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[ { "text": "1. Short title \nThis Act may be cited as the 50 Caliber Sniper Rifle Reduction Act.", "id": "H2D8B151EEFDC43AE98C7F7BFCED38427", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nThe Congress finds that— (1) certain firearms originally designed and built for use as long-range 50 caliber military sniper weapons are increasingly sold in the domestic civilian market, and there are fewer legal restrictions on their possession or transfer than there are on handguns; (2) the intended use of these long-range firearms, and an increasing number of models derived directly from them, is the taking of human life and the destruction of materiel, including armored vehicles and such components of the national critical infrastructure as radars and microwave transmission devices, in addition 50 caliber sniper weapons pose a significant threat to civil aviation in that they are capable of destroying or disabling jet aircraft; (3) these firearms are neither designed nor used in any significant number for legitimate sporting or hunting purposes and are clearly distinguishable from rifles intended for sporting and hunting use; (4) extraordinarily destructive ammunition for these weapons, including armor-piercing and armor-piercing incendiary ammunition, is freely sold in interstate commerce; and (5) the virtually unrestricted availability of these firearms and ammunition, given the uses intended in their design and manufacture, present a serious and substantial threat to the national security.", "id": "H85555F97172D42D3BF4152CCFF80A7E3", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Coverage of 50 caliber sniper weapons under the National Firearms Act \n(a) In general \nSubsection (a) of section 5845 of the Internal Revenue Code of 1986 (defining firearm) is amended by striking (6) a machine gun; (7) any silencer (as defined in section 921 of title 18, United States Code); and (8) a destructive device. and inserting (6) a 50 caliber sniper weapon; (7) a machine gun; (8) any silencer (as defined in section 921 of title 18, United States Code); and (9) a destructive device. (b) 50 caliber sniper weapon \n(1) In general \nSection 5845 of such Code is amended by redesignating subsections (d) through (m) as subsections (e) through (n), respectively, and by inserting after subsection (c) the following new subsection: (d) 50 caliber sniper weapon \nThe term 50 caliber sniper weapon means a rifle capable of firing a center-fire cartridge in 50 caliber,.50 BMG caliber, any other variant of 50 caliber, or any metric equivalent of such calibers.. (2) Modification to definition of rifle \nSubsection (c) of section 5845 of such Code is amended by inserting or from a bipod or other support after shoulder. (c) Conforming amendment \nSection 5811(a) of such Code is amended by striking 5845(e) and inserting 5845(f). (d) Effective date \nThe amendments made by this section shall take effect on the date of the enactment of this Act.", "id": "H65BCFF27D0394C238DF535AB62E38883", "header": "Coverage of 50 caliber sniper weapons under the National Firearms Act", "nested": [ { "text": "(a) In general \nSubsection (a) of section 5845 of the Internal Revenue Code of 1986 (defining firearm) is amended by striking (6) a machine gun; (7) any silencer (as defined in section 921 of title 18, United States Code); and (8) a destructive device. and inserting (6) a 50 caliber sniper weapon; (7) a machine gun; (8) any silencer (as defined in section 921 of title 18, United States Code); and (9) a destructive device.", "id": "HF1FA7AD92097429980AFEC133D00FB30", "header": "In general", "nested": [], "links": [ { "text": "section 5845", "legal-doc": "usc", "parsable-cite": "usc/26/5845" }, { "text": "section 921", "legal-doc": "usc", "parsable-cite": "usc/18/921" }, { "text": "section 921", "legal-doc": "usc", "parsable-cite": "usc/18/921" } ] }, { "text": "(b) 50 caliber sniper weapon \n(1) In general \nSection 5845 of such Code is amended by redesignating subsections (d) through (m) as subsections (e) through (n), respectively, and by inserting after subsection (c) the following new subsection: (d) 50 caliber sniper weapon \nThe term 50 caliber sniper weapon means a rifle capable of firing a center-fire cartridge in 50 caliber,.50 BMG caliber, any other variant of 50 caliber, or any metric equivalent of such calibers.. (2) Modification to definition of rifle \nSubsection (c) of section 5845 of such Code is amended by inserting or from a bipod or other support after shoulder.", "id": "HDE3B18C1316E4953946DAAE9BB2B65A5", "header": "50 caliber sniper weapon", "nested": [], "links": [] }, { "text": "(c) Conforming amendment \nSection 5811(a) of such Code is amended by striking 5845(e) and inserting 5845(f).", "id": "H7719BF4BC45B440093E300C6854108BF", "header": "Conforming amendment", "nested": [], "links": [] }, { "text": "(d) Effective date \nThe amendments made by this section shall take effect on the date of the enactment of this Act.", "id": "H177A2F9D310A40FAAAC1AE99A09006D", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "section 5845", "legal-doc": "usc", "parsable-cite": "usc/26/5845" }, { "text": "section 921", "legal-doc": "usc", "parsable-cite": "usc/18/921" }, { "text": "section 921", "legal-doc": "usc", "parsable-cite": "usc/18/921" } ] }, { "text": "4. Coverage of 50 caliber sniper weapons under the gun control Act of 1968 \n(a) In general \nSection 922 of title 18, United States Code, is amended by adding at the end the following: (z) (1) It shall be unlawful for any person to transfer or possess a 50 caliber sniper weapon. (2) (A) The prohibitions of paragraph (1) shall not apply with respect to a transfer to or by, or possession by or under the authority of, the United States or any department or agency thereof or a State, or a department, agency, or political subdivision thereof. (B) The possession prohibition of paragraph (1) shall not apply with respect to the otherwise lawful possession of a 50 caliber sniper weapon that was lawfully possessed before the date this subsection takes effect.. (b) 50 caliber sniper weapon defined \nSection 921(a) of such title is amended by adding at the end the following: (35) The term 50 caliber sniper weapon has the meaning given such term in section 5845(d) of the National Firearms Act ( 26 U.S.C. 5845(d) ).. (c) Penalties \nSection 924(a)(2) of such title is amended by striking or ( o ) and inserting ( o ), or (z).", "id": "H2C9E1D5D03ED4D23BD6909A6D44876EC", "header": "Coverage of 50 caliber sniper weapons under the gun control Act of 1968", "nested": [ { "text": "(a) In general \nSection 922 of title 18, United States Code, is amended by adding at the end the following: (z) (1) It shall be unlawful for any person to transfer or possess a 50 caliber sniper weapon. (2) (A) The prohibitions of paragraph (1) shall not apply with respect to a transfer to or by, or possession by or under the authority of, the United States or any department or agency thereof or a State, or a department, agency, or political subdivision thereof. (B) The possession prohibition of paragraph (1) shall not apply with respect to the otherwise lawful possession of a 50 caliber sniper weapon that was lawfully possessed before the date this subsection takes effect..", "id": "H0365596249F84B238D9846F7F0971FCE", "header": "In general", "nested": [], "links": [ { "text": "Section 922", "legal-doc": "usc", "parsable-cite": "usc/18/922" } ] }, { "text": "(b) 50 caliber sniper weapon defined \nSection 921(a) of such title is amended by adding at the end the following: (35) The term 50 caliber sniper weapon has the meaning given such term in section 5845(d) of the National Firearms Act ( 26 U.S.C. 5845(d) )..", "id": "H3DCB8483E44440C89E8CAF7722154E37", "header": "50 caliber sniper weapon defined", "nested": [], "links": [ { "text": "26 U.S.C. 5845(d)", "legal-doc": "usc", "parsable-cite": "usc/26/5845" } ] }, { "text": "(c) Penalties \nSection 924(a)(2) of such title is amended by striking or ( o ) and inserting ( o ), or (z).", "id": "HB973AB2CB9144F41A2D500D8C090E9CC", "header": "Penalties", "nested": [], "links": [] } ], "links": [ { "text": "Section 922", "legal-doc": "usc", "parsable-cite": "usc/18/922" }, { "text": "26 U.S.C. 5845(d)", "legal-doc": "usc", "parsable-cite": "usc/26/5845" } ] } ]

[ "Judiciary Committee", "Ways and Means Committee" ]

[ { "text": "1. Suspension of duty on Acid yellow 235 \n(a) In General \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.32.06 Acid yellow 235 (CAS Nos. 73018-84-5, 71562-83-9, 125408-78-8, 125352-02-5, and 125352-03-6) (provided for in subheading 3204.12.45) Free No Change No Change On or before 12/31/2007 (b) Effective Date \nThe amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "HD1867905DD004757BADCB255CB1223C2", "header": "Suspension of duty on Acid yellow 235", "nested": [ { "text": "(a) In General \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.32.06 Acid yellow 235 (CAS Nos. 73018-84-5, 71562-83-9, 125408-78-8, 125352-02-5, and 125352-03-6) (provided for in subheading 3204.12.45) Free No Change No Change On or before 12/31/2007", "id": "HEFFE2D3D214D487600DBAE804FF311E2", "header": "In General", "nested": [], "links": [] }, { "text": "(b) Effective Date \nThe amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "H8AFBBA11BB2A4C9495677E413C2980F3", "header": "Effective Date", "nested": [], "links": [] } ], "links": [] } ]

[ "Ways and Means Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Telephone Tax Relief for Seniors Act.", "id": "H5C82F221300444D38BB68C77017C6EE3", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Communications excise tax \n(a) Exemption \nSection 4253 of the Internal Revenue Code of 1986 is amended by redesignating subsection (k) as subsection (l) and inserting after subsection (j) the following new subsection: (k) Exemption for low-income senior citizens \nNo tax shall be imposed under section 4251 on any amount paid by a low-income senior citizen for services furnished to such individual. For purposes of this subsection, the term low-income senior citizen means an individual who is certified as such by the Federal Communications Commission.. (b) Conforming amendment \nSection 4253(l) of the Internal Revenue Code of 1986, as redesignated by subsection (a), is amended by striking or (j) and inserting (j), or (k). (c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after the date of enactment of this Act.", "id": "HB4AC57E008EA46978FA0ED487B8784BF", "header": "Communications excise tax", "nested": [ { "text": "(a) Exemption \nSection 4253 of the Internal Revenue Code of 1986 is amended by redesignating subsection (k) as subsection (l) and inserting after subsection (j) the following new subsection: (k) Exemption for low-income senior citizens \nNo tax shall be imposed under section 4251 on any amount paid by a low-income senior citizen for services furnished to such individual. For purposes of this subsection, the term low-income senior citizen means an individual who is certified as such by the Federal Communications Commission..", "id": "H8CB62F9DD81F483BAFF2FD319B536100", "header": "Exemption", "nested": [], "links": [ { "text": "Section 4253", "legal-doc": "usc", "parsable-cite": "usc/26/4253" } ] }, { "text": "(b) Conforming amendment \nSection 4253(l) of the Internal Revenue Code of 1986, as redesignated by subsection (a), is amended by striking or (j) and inserting (j), or (k).", "id": "H25FCCC537B104E58AC5C8BB0A0859D2F", "header": "Conforming amendment", "nested": [], "links": [ { "text": "Section 4253(l)", "legal-doc": "usc", "parsable-cite": "usc/26/4253" } ] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after the date of enactment of this Act.", "id": "H01B36660729A4272A36C2F69192F26DD", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Section 4253", "legal-doc": "usc", "parsable-cite": "usc/26/4253" }, { "text": "Section 4253(l)", "legal-doc": "usc", "parsable-cite": "usc/26/4253" } ] }, { "text": "3. Telephone service fees and charges \n(a) Exemption for low-income senior citizens \nA telecommunications carrier shall not require a subscriber of the carrier’s telephone exchange service or telephone toll service who is certified by the Federal Communications Commission as a low-income senior citizen to pay— (1) a fee or other charge collected for the purpose of contributing to the preservation or advancement of universal service pursuant to section 254 of the Communications Act of 1934 ( 47 U.S.C. 254 ); (2) a subscriber line charge or any other per line fee or charge collected for the purpose of recovering some of the costs to the local exchange carrier of connecting the telephone exchange network to telephone toll service; or (3) a local number portability charge. The fees and other charges described in this subsection shall not include fees or charges imposed by State or local governments. (b) Implementation \nThe Federal Communications Commission shall implement subsection (a) by amending its regulations not later than 180 days after the date of enactment of this Act. (c) Definitions \nFor purposes of this Act— (1) the term low-income senior citizen means an individual age 65 or older who has an income which does not exceed 200 percent of the poverty level, as determined in accordance with criteria established by the Director of the Office of Management and Budget; and (2) the terms local exchange carrier , telecommunications carrier , telephone exchange service , and telephone toll service have the meanings given to those terms in section 153 of the Communications Act of 1934 ( 47 U.S.C. 153 ).", "id": "H9428767ADCEF480B9FEC466B6D439CB8", "header": "Telephone service fees and charges", "nested": [ { "text": "(a) Exemption for low-income senior citizens \nA telecommunications carrier shall not require a subscriber of the carrier’s telephone exchange service or telephone toll service who is certified by the Federal Communications Commission as a low-income senior citizen to pay— (1) a fee or other charge collected for the purpose of contributing to the preservation or advancement of universal service pursuant to section 254 of the Communications Act of 1934 ( 47 U.S.C. 254 ); (2) a subscriber line charge or any other per line fee or charge collected for the purpose of recovering some of the costs to the local exchange carrier of connecting the telephone exchange network to telephone toll service; or (3) a local number portability charge. The fees and other charges described in this subsection shall not include fees or charges imposed by State or local governments.", "id": "HCE12620748E34FA095DBD806E1967D8", "header": "Exemption for low-income senior citizens", "nested": [], "links": [ { "text": "47 U.S.C. 254", "legal-doc": "usc", "parsable-cite": "usc/47/254" } ] }, { "text": "(b) Implementation \nThe Federal Communications Commission shall implement subsection (a) by amending its regulations not later than 180 days after the date of enactment of this Act.", "id": "HF414D5C0844B42D5BB97173C8E609389", "header": "Implementation", "nested": [], "links": [] }, { "text": "(c) Definitions \nFor purposes of this Act— (1) the term low-income senior citizen means an individual age 65 or older who has an income which does not exceed 200 percent of the poverty level, as determined in accordance with criteria established by the Director of the Office of Management and Budget; and (2) the terms local exchange carrier , telecommunications carrier , telephone exchange service , and telephone toll service have the meanings given to those terms in section 153 of the Communications Act of 1934 ( 47 U.S.C. 153 ).", "id": "H0B1C6A2C137F42DBB1481F8595C06671", "header": "Definitions", "nested": [], "links": [ { "text": "47 U.S.C. 153", "legal-doc": "usc", "parsable-cite": "usc/47/153" } ] } ], "links": [ { "text": "47 U.S.C. 254", "legal-doc": "usc", "parsable-cite": "usc/47/254" }, { "text": "47 U.S.C. 153", "legal-doc": "usc", "parsable-cite": "usc/47/153" } ] }, { "text": "4. Authorization of appropriations \nThere are authorized to be appropriated to the Federal Communications Commission $20,000,000 for the purpose of educating low-income senior citizens about the benefits to which they are entitled pursuant to this Act.", "id": "H15C8CED1D07143A4A7862C8480DE7692", "header": "Authorization of appropriations", "nested": [], "links": [] } ]

[ "Energy and Commerce Committee", "Ways and Means Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the National Park Anniversaries—Great American Spaces Commemorative Coin Act.", "id": "H660C91CF103846B0A209EDCB2E4B1623", "header": "Short title", "nested": [], "links": [] }, { "text": "2. FINDINGS \nThe Congress finds the following: (1) The National Park Foundation (NPF) is the congressionally-chartered nonprofit partner of America's National Parks. (2) The mission of the National Park Foundation is to strengthen the enduring connection between the American people and their National Parks by raising private funds, making strategic grants, creating innovative partnerships and increasing public awareness of National Parks. (3) The Parks represented in this program represent some of the most beloved, and treasured National Parks in America. (4) The National Park Service was established in 1916 to preserve and protect great scenic parks such as Grand Canyon and Yosemite is a time honored tradition while also managing battlefields such as Gettysburg and historical sites such as the Lincoln Memorial. (5) Theodore Roosevelt said that nothing short of defending this country in wartime compares in importance with the great task of leaving this land even a better land for our descendents than it is for us …. (6) Parks established under Theodore Roosevelt’s presidency, such as Grand Canyon and Devils Tower, are the embodiment of this ideal.", "id": "H94138FF0F3334C1188315EBF9E2F0074", "header": "FINDINGS", "nested": [], "links": [] }, { "text": "3. Coin specifications \n(a) $1 silver coins for national parks observing historic anniversaries of their founding \nThe Secretary of the Treasury (hereinafter in this Act referred to as the Secretary ) shall mint and issue not more than 300,000 $1 coins for each of the National Parks specified in section 4(d), each of which shall— (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal tender \nThe coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic items \nFor purposes of section 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items.", "id": "H72C271632DBE4CF582945BCA8BF33F66", "header": "Coin specifications", "nested": [ { "text": "(a) $1 silver coins for national parks observing historic anniversaries of their founding \nThe Secretary of the Treasury (hereinafter in this Act referred to as the Secretary ) shall mint and issue not more than 300,000 $1 coins for each of the National Parks specified in section 4(d), each of which shall— (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper.", "id": "H18E94A7463B74C61884D003D5082C493", "header": "$1 silver coins for national parks observing historic anniversaries of their founding", "nested": [], "links": [] }, { "text": "(b) Legal tender \nThe coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code.", "id": "HED2B84953E1042748FDBAB82DC2CC355", "header": "Legal tender", "nested": [], "links": [ { "text": "section 5103", "legal-doc": "usc", "parsable-cite": "usc/31/5103" } ] }, { "text": "(c) Numismatic items \nFor purposes of section 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items.", "id": "H432A0B1581754504A6D88D9CFA91B3A9", "header": "Numismatic items", "nested": [], "links": [ { "text": "section 5136", "legal-doc": "usc", "parsable-cite": "usc/31/5136" } ] } ], "links": [ { "text": "section 5103", "legal-doc": "usc", "parsable-cite": "usc/31/5103" }, { "text": "section 5136", "legal-doc": "usc", "parsable-cite": "usc/31/5136" } ] }, { "text": "4. Design of coins \n(a) Design requirements \n(1) In general \nThe design of the coins minted under this Act shall be developed in consultation with the National Park Foundation and shall be emblematic of the National Park being commemorated on each coin. (2) Designation and inscriptions \nOn each coin minted under this Act there shall be— (A) a designation of the value of the coin; (B) an inscription of the year in which the coin is minted; and (C) inscriptions of the words Liberty , In God We Trust , United States of America , and E Pluribus Unum. (b) Selection \nThe design for the coins minted under this Act shall be— (1) selected by the Secretary after consultation with the Commission of Fine Arts and the National Parks Foundation; and (2) reviewed by the Citizens Advisory Committee established under section 5135 of title 31, United States Code (c) Mint facility \nOnly 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (d) National parks to be commemorated \nThe National Parks to be commemorated, the year of commemoration, and the anniversary to be observed are as follows: Year of Issuance National Park or Park Service Anniversary 2007 Devils Tower National Monument 100th 2008 Grand Canyon National Park 100th 2010 Glacier National Park 100th 2011 Lincoln Memorial 100th 2014 Yosemite National Park 150th 2015 Rocky Mountain National Park 100th 2016 National Park Service 100th 2017 Denali National Park 100th 2018 Acadia National Park 100th 2019 Zion National Park 100th 2020 Gettysburg National Military Park 125th", "id": "H2E8486B87E9F4A5D9685EA928CABF45", "header": "Design of coins", "nested": [ { "text": "(a) Design requirements \n(1) In general \nThe design of the coins minted under this Act shall be developed in consultation with the National Park Foundation and shall be emblematic of the National Park being commemorated on each coin. (2) Designation and inscriptions \nOn each coin minted under this Act there shall be— (A) a designation of the value of the coin; (B) an inscription of the year in which the coin is minted; and (C) inscriptions of the words Liberty , In God We Trust , United States of America , and E Pluribus Unum.", "id": "HB78DF8041DD14B80BE61A8B90042E030", "header": "Design requirements", "nested": [], "links": [] }, { "text": "(b) Selection \nThe design for the coins minted under this Act shall be— (1) selected by the Secretary after consultation with the Commission of Fine Arts and the National Parks Foundation; and (2) reviewed by the Citizens Advisory Committee established under section 5135 of title 31, United States Code", "id": "H548CECC5D3B344C7B0EFCE006F994B1D", "header": "Selection", "nested": [], "links": [ { "text": "section 5135", "legal-doc": "usc", "parsable-cite": "usc/31/5135" } ] }, { "text": "(c) Mint facility \nOnly 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act.", "id": "HBDC5F0BD5A1A4AC9B053FE4D90EA0359", "header": "Mint facility", "nested": [], "links": [] }, { "text": "(d) National parks to be commemorated \nThe National Parks to be commemorated, the year of commemoration, and the anniversary to be observed are as follows: Year of Issuance National Park or Park Service Anniversary 2007 Devils Tower National Monument 100th 2008 Grand Canyon National Park 100th 2010 Glacier National Park 100th 2011 Lincoln Memorial 100th 2014 Yosemite National Park 150th 2015 Rocky Mountain National Park 100th 2016 National Park Service 100th 2017 Denali National Park 100th 2018 Acadia National Park 100th 2019 Zion National Park 100th 2020 Gettysburg National Military Park 125th", "id": "HF10214F6D95F45F992FF0033C4A36CF4", "header": "National parks to be commemorated", "nested": [], "links": [] } ], "links": [ { "text": "section 5135", "legal-doc": "usc", "parsable-cite": "usc/31/5135" } ] }, { "text": "5. Issuance of coins \n(a) Quality of coins \nCoins minted under this Act shall be issued in uncirculated and proof qualities. (b) Commencement of issuance \nThe Secretary may issue coins minted under this Act beginning January 1 of the year of issuance as specified in section 4(d), except that the Secretary may initiate sales of such coins, without issuance, before such date. (c) Termination of minting authority \nNo coins shall be minted under this Act after December 31 of the year of issuance specified in section 4(d).", "id": "HB3853B1A9C544BCC8701C7304517A940", "header": "Issuance of coins", "nested": [ { "text": "(a) Quality of coins \nCoins minted under this Act shall be issued in uncirculated and proof qualities.", "id": "HD037BC002DF748FB8295B730B89268D0", "header": "Quality of coins", "nested": [], "links": [] }, { "text": "(b) Commencement of issuance \nThe Secretary may issue coins minted under this Act beginning January 1 of the year of issuance as specified in section 4(d), except that the Secretary may initiate sales of such coins, without issuance, before such date.", "id": "H5652096F1F9541D8A90000D5A3C6CB73", "header": "Commencement of issuance", "nested": [], "links": [] }, { "text": "(c) Termination of minting authority \nNo coins shall be minted under this Act after December 31 of the year of issuance specified in section 4(d).", "id": "HA45E196656CD4A8393EF3C9D154D813F", "header": "Termination of minting authority", "nested": [], "links": [] } ], "links": [] }, { "text": "6. Sale of coins \n(a) Sale price \nNotwithstanding any other provision of law, the coins issued under this Act shall be sold by the Secretary at a price equal to the face value, plus the cost of designing and issuing such coins (including labor, materials, dies, use of machinery, overhead expenses, and marketing). (b) Bulk sales \nThe Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid orders at a discount \n(1) In general \nThe Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount \nSale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Sales of single coins and sets of coins \nCoins of each design specified under section 4 may be sold separately or as a set containing other coins authorized in this Act.", "id": "H6C26D7A209D44C3800DD00BE4D29782F", "header": "Sale of coins", "nested": [ { "text": "(a) Sale price \nNotwithstanding any other provision of law, the coins issued under this Act shall be sold by the Secretary at a price equal to the face value, plus the cost of designing and issuing such coins (including labor, materials, dies, use of machinery, overhead expenses, and marketing).", "id": "HB050FEA1CE1B4D3BBD23C1C337004FEB", "header": "Sale price", "nested": [], "links": [] }, { "text": "(b) Bulk sales \nThe Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount.", "id": "H7F36729CEA3047F2B3D210EEAF41E66D", "header": "Bulk sales", "nested": [], "links": [] }, { "text": "(c) Prepaid orders at a discount \n(1) In general \nThe Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount \nSale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount.", "id": "H27789F511B3A41579CFBAF26715C85CA", "header": "Prepaid orders at a discount", "nested": [], "links": [] }, { "text": "(d) Sales of single coins and sets of coins \nCoins of each design specified under section 4 may be sold separately or as a set containing other coins authorized in this Act.", "id": "HA1309AD9E9744FACBCFCDDEC5DA72765", "header": "Sales of single coins and sets of coins", "nested": [], "links": [] } ], "links": [] }, { "text": "7. Surcharges \n(a) Surcharge required \nAll sales shall include a surcharge of $10 per coin. (b) Distribution \nSubject to section 5134(f) of title 31, United States Code, all surcharges which are received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the National Park Foundation for use as follows: (1) 50 percent of the surcharges received shall be used by the National Park Foundation in support of all National Parks. (2) 50 percent received shall be used by the National Park Foundation for the benefit of the National Parks designated in section 4(d) (in addition to any amount allocable to any such Park from expenditures of amounts under paragraph (1)). (c) Audits \nThe National Park Foundation shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code.", "id": "H8DD285C236DD4FB689B22498DB2BD9A3", "header": "Surcharges", "nested": [ { "text": "(a) Surcharge required \nAll sales shall include a surcharge of $10 per coin.", "id": "H2EC3928174B54D4D8E52C3EE733EC6D", "header": "Surcharge required", "nested": [], "links": [] }, { "text": "(b) Distribution \nSubject to section 5134(f) of title 31, United States Code, all surcharges which are received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the National Park Foundation for use as follows: (1) 50 percent of the surcharges received shall be used by the National Park Foundation in support of all National Parks. (2) 50 percent received shall be used by the National Park Foundation for the benefit of the National Parks designated in section 4(d) (in addition to any amount allocable to any such Park from expenditures of amounts under paragraph (1)).", "id": "HD4921BD779404A69BE89DE652547CBB9", "header": "Distribution", "nested": [], "links": [ { "text": "section 5134(f)", "legal-doc": "usc", "parsable-cite": "usc/31/5134" } ] }, { "text": "(c) Audits \nThe National Park Foundation shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code.", "id": "H9CA3701495C448F5BCBC40F98E9DC967", "header": "Audits", "nested": [], "links": [ { "text": "section 5134(f)(2)", "legal-doc": "usc", "parsable-cite": "usc/31/5134" } ] } ], "links": [ { "text": "section 5134(f)", "legal-doc": "usc", "parsable-cite": "usc/31/5134" }, { "text": "section 5134(f)(2)", "legal-doc": "usc", "parsable-cite": "usc/31/5134" } ] } ]

[ "Financial Services Committee" ]

[ { "text": "1. Department of Veterans Affairs Community-Based Outpatient Clinic, Navy Supply Corps School, Athens, Georgia \n(a) Project authorization \nThe Secretary of Veterans Affairs is authorized— (1) to work with the Secretary of the Navy in developing on the grounds of the Navy Supply Corps School in Athens, Georgia, a site suitable for a medical facility; and (2) to construct on that site a joint Navy-Department of Veterans Affairs Community-Based Outpatient Clinic, as called for in the Capital Asset Realignment for Enhanced Services (CARES) strategic plan approved by the Secretary of Veterans Affairs. (b) Funding \nThere are authorized to be appropriated such sums as may be necessary for the purposes of subsection (a). (c) Definition \nFor purposes of this section: (1) The term medical facility has the meaning given that term in section 8101(3) of title 38, United States Code. (2) The term Community-Based Outpatient Clinic has the meaning given that term in the Department of Veterans Affairs’ Capital Asset Realignment for Enhanced Services (CARES) strategic plan.", "id": "HB8802AEE3F5C4395A000E916C382177B", "header": "Department of Veterans Affairs Community-Based Outpatient Clinic, Navy Supply Corps School, Athens, Georgia", "nested": [ { "text": "(a) Project authorization \nThe Secretary of Veterans Affairs is authorized— (1) to work with the Secretary of the Navy in developing on the grounds of the Navy Supply Corps School in Athens, Georgia, a site suitable for a medical facility; and (2) to construct on that site a joint Navy-Department of Veterans Affairs Community-Based Outpatient Clinic, as called for in the Capital Asset Realignment for Enhanced Services (CARES) strategic plan approved by the Secretary of Veterans Affairs.", "id": "HB15F2533F3A34F729691A735DD139526", "header": "Project authorization", "nested": [], "links": [] }, { "text": "(b) Funding \nThere are authorized to be appropriated such sums as may be necessary for the purposes of subsection (a).", "id": "H777078B60E6D46DABB54BEF97B8FB389", "header": "Funding", "nested": [], "links": [] }, { "text": "(c) Definition \nFor purposes of this section: (1) The term medical facility has the meaning given that term in section 8101(3) of title 38, United States Code. (2) The term Community-Based Outpatient Clinic has the meaning given that term in the Department of Veterans Affairs’ Capital Asset Realignment for Enhanced Services (CARES) strategic plan.", "id": "H1C3A2DA4DFB54E018500B682CAA475D8", "header": "Definition", "nested": [], "links": [ { "text": "section 8101(3)", "legal-doc": "usc", "parsable-cite": "usc/38/8101" } ] } ], "links": [ { "text": "section 8101(3)", "legal-doc": "usc", "parsable-cite": "usc/38/8101" } ] } ]

[ "Veterans' Affairs Committee" ]

[ { "text": "1. Binding Arbitration for Salt River Pima-Maricopa Indian Reservation Contracts \n(a) In General \nSection 2(c) of the Act of November 2, 1966 ( 25 U.S.C. 416a(c) ), is amended— (1) in the first sentence— (A) by striking Any lease and all that follows through affecting land and inserting Any contract, including a lease, affecting land ; and (B) by striking such lease or contract and inserting such contract ; and (2) in the second sentence, by striking Such leases or contracts entered into pursuant to such Acts and inserting Such contracts. (b) Effective Date \nThe amendments made by this section shall take effect as if included in the Indian Tribal Economic Development and Contract Encouragement Act of 2000 ( Public Law 106–179 ).", "id": "HE806BD1D55B94F27A5A001D820D3CCE", "header": "Binding Arbitration for Salt River Pima-Maricopa Indian Reservation Contracts", "nested": [ { "text": "(a) In General \nSection 2(c) of the Act of November 2, 1966 ( 25 U.S.C. 416a(c) ), is amended— (1) in the first sentence— (A) by striking Any lease and all that follows through affecting land and inserting Any contract, including a lease, affecting land ; and (B) by striking such lease or contract and inserting such contract ; and (2) in the second sentence, by striking Such leases or contracts entered into pursuant to such Acts and inserting Such contracts.", "id": "H85E815DD9A5747998FC4A9F485087158", "header": "In General", "nested": [], "links": [ { "text": "25 U.S.C. 416a(c)", "legal-doc": "usc", "parsable-cite": "usc/25/416a" } ] }, { "text": "(b) Effective Date \nThe amendments made by this section shall take effect as if included in the Indian Tribal Economic Development and Contract Encouragement Act of 2000 ( Public Law 106–179 ).", "id": "HF3A6D29392314778B6B482A5A677946F", "header": "Effective Date", "nested": [], "links": [ { "text": "Public Law 106–179", "legal-doc": "public-law", "parsable-cite": "pl/106/179" } ] } ], "links": [ { "text": "25 U.S.C. 416a(c)", "legal-doc": "usc", "parsable-cite": "usc/25/416a" }, { "text": "Public Law 106–179", "legal-doc": "public-law", "parsable-cite": "pl/106/179" } ] } ]

[ "Natural Resources Committee" ]

[ { "text": "1. National Commission on Digestive Diseases \n(a) In general \nThe Secretary of Health and Human Services (in this section referred to as the Secretary ), after consultation with the Director of the National Institutes of Health, shall, within sixty days after the date of the enactment of this Act, establish a National Commission on Digestive Diseases (in this section referred to as the Commission ). (b) Duties \n(1) In general \nThe Commission shall— (A) conduct a comprehensive study of the present state of knowledge of the incidence, duration, and morbidity of, and mortality rates resulting from, digestive diseases and of the social and economic impact of such diseases; (B) evaluate the public and private facilities and resources (including trained personnel and research activities) for the diagnosis, prevention, and treatment of, and research in, such diseases; and (C) identify programs (including biological, behavioral, nutritional, environmental, and social programs) in which, and the means by which, improvement in the management of digestive diseases can be accomplished. (2) Long-range plan \nBased on the study, evaluation, and identification made pursuant to paragraph (1), the Commission shall develop and recommend a long-range plan for the use and organization of national resources to effectively deal with digestive diseases. The plan shall provide for— (A) research studies into the basic biological processes and mechanisms related to digestive diseases; (B) investigations into the epidemiology, etiology, diagnosis, treatment, prevention, and control of digestive diseases; (C) development of preventive measures (including education programs, programs for the elimination of environmental hazards related to digestive diseases, and clinical programs) to be taken against digestive diseases; (D) detection of digestive diseases in the presymptomatic stages and development and evaluation of new, and improved methods of screening for digestive diseases, taking into account recent technological changes in diagnostic imaging modalities; (E) development of criteria for the diagnosis and the clinical management and control of digestive diseases; (F) development of approaches to advance digestive diseases research by incorporating insights obtained from genomic and proteomic research; (G) development of coordinated health care systems for dealing with digestive diseases; (H) education and training (including continuing education programs) of scientists, clinicians, educators, and allied health professionals in the fields and specialties requisite to the conduct of programs related to digestive diseases with special emphasis on training for careers in research, teaching, and all aspects of patient care; (I) the conduct and subject matter of trials in clinical and translational research in digestive diseases; and (J) establishment of a system of periodic surveillance of the research potential and research needs in digestive diseases. The long-range plan formulated under this paragraph shall also include within its scope related nutritional disorders and basic biological processes and mechanisms in nutrition which are related to digestive diseases. (3) Recommendations for individual national research institutes \nThe Commission shall recommend for each of the Institutes of the National Institutes of Health whose activities are to be affected by the long-range plan estimates of the expenditures needed to carry out each Institute’s part of the overall program. Such estimates shall be prepared for the fiscal year beginning immediately after completion of the Commission’s plan and for each of the next five fiscal years. (c) Composition \n(1) In general \nThe Commission shall be composed of 16 members appointed in accordance with paragraph (2) and the ex officio members designated under paragraph (3). The appointed members shall be voting members, and the ex officio members shall be nonvoting members, except that the ex officio member designated under paragraph (3)(A) shall be a voting member. (2) Appointed members \nThe voting members of the Commission shall be appointed by the Secretary, and shall be appointed from among individuals who are not officers or employees of the Federal Government. Of such members— (A) 10 shall be appointed from among scientists, physicians, and other health professionals, of whom— (i) two shall be practicing clinical gastroenterologists; (ii) two shall be gastroenterologists involved primarily in research on digestive diseases; (iii) one shall be a surgeon; (iv) one shall be an expert in liver disease; (v) one shall be an epidemiologist; (vi) one shall be an allied health professional; and (vii) two shall be basic biomedical scientists (such as biochemists, physiologists, microbiologists, nutritionists, pharmacologists, or immunologists); and (B) six shall be appointed from among the general public, of whom at least three shall have personal or close family experience with digestive diseases. (3) Ex officio members \n(A) National Institute of Diabetes and Digestive and Kidney Diseases \nFrom among officers or employees of the National Institute of Diabetes and Digestive and Kidney Diseases whose primary interest is in the field of digestive diseases, the Secretary shall designate an individual to serve as an ex officio member of the Commission. (B) Additional members \nThe following officials (or the designees of the officials) shall serve as ex officio members of the Commission: The Director of the National Institutes of Health; the Director of the National Institute of Diabetes and Digestive and Kidney Diseases; the Director of the National Institute of Allergy and Infectious Diseases; the Director of the National Cancer Institute; the Director of the National Institute of Biomedical Imaging and Bioengineering; the Director of the National Institute of Drug Abuse; the Director of the National Institute on Alcohol Abuse and Alcoholism; the Director of the National Human Genome Research Institute; the Director for the Division of Digestive Diseases and Nutrition within the National Institute of Diabetes and Digestive Kidney Diseases; the Director of the Centers for Disease Control and Prevention; the Chief Medical Director of the Department of Veterans Affairs; and the Secretary of Defense. (d) Chair \nFrom among the appointed members of the Commission, the members of the Commission shall select an individual to serve as the Chair of the Commission. (e) Terms \nThe term of a member of the Commission is the life of the Commission. (f) Vacancies \n(1) Authority of commission \nA vacancy in the membership of the Commission does not affect the power of the remaining members to carry out the duties of the Commission. (2) Appointment of successor \nA vacancy in the membership of the Commission shall be filled in the manner in which the original appointment was made. (3) Incomplete term \nIf a member of the Commission does not serve the full term of the member, the individual appointed to fill the resulting vacancy shall be appointed for the remainder of the term of the predecessor of the individual. (g) Meetings \nThe Commission shall first meet as directed by the Secretary, not later than sixty days after the Commission is established, and thereafter shall meet at the call of the Chair of the Commission, but not less often than three times during the life of the Commission. (h) Compensation; reimbursement of expenses \n(1) Appointed members \nMembers of the Commission appointed from among individuals who are not officers or employees of the Federal Government shall receive compensation for each day (including travel time) engaged in carrying out the duties of the Commission. Such compensation may not be in an amount in excess of the daily equivalent of the annual maximum rate of basic pay payable under section 5108 of title 5, United States Code, for positions above GS–15. (2) Ex officio members \nMembers of the Commission appointed from among individuals who are officers or employees of the Federal Government may not receive compensation for service on the Commission in addition to the compensation otherwise received for duties carried out as Federal officers or employees. (3) Reimbursement \nMembers of the Commission, while serving away from their homes or regular places of business in the performance of services for the Commission, shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as such expenses are authorized by section 5703 of title 5, United States Code, for persons in Government service employed intermittently. (i) Staff \n(1) Executive director \nThe Commission may appoint and fix the pay of an executive director to effectively carry out its functions. The executive director shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and sub-chapter III of chapter 53 of such title related to classification and General Schedule pay rates. (2) Additional staff \nThe Secretary shall provide the Commission with such additional professional and clerical staff, such information, and the services of such consultants as the Secretary determines to be necessary for the Commission to carry out effectively its functions. (j) Powers \nThe Commission may hold such hearings, take such testimony, and sit and act at such time and places as the Commission deems advisable. (k) Report \nWithin 18 months following its initial meetings (as prescribed by subsection (g)), the Commission shall publish and transmit directly to the Congress a final report respecting its activities under this section. The report shall contain— (1) the long-range plan required by subsection (b)(2); (2) the expenditure estimates required by subsection (b)(3); and (3) any recommendations of the Commission for legislation that would facilitate the implementation of the long-range plan. In developing recommendations under paragraph (3), the Commission shall evaluate the effectiveness of the Interagency Coordinating Committee for Digestive Diseases and assess its ability to monitor and promote adherence to the long-range plan. The Commission may also make recommendations regarding organizational changes within the National Institutes of Health or the establishment of new entities that would facilitate implementation of the long-range plan and otherwise coordinate the Federal digestive diseases research effort. (l) Termination \nThe Commission terminates 30 days after the date on which the final report under subsection (k) is submitted to the Congress. (m) Authorization of appropriations \nFor the purpose of carrying out this section, there is authorized to be appropriated $4,000,000 in the aggregate for fiscal years 2005 and 2006.", "id": "H68255815F76444218570B6D182D6FFD7", "header": "National Commission on Digestive Diseases", "nested": [ { "text": "(a) In general \nThe Secretary of Health and Human Services (in this section referred to as the Secretary ), after consultation with the Director of the National Institutes of Health, shall, within sixty days after the date of the enactment of this Act, establish a National Commission on Digestive Diseases (in this section referred to as the Commission ).", "id": "HA694C767294949E48BD1819798817600", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Duties \n(1) In general \nThe Commission shall— (A) conduct a comprehensive study of the present state of knowledge of the incidence, duration, and morbidity of, and mortality rates resulting from, digestive diseases and of the social and economic impact of such diseases; (B) evaluate the public and private facilities and resources (including trained personnel and research activities) for the diagnosis, prevention, and treatment of, and research in, such diseases; and (C) identify programs (including biological, behavioral, nutritional, environmental, and social programs) in which, and the means by which, improvement in the management of digestive diseases can be accomplished. (2) Long-range plan \nBased on the study, evaluation, and identification made pursuant to paragraph (1), the Commission shall develop and recommend a long-range plan for the use and organization of national resources to effectively deal with digestive diseases. The plan shall provide for— (A) research studies into the basic biological processes and mechanisms related to digestive diseases; (B) investigations into the epidemiology, etiology, diagnosis, treatment, prevention, and control of digestive diseases; (C) development of preventive measures (including education programs, programs for the elimination of environmental hazards related to digestive diseases, and clinical programs) to be taken against digestive diseases; (D) detection of digestive diseases in the presymptomatic stages and development and evaluation of new, and improved methods of screening for digestive diseases, taking into account recent technological changes in diagnostic imaging modalities; (E) development of criteria for the diagnosis and the clinical management and control of digestive diseases; (F) development of approaches to advance digestive diseases research by incorporating insights obtained from genomic and proteomic research; (G) development of coordinated health care systems for dealing with digestive diseases; (H) education and training (including continuing education programs) of scientists, clinicians, educators, and allied health professionals in the fields and specialties requisite to the conduct of programs related to digestive diseases with special emphasis on training for careers in research, teaching, and all aspects of patient care; (I) the conduct and subject matter of trials in clinical and translational research in digestive diseases; and (J) establishment of a system of periodic surveillance of the research potential and research needs in digestive diseases. The long-range plan formulated under this paragraph shall also include within its scope related nutritional disorders and basic biological processes and mechanisms in nutrition which are related to digestive diseases. (3) Recommendations for individual national research institutes \nThe Commission shall recommend for each of the Institutes of the National Institutes of Health whose activities are to be affected by the long-range plan estimates of the expenditures needed to carry out each Institute’s part of the overall program. Such estimates shall be prepared for the fiscal year beginning immediately after completion of the Commission’s plan and for each of the next five fiscal years.", "id": "HBFAC82473CCB4D5CAA1200DACB0042BD", "header": "Duties", "nested": [], "links": [] }, { "text": "(c) Composition \n(1) In general \nThe Commission shall be composed of 16 members appointed in accordance with paragraph (2) and the ex officio members designated under paragraph (3). The appointed members shall be voting members, and the ex officio members shall be nonvoting members, except that the ex officio member designated under paragraph (3)(A) shall be a voting member. (2) Appointed members \nThe voting members of the Commission shall be appointed by the Secretary, and shall be appointed from among individuals who are not officers or employees of the Federal Government. Of such members— (A) 10 shall be appointed from among scientists, physicians, and other health professionals, of whom— (i) two shall be practicing clinical gastroenterologists; (ii) two shall be gastroenterologists involved primarily in research on digestive diseases; (iii) one shall be a surgeon; (iv) one shall be an expert in liver disease; (v) one shall be an epidemiologist; (vi) one shall be an allied health professional; and (vii) two shall be basic biomedical scientists (such as biochemists, physiologists, microbiologists, nutritionists, pharmacologists, or immunologists); and (B) six shall be appointed from among the general public, of whom at least three shall have personal or close family experience with digestive diseases. (3) Ex officio members \n(A) National Institute of Diabetes and Digestive and Kidney Diseases \nFrom among officers or employees of the National Institute of Diabetes and Digestive and Kidney Diseases whose primary interest is in the field of digestive diseases, the Secretary shall designate an individual to serve as an ex officio member of the Commission. (B) Additional members \nThe following officials (or the designees of the officials) shall serve as ex officio members of the Commission: The Director of the National Institutes of Health; the Director of the National Institute of Diabetes and Digestive and Kidney Diseases; the Director of the National Institute of Allergy and Infectious Diseases; the Director of the National Cancer Institute; the Director of the National Institute of Biomedical Imaging and Bioengineering; the Director of the National Institute of Drug Abuse; the Director of the National Institute on Alcohol Abuse and Alcoholism; the Director of the National Human Genome Research Institute; the Director for the Division of Digestive Diseases and Nutrition within the National Institute of Diabetes and Digestive Kidney Diseases; the Director of the Centers for Disease Control and Prevention; the Chief Medical Director of the Department of Veterans Affairs; and the Secretary of Defense.", "id": "HCBC3BEE044DB4D5A00AE52FE005B141C", "header": "Composition", "nested": [], "links": [] }, { "text": "(d) Chair \nFrom among the appointed members of the Commission, the members of the Commission shall select an individual to serve as the Chair of the Commission.", "id": "H99BFAF1479284E458397E3EDEED52648", "header": "Chair", "nested": [], "links": [] }, { "text": "(e) Terms \nThe term of a member of the Commission is the life of the Commission.", "id": "H74407540B0064E87A7F95BD2070110CF", "header": "Terms", "nested": [], "links": [] }, { "text": "(f) Vacancies \n(1) Authority of commission \nA vacancy in the membership of the Commission does not affect the power of the remaining members to carry out the duties of the Commission. (2) Appointment of successor \nA vacancy in the membership of the Commission shall be filled in the manner in which the original appointment was made. (3) Incomplete term \nIf a member of the Commission does not serve the full term of the member, the individual appointed to fill the resulting vacancy shall be appointed for the remainder of the term of the predecessor of the individual.", "id": "HDEC83A9CB9FD4F31AB658BEF97783915", "header": "Vacancies", "nested": [], "links": [] }, { "text": "(g) Meetings \nThe Commission shall first meet as directed by the Secretary, not later than sixty days after the Commission is established, and thereafter shall meet at the call of the Chair of the Commission, but not less often than three times during the life of the Commission.", "id": "H06086CE623644D76AA00163D8C7BA7D0", "header": "Meetings", "nested": [], "links": [] }, { "text": "(h) Compensation; reimbursement of expenses \n(1) Appointed members \nMembers of the Commission appointed from among individuals who are not officers or employees of the Federal Government shall receive compensation for each day (including travel time) engaged in carrying out the duties of the Commission. Such compensation may not be in an amount in excess of the daily equivalent of the annual maximum rate of basic pay payable under section 5108 of title 5, United States Code, for positions above GS–15. (2) Ex officio members \nMembers of the Commission appointed from among individuals who are officers or employees of the Federal Government may not receive compensation for service on the Commission in addition to the compensation otherwise received for duties carried out as Federal officers or employees. (3) Reimbursement \nMembers of the Commission, while serving away from their homes or regular places of business in the performance of services for the Commission, shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as such expenses are authorized by section 5703 of title 5, United States Code, for persons in Government service employed intermittently.", "id": "H014BDCA4E3FB4B11ACE6AA9E7611187", "header": "Compensation; reimbursement of expenses", "nested": [], "links": [ { "text": "section 5108", "legal-doc": "usc", "parsable-cite": "usc/5/5108" }, { "text": "section 5703", "legal-doc": "usc", "parsable-cite": "usc/5/5703" } ] }, { "text": "(i) Staff \n(1) Executive director \nThe Commission may appoint and fix the pay of an executive director to effectively carry out its functions. The executive director shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and sub-chapter III of chapter 53 of such title related to classification and General Schedule pay rates. (2) Additional staff \nThe Secretary shall provide the Commission with such additional professional and clerical staff, such information, and the services of such consultants as the Secretary determines to be necessary for the Commission to carry out effectively its functions.", "id": "H88C14B57F6EF4218A5C34CDBD36CAA81", "header": "Staff", "nested": [], "links": [] }, { "text": "(j) Powers \nThe Commission may hold such hearings, take such testimony, and sit and act at such time and places as the Commission deems advisable.", "id": "H639E9C41EF924F8B81211F73A9001C32", "header": "Powers", "nested": [], "links": [] }, { "text": "(k) Report \nWithin 18 months following its initial meetings (as prescribed by subsection (g)), the Commission shall publish and transmit directly to the Congress a final report respecting its activities under this section. The report shall contain— (1) the long-range plan required by subsection (b)(2); (2) the expenditure estimates required by subsection (b)(3); and (3) any recommendations of the Commission for legislation that would facilitate the implementation of the long-range plan. In developing recommendations under paragraph (3), the Commission shall evaluate the effectiveness of the Interagency Coordinating Committee for Digestive Diseases and assess its ability to monitor and promote adherence to the long-range plan. The Commission may also make recommendations regarding organizational changes within the National Institutes of Health or the establishment of new entities that would facilitate implementation of the long-range plan and otherwise coordinate the Federal digestive diseases research effort.", "id": "HF08FD258932E494C9063CB2CFDB7F8DF", "header": "Report", "nested": [], "links": [] }, { "text": "(l) Termination \nThe Commission terminates 30 days after the date on which the final report under subsection (k) is submitted to the Congress.", "id": "H489BA2CFFFAF4A9996D9FAFE3478F600", "header": "Termination", "nested": [], "links": [] }, { "text": "(m) Authorization of appropriations \nFor the purpose of carrying out this section, there is authorized to be appropriated $4,000,000 in the aggregate for fiscal years 2005 and 2006.", "id": "HD0C0E79DD4A14A45ABEF2B2157BFF5FC", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "section 5108", "legal-doc": "usc", "parsable-cite": "usc/5/5108" }, { "text": "section 5703", "legal-doc": "usc", "parsable-cite": "usc/5/5703" } ] } ]

