbarino, Dr. Vincent Disabella, Keith
Handling, Joan Couch, deserve much credit for the outstanding
determination and accomplishments of their young team;

Whereas fans across the State of Delaware have supported the team over
the course of the season and more than 6000 Delawareans traveled to
Tennessee to watch the championship game;

Whereas the Blue Hen football program encompasses all the facets of
university life, including growth of character, academic
involvement, campus involvement, and graduation; and

Whereas the students, alumni, faculty, and supporters of the University
of Delaware are to be congratulated for their commitment and pride
in their national champion men's football team: Now, therefore, be
it

Resolved by the House of Representatives (the Senate concurring),
That the Congress--
(1) congratulates the University of Delaware men's football
team for winning the 2003 National Collegiate Athletic
Association Division I-AA football national championship;
(2) recognizes the achievements of all the team's players,
coaches, and support staff; and
(3) directs the Clerk of the House of Representatives to
make available enrolled copies of this resolution to the
University of Delaware for appropriate display and to transmit
an enrolled copy of this resolution to each coach and member of
the 2003 National Collegiate Athletic Association Division I-AA
men's football national championship team.

Agreed to March 9, 2004.

NOTE: Mar. 11, 2004 -  [S.Con.Res.98] ADJOURNMENT--SENATE AND HOUSE
OF REPRESENTATIVES

Resolved by the Senate (the House of Representatives concurring),
That when the Senate recesses or adjourns at the close of business on
Thursday, March 11, or Friday, March 12, or Saturday, March 13, or
Sunday, March 14, 2004, on a motion offered pursuant to this concurrent
resolution by its Majority Leader or his designee, it stand recessed or
adjourned until Monday, March 22, 2004, at 12 noon.

Agreed to March 11, 2004.


[[Page 4043]]
118 STAT. 4043

NOTE: Mar. 16, 2004 -  [S.Con.Res.93] PRESIDENTIAL INAUGURATION--
CAPITOL ROTUNDA AUTHORIZATION

Resolved by the Senate (the House of Representatives concurring),
SECTION 1. USE OF THE ROTUNDA OF THE CAPITOL BY THE JOINT
CONGRESSIONAL COMMITTEE ON INAUGURAL
CEREMONIES.
The rotunda of the United States Capitol is authorized to be used on
January 20, 2005, by the Joint Congressional Committee on Inaugural
Ceremonies in connection with the proceedings and ceremonies conducted
for the inauguration of the President-elect and the Vice President-elect
of the United States.

Agreed to March 16, 2004.

NOTE: Mar. 16, 2004 -  [S.Con.Res.94] JOINT CONGRESSIONAL COMMITTEE
ON INAUGURAL CEREMONIES--ESTABLISHMENT

Resolved by the Senate (the House of Representatives concurring),

SECTION 1. ESTABLISHMENT OF JOINT COMMITTEE.

There is established a Joint Congressional Committee on Inaugural
Ceremonies (in this resolution referred to as the ``joint committee''),
consisting of 3 Senators and 3 Members of the House of Representatives
appointed by the President of the Senate and the Speaker of the House of
Representatives, respectively. The joint committee is authorized to make
the necessary arrangements for the inauguration of the President-elect
and the Vice President-elect of the United States.

SEC. 2. SUPPORT OF THE JOINT COMMITTEE.

The joint committee--
(1) is authorized to utilize appropriate equipment and the
services of appropriate personnel of departments and agencies of
the Federal Government, under arrangements between the joint
committee and the heads of the departments and agencies, in
connection with the inaugural proceedings and ceremonies; and
(2) may accept gifts and donations of goods and services to
carry out its responsibilities.

Agreed to March 16, 2004.

NOTE: Apr. 5, 2004 -  [H.Con.Res.404] ADJOURNMENT--HOUSE OF
REPRESENTATIVES AND SENATE

Resolved by the House of Representatives (the Senate concurring),
That when the House adjourns on the legislative day of Friday, April 2,
2004, it stand adjourned until 2 p.m. on Tuesday, April 20, 2004, or
until the time of any reassembly pursuant to section 2 of this
concurrent resolution, whichever occurs first; and that

[[Page 4044]]
118 STAT. 4044

when the Senate recesses or adjourns on Wednesday, April 7, 2004,
Thursday, April 8, 2004, or Friday, April 9, 2004, on a motion offered
pursuant to this concurrent resolution by its Majority Leader or his
designee, it stand recessed or adjourned until noon on Monday, April 19,
2004, or at such other time on that day as may be specified by its
Majority Leader or his designee in the motion to recess or adjourn, or
until the time of any reassembly pursuant to section 2 of this
concurrent resolution, whichever occurs first.
Sec. 2. The Speaker of the House and the Majority Leader of the
Senate, or their respective designees, acting jointly after consultation
with the Minority Leader of the House and the Minority Leader of the
Senate, shall notify the Members of the House and the Senate,
respectively, to reassemble at such place and time as they may designate
whenever, in their opinion, the public interest shall warrant it.

Agreed to April 5, 2004.

NOTE: Apr. 20, 2004 -  [S.Con.Res.97] THE GARDEN CLUB OF AMERICA--
91ST ANNUAL MEETING

Whereas The Garden Club of America is holding its 91st annual meeting in
Washington, DC, April 24 through 27, 2004;
Whereas The Garden Club of America has 195 member clubs in 40 States and
the District of Columbia, representing more than 17,000 members;
Whereas since its founding in 1913, The Garden Club of America has
become a recognized leader in the fields of horticulture,
conservation, historic preservation, and civic improvement, and an
influential organization in the protection of America's environment;
and
Whereas in our Nation's Capital, The Garden Club of America was
instrumental in the founding of the National Arboretum, the
development of the Archives of American Gardens at the Smithsonian
Institution, and the creation and installation of the Butterfly
Habitat Garden which now graces The National Mall at the National
Museum of Natural History: Now, therefore, be it

Resolved by the Senate (the House of Representatives concurring),
That Congress commends The Garden Club of America for the many
contributions it has made in our Nation's Capital and in communities
across the United States, and sends its best wishes on the occasion of
its 91st annual meeting in Washington, DC, April 24 through 27, 2004.

Agreed to April 20, 2004.


[[Page 4045]]
118 STAT. 4045

NOTE: Apr. 26, 2004 -  [H.Con.Res.328] NATIONAL MILITARY
APPRECIATION MONTH--SUPPORT

Whereas the vigilance of the members of the Armed Forces has been
instrumental to the preservation of the freedom, security, and
prosperity enjoyed by the people of the United States;

Whereas the success of the Armed Forces depends on the dedicated service
of its members, their families, and the civilian employees of the
Department of Defense and the Coast Guard;

Whereas the role of the United States as a world leader requires a
military force that is well-trained, well-equipped, and
appropriately sized;

Whereas to maintain such a force, the youth of the United States must
possess a commitment to military service sufficient to achieve the
levels of recruitment and retention necessary to sustain the
strength, vitality, and character of the Armed Forces;

Whereas to foster and sustain such a commitment it is vital for the
youth of the United States to understand that the service provided
by members of the Armed Forces is an honorable legacy that protects
the freedoms enjoyed by citizens of the United States as well as
citizens of many other nations;

Whereas the Federal Government has a responsibility to raise awareness
of and respect for this aspect of the heritage of the United States
and to encourage the people of the United States to dedicate
themselves to the values and principles for which Americans have
served and sacrificed throughout the history of the Nation;

Whereas service in the Armed Forces entails special hazards and demands
extraordinary sacrifices from service members and their families;

Whereas the support of the families of service members enhances the
effectiveness and capabilities of the Armed Forces;

Whereas the observance of events recognizing the contributions of the
Armed Forces is a tangible and highly effective way of sustaining
morale and improving quality of life for service members and their
families;

Whereas on April 30, 1999, the Senate passed S. Res. 33 (106th
Congress), entitled ``Designating May 1999 as `National Military
Appreciation Month' '', calling on the people of the United States,
in a symbolic act of unity, to observe a National Military
Appreciation Month in May 1999, to honor the current and former
members of the Armed Forces, including those who have died in the
pursuit of freedom and peace; and

Whereas it is important to emphasize to the people of the United States
the relevance of the history and activities of the Armed Forces
through an annual National Military Appreciation Month that includes
associated local and national observances and activities: Now,
therefore, be it

Resolved by the House of Representatives (the Senate concurring),
That Congress--
(1) supports the goals and objectives of a National Military
Appreciation Month;

[[Page 4046]]
118 STAT. 4046

(2) urges the President to issue a proclamation calling on
the people of the United States, all Federal departments and
agencies, States, localities, organizations and media to
annually observe a National Military Appreciation Month with
appropriate ceremonies and activities; and
(3) urges the White House Commission on Remembrance,
established by Congress to honor those who died in service to
the United States and those who continue to serve the Nation, to
work to support the goals and objectives of a National Military
Appreciation Month.

Agreed to April 26, 2004.

NOTE: Apr. 29, 2004 -  [H.Con.Res.376] SOAP BOX DERBY RACES--CAPITOL
GROUNDS AUTHORIZATION

Resolved by the House of Representatives (the Senate concurring),

SECTION 1. AUTHORIZATION OF SOAP BOX DERBY RACES ON CAPITOL GROUNDS.

The Greater Washington Soap Box Derby Association (in this
resolution referred to as the ``Association'') shall be permitted to
sponsor a public event, soap box derby races, on the Capitol Grounds on
June 19, 2004, or on such other date as the Speaker of the House of
Representatives and the Committee on Rules and Administration of the
Senate may jointly designate.

SEC. 2. CONDITIONS.

The event to be carried out under this resolution shall be free of
admission charge to the public and arranged not to interfere with the
needs of Congress, under conditions to be prescribed by the Architect of
the Capitol and the Capitol Police Board; except that the Association
shall assume full responsibility for all expenses and liabilities
incident to all activities associated with the event.

SEC. 3. STRUCTURES AND EQUIPMENT.

For the purposes of this resolution, the Association is authorized
to erect upon the Capitol Grounds, subject to the approval of the
Architect of the Capitol, such stage, sound amplification devices, and
other related structures and equipment as may be required for the event
to be carried out under this resolution.

SEC. 4. ADDITIONAL ARRANGEMENTS.

The Architect of the Capitol and the Capitol Police Board are
authorized to make any such additional arrangements that may be required
to carry out the event under this resolution.

SEC. 5. ENFORCEMENT OF RESTRICTIONS.

The Capitol Police Board shall provide for enforcement of the
restrictions contained in section 5104(c) of title 40, United States
Code, concerning sales, advertisements, displays, and solicitations on
the Capitol Grounds, as well as otherrestrictions applicable to the
Capitol Grounds, with respect to the event to be carried out under this
resolution.

Agreed to April 29, 2004.


[[Page 4047]]
118 STAT. 4047

NOTE: May 12, 2004 -  [H.Con.Res.388] NATIONAL PEACE OFFICERS'
MEMORIAL SERVICE--CAPITOL GROUNDS AUTHORIZATION

Resolved by the House of Representatives (the Senate concurring),

SECTION 1. USE OF CAPITOL GROUNDS FOR NATIONAL PEACE OFFICERS' MEMORIAL
SERVICE.

(a) In General.--The National Fraternal Order of Police and its
auxiliary (in this resolution referred to as the ``sponsor'') shall be
permitted to sponsor a public event, the 23rd annual National Peace
Officers' Memorial Service (in this resolution jointly referred to as
the ``event''), on the Capitol Grounds, in order to honor the law
enforcement officers who died in the line of duty during 2003.
(b) Date of Event.--The event shall be held on May 15, 2004, or on
such other date as the Speaker of the House of Representatives and the
Committee on Rules and Administration of the Senate jointly designate.

SEC. 2. TERMS AND CONDITIONS.

(a) In General.--Under conditions to be prescribed by the Architect
of the Capitol and the Capitol Police Board, the event shall be--
(1) free of admission charge and open to the public; and
(2) arranged not to interfere with the needs of Congress.
(b) Expenses and Liabilities.--The sponsor shall assume full
responsibility for all expenses and liabilities incident to all
activities associated with the event.

SEC. 3. EVENT PREPARATIONS.

Subject to the approval of the Architect of the Capitol, the sponsor
is authorized to erect upon the Capitol Grounds such stage, sound
amplification devices, and other related structures and equipment, as
may be required for the event.

SEC. 4. ENFORCEMENT OF RESTRICTIONS.