[ "Energy and Commerce Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Terrorism Against Animal-Use Entities Prohibition Improvement Act of 2004.", "id": "H12D3D0898F1F4C7BBD4E3551B7180841", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Terrorism against animal-use entities \n(a) In general \nSection 43 of title 18, United States Code, is amended— (1) so that subsection (a) reads as follows: (a) Offenses \n(1) Physical disruption \nWhoever— (A) travels in interstate or foreign commerce, or uses or causes to be used the mail or any facility in interstate or foreign commerce for the purpose of causing physical disruption to the functioning of an animal enterprise; and (B) intentionally damages or causes the loss of any property (including animals or records) used by the animal enterprise, or conspires to do so, shall be punished as provided in subsection (b). (2) Economic disruption \nWhoever— (A) travels in interstate or foreign commerce, or uses or causes to be used the mail or any facility in interstate or foreign commerce, for the purpose of causing economic disruption to an animal enterprise; and (B) intentionally uses threats, acts of vandalism, property damage, trespass, persistent and harassing communications, intimidation, or coercion, in furtherance of a plan to cause economic disruption to that enterprise, or conspires to do so, shall be punished as provided in subsection (b). ; (2) in subsection (b)(1), by striking 6 months and inserting 1 year ; (3) in subsection (b)(2), by striking Major economic damage and inserting Significant economic damage or economic disruption , by striking causes economic damage and inserting causes economic damage or economic disruption , by striking exceeding $10,000 and inserting exceeding $10,000 but not exceeding $100,000 , and by striking 3 years and inserting 5 years ; (4) by redesignating paragraphs (3) and (4) of subsection (b) as paragraphs (4) and (5), respectively; (5) in subsection (b), by inserting after paragraph (2) the following: (3) Major economic damage or economic disruption \nAny person who, in the course of a violation of subsection (a), causes economic damage or economic disruption exceeding $100,000 to an animal enterprise shall be fined under this title or imprisoned not more than 10 years, or both. ; (6) in subsection (b)(5) as redesignated above, by striking and imprisoned and inserting and shall be punished by death or imprisoned ; and (7) in subsection (d)— (A) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (B) by inserting after paragraph (2) the following: (3) the term economic disruption means losses and increased costs that individually or collectively exceed $10,000 to that enterprise. Economic disruption does not include any lawful economic disruption that results from lawful public, governmental, or animal enterprise reaction to the disclosure of information about an animal enterprise;. (b) Communication Interception Authority \nSection 2516(1)(c) of title 18, United States Code, is amended by inserting before section 201 (bribery of public officials and witnesses) the following: section 43 (animal enterprise terrorism),.", "id": "H6DF2EEADA89E4B2C87A6D48E51E164C8", "header": "Terrorism against animal-use entities", "nested": [ { "text": "(a) In general \nSection 43 of title 18, United States Code, is amended— (1) so that subsection (a) reads as follows: (a) Offenses \n(1) Physical disruption \nWhoever— (A) travels in interstate or foreign commerce, or uses or causes to be used the mail or any facility in interstate or foreign commerce for the purpose of causing physical disruption to the functioning of an animal enterprise; and (B) intentionally damages or causes the loss of any property (including animals or records) used by the animal enterprise, or conspires to do so, shall be punished as provided in subsection (b). (2) Economic disruption \nWhoever— (A) travels in interstate or foreign commerce, or uses or causes to be used the mail or any facility in interstate or foreign commerce, for the purpose of causing economic disruption to an animal enterprise; and (B) intentionally uses threats, acts of vandalism, property damage, trespass, persistent and harassing communications, intimidation, or coercion, in furtherance of a plan to cause economic disruption to that enterprise, or conspires to do so, shall be punished as provided in subsection (b). ; (2) in subsection (b)(1), by striking 6 months and inserting 1 year ; (3) in subsection (b)(2), by striking Major economic damage and inserting Significant economic damage or economic disruption , by striking causes economic damage and inserting causes economic damage or economic disruption , by striking exceeding $10,000 and inserting exceeding $10,000 but not exceeding $100,000 , and by striking 3 years and inserting 5 years ; (4) by redesignating paragraphs (3) and (4) of subsection (b) as paragraphs (4) and (5), respectively; (5) in subsection (b), by inserting after paragraph (2) the following: (3) Major economic damage or economic disruption \nAny person who, in the course of a violation of subsection (a), causes economic damage or economic disruption exceeding $100,000 to an animal enterprise shall be fined under this title or imprisoned not more than 10 years, or both. ; (6) in subsection (b)(5) as redesignated above, by striking and imprisoned and inserting and shall be punished by death or imprisoned ; and (7) in subsection (d)— (A) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (B) by inserting after paragraph (2) the following: (3) the term economic disruption means losses and increased costs that individually or collectively exceed $10,000 to that enterprise. Economic disruption does not include any lawful economic disruption that results from lawful public, governmental, or animal enterprise reaction to the disclosure of information about an animal enterprise;.", "id": "H26F98840167E412DB3BE4016D9A7788D", "header": "In general", "nested": [], "links": [ { "text": "Section 43", "legal-doc": "usc", "parsable-cite": "usc/18/43" } ] }, { "text": "(b) Communication Interception Authority \nSection 2516(1)(c) of title 18, United States Code, is amended by inserting before section 201 (bribery of public officials and witnesses) the following: section 43 (animal enterprise terrorism),.", "id": "H52B1A2BF60CE48DE8B3C15934D557499", "header": "Communication Interception Authority", "nested": [], "links": [ { "text": "Section 2516(1)(c)", "legal-doc": "usc", "parsable-cite": "usc/18/2516" } ] } ], "links": [ { "text": "Section 43", "legal-doc": "usc", "parsable-cite": "usc/18/43" }, { "text": "Section 2516(1)(c)", "legal-doc": "usc", "parsable-cite": "usc/18/2516" } ] } ]

[ "Judiciary Committee" ]

[ { "text": "1. Department of Defense sponsorship and support for Boy Scouts of America \nSection 30904 of title 36, United States Code, is amended by adding at the end the following new subsection: (c) Federal support \nThe Secretary of Defense, and military installations and units of the Armed Forces under the jurisdiction of the Secretary of Defense, may support the corporation by officially sponsoring units of the Boy Scouts of America serving dependents of members of the Armed Forces and by making facilities of the Department of Defense available for the meetings of such Boy Scout units and for other Boy Scout activities, such as national and world Boy Scout Jamborees..", "id": "H24B12FE3422447C5AF97BDC6E8E8711B", "header": "Department of Defense sponsorship and support for Boy Scouts of America", "nested": [], "links": [ { "text": "Section 30904", "legal-doc": "usc", "parsable-cite": "usc/36/30904" } ] } ]

[ "Judiciary Committee" ]

[ { "text": "1. Repeal of continued dumping and subsidy offset \n(a) Repeal \nSection 754 of the Tariff Act of 1930 ( 19 U.S.C. 1675c ), and the item relating to section 754 in the table of contents for title VII of that Act, are repealed. (b) Existing accounts \nAll amounts remaining, upon the enactment of this Act, in any special account established under section 754(e)(1) of the Tariff Act of 1930 (as in effect on the day before the date of the enactment of this Act) shall be deposited in the general fund of the Treasury.", "id": "H6E43230909A142C7BE3D2E08954B00AA", "header": "Repeal of continued dumping and subsidy offset", "nested": [ { "text": "(a) Repeal \nSection 754 of the Tariff Act of 1930 ( 19 U.S.C. 1675c ), and the item relating to section 754 in the table of contents for title VII of that Act, are repealed.", "id": "HF67D10983D944ED7A95B094FCF4D9712", "header": "Repeal", "nested": [], "links": [ { "text": "19 U.S.C. 1675c", "legal-doc": "usc", "parsable-cite": "usc/19/1675c" } ] }, { "text": "(b) Existing accounts \nAll amounts remaining, upon the enactment of this Act, in any special account established under section 754(e)(1) of the Tariff Act of 1930 (as in effect on the day before the date of the enactment of this Act) shall be deposited in the general fund of the Treasury.", "id": "H62C2EBE51739492BAD54007BD4D69A7", "header": "Existing accounts", "nested": [], "links": [] } ], "links": [ { "text": "19 U.S.C. 1675c", "legal-doc": "usc", "parsable-cite": "usc/19/1675c" } ] } ]

[ "Ways and Means Committee" ]

[ { "text": "1. Short Title \nThis Act may be cited as the President Ronald Reagan $10 Bill Act.", "id": "HEEC04E2BA55248C6A26885A19D3CA9EA", "header": "Short Title", "nested": [], "links": [] }, { "text": "2. Likeness of President Reagan Required to be Included on the Face of $10 Federal Reserve Notes \nThe 8th undesignated paragraph of section 16 of the Federal Reserve Act ( 12 U.S.C. 418 ) is amended by adding at the end the following new sentence: The face of $10 Federal reserve notes printed after December 31, 2004, shall bear the likeness of President Ronald Wilson Reagan.", "id": "H630A67CB54E5484B90506C8000E122E6", "header": "Likeness of President Reagan Required to be Included on the Face of $10 Federal Reserve Notes", "nested": [], "links": [ { "text": "12 U.S.C. 418", "legal-doc": "usc", "parsable-cite": "usc/12/418" } ] } ]

[ "Financial Services Committee" ]

[ { "text": "1. Permanent resident status for Malachy McAllister, Nicola McAllister, and Sean Ryan McAllister \n(a) In general \nNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act, Malachy McAllister, Nicola McAllister, and Sean Ryan McAllister shall each be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident. (b) Adjustment of status \nIf Malachy McAllister, Nicola McAllister, or Sean Ryan McAllister enters the United States before the filing deadline specified in subsection (c), he or she shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act. (c) Waiver of grounds for removal of, or denial of admission to, Malachy McAllister, Nicola McAllister, and Sean Ryan McAllister \n(1) In general \nNotwithstanding sections 212(a) and 237(a) of the Immigration and Nationality Act, Malachy McAllister, Nicola McAllister, and Sean Ryan McAllister may not be removed from the United States, or denied admission to the United States, by reason of any act of any of such individuals that is a ground for removal or denial of admission and is reflected in the records of the Department of Homeland Security, or the Visa Office of the Department of State, on the date of the enactment of this Act. (2) Rescission of outstanding order of removal \nThe Secretary of Homeland Security shall rescind any outstanding order of removal or deportation, or any finding of deportability, that has been entered against Malachy McAllister, Nicola McAllister, or Sean Ryan McAllister by reason of any act described in paragraph (1). (d) Deadline for application and payment of fees \nSubsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act. (e) Reduction of immigrant visa number \nUpon the granting of an immigrant visa or permanent residence to Malachy McAllister, Nicola McAllister, and Sean Ryan McAllister, the Secretary of State shall instruct the proper officer to reduce by 3, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the aliens’ birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the aliens’ birth under section 202(e) of such Act. (f) Denial of preferential immigration treatment for certain relatives \nThe natural parents, brothers, and sisters of Malachy McAllister, Nicola McAllister, and Sean Ryan McAllister shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.", "id": "H6CE4CC4437614E23A3D8573800C45057", "header": "Permanent resident status for Malachy McAllister, Nicola McAllister, and Sean Ryan McAllister", "nested": [ { "text": "(a) In general \nNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act, Malachy McAllister, Nicola McAllister, and Sean Ryan McAllister shall each be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident.", "id": "H248F772A972C4C83B7BE92D5DD5753B4", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Adjustment of status \nIf Malachy McAllister, Nicola McAllister, or Sean Ryan McAllister enters the United States before the filing deadline specified in subsection (c), he or she shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act.", "id": "H330472FEF9E041FBB1368E65D810D920", "header": "Adjustment of status", "nested": [], "links": [] }, { "text": "(c) Waiver of grounds for removal of, or denial of admission to, Malachy McAllister, Nicola McAllister, and Sean Ryan McAllister \n(1) In general \nNotwithstanding sections 212(a) and 237(a) of the Immigration and Nationality Act, Malachy McAllister, Nicola McAllister, and Sean Ryan McAllister may not be removed from the United States, or denied admission to the United States, by reason of any act of any of such individuals that is a ground for removal or denial of admission and is reflected in the records of the Department of Homeland Security, or the Visa Office of the Department of State, on the date of the enactment of this Act. (2) Rescission of outstanding order of removal \nThe Secretary of Homeland Security shall rescind any outstanding order of removal or deportation, or any finding of deportability, that has been entered against Malachy McAllister, Nicola McAllister, or Sean Ryan McAllister by reason of any act described in paragraph (1).", "id": "HAF19F4D80CC740E4B2274F48845D8D17", "header": "Waiver of grounds for removal of, or denial of admission to, Malachy McAllister, Nicola McAllister, and Sean Ryan McAllister", "nested": [], "links": [] }, { "text": "(d) Deadline for application and payment of fees \nSubsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act.", "id": "H074C958F2D264763B24C1B44142B82B5", "header": "Deadline for application and payment of fees", "nested": [], "links": [] }, { "text": "(e) Reduction of immigrant visa number \nUpon the granting of an immigrant visa or permanent residence to Malachy McAllister, Nicola McAllister, and Sean Ryan McAllister, the Secretary of State shall instruct the proper officer to reduce by 3, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the aliens’ birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the aliens’ birth under section 202(e) of such Act.", "id": "HADD8A79670EF4D41BA58FB0367A1E3C1", "header": "Reduction of immigrant visa number", "nested": [], "links": [] }, { "text": "(f) Denial of preferential immigration treatment for certain relatives \nThe natural parents, brothers, and sisters of Malachy McAllister, Nicola McAllister, and Sean Ryan McAllister shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.", "id": "H5034111E45474CB29034DA13A6997845", "header": "Denial of preferential immigration treatment for certain relatives", "nested": [], "links": [] } ], "links": [] } ]

[ "Judiciary Committee" ]

[ { "text": "1. Extension of eligibility for veterans pension benefits to veterans who received an expeditionary medal for a period of military service other than a period of war \nSection 1501(4) of title 38, United States Code, is amended by adding at the end the following new sentence: Such term includes, in the case of any veteran, any period of active military, naval, or air service not covered by the preceding sentence for which the veteran received an expeditionary medal..", "id": "H431DE762B5BB44F799AEAB31A28694C6", "header": "Extension of eligibility for veterans pension benefits to veterans who received an expeditionary medal for a period of military service other than a period of war", "nested": [ { "text": "Section 1501(4) of title 38, United States Code, is amended by adding at the end the following new sentence: Such term includes, in the case of any veteran, any period of active military, naval, or air service not covered by the preceding sentence for which the veteran received an expeditionary medal..", "id": "HF159D3B631EF426499F700AED803258D", "header": null, "nested": [], "links": [ { "text": "Section 1501(4)", "legal-doc": "usc", "parsable-cite": "usc/38/1501" } ] } ], "links": [ { "text": "Section 1501(4)", "legal-doc": "usc", "parsable-cite": "usc/38/1501" } ] } ]

[ "Veterans' Affairs Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H87A7356027D347E7A821E195EAF15F65", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings; purpose \n(a) Findings \nCongress finds the following: (1) Despite gains made in recent years, 8,900,000 children in the United States are uninsured. Of those, 6,900,000 are eligible for public health insurance coverage. (2) Most low-income uninsured children are enrolled in nutrition and related programs that operate under income guidelines similar to those of the medicaid program. In fact, 63 percent, or 4,300,000, low-income uninsured children are in families that receive benefits through the food stamps program, the National school lunch program, or the special supplemental nutrition program for women, infants and children (commonly referred to as WIC ). (3) The public would be well served if Federal means-tested public programs were able to improve administrative efficiency and coordination as well as reduce unnecessary bureaucracy. (4) Uninsured children would be well served if their enrollment in a nutrition-based or other means-tested program could serve as a gateway to health coverage. (5) Existing law already allows children to be found income eligible for WIC based on their enrollment in the medicaid program. Current law does not, however, give States adequate flexibility to make an income determination for eligibility for the medicaid or State children’s health insurance program based on an uninsured child’s enrollment in WIC or another public program. (b) Purpose \nThe purpose of this Act is to give States the flexibility to find children income eligible for the medicaid program or State children’s health insurance program based on the fact that the children are eligible for nutrition assistance or similar public programs with comparable income standards and methodologies.", "id": "H33C52FE4CB61430687F5BD5F3FC288F3", "header": "Findings; purpose", "nested": [ { "text": "(a) Findings \nCongress finds the following: (1) Despite gains made in recent years, 8,900,000 children in the United States are uninsured. Of those, 6,900,000 are eligible for public health insurance coverage. (2) Most low-income uninsured children are enrolled in nutrition and related programs that operate under income guidelines similar to those of the medicaid program. In fact, 63 percent, or 4,300,000, low-income uninsured children are in families that receive benefits through the food stamps program, the National school lunch program, or the special supplemental nutrition program for women, infants and children (commonly referred to as WIC ). (3) The public would be well served if Federal means-tested public programs were able to improve administrative efficiency and coordination as well as reduce unnecessary bureaucracy. (4) Uninsured children would be well served if their enrollment in a nutrition-based or other means-tested program could serve as a gateway to health coverage. (5) Existing law already allows children to be found income eligible for WIC based on their enrollment in the medicaid program. Current law does not, however, give States adequate flexibility to make an income determination for eligibility for the medicaid or State children’s health insurance program based on an uninsured child’s enrollment in WIC or another public program.", "id": "H43DFDF9EEDC44A19B5B8B2DB8DAB822F", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Purpose \nThe purpose of this Act is to give States the flexibility to find children income eligible for the medicaid program or State children’s health insurance program based on the fact that the children are eligible for nutrition assistance or similar public programs with comparable income standards and methodologies.", "id": "H95891C57817F43E2A7C00231BF9D16CD", "header": "Purpose", "nested": [], "links": [] } ], "links": [] }, { "text": "3. State option to provide for simplified determinations of a child’s financial eligibility for medical assistance under medicaid or child health assistance under SCHIP \n(a) Medicaid \nSection 1902(e) of the Social Security Act ( 42 U.S.C. 1396a(e) ) is amended by adding at the end the following: (13) (A) At the option of the State, the plan may provide that financial eligibility requirements for medical assistance are met for an individual who is under an age specified by the State (not to exceed 21 years of age) by using a determination (made within a reasonable period, as found by the State, before its use for this purpose) of the individual’s family or household income or resources, notwithstanding any differences in budget unit, disregard, deeming, or other methodology, by a Federal or State agency (or a public or private entity making such determination on behalf of such agency) specified by the plan, including but not limited to the agencies administering the Food Stamp Act of 1977 , the Richard B. Russell National School Lunch Act , and the Child Nutrition Act of 1966 , provided that such agency has fiscal liabilities or responsibilities affected or potentially affected by such determinations and provided that all information furnished by such agency pursuant to this subparagraph is used solely for purposes of determining eligibility for medical assistance under the State plan approved under this title or for child health assistance under a State plan approved under title XXI. (B) Nothing in subparagraph (A) shall be construed— (i) to authorize the denial of medical assistance under a State plan approved under this title or of child health assistance under a State plan approved under title XXI to an individual who, without the application of this paragraph or an option exercised thereunder, would qualify for such assistance; (ii) to relieve a State of the obligation under subsection (a)(8) to furnish assistance with reasonable promptness after the submission of an initial application that is evaluated or for which evaluation is requested pursuant to this paragraph; or (iii) to relieve a State of the obligation to determine eligibility on other grounds for an individual found to be ineligible under this paragraph. (C) At the option of a State, the financial eligibility process described in subparagraph (A) may apply to an individual who is older than age 21 if such individual’s eligibility for medical assistance is based on pregnancy or if such individual is a parent, guardian, or other caretaker relative of an individual found eligible under subparagraph (A).. (b) SCHIP \nSection 2107(e)(1) of the Social Security Act ( 42 U.S.C. 1397gg(e)(1) ) is amended by adding at the end the following: (E) Section 1902(e)(13) (relating to the State option to base a child’s eligibility for assistance on financial determinations made by a program providing nutrition or other public assistance).. (c) Effective date \nThe amendments made by this section take effect on October 1, 2003.", "id": "HFA2D796C8937445CA1A7312B5D30C396", "header": "State option to provide for simplified determinations of a child’s financial eligibility for medical assistance under medicaid or child health assistance under SCHIP", "nested": [ { "text": "(a) Medicaid \nSection 1902(e) of the Social Security Act ( 42 U.S.C. 1396a(e) ) is amended by adding at the end the following: (13) (A) At the option of the State, the plan may provide that financial eligibility requirements for medical assistance are met for an individual who is under an age specified by the State (not to exceed 21 years of age) by using a determination (made within a reasonable period, as found by the State, before its use for this purpose) of the individual’s family or household income or resources, notwithstanding any differences in budget unit, disregard, deeming, or other methodology, by a Federal or State agency (or a public or private entity making such determination on behalf of such agency) specified by the plan, including but not limited to the agencies administering the Food Stamp Act of 1977 , the Richard B. Russell National School Lunch Act , and the Child Nutrition Act of 1966 , provided that such agency has fiscal liabilities or responsibilities affected or potentially affected by such determinations and provided that all information furnished by such agency pursuant to this subparagraph is used solely for purposes of determining eligibility for medical assistance under the State plan approved under this title or for child health assistance under a State plan approved under title XXI. (B) Nothing in subparagraph (A) shall be construed— (i) to authorize the denial of medical assistance under a State plan approved under this title or of child health assistance under a State plan approved under title XXI to an individual who, without the application of this paragraph or an option exercised thereunder, would qualify for such assistance; (ii) to relieve a State of the obligation under subsection (a)(8) to furnish assistance with reasonable promptness after the submission of an initial application that is evaluated or for which evaluation is requested pursuant to this paragraph; or (iii) to relieve a State of the obligation to determine eligibility on other grounds for an individual found to be ineligible under this paragraph. (C) At the option of a State, the financial eligibility process described in subparagraph (A) may apply to an individual who is older than age 21 if such individual’s eligibility for medical assistance is based on pregnancy or if such individual is a parent, guardian, or other caretaker relative of an individual found eligible under subparagraph (A)..", "id": "H1F0EAAFB090F4C3E80F52D2869760919", "header": "Medicaid", "nested": [], "links": [ { "text": "42 U.S.C. 1396a(e)", "legal-doc": "usc", "parsable-cite": "usc/42/1396a" } ] }, { "text": "(b) SCHIP \nSection 2107(e)(1) of the Social Security Act ( 42 U.S.C. 1397gg(e)(1) ) is amended by adding at the end the following: (E) Section 1902(e)(13) (relating to the State option to base a child’s eligibility for assistance on financial determinations made by a program providing nutrition or other public assistance)..", "id": "HA464BC47AEC64A838596AAE87F87DC5", "header": "SCHIP", "nested": [], "links": [ { "text": "42 U.S.C. 1397gg(e)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/1397gg" } ] }, { "text": "(c) Effective date \nThe amendments made by this section take effect on October 1, 2003.", "id": "H7ED53A2CC0B34219996DC99F562C7C40", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1396a(e)", "legal-doc": "usc", "parsable-cite": "usc/42/1396a" }, { "text": "42 U.S.C. 1397gg(e)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/1397gg" } ] } ]

[ "Energy and Commerce Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the United States Court of Federal Claims Termination Act of 2004.", "id": "HE0216B10FB05463BBD48FE6E8CC9E4F9", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds that— (1) a fair and efficient Federal judiciary is a bedrock of the Nation’s democracy; (2) at a time of rising deficits and shrinking budgets, it is imperative that Federal judiciary resources be used wisely; (3) the United States Court of Federal Claims operates inefficiently; (4) in calendar year 2002, on average, judges of the Court of Federal Claims conducted only 1.5 trials and spent less than 66 hours in a courtroom; (5) between calendar years 1997 and 2001, on average, Court of Federal Claims judges had 45 cases on their docket each year; (6) by contrast, during the same period, Federal district court judges had 478 cases on their dockets each year; (7) a comprehensive study by a respected legal scholar concluded that the caseload of the Court of Federal Claims could be handled more efficiently by Federal district courts; (8) transferring the caseload of the Court of Federal Claims to the Federal district courts would add less than 1 case each year to each Federal district judgeship; (9) there is no evidence that Federal district courts are incapable of handling the caseload of the Court of Federal Claims; (10) it is estimated that the budget for fiscal year 2004 for the Court of Federal Claims is $14,400,000; and (11) elimination of the Court of Federal Claims will lead to a significant savings of taxpayer dollars, especially over the long term.", "id": "HA2D193B8C035414E85E560456AF5194", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Termination of United States Court of Federal Claims \n(a) Filing of claims \nNotwithstanding any other provision of law, no claim may be filed in the United States Court of Federal Claims on or after the date of enactment of this Act. (b) Pending claims \nNot later than 60 days after the date of enactment of this Act, the Chief Justice of the United States shall promulgate regulations to carry out an orderly transfer of all claims pending before the United States Court of Federal Claims to appropriate courts of the United States. Such transfers shall be completed during the 1-year period beginning on the date of enactment of this Act. Regulations under this subsection may provide for some claims to proceed in the United States Court of Federal Claims during that 1-year period. A congressional reference case for which a report is not transmitted to the appropriate House of Congress before the end of that 1-year period shall not be transferred and shall terminate. (c) Termination \nNotwithstanding any other provision of law, the United States Court of Federal Claims is terminated effective on and after the date occurring 1 year after the date of enactment of this Act. (d) Report \nNot later than 60 days after the date of enactment of this Act, the Director of the Administrative Office of United States Courts shall submit a report to Congress containing recommendations for legislation to carry out this Act, including recommendations for conforming amendments to Federal law.", "id": "H687A75D6E76E4E20896874C0FC855959", "header": "Termination of United States Court of Federal Claims", "nested": [ { "text": "(a) Filing of claims \nNotwithstanding any other provision of law, no claim may be filed in the United States Court of Federal Claims on or after the date of enactment of this Act.", "id": "H0E77FA804A0A452FAC49502FC9B3084", "header": "Filing of claims", "nested": [], "links": [] }, { "text": "(b) Pending claims \nNot later than 60 days after the date of enactment of this Act, the Chief Justice of the United States shall promulgate regulations to carry out an orderly transfer of all claims pending before the United States Court of Federal Claims to appropriate courts of the United States. Such transfers shall be completed during the 1-year period beginning on the date of enactment of this Act. Regulations under this subsection may provide for some claims to proceed in the United States Court of Federal Claims during that 1-year period. A congressional reference case for which a report is not transmitted to the appropriate House of Congress before the end of that 1-year period shall not be transferred and shall terminate.", "id": "HE62BA4EC6118456EB158D2D67524BB40", "header": "Pending claims", "nested": [], "links": [] }, { "text": "(c) Termination \nNotwithstanding any other provision of law, the United States Court of Federal Claims is terminated effective on and after the date occurring 1 year after the date of enactment of this Act.", "id": "H11A5243F9349432E99D0612357419FFD", "header": "Termination", "nested": [], "links": [] }, { "text": "(d) Report \nNot later than 60 days after the date of enactment of this Act, the Director of the Administrative Office of United States Courts shall submit a report to Congress containing recommendations for legislation to carry out this Act, including recommendations for conforming amendments to Federal law.", "id": "H164513075B4741208D4F6D49C5675FC1", "header": "Report", "nested": [], "links": [] } ], "links": [] } ]

[ "Judiciary Committee" ]

[ { "text": "1. Exclusion of the Social Security trust funds from the unified Federal budget \nSection 201 of the Social Security Act ( 42 U.S.C. 401 ) is amended by adding at the end the following new subsection: (o) (1) The receipts and disbursements of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund (including taxes upon which any such receipts are based)— (A) shall not be included in the Federal budget baseline for any fiscal year, and (B) shall not be counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of— (i) offsetting any tax decrease, or (ii) offsetting any spending increase. (2) Any official statement issued by the Office of Management and Budget or by the Congressional Budget Office of surplus or deficit totals of the budget of the United States Government as submitted by the President or of the surplus or deficit totals of the congressional budget, and any description of, or reference to, such totals in any official publication or material issued by either of such Offices, shall exclude the receipts and disbursements totals of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund (including taxes upon which any such receipts are based)..", "id": "HEE7501D0AB7C487096BC8D33B2806057", "header": "Exclusion of the Social Security trust funds from the unified Federal budget", "nested": [], "links": [ { "text": "42 U.S.C. 401", "legal-doc": "usc", "parsable-cite": "usc/42/401" } ] }, { "text": "2. Effective date \nThe amendment made by this Act shall apply to fiscal years beginning on or after October 1, 2005.", "id": "H965E2F8CA9A24EF48B16B46F009300BE", "header": "Effective date", "nested": [], "links": [] } ]

[ "Ways and Means Committee", "Budget Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HC876B097F617459590C836D84648B8E4", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Requirement for submission to Congress of contracts proposed to be awarded using noncompetitive procedures \n(a) Notification to Congress \nBefore the award of a contract in an amount greater than $1,000,000 using procedures other than competitive procedures, the head of an agency shall submit to Congress a written notification that includes a copy of the contract, the proposed date of award of the contract, and a detailed explanation and justification of the contract. (b) Period for Congressional disapproval \nThe head of an agency may not award a contract described in subsection (a) before the expiration of 30 legislative days after the date of submission by the agency of the notification under subsection (a), except that the contract may be entered into immediately after one of the following occurs: (1) Either House of Congress considers a joint resolution described in section 3(a) with respect to the contract and fails to pass it. (2) The time period has expired for Congress to reconsider such a resolution after a presidential veto, and Congress did not override the veto during such period. (c) Procedures other than competitive procedures \nFor purposes of this section, a contract is entered into using procedures other than competitive procedures if it is entered into— (1) in the case of a defense contract, pursuant to the authority provided under section 2304(c) of title 10, United States Code; and (2) in the case of any contract other than a defense contract, pursuant to the authority provided under section 303(c) of title III of the Federal Property and Administrative Services Act of 1949 ( 41 U.S.C. 253(c) ). (d) Legislative day \nIn this Act, the term legislative day means a day on which either House of Congress is in session, except the term does not include any day a House is in session during the period beginning on the date a joint resolution described in section 3(a) is presented to the President and ending on the date the joint resolution becomes law or is vetoed.", "id": "H0DE7DF97C1634B2CA6CF199B00CDF486", "header": "Requirement for submission to Congress of contracts proposed to be awarded using noncompetitive procedures", "nested": [ { "text": "(a) Notification to Congress \nBefore the award of a contract in an amount greater than $1,000,000 using procedures other than competitive procedures, the head of an agency shall submit to Congress a written notification that includes a copy of the contract, the proposed date of award of the contract, and a detailed explanation and justification of the contract.", "id": "H6BD25F48C4854926A05B467E152E4E9C", "header": "Notification to Congress", "nested": [], "links": [] }, { "text": "(b) Period for Congressional disapproval \nThe head of an agency may not award a contract described in subsection (a) before the expiration of 30 legislative days after the date of submission by the agency of the notification under subsection (a), except that the contract may be entered into immediately after one of the following occurs: (1) Either House of Congress considers a joint resolution described in section 3(a) with respect to the contract and fails to pass it. (2) The time period has expired for Congress to reconsider such a resolution after a presidential veto, and Congress did not override the veto during such period.", "id": "H79FB04749A8C4E37B8B5B5AA82DE1587", "header": "Period for Congressional disapproval", "nested": [], "links": [] }, { "text": "(c) Procedures other than competitive procedures \nFor purposes of this section, a contract is entered into using procedures other than competitive procedures if it is entered into— (1) in the case of a defense contract, pursuant to the authority provided under section 2304(c) of title 10, United States Code; and (2) in the case of any contract other than a defense contract, pursuant to the authority provided under section 303(c) of title III of the Federal Property and Administrative Services Act of 1949 ( 41 U.S.C. 253(c) ).", "id": "HCE488DDCB73A447584A22452C5AB8EF8", "header": "Procedures other than competitive procedures", "nested": [], "links": [ { "text": "section 2304(c)", "legal-doc": "usc", "parsable-cite": "usc/10/2304" }, { "text": "41 U.S.C. 253(c)", "legal-doc": "usc", "parsable-cite": "usc/41/253" } ] }, { "text": "(d) Legislative day \nIn this Act, the term legislative day means a day on which either House of Congress is in session, except the term does not include any day a House is in session during the period beginning on the date a joint resolution described in section 3(a) is presented to the President and ending on the date the joint resolution becomes law or is vetoed.", "id": "HC6D5585E2AE9436CB0479B45C500A6E4", "header": "Legislative day", "nested": [], "links": [] } ], "links": [ { "text": "section 2304(c)", "legal-doc": "usc", "parsable-cite": "usc/10/2304" }, { "text": "41 U.S.C. 253(c)", "legal-doc": "usc", "parsable-cite": "usc/41/253" } ] }, { "text": "3. Congressional consideration of resolution of disapproval of proposed contracts \n(a) Terms of resolution \nFor purposes of this section, the term joint resolution means only a joint resolution which is introduced within the 5 legislative days beginning on the date on which the head of an agency submits a notification to Congress under section 2(a) and— (1) which does not have a preamble; (2) the matter after the resolving clause of which is as follows: That Congress disapproves the proposed contract as submitted by ___ on ___, and such contract may not be awarded. (the blank spaces being filled in with the appropriate agency head and date); and (3) the title of which is as follows: Joint resolution disapproving proposed contract submitted by ___ on ___. (the blank spaces being filled in with the appropriate agency head and date). (b) Discharge \nIf the committee to which a resolution described in subsection (a) is referred has not reported such resolution (or an identical resolution) by the end of the period of 10 legislative days beginning on the date on which the agency submits the notification under section 2(a), such committee shall be, at the end of such period, discharged from further consideration of such resolution, and such resolution shall be placed on the appropriate calendar of the House involved. (c) Consideration \n(1) On or after the third day after the date on which a joint resolution is reported or discharged from committee pursuant to subsection (b), it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution. A Member may make the motion only on the day after the calendar day on which the Member announces to the House concerned the Member's intention to make the motion. All points of order against the resolution (and against consideration of the resolution) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the respective House shall immediately proceed to consideration of the joint resolution without intervening motion, order, or other business, and the resolution shall remain the unfinished business of the respective House until disposed of. (2) Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the resolution. An amendment to the resolution is not in order. A motion further to limit debate is in order and not debatable. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order. (3) Immediately following the conclusion of the debate on a resolution described in subsection (a) and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the resolution shall occur. (4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution described in subsection (a) shall be decided without debate. (d) Consideration by other house \n(1) If, before the passage by one House of a resolution of that House described in subsection (a), that House receives from the other House a resolution described in subsection (a), then the following procedures shall apply: (A) The resolution of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of final passage as provided in subparagraph (B)(ii). (B) With respect to a resolution described in subsection (a) of the House receiving the resolution— (i) the procedure in that House shall be the same as if no resolution had been received from the other House; but (ii) the vote on final passage shall be on the resolution of the other House. (2) Upon disposition of the resolution received from the other House, it shall no longer be in order to consider the resolution that originated in the receiving House. (e) National emergency \nIn the case of a national emergency declared by the President, with respect to any contract subject to this Act for which the President determines there are urgent and compelling circumstances requiring the award of the contract without waiting for the expiration of the period of 30 legislative days under section 2(b), the President may award the contract using procedures other than competitive procedures pursuant to the authority provided in paragraphs (2) and (6) of section 2304(c) of title 10, United States Code (in the case of a defense contract) or paragraphs (2) and (6) of section 303(c) of title III of the Federal Property and Administrative Services Act of 1949 ( 41 U.S.C. 253(c) (in the case of contracts other than defense contracts). (f) Rules of the senate and house \nThis section is enacted by Congress— (1) an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a resolution described in subsection (a), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.", "id": "H2A4223AF46154F719D46A5C6C927E9B4", "header": "Congressional consideration of resolution of disapproval of proposed contracts", "nested": [ { "text": "(a) Terms of resolution \nFor purposes of this section, the term joint resolution means only a joint resolution which is introduced within the 5 legislative days beginning on the date on which the head of an agency submits a notification to Congress under section 2(a) and— (1) which does not have a preamble; (2) the matter after the resolving clause of which is as follows: That Congress disapproves the proposed contract as submitted by ___ on ___, and such contract may not be awarded. (the blank spaces being filled in with the appropriate agency head and date); and (3) the title of which is as follows: Joint resolution disapproving proposed contract submitted by ___ on ___. (the blank spaces being filled in with the appropriate agency head and date).", "id": "H05906E9B0F904945BB00F52E406FDB88", "header": "Terms of resolution", "nested": [], "links": [] }, { "text": "(b) Discharge \nIf the committee to which a resolution described in subsection (a) is referred has not reported such resolution (or an identical resolution) by the end of the period of 10 legislative days beginning on the date on which the agency submits the notification under section 2(a), such committee shall be, at the end of such period, discharged from further consideration of such resolution, and such resolution shall be placed on the appropriate calendar of the House involved.", "id": "H78AD5F8EBB40436C0058A2677E67F395", "header": "Discharge", "nested": [], "links": [] }, { "text": "(c) Consideration \n(1) On or after the third day after the date on which a joint resolution is reported or discharged from committee pursuant to subsection (b), it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution. A Member may make the motion only on the day after the calendar day on which the Member announces to the House concerned the Member's intention to make the motion. All points of order against the resolution (and against consideration of the resolution) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the respective House shall immediately proceed to consideration of the joint resolution without intervening motion, order, or other business, and the resolution shall remain the unfinished business of the respective House until disposed of. (2) Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the resolution. An amendment to the resolution is not in order. A motion further to limit debate is in order and not debatable. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order. (3) Immediately following the conclusion of the debate on a resolution described in subsection (a) and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the resolution shall occur. (4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution described in subsection (a) shall be decided without debate.", "id": "H81709186B2124886B5A61E03E208C494", "header": "Consideration", "nested": [], "links": [] }, { "text": "(d) Consideration by other house \n(1) If, before the passage by one House of a resolution of that House described in subsection (a), that House receives from the other House a resolution described in subsection (a), then the following procedures shall apply: (A) The resolution of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of final passage as provided in subparagraph (B)(ii). (B) With respect to a resolution described in subsection (a) of the House receiving the resolution— (i) the procedure in that House shall be the same as if no resolution had been received from the other House; but (ii) the vote on final passage shall be on the resolution of the other House. (2) Upon disposition of the resolution received from the other House, it shall no longer be in order to consider the resolution that originated in the receiving House.", "id": "H1A7CD8D4E4564D2787E4ACD6DF00E6E9", "header": "Consideration by other house", "nested": [], "links": [] }, { "text": "(e) National emergency \nIn the case of a national emergency declared by the President, with respect to any contract subject to this Act for which the President determines there are urgent and compelling circumstances requiring the award of the contract without waiting for the expiration of the period of 30 legislative days under section 2(b), the President may award the contract using procedures other than competitive procedures pursuant to the authority provided in paragraphs (2) and (6) of section 2304(c) of title 10, United States Code (in the case of a defense contract) or paragraphs (2) and (6) of section 303(c) of title III of the Federal Property and Administrative Services Act of 1949 ( 41 U.S.C. 253(c) (in the case of contracts other than defense contracts).", "id": "H3759933D6E684873AEEA9D0433009B01", "header": "National emergency", "nested": [], "links": [ { "text": "section 2304(c)", "legal-doc": "usc", "parsable-cite": "usc/10/2304" }, { "text": "41 U.S.C. 253(c)", "legal-doc": "usc", "parsable-cite": "usc/41/253" } ] }, { "text": "(f) Rules of the senate and house \nThis section is enacted by Congress— (1) an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a resolution described in subsection (a), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.", "id": "H873431EB68E0415C8D87BEB4E6CC76F1", "header": "Rules of the senate and house", "nested": [], "links": [] } ], "links": [ { "text": "section 2304(c)", "legal-doc": "usc", "parsable-cite": "usc/10/2304" }, { "text": "41 U.S.C. 253(c)", "legal-doc": "usc", "parsable-cite": "usc/41/253" } ] } ]

[ "Rules Committee", "Armed Services Committee", "Oversight and Accountability Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H8E27E9EA82F443A1BBB1108E1067586F", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Requiring submission of plan by school Board for allocation of funds under mayor’s proposed budget \nSection 452 of the District of Columbia Home Rule Act (sec. 1–204.52, D.C. Official Code) is amended— (1) in the first sentence, by striking With respect to and inserting (a) Role of Mayor and Council.— With respect to ; (2) in the second sentence, by striking This section and inserting This subsection ; and (3) by adding at the end the following new subsection: (b) Plan for allocation of funds under proposed budget \n(1) Submission of plan to Council \nNot later than March 1 of each year or the date on which the Mayor makes the proposed annual budget for a year available under section 442 (whichever occurs later), the Board of Education shall submit to the Council a plan for the allocation of the Mayor’s proposed budget among various object classes and responsibility centers (as defined under regulations of the Board). (2) Contents \nThe plan submitted under this subsection shall include a detailed presentation of how much money will be allocated to each school, including— (A) a specific description of the amount of funds available to the school for which spending decisions are under the control of the school; and (B) a specific description of other responsibility center funds which will be spent in a manner directly benefiting the school, including funds which will be spent for personnel, equipment and supplies, property maintenance, and student services..", "id": "H516D603708D74EC08FD66665F17150C7", "header": "Requiring submission of plan by school Board for allocation of funds under mayor’s proposed budget", "nested": [], "links": [] }, { "text": "3. Multiyear contracting authority and leasing agreements for District of Columbia courts \n(a) Authority \nSubchapter III of chapter 17 of title 11, District of Columbia Code, is amended by inserting after section 11-1742 the following new section: 11-1742a. Multiyear contracting authority and leasing agreements \n(a) Severable services contracts for periods crossing fiscal years \nThe Executive Officer may enter into a contract for procurement of severable services in the same manner and to the same extent as the head of an executive agency may enter into such a contract under section 303L of title III of the Federal Property and Administrative Services Act of 1949 ( 41 U.S.C. 253l ). (b) Multiyear leasing agreements \n(1) Authority \nThe Executive Officer may enter into a lease agreement for the accommodation of the District of Columbia courts in a building which is in existence or being erected by the lessor to accommodate the District of Columbia courts. (2) Terms \nA lease agreement under this subsection shall be on terms the Executive Officer considers to be in the interest of the Federal Government and the District of Columbia and necessary for the accommodation of the District of Columbia courts. However, the lease agreement may not bind the District of Columbia courts for more than 10 years and the obligation of amounts for a lease under this subsection is limited to the current fiscal year for which payments are due without regard to section 1341(a)(1)(B) of title 31, United States Code. (c) Multiyear contracts \n(1) Authority \nThe Executive Officer may enter into a multiyear contract for the acquisition of property or services in the same manner and to the same extent as an executive agency may enter into such a contract under section 304B of title III of the Federal Property and Administrative Services Act of 1949 ( 41 U.S.C. 254c ). In applying such authority— (A) in section 304B(a)(2)(B)— (i) the best interests of the District of Columbia and the Federal Government shall be substituted for the best interests of the United States ; and (ii) the courts’ programs shall be substituted for the agency’s programs ; (B) the second sentence of section 304B(b), and subsection (e), shall not apply; and (C) in section 304B(c), $5,000,000 shall be substituted for $10,000,000. (2) Cancellation or termination for insufficient funding after first year \nIn the event that funds are not made available for the continuation of a multiyear contract for services into a subsequent fiscal year, the contract shall be canceled or terminated, and the costs of cancellation or termination may be paid from— (A) appropriations originally available for the performance of the contract concerned; (B) appropriations currently available for procurement of the type of services concerned, and not otherwise obligated; or (C) funds appropriated for those payments.. (b) Clerical Amendment \nThe table of sections for subchapter III of chapter 17 of title 11, District of Columbia Code, is amended by inserting after the item relating to section 11-1742 the following new item: 11-1742a. Multiyear contracting authority and leasing agreements.", "id": "H03349E4C57674C56B9D10020F8F33539", "header": "Multiyear contracting authority and leasing agreements for District of Columbia courts", "nested": [ { "text": "(a) Authority \nSubchapter III of chapter 17 of title 11, District of Columbia Code, is amended by inserting after section 11-1742 the following new section: 11-1742a. Multiyear contracting authority and leasing agreements \n(a) Severable services contracts for periods crossing fiscal years \nThe Executive Officer may enter into a contract for procurement of severable services in the same manner and to the same extent as the head of an executive agency may enter into such a contract under section 303L of title III of the Federal Property and Administrative Services Act of 1949 ( 41 U.S.C. 253l ). (b) Multiyear leasing agreements \n(1) Authority \nThe Executive Officer may enter into a lease agreement for the accommodation of the District of Columbia courts in a building which is in existence or being erected by the lessor to accommodate the District of Columbia courts. (2) Terms \nA lease agreement under this subsection shall be on terms the Executive Officer considers to be in the interest of the Federal Government and the District of Columbia and necessary for the accommodation of the District of Columbia courts. However, the lease agreement may not bind the District of Columbia courts for more than 10 years and the obligation of amounts for a lease under this subsection is limited to the current fiscal year for which payments are due without regard to section 1341(a)(1)(B) of title 31, United States Code. (c) Multiyear contracts \n(1) Authority \nThe Executive Officer may enter into a multiyear contract for the acquisition of property or services in the same manner and to the same extent as an executive agency may enter into such a contract under section 304B of title III of the Federal Property and Administrative Services Act of 1949 ( 41 U.S.C. 254c ). In applying such authority— (A) in section 304B(a)(2)(B)— (i) the best interests of the District of Columbia and the Federal Government shall be substituted for the best interests of the United States ; and (ii) the courts’ programs shall be substituted for the agency’s programs ; (B) the second sentence of section 304B(b), and subsection (e), shall not apply; and (C) in section 304B(c), $5,000,000 shall be substituted for $10,000,000. (2) Cancellation or termination for insufficient funding after first year \nIn the event that funds are not made available for the continuation of a multiyear contract for services into a subsequent fiscal year, the contract shall be canceled or terminated, and the costs of cancellation or termination may be paid from— (A) appropriations originally available for the performance of the contract concerned; (B) appropriations currently available for procurement of the type of services concerned, and not otherwise obligated; or (C) funds appropriated for those payments..", "id": "H7E39A1FAE0EC47FDA7F570673ECBF6A", "header": "Authority", "nested": [], "links": [ { "text": "chapter 17", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/11/17" }, { "text": "41 U.S.C. 253l", "legal-doc": "usc", "parsable-cite": "usc/41/253l" }, { "text": "section 1341(a)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/31/1341" }, { "text": "41 U.S.C. 254c", "legal-doc": "usc", "parsable-cite": "usc/41/254c" } ] }, { "text": "(b) Clerical Amendment \nThe table of sections for subchapter III of chapter 17 of title 11, District of Columbia Code, is amended by inserting after the item relating to section 11-1742 the following new item: 11-1742a. Multiyear contracting authority and leasing agreements.", "id": "H8D77D35934354B41B79EECD7388295E4", "header": "Clerical Amendment", "nested": [], "links": [ { "text": "chapter 17", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/11/17" } ] } ], "links": [ { "text": "chapter 17", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/11/17" }, { "text": "41 U.S.C. 253l", "legal-doc": "usc", "parsable-cite": "usc/41/253l" }, { "text": "section 1341(a)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/31/1341" }, { "text": "41 U.S.C. 254c", "legal-doc": "usc", "parsable-cite": "usc/41/254c" }, { "text": "chapter 17", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/11/17" } ] }, { "text": "11-1742a. Multiyear contracting authority and leasing agreements \n(a) Severable services contracts for periods crossing fiscal years \nThe Executive Officer may enter into a contract for procurement of severable services in the same manner and to the same extent as the head of an executive agency may enter into such a contract under section 303L of title III of the Federal Property and Administrative Services Act of 1949 ( 41 U.S.C. 253l ). (b) Multiyear leasing agreements \n(1) Authority \nThe Executive Officer may enter into a lease agreement for the accommodation of the District of Columbia courts in a building which is in existence or being erected by the lessor to accommodate the District of Columbia courts. (2) Terms \nA lease agreement under this subsection shall be on terms the Executive Officer considers to be in the interest of the Federal Government and the District of Columbia and necessary for the accommodation of the District of Columbia courts. However, the lease agreement may not bind the District of Columbia courts for more than 10 years and the obligation of amounts for a lease under this subsection is limited to the current fiscal year for which payments are due without regard to section 1341(a)(1)(B) of title 31, United States Code. (c) Multiyear contracts \n(1) Authority \nThe Executive Officer may enter into a multiyear contract for the acquisition of property or services in the same manner and to the same extent as an executive agency may enter into such a contract under section 304B of title III of the Federal Property and Administrative Services Act of 1949 ( 41 U.S.C. 254c ). In applying such authority— (A) in section 304B(a)(2)(B)— (i) the best interests of the District of Columbia and the Federal Government shall be substituted for the best interests of the United States ; and (ii) the courts’ programs shall be substituted for the agency’s programs ; (B) the second sentence of section 304B(b), and subsection (e), shall not apply; and (C) in section 304B(c), $5,000,000 shall be substituted for $10,000,000. (2) Cancellation or termination for insufficient funding after first year \nIn the event that funds are not made available for the continuation of a multiyear contract for services into a subsequent fiscal year, the contract shall be canceled or terminated, and the costs of cancellation or termination may be paid from— (A) appropriations originally available for the performance of the contract concerned; (B) appropriations currently available for procurement of the type of services concerned, and not otherwise obligated; or (C) funds appropriated for those payments.", "id": "HBD909DC7FB7F420700CAB03751DAE37E", "header": "Multiyear contracting authority and leasing agreements", "nested": [ { "text": "(a) Severable services contracts for periods crossing fiscal years \nThe Executive Officer may enter into a contract for procurement of severable services in the same manner and to the same extent as the head of an executive agency may enter into such a contract under section 303L of title III of the Federal Property and Administrative Services Act of 1949 ( 41 U.S.C. 253l ).", "id": "HA2D0B4088E384D7FBB71D0E9B19DAF08", "header": "Severable services contracts for periods crossing fiscal years", "nested": [], "links": [ { "text": "41 U.S.C. 253l", "legal-doc": "usc", "parsable-cite": "usc/41/253l" } ] }, { "text": "(b) Multiyear leasing agreements \n(1) Authority \nThe Executive Officer may enter into a lease agreement for the accommodation of the District of Columbia courts in a building which is in existence or being erected by the lessor to accommodate the District of Columbia courts. (2) Terms \nA lease agreement under this subsection shall be on terms the Executive Officer considers to be in the interest of the Federal Government and the District of Columbia and necessary for the accommodation of the District of Columbia courts. However, the lease agreement may not bind the District of Columbia courts for more than 10 years and the obligation of amounts for a lease under this subsection is limited to the current fiscal year for which payments are due without regard to section 1341(a)(1)(B) of title 31, United States Code.", "id": "H0CC6EE20B74141C4986132F61E5F305D", "header": "Multiyear leasing agreements", "nested": [], "links": [ { "text": "section 1341(a)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/31/1341" } ] }, { "text": "(c) Multiyear contracts \n(1) Authority \nThe Executive Officer may enter into a multiyear contract for the acquisition of property or services in the same manner and to the same extent as an executive agency may enter into such a contract under section 304B of title III of the Federal Property and Administrative Services Act of 1949 ( 41 U.S.C. 254c ). In applying such authority— (A) in section 304B(a)(2)(B)— (i) the best interests of the District of Columbia and the Federal Government shall be substituted for the best interests of the United States ; and (ii) the courts’ programs shall be substituted for the agency’s programs ; (B) the second sentence of section 304B(b), and subsection (e), shall not apply; and (C) in section 304B(c), $5,000,000 shall be substituted for $10,000,000. (2) Cancellation or termination for insufficient funding after first year \nIn the event that funds are not made available for the continuation of a multiyear contract for services into a subsequent fiscal year, the contract shall be canceled or terminated, and the costs of cancellation or termination may be paid from— (A) appropriations originally available for the performance of the contract concerned; (B) appropriations currently available for procurement of the type of services concerned, and not otherwise obligated; or (C) funds appropriated for those payments.", "id": "H502FB76F78104C9096F9B7EA8029CD83", "header": "Multiyear contracts", "nested": [], "links": [ { "text": "41 U.S.C. 254c", "legal-doc": "usc", "parsable-cite": "usc/41/254c" } ] } ], "links": [ { "text": "41 U.S.C. 253l", "legal-doc": "usc", "parsable-cite": "usc/41/253l" }, { "text": "section 1341(a)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/31/1341" }, { "text": "41 U.S.C. 254c", "legal-doc": "usc", "parsable-cite": "usc/41/254c" } ] }, { "text": "4. Establishment of academic year as fiscal year for District of Columbia schools \nSection 441 of the District of Columbia Home Rule Act (sec. 1–204.41, D.C. Official Code) is amended— (1) in the first sentence, by striking The fiscal year and inserting (a) In General.— Except as provided in subsection (b), the fiscal year ; (2) by striking the third sentence; and (3) by adding at the end the following new subsection: (b) Exceptions \n(1) Armory Board \nThe fiscal year for the Armory Board shall begin on the first day of January and shall end on the thirty-first day of December of each calendar year. (2) Schools \nEffective with respect to fiscal year 2007 and each succeeding fiscal year, the fiscal year for the District of Columbia Public Schools (including public charter schools) and the University of the District of Columbia shall begin on the first day of July and end on the thirtieth day of June of each calendar year..", "id": "H545A13668FC3495F9937D300B400FC65", "header": "Establishment of academic year as fiscal year for District of Columbia schools", "nested": [], "links": [] }, { "text": "5. Extension of deadline for Council to adopt budget to account for days of recess \nSection 446(a) of the District of Columbia Home Rule Act (sec. 1–204.46(a), D.C. Official Code), as amended by section 101(a), is amended by striking 50 calendar days and inserting 56 calendar days.", "id": "H09634E5820AD48D2B0688B79005BAE5B", "header": "Extension of deadline for Council to adopt budget to account for days of recess", "nested": [], "links": [] }, { "text": "6. Exemption of District government employees on compressed schedule from Federal overtime requirements \n(a) In general \nSection 7 of the Fair Labor Standards Act ( 29 U.S.C. 207 ) shall not apply to the hours of an employee of the District of Columbia government which constitute a compressed schedule. (b) Compressed schedule defined \nIn this section, the term compressed schedule means— (1) in the case of a full-time employee, an 80-hour biweekly basic work requirement which is scheduled for less than 10 workdays, and (2) in the case of a part-time employee, a biweekly basic work requirement of less than 80 hours which is scheduled for less than 10 workdays. (c) Effective Date \nThis section shall apply with respect to hours occurring on or after the date of the enactment of this Act.", "id": "H6D5FDF42CED44FE0BB75332E6C3CB862", "header": "Exemption of District government employees on compressed schedule from Federal overtime requirements", "nested": [ { "text": "(a) In general \nSection 7 of the Fair Labor Standards Act ( 29 U.S.C. 207 ) shall not apply to the hours of an employee of the District of Columbia government which constitute a compressed schedule.", "id": "HFAD312FFD1DB43AC80AC8B1C2EDE00FC", "header": "In general", "nested": [], "links": [ { "text": "29 U.S.C. 207", "legal-doc": "usc", "parsable-cite": "usc/29/207" } ] }, { "text": "(b) Compressed schedule defined \nIn this section, the term compressed schedule means— (1) in the case of a full-time employee, an 80-hour biweekly basic work requirement which is scheduled for less than 10 workdays, and (2) in the case of a part-time employee, a biweekly basic work requirement of less than 80 hours which is scheduled for less than 10 workdays.", "id": "H8CE7E17A4A1B45F5B2F4247B3F594D56", "header": "Compressed schedule defined", "nested": [], "links": [] }, { "text": "(c) Effective Date \nThis section shall apply with respect to hours occurring on or after the date of the enactment of this Act.", "id": "H417FD23B54BE4ED5BFF21864561F82C4", "header": "Effective Date", "nested": [], "links": [] } ], "links": [ { "text": "29 U.S.C. 207", "legal-doc": "usc", "parsable-cite": "usc/29/207" } ] }, { "text": "7. Availability of Enforced Annual Leave or Enforced Leave Without Pay as Disciplinary Action For Corporation Counsel Attorneys \n(a) In General \nSection 856(a) of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (sec. 1–608.56(a), D.C. Official Code) is amended by striking or reduction in grade, and inserting reduction in grade, or the placing of such attorney on enforced annual leave or enforced leave without pay,. (b) Effective Date \nThe amendment made by subsection (a) shall take effect on the date of the enactment of this Act.", "id": "HE03EA0533B404ADAB2D83127DDB891B4", "header": "Availability of Enforced Annual Leave or Enforced Leave Without Pay as Disciplinary Action For Corporation Counsel Attorneys", "nested": [ { "text": "(a) In General \nSection 856(a) of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (sec. 1–608.56(a), D.C. Official Code) is amended by striking or reduction in grade, and inserting reduction in grade, or the placing of such attorney on enforced annual leave or enforced leave without pay,.", "id": "H162A3C1F069542A8865359A85E007615", "header": "In General", "nested": [], "links": [] }, { "text": "(b) Effective Date \nThe amendment made by subsection (a) shall take effect on the date of the enactment of this Act.", "id": "H34693E39AE5548D1B49C41643D6234DA", "header": "Effective Date", "nested": [], "links": [] } ], "links": [] }, { "text": "8. Regulation of District of Columbia banks by Federal deposit insurance corporation \n(a) Federal Deposit Insurance Act \n(1) Section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ) is amended— (A) in subsection (a)(1)(A), by striking , State bank, and District bank and inserting and State bank ; (B) in subsection (a), by striking paragraph (4); (C) in subsection (q)(1), by striking , any District bank, ; (D) in subsection (q)(2)(A), by striking (except a District bank) ; and (E) in subsection (q)(3), by striking (except a District bank),. (2) Section 7(a)(1) of such Act ( 12 U.S.C. 1817(a)(1) ) is amended by striking (except a District bank). (3) Section 10(b)(2)(A) of such Act ( 12 U.S.C. 1820(b)(2)(A) ) is amended by striking (except a District bank). (4) Section 11 of such Act ( 12 U.S.C. 1821 ) is amended— (A) in subsection (c)(2)(A)(i), by striking or District bank ; (B) in subsection (c)(2)(A)(ii)— (i) by striking or District bank ; and (ii) by striking or the code of law for the District of Columbia ; and (C) in subsection (c)(3)(A), by striking (other than a District depository institution). (5) Section 18 of such Act ( 12 U.S.C. 1828 ) is amended— (A) in section (c)(2)(A), by striking or a District bank ; (B) in subsection (c)(2)(B), by striking (except a District bank) ; (C) in subsection (c)(2)(C), by striking a District Bank or ; (D) in subsection (d)(1), by striking (except a District bank) each place such term appears; (E) in subsection (f), by striking or a District bank ; (F) in subsection (i)(1), by striking (except a District bank) ; (G) in subsection (i)(2), by striking subparagraph (A) and by redesignating subparagraphs (B), (C), and (D) as subparagraphs (A), (B), and (C), respectively; (H) in subsection (i)(2)(A) (as so redesignated by subparagraph (G)), by striking (except a District bank) ; and (I) in subsection (i)(2)(B) (as so redesignated by subparagraph (G)), by striking (except a District bank). (b) National Housing Act \nSection 203(s)(5) of the National Housing Act ( 12 U.S.C. 1709(s)(5) ) is amended by striking or District bank. (c) Bank holding company Act \nThe Bank Holding Company Act of 1956 is amended— (1) in section 2(c) ( 12 U.S.C. 1841(c) ), by striking paragraph (3); and (2) in section 3(b)(1) ( 12 U.S.C. 1842(b)(1) ), by striking or a District bank. (d) Bank Protection Act of 1968 \nSection 2(1) of the Bank Protection Act of 1968 ( 12 U.S.C. 1881(1) ) is amended by striking and district banks. (e) Depository Institution Management Interlocks Act \nThe Depository Institution Management Interlocks Act ( 12 U.S.C. 3201 et seq. ) is amended— (1) in section 207(1), by striking and banks located in the District of Columbia ; and (2) in section 209(1), by striking and banks located in the District of Columbia. (f) Securities Exchange Act of 1934 \nThe Securities Exchange Act of 1934 is amended— (1) in section 3(a)(34) ( 15 U.S.C. 78c(34) ), by striking or a bank operating under the Code of Law for the District of Columbia each place such term appears in clause (i) of subparagraphs (A), (B), (C), (D), and (F); (2) in section 3(a)(34)(G)(i) ( 15 U.S.C. 78c(34)(G)(i) ), by striking , a bank in the District of Columbia examined by the Comptroller of the Currency, ; (3) in section 3(a)(34)(H)(i) ( 15 U.S.C. 78c(34)(H)(i) ), by striking or a bank in the District of Columbia examined by the Comptroller of the Currency ; (4) in section 12(i)(1) (15 U.S.C. 78 l (i)(1)), by striking and banks operating under the Code of Law for the District of Columbia ; (5) in section 17(f)(4)(A) ( 15 U.S.C. 78q(f)(4)(A) ), by striking and banks operating under the Code of Law for the District of Columbia ; and (6) in section 17(f)(4)(B) ( 15 U.S.C. 78q(f)(4)(B) ), by striking or a bank operating under the Code of Law for the District of Columbia. (g) National Bank Receivership Act \nThe National Bank Receivership Act is amended by striking section 6. (h) Federal Reserve Act \nThe last sentence of the 3rd undesignated paragraph of section 9 of the Federal Reserve Act ( 12 U.S.C. 321 ) is amended by striking (except within the District of Columbia). (i) Effective Date \nThe amendments made by this section shall take effect on the date of the enactment of this Act.", "id": "H2BC721F2CC2F4EF9B1C7155FDEAF2412", "header": "Regulation of District of Columbia banks by Federal deposit insurance corporation", "nested": [ { "text": "(a) Federal Deposit Insurance Act \n(1) Section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ) is amended— (A) in subsection (a)(1)(A), by striking , State bank, and District bank and inserting and State bank ; (B) in subsection (a), by striking paragraph (4); (C) in subsection (q)(1), by striking , any District bank, ; (D) in subsection (q)(2)(A), by striking (except a District bank) ; and (E) in subsection (q)(3), by striking (except a District bank),. (2) Section 7(a)(1) of such Act ( 12 U.S.C. 1817(a)(1) ) is amended by striking (except a District bank). (3) Section 10(b)(2)(A) of such Act ( 12 U.S.C. 1820(b)(2)(A) ) is amended by striking (except a District bank). (4) Section 11 of such Act ( 12 U.S.C. 1821 ) is amended— (A) in subsection (c)(2)(A)(i), by striking or District bank ; (B) in subsection (c)(2)(A)(ii)— (i) by striking or District bank ; and (ii) by striking or the code of law for the District of Columbia ; and (C) in subsection (c)(3)(A), by striking (other than a District depository institution). (5) Section 18 of such Act ( 12 U.S.C. 1828 ) is amended— (A) in section (c)(2)(A), by striking or a District bank ; (B) in subsection (c)(2)(B), by striking (except a District bank) ; (C) in subsection (c)(2)(C), by striking a District Bank or ; (D) in subsection (d)(1), by striking (except a District bank) each place such term appears; (E) in subsection (f), by striking or a District bank ; (F) in subsection (i)(1), by striking (except a District bank) ; (G) in subsection (i)(2), by striking subparagraph (A) and by redesignating subparagraphs (B), (C), and (D) as subparagraphs (A), (B), and (C), respectively; (H) in subsection (i)(2)(A) (as so redesignated by subparagraph (G)), by striking (except a District bank) ; and (I) in subsection (i)(2)(B) (as so redesignated by subparagraph (G)), by striking (except a District bank).", "id": "H18327AE7ED534157B3FD8551F78029A9", "header": "Federal Deposit Insurance Act", "nested": [], "links": [ { "text": "12 U.S.C. 1813", "legal-doc": "usc", "parsable-cite": "usc/12/1813" }, { "text": "12 U.S.C. 1817(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/12/1817" }, { "text": "12 U.S.C. 1820(b)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/12/1820" }, { "text": "12 U.S.C. 1821", "legal-doc": "usc", "parsable-cite": "usc/12/1821" }, { "text": "12 U.S.C. 1828", "legal-doc": "usc", "parsable-cite": "usc/12/1828" } ] }, { "text": "(b) National Housing Act \nSection 203(s)(5) of the National Housing Act ( 12 U.S.C. 1709(s)(5) ) is amended by striking or District bank.", "id": "H4E9B625314BF4A5C9DD44686DA5BAFAD", "header": "National Housing Act", "nested": [], "links": [ { "text": "12 U.S.C. 1709(s)(5)", "legal-doc": "usc", "parsable-cite": "usc/12/1709" } ] }, { "text": "(c) Bank holding company Act \nThe Bank Holding Company Act of 1956 is amended— (1) in section 2(c) ( 12 U.S.C. 1841(c) ), by striking paragraph (3); and (2) in section 3(b)(1) ( 12 U.S.C. 1842(b)(1) ), by striking or a District bank.", "id": "H38EFBB9421C849A2BA77B77BD0759F5D", "header": "Bank holding company Act", "nested": [], "links": [ { "text": "12 U.S.C. 1841(c)", "legal-doc": "usc", "parsable-cite": "usc/12/1841" }, { "text": "12 U.S.C. 1842(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/12/1842" } ] }, { "text": "(d) Bank Protection Act of 1968 \nSection 2(1) of the Bank Protection Act of 1968 ( 12 U.S.C. 1881(1) ) is amended by striking and district banks.", "id": "H8FCD9200C21F46A0BCBAE800B75454E5", "header": "Bank Protection Act of 1968", "nested": [], "links": [ { "text": "12 U.S.C. 1881(1)", "legal-doc": "usc", "parsable-cite": "usc/12/1881" } ] }, { "text": "(e) Depository Institution Management Interlocks Act \nThe Depository Institution Management Interlocks Act ( 12 U.S.C. 3201 et seq. ) is amended— (1) in section 207(1), by striking and banks located in the District of Columbia ; and (2) in section 209(1), by striking and banks located in the District of Columbia.", "id": "HA829EF4CEFA04F33A8784EDC6BABC517", "header": "Depository Institution Management Interlocks Act", "nested": [], "links": [ { "text": "12 U.S.C. 3201 et seq.", "legal-doc": "usc", "parsable-cite": "usc/12/3201" } ] }, { "text": "(f) Securities Exchange Act of 1934 \nThe Securities Exchange Act of 1934 is amended— (1) in section 3(a)(34) ( 15 U.S.C. 78c(34) ), by striking or a bank operating under the Code of Law for the District of Columbia each place such term appears in clause (i) of subparagraphs (A), (B), (C), (D), and (F); (2) in section 3(a)(34)(G)(i) ( 15 U.S.C. 78c(34)(G)(i) ), by striking , a bank in the District of Columbia examined by the Comptroller of the Currency, ; (3) in section 3(a)(34)(H)(i) ( 15 U.S.C. 78c(34)(H)(i) ), by striking or a bank in the District of Columbia examined by the Comptroller of the Currency ; (4) in section 12(i)(1) (15 U.S.C. 78 l (i)(1)), by striking and banks operating under the Code of Law for the District of Columbia ; (5) in section 17(f)(4)(A) ( 15 U.S.C. 78q(f)(4)(A) ), by striking and banks operating under the Code of Law for the District of Columbia ; and (6) in section 17(f)(4)(B) ( 15 U.S.C. 78q(f)(4)(B) ), by striking or a bank operating under the Code of Law for the District of Columbia.", "id": "H81337BD372924C90A7AA06E7AE30263", "header": "Securities Exchange Act of 1934", "nested": [], "links": [ { "text": "15 U.S.C. 78c(34)", "legal-doc": "usc", "parsable-cite": "usc/15/78c" }, { "text": "15 U.S.C. 78c(34)(G)(i)", "legal-doc": "usc", "parsable-cite": "usc/15/78c" }, { "text": "15 U.S.C. 78c(34)(H)(i)", "legal-doc": "usc", "parsable-cite": "usc/15/78c" }, { "text": "15 U.S.C. 78q(f)(4)(A)", "legal-doc": "usc", "parsable-cite": "usc/15/78q" }, { "text": "15 U.S.C. 78q(f)(4)(B)", "legal-doc": "usc", "parsable-cite": "usc/15/78q" } ] }, { "text": "(g) National Bank Receivership Act \nThe National Bank Receivership Act is amended by striking section 6.", "id": "H504D52483BCA47ABBF84B2B14E50AD29", "header": "National Bank Receivership Act", "nested": [], "links": [] }, { "text": "(h) Federal Reserve Act \nThe last sentence of the 3rd undesignated paragraph of section 9 of the Federal Reserve Act ( 12 U.S.C. 321 ) is amended by striking (except within the District of Columbia).", "id": "HA72A60D36C5E4A2D80C804B4017E3E0", "header": "Federal Reserve Act", "nested": [], "links": [ { "text": "12 U.S.C. 321", "legal-doc": "usc", "parsable-cite": "usc/12/321" } ] }, { "text": "(i) Effective Date \nThe amendments made by this section shall take effect on the date of the enactment of this Act.", "id": "H10B66973812F4670AD00E23E1C7BBECF", "header": "Effective Date", "nested": [], "links": [] } ], "links": [ { "text": "12 U.S.C. 1813", "legal-doc": "usc", "parsable-cite": "usc/12/1813" }, { "text": "12 U.S.C. 1817(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/12/1817" }, { "text": "12 U.S.C. 1820(b)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/12/1820" }, { "text": "12 U.S.C. 1821", "legal-doc": "usc", "parsable-cite": "usc/12/1821" }, { "text": "12 U.S.C. 1828", "legal-doc": "usc", "parsable-cite": "usc/12/1828" }, { "text": "12 U.S.C. 1709(s)(5)", "legal-doc": "usc", "parsable-cite": "usc/12/1709" }, { "text": "12 U.S.C. 1841(c)", "legal-doc": "usc", "parsable-cite": "usc/12/1841" }, { "text": "12 U.S.C. 1842(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/12/1842" }, { "text": "12 U.S.C. 1881(1)", "legal-doc": "usc", "parsable-cite": "usc/12/1881" }, { "text": "12 U.S.C. 3201 et seq.", "legal-doc": "usc", "parsable-cite": "usc/12/3201" }, { "text": "15 U.S.C. 78c(34)", "legal-doc": "usc", "parsable-cite": "usc/15/78c" }, { "text": "15 U.S.C. 78c(34)(G)(i)", "legal-doc": "usc", "parsable-cite": "usc/15/78c" }, { "text": "15 U.S.C. 78c(34)(H)(i)", "legal-doc": "usc", "parsable-cite": "usc/15/78c" }, { "text": "15 U.S.C. 78q(f)(4)(A)", "legal-doc": "usc", "parsable-cite": "usc/15/78q" }, { "text": "15 U.S.C. 78q(f)(4)(B)", "legal-doc": "usc", "parsable-cite": "usc/15/78q" }, { "text": "12 U.S.C. 321", "legal-doc": "usc", "parsable-cite": "usc/12/321" } ] }, { "text": "9. Effective date \nExcept as otherwise provided, this Act and the amendments made by this Act shall apply with respect to fiscal year 2005 and each succeeding fiscal year.", "id": "H9E8150D6283A41DDA1983567A6F0C0D0", "header": "Effective date", "nested": [], "links": [] } ]