The Capitol Police Board shall provide for enforcement of the
restrictions contained in section 5104(c) of title 40, United States
Code, concerning sales, advertisements, displays, and solicitations on
the Capitol Grounds, as well as other restrictions applicable to the
Capitol Grounds, in connection with the event.

Agreed to May 12, 2004.

2004 DISTRICT OF COLUMBIA SPECIAL OLYMPICS LAW NOTE: May 12,
2004 -  [H.Con.Res.389] ENFORCEMENT TORCH RUN--CAPITOL GROUNDS
AUTHORIZATION

Resolved by the House of Representatives (the Senate concurring),

SECTION 1. AUTHORIZATION OF USE OF CAPITOL GROUNDS FOR D.C. SPECIAL
OLYMPICS LAW ENFORCEMENT TORCH RUN.

On June 4, 2004, or on such other date as the Speaker of the House
of Representatives and the Committee on Rules and Administration of the
Senate may jointly designate, the 2004 District of

[[Page 4048]]
118 STAT. 4048

Columbia Special Olympics Law Enforcement Torch Run (in this resolution
referred to as the ``event'') may be run through the Capitol Grounds as
part of the journey of the Special Olympics torch to the District of
Columbia Special Olympics summer games.

SEC. 2. RESPONSIBILITY OF CAPITOL POLICE BOARD.

The Capitol Police Board shall take such actions as may be necessary
to carry out the event.

SEC. 3. CONDITIONS RELATING TO PHYSICAL PREPARATIONS.

The Architect of the Capitol may prescribe conditions for physical
preparations for the event.

SEC. 4. ENFORCEMENT OF RESTRICTIONS.

The Capitol Police Board shall provide for enforcement of the
restrictions contained in section 5104(c) of title 40, United States
Code, concerning sales, advertisements, displays, and solicitations on
the Capitol Grounds, as well as other restrictions applicable to the
Capitol Grounds, in connection with the event.

Agreed to May 12, 2004.

NOTE: May 19, 2004 -  [H.Con.Res.414] BROWN V. BOARD OF EDUCATION--
50TH ANNIVERSARY

Whereas on May 17, 1954, the United States Supreme Court announced in
Brown v. Board of Education (347 U.S. 483) that, ``in the field of
education, the doctrine of `separate but equal' has no place'';

Whereas the Brown decision overturned the precedent set in 1896 in
Plessy v. Ferguson (163 U.S. 537), which had declared ``separate but
equal facilities'' constitutional and allowed the continued
segregation of public schools in the United States on the basis of
race;

Whereas the Brown decision recognized as a matter of law that the
segregation of public schools deprived students of the equal
protection of the laws under the Fourteenth Amendment to the
Constitution of the United States;

Whereas the Brown decision stood as a victory for plaintiff Linda Brown,
an African American third grader who had been denied admission to an
all white public school in Topeka, Kansas;

Whereas the Brown decision stood as a victory for those plaintiffs
similarly situated to Linda Brown in the cases that were
consolidated with Brown, which included Briggs v. Elliot (103 F.
Supp. 920), Davis v. County School Board (103 F. Supp. 337), and
Gephardt v. Belton (91 A.2d 137);

Whereas the Brown decision stood as a victory for those that had
successfully dismantled school segregation years before Brown
through legal challenges such as Westminster School District v.
Mendez (161 F.2d 774), which ended segregation in schools in Orange
County, California;

Whereas the Brown decision stands among all civil rights cases as a
symbol of the Federal Government's commitment to fulfill the promise
of equality;


[[Page 4049]]
118 STAT. 4049


Whereas the Brown decision helped lead to the repeal of ``Jim Crow''
laws and the elimination of many of the severe restrictions placed
on the freedom of African Americans;

Whereas the Brown decision helped lead to the enactment of the Civil
Rights Act of 1964, which prohibits discrimination on the basis of
race, religion, or national origin in workplaces and public
establishments that have a connection to interstate commerce or are
supported by the State;

Whereas the Brown decision helped lead to the enactment of the Voting
Rights Act of 1965 which promotes every American's right to
participate in the political process;

Whereas the Brown decision helped lead to the enactment of the Fair
Housing Act of 1968 that prohibits discrimination in the sale,
rental, and financing of dwellings, and in other housing-relating
transactions, on the basis of race, color, national origin,
religion, sex, familial status, or disability; and

Whereas in 2004, the year marking the 50th anniversary of the Brown
decision, inequalities evidenced at the time of such decision have
not been completely eradicated: Now, therefore, be it

Resolved by the House of Representatives (the Senate concurring),
That the Congress--
(1) recognizes and celebrates the 50th anniversary of the
Brown v. Board of Education decision;
(2) encourages all Americans to recognize and celebrate the
50th anniversary of the Brown v. Board of Education decision;
and
(3) renews its commitment to continuing and building on the
legacy of Brown with a pledge to acknowledge and address the
modern day disparities that remain.

Agreed to May 19, 2004.

NOTE: May 20, 2004 -  [H.Con.Res.420] NATIONAL TRANSPORTATION WEEK--
RECOGNITION

Whereas the United States transportation system is an extensive, inter-
related public and private network of roads, airports, railroads,
transit routes, waterways, terminals, ports, and pipelines;

Whereas millions of people and businesses rely on this expanding system
to get to work, embark on vacations, conduct business, and ship
goods within the United States and abroad;

Whereas this system links regions and connects small and large cities
and urban and rural areas;

Whereas transportation contributes to economic activity and to a
nation's global competitiveness as a service, an industry, and an
infrastructure;

Whereas the transportation sector accounts for 11 percent of the United
States Gross Domestic Product;

Whereas the transportation sector employs over 11 million Americans;


[[Page 4050]]
118 STAT. 4050


Whereas the average household spends about 20 percent of its income on
transportation, more than on any other expense except housing;

Whereas the President has proclaimed, by Executive order, May 16 through
May 22, 2004, as National Transportation Week;

Whereas Congress, by joint resolution approved May 16, 1957 (36 U.S.C.
120), designated the third Friday in May of each year as ``National
Defense Transportation Day'' and, by joint resolution approved May
14, 1962 (36 U.S.C. 133), declared that the week during which that
Friday falls be designated as ``National Transportation Week''; and

Whereas National Transportation Week provides an opportunity for the
transportation community to join together for greater awareness
about the importance of transportation and for making youth aware of
transportation-related careers: Now, therefore, be it

Resolved by the House of Representatives (the Senate concurring),
That the 108th Congress--
(1) applauds the men and women who keep America moving;
(2) recognizes National Transportation Week by supporting
the goals of that Week; and
(3) urges all Americans to become more aware of the benefits
and contributions of transportation to the United States
economy.

Agreed to May 20, 2004.

NOTE: May 20, 2004 -  [H.Con.Res.424] UNITED STATES ARMED FORCES--
HONORING

Whereas the red poppy was the first living plant that sprouted in the
battlefields devastated by fighting during World War I;

Whereas red poppies grew abundantly in the trenches and craters of the
war-torn battlefields in Northern France and Belgium;

Whereas during World War I, the bloom of red poppies each year and the
coming of the warm weather brought hope to those still fighting in
the trenches of France and Belgium;

Whereas in 1915, the red poppy inspired Canadian Colonel John McCrae to
write the poem ``In Flanders Fields'' in remembrance of the
thousands of soldiers who perished during the three battles of Ypres
in Belgium;

Whereas in 1918, John McCrae's poem inspired Moina Belle Michael of
Athens, Georgia, to write her own poem entitled ``We Shall Keep the
Faith'', in which she promised to wear a red poppy to memorialize
American soldiers killed in World War I, and later to raise millions
of dollars to support and employ disabled American veterans of all
wars;

Whereas on November 11, 1921, the first Poppy Day was held in the United
Kingdom and was a national success;

Whereas the red poppy is a symbol of sacrifice throughout the world;


[[Page 4051]]
118 STAT. 4051


Whereas the red poppy has been worn in the United States for more than
80 years as a way to remember those individuals who died fighting
for freedom and democracy around the world and to raise money to
help disabled veterans; and

Whereas in 2004, wearing a red poppy on Memorial Day is especially
timely considering the sacrifices United States soldiers are making
in Iraq and Afghanistan for freedom, democracy, and security: Now,
therefore, be it

Resolved by the House of Representatives (the Senate concurring),
That Congress honors past and current members of the Armed Forces of the
United States and their families by encouraging every American to wear a
red poppy on Memorial Day as a sign of admiration and thanks to those
individuals who died to preserve freedom and democracy in the United
States.

Agreed to May 20, 2004.

NOTE: May 20, 2004 -  [H.Con.Res.432] ADJOURNMENT--HOUSE OF
REPRESENTATIVES AND SENATE

Resolved by the House of Representatives (the Senate concurring),
That when the House adjourns on the legislative day of Thursday, May 20,
2004, or Friday, May 21, 2004, it stand adjourned until 2 p.m. on
Tuesday, June 1, 2004, or until the time of any reassembly pursuant to
section 2 of this concurrent resolution, whichever occurs first; and
that when the Senate recesses or adjourns on Thursday, May 20, 2004,
Friday, May 21, 2004, or Saturday, May 22, 2004, on a motion offered
pursuant to this concurrent resolution by its Majority Leader or his
designee, it stand recessed or adjourned until noon on Tuesday, June 1,
2004, or at such other time on that day as may be specified by its
Majority Leader or his designee in the motion to recess or adjourn, or
until the time of any reassembly pursuant to section 2 of this
concurrent resolution, whichever occurs first.
Sec. 2. The Speaker of the House and the Majority Leader of the
Senate, or their respective designees, acting jointly after consultation
with the Minority Leader of the House and the Minority Leader of the
Senate, shall notify the Members of the House and the Senate,
respectively, to reassemble at such place and time as they may designate
whenever, in their opinion, the public interest shall warrant it.

Agreed to May 20, 2004.

NOTE: May 21, 2004 -  [H.Con.Res.409] WORLD WAR II VETERANS AND
MEMORIAL--RECOGNITION AND CELEBRATION

Whereas the National World War II Memorial on the National Mall in the
District of Columbia will be the first national memorial to both
recognize the courage, bravery, and unselfish dedication of the
members of the United States Armed Forces who served in World War II
and those who served on the home

[[Page 4052]]
118 STAT. 4052

front and acknowledge the commitment and achievement of the entire
American people in that conflict;

Whereas World War II veteran Roger Durbin of Berkey, Ohio, first
proposed the construction of a National World War II memorial, and
Congresswoman Marcy Kaptur of Ohio introduced legislation to
establish the memorial in the District of Columbia to honor members
of the Armed Forces who served in World War II and to commemorate
the participation of the United States in that war;

Whereas, in Public Law 103-32 (107 Stat. 90; 40 U.S.C. 8903 note),
approved May 25, 1993, Congress authorized the American Battle
Monuments Commission, an independent Federal agency, to design and
construct the memorial;

Whereas the location selected as the site for the memorial, the Rainbow
Pool site on the National Mall at the east end of the Reflecting
Pool between the Lincoln Memorial and the Washington Monument, was
dedicated on November 11, 1995;

Whereas, in an open competition, the American Battle Monuments
Commission selected Friedrich St. Florian as the design architect
for the memorial, and his final architectural design was approved by
the Commission of Fine Arts, the National Capital Planning
Commission, and the Secretary of the Interior;

Whereas the late Representative Bob Stump of Arizona, who served as
Chairman of the Committee on Veterans' Affairs and the Committee on
Armed Services of the House of Representatives, sponsored several
measures to expedite the funding and construction of the memorial,
which were enacted as sections 601, 602, and 603 of Public Law 106-
117 and Public Law 107-11;

Whereas after 8 years of planning, 6 years of public deliberation, and 4
years of fund raising, construction began on the memorial in
September 2001;

Whereas the memorial would not have been possible without the efforts
and dedication of National Chairman Senator Robert J. Dole and
National Co-Chairman Frederick W. Smith, who were instrumental in
raising over $194,000,000 for the construction of the memorial;

Whereas these generous contributions came from hundreds of thousands of
individual Americans, as well as corporations, foundations, veterans
groups, fraternal and professional organizations, States,
communities, and schools;

Whereas actor Tom Hanks, the Advertising Council, and the History
Channel played a key role in increasing public awareness of the
heroic achievements of American World War II veterans and the war
effort and in raising support for the memorial;

Whereas President George W. Bush will formally dedicate the memorial on
May 29, 2004;

Whereas the memorial will be a monument to the selfless sacrifice and
undaunted courage of the members of the United States Armed Forces
who served in World War II and a place of remembrance to honor the
more than 400,000 American servicemen and servicewomen who died in
that conflict defending the United States; and


[[Page 4053]]
118 STAT. 4053


Whereas the memorial will be a source of inspiration for current and
future generations of Americans, giving visitors to the memorial a
new appreciation for the accomplishments of America's World War II
generation, which united in the quest to free the world from
tyranny: Now, therefore, be it

Resolved by the House of Representatives (the Senate concurring),
That Congress recognizes with humble gratitude the more than 16,000,000
veterans who served in the United States Armed Forces during World War
II and the Americans who supported the war effort on the home front and
celebrates the completion of the National World War II Memorial on the
National Mall in the District of Columbia.