[ "Homeland Security and Governmental Affairs Committee", "Financial Services Committee", "Education and the Workforce Committee", "Oversight and Accountability Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H54B20B9AE2A24676A0FC7E4F2B7DA5B0", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Inclusion in annual report of medicare trustees of information on status of Medicare Prescription Drug Account \n(a) Determinations of excess general revenue medicare prescription drug funding \n(1) In general \nOn the same date on which the President submits a budget to Congress, the Secretary of Health and Human Services (in this Act referred to as the Secretary ), shall submit to Congress a determination as to whether there is projected to be excess general revenue medicare prescription drug funding (as defined in subsection (b)) for the fiscal year for which the budget is submitted. (2) Medicare part d funding warning \nFor purposes of section 1105(i) of title 31, United States Code, and this Act, an affirmative determination under paragraph (1) by the Secretary shall be treated as a medicare part D funding warning in the fiscal year beginning on October 1 of the year in which the determination is submitted to Congress. (b) Definitions \nFor purposes of this section: (1) Excess general revenue medicare prescription drug funding \nThe term excess general revenue medicare prescription drug funding means, with respect to a fiscal year during the period beginning on the date of enactment of this Act and ending on September 30, 2013, that— (A) the amounts deposited in the Medicare Prescription Drug Account under section 1860D–16(c)(2) ( 42 U.S.C. 1395w–116(c)(2) ), as added by section 101 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ); exceed (B) the part D target amount (as defined in paragraph (2)). (2) Part D target amount \nThe term part D target amount means for a year— (A) for fiscal year 2005, $800,000,000; (B) for fiscal year 2006, $25,700,000,000; (C) for fiscal year 2007, $39,000,000,000; (D) for fiscal year 2008, $44,600,000,000; (E) for fiscal year 2009, $48,700,000,000; (F) for fiscal year 2010, $53,700,000,000; (G) for fiscal year 2011, $58,600,000,000; (H) for fiscal year 2012, $65,300,000,000; and (I) for fiscal year 2013, $73,100,000,000. (c) Technical amendment \nSection 1860D–16(c)(3) of the Social Security Act ( 42 U.S.C. 1395w–116(c)(3) ), as added by section 101 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), is amended by striking under paragraph (1) or subsection (a)(2) and inserting under paragraph (1), (2), or (4), gifts and bequests as may be made as provided in section 201(i)(1), or accrued interest on balances in the Account.", "id": "HD74C57DB6B77462F83637568C51700A9", "header": "Inclusion in annual report of medicare trustees of information on status of Medicare Prescription Drug Account", "nested": [ { "text": "(a) Determinations of excess general revenue medicare prescription drug funding \n(1) In general \nOn the same date on which the President submits a budget to Congress, the Secretary of Health and Human Services (in this Act referred to as the Secretary ), shall submit to Congress a determination as to whether there is projected to be excess general revenue medicare prescription drug funding (as defined in subsection (b)) for the fiscal year for which the budget is submitted. (2) Medicare part d funding warning \nFor purposes of section 1105(i) of title 31, United States Code, and this Act, an affirmative determination under paragraph (1) by the Secretary shall be treated as a medicare part D funding warning in the fiscal year beginning on October 1 of the year in which the determination is submitted to Congress.", "id": "HE3CE14A734B34E2AAB19C7085BF4B4D4", "header": "Determinations of excess general revenue medicare prescription drug funding", "nested": [], "links": [ { "text": "section 1105(i)", "legal-doc": "usc", "parsable-cite": "usc/31/1105" } ] }, { "text": "(b) Definitions \nFor purposes of this section: (1) Excess general revenue medicare prescription drug funding \nThe term excess general revenue medicare prescription drug funding means, with respect to a fiscal year during the period beginning on the date of enactment of this Act and ending on September 30, 2013, that— (A) the amounts deposited in the Medicare Prescription Drug Account under section 1860D–16(c)(2) ( 42 U.S.C. 1395w–116(c)(2) ), as added by section 101 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ); exceed (B) the part D target amount (as defined in paragraph (2)). (2) Part D target amount \nThe term part D target amount means for a year— (A) for fiscal year 2005, $800,000,000; (B) for fiscal year 2006, $25,700,000,000; (C) for fiscal year 2007, $39,000,000,000; (D) for fiscal year 2008, $44,600,000,000; (E) for fiscal year 2009, $48,700,000,000; (F) for fiscal year 2010, $53,700,000,000; (G) for fiscal year 2011, $58,600,000,000; (H) for fiscal year 2012, $65,300,000,000; and (I) for fiscal year 2013, $73,100,000,000.", "id": "H2B8EB9E11E764D1A8FEC30D1A302B7B0", "header": "Definitions", "nested": [], "links": [ { "text": "42 U.S.C. 1395w–116(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-116" }, { "text": "Public Law 108–173", "legal-doc": "public-law", "parsable-cite": "pl/108/173" } ] }, { "text": "(c) Technical amendment \nSection 1860D–16(c)(3) of the Social Security Act ( 42 U.S.C. 1395w–116(c)(3) ), as added by section 101 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), is amended by striking under paragraph (1) or subsection (a)(2) and inserting under paragraph (1), (2), or (4), gifts and bequests as may be made as provided in section 201(i)(1), or accrued interest on balances in the Account.", "id": "H0B679D80308A4C5083E447E352D5805E", "header": "Technical amendment", "nested": [], "links": [ { "text": "42 U.S.C. 1395w–116(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-116" }, { "text": "Public Law 108–173", "legal-doc": "public-law", "parsable-cite": "pl/108/173" } ] } ], "links": [ { "text": "section 1105(i)", "legal-doc": "usc", "parsable-cite": "usc/31/1105" }, { "text": "42 U.S.C. 1395w–116(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-116" }, { "text": "Public Law 108–173", "legal-doc": "public-law", "parsable-cite": "pl/108/173" }, { "text": "42 U.S.C. 1395w–116(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-116" }, { "text": "Public Law 108–173", "legal-doc": "public-law", "parsable-cite": "pl/108/173" } ] }, { "text": "3. Presidential submission of legislation \n(a) In general \nSection 1105 of title 31, United States Code, as amended by section 802(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), is amended by adding at the end the following new subsection: (i) (1) If there is a medicare part D funding warning under section 2(a)(2) of the made in a year, the President shall submit to Congress, within the 15-day period beginning on the date of the budget submission to Congress under subsection (a) for the succeeding year, proposed legislation to respond to such warning. (2) Paragraph (1) does not apply if, during the year in which the warning is made, legislation is enacted which eliminates excess general revenue medicare funding (as defined in section 2(b) of the ) for the period beginning with the fiscal year for which the determination is made and ending on September 30, 2013, as certified by the Board of Trustees of the Federal Supplementary Medicare Insurance Trust Fund not later than 30 days after the date of the enactment of such legislation.. (b) Sense of Congress \nIt is the sense of Congress that legislation submitted pursuant to section 1105(i) of title 31, United States Code, in a year should be designed to eliminate excess general revenue medicare funding (as defined in section 2(b)) for the period that begins with the fiscal year for which the determination is made and ends on September 30, 2013.", "id": "HCBB3796DE35E450F9EFA259500A8625C", "header": "Presidential submission of legislation", "nested": [ { "text": "(a) In general \nSection 1105 of title 31, United States Code, as amended by section 802(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), is amended by adding at the end the following new subsection: (i) (1) If there is a medicare part D funding warning under section 2(a)(2) of the made in a year, the President shall submit to Congress, within the 15-day period beginning on the date of the budget submission to Congress under subsection (a) for the succeeding year, proposed legislation to respond to such warning. (2) Paragraph (1) does not apply if, during the year in which the warning is made, legislation is enacted which eliminates excess general revenue medicare funding (as defined in section 2(b) of the ) for the period beginning with the fiscal year for which the determination is made and ending on September 30, 2013, as certified by the Board of Trustees of the Federal Supplementary Medicare Insurance Trust Fund not later than 30 days after the date of the enactment of such legislation..", "id": "H68447C84A82843C900C4BE90BA6FDF92", "header": "In general", "nested": [], "links": [ { "text": "Section 1105", "legal-doc": "usc", "parsable-cite": "usc/31/1105" }, { "text": "Public Law 108–173", "legal-doc": "public-law", "parsable-cite": "pl/108/173" } ] }, { "text": "(b) Sense of Congress \nIt is the sense of Congress that legislation submitted pursuant to section 1105(i) of title 31, United States Code, in a year should be designed to eliminate excess general revenue medicare funding (as defined in section 2(b)) for the period that begins with the fiscal year for which the determination is made and ends on September 30, 2013.", "id": "HB9E710FEB0EE47E5BAE608E3D700C7BD", "header": "Sense of Congress", "nested": [], "links": [ { "text": "section 1105(i)", "legal-doc": "usc", "parsable-cite": "usc/31/1105" } ] } ], "links": [ { "text": "Section 1105", "legal-doc": "usc", "parsable-cite": "usc/31/1105" }, { "text": "Public Law 108–173", "legal-doc": "public-law", "parsable-cite": "pl/108/173" }, { "text": "section 1105(i)", "legal-doc": "usc", "parsable-cite": "usc/31/1105" } ] }, { "text": "4. Procedures in the House of Representatives \n(a) Introduction and referral of president’s legislative proposal \n(1) Introduction \nIn the case of a legislative proposal submitted by the President pursuant to section 1105(i) of title 31, United States Code, as added by section 3(a), within the 15-day period specified in paragraph (1) of such section, the majority leader of the House of Representatives (or his designee) and the minority leader of the House of Representatives (or his designee) shall introduce such proposal (by request), the title of which is as follows: A bill to respond to a medicare part D funding warning. Such bill shall be introduced within 3 legislative days after Congress receives such proposal. (2) Referral \nAny legislation introduced pursuant to paragraph (1) shall be referred to the appropriate committees of the House of Representatives. (b) Direction to the appropriate House committees \n(1) In general \nIn the House, in any year during which the President is required to submit proposed legislation to Congress under section 1105(i) of title 31, United States Code, the appropriate committees shall report medicare funding legislation by not later than June 30 of such year. (2) Medicare funding legislation \nFor purposes of this section, the term medicare funding legislation means— (A) legislation introduced pursuant to subsection (a)(1), but only if the legislative proposal upon which the legislation is based was submitted within the 15-day period referred to in such subsection; or (B) any bill the title of which is as follows: A bill to respond to a medicare part D funding warning.. (3) Certification \nWith respect to any medicare funding legislation or any amendment to such legislation to respond to a medicare part D funding warning, the chairman of the Committee on the Budget of the House shall certify— (A) whether or not such legislation eliminates excess general revenue medicare funding (as defined in section 2(c)) for each fiscal year during the period beginning with the fiscal year for which the determination is made and ending on September 30, 2013; and (B) with respect to such an amendment, whether the legislation, as amended, would eliminate excess general revenue medicare funding (as defined in section 2(c)) for each fiscal year in such period. (c) Fallback procedure for floor consideration if the House fails to vote on final passage by July 30 \n(1) After July 30 of any year during which the President is required to submit proposed legislation to Congress under section 1105(i) of title 31, United States Code, unless the House of Representatives has voted on final passage of any medicare funding legislation for which there is an affirmative certification under subsection (b)(3)(A), then, after the expiration of not less than 30 calendar days (and concurrently 5 legislative days), it is in order to move to discharge any committee to which medicare funding legislation which has such a certification and which has been referred to such committee for 30 calendar days from further consideration of the legislation. (2) A motion to discharge may be made only by an individual favoring the legislation, may be made only if supported by 1/5 of the total membership of the House of Representatives (a quorum being present), and is highly privileged in the House of Representatives. Debate thereon shall be limited to not more than 1 hour, the time to be divided in the House of Representatives equally between those favoring and those opposing the motion. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (3) Only 1 motion to discharge a particular committee may be adopted under this subsection in any session of Congress. (4) Notwithstanding paragraph (1), it shall not be in order to move to discharge a committee from further consideration of medicare funding legislation pursuant to this subsection during a session of Congress if, during the previous session of the Congress, the House of Representatives passed medicare funding legislation for which there is an affirmative certification under subsection (b)(3)(A). (d) Floor consideration in the House of discharged legislation \n(1) In the House, not later than 3 legislative days after any committee has been discharged from further consideration of legislation under subsection (c), the Speaker shall resolve the House into the Committee of the Whole for consideration of the legislation. (2) The first reading of the legislation shall be dispensed with. All points of order against consideration of the legislation are waived. General debate shall be confined to the legislation and shall not exceed 5 hours, which shall be divided equally between those favoring and those opposing the legislation. After general debate the legislation shall be considered for amendment under the 5-minute rule. During consideration of the legislation, no amendments shall be in order in the House of Representatives or in the Committee of the Whole except those for which there has been an affirmative certification under subsection (b)(3)(B). All points of order against consideration of any such amendment in the Committee of the Whole are waived. The legislation, together with any amendments which shall be in order, shall be considered as read. During the consideration of the bill for amendment, the Chairman of the Committee of the Whole may accord priority in recognition on the basis of whether the Member offering an amendment has caused it to be printed in the portion of the Congressional Record designated for that purpose in clause 8 of Rule XVIII of the Rules of the House of Representatives. Debate on any amendment shall not exceed 1 hour, which shall be divided equally between those favoring and those opposing the amendment, and no pro forma amendments shall be offered during the debate. The total time for debate on all amendments shall not exceed 10 hours. At the conclusion of consideration of the legislation for amendment, the Committee shall rise and report the legislation to the House of Representatives with such amendments as may have been adopted. The previous question shall be considered as ordered on the legislation and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions. If the Committee of the Whole rises and reports that it has come to no resolution on the bill, then on the next legislative day the House of Representatives shall, immediately after the third daily order of business under clause 1 of Rule XIV of the Rules of the House of Representatives, resolve into the Committee of the Whole for further consideration of the bill. (3) All appeals from the decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to any such legislation shall be decided without debate. (4) Except to the extent specifically provided in the preceding provisions of this subsection, consideration of any such legislation and amendments thereto (or any conference report thereon) shall be governed by the Rules of the House of Representatives applicable to other bills and resolutions, amendments, and conference reports in similar circumstances. (e) Legislative day defined \nAs used in this section, the term legislative day means a day on which the House of Representatives is in session. (f) Restriction on waiver \nIn the House of Representatives, the provisions of this section may be waived only by a rule or order proposing only to waive such provisions. (g) Rulemaking power \nThe provisions of this section are enacted by the Congress— (1) as an exercise of the rulemaking power of the House of Representatives and, as such, shall be considered as part of the rules of that House of Representatives and shall supersede other rules only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of that House to change the rules (so far as they relate to the procedures of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.", "id": "H22AA04B3C4EE4FA6A8967CAC061B3043", "header": "Procedures in the House of Representatives", "nested": [ { "text": "(a) Introduction and referral of president’s legislative proposal \n(1) Introduction \nIn the case of a legislative proposal submitted by the President pursuant to section 1105(i) of title 31, United States Code, as added by section 3(a), within the 15-day period specified in paragraph (1) of such section, the majority leader of the House of Representatives (or his designee) and the minority leader of the House of Representatives (or his designee) shall introduce such proposal (by request), the title of which is as follows: A bill to respond to a medicare part D funding warning. Such bill shall be introduced within 3 legislative days after Congress receives such proposal. (2) Referral \nAny legislation introduced pursuant to paragraph (1) shall be referred to the appropriate committees of the House of Representatives.", "id": "H8A7D1D47B14048619674D864BE3DCEFE", "header": "Introduction and referral of president’s legislative proposal", "nested": [], "links": [ { "text": "section 1105(i)", "legal-doc": "usc", "parsable-cite": "usc/31/1105" } ] }, { "text": "(b) Direction to the appropriate House committees \n(1) In general \nIn the House, in any year during which the President is required to submit proposed legislation to Congress under section 1105(i) of title 31, United States Code, the appropriate committees shall report medicare funding legislation by not later than June 30 of such year. (2) Medicare funding legislation \nFor purposes of this section, the term medicare funding legislation means— (A) legislation introduced pursuant to subsection (a)(1), but only if the legislative proposal upon which the legislation is based was submitted within the 15-day period referred to in such subsection; or (B) any bill the title of which is as follows: A bill to respond to a medicare part D funding warning.. (3) Certification \nWith respect to any medicare funding legislation or any amendment to such legislation to respond to a medicare part D funding warning, the chairman of the Committee on the Budget of the House shall certify— (A) whether or not such legislation eliminates excess general revenue medicare funding (as defined in section 2(c)) for each fiscal year during the period beginning with the fiscal year for which the determination is made and ending on September 30, 2013; and (B) with respect to such an amendment, whether the legislation, as amended, would eliminate excess general revenue medicare funding (as defined in section 2(c)) for each fiscal year in such period.", "id": "HD0BEE3A66BD64CC7835DEFFD69D0000", "header": "Direction to the appropriate House committees", "nested": [], "links": [ { "text": "section 1105(i)", "legal-doc": "usc", "parsable-cite": "usc/31/1105" } ] }, { "text": "(c) Fallback procedure for floor consideration if the House fails to vote on final passage by July 30 \n(1) After July 30 of any year during which the President is required to submit proposed legislation to Congress under section 1105(i) of title 31, United States Code, unless the House of Representatives has voted on final passage of any medicare funding legislation for which there is an affirmative certification under subsection (b)(3)(A), then, after the expiration of not less than 30 calendar days (and concurrently 5 legislative days), it is in order to move to discharge any committee to which medicare funding legislation which has such a certification and which has been referred to such committee for 30 calendar days from further consideration of the legislation. (2) A motion to discharge may be made only by an individual favoring the legislation, may be made only if supported by 1/5 of the total membership of the House of Representatives (a quorum being present), and is highly privileged in the House of Representatives. Debate thereon shall be limited to not more than 1 hour, the time to be divided in the House of Representatives equally between those favoring and those opposing the motion. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (3) Only 1 motion to discharge a particular committee may be adopted under this subsection in any session of Congress. (4) Notwithstanding paragraph (1), it shall not be in order to move to discharge a committee from further consideration of medicare funding legislation pursuant to this subsection during a session of Congress if, during the previous session of the Congress, the House of Representatives passed medicare funding legislation for which there is an affirmative certification under subsection (b)(3)(A).", "id": "HE3F49EF6BE92414689465BA300427ED3", "header": "Fallback procedure for floor consideration if the House fails to vote on final passage by July 30", "nested": [], "links": [ { "text": "section 1105(i)", "legal-doc": "usc", "parsable-cite": "usc/31/1105" } ] }, { "text": "(d) Floor consideration in the House of discharged legislation \n(1) In the House, not later than 3 legislative days after any committee has been discharged from further consideration of legislation under subsection (c), the Speaker shall resolve the House into the Committee of the Whole for consideration of the legislation. (2) The first reading of the legislation shall be dispensed with. All points of order against consideration of the legislation are waived. General debate shall be confined to the legislation and shall not exceed 5 hours, which shall be divided equally between those favoring and those opposing the legislation. After general debate the legislation shall be considered for amendment under the 5-minute rule. During consideration of the legislation, no amendments shall be in order in the House of Representatives or in the Committee of the Whole except those for which there has been an affirmative certification under subsection (b)(3)(B). All points of order against consideration of any such amendment in the Committee of the Whole are waived. The legislation, together with any amendments which shall be in order, shall be considered as read. During the consideration of the bill for amendment, the Chairman of the Committee of the Whole may accord priority in recognition on the basis of whether the Member offering an amendment has caused it to be printed in the portion of the Congressional Record designated for that purpose in clause 8 of Rule XVIII of the Rules of the House of Representatives. Debate on any amendment shall not exceed 1 hour, which shall be divided equally between those favoring and those opposing the amendment, and no pro forma amendments shall be offered during the debate. The total time for debate on all amendments shall not exceed 10 hours. At the conclusion of consideration of the legislation for amendment, the Committee shall rise and report the legislation to the House of Representatives with such amendments as may have been adopted. The previous question shall be considered as ordered on the legislation and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions. If the Committee of the Whole rises and reports that it has come to no resolution on the bill, then on the next legislative day the House of Representatives shall, immediately after the third daily order of business under clause 1 of Rule XIV of the Rules of the House of Representatives, resolve into the Committee of the Whole for further consideration of the bill. (3) All appeals from the decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to any such legislation shall be decided without debate. (4) Except to the extent specifically provided in the preceding provisions of this subsection, consideration of any such legislation and amendments thereto (or any conference report thereon) shall be governed by the Rules of the House of Representatives applicable to other bills and resolutions, amendments, and conference reports in similar circumstances.", "id": "HABFD77AF24C84B7DAC8CF9C72966AA48", "header": "Floor consideration in the House of discharged legislation", "nested": [], "links": [] }, { "text": "(e) Legislative day defined \nAs used in this section, the term legislative day means a day on which the House of Representatives is in session.", "id": "HE95032BA4CE54E598900EA4FFE24DCB", "header": "Legislative day defined", "nested": [], "links": [] }, { "text": "(f) Restriction on waiver \nIn the House of Representatives, the provisions of this section may be waived only by a rule or order proposing only to waive such provisions.", "id": "H443EC28592BF4D518DC335B397A4CDCA", "header": "Restriction on waiver", "nested": [], "links": [] }, { "text": "(g) Rulemaking power \nThe provisions of this section are enacted by the Congress— (1) as an exercise of the rulemaking power of the House of Representatives and, as such, shall be considered as part of the rules of that House of Representatives and shall supersede other rules only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of that House to change the rules (so far as they relate to the procedures of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.", "id": "HDBA2E10C881E4D7FBBA626B1ED64F61", "header": "Rulemaking power", "nested": [], "links": [] } ], "links": [ { "text": "section 1105(i)", "legal-doc": "usc", "parsable-cite": "usc/31/1105" }, { "text": "section 1105(i)", "legal-doc": "usc", "parsable-cite": "usc/31/1105" }, { "text": "section 1105(i)", "legal-doc": "usc", "parsable-cite": "usc/31/1105" } ] }, { "text": "5. Procedures in the Senate \n(a) Introduction and referral of president’s legislative proposal \n(1) Introduction \nIn the case of a legislative proposal submitted by the President pursuant to section 1105(i) of title 31, United States Code, within the 15-day period specified in paragraph (1) of such section, the majority leader and minority leader of the Senate (or their designees) shall introduce such proposal (by request), the title of which is as follows: A bill to respond to a medicare part D funding warning. Such bill shall be introduced within 3 days of session after Congress receives such proposal. (2) Referral \nAny legislation introduced pursuant to paragraph (1) shall be referred to the Committee on Finance. (b) Medicare funding legislation \nFor purposes of this section, the term medicare funding legislation means— (1) legislation introduced pursuant to subsection (a)(1), but only if the legislative proposal upon which the legislation is based was submitted within the 15-day period referred to in such subsection; or (2) any bill the title of which is as follows: A bill to respond to a medicare part D funding warning.. (c) Qualification for special procedures \n(1) In general \nThe special procedures set forth in subsections (d) and (e) shall apply to medicare funding legislation, as described in subsection (b), only if the legislation— (A) is medicare funding legislation that is passed by the House of Representatives; or (B) contains matter within the jurisdiction of the Committee on Finance in the Senate. (2) Failure to qualify for special procedures \nIf the medicare funding legislation does not satisfy paragraph (1), then the legislation shall be considered under the ordinary procedures of the Standing Rules of the Senate. (d) Discharge \n(1) In general \nIf the Committee on Finance of the Senate has not reported medicare funding legislation described in subsection (c)(1) by June 30 of a year in which the President is required to submit medicare funding legislation to Congress under section 1105(i) of title 31, United States Code, then any Senator may move to discharge the Committee of any single medicare funding legislation measure. Only 1 such motion shall be in order in any session of Congress. (2) Debate limits \nDebate in the Senate on any such motion to discharge, and all appeals in connection therewith, shall be limited to not more than 2 hours. The time shall be equally divided between, and controlled by, the maker of the motion and the majority leader, or their designees, except that in the event the majority leader is in favor of such motion, the time in opposition thereto shall be controlled by the minority leader or the minority leader’s designee. A point of order under this subsection may be made at any time. It is not in order to move to proceed to another measure or matter while such motion (or the motion to reconsider such motion) is pending. (3) Amendments \nNo amendment to the motion to discharge shall be in order. (4) Exception if certified legislation enacted \nNotwithstanding paragraph (1), it shall not be in order to discharge the Committee from further consideration of medicare funding legislation pursuant to this subsection during a session of a Congress if the chairman of the Committee on the Budget of the Senate certifies that medicare funding legislation has been enacted that eliminates excess general revenue medicare funding (as defined in section 2(c)) for each fiscal year in the period beginning with the fiscal year for which the determination is made and ending on September 30, 2013. (e) Consideration \nAfter the date on which the Committee on Finance of the Senate has reported medicare funding legislation described in subsection (c)(1), or has been discharged (under subsection (d)) from further consideration of, such legislation, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the Senate to move to proceed to the consideration of such legislation. (f) Rules of the Senate \nThis section is enacted by the Senate— (1) as an exercise of the rulemaking power of the Senate and as such it is deemed a part of the rules of the Senate, but applicable only with respect to the procedure to be followed in the Senate in the case of a bill described in this paragraph, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of the Senate to change the rules (so far as relating to the procedure of the Senate) at any time, in the same manner, and to the same extent as in the case of any other rule of the Senate.", "id": "H59C018E9F8224C28915265121D6BF57F", "header": "Procedures in the Senate", "nested": [ { "text": "(a) Introduction and referral of president’s legislative proposal \n(1) Introduction \nIn the case of a legislative proposal submitted by the President pursuant to section 1105(i) of title 31, United States Code, within the 15-day period specified in paragraph (1) of such section, the majority leader and minority leader of the Senate (or their designees) shall introduce such proposal (by request), the title of which is as follows: A bill to respond to a medicare part D funding warning. Such bill shall be introduced within 3 days of session after Congress receives such proposal. (2) Referral \nAny legislation introduced pursuant to paragraph (1) shall be referred to the Committee on Finance.", "id": "H47F6587D482A4160BE3C46C45421F630", "header": "Introduction and referral of president’s legislative proposal", "nested": [], "links": [ { "text": "section 1105(i)", "legal-doc": "usc", "parsable-cite": "usc/31/1105" } ] }, { "text": "(b) Medicare funding legislation \nFor purposes of this section, the term medicare funding legislation means— (1) legislation introduced pursuant to subsection (a)(1), but only if the legislative proposal upon which the legislation is based was submitted within the 15-day period referred to in such subsection; or (2) any bill the title of which is as follows: A bill to respond to a medicare part D funding warning..", "id": "H13A565B4067B453B89ED10FDB6BEE8D0", "header": "Medicare funding legislation", "nested": [], "links": [] }, { "text": "(c) Qualification for special procedures \n(1) In general \nThe special procedures set forth in subsections (d) and (e) shall apply to medicare funding legislation, as described in subsection (b), only if the legislation— (A) is medicare funding legislation that is passed by the House of Representatives; or (B) contains matter within the jurisdiction of the Committee on Finance in the Senate. (2) Failure to qualify for special procedures \nIf the medicare funding legislation does not satisfy paragraph (1), then the legislation shall be considered under the ordinary procedures of the Standing Rules of the Senate.", "id": "H8ACC8B2CB88F4ADCB4AE12DCAD652635", "header": "Qualification for special procedures", "nested": [], "links": [] }, { "text": "(d) Discharge \n(1) In general \nIf the Committee on Finance of the Senate has not reported medicare funding legislation described in subsection (c)(1) by June 30 of a year in which the President is required to submit medicare funding legislation to Congress under section 1105(i) of title 31, United States Code, then any Senator may move to discharge the Committee of any single medicare funding legislation measure. Only 1 such motion shall be in order in any session of Congress. (2) Debate limits \nDebate in the Senate on any such motion to discharge, and all appeals in connection therewith, shall be limited to not more than 2 hours. The time shall be equally divided between, and controlled by, the maker of the motion and the majority leader, or their designees, except that in the event the majority leader is in favor of such motion, the time in opposition thereto shall be controlled by the minority leader or the minority leader’s designee. A point of order under this subsection may be made at any time. It is not in order to move to proceed to another measure or matter while such motion (or the motion to reconsider such motion) is pending. (3) Amendments \nNo amendment to the motion to discharge shall be in order. (4) Exception if certified legislation enacted \nNotwithstanding paragraph (1), it shall not be in order to discharge the Committee from further consideration of medicare funding legislation pursuant to this subsection during a session of a Congress if the chairman of the Committee on the Budget of the Senate certifies that medicare funding legislation has been enacted that eliminates excess general revenue medicare funding (as defined in section 2(c)) for each fiscal year in the period beginning with the fiscal year for which the determination is made and ending on September 30, 2013.", "id": "HBBEDA25564924E8C92BF002169903C51", "header": "Discharge", "nested": [], "links": [ { "text": "section 1105(i)", "legal-doc": "usc", "parsable-cite": "usc/31/1105" } ] }, { "text": "(e) Consideration \nAfter the date on which the Committee on Finance of the Senate has reported medicare funding legislation described in subsection (c)(1), or has been discharged (under subsection (d)) from further consideration of, such legislation, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the Senate to move to proceed to the consideration of such legislation.", "id": "H3A569ACE29D34ED2B51BE72104EB68B6", "header": "Consideration", "nested": [], "links": [] }, { "text": "(f) Rules of the Senate \nThis section is enacted by the Senate— (1) as an exercise of the rulemaking power of the Senate and as such it is deemed a part of the rules of the Senate, but applicable only with respect to the procedure to be followed in the Senate in the case of a bill described in this paragraph, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of the Senate to change the rules (so far as relating to the procedure of the Senate) at any time, in the same manner, and to the same extent as in the case of any other rule of the Senate.", "id": "H82137075760E43A29008F46C622D3B84", "header": "Rules of the Senate", "nested": [], "links": [] } ], "links": [ { "text": "section 1105(i)", "legal-doc": "usc", "parsable-cite": "usc/31/1105" }, { "text": "section 1105(i)", "legal-doc": "usc", "parsable-cite": "usc/31/1105" } ] } ]

[ "Energy and Commerce Committee", "Ways and Means Committee", "Rules Committee" ]

[ { "text": "1. Prohibition on operation of medicare comparative cost adjustment (CCA) program in Michigan \nSection 1860C–1(b)(2) of the Social Security Act ( 42 U.S.C. 1395w–29(b)(2) ), as added by section 241(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), is amended by adding at the end the following new subparagraph: (C) No part in Michigan \nNo part of the MSA is in Michigan..", "id": "HE799241851F74783AC37AFF3D6F8810", "header": "Prohibition on operation of medicare comparative cost adjustment (CCA) program in Michigan", "nested": [], "links": [ { "text": "42 U.S.C. 1395w–29(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-29" }, { "text": "Public Law 108–173", "legal-doc": "public-law", "parsable-cite": "pl/108/173" } ] } ]

[ "Energy and Commerce Committee", "Ways and Means Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the or the.", "id": "HC148F54433B04C2F8CAFEA69455B8654", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings; purposes \n(a) Findings \nCongress finds the following: (1) That a child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love, and understanding. (2) That intercountry adoption may offer the advantage of a permanent family to a child for whom a suitable family cannot be found in his or her country of origin. (3) There has been a significant growth in intercountry adoptions. In 1990, Americans adopted 7,093 children from abroad. In 2001, they adopted 19,237 children from abroad. (4) Americans increasingly seek to create or enlarge their families through intercountry adoptions. (5) There are many children worldwide that are without permanent homes. (6) In the interest of United States citizens and homeless children, reforms are needed in the intercountry adoption process used by United States citizens. (7) In addition, Congress recognizes that foreign born adopted children do not make the decision whether to immigrate to the United States. They are being chosen by Americans to become part of their immediate families. (8) As such these children should not be classified as immigrants in the traditional sense. Once fully and finally adopted, they should be treated as children of United States citizens. (9) Since a child who is fully and finally adopted is entitled to the same rights, duties, and responsibilities as a biological child, the law should reflect such equality. (10) Therefore, foreign born adopted children of United States citizens should be accorded the same procedural treatment as biological children born abroad to a United States citizen. (11) If a United States citizen can confer citizenship to a biological child born abroad, then the same citizen is entitled to confer such citizenship to their legally and fully adopted foreign born children immediately upon final adoption. (12) If a United States citizen cannot confer citizenship to a biological child born abroad, then such citizen cannot confer citizenship to their legally and fully adopted foreign born child, except through the naturalization process. (b) Purposes \nThe purposes of this Act are— (1) to ensure that foreign born children adopted by United States citizens will be treated identically to a biological child born abroad to the same citizen parent; (2) to improve the intercountry adoption process to make it more citizen friendly and child oriented; and (3) to foster best practices.", "id": "H5E1CE9ACB1544870A256CAAD23CA1000", "header": "Findings; purposes", "nested": [ { "text": "(a) Findings \nCongress finds the following: (1) That a child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love, and understanding. (2) That intercountry adoption may offer the advantage of a permanent family to a child for whom a suitable family cannot be found in his or her country of origin. (3) There has been a significant growth in intercountry adoptions. In 1990, Americans adopted 7,093 children from abroad. In 2001, they adopted 19,237 children from abroad. (4) Americans increasingly seek to create or enlarge their families through intercountry adoptions. (5) There are many children worldwide that are without permanent homes. (6) In the interest of United States citizens and homeless children, reforms are needed in the intercountry adoption process used by United States citizens. (7) In addition, Congress recognizes that foreign born adopted children do not make the decision whether to immigrate to the United States. They are being chosen by Americans to become part of their immediate families. (8) As such these children should not be classified as immigrants in the traditional sense. Once fully and finally adopted, they should be treated as children of United States citizens. (9) Since a child who is fully and finally adopted is entitled to the same rights, duties, and responsibilities as a biological child, the law should reflect such equality. (10) Therefore, foreign born adopted children of United States citizens should be accorded the same procedural treatment as biological children born abroad to a United States citizen. (11) If a United States citizen can confer citizenship to a biological child born abroad, then the same citizen is entitled to confer such citizenship to their legally and fully adopted foreign born children immediately upon final adoption. (12) If a United States citizen cannot confer citizenship to a biological child born abroad, then such citizen cannot confer citizenship to their legally and fully adopted foreign born child, except through the naturalization process.", "id": "H530B3E19BF87497FB448508DE094041", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Purposes \nThe purposes of this Act are— (1) to ensure that foreign born children adopted by United States citizens will be treated identically to a biological child born abroad to the same citizen parent; (2) to improve the intercountry adoption process to make it more citizen friendly and child oriented; and (3) to foster best practices.", "id": "H8DFFCE3DB61C47178DEC4C88C819F628", "header": "Purposes", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Definitions \nIn this Act: (1) Adoptable child \nThe term adoptable child has the same meaning given such term in section 101(c)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1101(c)(3) ), as added by section 204(a) of this Act. (2) Ambassador at Large \nThe term Ambassador at Large means the Ambassador at Large for Intercountry Adoptions appointed to head the Office pursuant to section 101(b). (3) Full and final adoption \nThe term full and final adoption means an adoption— (A) that is completed according to the laws of the child’s country of origin or the State law of the parent’s residence; (B) under which a person is granted full and legal custody of the adopted child; (C) that has the force and effect of severing the child’s legal ties to the child’s biological parents; (D) under which the adoptive parents meet the requirements of section 205; and (E) under which the child has been adjudicated to be an adoptable child in accordance with section 206. (4) Office \nThe term Office means the Office of Intercountry Adoptions established under section 101(a). (5) Readily approvable \nA petition or certification is considered readily approvable if the documentary support provided demonstrates that the petitioner satisfies the eligibility requirements and no additional information or investigation is necessary.", "id": "HF921116E6F144D3B842273E1A3AF87CC", "header": "Definitions", "nested": [], "links": [ { "text": "8 U.S.C. 1101(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "101. Office of Intercountry Adoptions \n(a) Establishment \nThere is established within the Department of State, an Office of Intercountry Adoptions which shall be headed by the Ambassador at Large for Intercountry Adoptions who shall be appointed pursuant to subsection (b). (b) Ambassador at Large \n(1) Appointment \nThe Ambassador at Large shall be appointed by the President, by and with the advice and consent of the Senate, from among individuals who have background, experience, and training in intercountry adoptions. (2) Authority \nThe Ambassador at Large shall report directly to the Secretary of State, in consultation with the Assistant Secretary for Consular Affairs. (3) Duties of the Ambassador at Large \nIn carrying out the functions of the Office, the Ambassador at Large shall have the following responsibilities: (A) In general \nThe primary responsibilities of the Ambassador at Large shall be— (i) to ensure that intercountry adoptions take place in the best interests of the child; and (ii) to assist the Secretary of State in fulfilling the responsibilities designated to the central authority under title I of the Intercountry Adoption Act of 2000 ( 42 U.S.C. 14911 et seq. ). (B) Advisory role \nThe Ambassador at Large shall be a principal advisor to the President and the Secretary of State regarding matters affecting intercountry adoption and the general welfare of children abroad and shall make recommendations regarding— (i) the policies of the United States with respect to the establishment of a system of cooperation among the parties to The Hague Convention; (ii) the policies to prevent abandonment, strengthen families, and to advance the placement of children in permanent families; and (iii) policies that promote the well-being of children. (C) Diplomatic representation \nSubject to the direction of the President and the Secretary of State, the Ambassador at Large may represent the United States in matters and cases relevant to international adoption in— (i) fulfillment of the responsibilities designated to the central authority under title I of the Intercountry Adoption Act of 2000 ( 42 U.S.C. 14911 et seq. ); (ii) contacts with foreign governments, intergovernmental organizations, and specialized agencies of the United Nations and other international organizations of which the United States is a member; and (iii) multilateral conferences and meetings relevant to international adoption. (D) International policy development \nTo advise and support the Secretary of State and other relevant Bureaus in the development of sound policy regarding child protection and intercountry adoption. (E) Reporting responsibilities \nThe Ambassador at Large shall have the following reporting responsibilities: (i) In general \nThe Ambassador at Large shall assist the Secretary of State and other relevant Bureaus in preparing those portions of the Human Rights Reports that relate to the abduction, sale, and trafficking of children. (ii) Annual report on intercountry adoption \nOn September 1 of each year, the Secretary of State, with the assistance of the Ambassador at Large, shall prepare and transmit to Congress an annual report on intercountry adoption. Each annual report shall include— (I) a description of the status of child protection and adoption in each foreign country, including— (aa) trends toward improvement in the welfare and protection of children and families; (bb) trends in family reunification, domestic adoption, and intercountry adoption; (cc) movement toward ratification and implementation of The Hague Convention; and (dd) census information on the number of children in orphanages, foster homes, and other types of nonpermanent residential care; (II) the number of intercountry adoptions by United States citizens, regardless of whether the adoption occurred under The Hague Convention, including the country from which each child emigrated, the State in which each child resides, and the country in which the adoption was finalized; (III) the number of intercountry adoptions involving emigration from the United States, regardless of whether the adoption occurred under The Hague Convention, including the country where each child now resides and the State from which each child emigrated; (IV) the number of Hague Convention placements for adoption in the United States that were disrupted, including the country from which the child emigrated, the age of the child, the date of the placement for adoption, the reasons for the disruption, the resolution of the disruption, the agencies that handled the placement for adoption, and the plans for the child, and in addition, any information regarding disruption or dissolution of adoptions of children from other countries received pursuant to section 422(b)(4) of the Social Security Act ; (V) the average time required for completion of an adoption, set forth by the country from which the child emigrated; (VI) the current list of agencies accredited and persons approved under the Intercountry Adoption Act of 2000 ( 42 U.S.C. 14901 et seq. ) to provide adoption services; (VII) the names of the agencies and persons temporarily or permanently debarred under the Intercountry Adoption Act of 2000 ( 42 U.S.C. 14901 et seq. ), and the reasons for the debarment; (VIII) the range of adoption fees charged in connection with Hague Convention adoptions involving adoptions by United States citizens and the median of such fees set forth by the country of origin; (IX) the range of fees charged for accreditation of agencies and the approval of persons in the United States engaged in providing adoption services under The Hague Convention; and (X) recommendations of ways the United States might act to improve the welfare and protection of children and families in each foreign country. (c) Functions of Office \nThe Office shall have the following 6 functions: (1) Approval of a family to adopt \nTo approve or disapprove the eligibility of United States citizens to adopt foreign born children. (2) Child adjudication \nTo adjudicate the status of a child born abroad as an adoptable child. (3) Family services \nTo provide assistance to United States citizens engaged in the intercountry adoption process in resolving problems with respect to that process and to track intercountry adoption cases so as to ensure that all such adoptions are processed in a timely manner. (4) International policy development \nTo advise and support the Ambassador at Large and other relevant Bureaus in the development of sound policy regarding child protection and intercountry adoption. (5) Central authority \nTo assist the Secretary of State in carrying out duties of the central authority as defined in section 3 of the Intercountry Adoption Act of 2000 ( 42 U.S.C. 14902 ). (6) Administration \nTo perform administrative functions related to the functions performed under paragraphs (1) through (5), including legal functions and congressional liaison and public affairs functions. (d) Organization \n(1) In general \nAll functions of the Office shall be performed by officers housed in a centralized office located in Washington, DC. Within the Washington, DC, office, there shall be 6 divisions corresponding to the 6 functions of the Office. All 6 divisions and their respective directors shall report directly to the Ambassador at Large. (2) Approval to adopt \nThe division responsible for approving parents to adopt shall be divided into regions of the United States as follows: (A) Northwest. (B) Northeast. (C) Southwest. (D) Southeast. (E) Midwest. (F) West. (3) Child adjudication \nTo the extent practicable, the division responsible for the adjudication of foreign born children as adoptable shall be divided by world regions which correspond to those currently used by other divisions within the Department of State. (4) Use of international field officers \nNothing in this section shall be construed to prohibit the use of international field officers posted abroad, as necessary, to fulfill the requirements of this Act. (e) Qualifications and training \nIn addition to meeting the employment requirements of the Department of State, officers employed in any of the 6 divisions of the Office shall undergo extensive and specialized training in the laws and processes of intercountry adoption as well as understanding the cultural, medical, emotional, and social issues surrounding intercountry adoption and adoptive families. The Ambassador at Large shall, whenever possible, recruit and hire individuals with background and experience in intercountry adoptions. (f) Use of electronic databases and filing \nTo the extent possible, the Office shall make use of centralized, electronic databases and electronic form filing.", "id": "H1642ED4AD9A14CBF8B7EA37179ABB8B2", "header": "Office of Intercountry Adoptions", "nested": [ { "text": "(a) Establishment \nThere is established within the Department of State, an Office of Intercountry Adoptions which shall be headed by the Ambassador at Large for Intercountry Adoptions who shall be appointed pursuant to subsection (b).", "id": "H0DF526A738D4415EA50016413C42EEF9", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Ambassador at Large \n(1) Appointment \nThe Ambassador at Large shall be appointed by the President, by and with the advice and consent of the Senate, from among individuals who have background, experience, and training in intercountry adoptions. (2) Authority \nThe Ambassador at Large shall report directly to the Secretary of State, in consultation with the Assistant Secretary for Consular Affairs. (3) Duties of the Ambassador at Large \nIn carrying out the functions of the Office, the Ambassador at Large shall have the following responsibilities: (A) In general \nThe primary responsibilities of the Ambassador at Large shall be— (i) to ensure that intercountry adoptions take place in the best interests of the child; and (ii) to assist the Secretary of State in fulfilling the responsibilities designated to the central authority under title I of the Intercountry Adoption Act of 2000 ( 42 U.S.C. 14911 et seq. ). (B) Advisory role \nThe Ambassador at Large shall be a principal advisor to the President and the Secretary of State regarding matters affecting intercountry adoption and the general welfare of children abroad and shall make recommendations regarding— (i) the policies of the United States with respect to the establishment of a system of cooperation among the parties to The Hague Convention; (ii) the policies to prevent abandonment, strengthen families, and to advance the placement of children in permanent families; and (iii) policies that promote the well-being of children. (C) Diplomatic representation \nSubject to the direction of the President and the Secretary of State, the Ambassador at Large may represent the United States in matters and cases relevant to international adoption in— (i) fulfillment of the responsibilities designated to the central authority under title I of the Intercountry Adoption Act of 2000 ( 42 U.S.C. 14911 et seq. ); (ii) contacts with foreign governments, intergovernmental organizations, and specialized agencies of the United Nations and other international organizations of which the United States is a member; and (iii) multilateral conferences and meetings relevant to international adoption. (D) International policy development \nTo advise and support the Secretary of State and other relevant Bureaus in the development of sound policy regarding child protection and intercountry adoption. (E) Reporting responsibilities \nThe Ambassador at Large shall have the following reporting responsibilities: (i) In general \nThe Ambassador at Large shall assist the Secretary of State and other relevant Bureaus in preparing those portions of the Human Rights Reports that relate to the abduction, sale, and trafficking of children. (ii) Annual report on intercountry adoption \nOn September 1 of each year, the Secretary of State, with the assistance of the Ambassador at Large, shall prepare and transmit to Congress an annual report on intercountry adoption. Each annual report shall include— (I) a description of the status of child protection and adoption in each foreign country, including— (aa) trends toward improvement in the welfare and protection of children and families; (bb) trends in family reunification, domestic adoption, and intercountry adoption; (cc) movement toward ratification and implementation of The Hague Convention; and (dd) census information on the number of children in orphanages, foster homes, and other types of nonpermanent residential care; (II) the number of intercountry adoptions by United States citizens, regardless of whether the adoption occurred under The Hague Convention, including the country from which each child emigrated, the State in which each child resides, and the country in which the adoption was finalized; (III) the number of intercountry adoptions involving emigration from the United States, regardless of whether the adoption occurred under The Hague Convention, including the country where each child now resides and the State from which each child emigrated; (IV) the number of Hague Convention placements for adoption in the United States that were disrupted, including the country from which the child emigrated, the age of the child, the date of the placement for adoption, the reasons for the disruption, the resolution of the disruption, the agencies that handled the placement for adoption, and the plans for the child, and in addition, any information regarding disruption or dissolution of adoptions of children from other countries received pursuant to section 422(b)(4) of the Social Security Act ; (V) the average time required for completion of an adoption, set forth by the country from which the child emigrated; (VI) the current list of agencies accredited and persons approved under the Intercountry Adoption Act of 2000 ( 42 U.S.C. 14901 et seq. ) to provide adoption services; (VII) the names of the agencies and persons temporarily or permanently debarred under the Intercountry Adoption Act of 2000 ( 42 U.S.C. 14901 et seq. ), and the reasons for the debarment; (VIII) the range of adoption fees charged in connection with Hague Convention adoptions involving adoptions by United States citizens and the median of such fees set forth by the country of origin; (IX) the range of fees charged for accreditation of agencies and the approval of persons in the United States engaged in providing adoption services under The Hague Convention; and (X) recommendations of ways the United States might act to improve the welfare and protection of children and families in each foreign country.", "id": "H141D4CEF9B67433C00FE6E1546D34070", "header": "Ambassador at Large", "nested": [], "links": [ { "text": "42 U.S.C. 14911 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/14911" }, { "text": "42 U.S.C. 14911 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/14911" }, { "text": "42 U.S.C. 14901 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/14901" }, { "text": "42 U.S.C. 14901 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/14901" } ] }, { "text": "(c) Functions of Office \nThe Office shall have the following 6 functions: (1) Approval of a family to adopt \nTo approve or disapprove the eligibility of United States citizens to adopt foreign born children. (2) Child adjudication \nTo adjudicate the status of a child born abroad as an adoptable child. (3) Family services \nTo provide assistance to United States citizens engaged in the intercountry adoption process in resolving problems with respect to that process and to track intercountry adoption cases so as to ensure that all such adoptions are processed in a timely manner. (4) International policy development \nTo advise and support the Ambassador at Large and other relevant Bureaus in the development of sound policy regarding child protection and intercountry adoption. (5) Central authority \nTo assist the Secretary of State in carrying out duties of the central authority as defined in section 3 of the Intercountry Adoption Act of 2000 ( 42 U.S.C. 14902 ). (6) Administration \nTo perform administrative functions related to the functions performed under paragraphs (1) through (5), including legal functions and congressional liaison and public affairs functions.", "id": "H826FF030D0B94402904203808E751864", "header": "Functions of Office", "nested": [], "links": [ { "text": "42 U.S.C. 14902", "legal-doc": "usc", "parsable-cite": "usc/42/14902" } ] }, { "text": "(d) Organization \n(1) In general \nAll functions of the Office shall be performed by officers housed in a centralized office located in Washington, DC. Within the Washington, DC, office, there shall be 6 divisions corresponding to the 6 functions of the Office. All 6 divisions and their respective directors shall report directly to the Ambassador at Large. (2) Approval to adopt \nThe division responsible for approving parents to adopt shall be divided into regions of the United States as follows: (A) Northwest. (B) Northeast. (C) Southwest. (D) Southeast. (E) Midwest. (F) West. (3) Child adjudication \nTo the extent practicable, the division responsible for the adjudication of foreign born children as adoptable shall be divided by world regions which correspond to those currently used by other divisions within the Department of State. (4) Use of international field officers \nNothing in this section shall be construed to prohibit the use of international field officers posted abroad, as necessary, to fulfill the requirements of this Act.", "id": "H01AAA85CE6B34730AB467B68AF75258B", "header": "Organization", "nested": [], "links": [] }, { "text": "(e) Qualifications and training \nIn addition to meeting the employment requirements of the Department of State, officers employed in any of the 6 divisions of the Office shall undergo extensive and specialized training in the laws and processes of intercountry adoption as well as understanding the cultural, medical, emotional, and social issues surrounding intercountry adoption and adoptive families. The Ambassador at Large shall, whenever possible, recruit and hire individuals with background and experience in intercountry adoptions.", "id": "H92B7487064B845CEA295F83C07C83342", "header": "Qualifications and training", "nested": [], "links": [] }, { "text": "(f) Use of electronic databases and filing \nTo the extent possible, the Office shall make use of centralized, electronic databases and electronic form filing.", "id": "H1CDA4BB315D04AA9A8003CC81459A18", "header": "Use of electronic databases and filing", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 14911 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/14911" }, { "text": "42 U.S.C. 14911 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/14911" }, { "text": "42 U.S.C. 14901 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/14901" }, { "text": "42 U.S.C. 14901 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/14901" }, { "text": "42 U.S.C. 14902", "legal-doc": "usc", "parsable-cite": "usc/42/14902" } ] }, { "text": "102. Recognition of convention adoptions in the United States \nSection 505(a)(1) of the Intercountry Adoption Act of 2000 ( 42 U.S.C. 14901 note) is amended by inserting 301, 302, after 205,.", "id": "H736BD7D30A584CB5845F98CAC07F36B9", "header": "Recognition of convention adoptions in the United States", "nested": [], "links": [ { "text": "42 U.S.C. 14901", "legal-doc": "usc", "parsable-cite": "usc/42/14901" } ] }, { "text": "103. Technical and conforming amendment \nSection 104 of the Intercountry Adoption Act of 2000 ( 42 U.S.C. 14914 ) is repealed.", "id": "HAEB4720A433D443686B32133568FF4F6", "header": "Technical and conforming amendment", "nested": [], "links": [ { "text": "42 U.S.C. 14914", "legal-doc": "usc", "parsable-cite": "usc/42/14914" } ] }, { "text": "111. Transfer of functions \n(a) In general \nAll functions under the immigration laws of the United States with respect to the adoption of foreign born children by United States citizens and their admission to the United States that have been vested by statute in, or exercised by, the Commissioner of Immigration and Naturalization, the Immigration and Naturalization Service (or any officer, employee, or component thereof), of the Department of Homeland Security (or any officer, employee, or component thereof) immediately prior to the effective date of this title, are transferred to the Office on such effective date for exercise by the Ambassador at Large in accordance with applicable laws and title II of this Act. (b) Exercise of authorities \nExcept as otherwise provided by law, the Ambassador at Large may, for purposes of performing any function transferred to the Ambassador at Large under subsection (a), exercise all authorities under any other provision of law that were available with respect to the performance of that function to the official responsible for the performance of the function immediately before the effective date of the transfer of the function pursuant to this title.", "id": "H4EE60212F2DD47DF95FA99F64C8E85D2", "header": "Transfer of functions", "nested": [ { "text": "(a) In general \nAll functions under the immigration laws of the United States with respect to the adoption of foreign born children by United States citizens and their admission to the United States that have been vested by statute in, or exercised by, the Commissioner of Immigration and Naturalization, the Immigration and Naturalization Service (or any officer, employee, or component thereof), of the Department of Homeland Security (or any officer, employee, or component thereof) immediately prior to the effective date of this title, are transferred to the Office on such effective date for exercise by the Ambassador at Large in accordance with applicable laws and title II of this Act.", "id": "H8C08391354704FE492CB274000231B9C", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Exercise of authorities \nExcept as otherwise provided by law, the Ambassador at Large may, for purposes of performing any function transferred to the Ambassador at Large under subsection (a), exercise all authorities under any other provision of law that were available with respect to the performance of that function to the official responsible for the performance of the function immediately before the effective date of the transfer of the function pursuant to this title.", "id": "H7FABBEE8A2DB4D958D061B7B1293B5EF", "header": "Exercise of authorities", "nested": [], "links": [] } ], "links": [] }, { "text": "112. Transfer of resources \nSubject to section 1531 of title 31, United States Code, upon the effective date of this title, there are transferred to the Ambassador at Large for appropriate allocation in accordance with section 115, the assets, liabilities, contracts, property, records, and unexpended balance of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available to, or to be made available to the Immigration and Naturalization Service or the Department of Homeland Security in connection with the functions transferred pursuant to this title.", "id": "H09A7D23755C24D8D9150E9892654E37", "header": "Transfer of resources", "nested": [], "links": [ { "text": "section 1531", "legal-doc": "usc", "parsable-cite": "usc/31/1531" } ] }, { "text": "113. Incidental transfers \nThe Ambassador at Large may make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out this title. The Ambassador at Large shall provide for such further measures and dispositions as may be necessary to effectuate the purposes of this title.", "id": "H0DF58BFDF21E4C37BAB9C51C9C4D38", "header": "Incidental transfers", "nested": [], "links": [] }, { "text": "114. Savings provisions \n(a) Legal documents \nAll orders, determinations, rules, regulations, permits, grants, loans, contracts, agreements, including collective bargaining agreements, certificates, licenses, and privileges— (1) that have been issued, made, granted, or allowed to become effective by the President, the Ambassador at Large, the former Commissioner of the Immigration and Naturalization Service, their delegates, or any other Government official, or by a court of competent jurisdiction, in the performance of any function that is transferred pursuant to this title; and (2) that are in effect on the effective date of such transfer (or become effective after such date pursuant to their terms as in effect on such effective date); shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, any other authorized official, a court of competent jurisdiction, or operation of law, except that any collective bargaining agreement shall remain in effect until the date of termination specified in the agreement. (b) Proceedings \n(1) Pending \nThe transfer of functions under section 111 shall not affect any proceeding or any application for any benefit, service, license, permit, certificate, or financial assistance pending on the effective date of this title before an office whose functions are transferred pursuant to this title, but such proceedings and applications shall be continued. (2) Orders \nOrders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted, and orders issued in any such proceeding shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. (3) Discontinuance or modification \nNothing in this section shall be considered to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this section had not been enacted. (c) Suits \nThis title shall not affect suits commenced before the effective date of this title, and in all such suits, proceeding shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this title had not been enacted. (d) Nonabatement of actions \nNo suit, action, or other proceeding commenced by or against the Department of State, the Immigration and Naturalization Service, or the Department of Homeland Security, or by or against any individual in the official capacity of such individual as an officer or employee in connection with a function transferred pursuant to this section, shall abate by reason of the enactment of this Act. (e) Continuance of suit with substitution of parties \nIf any Government officer in the official capacity of such officer is party to a suit with respect to a function of the officer, and pursuant to this title such function is transferred to any other officer or office, then such suit shall be continued with the other officer or the head of such other office, as applicable, substituted or added as a party. (f) Administrative procedure and judicial review \nExcept as otherwise provided by this title, any statutory requirements relating to notice, hearings, action upon the record, or administrative or judicial review that apply to any function transferred pursuant to any provision of this title shall apply to the exercise of such function by the head of the office, and other officers of the office, to which such function is transferred pursuant to such provision.", "id": "H607EF460BDE8493595D0325817A19701", "header": "Savings provisions", "nested": [ { "text": "(a) Legal documents \nAll orders, determinations, rules, regulations, permits, grants, loans, contracts, agreements, including collective bargaining agreements, certificates, licenses, and privileges— (1) that have been issued, made, granted, or allowed to become effective by the President, the Ambassador at Large, the former Commissioner of the Immigration and Naturalization Service, their delegates, or any other Government official, or by a court of competent jurisdiction, in the performance of any function that is transferred pursuant to this title; and (2) that are in effect on the effective date of such transfer (or become effective after such date pursuant to their terms as in effect on such effective date); shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, any other authorized official, a court of competent jurisdiction, or operation of law, except that any collective bargaining agreement shall remain in effect until the date of termination specified in the agreement.", "id": "H5C70EF92F34E4BCC870986A160EB018", "header": "Legal documents", "nested": [], "links": [] }, { "text": "(b) Proceedings \n(1) Pending \nThe transfer of functions under section 111 shall not affect any proceeding or any application for any benefit, service, license, permit, certificate, or financial assistance pending on the effective date of this title before an office whose functions are transferred pursuant to this title, but such proceedings and applications shall be continued. (2) Orders \nOrders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted, and orders issued in any such proceeding shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. (3) Discontinuance or modification \nNothing in this section shall be considered to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this section had not been enacted.", "id": "HFBEB517A07E144608DBBC0BBAE886CC2", "header": "Proceedings", "nested": [], "links": [] }, { "text": "(c) Suits \nThis title shall not affect suits commenced before the effective date of this title, and in all such suits, proceeding shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this title had not been enacted.", "id": "H4A750EF0CE9542F79658B6A612F4BCCD", "header": "Suits", "nested": [], "links": [] }, { "text": "(d) Nonabatement of actions \nNo suit, action, or other proceeding commenced by or against the Department of State, the Immigration and Naturalization Service, or the Department of Homeland Security, or by or against any individual in the official capacity of such individual as an officer or employee in connection with a function transferred pursuant to this section, shall abate by reason of the enactment of this Act.", "id": "H3D0DD6B466AE46F59C9298BFF9207CC7", "header": "Nonabatement of actions", "nested": [], "links": [] }, { "text": "(e) Continuance of suit with substitution of parties \nIf any Government officer in the official capacity of such officer is party to a suit with respect to a function of the officer, and pursuant to this title such function is transferred to any other officer or office, then such suit shall be continued with the other officer or the head of such other office, as applicable, substituted or added as a party.", "id": "H58BC792F9A3C434A9B299B665DF72EEC", "header": "Continuance of suit with substitution of parties", "nested": [], "links": [] }, { "text": "(f) Administrative procedure and judicial review \nExcept as otherwise provided by this title, any statutory requirements relating to notice, hearings, action upon the record, or administrative or judicial review that apply to any function transferred pursuant to any provision of this title shall apply to the exercise of such function by the head of the office, and other officers of the office, to which such function is transferred pursuant to such provision.", "id": "H5A3BC27180D5428A91650078583C7BDF", "header": "Administrative procedure and judicial review", "nested": [], "links": [] } ], "links": [] }, { "text": "121. Effective date \nThis title shall take effect 180 days after the date of enactment of this Act.", "id": "H1BECC9C9E86A4537BBDC727CEDC8357E", "header": "Effective date", "nested": [], "links": [] }, { "text": "201. Automatic acquisition of citizenship for adopted Children Born Outside the United States \n(a) Amendments of automatic citizenship provisions \nSection 320 of the Immigration and Nationality Act ( 8 U.S.C. 1431 ) is amended— (1) by amending the section heading to read as follows: Children Born Outside the United States; Conditions Under Which Citizenship Automatically Acquired ; and (2) in subsection (a), by striking paragraphs (1) through (3) and inserting the following: (1) Upon the date the adoption becomes full and final, at least 1 parent of the child is a citizen of the United States, whether by birth or naturalization, who has been physically present in the United States or its outlying possessions for a period or periods totaling not less than 5 years, at least 2 of which were after attaining the age of 14 years. Any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 1 of the International Organizations Immunities Act ( 22 U.S.C. 288 ) by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person— (A) honorably serving with the Armed Forces of the United States; or (B) employed by the United States Government or an international organization as defined in section 1 of the International Organizations Immunities Act ( 22 U.S.C. 288 ); may be included in order to satisfy the physical presence requirement of this paragraph. (2) The child is an adoptable child described in section 101(c)(3). (3) The child is the beneficiary of a full and final adoption decree entered by a foreign government or a court in the United States. (4) For purposes of this subsection, the term full and final adoption means an adoption— (A) that is completed under the laws of the child’s country of origin or the State law of the parent’s residence; (B) under which a person is granted full and legal custody of the adopted child; (C) that has the force and effect of severing the child’s legal ties to the child’s biological parents; (D) under which the adoptive parents meet the requirements of section 205 of the Intercountry Adoption Reform Act; and (E) under which the child has been adjudicated to be an adoptable child in accordance with section 206 of the Intercountry Adoption Reform Act.. (b) Effective date \nThis section shall take effect as if enacted on January 1, 1950.", "id": "HFFA9F72F22994B06A309E02284AD51D3", "header": "Automatic acquisition of citizenship for adopted Children Born Outside the United States", "nested": [ { "text": "(a) Amendments of automatic citizenship provisions \nSection 320 of the Immigration and Nationality Act ( 8 U.S.C. 1431 ) is amended— (1) by amending the section heading to read as follows: Children Born Outside the United States; Conditions Under Which Citizenship Automatically Acquired ; and (2) in subsection (a), by striking paragraphs (1) through (3) and inserting the following: (1) Upon the date the adoption becomes full and final, at least 1 parent of the child is a citizen of the United States, whether by birth or naturalization, who has been physically present in the United States or its outlying possessions for a period or periods totaling not less than 5 years, at least 2 of which were after attaining the age of 14 years. Any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 1 of the International Organizations Immunities Act ( 22 U.S.C. 288 ) by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person— (A) honorably serving with the Armed Forces of the United States; or (B) employed by the United States Government or an international organization as defined in section 1 of the International Organizations Immunities Act ( 22 U.S.C. 288 ); may be included in order to satisfy the physical presence requirement of this paragraph. (2) The child is an adoptable child described in section 101(c)(3). (3) The child is the beneficiary of a full and final adoption decree entered by a foreign government or a court in the United States. (4) For purposes of this subsection, the term full and final adoption means an adoption— (A) that is completed under the laws of the child’s country of origin or the State law of the parent’s residence; (B) under which a person is granted full and legal custody of the adopted child; (C) that has the force and effect of severing the child’s legal ties to the child’s biological parents; (D) under which the adoptive parents meet the requirements of section 205 of the Intercountry Adoption Reform Act; and (E) under which the child has been adjudicated to be an adoptable child in accordance with section 206 of the Intercountry Adoption Reform Act..", "id": "H8AC8AA30602C412A8BDB226530DFD300", "header": "Amendments of automatic citizenship provisions", "nested": [], "links": [ { "text": "8 U.S.C. 1431", "legal-doc": "usc", "parsable-cite": "usc/8/1431" }, { "text": "22 U.S.C. 288", "legal-doc": "usc", "parsable-cite": "usc/22/288" }, { "text": "22 U.S.C. 288", "legal-doc": "usc", "parsable-cite": "usc/22/288" } ] }, { "text": "(b) Effective date \nThis section shall take effect as if enacted on January 1, 1950.", "id": "H04ED5F32EE504A86B287F7142D90E5FC", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "8 U.S.C. 1431", "legal-doc": "usc", "parsable-cite": "usc/8/1431" }, { "text": "22 U.S.C. 288", "legal-doc": "usc", "parsable-cite": "usc/22/288" }, { "text": "22 U.S.C. 288", "legal-doc": "usc", "parsable-cite": "usc/22/288" } ] }, { "text": "202. Revised procedures \n(a) In general \nNotwithstanding any other provision of law, the following requirements shall apply with respect to the adoption of foreign born children by United States citizens: (1) Upon completion of a full and final adoption, the Secretary of State shall issue a United States passport and a Consular Report of Birth for a child who satisfies the requirements of section 320 of the Immigration and Nationality Act ( 8 U.S.C. 1431 ), as amended by section 201 of this Act, upon application by a United States citizen parent. (2) An adopted child described in paragraph (1) shall not require the issuance of a visa for travel and admission to the United States but shall be admitted to the United States upon presentation of a valid, unexpired United States passport. (3) No affidavit of support under section 213A of the Immigration and Nationality Act ( 8 U.S.C. 1183a ) shall be required in the case of any adoptable child. (4) The Secretary of State shall not require an adopted child described in paragraph (1) to undergo a medical exam. (b) Regulations \nNot later than 90 days after the date of enactment of this Act, the Secretary of State shall prescribe such regulations as may be necessary to carry out this section.", "id": "H51B366073EEF4C179BF8E9BB69EA7526", "header": "Revised procedures", "nested": [ { "text": "(a) In general \nNotwithstanding any other provision of law, the following requirements shall apply with respect to the adoption of foreign born children by United States citizens: (1) Upon completion of a full and final adoption, the Secretary of State shall issue a United States passport and a Consular Report of Birth for a child who satisfies the requirements of section 320 of the Immigration and Nationality Act ( 8 U.S.C. 1431 ), as amended by section 201 of this Act, upon application by a United States citizen parent. (2) An adopted child described in paragraph (1) shall not require the issuance of a visa for travel and admission to the United States but shall be admitted to the United States upon presentation of a valid, unexpired United States passport. (3) No affidavit of support under section 213A of the Immigration and Nationality Act ( 8 U.S.C. 1183a ) shall be required in the case of any adoptable child. (4) The Secretary of State shall not require an adopted child described in paragraph (1) to undergo a medical exam.", "id": "HA9F44D230A8F4EFDBE282087FD54474E", "header": "In general", "nested": [], "links": [ { "text": "8 U.S.C. 1431", "legal-doc": "usc", "parsable-cite": "usc/8/1431" }, { "text": "8 U.S.C. 1183a", "legal-doc": "usc", "parsable-cite": "usc/8/1183a" } ] }, { "text": "(b) Regulations \nNot later than 90 days after the date of enactment of this Act, the Secretary of State shall prescribe such regulations as may be necessary to carry out this section.", "id": "HA3FF9B524E464A19B6FB617300FB5FDD", "header": "Regulations", "nested": [], "links": [] } ], "links": [ { "text": "8 U.S.C. 1431", "legal-doc": "usc", "parsable-cite": "usc/8/1431" }, { "text": "8 U.S.C. 1183a", "legal-doc": "usc", "parsable-cite": "usc/8/1183a" } ] }, { "text": "203. Nonimmigrant visas for children traveling to the United States to be adopted by a United States citizen \n(a) In general \nSection 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) ) is amended— (1) by striking or at the end of subparagraph (U); (2) by striking the period at the end of subparagraph (V) and inserting ; or ; and (3) by adding at the end the following: (W) an adoptable child who is coming into the United States for adoption by a United States citizen and a spouse jointly or by an unmarried United States citizen at least 25 years of age, who has been approved to adopt by the Ambassador at Large, acting through the Office of Intercountry Adoptions established under section 101(a) of the Intercountry Adoption Reform Act.. (b) Termination of period of authorized admission \nSection 214 of the Immigration and Nationality Act ( 8 U.S.C. 1184 ) is amended by adding at the end the following: (q) In the case of a nonimmigrant described in section 101(a)(15)(W), the period of authorized admission shall terminate on the earlier of— (1) the date on which the adoption of the nonimmigrant is completed by the courts of the State where the parents reside; or (2) the date that is 2 years after the date of admission of the nonimmigrant into the United States.. (c) Temporary treatment as legal permanent resident \nNotwithstanding any other law, all benefits and protections that apply to a legal permanent resident shall apply to a nonimmigrant described in section 101(a)(15)(W) of the Immigration and Nationality Act , as added by subsection (a), pending a full and final adoption. (d) Exception from immunization requirement for certain adopted children \nSection 212(a)(1)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(1)(C) ) is amended— (1) in the heading by striking 10 years and inserting 18 years ; and (2) in clause (i), by striking 10 years and inserting 18 years. (e) Regulations \nNot later than 90 days after the date of enactment of this Act, the Secretary of State shall prescribe such regulations as may be necessary to carry out this section.", "id": "H5EB0E2C2A92748C4ACE2C6C600799D64", "header": "Nonimmigrant visas for children traveling to the United States to be adopted by a United States citizen", "nested": [ { "text": "(a) In general \nSection 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) ) is amended— (1) by striking or at the end of subparagraph (U); (2) by striking the period at the end of subparagraph (V) and inserting ; or ; and (3) by adding at the end the following: (W) an adoptable child who is coming into the United States for adoption by a United States citizen and a spouse jointly or by an unmarried United States citizen at least 25 years of age, who has been approved to adopt by the Ambassador at Large, acting through the Office of Intercountry Adoptions established under section 101(a) of the Intercountry Adoption Reform Act..", "id": "HC639B736EF1045CEB2E348BF82F329B8", "header": "In general", "nested": [], "links": [ { "text": "8 U.S.C. 1101(a)(15)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "(b) Termination of period of authorized admission \nSection 214 of the Immigration and Nationality Act ( 8 U.S.C. 1184 ) is amended by adding at the end the following: (q) In the case of a nonimmigrant described in section 101(a)(15)(W), the period of authorized admission shall terminate on the earlier of— (1) the date on which the adoption of the nonimmigrant is completed by the courts of the State where the parents reside; or (2) the date that is 2 years after the date of admission of the nonimmigrant into the United States..", "id": "HD90F29AA57884DEFA3862CD9F850C57B", "header": "Termination of period of authorized admission", "nested": [], "links": [ { "text": "8 U.S.C. 1184", "legal-doc": "usc", "parsable-cite": "usc/8/1184" } ] }, { "text": "(c) Temporary treatment as legal permanent resident \nNotwithstanding any other law, all benefits and protections that apply to a legal permanent resident shall apply to a nonimmigrant described in section 101(a)(15)(W) of the Immigration and Nationality Act , as added by subsection (a), pending a full and final adoption.", "id": "HF74800FC9FA04A3DB170714D00C8F274", "header": "Temporary treatment as legal permanent resident", "nested": [], "links": [] }, { "text": "(d) Exception from immunization requirement for certain adopted children \nSection 212(a)(1)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(1)(C) ) is amended— (1) in the heading by striking 10 years and inserting 18 years ; and (2) in clause (i), by striking 10 years and inserting 18 years.", "id": "HCFA55CBA6858432B921F29CE2FAB77C4", "header": "Exception from immunization requirement for certain adopted children", "nested": [], "links": [ { "text": "8 U.S.C. 1182(a)(1)(C)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" } ] }, { "text": "(e) Regulations \nNot later than 90 days after the date of enactment of this Act, the Secretary of State shall prescribe such regulations as may be necessary to carry out this section.", "id": "H919C1E1AAA2442BFB82E3840FED43000", "header": "Regulations", "nested": [], "links": [] } ], "links": [ { "text": "8 U.S.C. 1101(a)(15)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1184", "legal-doc": "usc", "parsable-cite": "usc/8/1184" }, { "text": "8 U.S.C. 1182(a)(1)(C)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" } ] }, { "text": "204. Definition of adoptable child \n(a) In general \nSection 101(c) of the Immigration and Nationality Act ( 8 U.S.C. 1101(c) ) is amended by adding at the end the following: (3) The term adoptable child means an unmarried person under the age of 18— (A) whose biological parents (or parent, in the case of a child who has one sole or surviving parent) or other persons or institutions that retain legal custody of the child— (i) have freely given their written irrevocable consent to the termination of their legal relationship with the child, and to the child’s emigration and adoption; (ii) are unable to provide proper care for the child, as determined by the appropriate governmental authority of the child’s residence; or (iii) have voluntarily relinquished the child to governmental authorities pursuant to the law of the child’s residence; (B) with respect to whom the Secretary of State is satisfied that the proper care will be furnished the child if admitted to the United States; (C) with respect to whom the Secretary of State is satisfied that the purpose of the adoption is to form a bona fide parent-child relationship and that the parent-child relationship of the child and the biological parents has been terminated (and in carrying out both obligations under this subparagraph the Secretary of State, in consultation with the Secretary of Homeland Security, may consider whether there is a petition pending to confer immigrant status on one or both of the biological parents); (D) with respect to whom the Secretary of State, in consultation with the Secretary of Homeland Security, is satisfied that the person is not a security risk; and (E) whose adoption and emigration to the United States has been approved by the competent authority of the country of the child’s place of birth or residence.. (b) Conforming amendment \nSection 204(d) of the Immigration and Nationality Act ( 8 U.S.C. 1154(d) ) is amended by inserting and an adoptable child as defined in section 101(c)(3) before unless a valid home-study.", "id": "H6E3BB168D65F45B4963FB6C67198CB18", "header": "Definition of adoptable child", "nested": [ { "text": "(a) In general \nSection 101(c) of the Immigration and Nationality Act ( 8 U.S.C. 1101(c) ) is amended by adding at the end the following: (3) The term adoptable child means an unmarried person under the age of 18— (A) whose biological parents (or parent, in the case of a child who has one sole or surviving parent) or other persons or institutions that retain legal custody of the child— (i) have freely given their written irrevocable consent to the termination of their legal relationship with the child, and to the child’s emigration and adoption; (ii) are unable to provide proper care for the child, as determined by the appropriate governmental authority of the child’s residence; or (iii) have voluntarily relinquished the child to governmental authorities pursuant to the law of the child’s residence; (B) with respect to whom the Secretary of State is satisfied that the proper care will be furnished the child if admitted to the United States; (C) with respect to whom the Secretary of State is satisfied that the purpose of the adoption is to form a bona fide parent-child relationship and that the parent-child relationship of the child and the biological parents has been terminated (and in carrying out both obligations under this subparagraph the Secretary of State, in consultation with the Secretary of Homeland Security, may consider whether there is a petition pending to confer immigrant status on one or both of the biological parents); (D) with respect to whom the Secretary of State, in consultation with the Secretary of Homeland Security, is satisfied that the person is not a security risk; and (E) whose adoption and emigration to the United States has been approved by the competent authority of the country of the child’s place of birth or residence..", "id": "H3FA98554A683486C9342C4DFD0872400", "header": "In general", "nested": [], "links": [ { "text": "8 U.S.C. 1101(c)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "(b) Conforming amendment \nSection 204(d) of the Immigration and Nationality Act ( 8 U.S.C. 1154(d) ) is amended by inserting and an adoptable child as defined in section 101(c)(3) before unless a valid home-study.", "id": "HE9800AFA87514AB3A0B7F212E9D32EE", "header": "Conforming amendment", "nested": [], "links": [ { "text": "8 U.S.C. 1154(d)", "legal-doc": "usc", "parsable-cite": "usc/8/1154" } ] } ], "links": [ { "text": "8 U.S.C. 1101(c)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1154(d)", "legal-doc": "usc", "parsable-cite": "usc/8/1154" } ] }, { "text": "205. Approval to adopt \n(a) In general \nPrior to the issuance of a visa under section 101(a)(15)(W) of the Immigration and Nationality Act , as added by section 203(a) of this Act, or the issuance of a full and final adoption decree, the United States citizen adoptive parent shall have approved by the Office a petition to adopt. Such petition shall be subject to the same terms and conditions as are applicable to petitions for classification under section 204.3 of title 8 of the Code of Federal Regulations, as in effect on the day before the date of enactment of this Act. (b) Expiration of approval \nApproval to adopt under this Act is valid for 24 months from the date of approval. (c) Expedited reapproval process of families previously approved to adopt \nThe Ambassador at Large shall prescribe such regulations as may be necessary to provide for an expedited and streamlined process for families who have been previously approved to adopt and whose approval has expired, so long as not more than 3 years have lapsed since the original application. (d) Denial of petition \n(1) Notice of intent \nIf the officer adjudicating the petition to adopt finds that it is not readily approvable, the officer shall notify the petitioner, in writing, of the officer’s intent to deny the petition. Such notice shall include the specific reasons why the petition is not readily approvable. (2) Petitioners right to respond \nUpon receiving a notice of intent to deny, the petitioner has 30 days to respond to such notice. (3) Decision \nWithin 30 days of receipt of the petitioner’s response the Office must reach a final decision regarding the eligibility of the petitioner to adopt. Notice of a formal decision must be delivered in writing. (4) Right to an appeal \nUnfavorable decisions may be appealed to the appropriate appellate jurisdiction of the Department of State, and if necessary, Federal court. (5) Regulations regarding appeals \nNot later than 6 months after the date of enactment of this Act, the Ambassador at Large shall promulgate formal regulations regarding the process for appealing the denial of a petition.", "id": "H0E3575219E2C4DD08C9EE85C21712FB2", "header": "Approval to adopt", "nested": [ { "text": "(a) In general \nPrior to the issuance of a visa under section 101(a)(15)(W) of the Immigration and Nationality Act , as added by section 203(a) of this Act, or the issuance of a full and final adoption decree, the United States citizen adoptive parent shall have approved by the Office a petition to adopt. Such petition shall be subject to the same terms and conditions as are applicable to petitions for classification under section 204.3 of title 8 of the Code of Federal Regulations, as in effect on the day before the date of enactment of this Act.", "id": "H9788216E6E254E4AA64DD7D8B99DC78", "header": "In general", "nested": [], "links": [ { "text": "section 204.3", "legal-doc": "usc", "parsable-cite": "usc/8/204" } ] }, { "text": "(b) Expiration of approval \nApproval to adopt under this Act is valid for 24 months from the date of approval.", "id": "H626E36938F3C41ED92B57E80648736E2", "header": "Expiration of approval", "nested": [], "links": [] }, { "text": "(c) Expedited reapproval process of families previously approved to adopt \nThe Ambassador at Large shall prescribe such regulations as may be necessary to provide for an expedited and streamlined process for families who have been previously approved to adopt and whose approval has expired, so long as not more than 3 years have lapsed since the original application.", "id": "H3D0F8145F9CB489793EC320932F670B4", "header": "Expedited reapproval process of families previously approved to adopt", "nested": [], "links": [] }, { "text": "(d) Denial of petition \n(1) Notice of intent \nIf the officer adjudicating the petition to adopt finds that it is not readily approvable, the officer shall notify the petitioner, in writing, of the officer’s intent to deny the petition. Such notice shall include the specific reasons why the petition is not readily approvable. (2) Petitioners right to respond \nUpon receiving a notice of intent to deny, the petitioner has 30 days to respond to such notice. (3) Decision \nWithin 30 days of receipt of the petitioner’s response the Office must reach a final decision regarding the eligibility of the petitioner to adopt. Notice of a formal decision must be delivered in writing. (4) Right to an appeal \nUnfavorable decisions may be appealed to the appropriate appellate jurisdiction of the Department of State, and if necessary, Federal court. (5) Regulations regarding appeals \nNot later than 6 months after the date of enactment of this Act, the Ambassador at Large shall promulgate formal regulations regarding the process for appealing the denial of a petition.", "id": "H6B0482723A244269A09581FDAC52BE8", "header": "Denial of petition", "nested": [], "links": [] } ], "links": [ { "text": "section 204.3", "legal-doc": "usc", "parsable-cite": "usc/8/204" } ] }, { "text": "206. Adjudication of child status \n(a) In general \nPrior to the issuance of a full and final adoption decree or a visa under section 101(a)(15)(W) of the Immigration and Nationality Act , as added by section 203(a) of this Act— (1) the Office shall obtain from the competent authority of the country of the child’s residence a certification, together with documentary support, that the child sought to be adopted meets the description of an adoptable child; and (2) within 30 days of receipt of the certification referred to in paragraph (1), the Office shall make a final determination on whether the certification and the documentary support are sufficient to meet the requirements of this section. (b) Process for determination \n(1) In general \nThe Ambassador at Large shall work with the competent authorities of the child’s country of residence to establish a uniform, transparent, and efficient process for the exchange and approval of the certification and documentary support required under subsection (a). (2) Notice of intent \nIf the Office finds that the certification submitted by the competent authority of the child’s country of origin is not readily approvable, the Office shall— (A) notify the competent authority and the prospective adoptive parents, in writing, of the specific reasons why the certification is not sufficient; and (B) provide the competent authority and the prospective adoptive parents the opportunity to address the stated insufficiencies.", "id": "H808A236ACA3C4A15A9C0D7A99D280682", "header": "Adjudication of child status", "nested": [ { "text": "(a) In general \nPrior to the issuance of a full and final adoption decree or a visa under section 101(a)(15)(W) of the Immigration and Nationality Act , as added by section 203(a) of this Act— (1) the Office shall obtain from the competent authority of the country of the child’s residence a certification, together with documentary support, that the child sought to be adopted meets the description of an adoptable child; and (2) within 30 days of receipt of the certification referred to in paragraph (1), the Office shall make a final determination on whether the certification and the documentary support are sufficient to meet the requirements of this section.", "id": "HCE985C63807B482E82A804ED6DAE5FE", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Process for determination \n(1) In general \nThe Ambassador at Large shall work with the competent authorities of the child’s country of residence to establish a uniform, transparent, and efficient process for the exchange and approval of the certification and documentary support required under subsection (a). (2) Notice of intent \nIf the Office finds that the certification submitted by the competent authority of the child’s country of origin is not readily approvable, the Office shall— (A) notify the competent authority and the prospective adoptive parents, in writing, of the specific reasons why the certification is not sufficient; and (B) provide the competent authority and the prospective adoptive parents the opportunity to address the stated insufficiencies.", "id": "H9BD1B824717E44F8A2420032F54797CD", "header": "Process for determination", "nested": [], "links": [] } ], "links": [] }, { "text": "301. Funds \nThe Secretary of State shall provide the Ambassador at Large with such funds as may be necessary for— (1) the hiring of staff for the Office; (2) investigations conducted by the Office; and (3) travel and other expenses necessary to carry out this Act.", "id": "H9C8A3363DCF24226AA44BA9BA7B8D902", "header": "Funds", "nested": [], "links": [] } ]

[ "Judiciary Committee", "Foreign Affairs Committee" ]

[ { "text": "1. Continuation of trade adjustment assistance for certain workers involved in labor disputes \nSection 233 of the Trade Act of 1974 ( 19 U.S.C. 2293 ) is amended by adding at the end the following: (h) Special rule for certain employees \nIn any case in which an adversely affected worker covered by a certification under subchapter A— (1) is separated from employment from the firm whose workers are covered by the certification, (2) is eligible to receive a trade adjustment allowance under this chapter by reason of such separation, (3) is thereafter recalled to work by the firm, (4) is subsequently denied employment with the firm because of a lockout by the firm in the course of a labor dispute, and (5) would, but for having been recalled to work with the firm, be entitled to receive such trade adjustment allowance, such worker is eligible to receive such trade adjustment allowance, during the period covered by the certification, for each week during which the lockout continues, and the Secretary shall issue a waiver under section 231(c) to the worker, for a period of 6 months, of the requirement to be enrolled in training..", "id": "HC4D9E93ADA2342A3BAB21E868436A415", "header": "Continuation of trade adjustment assistance for certain workers involved in labor disputes", "nested": [], "links": [ { "text": "19 U.S.C. 2293", "legal-doc": "usc", "parsable-cite": "usc/19/2293" } ] }, { "text": "2. Effective date \nThe amendment made by section 1 applies to any adversely affected worker who is covered by a certification under subchapter A of chapter 2 of title II of the Trade Act of 1974 that is made before, on, or after the date of the enactment of this Act.", "id": "H147EB0AB6A0C498DA3CC8DE589479881", "header": "Effective date", "nested": [], "links": [] } ]