Agreed to May 21, 2004.

NATIONAL WORLD WAR II MEMORIAL NOTE: May 21,
2004 -  [H.Con.Res.423] DEDICATION--CAPITOL GROUNDS AUTHORIZATION

Resolved by the House of Representatives (the Senate concurring),

SECTION 1. AUTHORIZATION OF USE OF CAPITOL GROUNDS FOR NATIONAL WORLD
WAR II MEMORIAL DEDICATION.

The Capitol Grounds may be used for a public event providing
additional space in conjunction with the dedication of the National
World War II Memorial on May 29, 2004, or on such other date as the
Speaker of the House of Representatives and the Committee on Rules and
Administration of the Senate may jointly designate.

SEC. 2. CONDITIONS.

The event to be carried out under this resolution shall be free of
admission charge to the public and arranged not to interfere with the
needs of Congress, under conditions to be prescribed by the Architect of
the Capitol and the Capitol Police Board.

SEC. 3. STRUCTURES AND EQUIPMENT.

For the purposes of this resolution, the Architect of the Capitol is
authorized to erect on the Capitol Grounds such stage, sound
amplification devices, and other related structures and equipment as may
be required for the event to be carried out under this resolution.

SEC. 4. ADDITIONAL ARRANGEMENTS.

The Architect of the Capitol and the Capitol Police Board are
authorized to make any such additional arrangements that may be required
to carry out the event under this resolution.

SEC. 5. ENFORCEMENT OF RESTRICTIONS.

The Capitol Police Board shall provide for enforcement of the
restrictions contained in section 4 of the Act of July 31, 1946 (40
U.S.C. 5104(c); 60 Stat. 718), concerning sales, advertisements,
displays, and solicitations on the Capitol Grounds, as well as other

[[Page 4054]]
118 STAT. 4054

restrictions applicable to the Capitol Grounds, with respect to the
event to be carried out under this resolution.

Agreed to May 21, 2004.

NOTE: June 9, 2004 -  [S.Con.Res.115] LYING IN STATE OF RONALD
WILSON REAGAN--CAPITOL ROTUNDA AUTHORIZATION

Resolved by the Senate (the House of Representatives concurring),
That in recognition of the long and distinguished service rendered to
the Nation and to the world, by the late Ronald Wilson Reagan, the 40th
President of the United States, his remains be permitted to lie in state
in the rotunda of the Capitol from June 9 until June 11, 2004, and the
Architect of the Capitol, under the direction of the President pro
tempore of the Senate and the Speaker of the House of Representatives,
shall take all necessary steps for the accomplishment of that purpose.

Agreed to June 9, 2004.

NOTE: June 9, 2004 -  [S.Con.Res.116] ADJOURNMENT--SENATE AND HOUSE
OF REPRESENTATIVES

Resolved by the Senate (the House of Representatives concurring),
That when the Senate recesses or adjourns on Wednesday, June 9, 2004, on
a motion offered pursuant to this concurrent resolution by its Majority
Leader or his designee, it stand recessed or adjourned until noon on
Monday, June 14, 2004, or at such other time on that day as may be
specified by its Majority Leader or his designee in the motion to recess
or adjourn, or until the time of any reassembly pursuant to section 2 of
this concurrent resolution, whichever occurs first; and that when the
House adjourns on the legislative day of Wednesday, June 9, 2004, it
stand adjourned until 12:30 p.m. on Monday, June 14, 2004, for morning-
hour debate, or until the time of any reassembly pursuant to section 2
or this concurrent resolution, whichever occurs first.
Sec. 2. The Speaker of the House and the Majority Leader of the
Senate, or their respective designees, acting jointly after consultation
with the Minority Leader of the House and the Minority Leader of the
Senate, shall notify the Members of the House and the Senate,
respectively, to reassemble at such place and time as they may designate
whenever, in their opinion, the public interest shall warrant it.

Agreed to June 9, 2004.

NOTE: June 21, 2004 -  [H.Con.Res.458] ENROLLMENT CORRECTION--S.
2238

Resolved by the House of Representatives (the Senate concurring),
That in the enrollment of the bill (S. 2238) to amend the National

[[Page 4055]]
118 STAT. 4055

Flood Insurance Act of 1968 to reduce losses to properties for which
repetitive flood insurance claim payments have been made, the Secretary
of the Senate shall strike ``Blumenaur'' each place such term appears
and insert ``Blumenauer''.

Agreed to June 21, 2004.

NOTE: June 25, 2004 -  [S.Con.Res.120] ADJOURNMENT--SENATE AND HOUSE
OF REPRESENTATIVES

Resolved by the Senate (the House of Representatives concurring),
That when the Senate recesses or adjourns on any day from Thursday, June
24, 2004, through Monday, June 28, 2004, on a motion offered pursuant to
this concurrent resolution by its Majority Leader or his designee, it
stand recessed or adjourned until noon on Tuesday, July 6, 2004, or at
such other time on that day as may be specified by its Majority Leader
or his designee in the motion to recess or adjourn, or until the time of
any reassembly pursuant to section 2 of this concurrent resolution,
whichever occurs first; and that when the House adjourns on the
legislative day of Thursday, June 24, 2004, or Friday, June 25, 2004, on
a motion offered pursuant to this concurrent resolution by its Majority
Leader or his designee, it stand adjourned until 2:00 p.m. on Tuesday,
July 6, 2004, or until the time of any reassembly pursuant to section 2
of this concurrent resolution, whichever occurs first.
Sec. 2. The Majority Leader of the Senate and the Speaker of the
House or their respective designees, acting jointly after consultation
with the Minority Leader of the Senate and the Minority Leader of the
House, shall notify the Members of the Senate and the House,
respectively, to reassemble at such place and time as they may designate
whenever, in their opinion, the public interest shall warrant it.

Agreed to June 25, 2004.

NOTE: July 12, 2004 -  [H.Con.Res.410] MARSHALL ISLANDS--25TH
ANNIVERSARY

Whereas the Marshall Islands were ruled under a succession of colonial
regimes, including under Spanish and German rule, followed in the
20th century by Japanese rule under the League of Nations system for
governance of territories;

Whereas military activities of Imperial Japan based in the Marshall
Islands before and during Word War II established the strategic
importance of the Marshall Islands in the Pacific;

Whereas the Marshall Islands were liberated from Japanese military
occupation in some of the most horrific battles of World War II,
during which brave Marshallese people risked their lives to aid the
Armed Forces of the United States and its allies;

Whereas in 1947 Congress approved a trusteeship agreement with the
United Nations Security Council under which the United States became
the administering power with plenary powers of government in the
Marshall Islands;


[[Page 4056]]
118 STAT. 4056


Whereas during the United Nations trusteeship period the United States
fulfilled its commitment to promote the progress of the Marshall
Islands toward democratic self-government and self-determination,
leading to the establishment of local self-government that
culminated in a constitutional convention in which delegates
representing the people of the Marshall Islands proposed that they
be constituted as a self-governing nation;

Whereas in accordance with the enabling measures adopted by the United
States as administering power of the Marshall Islands, which
encouraged and fully supported the emergence of the Marshall Islands
as a duly constituted nation based on the freely expressed will of
the people, in 1979 the people of the Marshall Islands adopted their
own constitution and subsequently declared their form of government
to be a republic;

Whereas the Constitution of the Republic of the Marshall Islands
established a parliamentary governmental system with separation of
powers and a ``Bill of Rights,'' guaranteeing democracy and freedom
for the Marshallese people based on the rule of law, limited
government, and individual liberty;

Whereas the United States and the duly constituted Government of the
Republic of the Marshall Islands adopted a Compact of Free
Association to define government-to-government relations between the
United States and the Marshall Islands as two sovereign nations
under mutually agreed terms upon termination of the United Nations
trusteeship for the Marshall Islands;

Whereas the promulgation of a national constitution made possible the
termination of the United Nations trusteeship in 1986 and the
emergence of the Republic of the Marshall Islands as a sovereign
nation in free association with the United States under the Compact
of Free Association, forming an alliance that preserves the close
and special political, social, economic, and military relationship
between the two countries that developed during the trusteeship
period;

Whereas the United States has no closer alliance with any nation or
group of nations than it does with the Republic of the Marshall
Islands under the Compact of Free Association, which continues the
strategic partnership and role of the Marshall Islands in United
States strategic programs based in the Marshall Islands, which began
at the end of World War II and has continued under the trusteeship
and Compact to promote the mutual security of the United States and
the Marshall Islands;

Whereas the Republic of the Marshall Islands is a model for transition
of formerly non-self-governing territory ravaged by war to a
sovereign political status as a stable democracy, a success story
for institution building and recovery from conflict not only for the
Pacific region but throughout the world;

Whereas in light of the shared history of the United States and the
Republic of the Marshall Islands and special relations under the
Compact of Free Association, it is entirely fitting for Congress to
recognize the 25th anniversary of the adoption of the Constitution
of the Republic of the Marshall Islands, recalling the importance of
duly constituted self-government in the self-determination process
leading to national sovereignty for the Marshall Islands; and


[[Page 4057]]
118 STAT. 4057


Whereas the Republic of the Marshall Islands has remained one of the
staunchest allies of the United States during the cold war and the
war on terrorism, and the voting record of the Republic of the
Marshall Islands as a member state in the United Nations General
Assembly is unparalleled by any other country, further demonstrating
the shared commitment of the two nations to promote democracy and
global peace: Now, therefore, be it

Resolved by the House of Representatives (the Senate concurring),
That Congress--
(1) recognizes the 25th anniversary of the adoption of the
Constitution of the Republic of the Marshall Islands; and
(2) recognizes the Republic of the Marshall Islands as a
staunch ally of the United States, committed to principles of
democracy and freedom for the Pacific region and throughout the
world.

Agreed to July 12, 2004.

MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION NOTE: July 15,
2004 -  [S.Con.Res.114] AND CHILD NUTRITION PROGRAM--SUPPORT

Whereas there are more than 300,000,000 chronically hungry and
malnourished children in the world;
Whereas more than half of these children go to school on an empty
stomach, and almost as many do not attend school at all, but might
if food were available;
Whereas the distribution of food in schools is one of the simplest and
most effective strategies to fight hunger and malnourishment among
children;
Whereas when school meals are offered to hungry or malnourished
children, attendance rates increase significantly, particularly for
girls;
Whereas the distribution of food in schools encourages better school
attendance, thereby improving literacy rates and fighting poverty;
Whereas improvement in the education of girls is one of the most
important factors in reducing child malnutrition in developing
countries;
Whereas girls who attend schools tend to marry later in life and have
fewer children, thereby helping them escape a life of poverty;
Whereas by improving literacy rates and increasing job opportunities,
education addresses several of the root causes of terrorism;
Whereas the distribution of food in schools increases attendance of
children who might otherwise be susceptible to recruitment by groups
that offer them food in return for their attendance at extremist
schools or participation in terrorist training camps;
Whereas the Global Food for Education Initiative pilot program,
established in 2001, donated surplus United States agricultural
commodities to the United Nations World Food Program and other
recipients for distribution to nearly 7,000,000 hungry and
malnourished children in 38 countries;
Whereas a recent Department of Agriculture evaluation found that the
pilot program created measurable improvements in school attendance
(particularly for girls), increased local employment

[[Page 4058]]
118 STAT. 4058

and economic activity, produced greater involvement in local
infrastructure and community improvement projects, and increased
participation by parents in the schools and in the education of
their children;
Whereas the Farm Security and Rural Investment Act of 2002 (Public Law
107-171, 116 Stat. 134) replaced the pilot program with the
McGovern-Dole International Food for Education and Child Nutrition
Program, which was named after former Senators George McGovern and
Robert Dole for their distinguished work to eradicate hunger and
poverty around the world; and
Whereas the McGovern-Dole International Food for Education and Child
Nutrition Program provides food to nearly 2,000,000 hungry or
malnourished children in 21 countries: Now, therefore, be it
Resolved by the Senate (the House of Representatives concurring),
That Congress--
(1) expresses its grave concern about the continuing problem
of hunger and the desperate need to feed hungry and malnourished
children around the world;
(2) recognizes that the global distribution of food in
schools to children around the world increases attendance,
particularly for girls, improves literacy rates, and increases
job opportunities, thereby helping to fight poverty;
(3) recognizes that education of children around the world
addresses several of the root causes of international terrorism;
(4) recognizes that the world will be safer and more
promising for children as a result of better school attendance;
(5) expresses its gratitude to former Senators George
McGovern and Robert Dole for supporting the distribution of food
in schools around the world to children and for working to
eradicate hunger and poverty around the world;
(6) commends the Department of Agriculture, the Agency for
International Development, the Department of State, the United
Nations World Food Program, private voluntary organizations,
non-governmental organizations, and cooperatives for
facilitating the distribution of food in schools around the
world;
(7) expresses its continued support for the distribution of
food in schools around the world;
(8) supports expansion of the McGovern-Dole International
Food for Education and Child Nutrition Program; and
(9) requests the President to work with the United Nations
and its member states to expand international contributions for
the distribution of food in schools around the world.

Agreed to July 15, 2004.

NOTE: July 22, 2004 -  [H.Con.Res.308] AMVETS--RECOGNITION

Whereas on July 23, 1947, AMVETS (American Veterans) was chartered by
the United States as a not-for-profit corporation;

Whereas membership in AMVETS is open to veterans who have honorably
served, or are serving, in the Armed Forces, including the Coast
Guard, National Guard, and Reserves, during or since World War II;


[[Page 4059]]
118 STAT. 4059


Whereas the veterans of the Armed Forces have made great sacrifices to
ensure the peace and security of the United States;

Whereas the members of AMVETS are dedicated to providing important
services to their local communities and to their fellow veterans;

Whereas the motto of AMVETS is ``We fought together, now let's build
together'';

Whereas the members of AMVETS consistently honor that motto through
countless hours of patriotic service, including providing services
to hospitalized veterans, assisting veterans with their problems
regarding housing and employment, marching in parades, participating
in color guards and burial details, and educating the Nation's
youth;

Whereas the war on terrorism has emphasized the sacrifices that veterans
have made, and continue to make, for the benefit of the Nation;

Whereas AMVETS has designated July 23 as AMVETS National Charter Day;
and

Whereas the goal of AMVETS National Charter Day is to raise public
awareness regarding AMVETS' commitment and service to veterans, the
families of veterans, and the Nation: Now, therefore, be it

Resolved by the House of Representatives (the Senate concurring),
That Congress recognizes the members of AMVETS (American Veterans) for
their service to the Nation and supports the goal of AMVETS National
Charter Day.

Agreed to July 22, 2004.

NOTE: July 22, 2004 -  [H.Con.Res.439] ARMY MOTOR TRANSPORTATION
BRIGADE, WORLD WAR II--HONORING

Whereas June 6, 2004, the 60th anniversary of the World War II D-Day
invasion of Normandy, France, was observed by Americans with
numerous commemorations of the sacrifices of those who fought to
preserve the liberty and freedom of the people of the United States;

Whereas commemoration of those sacrifices and the recollection of those
who served should include all who served, including those who
performed critical logistics functions;

Whereas after the breakout from the beachheads at Normandy following the
D-Day landings, Allied forces began a rapid advance across France,
with the result that advancing units in many cases began to outrun
their supplies of fuel, food, and ammunition;

Whereas on August 21, 1944, in response to the need for resupply of
rapidly advancing forces, the Army Motor Transportation Service
created a trucking operation called the Red Ball Express which began
operations on August 25, 1944;

Whereas the Red Ball Express was a massive convoy effort to speed
supplies to the Allied armies advancing across France;


[[Page 4060]]
118 STAT. 4060


Whereas the convoy system stretched from Normandy to Paris and
eventually to the front in the northeastern borderland of France;

Whereas by ensuring that United States and other Allied soldiers were
properly resupplied, the Red Ball Express played a major role in the
defeat of Nazi Germany;

Whereas members of the Red Ball Express persevered through arduous
driving conditions and constant threats of ground and aerial
ambushes and performed their duties with precision and efficiency;

Whereas the Red Ball Express was in operation for 82 days and, by the
time Red Ball Express operations were concluded in November 1944,
Red Ball Express truckers had delivered over 410,000 tons of fuel,
ammunition, food, and other essential supplies for the Allied forces
to succeed in Europe;

Whereas, during World War II, many commanders believed that African-
Americans were not suitable for combat duties and relegated them to
service, support, and supply missions;

Whereas the majority of Red Ball Express drivers were African-Americans;

Whereas the success of the Allied advance through France was made
possible by the soldiers who drove the supply trucks; and

Whereas the members of the Army Motor Transport Brigade who participated
in the Red Ball Express contributed unselfishly to the war effort
despite the indignities and double standards that they endured: Now,
therefore, be it

Resolved by the House of Representatives (the Senate concurring),
That Congress honors the members of the Army Motor Transport Brigade who
during World War II served in the trucking operation known as the Red
Ball Express for their service and contribution to the Allied advance
following the D-Day invasion in Normandy, France.

Agreed to July 22, 2004.

NOTE: July 22, 2004 -  [H.Con.Res.479] ADJOURNMENT--HOUSE OF
REPRESENTATIVES AND SENATE

Resolved by the House of Representatives (the Senate concurring),
That when the House adjourns on the legislative day of Thursday, July
22, 2004, or Friday, July 23, 2004, on a motion offered pursuant to this
concurrent resolution by its Majority Leader or his designee, it stand
adjourned until 2 p.m. on Tuesday, September 7, 2004, or until the time
of any reassembly pursuant to section 2 of this concurrent resolution,
whichever occurs first; and that when the Senate recesses or adjourns on
Thursday, July 22, 2004, Friday, July 23, 2004, or Saturday, July 24,
2004, on a motion offered pursuant to this concurrent resolution by its
Majority Leader or his designee, it stand recessed or adjourned until
noon on Tuesday, September 7, 2004, or at such other time on that day as
may be specified by its Majority Leader or his designee in the motion

[[Page 4061]]
118 STAT. 4061

to recess or adjourn, or until the time of any reassembly pursuant to
section 2 of this concurrent resolution, whichever occurs first.
Sec. 2. The Speaker of the House and the Majority Leader of the
Senate, or their respective designees, acting jointly after consultation
with the Minority Leader of the House and the Minority Leader of the
Senate, shall notify the Members of the House and the Senate,
respectively, to reassemble at such place and time as they may designate
whenever, in their opinion, the public interest shall warrant it.

Agreed to July 22, 2004.

NOTE: Sept. 22, 2004 -  [S.Con.Res.137] SUDAN--SUSPENSION FROM THE
UNITED NATIONS COMMISSION ON HUMAN RIGHTS

Whereas in Darfur, Sudan, more than 30,000 innocent civilians have been
murdered, more than 400 villages have been destroyed, more than
130,000 men, women, and children have been forced from their
villages into neighboring countries, and more than 1,000,000 people
have been internally displaced;
Whereas the United States Government has been, and remains as of
September 2004, the largest contributor of assistance to the people
of Darfur, having provided over $200,000,000 in assistance, which
constitutes more than 70 percent of the total assistance provided to
that region;
Whereas the United States has pledged $299,000,000 in humanitarian aid
to Darfur through fiscal year 2005, as well as $11,800,000 in
support of the African Union mission in that region, and is likely
to provide support in excess of those pledges;
Whereas United States citizens and private organizations, as well as the
United States Government, have admirably worked, at great risk and
through great effort, to ease suffering in Darfur, Sudan, and in
eastern Chad;
Whereas based on credible reports, Congress determined in late July 2004
that acts of genocide were occurring in Darfur, Sudan, and that the
Government of Sudan bears direct responsibility for many of those
acts of genocide;
Whereas expressing its grave concern at the ongoing humanitarian crisis
and widespread human rights violations in Darfur, including
continued attacks on civilians that place thousands of lives at
risk, the United Nations Security Council on July 30, 2004,
unanimously adopted Security Council Resolution 1556, which called
upon the Government of Sudan to fulfill immediately its obligations
to facilitate humanitarian relief efforts, to take steps to disarm
immediately the Janjaweed militias responsible for attacks on
civilians and bring the perpetrators of such attacks to justice, and
to cooperate with independent United Nations-sponsored
investigations of human rights violations;
Whereas the Government of Sudan has failed to take credible steps to
comply with the demands of the international community as expressed
through the United Nations Security Council;
Whereas according to press reports, reports from nongovernmental
organizations, first-hand accounts from refugees, and other sources,
the Janjaweed attacks on the civilians of Darfur continue unabated
as of September 2004;

[[Page 4062]]
118 STAT. 4062

Whereas there are credible reports from some of these same sources that
the Government of Sudan is providing assistance to the Janjaweed
militias and, in some cases, that Government of Sudan forces have
participated directly in attacks on civilians;
Whereas the United States Government, after conducting more than 1,000
interviews with survivors and refugees, has determined that genocide
has occurred in Darfur, that it may still be occurring, and that
both the Janjaweed and the Government of Sudan bear responsibility
for these acts;
Whereas the Secretary of State has determined that the attacks by the
Government of Sudan and the Janjaweed on the non-Arab people of
Darfur and their villages are based on race, not religion;
Whereas the United States has recently introduced a new resolution in
the United Nations Security Council that calls for the Government of
Sudan to cooperate fully with an expanded African Union force and
for a cessation of Sudanese military flights over Darfur;
Whereas the introduced resolution also provides for international
overflights of the Darfur region to monitor the situation on the
ground and requires the United Nations Security Council to review
the record of compliance of the Government of Sudan to determine
whether the United Nations should impose sanctions on Sudan,
including sanctions affecting the petroleum sector in that country;
Whereas the resolution also urges the Government of Sudan and the
Sudanese People's Liberation Movement to conclude negotiations on a
comprehensive peace accord and, most important, calls for a United
Nations investigation into all violations of international
humanitarian law and human rights law that have occurred in Darfur
in order to ensure accountability;
Whereas the United Nations Security Council, in United Nations Security
Council Resolution 1556, emphasized that the Government of Sudan
bears primary responsibility for respecting human rights and
protecting the people of Sudan;
Whereas United Nations Security Council Resolution 1556 calls upon the
Government of Sudan to cooperate with the United Nations;
Whereas the United Nations Human Rights Commission, established in 1946
and given the responsibility of drafting the Universal Declaration
of Human Rights, is responsible for promoting respect for and
observance of, human rights and fundamental freedoms for all;
Whereas the Universal Declaration of Human Rights declares that all
human beings are born free and equal in dignity and rights, that
everyone is entitled to all the rights and freedoms set forth in the
Declaration regardless of race, color, sex, language, religion,
political or other opinion, or national or social origin, property,
birth, or other status, that everyone has the right to life, liberty
and security of person, that no one shall be held in slavery or
servitude, and that no one shall be subjected to torture or to
cruel, inhuman, or degrading treatment or punishment;
Whereas the Convention on the Prevention and Punishment of Genocide,
done at Paris on December 9, 1948 (hereafter in this resolution
referred to as the ``Genocide Convention''), delineates the criteria
that constitute genocide and requires parties to prevent and punish
genocide;