[ "Ways and Means Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HD679E63F0BFE45C8BEFAEBCBFF07980", "header": "Short title", "nested": [], "links": [] }, { "text": "101. Findings \nThe Congress makes the following findings: (1) Decisions at many international organizations and other multilateral institutions, including membership and key positions, remain subject to determinations made by regional groups where democratic states are often in the minority and where there is intensive cooperation among repressive regimes. As a result, the United States has often been blocked in its attempts to take action in these institutions to advance its goals and objectives, including at the United Nations Human Rights Commission (where a representative of Libya was elected as chairman and the United States temporarily lost a seat). (2) In order to address these shortcomings, the United States must actively work to improve the workings of international organizations and multilateral institutions, particularly by creating a caucus of democratic countries that will advance United States interests. In the second Ministerial Conference of the Community of Democracies in Seoul, Korea, on November 10-20, 2002, numerous countries recommended working together as a democracy caucus in international organizations such as the United Nations and ensuring that international and regional institutions develop and apply democratic standards for member states.", "id": "H35DE3F53E78142D6B1FC7700C3532EE6", "header": "Findings", "nested": [], "links": [] }, { "text": "102. Establishment of a democracy caucus \n(a) In general \nThe President of the United States, acting through the Secretary of State and the relevant United States chiefs of mission, shall seek to establish a democracy caucus at the United Nations, the United Nations Human Rights Commission, the United Nations Conference on Disarmament, and at other broad-based international organizations. (b) Purposes of the caucus \nA democracy caucus at an international organization should— (1) forge common positions, including, as appropriate, at the ministerial level, on matters of concern before the organization and work within and across regional lines to promote agreed positions; (2) work to revise an increasingly outmoded system of regional voting and decision making; and (3) set up a rotational leadership scheme to provide member states an opportunity, for a set period of time, to serve as the designated president of the caucus, responsible for serving as its voice in each organization.", "id": "H2A79B8C5F51440C3912E32F3FE00F9D", "header": "Establishment of a democracy caucus", "nested": [ { "text": "(a) In general \nThe President of the United States, acting through the Secretary of State and the relevant United States chiefs of mission, shall seek to establish a democracy caucus at the United Nations, the United Nations Human Rights Commission, the United Nations Conference on Disarmament, and at other broad-based international organizations.", "id": "H03737D9584944A069331C48B30DEDF22", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Purposes of the caucus \nA democracy caucus at an international organization should— (1) forge common positions, including, as appropriate, at the ministerial level, on matters of concern before the organization and work within and across regional lines to promote agreed positions; (2) work to revise an increasingly outmoded system of regional voting and decision making; and (3) set up a rotational leadership scheme to provide member states an opportunity, for a set period of time, to serve as the designated president of the caucus, responsible for serving as its voice in each organization.", "id": "HB0AD6A7A3F5F48AEADFE0512E99BF242", "header": "Purposes of the caucus", "nested": [], "links": [] } ], "links": [] }, { "text": "103. Annual diplomatic missions on multilateral issues \nThe Secretary of State, acting through the principal officers responsible for advising the Secretary on international organizations, shall ensure that a high-level delegation from the United States Government, on an annual basis, is sent to consult with key foreign governments in every region in order to promote the United States agenda at key international fora, such as the United Nations General Assembly, United Nations Human Rights Commission, the United Nations Education, Science, and Cultural Organization, and the International Whaling Commission.", "id": "H565706A8ABCF47D6BB9D52FC017F646D", "header": "Annual diplomatic missions on multilateral issues", "nested": [], "links": [] }, { "text": "104. Leadership and membership of international organizations \n(a) United States policy \nThe President, acting through the Secretary of State and the relevant United States chiefs of mission, shall use the voice, vote, and influence of the United States to— (1) where appropriate, reform the criteria for leadership and, in appropriate cases for membership, at all United Nations bodies and at other international organizations and multilateral institutions to which the United States is a member so as to exclude nations that violate the principles of the specific organization; (2) make it a policy of the United Nations and other international organizations and multilateral institutions, of which the United States is a member, that a member state may not stand in nomination or be in rotation for a leadership position in such bodies if the member state is subject to sanctions imposed by the United Nations Security Council; and (3) work to ensure that no member state stand in nomination or be in rotation for a leadership position in such organizations, or for membership of the United Nations Security Council, if the member state is subject to a determination under section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, or section 6(j) of the Export Administration Act. (b) Report to Congress \nNot later than 15 days after a country subject to a determination under section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, or section 6(j) of the Export Administration Act of 1979 is selected for a leadership post in an international organization of which the United States is a member or a membership of the United Nations Security Council, the Secretary of State shall submit to the appropriate congressional committees a report on any steps taken pursuant to subsection (a)(3).", "id": "HCA06BBF5414042CC001DCF2AF3EF5BB", "header": "Leadership and membership of international organizations", "nested": [ { "text": "(a) United States policy \nThe President, acting through the Secretary of State and the relevant United States chiefs of mission, shall use the voice, vote, and influence of the United States to— (1) where appropriate, reform the criteria for leadership and, in appropriate cases for membership, at all United Nations bodies and at other international organizations and multilateral institutions to which the United States is a member so as to exclude nations that violate the principles of the specific organization; (2) make it a policy of the United Nations and other international organizations and multilateral institutions, of which the United States is a member, that a member state may not stand in nomination or be in rotation for a leadership position in such bodies if the member state is subject to sanctions imposed by the United Nations Security Council; and (3) work to ensure that no member state stand in nomination or be in rotation for a leadership position in such organizations, or for membership of the United Nations Security Council, if the member state is subject to a determination under section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, or section 6(j) of the Export Administration Act.", "id": "H41FC2C9FEEF84EC3B4E79398BE63085", "header": "United States policy", "nested": [], "links": [] }, { "text": "(b) Report to Congress \nNot later than 15 days after a country subject to a determination under section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, or section 6(j) of the Export Administration Act of 1979 is selected for a leadership post in an international organization of which the United States is a member or a membership of the United Nations Security Council, the Secretary of State shall submit to the appropriate congressional committees a report on any steps taken pursuant to subsection (a)(3).", "id": "HABA5C90B904D461686E5CA31600F5E4", "header": "Report to Congress", "nested": [], "links": [] } ], "links": [] }, { "text": "105. Increased training in multilateral diplomacy \n(a) Training programs \nSection 708 of the Foreign Service Act of 1980 ( 22 U.S.C. 4028 ) is amended by adding after subsection (b) the following new subsection: (c) Training in multilateral diplomacy \n(1) In general \nThe Secretary shall establish a series of training courses for officers of the Service, including appropriate chiefs of mission, on the conduct of diplomacy at international organizations and other multilateral institutions and at broad-based multilateral negotiations of international instruments. (2) Particular programs \nThe Secretary shall ensure that the training described in paragraph (1) is provided at various stages of the career of members of the service. in particular, the Secretary shall ensure that after January 1, 2006— (A) officers of the Service receive training on the conduct of diplomacy at international organizations and other multilateral institutions and at broad-based multilateral negotiations of international instruments as part of their training upon entry of the Service; and (B) officers of the Service, including chiefs of mission, who are assigned to United States missions representing the United States to international organizations and other multilateral institutions or who are assigned in Washington, D.C., to positions that have as their primary responsibility formulation of policy towards such organizations and institutions or towards participation in broad-based multilateral negotiations of international instruments receive specialized training in the areas described in paragraph (1) prior to beginning of service for such assignment or, if receiving such training at that time is not practical, within the first year of beginning such assignment.. (b) Training for civil service employees \nThe Secretary shall ensure that employees of the Department of State that are members of the civil service and that are assigned to positions described in section 708(c) of the Foreign Service Act of 1980 (as amended by this subtitle) have training described in such section. (c) Conforming amendments \nSection 708 of such Act is further amended— (1) In subsection (a) by striking (a) The and inserting (a) Training on human rights.— The ; and (2) In subsection (b) by striking (b) The and inserting (b) Training on refugee law and religious persecution.— The.", "id": "H8C4D6FCE9F7D47868814F7CD963603D", "header": "Increased training in multilateral diplomacy", "nested": [ { "text": "(a) Training programs \nSection 708 of the Foreign Service Act of 1980 ( 22 U.S.C. 4028 ) is amended by adding after subsection (b) the following new subsection: (c) Training in multilateral diplomacy \n(1) In general \nThe Secretary shall establish a series of training courses for officers of the Service, including appropriate chiefs of mission, on the conduct of diplomacy at international organizations and other multilateral institutions and at broad-based multilateral negotiations of international instruments. (2) Particular programs \nThe Secretary shall ensure that the training described in paragraph (1) is provided at various stages of the career of members of the service. in particular, the Secretary shall ensure that after January 1, 2006— (A) officers of the Service receive training on the conduct of diplomacy at international organizations and other multilateral institutions and at broad-based multilateral negotiations of international instruments as part of their training upon entry of the Service; and (B) officers of the Service, including chiefs of mission, who are assigned to United States missions representing the United States to international organizations and other multilateral institutions or who are assigned in Washington, D.C., to positions that have as their primary responsibility formulation of policy towards such organizations and institutions or towards participation in broad-based multilateral negotiations of international instruments receive specialized training in the areas described in paragraph (1) prior to beginning of service for such assignment or, if receiving such training at that time is not practical, within the first year of beginning such assignment..", "id": "H9C1BE40BBB20490AB66D99A240645728", "header": "Training programs", "nested": [], "links": [ { "text": "22 U.S.C. 4028", "legal-doc": "usc", "parsable-cite": "usc/22/4028" } ] }, { "text": "(b) Training for civil service employees \nThe Secretary shall ensure that employees of the Department of State that are members of the civil service and that are assigned to positions described in section 708(c) of the Foreign Service Act of 1980 (as amended by this subtitle) have training described in such section.", "id": "H1E14EFB8D051433B8E599E4643A6CE5", "header": "Training for civil service employees", "nested": [], "links": [] }, { "text": "(c) Conforming amendments \nSection 708 of such Act is further amended— (1) In subsection (a) by striking (a) The and inserting (a) Training on human rights.— The ; and (2) In subsection (b) by striking (b) The and inserting (b) Training on refugee law and religious persecution.— The.", "id": "H70511931D21A48E3B6061125EFD10067", "header": "Conforming amendments", "nested": [], "links": [] } ], "links": [ { "text": "22 U.S.C. 4028", "legal-doc": "usc", "parsable-cite": "usc/22/4028" } ] }, { "text": "106. Promoting assignments to international organizations \n(a) Promotions \n(1) In general \nSection 603(b) of the Foreign Service Act of 1980 ( 22 U.S.C. 4003 ) is amended by striking the period at the end and inserting: , and shall consider whether the member of the Service has served in a position whose primary responsibility is to formulate policy towards or represent the United States at an international organization, a multilateral institution, or a broad-based multilateral negotiation of an international instrument.. (2) Effective date \nThe amendment made by paragraph (1) shall take effect January 1, 2011. (b) Establishment of a multilateral diplomacy cone in the foreign service \n(1) Findings \nCongress finds the following: (A) The Department of State maintains a number of United States missions both within the United States and abroad that are dedicated to representing the United States to international organizations and multilateral institutions, including missions in New York, Brussels, Geneva, Rome, Montreal, Nairobi, Vienna, and Paris, and which are responsible for United States representation to the United Nations Economics, Scientific and Cultural Organization (UNESCO) and the Organization on Economic Cooperation and Development (OECD). (B) In offices at the Harry S. Truman Building, the Department maintains a significant number of positions in bureaus that are either dedicated, or whose primary responsibility is, to represent the United States to such organizations and institutions or at multilateral negotiations. (C) Given the large number of positions in the United States and abroad that are dedicated to multilateral diplomacy, the Department of State may be well served in developing persons with specialized skills necessary to become experts in this unique form of diplomacy. (2) Report \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report— (A) evaluating whether a new cone should be established for the Foreign Service that concentrates on members of the Service that serve at international organizations and multilateral institutions or are primarily responsible for participation in broad-based multilateral negotiations of international instruments; and (B) provides alternative mechanisms for achieving the objective of developing a core group of United States diplomats and other government employees who have expertise and broad experience in conducting multilateral diplomacy.", "id": "H52ECB1F9FF714A6EB7C47C574DF9946F", "header": "Promoting assignments to international organizations", "nested": [ { "text": "(a) Promotions \n(1) In general \nSection 603(b) of the Foreign Service Act of 1980 ( 22 U.S.C. 4003 ) is amended by striking the period at the end and inserting: , and shall consider whether the member of the Service has served in a position whose primary responsibility is to formulate policy towards or represent the United States at an international organization, a multilateral institution, or a broad-based multilateral negotiation of an international instrument.. (2) Effective date \nThe amendment made by paragraph (1) shall take effect January 1, 2011.", "id": "HE269EEABC837428696D2C33F3941F5E", "header": "Promotions", "nested": [], "links": [ { "text": "22 U.S.C. 4003", "legal-doc": "usc", "parsable-cite": "usc/22/4003" } ] }, { "text": "(b) Establishment of a multilateral diplomacy cone in the foreign service \n(1) Findings \nCongress finds the following: (A) The Department of State maintains a number of United States missions both within the United States and abroad that are dedicated to representing the United States to international organizations and multilateral institutions, including missions in New York, Brussels, Geneva, Rome, Montreal, Nairobi, Vienna, and Paris, and which are responsible for United States representation to the United Nations Economics, Scientific and Cultural Organization (UNESCO) and the Organization on Economic Cooperation and Development (OECD). (B) In offices at the Harry S. Truman Building, the Department maintains a significant number of positions in bureaus that are either dedicated, or whose primary responsibility is, to represent the United States to such organizations and institutions or at multilateral negotiations. (C) Given the large number of positions in the United States and abroad that are dedicated to multilateral diplomacy, the Department of State may be well served in developing persons with specialized skills necessary to become experts in this unique form of diplomacy. (2) Report \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report— (A) evaluating whether a new cone should be established for the Foreign Service that concentrates on members of the Service that serve at international organizations and multilateral institutions or are primarily responsible for participation in broad-based multilateral negotiations of international instruments; and (B) provides alternative mechanisms for achieving the objective of developing a core group of United States diplomats and other government employees who have expertise and broad experience in conducting multilateral diplomacy.", "id": "H3F98C88F44BE4F0E9CD06305622D33A1", "header": "Establishment of a multilateral diplomacy cone in the foreign service", "nested": [], "links": [] } ], "links": [ { "text": "22 U.S.C. 4003", "legal-doc": "usc", "parsable-cite": "usc/22/4003" } ] }, { "text": "107. Implementation and establishment of Office on Multilateral Negotiations \n(a) Establishment of office \nThe Secretary of State is authorized to establish, within the Bureau of International Organizational Affairs, an Office on Multilateral Negotiations to be headed by a Special Representative for Multilateral Negotiations (in this section referred to as the special representative ). (b) Appointment \nThe special representative shall be appointed by the President with the advice and consent of the Senate and shall have the rank of Ambassador-at-Large. At the discretion of the President another official at the Department may serve as the special representative. The President may direct that the special representative report to the Assistant Secretary for International Organizations. (c) Staffing \nThe special representative shall have a staff of foreign service and civil service officers skilled in multilateral diplomacy. (d) Duties \nThe special representative shall have the following responsibilities: (1) In general \nThe primary responsibility of the special representative shall be to assist in the organization of, and preparation for, United States participation in multilateral negotiations, including the advocacy efforts undertaken by the Department of State and other United States agencies. (2) Advisory role \nThe special representative shall advise the President and the Secretary of State, as appropriate, regarding advocacy at international organizations and multilateral institutions and negotiations and, in coordination with the assistant Secretary of State for international organizational affairs, shall make recommendations regarding— (A) effective strategies (and tactics) to achieve United States policy objectives at multilateral negotiations; (B) the need for and timing of high level intervention by the President, the Secretary of State, the Deputy Secretary of State, and other United States officials to secure support from key foreign government officials for the United States position at such organizations, institutions, and negotiations; (C) the composition of United States delegations to multilateral negotiations; and (D) liaison with Congress, international organizations, nongovernmental organizations, and the private sector on matters affecting multilateral negotiations. (3) Democracy caucus \nThe special representative, in coordination with the Assistant Secretary for International Organizational Affairs, shall ensure the establishment of a democracy caucus. (4) Annual diplomatic missions of multilateral issues \nThe special representative, in coordination with the Assistant Secretary for International Organizational Affairs, shall organize annual diplomatic missions to appropriate foreign countries to conduct consultations between principal officers responsible for advising the Secretary of State on international organizations and high-level representatives of the governments of such foreign countries to promote the United States agenda at the United Nations General Assembly and other key international fora (such as the United Nations Human Rights Commission). (5) Leadership and membership of international organizations \nThe special representative, in coordination with the Assistant Secretary of International Organizational Affairs, shall direct the efforts of the United States Government to reform the criteria for leadership and membership of international organizations as described in section 104. (6) Participation in multilateral negotiations \nThe special representative, or members of the special representative’s staff, may, as required by the President or the Secretary of State, serve on a United States delegation to any multilateral negotiation. (e) Report \nNot later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit a plan to establish a democracy caucus to the appropriate congressional committees. The report required by section 106(b)(2) may be submitted together with the report under this subsection.", "id": "H949534B6B2D041B49C8526F802B65B4", "header": "Implementation and establishment of Office on Multilateral Negotiations", "nested": [ { "text": "(a) Establishment of office \nThe Secretary of State is authorized to establish, within the Bureau of International Organizational Affairs, an Office on Multilateral Negotiations to be headed by a Special Representative for Multilateral Negotiations (in this section referred to as the special representative ).", "id": "HAA7CDAF2AB5348EF88BC17864636D19B", "header": "Establishment of office", "nested": [], "links": [] }, { "text": "(b) Appointment \nThe special representative shall be appointed by the President with the advice and consent of the Senate and shall have the rank of Ambassador-at-Large. At the discretion of the President another official at the Department may serve as the special representative. The President may direct that the special representative report to the Assistant Secretary for International Organizations.", "id": "HFDFC71438A3E4DDBA65D2892A3A2C0C6", "header": "Appointment", "nested": [], "links": [] }, { "text": "(c) Staffing \nThe special representative shall have a staff of foreign service and civil service officers skilled in multilateral diplomacy.", "id": "HBEC885EEF0AD4D0DA8C2BAD09775B65", "header": "Staffing", "nested": [], "links": [] }, { "text": "(d) Duties \nThe special representative shall have the following responsibilities: (1) In general \nThe primary responsibility of the special representative shall be to assist in the organization of, and preparation for, United States participation in multilateral negotiations, including the advocacy efforts undertaken by the Department of State and other United States agencies. (2) Advisory role \nThe special representative shall advise the President and the Secretary of State, as appropriate, regarding advocacy at international organizations and multilateral institutions and negotiations and, in coordination with the assistant Secretary of State for international organizational affairs, shall make recommendations regarding— (A) effective strategies (and tactics) to achieve United States policy objectives at multilateral negotiations; (B) the need for and timing of high level intervention by the President, the Secretary of State, the Deputy Secretary of State, and other United States officials to secure support from key foreign government officials for the United States position at such organizations, institutions, and negotiations; (C) the composition of United States delegations to multilateral negotiations; and (D) liaison with Congress, international organizations, nongovernmental organizations, and the private sector on matters affecting multilateral negotiations. (3) Democracy caucus \nThe special representative, in coordination with the Assistant Secretary for International Organizational Affairs, shall ensure the establishment of a democracy caucus. (4) Annual diplomatic missions of multilateral issues \nThe special representative, in coordination with the Assistant Secretary for International Organizational Affairs, shall organize annual diplomatic missions to appropriate foreign countries to conduct consultations between principal officers responsible for advising the Secretary of State on international organizations and high-level representatives of the governments of such foreign countries to promote the United States agenda at the United Nations General Assembly and other key international fora (such as the United Nations Human Rights Commission). (5) Leadership and membership of international organizations \nThe special representative, in coordination with the Assistant Secretary of International Organizational Affairs, shall direct the efforts of the United States Government to reform the criteria for leadership and membership of international organizations as described in section 104. (6) Participation in multilateral negotiations \nThe special representative, or members of the special representative’s staff, may, as required by the President or the Secretary of State, serve on a United States delegation to any multilateral negotiation.", "id": "HA73889F172CD45DDB8DD1DFFA1F24266", "header": "Duties", "nested": [], "links": [] }, { "text": "(e) Report \nNot later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit a plan to establish a democracy caucus to the appropriate congressional committees. The report required by section 106(b)(2) may be submitted together with the report under this subsection.", "id": "H713D5F3BF18E4AA593924B92ACF9522E", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "108. Definition \nIn this title, the term appropriate congressional committees means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate.", "id": "H88020181A51F4155AA0993696E4568E7", "header": "Definition", "nested": [], "links": [] }, { "text": "201. Reports relating to Magen David Adom society \n(a) Findings \nSection 690(a) of the Foreign Relations Authorization Act , Fiscal Year 2003 ( Public Law 107–228 ) is amended by adding at the end the following: (5) Since the founding of the Magen David Adom in 1930, the American Red Cross has regarded it as a sister national society forging close working ties between the two societies and has consistently advocated recognition and membership of the Magen David Adom in the International Red Cross and Red Crescent Movement. (6) The American Red Cross and Magen David Adom signed an important memorandum of understanding in November 2002, outlining areas for strategic collaboration, and the American Red Cross will encourage other societies to establish similar agreements with Magen David Adom.. (b) Sense of Congress \nSection 690(b) of such Act is amended— (1) in paragraph (3) after the semicolon by striking and ; (2) by redesignating paragraph (4) as paragraph (5); and (3) by inserting after paragraph (3) the following new paragraph: (4) the High Contracting Parties to the Geneva Conventions of August 12, 1949, should adopt the October 12, 2000, draft additional protocol which would accord international recognition to an additional distinctive emblem; and. (c) Report \nSection 690 of such Act is further amended by adding at the end the following: (c) Report \nNot later than 60 days after the date of the enactment of the United States International Leadership Act of 2004, and annually thereafter, the Secretary of State shall submit a report, on a classified basis if necessary, to the appropriate congressional committees describing— (1) efforts by the United States to obtain full membership for the Magen David Adom in the International Red Cross Movement; (2) efforts by the International Committee of the Red Cross to obtain full membership for the Magen David Adom in the International Red Cross Movement; (3) efforts of the High Contracting Parties to the Geneva Convention of 1949 to adopt the October 12, 2000, draft additional protocol; and (4) the extent to which the Magen David Adom of Israel is participating in the activities of the International Red Cross and Red Crescent Movement..", "id": "H8FBD2DC515CF499FA0650700C9009B20", "header": "Reports relating to Magen David Adom society", "nested": [ { "text": "(a) Findings \nSection 690(a) of the Foreign Relations Authorization Act , Fiscal Year 2003 ( Public Law 107–228 ) is amended by adding at the end the following: (5) Since the founding of the Magen David Adom in 1930, the American Red Cross has regarded it as a sister national society forging close working ties between the two societies and has consistently advocated recognition and membership of the Magen David Adom in the International Red Cross and Red Crescent Movement. (6) The American Red Cross and Magen David Adom signed an important memorandum of understanding in November 2002, outlining areas for strategic collaboration, and the American Red Cross will encourage other societies to establish similar agreements with Magen David Adom..", "id": "H4029462E4A764289B23442F14847BEF1", "header": "Findings", "nested": [], "links": [ { "text": "Public Law 107–228", "legal-doc": "public-law", "parsable-cite": "pl/107/228" } ] }, { "text": "(b) Sense of Congress \nSection 690(b) of such Act is amended— (1) in paragraph (3) after the semicolon by striking and ; (2) by redesignating paragraph (4) as paragraph (5); and (3) by inserting after paragraph (3) the following new paragraph: (4) the High Contracting Parties to the Geneva Conventions of August 12, 1949, should adopt the October 12, 2000, draft additional protocol which would accord international recognition to an additional distinctive emblem; and.", "id": "HF117A8E0A45D4F728E056E5DC8EA100", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "(c) Report \nSection 690 of such Act is further amended by adding at the end the following: (c) Report \nNot later than 60 days after the date of the enactment of the United States International Leadership Act of 2004, and annually thereafter, the Secretary of State shall submit a report, on a classified basis if necessary, to the appropriate congressional committees describing— (1) efforts by the United States to obtain full membership for the Magen David Adom in the International Red Cross Movement; (2) efforts by the International Committee of the Red Cross to obtain full membership for the Magen David Adom in the International Red Cross Movement; (3) efforts of the High Contracting Parties to the Geneva Convention of 1949 to adopt the October 12, 2000, draft additional protocol; and (4) the extent to which the Magen David Adom of Israel is participating in the activities of the International Red Cross and Red Crescent Movement..", "id": "H52EE4509239C4C4900E800E4F000EE10", "header": "Report", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 107–228", "legal-doc": "public-law", "parsable-cite": "pl/107/228" } ] }, { "text": "202. Voluntary Contribution to Organization of American States \nThere are authorized to be appropriated $2,000,000 for a United States voluntary contribution to the Organization of American States for the Inter-American Committee Against Terrorism (CICTE) to identify and develop a port in the Latin American and Caribbean region into a model of best security practices and appropriate technologies for improving port security in the Western Hemisphere. Amounts authorized to be appropriated under this section are authorized to remain available until expended and are in addition to amounts otherwise available to carry out section 301 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2221 ).", "id": "H2885F02FBE074170A0FD39F66CDB96FD", "header": "Voluntary Contribution to Organization of American States", "nested": [], "links": [ { "text": "22 U.S.C. 2221", "legal-doc": "usc", "parsable-cite": "usc/22/2221" } ] }, { "text": "203. Combatting the piracy of United States copyrighted materials \n(a) Authorization of appropriations \nIn addition to such amounts as may otherwise be authorized to be appropriated for such purpose, there are authorized to be appropriated for the Department of State, $10,000,000 to carry out the following activities in countries that are not members of the Organization for Economic Cooperation and Development (OECD): (1) Provision of equipment and training for foreign law enforcement, including in the interpretation of intellectual property laws. (2) Training for judges and prosecutors, including in the interpretation of intellectual property laws. (3) Assistance in complying with obligations under appropriate international copyright and intellectual property treaties and agreements. (b) Consultation with World Intellectual Property Organization \nIn carrying out subsection (a), the Department of State should make every effort to consult with, and provide appropriate assistance to, the World Intellectual Property Organization to promote the integration of non-OECD countries into the global intellectual property system.", "id": "H017CED87276D44D8B856ACDC92C399AE", "header": "Combatting the piracy of United States copyrighted materials", "nested": [ { "text": "(a) Authorization of appropriations \nIn addition to such amounts as may otherwise be authorized to be appropriated for such purpose, there are authorized to be appropriated for the Department of State, $10,000,000 to carry out the following activities in countries that are not members of the Organization for Economic Cooperation and Development (OECD): (1) Provision of equipment and training for foreign law enforcement, including in the interpretation of intellectual property laws. (2) Training for judges and prosecutors, including in the interpretation of intellectual property laws. (3) Assistance in complying with obligations under appropriate international copyright and intellectual property treaties and agreements.", "id": "H59D8CE2CCA794D5E9D9FC85CC11D9DC7", "header": "Authorization of appropriations", "nested": [], "links": [] }, { "text": "(b) Consultation with World Intellectual Property Organization \nIn carrying out subsection (a), the Department of State should make every effort to consult with, and provide appropriate assistance to, the World Intellectual Property Organization to promote the integration of non-OECD countries into the global intellectual property system.", "id": "H2BC5202419C84E2999F8861799DC161", "header": "Consultation with World Intellectual Property Organization", "nested": [], "links": [] } ], "links": [] } ]

[ "Foreign Relations Committee", "Foreign Affairs Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H6203773FC7124226969B2336FE263CB5", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Uniform definition of child \n(a) Personal exemption \n(1) In general \nSection 151 of the Internal Revenue Code of 1986 is amended by redesignating subsections (c) and (d) as subsections (d) and (e), respectively, and by inserting after subsection (b) the following new subsection: (c) Additional exemption for qualifying children \n(1) In general \nAn exemption of the exemption amount for each qualifying child. (2) Qualifying child \nFor purposes of this section, the term qualifying child means, with respect to any taxpayer for any taxable year, an individual— (A) who bears a relationship to the taxpayer described in paragraph (3), (B) who has the same principal place of abode as the taxpayer for more than 1/2 of such taxable year, and (C) who meets the age requirements of paragraph (4). An individual shall not be treated as failing to meet the requirements of subparagraph (B) by reason of time of birth or death or by reason of temporary absences or other circumstances specified in the regulations prescribed by the Secretary. (3) Relationship test \n(A) In general \nFor purposes of paragraph (2)(A), an individual bears a relationship to the taxpayer described in this paragraph if such individual is— (i) a son, daughter, stepson, or stepdaughter of the taxpayer or a descendant of any such relative, (ii) a brother, sister, stepbrother, or stepsister of the taxpayer or a descendant of any such relative, whom the taxpayer cares for as the taxpayer’s own child, or (iii) an eligible foster child of the taxpayer. (B) Adopted child \nFor purposes of subparagraph (A), a child who is legally adopted, or who is placed with the taxpayer by an authorized placement agency for adoption by the taxpayer, shall be treated as a child by blood. (C) Eligible foster child \nFor purposes of subparagraph (A), the term eligible foster child means an individual— (i) who is placed with the taxpayer by an authorized placement agency or by judgment, decree, or other order of any court of competent jurisdiction, and (ii) whom the taxpayer cares for as the taxpayer’s own child. (4) Age requirements \nFor purposes of paragraph (2)(C), an individual meets the requirements of this paragraph if such individual— (A) has not attained the age of 19 as of the close of the calendar year in which the taxable year of the taxpayer begins, (B) is a student who has not attained the age of 24 as of the close of such calendar year, or (C) is permanently and totally disabled (as defined in section 22(e)(3)) at any time during the taxable year. (5) Special rules \n(A) Married dependents \nAn individual shall not be a qualifying child of a taxpayer if such individual makes a joint return with the individual’s spouse under section 6013 for the taxable year beginning in the calendar year in which the taxable year of the taxpayer begins. (B) Individuals who support themselves \nAn individual shall not be a qualifying child of a taxpayer if such individual provides over half of such individual’s own support for the calendar year in which the taxable year of the taxpayer begins. (C) Only 1 exemption amount \nAn individual who is a qualifying child of any taxpayer shall not be treated as the dependent of any taxpayer for purposes of this part. (6) Special rule relating to 2 or more claiming qualifying child \n(A) In general \nExcept as provided in paragraph (7), if an individual would (but for this paragraph) be a qualifying child of 2 or more taxpayers for taxable years beginning in the same calendar year, such individual shall be treated as the qualifying child of the taxpayer who is— (i) a parent of the individual, or (ii) if none of such taxpayers is a parent of the individual, the taxpayer with the highest adjusted gross income for such taxable year. (B) Parents not filing joint returns \nIf an individual would (but for this paragraph) be a qualifying child of both parents of such individual and such parents do not file a joint return together, such child shall be treated as the qualifying child of— (i) the parent with whom the child resided for the longest period during the taxable year, or (ii) if the child resides with both parents for the same length of time during such taxable year, the parent with the highest adjusted gross income. (C) Foster children \nFor purposes of this paragraph, the taxpayer shall be treated as a parent of any eligible foster child who has the same principal place of abode as the taxpayer for more than one-half of such taxable year. (7) Special rule for certain pre-2006 instruments \n(A) In general \nNotwithstanding paragraph (6), a child who has parents who— (i) are divorced or legally separated under a decree of divorce or separate maintenance, (ii) are separated under a written separation agreement, or (iii) live apart at all times during the last 6 months of the calendar year, shall be treated as being the qualifying child of the noncustodial parent for a calendar year if the requirements of subparagraph (B) are met. (B) Requirements \nFor purposes of subparagraph (A), the requirements of this subparagraph are met if— (i) such child would, but for this paragraph, be the qualifying child of the custodial parent, and (ii) a qualified pre-2006 instrument between the parents is applicable to such child for the taxable year beginning in such calendar year. In the case of an agreement executed before January 1, 1985, the requirements of this subparagraph are met only if, in addition to meeting the requirements of clauses (i) and (ii), the noncustodial parent provides at least $600 for the support of such child during such calendar year. (C) Qualified pre-2006 instrument \nFor purposes of this paragraph, the term qualified pre-2006 instrument means any written declaration referred to in subsection (e)(2) (as in effect on the day before the date of the enactment of the )— (i) which is executed before January 1, 2006, and (ii) which is not modified on or after such date in a modification which expressly provides that this subsection shall not apply to such declaration. (D) Custodial parent and noncustodial parent \nFor purposes of this subsection— (i) Custodial parent \nThe term custodial parent means the parent with whom a child shared the same principal place of abode for the greater portion of the calendar year. (ii) Noncustodial parent \nThe term noncustodial parent means the parent who is not the custodial parent. (E) Special rules for support \nFor purposes of this subsection— (i) amounts expended for the support of a child or children shall be treated as received from the noncustodial parent to the extent that such parent provided amounts for such support, and (ii) in the case of the remarriage of a parent, support of a child received from the parent’s spouse shall be treated as received from the parent.. (2) Conforming amendments \n(A) Section 152 of such Code is amended by striking subsection (e) (relating to support test in case of child of divorced parents, etc.). (B) Paragraph (6) of section 1(f) of such Code is amended— (i) in subparagraph (A) by striking 151(d)(4) and inserting 151(e)(4) , and (ii) in subparagraph (B) by striking 151(d)(3)(A) and inserting 151(e)(3)(A). (C) Paragraph (5) of section 21(e) of such Code is amended— (i) by striking paragraph (2) or (4) of section 152(e) and inserting section 151(c)(7) , and (ii) by striking section 152(e)(1) and inserting section 151(c)(7). (D) Sections 21(e)(6) and 129(c) of such Code are each amended— (i) by striking 151(c) and inserting 151(d) , and (ii) by striking 151(c)(3) and inserting 151(d)(3). (E) Sections 25B(c)(2)(B), 32(c)(3)(C)(ii), 152(d)(2), and 2032A(c)(7)(D) of such Code are each amended by striking 151(c)(4) and inserting 151(d)(4). (F) Sections 72(t)(7)(A)(iii) and 132(h)(2)(B) of such Code are each amended by striking 151(c)(3) and inserting 151(d)(3). (G) Clause (i) of section 642(b)(2)(C) of such Code is amended— (i) by striking 151(d) and inserting 151(e) , and (ii) by striking 151(d)(3)(C)(iii) and inserting 151(e)(3)(C)(iii). (H) Paragraph (1) of section 3402(f) of such Code is amended— (i) in subparagraph (A) by striking 151(d)(2) and inserting 151(e)(2) , and (ii) in subparagraph (C) by striking 151(c) and inserting 151(d). (I) Subparagraph (B) of section 3402(r)(2) of such Code is amended by striking 151(d) and inserting 151(e). (J) Paragraph (1) of section 6012(a) of such Code is amended— (i) in subparagraph (A)— (I) by striking 151(c) and inserting 151(d) , and (ii) in subparagraph (D)(ii)— (I) by striking 151(d) and inserting 151(e) , and (II) by striking 151(d)(2) and inserting 151(e)(2). (K) The last sentence of section 6013(b)(3)(A) of such Code is amended by striking 151(d) and inserting 151(e). (L) Section 7703(b)(1) of such Code is amended by striking 151(c)(3) and inserting 151(c)(2). (b) Application of uniform definition to dependent care credit \n(1) In general \nSection 21(b)(1)(A) of such Code is amended to read as follows: (A) a qualifying child of the taxpayer (as defined in section 151(c)) who has not attained age 13,. (2) Repeal of maintenance of household test \nSection 21(a)(1) of such Code is amended by striking who maintains a household which includes as a member and inserting with respect to whom there are. (c) Application of uniform definition to child tax credit \nSection 24(c)(1) of such Code is amended to read as follows: (1) In general \nThe term qualifying child means a qualifying child of the taxpayer (as defined in section 151(c)) who has not attained age 17 as of the close of the calendar year in which the taxable year of the taxpayer begins.. (d) Application of uniform definition to earned income credit \n(1) In general \nParagraph (3) of section 32(c) of such Code is amended to read as follows: (3) Qualifying child \n(A) In general \nThe term qualifying child means a qualifying child of the taxpayer (as defined in section 151(c)). (B) Place of abode \nFor purposes of subparagraph (A), the requirements of section 151(c)(2)(B) shall be met only if the principal place of abode is in the United States. (C) Identification requirements \n(i) In general \nA qualifying child shall not be taken into account under subsection (b) unless the taxpayer includes the name, age, and TIN of the qualifying child on the return of tax for the taxable year. (ii) Other methods \nThe Secretary may prescribe other methods for providing the information described in clause (i).. (2) Conforming amendments \n(A) Section 32(c)(1) of such Code is amended by striking subparagraph (C) and by redesignating subparagraphs (D), (E), (F), and (G) as subparagraphs (C), (D), (E), and (F), respectively. (B) Section 32(c)(4) of such Code is amended by striking (3)(E) and inserting (3)(B). (C) Section 32(m) of such Code is amended by striking subsections (c)(1)(F) and inserting subsections (c)(1)(E). (e) Application of uniform definition to credit for health insurance costs of eligible individuals \nSection 35(d)(1)(B) of such Code is amended to read as follows: (B) a qualifying child of the taxpayer (as defined in section 151(c)).. (f) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2004. (g) Regulations \nNot later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury shall issue regulations or other guidance defining place of abode and principal place of abode for purposes of sections 151(c), 21, 24, 32, and 35 of the Internal Revenue Code of 1986, as amended by this section.", "id": "HE17594E903D7429D9CC06462531E4BEF", "header": "Uniform definition of child", "nested": [ { "text": "(a) Personal exemption \n(1) In general \nSection 151 of the Internal Revenue Code of 1986 is amended by redesignating subsections (c) and (d) as subsections (d) and (e), respectively, and by inserting after subsection (b) the following new subsection: (c) Additional exemption for qualifying children \n(1) In general \nAn exemption of the exemption amount for each qualifying child. (2) Qualifying child \nFor purposes of this section, the term qualifying child means, with respect to any taxpayer for any taxable year, an individual— (A) who bears a relationship to the taxpayer described in paragraph (3), (B) who has the same principal place of abode as the taxpayer for more than 1/2 of such taxable year, and (C) who meets the age requirements of paragraph (4). An individual shall not be treated as failing to meet the requirements of subparagraph (B) by reason of time of birth or death or by reason of temporary absences or other circumstances specified in the regulations prescribed by the Secretary. (3) Relationship test \n(A) In general \nFor purposes of paragraph (2)(A), an individual bears a relationship to the taxpayer described in this paragraph if such individual is— (i) a son, daughter, stepson, or stepdaughter of the taxpayer or a descendant of any such relative, (ii) a brother, sister, stepbrother, or stepsister of the taxpayer or a descendant of any such relative, whom the taxpayer cares for as the taxpayer’s own child, or (iii) an eligible foster child of the taxpayer. (B) Adopted child \nFor purposes of subparagraph (A), a child who is legally adopted, or who is placed with the taxpayer by an authorized placement agency for adoption by the taxpayer, shall be treated as a child by blood. (C) Eligible foster child \nFor purposes of subparagraph (A), the term eligible foster child means an individual— (i) who is placed with the taxpayer by an authorized placement agency or by judgment, decree, or other order of any court of competent jurisdiction, and (ii) whom the taxpayer cares for as the taxpayer’s own child. (4) Age requirements \nFor purposes of paragraph (2)(C), an individual meets the requirements of this paragraph if such individual— (A) has not attained the age of 19 as of the close of the calendar year in which the taxable year of the taxpayer begins, (B) is a student who has not attained the age of 24 as of the close of such calendar year, or (C) is permanently and totally disabled (as defined in section 22(e)(3)) at any time during the taxable year. (5) Special rules \n(A) Married dependents \nAn individual shall not be a qualifying child of a taxpayer if such individual makes a joint return with the individual’s spouse under section 6013 for the taxable year beginning in the calendar year in which the taxable year of the taxpayer begins. (B) Individuals who support themselves \nAn individual shall not be a qualifying child of a taxpayer if such individual provides over half of such individual’s own support for the calendar year in which the taxable year of the taxpayer begins. (C) Only 1 exemption amount \nAn individual who is a qualifying child of any taxpayer shall not be treated as the dependent of any taxpayer for purposes of this part. (6) Special rule relating to 2 or more claiming qualifying child \n(A) In general \nExcept as provided in paragraph (7), if an individual would (but for this paragraph) be a qualifying child of 2 or more taxpayers for taxable years beginning in the same calendar year, such individual shall be treated as the qualifying child of the taxpayer who is— (i) a parent of the individual, or (ii) if none of such taxpayers is a parent of the individual, the taxpayer with the highest adjusted gross income for such taxable year. (B) Parents not filing joint returns \nIf an individual would (but for this paragraph) be a qualifying child of both parents of such individual and such parents do not file a joint return together, such child shall be treated as the qualifying child of— (i) the parent with whom the child resided for the longest period during the taxable year, or (ii) if the child resides with both parents for the same length of time during such taxable year, the parent with the highest adjusted gross income. (C) Foster children \nFor purposes of this paragraph, the taxpayer shall be treated as a parent of any eligible foster child who has the same principal place of abode as the taxpayer for more than one-half of such taxable year. (7) Special rule for certain pre-2006 instruments \n(A) In general \nNotwithstanding paragraph (6), a child who has parents who— (i) are divorced or legally separated under a decree of divorce or separate maintenance, (ii) are separated under a written separation agreement, or (iii) live apart at all times during the last 6 months of the calendar year, shall be treated as being the qualifying child of the noncustodial parent for a calendar year if the requirements of subparagraph (B) are met. (B) Requirements \nFor purposes of subparagraph (A), the requirements of this subparagraph are met if— (i) such child would, but for this paragraph, be the qualifying child of the custodial parent, and (ii) a qualified pre-2006 instrument between the parents is applicable to such child for the taxable year beginning in such calendar year. In the case of an agreement executed before January 1, 1985, the requirements of this subparagraph are met only if, in addition to meeting the requirements of clauses (i) and (ii), the noncustodial parent provides at least $600 for the support of such child during such calendar year. (C) Qualified pre-2006 instrument \nFor purposes of this paragraph, the term qualified pre-2006 instrument means any written declaration referred to in subsection (e)(2) (as in effect on the day before the date of the enactment of the )— (i) which is executed before January 1, 2006, and (ii) which is not modified on or after such date in a modification which expressly provides that this subsection shall not apply to such declaration. (D) Custodial parent and noncustodial parent \nFor purposes of this subsection— (i) Custodial parent \nThe term custodial parent means the parent with whom a child shared the same principal place of abode for the greater portion of the calendar year. (ii) Noncustodial parent \nThe term noncustodial parent means the parent who is not the custodial parent. (E) Special rules for support \nFor purposes of this subsection— (i) amounts expended for the support of a child or children shall be treated as received from the noncustodial parent to the extent that such parent provided amounts for such support, and (ii) in the case of the remarriage of a parent, support of a child received from the parent’s spouse shall be treated as received from the parent.. (2) Conforming amendments \n(A) Section 152 of such Code is amended by striking subsection (e) (relating to support test in case of child of divorced parents, etc.). (B) Paragraph (6) of section 1(f) of such Code is amended— (i) in subparagraph (A) by striking 151(d)(4) and inserting 151(e)(4) , and (ii) in subparagraph (B) by striking 151(d)(3)(A) and inserting 151(e)(3)(A). (C) Paragraph (5) of section 21(e) of such Code is amended— (i) by striking paragraph (2) or (4) of section 152(e) and inserting section 151(c)(7) , and (ii) by striking section 152(e)(1) and inserting section 151(c)(7). (D) Sections 21(e)(6) and 129(c) of such Code are each amended— (i) by striking 151(c) and inserting 151(d) , and (ii) by striking 151(c)(3) and inserting 151(d)(3). (E) Sections 25B(c)(2)(B), 32(c)(3)(C)(ii), 152(d)(2), and 2032A(c)(7)(D) of such Code are each amended by striking 151(c)(4) and inserting 151(d)(4). (F) Sections 72(t)(7)(A)(iii) and 132(h)(2)(B) of such Code are each amended by striking 151(c)(3) and inserting 151(d)(3). (G) Clause (i) of section 642(b)(2)(C) of such Code is amended— (i) by striking 151(d) and inserting 151(e) , and (ii) by striking 151(d)(3)(C)(iii) and inserting 151(e)(3)(C)(iii). (H) Paragraph (1) of section 3402(f) of such Code is amended— (i) in subparagraph (A) by striking 151(d)(2) and inserting 151(e)(2) , and (ii) in subparagraph (C) by striking 151(c) and inserting 151(d). (I) Subparagraph (B) of section 3402(r)(2) of such Code is amended by striking 151(d) and inserting 151(e). (J) Paragraph (1) of section 6012(a) of such Code is amended— (i) in subparagraph (A)— (I) by striking 151(c) and inserting 151(d) , and (ii) in subparagraph (D)(ii)— (I) by striking 151(d) and inserting 151(e) , and (II) by striking 151(d)(2) and inserting 151(e)(2). (K) The last sentence of section 6013(b)(3)(A) of such Code is amended by striking 151(d) and inserting 151(e). (L) Section 7703(b)(1) of such Code is amended by striking 151(c)(3) and inserting 151(c)(2).", "id": "H4139EDF3B35244B3A526B959FC39AB94", "header": "Personal exemption", "nested": [], "links": [ { "text": "Section 151", "legal-doc": "usc", "parsable-cite": "usc/26/151" } ] }, { "text": "(b) Application of uniform definition to dependent care credit \n(1) In general \nSection 21(b)(1)(A) of such Code is amended to read as follows: (A) a qualifying child of the taxpayer (as defined in section 151(c)) who has not attained age 13,. (2) Repeal of maintenance of household test \nSection 21(a)(1) of such Code is amended by striking who maintains a household which includes as a member and inserting with respect to whom there are.", "id": "HF874AA400DBD45B9B6261D7EDB4C302E", "header": "Application of uniform definition to dependent care credit", "nested": [], "links": [] }, { "text": "(c) Application of uniform definition to child tax credit \nSection 24(c)(1) of such Code is amended to read as follows: (1) In general \nThe term qualifying child means a qualifying child of the taxpayer (as defined in section 151(c)) who has not attained age 17 as of the close of the calendar year in which the taxable year of the taxpayer begins..", "id": "H2C5C3A21F77647ADB07DE7B4DDCF7A2", "header": "Application of uniform definition to child tax credit", "nested": [], "links": [] }, { "text": "(d) Application of uniform definition to earned income credit \n(1) In general \nParagraph (3) of section 32(c) of such Code is amended to read as follows: (3) Qualifying child \n(A) In general \nThe term qualifying child means a qualifying child of the taxpayer (as defined in section 151(c)). (B) Place of abode \nFor purposes of subparagraph (A), the requirements of section 151(c)(2)(B) shall be met only if the principal place of abode is in the United States. (C) Identification requirements \n(i) In general \nA qualifying child shall not be taken into account under subsection (b) unless the taxpayer includes the name, age, and TIN of the qualifying child on the return of tax for the taxable year. (ii) Other methods \nThe Secretary may prescribe other methods for providing the information described in clause (i).. (2) Conforming amendments \n(A) Section 32(c)(1) of such Code is amended by striking subparagraph (C) and by redesignating subparagraphs (D), (E), (F), and (G) as subparagraphs (C), (D), (E), and (F), respectively. (B) Section 32(c)(4) of such Code is amended by striking (3)(E) and inserting (3)(B). (C) Section 32(m) of such Code is amended by striking subsections (c)(1)(F) and inserting subsections (c)(1)(E).", "id": "HE6498A83156445668600681D06C79674", "header": "Application of uniform definition to earned income credit", "nested": [], "links": [] }, { "text": "(e) Application of uniform definition to credit for health insurance costs of eligible individuals \nSection 35(d)(1)(B) of such Code is amended to read as follows: (B) a qualifying child of the taxpayer (as defined in section 151(c))..", "id": "H571E85BB5893450F8E6F76D28B1B6917", "header": "Application of uniform definition to credit for health insurance costs of eligible individuals", "nested": [], "links": [] }, { "text": "(f) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2004.", "id": "H03134C5551E642CFA3CF2B69C6626D7F", "header": "Effective date", "nested": [], "links": [] }, { "text": "(g) Regulations \nNot later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury shall issue regulations or other guidance defining place of abode and principal place of abode for purposes of sections 151(c), 21, 24, 32, and 35 of the Internal Revenue Code of 1986, as amended by this section.", "id": "H7DA85F169B2541FE8525F512EDC6588E", "header": "Regulations", "nested": [], "links": [] } ], "links": [ { "text": "Section 151", "legal-doc": "usc", "parsable-cite": "usc/26/151" } ] }, { "text": "3. Treatment of government benefits in determining support and cost of maintaining household \n(a) Dependency exemption \nSection 152 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (f) Special rule relating to treatment of government benefits in determining support \nFor purposes of this part, any means-tested benefits obtained under programs described in section 6103(l)(7) or substantially similar government programs shall not be taken into account for purposes of determining— (1) whether over half of the support of an individual for a calendar year is received from a taxpayer, and (2) whether over half of the cost of maintaining a household is furnished by a taxpayer.. (b) Dependent care credit \nSection 21(e)(1) of such Code is amended by adding at the end the following: Any means-tested benefits obtained under programs described in section 6103(l)(7) or substantially similar government programs shall not be taken into account for purposes of determining whether over half of the cost of maintaining a household is furnished by the individual.. (c) Marital status \nSection 7703 of such Code (relating to determination of marital status) is amended by adding at the end the following new subsection: (c) Special rule relating to treatment of government benefits in determining cost of maintaining household \nFor purposes of subsection (b)(2), any means-tested benefits obtained under programs described in section 6103(l)(7) or substantially similar government programs shall not be taken into account for purposes of determining whether over half of the cost of maintaining a household is furnished by the individual.. (d) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2004.", "id": "HA3FDAAF40AED4AED83BE478F0535473", "header": "Treatment of government benefits in determining support and cost of maintaining household", "nested": [ { "text": "(a) Dependency exemption \nSection 152 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (f) Special rule relating to treatment of government benefits in determining support \nFor purposes of this part, any means-tested benefits obtained under programs described in section 6103(l)(7) or substantially similar government programs shall not be taken into account for purposes of determining— (1) whether over half of the support of an individual for a calendar year is received from a taxpayer, and (2) whether over half of the cost of maintaining a household is furnished by a taxpayer..", "id": "HA6B42C87AD6442B3B5BDBF8892EEBDFC", "header": "Dependency exemption", "nested": [], "links": [ { "text": "Section 152", "legal-doc": "usc", "parsable-cite": "usc/26/152" } ] }, { "text": "(b) Dependent care credit \nSection 21(e)(1) of such Code is amended by adding at the end the following: Any means-tested benefits obtained under programs described in section 6103(l)(7) or substantially similar government programs shall not be taken into account for purposes of determining whether over half of the cost of maintaining a household is furnished by the individual..", "id": "H94CEB422B772429BA7045D82F227EA4", "header": "Dependent care credit", "nested": [], "links": [] }, { "text": "(c) Marital status \nSection 7703 of such Code (relating to determination of marital status) is amended by adding at the end the following new subsection: (c) Special rule relating to treatment of government benefits in determining cost of maintaining household \nFor purposes of subsection (b)(2), any means-tested benefits obtained under programs described in section 6103(l)(7) or substantially similar government programs shall not be taken into account for purposes of determining whether over half of the cost of maintaining a household is furnished by the individual..", "id": "H8617C8E5370946B0934E9225F93656CD", "header": "Marital status", "nested": [], "links": [] }, { "text": "(d) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2004.", "id": "HC0E7B609DBEB4CB497FE00F5E255657F", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Section 152", "legal-doc": "usc", "parsable-cite": "usc/26/152" } ] } ]

[ "Ways and Means Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HEAEA29DA114045D98778FC91A904D4E2", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Extension of authority for Secretary of Veterans Affairs to make grants for assistance to homeless veterans \nSection 2011(a)(2) of title 38, United States Code, is amended by striking September 30, 2005 and inserting September 30, 2008.", "id": "H4B075CC38AEB4EF2844FA79750E74048", "header": "Extension of authority for Secretary of Veterans Affairs to make grants for assistance to homeless veterans", "nested": [], "links": [ { "text": "Section 2011(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/38/2011" } ] }, { "text": "3. Authorization of appropriations \nSection 2013 of title 38, United States Code, is amended— (1) in paragraph (4), by striking $75,000,000 and inserting $100,000,000 ; and (2) by adding at the end the following new paragraphs: (5) $100,000,000 for fiscal year 2006. (6) $100,000,000 for fiscal year 2007. (7) $100,000,000 for fiscal year 2008..", "id": "HAB926713929040C6A3B24C861B942C23", "header": "Authorization of appropriations", "nested": [], "links": [ { "text": "Section 2013", "legal-doc": "usc", "parsable-cite": "usc/38/2013" } ] } ]

[ "Veterans' Affairs Committee" ]

[ { "text": "1. Requirement to provide to Congress copies and descriptions of contracts and task orders in excess of $1,000,000 for work to be performed in Iraq and Afghanistan \n(a) Monthly requirement as to new contracts and task orders \nEach month, the Secretary of Defense shall provide to the chairman and to the ranking minority member of each of the committees of Congress specified in subsection (c) a copy of, and a description of the work to be performed under, each new contract, and each new task order issued under an existing contract, in an amount greater than $1,000,000 entered into by the Department of Defense during the preceding month for work to be performed in Iraq and Afghanistan. (b) Requirement as to contracts and task orders before enactment \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the chairman and to the ranking minority member of each of the committees of Congress specified in subsection (c) a copy of, and a description of the work performed or to be performed under, each contract, and each task order issued under an existing contract, in an amount greater than $1,000,000 entered into by the Department of Defense during the period beginning October 1, 2001, and ending on the last day of the month during which this Act is enacted for work to be performed in Iraq and Afghanistan. (c) Committees \nThe committees referred to in subsections (a) and (b) are the following: (1) The Committees on Armed Services, Government Reform, Appropriations, and International Relations of the House of Representatives. (2) The Committees on Armed Services, Governmental Affairs, Appropriations, and Foreign Relations of the Senate.", "id": "H233B6D3DA7E04FBA00AB3773A5FDEE75", "header": "Requirement to provide to Congress copies and descriptions of contracts and task orders in excess of $1,000,000 for work to be performed in Iraq and Afghanistan", "nested": [ { "text": "(a) Monthly requirement as to new contracts and task orders \nEach month, the Secretary of Defense shall provide to the chairman and to the ranking minority member of each of the committees of Congress specified in subsection (c) a copy of, and a description of the work to be performed under, each new contract, and each new task order issued under an existing contract, in an amount greater than $1,000,000 entered into by the Department of Defense during the preceding month for work to be performed in Iraq and Afghanistan.", "id": "H54DEDCAF611846D6AD9F0033924DDE00", "header": "Monthly requirement as to new contracts and task orders", "nested": [], "links": [] }, { "text": "(b) Requirement as to contracts and task orders before enactment \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the chairman and to the ranking minority member of each of the committees of Congress specified in subsection (c) a copy of, and a description of the work performed or to be performed under, each contract, and each task order issued under an existing contract, in an amount greater than $1,000,000 entered into by the Department of Defense during the period beginning October 1, 2001, and ending on the last day of the month during which this Act is enacted for work to be performed in Iraq and Afghanistan.", "id": "H61357A6A4F7E46549424532378E04565", "header": "Requirement as to contracts and task orders before enactment", "nested": [], "links": [] }, { "text": "(c) Committees \nThe committees referred to in subsections (a) and (b) are the following: (1) The Committees on Armed Services, Government Reform, Appropriations, and International Relations of the House of Representatives. (2) The Committees on Armed Services, Governmental Affairs, Appropriations, and Foreign Relations of the Senate.", "id": "HBD36250D63834AE69C9FC94400D092AF", "header": "Committees", "nested": [], "links": [] } ], "links": [] } ]