[[Page 4063]]
118 STAT. 4063

Whereas Sudan is a state party to the Genocide Convention and remains a
member of the United Nations Commission on Human Rights;
Whereas the Secretary of State determined that, according to United
States law, the Government of Sudan is a state sponsor of terrorism
and has been since 1993 and therefore remains ineligible for United
States foreign assistance;
Whereas due to the human rights situation in Darfur, it would be
consistent with United States obligations under the Genocide
Convention for the Secretary of State and the United States
Permanent Representative to the United Nations to seek the immediate
suspension of Sudan from the United Nations Commission on Human
Rights and, in the event a formal investigation results in a
determination by the United Nations that genocide has occurred in
Darfur, the ultimate removal of Sudan from such Commission; and
Whereas it is a mockery of human rights as a universal principle, a
challenge to the United Nations as an institution, and an affront to
all responsible countries that embrace and promote human rights that
a government under investigation by the United Nations for
committing genocide against, and violating the human rights of, its
own citizens sits in judgment of others as a member in good standing
of the United Nations Commission on Human Rights: Now, therefore, be
it
Resolved by the Senate (the House of Representatives concurring),
That Congress--
(1) recognizes and approves of the findings of the Secretary
of State that genocide has occurred and may still be occurring
in Darfur, Sudan, and that the Government of Sudan bears
responsibility for such acts;
(2) supports the Secretary of State's call for a full and
unfettered investigation by the United Nations into all
violations of international humanitarian law and human rights
law that have occurred in Darfur, with a view to ensuring
accountability;
(3) supports the resolution introduced by the United States
Government in the United Nations Security Council on September
9, 2004, with regard to the situation in Darfur;
(4) calls upon the Secretary of State and the United States
Permanent Representative to the United Nations to take immediate
steps to pursue the establishment of a formal United Nations
investigation, under Article VIII of the Genocide Convention, to
determine whether the actions of the Government of Sudan in
Darfur constitute acts of genocide;
(5) calls upon the Secretary of State and the United States
Permanent Representative to the United Nations to take immediate
steps to pursue the immediate suspension of Sudan from the
United Nations Commission on Human Rights;
(6) calls upon the Secretary of State and the United States
Permanent Representative to the United Nations to take further
steps to ensure that the suspension of Sudan from the United
Nations Commission on Human Rights remains in effect unless and
until the Government of Sudan meets all of its obligations, as
determined by the United Nations Security Council, under United
Nations Security Council Resolution 1556 of July 30, 2004, and
any subsequent United Nations Security Council resolutions
regarding this matter;

[[Page 4064]]
118 STAT. 4064

(7) calls upon the Secretary of State and the United States
Permanent Representative to the United Nations to take steps to
ensure that, in the event that the formal investigation of acts
of genocide in Sudan results in a determination by the United
Nations that genocide has occurred or is occurring in Darfur,
the United States Government takes appropriate actions to ensure
that Sudan is removed from the United Nations Human Rights
Commission;
(8) calls upon the member states of the United Nations
Commission on Human Rights to convene an immediate special
session to consider the urgent and acute human rights situation
in Sudan for the purpose of considering whether Sudan should be
suspended from membership in such Commission; and
(9) expects the Secretary of State to report to Congress on
progress made toward taking the actions and accomplishing the
objectives outlined in this resolution not later than 60 days
after the date on which Congress agrees to the resolution.

Agreed to September 22, 2004.

NOTE: Sept. 27, 2004 -  [H.Con.Res.161] NORTH PLATTE CANTEEN--
RECOGNITION AND SUPPORT

Whereas at the beginning of World War II residents of North Platte,
Nebraska, received information that members of the Nebraska National
Guard from the North Platte area would be traveling through the
community of North Platte on a troop train en route to the west
coast;

Whereas residents of the North Platte community met the troop train on
December 17, 1941, with food and other gifts for the troops when
they arrived at the Union Pacific train station;

Whereas although the troop train carried young men from Kansas instead
of members of the Nebraska National Guard, the residents of North
Platte presented the young men from Kansas with the food and other
items that were donated;

Whereas Rae Wilson, of North Platte, proposed establishing the North
Platte Canteen to the North Platte community so residents would
greet every troop train that traveled through North Platte and
provide the military troops with comforts from home on their way to
serve their country during World War II;

Whereas on December 25, 1941, the North Platte Canteen began serving
food and other items to the United States military troops traveling
across the United States to either the east or west coast before
being shipped overseas;

Whereas during World War II, the North Platte Canteen routinely greeted
and served food to between 3,000 and 5,000, and up to a maximum of
8,000, uniformed personnel on a daily basis for an approximate total
of 6,000,000 personnel from every corner of the Nation;

Whereas individuals from 125 communities in Nebraska, Colorado, and
Kansas donated food and volunteered at the North Platte Canteen over
its period of operation of approximately 5 years;


[[Page 4065]]
118 STAT. 4065


Whereas the North Platte Canteen operated strictly with volunteers from
local communities, organizations, churches, schools, and other
groups and received no Federal assistance for its operation;

Whereas the North Platte Canteen received $137,000 in cash contributions
from benefit dances, scrap-metal drives, school victory clubs,
donation cans in local businesses, and relatives of servicemembers
who traveled through the Canteen to help maintain the Canteen's
operations over its period of operation;

Whereas the North Platte Canteen during one month alone served over
40,000 homemade cookies, 30,000 hard-boiled eggs, nearly 7,000 cup,
loaf, and birthday cakes, and over 2,800 pounds of sandwich meat to
serve to uniformed personnel;

Whereas a typical daily shopping list might include 175 loaves of bread,
100 pounds of meat, 15 pounds of cheese, 2 quarts of peanut butter,
45 pounds of coffee, 40 quarts of cream, and 500 half-pint bottles
of milk;

Whereas the greatest contribution of the North Platte Canteen to the war
effort was as a morale booster and a reminder to servicemembers of
the American values and ideals for which they were fighting; and

Whereas the North Platte Canteen was honored and recognized by the
United States military with the War Department's Meritorious Wartime
Service Award: Now, therefore, be it

Resolved by the House of Representatives (the Senate concurring),
That the Congress--
(1) recognizes the outstanding efforts of the individuals
and communities involved with the North Platte Canteen that
served the needs of 6,000,000 military personnel, who traveled
through North Platte, Nebraska, on troop trains from December
25, 1941, to April 1, 1946, during World War II; and
(2) requests that the President issue a proclamation
recognizing the gallant efforts of those who made enormous
sacrifices to make the North Platte Canteen a success during
World War II.

Agreed to September 27, 2004.

NOTE: Sept. 28, 2004 -  [H.Con.Res.475] 2012 OLYMPIC GAMES SITE--NEW
YORK CITY SELECTION BID

Whereas the Olympic Games further the cause of world peace and
understanding;

Whereas the country hosting the Olympic Games performs an act of
international goodwill;

Whereas if New York City were chosen to host the 2012 Olympic Games
there would be a substantial local, regional, and national economic
impact, which would include 7 years of international sports events,
meetings, and related nationwide tourism activity;

Whereas the Olympic movement celebrates competition, fair play, and the
pursuit of dreams;

Whereas the United States and, in particular, New York City celebrate
these same ideals; and


[[Page 4066]]
118 STAT. 4066


Whereas New York City has never hosted the Olympic Games: Now,
therefore, be it

Resolved by the House of Representatives (the Senate concurring),
That Congress--
(1) encourages the International Olympic Committee to choose
New York City as the site of the 2012 Olympic Games; and
(2) hopes that the United States will be selected as the
host country of the 2012 Olympic Games, and pledges its
cooperation and support for their successful fulfillment in the
highest Olympic tradition.

Agreed to September 28, 2004.

NOTE: Sept. 30, 2004 -  [H.Con.Res.501] DUKE ELLINGTON--ACHIEVEMENTS

Whereas jazz music is America's classical music and is an art form that
is indigenous to the United States;

Whereas the influence of jazz has spread across the world and jazz truly
incorporates and transcends differences of nationality, religion,
language, culture, socioeconomic status, and race;

Whereas Edward Kennedy ``Duke'' Ellington, who was born on April 29,
1899 in Washington, D.C., and died on May 24, 1974 in New York City,
was one of the pioneers of jazz music;

Whereas Duke Ellington formed his first band in 1917;

Whereas over the course of his 50-year musical career, Duke Ellington
took jazz to the farthest corners of the world, performing in
Europe, the Soviet Union, Japan, and Australia during the 1960's on
diplomatic tours sponsored by the Department of State;

Whereas among his numerous other public honors, Duke Ellington was
appointed to the National Council on the Arts in 1968, received the
President's Gold Medal in 1966 from President Lyndon Johnson, and
was awarded the Presidential Medal of Freedom, the highest honor a
civilian can receive in the United States, in 1969;

Whereas Duke Ellington has also received many awards and honors from
private entities, including 13 GRAMMY Awards from the National
Academy of Recording Arts and Sciences over 40 years, the Pied Piper
Award from the American Society of Composers, Authors, and
Publishers in 1968, and honorary doctoral degrees from 16
institutions;

Whereas after the death of Duke Ellington, Western High School in
Washington, D.C., was renamed the Duke Ellington School of the Arts
and is celebrating its 30th anniversary this year;

Whereas the House of Representatives has declared that jazz is a rare
and valuable national treasure that deserves attention, support, and
resources to ensure that it is preserved, understood, and
promulgated;

Whereas Washington, D.C., does not currently host its own jazz festival;

Whereas Charles Fishman, who was Dizzy Gillespie's personal manager and
producer until his death and is highly regarded in

[[Page 4067]]
118 STAT. 4067

the jazz world, has established the Duke Ellington Jazz Festival, a
non-profit organization which will produce an annual Duke Ellington
Jazz Festival in Washington, D.C., beginning in 2005;

Whereas Duke Ellington Jazz Festival will consist of events across
Washington, D.C., over a number of days, most of which will be free
of charge, and will culminate in 2 days of concerts on the National
Mall;

Whereas the rich musical legacy, international character, and diverse
community of Washington, D.C. make it the ideal city to host a
world-class international jazz festival; and

Whereas the Duke Ellington Jazz Festival will soon become known as one
of the leading jazz festivals in the world, showcasing the best in
jazz music in the shadow of the United States Capitol: Now,
therefore, be it

Resolved by the House of Representatives (the Senate concurring),
That Congress--
(1) honors the life and work of Duke Ellington and his
immortal contributions to American and world music;
(2) recognizes the Duke Ellington School of the Arts in
Washington, D.C., on the occasion of its 30th anniversary; and
(3) supports the annual Duke Ellington Jazz Festival to be
held in Washington, D.C., beginning in 2005.

Agreed to September 30, 2004.

NOTE: Oct. 4, 2004 -  [S.Con.Res.76] ``A TRIBUTE TO SURVIVORS''--
UNITED STATES HOLOCAUST MEMORIAL MUSEUM

Whereas, in 1945, American soldiers and other Allied forces, defeated
Nazi Germany, ending World War II in Europe and the systematic
murder of Europe's Jews and other targeted groups;
Whereas, 6,000,000 Jews were killed during the Holocaust, and after
World War II hundreds of thousands of survivors immigrated to the
United States, where in spite of their enormous suffering, they
rebuilt their lives, and embraced and enriched their adopted
homeland;
Whereas, in 1978, President Jimmy Carter created the President's
Commission on the Holocaust to make a recommendation regarding ``the
establishment . . . of an appropriate memorial to those who perished
in the Holocaust'';
Whereas, President Carter said: ``Out of our memory . . . of the
Holocaust we must forge an unshakable oath with all civilized people
that never again will the world stand silent, never again will the
world . . . fail to act in time to prevent this terrible crime of
genocide. . . . [W]e must harness the outrage of our own memories to
stamp out oppression wherever it exists. We must understand that
human rights and human dignity are indivisible.'';
Whereas, in 1979, the Commission recommended ``a living memorial that
will speak not only of the victims' deaths but of their lives,

[[Page 4068]]
118 STAT. 4068

a memorial that can transform the living by transmitting the legacy
of the Holocaust'';
Whereas, in 1980, the United States Congress unanimously passed
legislation authorizing the creation of the United States Holocaust
Memorial Museum as a ``permanent living memorial'' on Federal land
in the Nation's Capital;
Whereas, in 1983, Vice President George Bush designated the Federal land
on which the United States Holocaust Memorial Museum would be built;
Whereas, Vice President Bush said: ``Here we will learn that each of us
bears responsibility for our actions and our failure to act. Here we
will learn that we must intervene when we see evil arise. Here we
will learn more about the moral compass by which we navigate our
lives and by which countries navigate the future.'';
Whereas, in 1985, Holocaust survivors participated in the groundbreaking
ceremony at the site of the future United States Holocaust Memorial
Museum;
Whereas, in 1988, President Ronald Reagan dedicated the cornerstone of
the United States Holocaust Memorial Museum;
Whereas, President Reagan said: ``We who did not go their way owe them
this: We must make sure that their deaths have posthumous meaning.
We must make sure that from now until the end of days all humankind
stares this evil in the face . . . and only then can we be sure it
will never arise again.'';
Whereas, in 1992, replicas of 2 of the milk cans that hid the Oneg
Shabbat archive under the Warsaw Ghetto were buried beneath the
Museum's Hall of Remembrance, with a Scroll of Remembrance signed by
Holocaust survivors;
Whereas, in 1993, President Bill Clinton opened the United States
Holocaust Memorial Museum;
Whereas, President Clinton said: ``[T]his museum will touch the life of
everyone who enters and leave everyone forever changed; a place of
deep sadness and a sanctuary of bright hope; an ally of education
against ignorance, of humility against arrogance, an investment in a
secure future against whatever insanity lurks ahead. If this museum
can mobilize morality, then those who have perished will thereby
gain a measure of immortality.'';
Whereas, in 2001, President George W. Bush delivered the keynote address
at the first Days of Remembrance ceremony after he assumed office.
Whereas, President Bush said: ``When we remember the Holocaust and to
whom it happened, we must also remember where it happened . . . The
orders came from men who . . . had all the outward traits of
cultured men, except for conscience. Their crimes showed the world
that evil can slip in, and blend in, even amid the most civilized
surroundings. In the end, only conscience can stop it. And moral
discernment, decency, tolerance--these can never be assumed in any
time, or any society. They must always be taught.'';
Whereas, the United States Holocaust Memorial Museum has had more than
19,000,000 visitors in the first 10 years of its existence;
Whereas, in 2003, the United States Holocaust Memorial Museum, on the
occasion of its 10th Anniversary, wishes to pay tribute to America's
Holocaust survivors, who worked tirelessly to help build the Museum
and whose committed support and involvement

[[Page 4069]]
118 STAT. 4069

continue to make the institution such an extraordinary memorial and
a vital part of life in the United States; and
Whereas, the United States Holocaust Museum has a sacred obligation to
preserve and transmit the history and lessons of the Holocaust and,
together with the Holocaust survivors, must ensure that the legacy
of the survivors is passed on to each new generation: Now,
therefore, be it
Resolved by the Senate (the House of Representatives concurring),
That Congress--
(1) recognizes that November 2, 2003, shall be dedicated to
``A Tribute to Survivors'' at the United States Holocaust
Memorial Museum and shall be devoted to honoring our Nation's
Holocaust survivors, as well as their liberators and rescuers,
and their families;
(2) recognizes that on that day, the United States Holocaust
Memorial Museum shall be devoted in its entirety to special
programs about and for the survivors of the Holocaust;
(3) commends the United States Holocaust Memorial Museum for
its first decade of education dedicated to the memory of the
victims of the Holocaust;
(4) endeavors to continue to support the vital work of the
United States Holocaust Memorial Museum; and
(5) requests that this resolution shall be duly recorded in
the official records of the United States Holocaust Memorial
Museum.

Agreed to October 4, 2004.

NOTE: Oct. 9, 2004 -  [H.Con.Res.514] ENROLLMENT CORRECTION--H.R.
4200

Resolved by the House of Representatives (the Senate concurring),
That in the enrollment of the bill (H.R. 4200) to authorize
appropriations for fiscal year 2005 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe personnel strengths
for such fiscal year for the Armed Forces, and for other purposes, the
Clerk of the House of Representatives shall make the following
correction: in section 714(b), strike ``Section 1974g(a)(2)(E)(i)'' and
insert ``Section 1074g(a)(2)(E)(i)''.

Agreed to October 9, 2004.

NOTE: Oct. 9, 2004 -  [H.Con.Res.519] ENROLLMENT CORRECTIONS--H.R.
5107

Resolved by the House of Representatives (the Senate concurring),
That in the enrollment of H.R. 5107 (the Justice for All Act of 2004),
the Clerk of the House is hereby authorized and directed--
(1) in section 312(a), to insert ``and title II'' after
``this title'' each place that term appears;
(2) in each of paragraphs (2) and (3) of section 312(b), to
insert ``and title II'' after ``this title'' each place that
term appears;
(3) in section 312(b)(9), to strike ``202'' and insert
``311'';

[[Page 4070]]
118 STAT. 4070

(4) in section 3600(a)(10)(A)(ii), as added by the amendment
made by section 411(a), to insert ``the'' after ``that'';
(5) in section 3600(a)(10)(B)(iii), as added by the
amendment made by section 411(a), to insert ``the'' after
``that''; and
(6) in section 421(e)(1)(B), to strike ``representation''
and insert ``cases, except for individuals currently employed as
prosecutors''.

Agreed to October 9, 2004.

NOTE: Oct. 10, 2004 -  [H.Con.Res.473] PATRIOT DAY, SEPTEMBER 11--
SUPPORT

Whereas, across the Nation and around the world, people of all ages and
walks of life collectively witnessed an event of immense tragedy on
September 11, 2001;

Whereas the events of that day instantly transformed many lives, some
through personal loss, and many others through an unfamiliar sense
of individual and national vulnerability;

Whereas an unprecedented, historic bonding of Americans arose from the
collective shock, unifying the Nation in a sustained outpouring of
national spirit, pride, selflessness, generosity, courage, and
service;

Whereas, on that day and the immediate days that followed, many brave
people heroically, tirelessly, and courageously participated in an
extraordinarily difficult and dangerous rescue and recovery effort,
in many cases voluntarily putting their own well being at risk;

Whereas September 11 will never and should never be just another day in
the hearts and minds of all Americans;

Whereas the creation of memorials and monuments honoring the lives lost
on September 11, as well as the efforts of those who participated in
rescue, recovery, and voluntary service efforts, are necessary,
proper, and fitting, but alone cannot fully capture the Nation's
desire to pay tribute in a meaningful way;

Whereas it is fitting and essential to establish a lasting, meaningful,
and positive legacy of service for future generations as a tribute
to those heroes of September 11;

Whereas many citizens wish to memorialize September 11 by engaging in
personal and individual acts of community service or other giving
activities as part of a national day of recognition and tribute; and

Whereas to lose this opportunity to bring people together for such an
important endeavor would be a tragedy unto itself: Now, therefore,
be it

Resolved by the House of Representatives (the Senate concurring),
That--
(1) it is the sense of Congress that it is appropriate to
annually observe Patriot Day, September 11, with voluntary acts
of service and compassion in honor of the lives lost on that day
and in the spirit of selflessness and unity demonstrated by
those who participated in the rescue, recovery, and voluntary
service activities that day; and

[[Page 4071]]
118 STAT. 4071

(2) Congress urges the President to issue a proclamation
calling upon the people of the United States to annually observe
Patriot Day, September 11, with appropriate and personal
expressions of voluntary service, charity, and compassion toward
others.

Agreed to October 10, 2004.

NOTE: Oct. 10, 2004 -  [H.Con.Res.486] MILITARY UNIT FAMILY SUPPORT
VOLUNTEERS--RECOGNITION

Whereas members of the Armed Forces and their families make significant
sacrifices on behalf of the United States;

Whereas the military necessity of long deployments, frequent
relocations, and infrequent family contact for members of the Armed
Forces can be extremely challenging for members and their families;

Whereas, in response to these sacrifices and challenges, military unit
family support volunteers from each branch of the Armed Forces have
stepped forward to provide members of the Armed Forces and their
families critical support while members are deployed;

Whereas military unit family support volunteers consist of the Army
Family Readiness Volunteers, Navy Ombudsmen, Air Force Spouses
Together and Ready volunteers (STARs), and Marine Key Volunteers
(KVs);

Whereas military unit family support volunteers are generally spouses of
members of the Armed Forces, and they provide assistance to military
families while also enduring the challenges of military life;

Whereas military unit family support volunteers are motivated by the
desire to improve the lives of other military families and to assist
future generations;

Whereas military unit family support volunteers serve as liaisons
between military commands and families, often serving as information
conduits between the two groups;

Whereas military unit family support volunteers also connect the
community with military families and local military installations,
often leveraging donations and resources to the advantage of the
military families; and

Whereas military unit family support volunteers provide their services
on a voluntary basis, with little public recognition and no
financial assistance, and often contribute their own resources to
help other military families: Now, therefore, be it

Resolved by the House of Representatives (the Senate concurring),
That Congress recognizes and honors the military unit family support
volunteers of each branch of the Armed Forces who selflessly devote
their time, talent, and energy in service to the United States and
commends military unit family support volunteers for

[[Page 4072]]
118 STAT. 4072

their dedicated contributions to the Armed Forces and the quality of
life of members of the Armed Forces and their families.

Agreed to October 10, 2004.

NOTE: Oct. 10, 2004 -  [H.Con.Res.518] ADJOURNMENT--HOUSE OF
REPRESENTATIVES AND SENATE

Resolved by the House of Representatives (the Senate concurring),
That when the House adjourns on the legislative day of Saturday, October
9, 2004, or Sunday, October 10, 2004, on a motion offered pursuant to
this concurrent resolution by its Majority Leader or his designee, it
stand adjourned until 2 p.m. on Tuesday, November 16, 2004, or until the
time of any reassembly pursuant to section 2 of this concurrent
resolution, whichever occurs first; and that when the Senate recesses or
adjourns on any day from Saturday, October 9, 2004, through Friday,
October 15, 2004, on a motion offered pursuant to this concurrent
resolution by its Majority Leader or his designee, it stand recessed or
adjourned until noon on Monday, November 15, 2004, or noon on Tuesday,
November 16, 2004, as may be specified in the motion to recess or
adjourn, or until such other time on either day as may be so specified,
or until the time of any reassembly pursuant to section 2 of this
concurrent resolution, whichever occurs first.
Sec. 2. The Speaker of the House and the Majority Leader of the
Senate, or their respective designees, acting jointly after consultation
with the Minority Leader of the House and the Minority Leader of the
Senate, shall notify the Members of the House and the Senate,
respectively, to reassemble at such place and time as they may designate
whenever, in their opinion, the public interest shall warrant it.

Agreed to October 10, 2004.

NOTE: Oct. 10, 2004 -  [S.Con.Res.135] RONALD WILSON REAGAN EULOGIES
AND ENCOMIUMS--SENATE PRINT

Resolved by the Senate (the House of Representatives concurring),

SECTION 1. COMMEMORATIVE DOCUMENT AUTHORIZED.

A commemorative document in memory of the late President of the
United States, Ronald Wilson Reagan, consisting of the eulogies and
encomiums for Ronald Wilson Reagan, as expressed in the Senate and the
House of Representatives, together with the texts of the state funeral
ceremony at the United States Capitol Rotunda, the national funeral
service held at the Washington National Cathedral, Washington, District
of Columbia, and the interment ceremony at the Ronald Reagan
Presidential Library, Simi Valley, California, shall be printed as a
House document, with illustrations and suitable binding, under the
direction of the Joint Committee on Printing.

[[Page 4073]]
118 STAT. 4073

SEC. 2. PRINTING OF DOCUMENT.

In addition to the usual number of copies printed, there shall be
printed the lesser of--
(1) 32,500 copies of the commemorative document, of which
22,150 copies shall be for the use of the House of
Representatives and 10,350 copies shall be for the use of the
Senate; or
(2) such number of copies of the commemorative document that
does not exceed a production and printing cost of $1,000,000,
with distribution of the copies to be allocated in the same
proportion as described in paragraph (1).

Agreed to October 10, 2004.