[ "Armed Services Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Financial Transactions Equity Act of 2004.", "id": "H5333CFD071BA4D898BE41E4795709B00", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Dividend received deduction for dividends received from qualified foreign corporations \n(a) In general \nSection 245 of the Internal Revenue Code of 1986 (relating to dividends received from certain foreign corporations) is amended by adding at the end the following new subsection: (d) Dividends received from corporations organized under the laws of the Commonwealth of Puerto Rico \n(1) In general \nIn the case of dividends received by a domestic corporation from a corporation organized under the laws of the Commonwealth of Puerto Rico, there shall be allowed as a deduction an amount equal to the percent (specified in section 243 for the taxable year) of such dividends. (2) Exclusion of certain dividends \nParagraph (1) shall not apply to any dividend received from a corporation organized under the laws of the Commonwealth of Puerto Rico to the extent that the dividend consists of earnings and profits accumulated during a taxable year that such corporation was a controlled foreign corporation (as defined in section 957). (3) Coordination with section 1248 \nFor purposes of this subsection, the term dividend does not include any amount treated as a dividend under section 1248.. (b) Effective date \nThe amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act.", "id": "H3C338D5BDFD8499BAD6499BD4C61A0FF", "header": "Dividend received deduction for dividends received from qualified foreign corporations", "nested": [ { "text": "(a) In general \nSection 245 of the Internal Revenue Code of 1986 (relating to dividends received from certain foreign corporations) is amended by adding at the end the following new subsection: (d) Dividends received from corporations organized under the laws of the Commonwealth of Puerto Rico \n(1) In general \nIn the case of dividends received by a domestic corporation from a corporation organized under the laws of the Commonwealth of Puerto Rico, there shall be allowed as a deduction an amount equal to the percent (specified in section 243 for the taxable year) of such dividends. (2) Exclusion of certain dividends \nParagraph (1) shall not apply to any dividend received from a corporation organized under the laws of the Commonwealth of Puerto Rico to the extent that the dividend consists of earnings and profits accumulated during a taxable year that such corporation was a controlled foreign corporation (as defined in section 957). (3) Coordination with section 1248 \nFor purposes of this subsection, the term dividend does not include any amount treated as a dividend under section 1248..", "id": "H56335B1C4FCB434F9201FC692456CD65", "header": "In general", "nested": [], "links": [ { "text": "Section 245", "legal-doc": "usc", "parsable-cite": "usc/26/245" } ] }, { "text": "(b) Effective date \nThe amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act.", "id": "HAC45F195635B428E8BC7B7155BA75D1E", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Section 245", "legal-doc": "usc", "parsable-cite": "usc/26/245" } ] } ]

[ "Ways and Means Committee" ]

[ { "text": "1. Certain capers \n(a) In general \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.20.02 Capers, prepared or preserved by vinegar or acetic acid, in containers holding 3.4 kg or less (provided for in subheading 2001.90.20) Free No change No change On or before 12/31/2007. (b) Effective date \nThe amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "HE9A819FD362B41E691F2CED7F3993CB4", "header": "Certain capers", "nested": [ { "text": "(a) In general \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.20.02 Capers, prepared or preserved by vinegar or acetic acid, in containers holding 3.4 kg or less (provided for in subheading 2001.90.20) Free No change No change On or before 12/31/2007.", "id": "H9BED87177BD5454FA0AFA3100A8D3C", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Effective date \nThe amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "H6DBFF21C40384A248ED91C6744832BCB", "header": "Effective date", "nested": [], "links": [] } ], "links": [] } ]

[ "Ways and Means Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Access to Rural Physicians Improvement Act of 2004.", "id": "H74909B6633874B819186EF25E0C2CE9B", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Waiver of foreign country residence requirement with respect to international medical graduates \n(a) Extension of Deadline \n(1) In general \nSection 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 ( 8 U.S.C. 1182 note) (as amended by section 11018 of Public Law 107–273 ) is amended by striking and before June 1, 2004. and inserting and before the date that is 1 year after the date of the enactment of the Access to Rural Physicians Improvement Act of 2004.. (2) Effective dates \n(A) In general \nExcept as provided in subparagraph (B), the amendment made by paragraph (1) shall take effect on the date of the enactment of this Act. (B) Special effective date \nWith respect only to aliens admitted to the United States under section 101(a)(15)(J) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(J) ), or acquiring status under such section after admission, during the period beginning on June 1, 2004, and ending on the date of the enactment of this Act, the amendment made by paragraph (1) shall take effect as if this Act were enacted on May 31, 2004. (b) Exemption from H1B Numerical Limitations \n(1) In general \nSection 214(l)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1184(1)(2)(A) is amended by adding at the end the following: The numerical limitations contained in subsection (g)(1)(A) shall not apply to any alien whose status is changed under the preceding sentence, if the alien obtained a waiver of the 2-year foreign residence requirement upon a request by an interested State agency.. (2) Effective date \nThe amendment made by paragraph (1) shall take effect as if this Act were enacted on September 30, 2003.", "id": "HC7BC24CFEA5B4D53BFEA88BFB89E8BBB", "header": "Waiver of foreign country residence requirement with respect to international medical graduates", "nested": [ { "text": "(a) Extension of Deadline \n(1) In general \nSection 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 ( 8 U.S.C. 1182 note) (as amended by section 11018 of Public Law 107–273 ) is amended by striking and before June 1, 2004. and inserting and before the date that is 1 year after the date of the enactment of the Access to Rural Physicians Improvement Act of 2004.. (2) Effective dates \n(A) In general \nExcept as provided in subparagraph (B), the amendment made by paragraph (1) shall take effect on the date of the enactment of this Act. (B) Special effective date \nWith respect only to aliens admitted to the United States under section 101(a)(15)(J) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(J) ), or acquiring status under such section after admission, during the period beginning on June 1, 2004, and ending on the date of the enactment of this Act, the amendment made by paragraph (1) shall take effect as if this Act were enacted on May 31, 2004. (b) Exemption from H1B Numerical Limitations \n(1) In general \nSection 214(l)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1184(1)(2)(A) is amended by adding at the end the following: The numerical limitations contained in subsection (g)(1)(A) shall not apply to any alien whose status is changed under the preceding sentence, if the alien obtained a waiver of the 2-year foreign residence requirement upon a request by an interested State agency.. (2) Effective date \nThe amendment made by paragraph (1) shall take effect as if this Act were enacted on September 30, 2003.", "id": "HB8D7246CDE004B56A817F09408F320B0", "header": "Extension of Deadline", "nested": [ { "text": "(b) Exemption from H1B Numerical Limitations \n(1) In general \nSection 214(l)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1184(1)(2)(A) is amended by adding at the end the following: The numerical limitations contained in subsection (g)(1)(A) shall not apply to any alien whose status is changed under the preceding sentence, if the alien obtained a waiver of the 2-year foreign residence requirement upon a request by an interested State agency.. (2) Effective date \nThe amendment made by paragraph (1) shall take effect as if this Act were enacted on September 30, 2003.", "id": "H87FDBAB0F6EC411CA05DE2B661D5C0C0", "header": "Exemption from H1B Numerical Limitations", "nested": [], "links": [ { "text": "8 U.S.C. 1184(1)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/8/1184" } ] } ], "links": [ { "text": "8 U.S.C. 1182", "legal-doc": "usc", "parsable-cite": "usc/8/1182" }, { "text": "Public Law 107–273", "legal-doc": "public-law", "parsable-cite": "pl/107/273" }, { "text": "8 U.S.C. 1101(a)(15)(J)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1184(1)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/8/1184" } ] } ], "links": [ { "text": "8 U.S.C. 1182", "legal-doc": "usc", "parsable-cite": "usc/8/1182" }, { "text": "Public Law 107–273", "legal-doc": "public-law", "parsable-cite": "pl/107/273" }, { "text": "8 U.S.C. 1101(a)(15)(J)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1184(1)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/8/1184" } ] } ]

[ "Judiciary Committee" ]

[ { "text": "1. Suspension of Duty on Diresul Tan RDT-RW Liquid \n(a) In General \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.35.05 Diresul Tan RDT-RW Liquid (leuco sulfur dye) (CAS No. 1326-49-4) (provided for in subheading 3204.19.50 Free No change No change On or before 12/31/2008 (b) Effective Date \nThe amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "HFC5A4F16AFC04224919601004C4E05AD", "header": "Suspension of Duty on Diresul Tan RDT-RW Liquid", "nested": [ { "text": "(a) In General \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.35.05 Diresul Tan RDT-RW Liquid (leuco sulfur dye) (CAS No. 1326-49-4) (provided for in subheading 3204.19.50 Free No change No change On or before 12/31/2008", "id": "HDE11CEEBAF914FBDA25372E502DC00C1", "header": "In General", "nested": [], "links": [] }, { "text": "(b) Effective Date \nThe amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "H726A72DC70524B62A6A236F719D39F2F", "header": "Effective Date", "nested": [], "links": [] } ], "links": [] } ]

[ "Ways and Means Committee" ]

[ { "text": "1. Short Title \nThis Act may be cited as the Preservation of Federalism in Banking Act.", "id": "H4B5D73696B2F4CB99C11D7269BDB815F", "header": "Short Title", "nested": [], "links": [] }, { "text": "2. State Law Preemption Standards for National Banks Clarified \n(a) In General \nChapter 1 of title LXII of the Revised Statutes of the United States ( 12 U.S.C. 21 et seq. ) is amended by inserting after section 5136B the following new section: 5136C. State Law Preemption Standards for National Banks and Subsidiaries Clarified \n(a) State Consumer Laws of General Application \n(1) In general \nNotwithstanding any other provision of Federal law, any State consumer law of general application (including any law relating to unfair or deceptive acts or practices and any consumer fraud law) shall apply to any national bank. (2) National bank defined \nFor purposes of this section, the term national bank includes any Federal branch established in accordance with the International Banking Act of 1978. (b) State banking laws enacted pursuant to Federal law \n(1) In general \nNotwithstanding any other provision of Federal law and except as provided in paragraph (2), any State law that— (A) is applicable to State banks; and (B) was enacted pursuant to or in accordance with, and is consistent with, an Act of Congress, including the Gramm-Leach-Bliley Act and the Consumer Credit Protection Act, that permits States to exceed or supplement the requirements of any comparable Federal law, shall apply to any national bank. (2) Exceptions \nParagraph (1) shall not apply with respect to any State law if— (A) the State law discriminates against national banks; or (B) the State law is inconsistent with other provisions of Federal law, but only to the extent of the inconsistency (as determined in accordance with the other provision of Federal law). (c) No negative implications for applicability of other state laws \nNo provision of this section shall be construed as altering or affecting the applicability, to national banks, of any State law which is not described in subsection (a) or (b).. (b) Denial of Preemption Not a Deprivation of a Civil Right \nThe preemption of any provision of the law of any State with respect to any national bank shall not be treated as a right, privilege, or immunity for purposes of section 1979 of the Revised Statutes of the United States ( 42 U.S.C. 1983 ). (c) Clerical Amendment \nThe table of sections for chapter 1 of title LXII of the Revised Statutes of the United States is amended by inserting after the item relating to section 5136B the following new item: 5136C. State law preemption standards for national banks and subsidiaries clarified.", "id": "HB2BBFFEA770E4BC2BA102334BC22519C", "header": "State Law Preemption Standards for National Banks Clarified", "nested": [ { "text": "(a) In General \nChapter 1 of title LXII of the Revised Statutes of the United States ( 12 U.S.C. 21 et seq. ) is amended by inserting after section 5136B the following new section: 5136C. State Law Preemption Standards for National Banks and Subsidiaries Clarified \n(a) State Consumer Laws of General Application \n(1) In general \nNotwithstanding any other provision of Federal law, any State consumer law of general application (including any law relating to unfair or deceptive acts or practices and any consumer fraud law) shall apply to any national bank. (2) National bank defined \nFor purposes of this section, the term national bank includes any Federal branch established in accordance with the International Banking Act of 1978. (b) State banking laws enacted pursuant to Federal law \n(1) In general \nNotwithstanding any other provision of Federal law and except as provided in paragraph (2), any State law that— (A) is applicable to State banks; and (B) was enacted pursuant to or in accordance with, and is consistent with, an Act of Congress, including the Gramm-Leach-Bliley Act and the Consumer Credit Protection Act, that permits States to exceed or supplement the requirements of any comparable Federal law, shall apply to any national bank. (2) Exceptions \nParagraph (1) shall not apply with respect to any State law if— (A) the State law discriminates against national banks; or (B) the State law is inconsistent with other provisions of Federal law, but only to the extent of the inconsistency (as determined in accordance with the other provision of Federal law). (c) No negative implications for applicability of other state laws \nNo provision of this section shall be construed as altering or affecting the applicability, to national banks, of any State law which is not described in subsection (a) or (b)..", "id": "H9A7FF51D87EC4514AFAC8C1DB1006B2B", "header": "In General", "nested": [], "links": [ { "text": "12 U.S.C. 21 et seq.", "legal-doc": "usc", "parsable-cite": "usc/12/21" } ] }, { "text": "(b) Denial of Preemption Not a Deprivation of a Civil Right \nThe preemption of any provision of the law of any State with respect to any national bank shall not be treated as a right, privilege, or immunity for purposes of section 1979 of the Revised Statutes of the United States ( 42 U.S.C. 1983 ).", "id": "HBC1ED1F249A54442A9F2442E5E002F74", "header": "Denial of Preemption Not a Deprivation of a Civil Right", "nested": [], "links": [ { "text": "42 U.S.C. 1983", "legal-doc": "usc", "parsable-cite": "usc/42/1983" } ] }, { "text": "(c) Clerical Amendment \nThe table of sections for chapter 1 of title LXII of the Revised Statutes of the United States is amended by inserting after the item relating to section 5136B the following new item: 5136C. State law preemption standards for national banks and subsidiaries clarified.", "id": "H35BFA9BC69F545C2B75F54CC88A72192", "header": "Clerical Amendment", "nested": [], "links": [] } ], "links": [ { "text": "12 U.S.C. 21 et seq.", "legal-doc": "usc", "parsable-cite": "usc/12/21" }, { "text": "42 U.S.C. 1983", "legal-doc": "usc", "parsable-cite": "usc/42/1983" } ] }, { "text": "5136C. State Law Preemption Standards for National Banks and Subsidiaries Clarified \n(a) State Consumer Laws of General Application \n(1) In general \nNotwithstanding any other provision of Federal law, any State consumer law of general application (including any law relating to unfair or deceptive acts or practices and any consumer fraud law) shall apply to any national bank. (2) National bank defined \nFor purposes of this section, the term national bank includes any Federal branch established in accordance with the International Banking Act of 1978. (b) State banking laws enacted pursuant to Federal law \n(1) In general \nNotwithstanding any other provision of Federal law and except as provided in paragraph (2), any State law that— (A) is applicable to State banks; and (B) was enacted pursuant to or in accordance with, and is consistent with, an Act of Congress, including the Gramm-Leach-Bliley Act and the Consumer Credit Protection Act, that permits States to exceed or supplement the requirements of any comparable Federal law, shall apply to any national bank. (2) Exceptions \nParagraph (1) shall not apply with respect to any State law if— (A) the State law discriminates against national banks; or (B) the State law is inconsistent with other provisions of Federal law, but only to the extent of the inconsistency (as determined in accordance with the other provision of Federal law). (c) No negative implications for applicability of other state laws \nNo provision of this section shall be construed as altering or affecting the applicability, to national banks, of any State law which is not described in subsection (a) or (b).", "id": "H83F68FD1FAAA4336A36F70DA54416B85", "header": "State Law Preemption Standards for National Banks and Subsidiaries Clarified", "nested": [ { "text": "(a) State Consumer Laws of General Application \n(1) In general \nNotwithstanding any other provision of Federal law, any State consumer law of general application (including any law relating to unfair or deceptive acts or practices and any consumer fraud law) shall apply to any national bank. (2) National bank defined \nFor purposes of this section, the term national bank includes any Federal branch established in accordance with the International Banking Act of 1978.", "id": "HC6D97B20A08F4F598F653811C9D2B6DA", "header": "State Consumer Laws of General Application", "nested": [], "links": [] }, { "text": "(b) State banking laws enacted pursuant to Federal law \n(1) In general \nNotwithstanding any other provision of Federal law and except as provided in paragraph (2), any State law that— (A) is applicable to State banks; and (B) was enacted pursuant to or in accordance with, and is consistent with, an Act of Congress, including the Gramm-Leach-Bliley Act and the Consumer Credit Protection Act, that permits States to exceed or supplement the requirements of any comparable Federal law, shall apply to any national bank. (2) Exceptions \nParagraph (1) shall not apply with respect to any State law if— (A) the State law discriminates against national banks; or (B) the State law is inconsistent with other provisions of Federal law, but only to the extent of the inconsistency (as determined in accordance with the other provision of Federal law).", "id": "H86E8B31479A1413C848F59907113F4E", "header": "State banking laws enacted pursuant to Federal law", "nested": [], "links": [] }, { "text": "(c) No negative implications for applicability of other state laws \nNo provision of this section shall be construed as altering or affecting the applicability, to national banks, of any State law which is not described in subsection (a) or (b).", "id": "H26D402181C8F4E1781AC33C430006545", "header": "No negative implications for applicability of other state laws", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Visitorial Standards \nSection 5136C of the Revised Statutes of the United States (as added by section 2 (a) of this Act) is amended by adding at the end the following new subsection: (d) Visitorial Powers \nNo provision of this title which relates to visitorial powers or otherwise limits or restricts the supervisory, examination, or regulatory authority to which any national bank is subject shall be construed as limiting or restricting the authority of any attorney general (or other chief law enforcement officer) of any State to bring any action in any court of appropriate jurisdiction— (1) to enforce any applicable Federal or State law, as authorized by such law; or (2) on behalf of residents of such State, to enforce any applicable provision of any Federal or State law against a national bank, as authorized by such law, or to seek relief and recover damages for such residents from any violation of any such law by any national bank..", "id": "H2BAE8DB64F9F457C8E391565B54B000", "header": "Visitorial Standards", "nested": [], "links": [] }, { "text": "4. Clarification of law applicable to State-chartered nondepository institution subsidiaries \nSection 5136C of the Revised Statutes of the United States (as added by section 2 (a) of this Act) is amended by inserting after subsection (d) (as added by section 3) the following new subsection: (e) Clarification of law applicable to nondepository institution subsidiaries of national banks \n(1) In general \nNo provision of this title shall be construed as preempting the applicability of State law to any State-chartered nondepository institution subsidiary of a national bank, except to the extent the preemption is explicitly provided by an Act of Congress. (2) Definitions \nFor purposes of this section, the following definitions shall apply: (A) Depository institution, subsidiary \nThe terms depository institution and subsidiary have the same meanings as in section 3 of the Federal Deposit Insurance Act. (B) Nondepository institution \nThe term nondepository institution means any entity that is not a depository institution..", "id": "H7B72C2CD0A5A4D1C95C70168C9D058C9", "header": "Clarification of law applicable to State-chartered nondepository institution subsidiaries", "nested": [], "links": [] }, { "text": "5. Data Collection and Reporting \n(a) Collecting and Monitoring Consumer Complaints \n(1) In general \nThe Comptroller of the Currency shall record and monitor each complaint received directly or indirectly from a consumer regarding a national bank or any subsidiary of a national bank and record the resolution of the complaint. (2) Factors to be included \nIn carrying out the requirements of paragraph (1), the Comptroller of the Currency shall include— (A) the date the consumer complaint was received; (B) the nature of the complaint; (C) when and how the complaint was resolved, including a brief description of the extent, and the results, of the investigation made by the Comptroller into the complaint, a brief description of any notices given and inquiries made to any other Federal or State officer or agency in the course of the investigation or resolution of the complaint, a summary of the enforcement action taken upon completion of the investigation, and a summary of the results of subsequent periodic reviews by the Comptroller of the extent and nature of compliance by such national bank or subsidiary with the enforcement action; and (D) if the complaint involves any alleged violation of a State law (whether or not Federal law preempts the application of such State law to such national bank) by such bank, a cite to and a description of the State law that formed the basis of the complaint. (b) Report to the Congress \n(1) Periodic reports required \nThe Comptroller of the Currency shall submit a report semi-annually to the Congress on the consumer protection efforts of the Office of the Comptroller of the Currency. (2) Contents of report \nEach report submitted under paragraph (1) shall include the following: (A) The total number of consumer complaints received by the Comptroller during the period covered by the report with respect to alleged violations of consumer protection laws by national banks and subsidiaries of national banks. (B) The total number of consumer complaints received during the reporting period that are based on each of the following: (i) Each title of the Consumer Credit Protection Act (reported as a separate aggregate number for each such title). (ii) The Truth in Savings Act. (iii) The Right to Financial Privacy Act of 1978. (iv) The Expedited Funds Availability Act. (v) The Community Reinvestment Act of 1977. (vi) The Bank Protection Act of 1968. (vii) Title LXII of the Revised Statutes of the United States. (viii) The Federal Deposit Insurance Act. (ix) The Real Estate Settlement Procedures Act of 1974. (x) The Home Mortgage Disclosure Act of 1975. (xi) Any other Federal law. (xii) State consumer protection laws (reported as a separate aggregate number for each State and each State consumer protection law). (xiii) Any other State law (reported separately for each State and each State law). (C) A summary description of the resolution efforts by the Comptroller for complaints received during the period covered, including— (i) the average amount of time to resolve each complaint; (ii) the median period of time to resolve each complaint; (iii) the average and median time to resolve complaints in each category of complaints described in each clause of subparagraph (B); and (iv) a summary description of the longest outstanding complaint during the reporting period and the reason for the difficulty in resolving such complaint in a more timely fashion. (3) Disclosure of report on occ website \nEach report submitted to the Congress under this subsection shall be posted, by the Comptroller of the Currency, in a timely fashion and maintained on the website of the Office of the Comptroller of the Currency on the World Wide Web.", "id": "HEB67131C193E468290A02400008DC2F3", "header": "Data Collection and Reporting", "nested": [ { "text": "(a) Collecting and Monitoring Consumer Complaints \n(1) In general \nThe Comptroller of the Currency shall record and monitor each complaint received directly or indirectly from a consumer regarding a national bank or any subsidiary of a national bank and record the resolution of the complaint. (2) Factors to be included \nIn carrying out the requirements of paragraph (1), the Comptroller of the Currency shall include— (A) the date the consumer complaint was received; (B) the nature of the complaint; (C) when and how the complaint was resolved, including a brief description of the extent, and the results, of the investigation made by the Comptroller into the complaint, a brief description of any notices given and inquiries made to any other Federal or State officer or agency in the course of the investigation or resolution of the complaint, a summary of the enforcement action taken upon completion of the investigation, and a summary of the results of subsequent periodic reviews by the Comptroller of the extent and nature of compliance by such national bank or subsidiary with the enforcement action; and (D) if the complaint involves any alleged violation of a State law (whether or not Federal law preempts the application of such State law to such national bank) by such bank, a cite to and a description of the State law that formed the basis of the complaint.", "id": "H4B400627534B490FA43BB0C391064853", "header": "Collecting and Monitoring Consumer Complaints", "nested": [], "links": [] }, { "text": "(b) Report to the Congress \n(1) Periodic reports required \nThe Comptroller of the Currency shall submit a report semi-annually to the Congress on the consumer protection efforts of the Office of the Comptroller of the Currency. (2) Contents of report \nEach report submitted under paragraph (1) shall include the following: (A) The total number of consumer complaints received by the Comptroller during the period covered by the report with respect to alleged violations of consumer protection laws by national banks and subsidiaries of national banks. (B) The total number of consumer complaints received during the reporting period that are based on each of the following: (i) Each title of the Consumer Credit Protection Act (reported as a separate aggregate number for each such title). (ii) The Truth in Savings Act. (iii) The Right to Financial Privacy Act of 1978. (iv) The Expedited Funds Availability Act. (v) The Community Reinvestment Act of 1977. (vi) The Bank Protection Act of 1968. (vii) Title LXII of the Revised Statutes of the United States. (viii) The Federal Deposit Insurance Act. (ix) The Real Estate Settlement Procedures Act of 1974. (x) The Home Mortgage Disclosure Act of 1975. (xi) Any other Federal law. (xii) State consumer protection laws (reported as a separate aggregate number for each State and each State consumer protection law). (xiii) Any other State law (reported separately for each State and each State law). (C) A summary description of the resolution efforts by the Comptroller for complaints received during the period covered, including— (i) the average amount of time to resolve each complaint; (ii) the median period of time to resolve each complaint; (iii) the average and median time to resolve complaints in each category of complaints described in each clause of subparagraph (B); and (iv) a summary description of the longest outstanding complaint during the reporting period and the reason for the difficulty in resolving such complaint in a more timely fashion. (3) Disclosure of report on occ website \nEach report submitted to the Congress under this subsection shall be posted, by the Comptroller of the Currency, in a timely fashion and maintained on the website of the Office of the Comptroller of the Currency on the World Wide Web.", "id": "HF289CB271C5B4C11AC30072100A116D", "header": "Report to the Congress", "nested": [], "links": [] } ], "links": [] } ]

[ "Financial Services Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Water Conservation Incentive Act of 2004.", "id": "H17F78372B57F41DDA633A1BFBAC6D839", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nThe Congress finds that— (1) a severe to extreme drought affected approximately 15 percent of the contiguous United States as of the end of April 2004, (2) about 32 percent of the contiguous United States fell in the moderate to extreme drought categories at the end of April 2004, (3) the Colorado River system is facing the worst drought on record, (4) the drought throughout the western United States could persist for up to another 30 years, (5) growing populations and changing values have increased demands on water supplies and river systems, resulting in water use and management conflicts throughout the country, particularly in the West, where the population is expected to increase at least 30 percent in the next 20–25 years, and (6) unless highly efficient water usage practices can be developed and maintained in the West, it will not be possible to provide the water needed to sustain western ecosystems, as well as population growth.", "id": "H1D09E5EAF446494ABAEF847C3275FBAB", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Refundable credit for residential water conservation \n(a) In general \nSubpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section: 36. Residential water conservation \n(a) Allowance of Credit \nIn the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified water conservation expenditures made by the taxpayer during the taxable year. (b) Limitations \n(1) Maximum credit \nThe credit allowed under subsection (a) for a taxable year shall not exceed $1,000. (2) Minimum expenditures \nIf the aggregate qualified water conservation expenditures made by the taxpayer during a taxable year is less than $50, the amount allowed as a credit under subsection (a) for the taxable year shall be zero. (3) Property standards \nNo credit shall be allowed under this section for an item of property unless— (A) the original use of such property commences with the taxpayer, (B) such property reasonably can be expected to remain in use for at least 5 years, and (C) such property is installed on or in connection with a dwelling unit located in the United States and used as the principal residence (within the meaning of section 121) of the taxpayer. (c) Qualified water conservation expenditures \nFor purposes of this section— (1) In general \nThe term qualified water conservation expenditure means the amount paid for qualified water conservation property. (2) Qualified water conservation property \nThe term qualified water conservation property means— (A) smart dual or multi program irrigation clock that allows the watering of plant and grass areas separately and which is capable of adjusting the watering schedule based on the watering needs of the landscape being watered, (B) water efficient landscaping, including— (i) xeriscape (which is low-water use native and non-native plants and grasses), and (ii) artificial turf, (C) low-flow shower heads that use no more than 3 gallons of water per minute, (D) ultra low-flush toilets that use no more than 1.6 gallons of water per flush, (E) dual flush toilets that allow the consumer to select either a short flush of 0.80 gallons of water or a long flush of 1.6 gallons of water, (F) drip irrigation, (G) high-efficiency clothes washing machine, and (H) any other property of a type specified by the Secretary. (3) Limitation on types of property specified by Secretary \nThe Secretary may only specify a type of property for purposes of paragraph (2)(H) if— (A) the principal use of such property is to reduce the amount of water consumed in any existing residential process, (B) such property or the use of such property is not harmful to persons or the environment and does not induce the use of any other item which may be hazardous to persons or the environment, and (C) the Secretary determines that the credit allowed under subsection (a) with respect to such property, together with any other Federal subsidy of such property, is not superfluous and inefficient. (d) Special rules \nFor purposes of this section— (1) Dollar amounts in case of joint occupancy \nIn the case of any dwelling unit which is jointly occupied and used during any calendar year as a residence by 2 or more individuals, the following rules shall apply: (A) The amount of the credit allowable under subsection (a) by reason of expenditures made during such calendar year by any of such individuals with respect to such dwelling unit shall be determined by treating all of such individuals as 1 taxpayer whose taxable year is such calendar year. (B) There shall be allowable, with respect to such expenditures to each of such individuals, a credit under subsection (a) for the taxable year in which such calendar year ends in an amount which bears the same ratio to the amount determined under subparagraph (A) as the amount of such expenditures made by such individual during such calendar year bears to the aggregate of such expenditures made by all of such individuals during such calendar year. (2) Tenant-stockholder in cooperative housing corporation \nIn the case of an individual who is a tenant-stockholder (as defined in section 216) in a cooperative housing corporation (as defined in such section), such individual shall be treated as having made the individual's tenant-stockholder's proportionate share (as defined in section 216(b)(3)) of any expenditures of such corporation. (3) Condominiums \n(A) In general \nIn the case of an individual who is a member of a condominium management association with respect to a condominium which the individual owns, such individual shall be treated as having made the individual's proportionate share of any expenditures of such association. (B) Condominium management association \nFor purposes of this paragraph, the term condominium management association means an organization which meets the requirements of paragraph (1) of section 528(c) (other than subparagraph (E) thereof) with respect to a condominium project substantially all of the units of which are used as residences. (4) Allocation in certain cases \nIf less than 80 percent of the use of an item is for nonbusiness purposes, only that portion of the expenditures for such item which is properly allocable to use for nonbusiness purposes shall be taken into account. (5) When expenditure made; amount of expenditure \n(A) In general \nExcept as provided in subparagraph (B), an expenditure with respect to an item shall be treated as made when the original installation of the item is completed. (B) Expenditures part of building construction \nIn the case of an expenditure in connection with the construction or reconstruction of a structure, such expenditure shall be treated as made when the original use of the constructed or reconstructed structure by the taxpayer begins. (C) Amount \nThe amount of any expenditure shall be the cost thereof. (6) Property financed by subsidized energy financing \nFor purposes of determining the amount of expenditures made by any individual with respect to any dwelling unit, there shall not be taken into account expenditures which are made from subsidized energy financing (as defined in section 48(a)(4)(C)). (e) Basis Adjustments \nFor purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so allowed.. (b) Conforming amendments \n(1) Section 1016(a) of such Code is amended by striking and at the end of paragraph (27), by striking the period at the end of paragraph (28) and inserting , and , and by adding at the end the following new paragraph: (29) to the extent provided in section 36(e), in the case of amounts with respect to which a credit has been allowed under section 36.. (2) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 36 and inserting after the item relating to section 35 the following new items: Sec. 36. Residential water conservation Sec. 37. Overpayments of tax. (c) Effective date \nThe amendments made by this section shall apply to property placed in service after December 31, 2003.", "id": "HEE405C7DDBE34D0590E2C374BF54C8D9", "header": "Refundable credit for residential water conservation", "nested": [ { "text": "(a) In general \nSubpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section: 36. Residential water conservation \n(a) Allowance of Credit \nIn the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified water conservation expenditures made by the taxpayer during the taxable year. (b) Limitations \n(1) Maximum credit \nThe credit allowed under subsection (a) for a taxable year shall not exceed $1,000. (2) Minimum expenditures \nIf the aggregate qualified water conservation expenditures made by the taxpayer during a taxable year is less than $50, the amount allowed as a credit under subsection (a) for the taxable year shall be zero. (3) Property standards \nNo credit shall be allowed under this section for an item of property unless— (A) the original use of such property commences with the taxpayer, (B) such property reasonably can be expected to remain in use for at least 5 years, and (C) such property is installed on or in connection with a dwelling unit located in the United States and used as the principal residence (within the meaning of section 121) of the taxpayer. (c) Qualified water conservation expenditures \nFor purposes of this section— (1) In general \nThe term qualified water conservation expenditure means the amount paid for qualified water conservation property. (2) Qualified water conservation property \nThe term qualified water conservation property means— (A) smart dual or multi program irrigation clock that allows the watering of plant and grass areas separately and which is capable of adjusting the watering schedule based on the watering needs of the landscape being watered, (B) water efficient landscaping, including— (i) xeriscape (which is low-water use native and non-native plants and grasses), and (ii) artificial turf, (C) low-flow shower heads that use no more than 3 gallons of water per minute, (D) ultra low-flush toilets that use no more than 1.6 gallons of water per flush, (E) dual flush toilets that allow the consumer to select either a short flush of 0.80 gallons of water or a long flush of 1.6 gallons of water, (F) drip irrigation, (G) high-efficiency clothes washing machine, and (H) any other property of a type specified by the Secretary. (3) Limitation on types of property specified by Secretary \nThe Secretary may only specify a type of property for purposes of paragraph (2)(H) if— (A) the principal use of such property is to reduce the amount of water consumed in any existing residential process, (B) such property or the use of such property is not harmful to persons or the environment and does not induce the use of any other item which may be hazardous to persons or the environment, and (C) the Secretary determines that the credit allowed under subsection (a) with respect to such property, together with any other Federal subsidy of such property, is not superfluous and inefficient. (d) Special rules \nFor purposes of this section— (1) Dollar amounts in case of joint occupancy \nIn the case of any dwelling unit which is jointly occupied and used during any calendar year as a residence by 2 or more individuals, the following rules shall apply: (A) The amount of the credit allowable under subsection (a) by reason of expenditures made during such calendar year by any of such individuals with respect to such dwelling unit shall be determined by treating all of such individuals as 1 taxpayer whose taxable year is such calendar year. (B) There shall be allowable, with respect to such expenditures to each of such individuals, a credit under subsection (a) for the taxable year in which such calendar year ends in an amount which bears the same ratio to the amount determined under subparagraph (A) as the amount of such expenditures made by such individual during such calendar year bears to the aggregate of such expenditures made by all of such individuals during such calendar year. (2) Tenant-stockholder in cooperative housing corporation \nIn the case of an individual who is a tenant-stockholder (as defined in section 216) in a cooperative housing corporation (as defined in such section), such individual shall be treated as having made the individual's tenant-stockholder's proportionate share (as defined in section 216(b)(3)) of any expenditures of such corporation. (3) Condominiums \n(A) In general \nIn the case of an individual who is a member of a condominium management association with respect to a condominium which the individual owns, such individual shall be treated as having made the individual's proportionate share of any expenditures of such association. (B) Condominium management association \nFor purposes of this paragraph, the term condominium management association means an organization which meets the requirements of paragraph (1) of section 528(c) (other than subparagraph (E) thereof) with respect to a condominium project substantially all of the units of which are used as residences. (4) Allocation in certain cases \nIf less than 80 percent of the use of an item is for nonbusiness purposes, only that portion of the expenditures for such item which is properly allocable to use for nonbusiness purposes shall be taken into account. (5) When expenditure made; amount of expenditure \n(A) In general \nExcept as provided in subparagraph (B), an expenditure with respect to an item shall be treated as made when the original installation of the item is completed. (B) Expenditures part of building construction \nIn the case of an expenditure in connection with the construction or reconstruction of a structure, such expenditure shall be treated as made when the original use of the constructed or reconstructed structure by the taxpayer begins. (C) Amount \nThe amount of any expenditure shall be the cost thereof. (6) Property financed by subsidized energy financing \nFor purposes of determining the amount of expenditures made by any individual with respect to any dwelling unit, there shall not be taken into account expenditures which are made from subsidized energy financing (as defined in section 48(a)(4)(C)). (e) Basis Adjustments \nFor purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so allowed..", "id": "H8BF682013E214386A9DF064745395DD5", "header": "In general", "nested": [], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" } ] }, { "text": "(b) Conforming amendments \n(1) Section 1016(a) of such Code is amended by striking and at the end of paragraph (27), by striking the period at the end of paragraph (28) and inserting , and , and by adding at the end the following new paragraph: (29) to the extent provided in section 36(e), in the case of amounts with respect to which a credit has been allowed under section 36.. (2) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 36 and inserting after the item relating to section 35 the following new items: Sec. 36. Residential water conservation Sec. 37. Overpayments of tax.", "id": "H00DA3FA3D91F4FB7BBA00D500CA788B", "header": "Conforming amendments", "nested": [], "links": [] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply to property placed in service after December 31, 2003.", "id": "H6FBA345E2D4841F588FEAC658F9B47EE", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" } ] }, { "text": "36. Residential water conservation \n(a) Allowance of Credit \nIn the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified water conservation expenditures made by the taxpayer during the taxable year. (b) Limitations \n(1) Maximum credit \nThe credit allowed under subsection (a) for a taxable year shall not exceed $1,000. (2) Minimum expenditures \nIf the aggregate qualified water conservation expenditures made by the taxpayer during a taxable year is less than $50, the amount allowed as a credit under subsection (a) for the taxable year shall be zero. (3) Property standards \nNo credit shall be allowed under this section for an item of property unless— (A) the original use of such property commences with the taxpayer, (B) such property reasonably can be expected to remain in use for at least 5 years, and (C) such property is installed on or in connection with a dwelling unit located in the United States and used as the principal residence (within the meaning of section 121) of the taxpayer. (c) Qualified water conservation expenditures \nFor purposes of this section— (1) In general \nThe term qualified water conservation expenditure means the amount paid for qualified water conservation property. (2) Qualified water conservation property \nThe term qualified water conservation property means— (A) smart dual or multi program irrigation clock that allows the watering of plant and grass areas separately and which is capable of adjusting the watering schedule based on the watering needs of the landscape being watered, (B) water efficient landscaping, including— (i) xeriscape (which is low-water use native and non-native plants and grasses), and (ii) artificial turf, (C) low-flow shower heads that use no more than 3 gallons of water per minute, (D) ultra low-flush toilets that use no more than 1.6 gallons of water per flush, (E) dual flush toilets that allow the consumer to select either a short flush of 0.80 gallons of water or a long flush of 1.6 gallons of water, (F) drip irrigation, (G) high-efficiency clothes washing machine, and (H) any other property of a type specified by the Secretary. (3) Limitation on types of property specified by Secretary \nThe Secretary may only specify a type of property for purposes of paragraph (2)(H) if— (A) the principal use of such property is to reduce the amount of water consumed in any existing residential process, (B) such property or the use of such property is not harmful to persons or the environment and does not induce the use of any other item which may be hazardous to persons or the environment, and (C) the Secretary determines that the credit allowed under subsection (a) with respect to such property, together with any other Federal subsidy of such property, is not superfluous and inefficient. (d) Special rules \nFor purposes of this section— (1) Dollar amounts in case of joint occupancy \nIn the case of any dwelling unit which is jointly occupied and used during any calendar year as a residence by 2 or more individuals, the following rules shall apply: (A) The amount of the credit allowable under subsection (a) by reason of expenditures made during such calendar year by any of such individuals with respect to such dwelling unit shall be determined by treating all of such individuals as 1 taxpayer whose taxable year is such calendar year. (B) There shall be allowable, with respect to such expenditures to each of such individuals, a credit under subsection (a) for the taxable year in which such calendar year ends in an amount which bears the same ratio to the amount determined under subparagraph (A) as the amount of such expenditures made by such individual during such calendar year bears to the aggregate of such expenditures made by all of such individuals during such calendar year. (2) Tenant-stockholder in cooperative housing corporation \nIn the case of an individual who is a tenant-stockholder (as defined in section 216) in a cooperative housing corporation (as defined in such section), such individual shall be treated as having made the individual's tenant-stockholder's proportionate share (as defined in section 216(b)(3)) of any expenditures of such corporation. (3) Condominiums \n(A) In general \nIn the case of an individual who is a member of a condominium management association with respect to a condominium which the individual owns, such individual shall be treated as having made the individual's proportionate share of any expenditures of such association. (B) Condominium management association \nFor purposes of this paragraph, the term condominium management association means an organization which meets the requirements of paragraph (1) of section 528(c) (other than subparagraph (E) thereof) with respect to a condominium project substantially all of the units of which are used as residences. (4) Allocation in certain cases \nIf less than 80 percent of the use of an item is for nonbusiness purposes, only that portion of the expenditures for such item which is properly allocable to use for nonbusiness purposes shall be taken into account. (5) When expenditure made; amount of expenditure \n(A) In general \nExcept as provided in subparagraph (B), an expenditure with respect to an item shall be treated as made when the original installation of the item is completed. (B) Expenditures part of building construction \nIn the case of an expenditure in connection with the construction or reconstruction of a structure, such expenditure shall be treated as made when the original use of the constructed or reconstructed structure by the taxpayer begins. (C) Amount \nThe amount of any expenditure shall be the cost thereof. (6) Property financed by subsidized energy financing \nFor purposes of determining the amount of expenditures made by any individual with respect to any dwelling unit, there shall not be taken into account expenditures which are made from subsidized energy financing (as defined in section 48(a)(4)(C)). (e) Basis Adjustments \nFor purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so allowed.", "id": "H6EB8542843E845C2A7E84EA71E745087", "header": "Residential water conservation", "nested": [ { "text": "(a) Allowance of Credit \nIn the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified water conservation expenditures made by the taxpayer during the taxable year.", "id": "H33E48978B3DB459A006DEFF4D55EF2B4", "header": "Allowance of Credit", "nested": [], "links": [] }, { "text": "(b) Limitations \n(1) Maximum credit \nThe credit allowed under subsection (a) for a taxable year shall not exceed $1,000. (2) Minimum expenditures \nIf the aggregate qualified water conservation expenditures made by the taxpayer during a taxable year is less than $50, the amount allowed as a credit under subsection (a) for the taxable year shall be zero. (3) Property standards \nNo credit shall be allowed under this section for an item of property unless— (A) the original use of such property commences with the taxpayer, (B) such property reasonably can be expected to remain in use for at least 5 years, and (C) such property is installed on or in connection with a dwelling unit located in the United States and used as the principal residence (within the meaning of section 121) of the taxpayer.", "id": "H93A0B49F14B54C10AAF30071DA00FD4C", "header": "Limitations", "nested": [], "links": [] }, { "text": "(c) Qualified water conservation expenditures \nFor purposes of this section— (1) In general \nThe term qualified water conservation expenditure means the amount paid for qualified water conservation property. (2) Qualified water conservation property \nThe term qualified water conservation property means— (A) smart dual or multi program irrigation clock that allows the watering of plant and grass areas separately and which is capable of adjusting the watering schedule based on the watering needs of the landscape being watered, (B) water efficient landscaping, including— (i) xeriscape (which is low-water use native and non-native plants and grasses), and (ii) artificial turf, (C) low-flow shower heads that use no more than 3 gallons of water per minute, (D) ultra low-flush toilets that use no more than 1.6 gallons of water per flush, (E) dual flush toilets that allow the consumer to select either a short flush of 0.80 gallons of water or a long flush of 1.6 gallons of water, (F) drip irrigation, (G) high-efficiency clothes washing machine, and (H) any other property of a type specified by the Secretary. (3) Limitation on types of property specified by Secretary \nThe Secretary may only specify a type of property for purposes of paragraph (2)(H) if— (A) the principal use of such property is to reduce the amount of water consumed in any existing residential process, (B) such property or the use of such property is not harmful to persons or the environment and does not induce the use of any other item which may be hazardous to persons or the environment, and (C) the Secretary determines that the credit allowed under subsection (a) with respect to such property, together with any other Federal subsidy of such property, is not superfluous and inefficient.", "id": "HD833C4FE4805498292B2A399637C5302", "header": "Qualified water conservation expenditures", "nested": [], "links": [] }, { "text": "(d) Special rules \nFor purposes of this section— (1) Dollar amounts in case of joint occupancy \nIn the case of any dwelling unit which is jointly occupied and used during any calendar year as a residence by 2 or more individuals, the following rules shall apply: (A) The amount of the credit allowable under subsection (a) by reason of expenditures made during such calendar year by any of such individuals with respect to such dwelling unit shall be determined by treating all of such individuals as 1 taxpayer whose taxable year is such calendar year. (B) There shall be allowable, with respect to such expenditures to each of such individuals, a credit under subsection (a) for the taxable year in which such calendar year ends in an amount which bears the same ratio to the amount determined under subparagraph (A) as the amount of such expenditures made by such individual during such calendar year bears to the aggregate of such expenditures made by all of such individuals during such calendar year. (2) Tenant-stockholder in cooperative housing corporation \nIn the case of an individual who is a tenant-stockholder (as defined in section 216) in a cooperative housing corporation (as defined in such section), such individual shall be treated as having made the individual's tenant-stockholder's proportionate share (as defined in section 216(b)(3)) of any expenditures of such corporation. (3) Condominiums \n(A) In general \nIn the case of an individual who is a member of a condominium management association with respect to a condominium which the individual owns, such individual shall be treated as having made the individual's proportionate share of any expenditures of such association. (B) Condominium management association \nFor purposes of this paragraph, the term condominium management association means an organization which meets the requirements of paragraph (1) of section 528(c) (other than subparagraph (E) thereof) with respect to a condominium project substantially all of the units of which are used as residences. (4) Allocation in certain cases \nIf less than 80 percent of the use of an item is for nonbusiness purposes, only that portion of the expenditures for such item which is properly allocable to use for nonbusiness purposes shall be taken into account. (5) When expenditure made; amount of expenditure \n(A) In general \nExcept as provided in subparagraph (B), an expenditure with respect to an item shall be treated as made when the original installation of the item is completed. (B) Expenditures part of building construction \nIn the case of an expenditure in connection with the construction or reconstruction of a structure, such expenditure shall be treated as made when the original use of the constructed or reconstructed structure by the taxpayer begins. (C) Amount \nThe amount of any expenditure shall be the cost thereof. (6) Property financed by subsidized energy financing \nFor purposes of determining the amount of expenditures made by any individual with respect to any dwelling unit, there shall not be taken into account expenditures which are made from subsidized energy financing (as defined in section 48(a)(4)(C)).", "id": "H8BEFB5CD8E794ECDBDB08985DBC002", "header": "Special rules", "nested": [], "links": [] }, { "text": "(e) Basis Adjustments \nFor purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so allowed.", "id": "H25979A64D3E24304ACC9144CC4DF56A2", "header": "Basis Adjustments", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Credit for water conservation \n(a) In general \nSubpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: 45G. Commercial water conservation credit \n(a) In general \nFor purposes of section 38, in the case of a small employer, the credit determined under this section for the taxable year is an amount equal to 10 percent of the aggregate adjusted bases of all qualified water conservation property installed in or in connection with the principal place of business (within the meaning of section 280A(c)(1)) of the taxpayer located in the United States. (b) Definitions \nFor purposes of this section— (1) Small employer \n(A) In general \nThe term small employer means, with respect to any taxable year, any employer if such employer employed an average of 100 or fewer employees on business days during either of the 2 preceding calendar years. For purposes of the preceding sentence, a preceding calendar year may be taken into account only if the employer was in existence throughout such year. (B) Employers not in existence in preceding year \nIn the case of an employer which was not in existence throughout the 1st preceding taxable year, the determination under subparagraph (A) shall be based on the average number of employees that it is reasonably expected such employer will employ on business days in the current taxable year. (C) Special rules \n(i) Controlled groups \nFor purposes of this paragraph, all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as 1 employer. (ii) Predecessors \nAny reference in this paragraph to an employer shall include a reference to any predecessor of such employer. (2) Qualified water conservation property \nThe term qualified water conservation property has the meaning given to such term by section 36(c)(2). (c) Special rules \nFor purposes of this section— (1) In general \nRules similar to the rules of section 36(d) (other than paragraph (4) thereof) shall apply for purposes of this section. (2) Coordination with certain credits \n(A) The basis of any property referred to in subsection (a) shall be reduced by that portion of the basis of any property which is attributable to qualified rehabilitation expenditures (as defined in section 47(c)(2)) or to the energy percentage of energy property (as determined under section 48(a)). (B) Expenditures taken into account under section 47 or 48(a) shall not be taken into account under this section. (3) Denial of double benefit \nNo deduction or credit shall be allowed under this chapter for any amount taken into account in determining the credit under this section. (4) Election not to claim credit \nThis section shall not apply to a taxpayer for any taxable year if such taxpayer elects to have this section not apply for such taxable year. (d) Basis adjustment \nFor purposes of this subtitle, if a credit is determined under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so determined.. (b) Credit made part of general business credit \nSection 38(b) of such Code (relating to current year business credit) is amended by striking plus at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting , plus , and by adding at the end the following new paragraph: (16) the commercial water conservation credit determined under section 45G(a).. (c) Basis adjustment \nSubsection (a) of section 1016 of such Code is amended by striking and at the end of paragraph (27), by striking the period at the end of paragraph (28) and inserting , and , and by adding at the end the following new paragraph: (29) to the extent provided in section 45G(d), in the case of amounts with respect to which a credit has been allowed under section 45G.. (d) Limitation on carryback \nSubsection (d) of section 39 of such Code is amended to read as follows: (d) No carryback of commercial water conservation credit before January 1, 2004 \nNo portion of the unused business credit for any taxable year which is attributable to the commercial water conservation credit determined under section 45G may be carried back to a taxable year beginning before January 1, 2004.. (e) Clerical amendment \nThe table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 45G. Commercial water conservation credit. (f) Effective date \nThe amendments made by this section shall apply to property placed in service after December 31, 2003.", "id": "H3F8833CEE2704F0D96A74FA5830494F", "header": "Credit for water conservation", "nested": [ { "text": "(a) In general \nSubpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: 45G. Commercial water conservation credit \n(a) In general \nFor purposes of section 38, in the case of a small employer, the credit determined under this section for the taxable year is an amount equal to 10 percent of the aggregate adjusted bases of all qualified water conservation property installed in or in connection with the principal place of business (within the meaning of section 280A(c)(1)) of the taxpayer located in the United States. (b) Definitions \nFor purposes of this section— (1) Small employer \n(A) In general \nThe term small employer means, with respect to any taxable year, any employer if such employer employed an average of 100 or fewer employees on business days during either of the 2 preceding calendar years. For purposes of the preceding sentence, a preceding calendar year may be taken into account only if the employer was in existence throughout such year. (B) Employers not in existence in preceding year \nIn the case of an employer which was not in existence throughout the 1st preceding taxable year, the determination under subparagraph (A) shall be based on the average number of employees that it is reasonably expected such employer will employ on business days in the current taxable year. (C) Special rules \n(i) Controlled groups \nFor purposes of this paragraph, all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as 1 employer. (ii) Predecessors \nAny reference in this paragraph to an employer shall include a reference to any predecessor of such employer. (2) Qualified water conservation property \nThe term qualified water conservation property has the meaning given to such term by section 36(c)(2). (c) Special rules \nFor purposes of this section— (1) In general \nRules similar to the rules of section 36(d) (other than paragraph (4) thereof) shall apply for purposes of this section. (2) Coordination with certain credits \n(A) The basis of any property referred to in subsection (a) shall be reduced by that portion of the basis of any property which is attributable to qualified rehabilitation expenditures (as defined in section 47(c)(2)) or to the energy percentage of energy property (as determined under section 48(a)). (B) Expenditures taken into account under section 47 or 48(a) shall not be taken into account under this section. (3) Denial of double benefit \nNo deduction or credit shall be allowed under this chapter for any amount taken into account in determining the credit under this section. (4) Election not to claim credit \nThis section shall not apply to a taxpayer for any taxable year if such taxpayer elects to have this section not apply for such taxable year. (d) Basis adjustment \nFor purposes of this subtitle, if a credit is determined under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so determined..", "id": "H9DFB7282AEE34BFAB3E17B60736BDA61", "header": "In general", "nested": [], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" } ] }, { "text": "(b) Credit made part of general business credit \nSection 38(b) of such Code (relating to current year business credit) is amended by striking plus at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting , plus , and by adding at the end the following new paragraph: (16) the commercial water conservation credit determined under section 45G(a)..", "id": "H72F50D9BFC394E9A00143F4666548D89", "header": "Credit made part of general business credit", "nested": [], "links": [] }, { "text": "(c) Basis adjustment \nSubsection (a) of section 1016 of such Code is amended by striking and at the end of paragraph (27), by striking the period at the end of paragraph (28) and inserting , and , and by adding at the end the following new paragraph: (29) to the extent provided in section 45G(d), in the case of amounts with respect to which a credit has been allowed under section 45G..", "id": "HB3D1DAAAE31047B780036EC851F299C4", "header": "Basis adjustment", "nested": [], "links": [] }, { "text": "(d) Limitation on carryback \nSubsection (d) of section 39 of such Code is amended to read as follows: (d) No carryback of commercial water conservation credit before January 1, 2004 \nNo portion of the unused business credit for any taxable year which is attributable to the commercial water conservation credit determined under section 45G may be carried back to a taxable year beginning before January 1, 2004..", "id": "H6DD23D5210664B508E1D0096E030AD05", "header": "Limitation on carryback", "nested": [], "links": [] }, { "text": "(e) Clerical amendment \nThe table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 45G. Commercial water conservation credit.", "id": "HA7EC3AC336384424ABA30058F2F0DDAD", "header": "Clerical amendment", "nested": [], "links": [] }, { "text": "(f) Effective date \nThe amendments made by this section shall apply to property placed in service after December 31, 2003.", "id": "HFE36EB1E14B64876BDF324772C85BF9C", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" } ] }, { "text": "45G. Commercial water conservation credit \n(a) In general \nFor purposes of section 38, in the case of a small employer, the credit determined under this section for the taxable year is an amount equal to 10 percent of the aggregate adjusted bases of all qualified water conservation property installed in or in connection with the principal place of business (within the meaning of section 280A(c)(1)) of the taxpayer located in the United States. (b) Definitions \nFor purposes of this section— (1) Small employer \n(A) In general \nThe term small employer means, with respect to any taxable year, any employer if such employer employed an average of 100 or fewer employees on business days during either of the 2 preceding calendar years. For purposes of the preceding sentence, a preceding calendar year may be taken into account only if the employer was in existence throughout such year. (B) Employers not in existence in preceding year \nIn the case of an employer which was not in existence throughout the 1st preceding taxable year, the determination under subparagraph (A) shall be based on the average number of employees that it is reasonably expected such employer will employ on business days in the current taxable year. (C) Special rules \n(i) Controlled groups \nFor purposes of this paragraph, all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as 1 employer. (ii) Predecessors \nAny reference in this paragraph to an employer shall include a reference to any predecessor of such employer. (2) Qualified water conservation property \nThe term qualified water conservation property has the meaning given to such term by section 36(c)(2). (c) Special rules \nFor purposes of this section— (1) In general \nRules similar to the rules of section 36(d) (other than paragraph (4) thereof) shall apply for purposes of this section. (2) Coordination with certain credits \n(A) The basis of any property referred to in subsection (a) shall be reduced by that portion of the basis of any property which is attributable to qualified rehabilitation expenditures (as defined in section 47(c)(2)) or to the energy percentage of energy property (as determined under section 48(a)). (B) Expenditures taken into account under section 47 or 48(a) shall not be taken into account under this section. (3) Denial of double benefit \nNo deduction or credit shall be allowed under this chapter for any amount taken into account in determining the credit under this section. (4) Election not to claim credit \nThis section shall not apply to a taxpayer for any taxable year if such taxpayer elects to have this section not apply for such taxable year. (d) Basis adjustment \nFor purposes of this subtitle, if a credit is determined under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so determined.", "id": "HC2C54F99250543F997DA38490084BC28", "header": "Commercial water conservation credit", "nested": [ { "text": "(a) In general \nFor purposes of section 38, in the case of a small employer, the credit determined under this section for the taxable year is an amount equal to 10 percent of the aggregate adjusted bases of all qualified water conservation property installed in or in connection with the principal place of business (within the meaning of section 280A(c)(1)) of the taxpayer located in the United States.", "id": "H90AB21FD297F4FFB9B360982194D5B84", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Definitions \nFor purposes of this section— (1) Small employer \n(A) In general \nThe term small employer means, with respect to any taxable year, any employer if such employer employed an average of 100 or fewer employees on business days during either of the 2 preceding calendar years. For purposes of the preceding sentence, a preceding calendar year may be taken into account only if the employer was in existence throughout such year. (B) Employers not in existence in preceding year \nIn the case of an employer which was not in existence throughout the 1st preceding taxable year, the determination under subparagraph (A) shall be based on the average number of employees that it is reasonably expected such employer will employ on business days in the current taxable year. (C) Special rules \n(i) Controlled groups \nFor purposes of this paragraph, all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as 1 employer. (ii) Predecessors \nAny reference in this paragraph to an employer shall include a reference to any predecessor of such employer. (2) Qualified water conservation property \nThe term qualified water conservation property has the meaning given to such term by section 36(c)(2).", "id": "H4E85A63282C745E1B2D13C1134508BB9", "header": "Definitions", "nested": [], "links": [] }, { "text": "(c) Special rules \nFor purposes of this section— (1) In general \nRules similar to the rules of section 36(d) (other than paragraph (4) thereof) shall apply for purposes of this section. (2) Coordination with certain credits \n(A) The basis of any property referred to in subsection (a) shall be reduced by that portion of the basis of any property which is attributable to qualified rehabilitation expenditures (as defined in section 47(c)(2)) or to the energy percentage of energy property (as determined under section 48(a)). (B) Expenditures taken into account under section 47 or 48(a) shall not be taken into account under this section. (3) Denial of double benefit \nNo deduction or credit shall be allowed under this chapter for any amount taken into account in determining the credit under this section. (4) Election not to claim credit \nThis section shall not apply to a taxpayer for any taxable year if such taxpayer elects to have this section not apply for such taxable year.", "id": "H197556D0CA004927ACEDECAD623747", "header": "Special rules", "nested": [], "links": [] }, { "text": "(d) Basis adjustment \nFor purposes of this subtitle, if a credit is determined under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so determined.", "id": "H2E584BA8025D483D9D65487B66C1D3C3", "header": "Basis adjustment", "nested": [], "links": [] } ], "links": [] } ]