NOTE: Nov. 17, 2004 -  [S.Con.Res.145] ENROLLMENT CORRECTIONS--H.R.
1417

Resolved by the Senate (the House of Representatives concurring),
That in the enrollment of H.R. 1417, an Act to amend title 17, United
States Code, to replace copyright arbitration royalty panels with
Copyright Royalty Judges, and for other purposes (the Copyright Royalty
and Distribution Reform Act of 2004), the Clerk of the House of
Representatives shall make the following corrections:
(1) In section 801 of title 17, United States Code, as
amended by section 3(a) of H.R. 1417--
(A) in subsection (b)(7)(A)--
(i) in clause (i), strike ``the other
participants'' and insert ``participants''; and
(ii) in clause (ii), strike ``any other
participant described in subparagraph (A)'' and
insert ``any participant described in clause
(i)'';
(B) in subsection (b)(7)(B), strike ``118(b) (2) or
(3)'' and insert ``118(b)(2)'';
(C) in subsection (b)(8), insert a comma after
``802(g)''; and
(D) in subsection (c), strike ``As provided in
section 801(f)(1), the'' and insert ``The''.
(2) In section 802 of title 17, United States Code, as
amended by section 3(a) of H.R. 1417--
(A) in subsection (a)(1), in the second sentence--
(i) strike ``two Copyright'' and insert ``2
Copyright''; and
(ii) strike ``one shall'' and insert ``1
shall'';
(B) in subsection (c)--
(i) strike ``appointed the Chief Copyright''
and insert ``appointed as the Chief Copyright'';
and
(ii) strike ``appointed Copyright'' and insert
``appointed as Copyright''; and
(C) in subsection (f)--
(i) in paragraph (1)(A)(ii), strike ``14 days
of receipt by the Register of Copyrights of all''
and insert ``14 days after the Register of
Copyrights receives all'';
(ii) in paragraph (1)(B)(i)--
(I) strike ``The Register shall''
and insert ``The Register of Copyrights
shall'';

[[Page 4074]]
118 STAT. 4074

(II) strike ``30 days of receipt by
the Register of Copyrights of all'' and
insert ``30 days after the Register of
Copyrights receives all''; and
(III) in the last sentence, insert
``to the Copyright Royalty Judges''
after ``is timely delivered'';
(iii) in paragraph (1)(D)--
(I) insert after the second sentence
the following: ``The Register of
Copyrights shall issue such written
decision not later than 60 days after
the date on which the final
determination by the Copyright Royalty
Judges is issued.'';
(II) in the following sentence,
insert a comma after ``such written
decision'';
(III) strike ``section
802(f)(1)(D)'' and insert ``this
subparagraph'';
(IV) strike ``notification and
undertakes to consult with'' and insert
``notification to, and undertakes to
consult with,''; and
(V) strike ``fails within reasonable
period after receipt of such
notification'' and insert ``fails,
within a reasonable period after
receiving such notification,''.
(3) In section 803 of title 17, United States Code, as
amended by section 3(a) of H.R. 1417--
(A) in subsection (a)(1), strike ``Librarian of
Congress, copyright arbitration royalty panels,'' and
insert ``the Librarian of Congress,'';
(B) in subsection (b)--
(i) in paragraph (1), amend subparagraph
(A)(i) to read as follows:
``(A) Call for petitions to participate.--(i) The
Copyright Royalty Judges shall cause to be published in
the Federal Register notice of commencement of
proceedings under this chapter, calling for the filing
of petitions to participate in a proceeding under this
chapter for the purpose of making the relevant
determination under section 111, 112, 114, 115, 116,
118, 119, 1004, or 1007, as the case may be--
``(I) promptly upon a determination made under
section 804(a);
``(II) by no later than January 5 of a year
specified in paragraph (2) of section 804(b) for
the commencement of proceedings;
``(III) by no later than January 5 of a year
specified in subparagraph (A) or (B) of paragraph
(3) of section 804(b) for the commencement of
proceedings, or as otherwise provided in
subparagraph (A) or (C) of such paragraph for the
commencement of proceedings;
``(IV) as provided under section 804(b)(8); or
``(V) by no later than January 5 of a year
specified in any other provision of section 804(b)
for the filing of petitions for the commencement
of proceedings, if a petition has not been filed
by that date.'';
(ii) in clause (ii) of paragraph (1)(A)--
(I) strike ``proceeding, under
clause (i)'' and insert ``proceeding
under clause (i)''; and

[[Page 4075]]
118 STAT. 4075

(II) strike ``section 803(b)(3)''
and insert ``paragraph (3)'';
(iii) in paragraph (4)(A), strike ``a
participant in the proceeding asserts a claim in
the amount of'' and insert ``the contested amount
of a claim is'';
(iv) in paragraph (6)(C)--
(I) in clause (iv), insert a comma
after ``orders'';
(II) in clause (v), strike
``according to'' and insert ``in
accordance with''; and
(III) in clause (vi)(I), strike
``absent the discovery sought'' and
insert ``, absent the discovery
sought,'';
(v) in clause (vii), strike ``interrogatories
and'' and insert ``interrogatories, and''; and
(vi) in clause (ix)--
(I) in the first sentence, insert a
comma after ``give testimony'' and
insert a comma after ``inspection of
documents or tangible things''; and
(II) in the last sentence, strike
``subparagraph'' and insert ``clause'';
(C) in subsection (c)--
(i) in paragraph (1), strike ``(b)(3)(C)(x)''
and insert ``(b)(6)(C)(x)'';
(ii) in paragraph (2)--
(I) in subparagraph (A)--
(aa) insert ``in a
proceeding'' after ``a
participant''; and
(bb) strike ``a proceeding
is issued'' and insert ``the
proceeding is issued'';
(II) in subparagraph (B), strike
``their initial determination concerning
rates and terms to the participants in
the proceeding'' and insert ``to the
participants in the proceeding their
initial determination concerning rates
and terms''; and
(III) in subparagraph (C), strike
``except as provided under subsection
(d)(1)'' and insert ``except that
nonparticipation may give rise to the
limitations with respect to judicial
review provided for in subsection
(d)(1)''; and
(iii) in paragraph (6), strike ``Following
review of the determination by the Register of
Copyrights under section 802(f)(1)(D)'' and insert
``By no later than the end of the 60-day period
provided in section 802(f)(1)(D)''; and
(D) in the second sentence of subsection (d)(2)(A),
strike ``transmission service'' and insert ``licensee''.
(4) In section 5(b)(1)--
(A) in subparagraph (A), strike ``and'' at the end;
(B) strike subparagraph (B); and
(C) redesignate subparagraphs (C) and (D) as
subparagraphs (B) and (C), respectively.
(5) In the amendment made by section 5(b)(1)(A)--
(A) strike ``5-year periods'' and insert ``5-year
period''; and
(B) strike ``such other periods'' and insert ``such
other period''.

[[Page 4076]]
118 STAT. 4076

(6) Strike paragraph (3) of section 5(b) and insert the
following:
(3) in paragraph (5), by striking ``determination by a
copyright arbitration royalty panel or decision by the Librarian
of Congress'' and inserting ``decision by the Librarian of
Congress or determination by the Copyright Royalty Judges'';
(7) In the amendment made by section 5(c)(1)(A)(i)--
(A) strike ``5-year periods'' and insert ``the 5-
year period''; and
(B) strike ``different transitional periods are
provided in section 804(b), or such periods'' and insert
``a different transitional period is provided under
section 6(b)(3) of the Copyright Royalty and
Distribution Reform Act of 2004, or such other period''.
(8) In the amendment made by section 5(c)(1)(B)(i), strike
`in section 804(b)'' and insert ``under section 6(b)(3) of the
Copyright Royalty and Distribution Reform Act of 2004''.
(9) In the amendment made by section 5(c)(2)(A)--
(A) strike ``5-year periods'' and insert ``the 5-
year period''; and
(B) strike ``different transitional periods are
provided in section 804(b), or such periods'' and insert
``a different transitional period is provided under
section 6(b)(3) of the Copyright Royalty and
Distribution Reform Act of 2004, or such other period''.
(10) In the amendment made by section 5(c)(2)(B)(i), strike
`in section 804(b)'' and insert ``under section 6(b)(3) of the
Copyright Royalty and Distribution Reform Act of 2004''.
(11) Strike paragraph (3) of section 5(c) and insert the
following:
(3) in paragraph (3), by striking ``determination by a
copyright arbitration royalty panel or decision by the Librarian
of Congress'' and inserting ``decision by the Librarian of
Congress or determination by the Copyright Royalty Judges''; and
(12) In section 5(c)(4)(B), insert ``of subparagraph (A) the
following:'' after ``by adding after the first sentence''.
(13) In the amendment made by section 5(d)(3)(A), strike
``during periods'' and insert ``during the period''.
(14) In section 5(d)(4)--
(A) strike ``and'' at the end of subparagraph (B);
(B) add ``and'' after the semicolon at the end of
subparagraph (C); and
(C) add after subparagraph (C) the following:
(D) in the last sentence, by striking ``Librarian of
Congress'' and inserting ``Copyright Royalty Judges''.
(15) In the amendment made by section 5(d)(5)(A)(i), strike
``, Copyright Royalty Judges, or a copyright arbitration royalty
panel to the extent those determinations were accepted by the
Librarian of Congress'' and insert ``or Copyright Royalty
Judges''.
(16) In the amendment made by section 5(f)(1)(B)--
(A) strike ``, a copyright arbitration royalty
panel,''; and
(B) strike ``to the extent that they were accepted
by the Librarian of Congress,''.
(17) In section 5, insert the following after subsection (g)
and redesignate succeeding subsections accordingly:

[[Page 4077]]
118 STAT. 4077

(h) Ratemaking for Satellite Carriers.--Section 119(c) of title 17,
United States Code, is amended--
(1) in paragraph (2)--
(A) in subparagraph (B), by striking ``Librarian of
Congress'' and inserting ``Copyright Royalty Judges'';
and
(B) in subparagraph (C), by striking ``Register of
Copyrights shall prescribe'' and inserting ``Copyright
Royalty Judges shall prescribe as provided in section
803(b)(6); and
(2) in paragraph (3)--
(A) in subparagraph (A)--
(i) by striking ``arbitration proceedings''
and inserting ``proceedings''; and
(ii) by striking ``arbitration proceeding''
and inserting ``proceedings'';
(B) in subparagraph (B)--
(i) by striking ``copyright arbitration
royalty panel appointed under chapter 8'' and
inserting ``Copyright Royalty Judges''; and
(ii) by striking ``panel shall base its
decision'' and inserting ``Copyright Royalty
Judges shall base their determination''; and
(C) in subparagraph (C)--
(i) in the heading, by striking ``decision of
arbitration panel or order of librarian'' and
inserting ``determination under chapter 8''; and
(ii) by striking clauses (i) and (ii) and
inserting the following:
``(i) is made by the Copyright Royalty Judges
pursuant to this paragraph and becomes final, or
``(ii) is made by the court on appeal under
section 803(d)(3),''.
(18) In the first sentence of section 6(b)(1)--
(A) strike ``date of enactment of this Act'' and
insert ``effective date provided in subsection (a)'';
and
(B) strike ``such date of enactment'' and insert
``such effective date''.
(19) Strike paragraph (2) of section 6(b) and insert the
following:
(2) Certain royalty rate proceedings.--Notwithstanding
paragraph (1), the amendments made by this Act shall not affect
proceedings to determine royalty rates pursuant to section
119(c) of title 17, United States Code, that are commenced
before January 31, 2006.

Agreed to November 17, 2004.

NOTE: Nov. 18, 2004 -  [H.Con.Res.464] CITY AWARD HONOREES--NATIONAL
CIVIC LEAGUE 2004 ALL-AMERICA CITY AWARD

Whereas the All-America City award is the oldest and most respected
community recognition program in the Nation;

Whereas for 55 years the National Civic League has encouraged and
recognized civic excellence by honoring communities of all

[[Page 4078]]
118 STAT. 4078

sizes where business, citizens, voluntary organizations, and
governments work together to address critical issues;

Whereas the All-America City Award recognizes exemplary grassroots
community-oriented problem-solving, and is given to communities that
confront challenges and achieve results cooperatively; and

Whereas more than 4000 communities have competed and more than 500
communities have been named All-America Cities: Now, therefore, be
it

Resolved by the House of Representatives (the Senate concurring),
That the Congress honors the cities of Concord, North Carolina;
Evansville, Indiana; Cottage Grove, Oregon; Spokane, Washington;
Springfield, Ohio; Montevideo, Minnesota; Pembroke Pines, Florida;
Stockton, California; Philippi, West Virginia; and Hidalgo, Texas, on
receiving the National Civic League 2004 All-America City Award.

Agreed to November 18, 2004.

NOTE: Nov. 19, 2004 -  [H.Con.Res.524] ENROLLMENT CORRECTIONS--H.R.
1350

Resolved by the House of Representatives (the Senate concurring),
That, in the enrollment of the bill (H.R. 1350) to reauthorize the
Individuals with Disabilities Education Act, and for other purposes, the
Clerk of the House of Representatives shall make the following
corrections:
(1) Modify section 674(c)(1)(D) of the Individuals with
Disabilities Education Act, as amended by section 101 of the
Individuals with Disabilities Education Improvement Act of 2004,
by striking ``and secondary schools'' and inserting ``,
secondary schools, postsecondary schools, and graduate
schools''.
(2) Modify section 612(a)(14) of the Individuals with
Disabilities Education Act, as amended by section 101 of the
Individuals with Disabilities Education Improvement Act of 2004,
by--
(A) redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively; and
(B) by inserting after subparagraph (B) the
following:
``(C) Qualifications for special education
teachers.--The qualifications described in subparagraph
(A) shall ensure that each person employed as a special
education teacher in the State who teaches elementary
school, middle school, or secondary school is highly
qualified by the deadline established in section
1119(a)(2) of the Elementary and Secondary Education Act
of 1965.

Agreed to November 19, 2004.


[[Page 4079]]
118 STAT. 4079

NOTE: Nov. 19, 2004 -  [S.Con.Res.8] NATIONAL VISTING NURSE
ASSOCIATION WEEK--SUPPORT

Whereas visiting nurse associations (``VNAs'') are nonprofit home health
agencies that, for more than 120 years, have been united in their
mission to provide cost-effective and compassionate home and
community-based health care to individuals, regardless of the
individuals' condition or ability to pay for services;
Whereas there are approximately 500 visiting nurse associations, which
employ more than 90,000 clinicians, provide health care to more than
4,000,000 people each year, and provide a critical safety net in
communities by developing a network of community support services
that enable individuals to live independently at home;
Whereas visiting nurse associations have historically served as primary
public health care providers in their communities, and are today one
of the largest providers of mass immunizations in the medicare
program (delivering more than 2,500,000 influenza immunizations
annually);
Whereas visiting nurse associations are often the home health providers
of last resort, serving the most chronic of conditions (such as
congestive heart failure, chronic obstructive pulmonary disease,
AIDS, and quadriplegia) and individuals with the least ability to
pay for services (more than 50 percent of all medicaid home health
admissions are by visiting nurse associations);
Whereas any visiting nurse association budget surplus is reinvested in
supporting the association's mission through services, including
charity care, adult day care centers, wellness clinics, Meals-on-
Wheels, and immunization programs;
Whereas visiting nurse associations and other nonprofit home health
agencies care for the highest percentage of terminally ill and
bedridden patients;
Whereas thousands of visiting nurse association volunteers across the
Nation devote time serving as individual agency board members,
raising funds, visiting patients in their homes, assisting in
wellness clinics, and delivering meals to patients;
Whereas the establishment of a National Visiting Nurse Association Week
would increase public awareness of the charity-based missions of
visiting nurse associations and of their ability to meet the needs
of chronically ill and disabled individuals who prefer to live at
home rather than in a nursing home, and would spotlight preventive
health clinics, adult day care programs, and other customized
wellness programs that meet local community needs; and
Whereas the second week of May 2005 is an appropriate week to establish
as National Visiting Nurse Association Week: Now, therefore, be it
Resolved by the Senate (the House of Representatives concurring),
That it is the sense of Congress that there should be established a
National Visiting Nurse Association Week.

Agreed to November 19, 2004.


[[Page 4080]]
118 STAT. 4080

NOTE: Nov. 19, 2004 -  [S.Con.Res.146] ENROLLMENT CORRECTIONS--S.
150

Resolved by the Senate (the House of Representatives concurring),
That, in the enrollment of the bill (S. 150) to extend the moratorium on
taxes on Internet access and multiple and discriminatory taxes on
electronic commerce imposed by the Internet Tax Freedom Act, the
Secretary of the Senate shall make the following corrections:
(1) Amend subsection (a) of section 1104 of the Internet Tax
Freedom Act (47 U.S.C. 151 note), as added by section 3 of the
bill, to read as follows:
``(a) Pre-October 1998 Taxes.--
``(1) In general.--Section 1101(a) does not apply to a tax
on Internet access that was generally imposed and actually
enforced prior to October 1, 1998, if, before that date--
``(A) the tax was authorized by statute; and
``(B) either--
``(i) a provider of Internet access services had
a reasonable opportunity to know, by virtue of a
rule or other public proclamation made by the
appropriate administrative agency of the State or
political subdivision thereof, that such agency
has interpreted and applied such tax to Internet
access services; or
``(ii) a State or political subdivision thereof
generally collected such tax on charges for
Internet access.
``(2) Termination.--
``(A) In general.--Except as provided in
subparagraph (B), this subsection shall not apply after
November 1, 2007.
``(B) State telecommunications service tax.--
``(i) Date for termination.--This subsection
shall not apply after November 1, 2006, with
respect to a State telecommunications service tax
described in clause (ii).
``(ii) Description of tax.--A State
telecommunications service tax referred to in
subclause (i) is a State tax--
``(I) enacted by State law on or
after October 1, 1991, and imposing a
tax on telecommunications service; and
``(II) applied to Internet access
through administrative code or
regulation issued on or after December
1, 2002.''.
(2) Insert after section 6 of the bill the following:

SEC. 6A. EXCEPTION FOR TEXAS MUNICIPAL ACCESS LINE FEE.

The Internet Tax Freedom Act (47 U.S.C. 151 note), as amended by
section 6, is amended by adding at the end the following:

``SEC. 1109. EXCEPTION FOR TEXAS MUNICIPAL ACCESS LINE FEE.

``Nothing in this Act shall prohibit Texas or a political
subdivision thereof from imposing or collecting the Texas municipal
access line fee pursuant to Texas Local Govt. Code Ann. ch. 283 (Vernon
2005) and the definition of access line as determined by the Public
Utility Commission of Texas in its `Order Adopting Amendments to Section
26.465 As Approved At The February 13, 2003 Public Hearing', issued
March 5, 2003, in Project No. 26412.''.

Agreed to November 19, 2004.


[[Page 4081]]
118 STAT. 4081

NOTE: Nov. 24, 2004 -  [H.Con.Res.529] ADJOURNMENT--HOUSE OF
REPRESENTATIVES AND SENATE

Resolved by the House of Representatives (the Senate concurring),
That when the House adjourns on Wednesday, November 24, 2004, or on
Saturday, November 27, 2004, on a motion offered pursuant to this
concurrent resolution by its Majority Leader or his designee, it stand
adjourned until 2:00 p.m. on Monday, December 6, 2004, or until the time
of any reassembly pursuant to section 2 of this concurrent resolution,
whichever occurs first; and when the Senate recesses or adjourns from
Saturday, November 20, 2004, through Saturday, November 27, 2004, on a
motion offered pursuant to this concurrent resolution by its Majority
Leader or his designee, it stand recessed or adjourned until noon on
Monday, December 6, 2004, or Tuesday, December 7, 2004, or until such
other time as may be specified by the Majority Leader or his designee in
the motion to recess or adjourn, or until the time of reassembly
pursuant to section 2 of this concurrent resolution, whichever occurs
first.

Agreed to November 24, 2004.

NOTE: Dec. 6, 2004 -  [H.Con.Res.528] ENROLLMENT CORRECTIONS--H.R.
4818

Resolved by the House of Representatives (the Senate concurring),
That in the enrollment of the bill (H.R. 4818) making appropriations for
foreign operations, export financing, and related programs for the
fiscal year ending September 30, 2005, and for other purposes, the Clerk
of the House of Representatives shall make the following corrections--
(1) in division H, strike section 643 and insert:
``Sec. 643. Section 653(j) of title 42, United States Code, is
amended by adding at the end the following new paragraph:
`(7) Information comparisons and disclosure to assist in
federal debt collection.--
`(A) Furnishing of information by the secretary of
the treasury.--The Secretary of the Treasury shall
furnish to the Secretary, on such periodic basis as
determined by the Secretary of the Treasury in
consultation with the Secretary, information in the
custody of the Secretary of the Treasury for comparison
with information in the National Directory of New Hires,
in order to obtain information in such Directory with
respect to persons--
`(i) who owe delinquent nontax debt to the
United States; and
`(ii) whose debt has been referred to the
Secretary of the Treasury in accordance with 31
U.S.C. 3711(g).
`(B) Requirement to seek minimum information.--The
Secretary of the Treasury shall seek information
pursuant to this section only to the extent necessary to
improve collection of the debt described in subparagraph
(A).
`(C) Duties of the secretary.--
`(i) Information disclosure.--The Secretary,
in cooperation with the Secretary of the Treasury,
shall

[[Page 4082]]
118 STAT. 4082

compare information in the National Directory of
New Hires with information provided by the
Secretary of the Treasury with respect to persons
described in subparagraph (A) and shall disclose
information in such Directory regarding such
persons to the Secretary of the Treasury in
accordance with this paragraph, for the purposes
specified in this paragraph. Such comparison of
information shall not be considered a matching
program as defined in 5 U.S.C. 552a.
`(ii) Condition on disclosure.--The Secretary
shall make disclosures in accordance with clause
(i) only to the extent that the Secretary
determines that such disclosures do not interfere
with the effective operation of the program under
this part. Support collection under section 466(b)
of this title shall be given priority over
collection of any delinquent Federal nontax debt
against the same income.
`(D) Use of information by the secretary of the
treasury.--The Secretary of the Treasury may use
information provided under this paragraph only for
purposes of collecting the debt described in
subparagraph (A).
`(E) Disclosure of information by the secretary of
the treasury.--
`(i) Purpose of disclosure.--The Secretary of
the Treasury may make a disclosure under this
subparagraph only for purposes of collecting the
debt described in subparagraph (A).
`(ii) Disclosures permitted.--Subject to
clauses (iii) and (iv), the Secretary of the
Treasury may disclose information resulting from a
data match pursuant to this paragraph only to the
Attorney General in connection with collecting the
debt described in subparagraph (A).
`(iii) Conditions on disclosure.--Disclosures
under this subparagraph shall be--
`(I) made in accordance with data
security and control policies
established by the Secretary of the
Treasury and approved by the Secretary;
`(II) subject to audit in a manner
satisfactory to the Secretary; and
`(III) subject to the sanctions
under subsection (l)(2).
`(iv) Additional disclosures.--
`(I) Determination by secretaries.--
The Secretary of the Treasury and the
Secretary shall determine whether to
permit disclosure of information under
this paragraph to persons or entities
described in subclause (II), based on an
evaluation made by the Secretary of the
Treasury (in consultation with and
approved by the Secretary), of the costs
and benefits of such disclosures and the
adequacy of measures used to safeguard
the security and confidentiality of
information so disclosed.
`(II) Permitted persons or
entities.--If the Secretary of the
Treasury and the Secretary determine
pursuant to subclause (I) that
disclosures to additional persons or
entities shall be permitted,

[[Page 4083]]
118 STAT. 4083

information under this paragraph may be
disclosed by the Secretary of the
Treasury, in connection with collecting
the debt described in subparagraph (A),
to a contractor or agent of either
Secretary and to the Federal agency that
referred such debt to the Secretary of
the Treasury for collection, subject to
the conditions in clause (iii) and such
additional conditions as agreed to by
the Secretaries.
`(v) Restrictions on redisclosure.--A person
or entity to which information is disclosed under
this subparagraph may use or disclose such
information only as needed for collecting the debt
described in subparagraph (A), subject to the
conditions in clause (iii) and such additional
conditions as agreed to by the Secretaries.
`(F) Reimbursement of hhs costs.--The Secretary of
the Treasury shall reimburse the Secretary, in
accordance with subsection (k)(3), for the costs
incurred by the Secretary in furnishing the information
requested under this paragraph. Any such costs paid by
the Secretary of the Treasury shall be considered costs
of implementing 31 U.S.C. 3711(g) in accordance with 31
U.S.C. 3711(g)(6) and may be paid from the account
established pursuant to 31 U.S.C. 3711(g)(7).'.'';
(2) in section 122 of title I of division J, strike ``0.83''
and insert ``0.80''; and
(3) strike section 222 of title II of division H.

Agreed to December 6, 2004.

NOTE: Dec. 9, 2004 -  [H.Con.Res.531] ADJOURNMENT--HOUSE OF
REPRESENTATIVES AND SENATE

Resolved by the House of Representatives (the Senate concurring),
That when the House adjourns on any legislative day from Tuesday,
December 7, 2004, through Friday, December 10, 2004, on a motion offered
pursuant to this concurrent resolution by its Majority Leader or his
designee, it stand adjourned sine die, or until the time of any
reassembly pursuant to section 2 of this concurrent resolution; and that
when the Senate adjourns on any day from Tuesday, December 7, 2004,
through Saturday, December 11, 2004, on a motion offered pursuant to
this concurrent resolution by its Majority Leader or his designee, it
stand adjourned sine die, or until the time of any reassembly pursuant
to section 2 of this concurrent resolution.
Sec. 2. The Speaker of the House and the Majority Leader of the
Senate, or their respective designees, acting jointly after consultation
with the Minority Leader of the House and the Minority Leader of the
Senate, shall notify the Members of the House and the Senate,
respectively, to reassemble at such place and time as they may designate
whenever, in their opinion, the public interest shall warrant it.

Agreed to December 9, 2004.





[[Page 4084]]