[ "Ways and Means Committee" ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Director of National Intelligence Act of 2004. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents Sec. 2. Definitions Title I—Establishment of Director of National Intelligence Sec. 101. Establishment of the Director of National Intelligence Sec. 102. Duties of the Director of National Intelligence Sec. 103. Management of the national intelligence program Title II—Authorities of the Director of National Intelligence Sec. 201. Authority of the Director of National Intelligence over matters relating to budget Sec. 202. Authority of the Director of National Intelligence over matters relating to personnel Title III—Additional provisions Sec. 301. Resolution of agency priority differences Sec. 302. Duty of heads of national intelligence centers to report to the Director of National Intelligence", "id": "H37D14DB613F34F6D98E0770BDD7C58B", "header": "Short title; table of contents", "nested": [ { "text": "(a) Short title \nThis Act may be cited as the Director of National Intelligence Act of 2004.", "id": "H224AE1CDB8844943AB285B59EB8144D1", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents Sec. 2. Definitions Title I—Establishment of Director of National Intelligence Sec. 101. Establishment of the Director of National Intelligence Sec. 102. Duties of the Director of National Intelligence Sec. 103. Management of the national intelligence program Title II—Authorities of the Director of National Intelligence Sec. 201. Authority of the Director of National Intelligence over matters relating to budget Sec. 202. Authority of the Director of National Intelligence over matters relating to personnel Title III—Additional provisions Sec. 301. Resolution of agency priority differences Sec. 302. Duty of heads of national intelligence centers to report to the Director of National Intelligence", "id": "H60BC98EFA45045069E09AB5D38D69413", "header": "Table of contents", "nested": [], "links": [] } ], "links": [] }, { "text": "2. Definitions \nIn this Act: (1) National intelligence program \nThe term national intelligence program means a program of foreign, military, and domestic intelligence related to the national security under the oversight of the Director of National Intelligence. (2) National intelligence center \nThe term national intelligence center means a center established by the Director of National Intelligence to provide all-source analysis and plan intelligence operations for the Federal Government on specific subjects of interest, such as counterterrorism, counterproliferation, counternarcotics, and counterintelligence. (3) National intelligence agency \nThe term national intelligence agency means an agency of the United States that contributes to the national intelligence program, including the elements of the intelligence community. (4) Intelligence community \nThe term intelligence community has the meaning given such term in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 401a(4) ).", "id": "H298664B26F4E4D6F97BC68B4B8739B2B", "header": "Definitions", "nested": [], "links": [ { "text": "50 U.S.C. 401a(4)", "legal-doc": "usc", "parsable-cite": "usc/50/401a" } ] }, { "text": "101. Establishment of the Director of National Intelligence \n(a) Establishment \nThere is in the Executive Office of the President a Director of National Intelligence. (b) Oversight of national intelligence program \nThe Director of National Intelligence shall act as the principal adviser to the President for intelligence matters related to the national security and shall oversee budget, operations, and personnel of the national intelligence program. (c) Appointment \nThe Director of National Intelligence shall be appointed by the President, by and with the advice and consent of the Senate. (d) Executive Schedule I Compensation Rate \nThe Director of National Intelligence shall be compensated at the rate of pay applicable under section 5312 of title 5, United States Code. (e) Prohibition on policymaking \nThe Director of National Intelligence shall not serve as a policymaker.", "id": "H2AE68E8E46C949ABA7AFD54EE1EB1E60", "header": "Establishment of the Director of National Intelligence", "nested": [ { "text": "(a) Establishment \nThere is in the Executive Office of the President a Director of National Intelligence.", "id": "H2B4D7E53CD9849DCBD14EDC71376DF65", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Oversight of national intelligence program \nThe Director of National Intelligence shall act as the principal adviser to the President for intelligence matters related to the national security and shall oversee budget, operations, and personnel of the national intelligence program.", "id": "H6080D8C4536F45FF961982B8008CEE18", "header": "Oversight of national intelligence program", "nested": [], "links": [] }, { "text": "(c) Appointment \nThe Director of National Intelligence shall be appointed by the President, by and with the advice and consent of the Senate.", "id": "HF27C92F3237646080032752637D3FB4E", "header": "Appointment", "nested": [], "links": [] }, { "text": "(d) Executive Schedule I Compensation Rate \nThe Director of National Intelligence shall be compensated at the rate of pay applicable under section 5312 of title 5, United States Code.", "id": "H07795C5878EB42D0A1AA2146ED872F61", "header": "Executive Schedule I Compensation Rate", "nested": [], "links": [ { "text": "section 5312", "legal-doc": "usc", "parsable-cite": "usc/5/5312" } ] }, { "text": "(e) Prohibition on policymaking \nThe Director of National Intelligence shall not serve as a policymaker.", "id": "H35A4D02D38124B7BB84F66F3522E83FE", "header": "Prohibition on policymaking", "nested": [], "links": [] } ], "links": [ { "text": "section 5312", "legal-doc": "usc", "parsable-cite": "usc/5/5312" } ] }, { "text": "102. Duties of the Director of National Intelligence \nThe Director of National Intelligence shall carry out the following duties: (1) Manage the national intelligence program, including oversight of the budget, operations, and personnel of the intelligence community. (2) Reorganize the intelligence services around specific threats, such as terrorism, weapons of mass destruction, and hostile countries. (3) Oversee national intelligence centers. (4) Oversee the national intelligence agencies. (5) Advise the President regarding the most relevant and reliable intelligence information. (6) Identify national security threats and determining which secrets are most important to protect. (7) Advise the President regarding the coordinate efforts of the Department of Homeland Security. (8) Work closely with the Director of the Federal Bureau of Investigation and the Director of Central Intelligence. (9) Support the President, and the heads of departments and agencies of the executive branch, the Chairman of the Joint Chiefs of Staff, and senior military commanders. (10) Establish information sharing and information technology policies to maximize data sharing, as well as policies to protect the security of information. (11) Perform such other duties as the President may prescribe.", "id": "HA4B1E4728A7F41F2A8034CB9BAF95C2C", "header": "Duties of the Director of National Intelligence", "nested": [], "links": [] }, { "text": "103. Management of the national intelligence program \n(a) In general \nThe following officials shall assist the Director of National Intelligence in carrying out the duty to manage the national intelligence program: (1) The Director of Central Intelligence, who shall also serve as the Deputy Director of National Intelligence for Foreign Intelligence, shall carry out duties with respect to foreign intelligence. (2) The Under Secretary of Defense for Intelligence, who shall also serve as the Deputy Director of National Intelligence for Military Intelligence, shall carry out duties with respect to military intelligence. (3) The Under Secretary of Homeland Security for Information Analysis and Infrastructure Protection, who shall also serve as the Deputy Director of National Intelligence for Domestic Intelligence, shall carry out duties with respect to domestic intelligence. (b) Duties with respect to national intelligence center operations \nEach official specified in subsection (a), within the respective area of intelligence, shall acquire systems and train personnel to execute the operations assigned to the official by a director of a national intelligence center. (c) Coordination of agencies of the intelligence community \nThe head of each national intelligence agency shall coordinate functions of that agency with the appropriate area of intelligence specified in subsection (a). (d) Construction \nNothing in this Act shall be construed as modifying the authority or duty of the Secretary of Defense to carry out the Joint Military Intelligence Program and the Tactical Intelligence and Related Activities Program.", "id": "H23F932C872CE4120AEB55804DB399659", "header": "Management of the national intelligence program", "nested": [ { "text": "(a) In general \nThe following officials shall assist the Director of National Intelligence in carrying out the duty to manage the national intelligence program: (1) The Director of Central Intelligence, who shall also serve as the Deputy Director of National Intelligence for Foreign Intelligence, shall carry out duties with respect to foreign intelligence. (2) The Under Secretary of Defense for Intelligence, who shall also serve as the Deputy Director of National Intelligence for Military Intelligence, shall carry out duties with respect to military intelligence. (3) The Under Secretary of Homeland Security for Information Analysis and Infrastructure Protection, who shall also serve as the Deputy Director of National Intelligence for Domestic Intelligence, shall carry out duties with respect to domestic intelligence.", "id": "HC0B303F6404745BE8D5CAD89CAE122F7", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Duties with respect to national intelligence center operations \nEach official specified in subsection (a), within the respective area of intelligence, shall acquire systems and train personnel to execute the operations assigned to the official by a director of a national intelligence center.", "id": "H5C5813E46C8E49D4ACA514206485D13", "header": "Duties with respect to national intelligence center operations", "nested": [], "links": [] }, { "text": "(c) Coordination of agencies of the intelligence community \nThe head of each national intelligence agency shall coordinate functions of that agency with the appropriate area of intelligence specified in subsection (a).", "id": "H104ED9F05D6842D4BC00FFEE9B185F84", "header": "Coordination of agencies of the intelligence community", "nested": [], "links": [] }, { "text": "(d) Construction \nNothing in this Act shall be construed as modifying the authority or duty of the Secretary of Defense to carry out the Joint Military Intelligence Program and the Tactical Intelligence and Related Activities Program.", "id": "HF2883218E8DB41E3ACFC61339B048CFA", "header": "Construction", "nested": [], "links": [] } ], "links": [] }, { "text": "201. Authority of the Director of National Intelligence over matters relating to budget \nThe Director of National Intelligence shall have the following duties and authorities over matters relating to the budget of the national intelligence program: (1) Development of unified budget \nThe Director of National Intelligence shall prepare annual unified budgets for the national intelligence program for inclusion in the budget submission of the President under title 31, United States Code, that reflect— (A) priorities of the National Security Council, and (B) an appropriate balance among the varieties of technical and human intelligence collection methods and analysis. (2) Appropriations \nAmounts appropriated for the national intelligence program for a year shall be made to the Director of National Intelligence. The Director of National Intelligence shall allocate such appropriations among the national intelligence agencies. (3) Reprogramming \nThe Director of National Intelligence may reprogram funds appropriated for the national intelligence program to meet any unforeseen priority.", "id": "H531A614FD7F64B0A9E65B29146DB2200", "header": "Authority of the Director of National Intelligence over matters relating to budget", "nested": [], "links": [] }, { "text": "202. Authority of the Director of National Intelligence over matters relating to personnel \nThe Director of National Intelligence shall have the following duties and authorities over matters relating to the personnel of national intelligence agencies. (1) Personnel policies \nThe Director of National Intelligence shall put into effect personnel policies to establish standards for education and training of officers and employees of national intelligence agencies and to facilitate assignments of those officers and employees at national intelligence centers and across national intelligence agencies. (2) Employment and termination authority \nThe Director of National Intelligence may employ such individuals in positions within the national intelligence program as the Director determines to be appropriate. The Director of National Intelligence may terminate the employment of any officer or employee of a national intelligence agency whenever the Director deems such termination necessary or advisable in the interests of the United States. (3) Appointment of officials responsible for intelligence-related activities \n(A) In the event of a vacancy in a position referred to in subparagraph (B), the head of the department or agency involved shall obtain the concurrence of the Director of National Intelligence before recommending to the President an individual for appointment to the position. (B) Subparagraph (A) applies to the following positions: (i) The Director of Central Intelligence. (ii) The Director of the Defense Intelligence Agency. (iii) The Director of the National Security Agency. (iv) The Director of the National Reconnaissance Office. (v) The Director of the National Geospatial-Intelligence Agency. (vi) The Under Secretary for Information Analysis and Infrastructure Protection of the Department of Homeland Security. (vii) The Executive Assistant Director for Intelligence of the Federal Bureau of Investigation. (viii) The Assistant Secretary of State for Intelligence and Research. (ix) The Director of the Office of Intelligence of the Department of Energy. (x) The Director of the Office of Counterintelligence of the Department of Energy. (xi) The Assistant Secretary for Intelligence and Analysis of the Department of the Treasury. (xii) The head of any other agency with national intelligence functions.", "id": "H9DC0636DB54E485CAD4932C943384768", "header": "Authority of the Director of National Intelligence over matters relating to personnel", "nested": [], "links": [] }, { "text": "301. Resolution of agency priority differences \n(a) Establishment of NSC executive committee \nThere is established in the National Security Council an executive committee for the resolution of differences in priorities among national intelligence agencies. Insofar as the executive committee is unable to resolve a priority difference, the President shall resolve the priority difference. (b) Inclusion of the Director of National Intelligence \nThe Director of National Intelligence shall be a member of the executive committee established under subsection (a).", "id": "H24DA62B1ABDB4F3C98285F30AF3EAE95", "header": "Resolution of agency priority differences", "nested": [ { "text": "(a) Establishment of NSC executive committee \nThere is established in the National Security Council an executive committee for the resolution of differences in priorities among national intelligence agencies. Insofar as the executive committee is unable to resolve a priority difference, the President shall resolve the priority difference.", "id": "H2E8DDB8D4A5F44DE00C20062732C9D69", "header": "Establishment of NSC executive committee", "nested": [], "links": [] }, { "text": "(b) Inclusion of the Director of National Intelligence \nThe Director of National Intelligence shall be a member of the executive committee established under subsection (a).", "id": "H98F8086C285A43878300FA6FD0003D10", "header": "Inclusion of the Director of National Intelligence", "nested": [], "links": [] } ], "links": [] }, { "text": "302. Duty of heads of national intelligence centers to report to the Director of National Intelligence \nDirectors of national intelligence centers shall report directly to the Director of National Intelligence.", "id": "HF72A45A0B82845C3BB6F30B0734BCA14", "header": "Duty of heads of national intelligence centers to report to the Director of National Intelligence", "nested": [], "links": [] } ]

[ "Intelligence (Permanent Select) Committee" ]

[ { "text": "1. Authorization to reissue permit \nThe first section of Public Law 99–338 is amended by striking one renewal and inserting 3 renewals.", "id": "H325FCEE8096644E18E9DB469BC07A079", "header": "Authorization to reissue permit", "nested": [], "links": [ { "text": "Public Law 99–338", "legal-doc": "public-law", "parsable-cite": "pl/99/338" } ] } ]

[ "Energy and Natural Resources Committee", "Natural Resources Committee" ]

[ { "text": "1. Conversion of temporary judgeships to permanent judgeships \n(a) In general \nThe existing district judgeships for the district of Hawaii, the district of Kansas, and the eastern district of Missouri authorized by section 203(c) of the Judicial Improvements Act of 1990 ( Public Law 101–650 ; 28 U.S.C. 133 note) shall, as of the date of the enactment of this Act, be authorized under section 133 of title 28, United States Code, and the incumbents in those offices shall hold the office under section 133 of title 28, United States Code (as amended by this Act). (b) Technical and conforming amendments \nThe table contained in section 133(a) of title 28, United States Code, is amended— (1) in the item relating to Hawaii by striking 3 and inserting 4 ; (2) in the item relating to Kansas by striking 5 and inserting 6 ; and (3) in the item relating to the eastern district of Missouri by striking 6 and inserting 7.", "id": "HE281E646E16E49D383A2974C00B424DB", "header": "Conversion of temporary judgeships to permanent judgeships", "nested": [ { "text": "(a) In general \nThe existing district judgeships for the district of Hawaii, the district of Kansas, and the eastern district of Missouri authorized by section 203(c) of the Judicial Improvements Act of 1990 ( Public Law 101–650 ; 28 U.S.C. 133 note) shall, as of the date of the enactment of this Act, be authorized under section 133 of title 28, United States Code, and the incumbents in those offices shall hold the office under section 133 of title 28, United States Code (as amended by this Act).", "id": "H16B0B082A8F84D14BA814F669417EA65", "header": "In general", "nested": [], "links": [ { "text": "Public Law 101–650", "legal-doc": "public-law", "parsable-cite": "pl/101/650" }, { "text": "28 U.S.C. 133", "legal-doc": "usc", "parsable-cite": "usc/28/133" }, { "text": "section 133", "legal-doc": "usc", "parsable-cite": "usc/28/133" }, { "text": "section 133", "legal-doc": "usc", "parsable-cite": "usc/28/133" } ] }, { "text": "(b) Technical and conforming amendments \nThe table contained in section 133(a) of title 28, United States Code, is amended— (1) in the item relating to Hawaii by striking 3 and inserting 4 ; (2) in the item relating to Kansas by striking 5 and inserting 6 ; and (3) in the item relating to the eastern district of Missouri by striking 6 and inserting 7.", "id": "HD9539ABA1B9646CFA083AED8D324B226", "header": "Technical and conforming amendments", "nested": [], "links": [ { "text": "section 133(a)", "legal-doc": "usc", "parsable-cite": "usc/28/133" } ] } ], "links": [ { "text": "Public Law 101–650", "legal-doc": "public-law", "parsable-cite": "pl/101/650" }, { "text": "28 U.S.C. 133", "legal-doc": "usc", "parsable-cite": "usc/28/133" }, { "text": "section 133", "legal-doc": "usc", "parsable-cite": "usc/28/133" }, { "text": "section 133", "legal-doc": "usc", "parsable-cite": "usc/28/133" }, { "text": "section 133(a)", "legal-doc": "usc", "parsable-cite": "usc/28/133" } ] }, { "text": "2. District judgeship for the district of Nebraska \n(a) Additional permanent district judgeship \nThe President shall appoint, by and with the advice and consent of the Senate, 1 additional district judge for the district of Nebraska. (b) Technical and conforming amendment \nIn order that the table under section 133(a) of title 28, United States Code, will reflect the change in the number of permanent judgeships authorized for the district of Nebraska by subsection (a), such table is amended in the item relating to Nebraska by striking 3 and inserting 4.", "id": "H1CCEBFA1FA5F44A38852FC936531EC7F", "header": "District judgeship for the district of Nebraska", "nested": [ { "text": "(a) Additional permanent district judgeship \nThe President shall appoint, by and with the advice and consent of the Senate, 1 additional district judge for the district of Nebraska.", "id": "HEA5472AA674440BE8361137DB73B7BAD", "header": "Additional permanent district judgeship", "nested": [], "links": [] }, { "text": "(b) Technical and conforming amendment \nIn order that the table under section 133(a) of title 28, United States Code, will reflect the change in the number of permanent judgeships authorized for the district of Nebraska by subsection (a), such table is amended in the item relating to Nebraska by striking 3 and inserting 4.", "id": "H7E9AE601DB084893B5A3F00FAE0E94D", "header": "Technical and conforming amendment", "nested": [], "links": [ { "text": "section 133(a)", "legal-doc": "usc", "parsable-cite": "usc/28/133" } ] } ], "links": [ { "text": "section 133(a)", "legal-doc": "usc", "parsable-cite": "usc/28/133" } ] }, { "text": "3. District judgeship for the eastern district of California \n(a) Additional permanent district judgeship \nThe President shall appoint, by and with the advice and consent of the Senate, 1 additional district judge for the eastern district of California. (b) Technical and conforming amendment \nIn order that the table under section 133(a) of title 28, United States Code, will reflect the change in the number of permanent judgeships authorized for the eastern district of California by subsection (a), such table is amended in the item relating to the eastern district of California by striking 6 and inserting 7.", "id": "H352BB04C766E4182867713076C82F881", "header": "District judgeship for the eastern district of California", "nested": [ { "text": "(a) Additional permanent district judgeship \nThe President shall appoint, by and with the advice and consent of the Senate, 1 additional district judge for the eastern district of California.", "id": "H140A57542C564D99B0CC6BFEEBD89ECE", "header": "Additional permanent district judgeship", "nested": [], "links": [] }, { "text": "(b) Technical and conforming amendment \nIn order that the table under section 133(a) of title 28, United States Code, will reflect the change in the number of permanent judgeships authorized for the eastern district of California by subsection (a), such table is amended in the item relating to the eastern district of California by striking 6 and inserting 7.", "id": "HD2A32FC394E64174A5291F543CB46DA8", "header": "Technical and conforming amendment", "nested": [], "links": [ { "text": "section 133(a)", "legal-doc": "usc", "parsable-cite": "usc/28/133" } ] } ], "links": [ { "text": "section 133(a)", "legal-doc": "usc", "parsable-cite": "usc/28/133" } ] } ]

[ "Judiciary Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Identification Security Act of 2004.", "id": "H8621603222ED42CF00F2570087E464BB", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Shifting of burden of proof to alien possessing consular identification card \n(a) In general \nSection 240(c)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(c)(3) ) is amended by adding at the end the following: (D) Possession of consular identification card \n(i) In general \nNotwithstanding subparagraph (A), clear and convincing evidence that an alien at any time possessed a consular identification card while physically present in the United States shall be prima facie evidence that the alien is deportable. In such a case, the alien shall have the burden of establishing, by clear and convincing evidence, that the alien is not deportable on any of the grounds of deportability with which the alien is charged. (ii) Definition \nFor purposes of clause (i), the term consular identification card means an identification document, other than a visa, passport, or other travel, entry, or exit document, issued by— (I) a foreign mission (as defined in section 202 of the Foreign Missions Act ( 22 U.S.C. 4302 )); or (II) an organization representing a territory or political entity other than the United States which has been granted diplomatic or other official privileges and immunities under the laws of the United States or which engages in some aspect of the conduct of the international affairs of such territory or political entity.. (b) Effective date \nThe amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to removal proceedings initiated on or after such date. (c) Construction \nNothing in this section shall be construed to affect any alien who is not placed in removal proceedings under section 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a ).", "id": "H051B8D3D71154800B0226F1B98CD868C", "header": "Shifting of burden of proof to alien possessing consular identification card", "nested": [ { "text": "(a) In general \nSection 240(c)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(c)(3) ) is amended by adding at the end the following: (D) Possession of consular identification card \n(i) In general \nNotwithstanding subparagraph (A), clear and convincing evidence that an alien at any time possessed a consular identification card while physically present in the United States shall be prima facie evidence that the alien is deportable. In such a case, the alien shall have the burden of establishing, by clear and convincing evidence, that the alien is not deportable on any of the grounds of deportability with which the alien is charged. (ii) Definition \nFor purposes of clause (i), the term consular identification card means an identification document, other than a visa, passport, or other travel, entry, or exit document, issued by— (I) a foreign mission (as defined in section 202 of the Foreign Missions Act ( 22 U.S.C. 4302 )); or (II) an organization representing a territory or political entity other than the United States which has been granted diplomatic or other official privileges and immunities under the laws of the United States or which engages in some aspect of the conduct of the international affairs of such territory or political entity..", "id": "HC1F5AE4D52F648D4A3FD23809EB42990", "header": "In general", "nested": [], "links": [ { "text": "8 U.S.C. 1229a(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/8/1229a" }, { "text": "22 U.S.C. 4302", "legal-doc": "usc", "parsable-cite": "usc/22/4302" } ] }, { "text": "(b) Effective date \nThe amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to removal proceedings initiated on or after such date.", "id": "H6C6D88A3F6E24837B9AF037C0437A1BD", "header": "Effective date", "nested": [], "links": [] }, { "text": "(c) Construction \nNothing in this section shall be construed to affect any alien who is not placed in removal proceedings under section 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a ).", "id": "H14F7F3DF45AA45CBAA473F98F683C000", "header": "Construction", "nested": [], "links": [ { "text": "8 U.S.C. 1229a", "legal-doc": "usc", "parsable-cite": "usc/8/1229a" } ] } ], "links": [ { "text": "8 U.S.C. 1229a(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/8/1229a" }, { "text": "22 U.S.C. 4302", "legal-doc": "usc", "parsable-cite": "usc/22/4302" }, { "text": "8 U.S.C. 1229a", "legal-doc": "usc", "parsable-cite": "usc/8/1229a" } ] }, { "text": "3. Inadmissibility for 10 years for presentation of consular identification card for Federal identification-related purpose \n(a) In general \nSection 212(a)(10) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(10) ) is amended by adding at the end the following: (F) Presentation of consular identification card for Federal purpose \n(i) In general \nAny alien who is unlawfully present in the United States, presents a consular identification card to satisfy an identification-related requirement of Federal law, and seeks admission within the 10-year period beginning on the date of such presentation, is inadmissible. (ii) Definitions \nFor purposes of clause (i) , the term consular identification card has the meaning given such term in section 240(c)(3)(D)(ii). (b) Effective date \nThe amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to aliens presenting consular identification cards on or after such date.", "id": "H860D61C49CCD4B72B5311633C16634AB", "header": "Inadmissibility for 10 years for presentation of consular identification card for Federal identification-related purpose", "nested": [ { "text": "(a) In general \nSection 212(a)(10) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(10) ) is amended by adding at the end the following: (F) Presentation of consular identification card for Federal purpose \n(i) In general \nAny alien who is unlawfully present in the United States, presents a consular identification card to satisfy an identification-related requirement of Federal law, and seeks admission within the 10-year period beginning on the date of such presentation, is inadmissible. (ii) Definitions \nFor purposes of clause (i) , the term consular identification card has the meaning given such term in section 240(c)(3)(D)(ii).", "id": "HA30180CE6E9D4E3693DCCA4F57792825", "header": "In general", "nested": [], "links": [ { "text": "8 U.S.C. 1182(a)(10)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" } ] }, { "text": "(b) Effective date \nThe amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to aliens presenting consular identification cards on or after such date.", "id": "H87A8A48407EA45309DCAC445A5453E9", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "8 U.S.C. 1182(a)(10)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" } ] } ]

[ "Judiciary Committee" ]

[ { "text": "1. Permanent resident status for Rafael Camacho, Rosa B. Camacho, and Rosa Camacho \n(a) In general \nNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act, Rafael Camacho, Rosa B. Camacho, and Rosa Camacho shall each be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident. (b) Adjustment of status \nIf Rafael Camacho, Rosa B. Camacho, or Rosa Camacho enters the United States before the filing deadline specified in subsection (c), he or she shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act. (c) Deadline for application and payment of fees \nSubsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act. (d) Reduction of immigrant visa number \nUpon the granting of an immigrant visa or permanent residence to Rafael Camacho, Rosa B. Camacho, and Rosa Camacho, the Secretary of State shall instruct the proper officer to reduce by 3, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the aliens’ birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the aliens’ birth under section 202(e) of such Act.", "id": "H5551FE8898B24C9383457D03E97EEE7D", "header": "Permanent resident status for Rafael Camacho, Rosa B. Camacho, and Rosa Camacho", "nested": [ { "text": "(a) In general \nNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act, Rafael Camacho, Rosa B. Camacho, and Rosa Camacho shall each be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident.", "id": "HC6784A41D15E475487D3BA3C5400C85B", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Adjustment of status \nIf Rafael Camacho, Rosa B. Camacho, or Rosa Camacho enters the United States before the filing deadline specified in subsection (c), he or she shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act.", "id": "H1A6C4C6F6BC140909393F17DC951187E", "header": "Adjustment of status", "nested": [], "links": [] }, { "text": "(c) Deadline for application and payment of fees \nSubsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act.", "id": "H8F513F4874C54EE7B94C00809DB6ED7", "header": "Deadline for application and payment of fees", "nested": [], "links": [] }, { "text": "(d) Reduction of immigrant visa number \nUpon the granting of an immigrant visa or permanent residence to Rafael Camacho, Rosa B. Camacho, and Rosa Camacho, the Secretary of State shall instruct the proper officer to reduce by 3, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the aliens’ birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the aliens’ birth under section 202(e) of such Act.", "id": "HD668AB284C234D3AAC00351CCF97BA83", "header": "Reduction of immigrant visa number", "nested": [], "links": [] } ], "links": [] } ]

[ "Judiciary Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Consumer and Producer Protection Act of 2004.", "id": "HF43D480C431A4E159BA9BE9F4EBCB7A1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Prevention of slaughter for human consumption of certain cattle \n(a) Non-ambulatory defined \nSection 1 of the Federal Meat Inspection Act ( 21 U.S.C. 601 ) is amended by adding at the end the following new subsection: (w) The term non-ambulatory shall apply to any cattle that, at the time of examination and inspection under section 3(a), is unable to rise from a recumbent position or unable to walk for any reason, including metabolic conditions or central nervous system disorders, unless the reason for such inability is fatigue, stress, obdurator nerve paralysis, obesity, or one or more broken or fractured appendages, severed tendons or ligaments, or dislocated joints.. (b) Prohibition on allowing certain cattle to pass inspection \nSection 3(a) of the Federal Meat Inspection Act ( 21 U.S.C. 603(a) ) is amended by adding at the end the following new sentence: All cattle found on such inspection to be non-ambulatory, to test positive for central nervous system disorders, to exhibit signs of bovine spongiform encephalopathy (including moribund condition, tetanus, or emaciation), or to be dead prior to examination and inspection shall be found to be adulterated for purposes of section 4..", "id": "HE1629D5EA6D04EDE9BA2FCDAE7ADF700", "header": "Prevention of slaughter for human consumption of certain cattle", "nested": [ { "text": "(a) Non-ambulatory defined \nSection 1 of the Federal Meat Inspection Act ( 21 U.S.C. 601 ) is amended by adding at the end the following new subsection: (w) The term non-ambulatory shall apply to any cattle that, at the time of examination and inspection under section 3(a), is unable to rise from a recumbent position or unable to walk for any reason, including metabolic conditions or central nervous system disorders, unless the reason for such inability is fatigue, stress, obdurator nerve paralysis, obesity, or one or more broken or fractured appendages, severed tendons or ligaments, or dislocated joints..", "id": "HA75E9167643F46ABA009D2F32E67112", "header": "Non-ambulatory defined", "nested": [], "links": [ { "text": "21 U.S.C. 601", "legal-doc": "usc", "parsable-cite": "usc/21/601" } ] }, { "text": "(b) Prohibition on allowing certain cattle to pass inspection \nSection 3(a) of the Federal Meat Inspection Act ( 21 U.S.C. 603(a) ) is amended by adding at the end the following new sentence: All cattle found on such inspection to be non-ambulatory, to test positive for central nervous system disorders, to exhibit signs of bovine spongiform encephalopathy (including moribund condition, tetanus, or emaciation), or to be dead prior to examination and inspection shall be found to be adulterated for purposes of section 4..", "id": "H80DA898BD73442D89BFF3E83477EE289", "header": "Prohibition on allowing certain cattle to pass inspection", "nested": [], "links": [ { "text": "21 U.S.C. 603(a)", "legal-doc": "usc", "parsable-cite": "usc/21/603" } ] } ], "links": [ { "text": "21 U.S.C. 601", "legal-doc": "usc", "parsable-cite": "usc/21/601" }, { "text": "21 U.S.C. 603(a)", "legal-doc": "usc", "parsable-cite": "usc/21/603" } ] } ]

[ "Agriculture Committee" ]

[ { "text": "1. Short Title \nThis Act may be cited as the Antibullying Campaign Act of 2004.", "id": "H4BA797F41E6045EDA271F2386659B3C9", "header": "Short Title", "nested": [], "links": [] }, { "text": "2. Grants for Antiharassment Programs \n(a) Grants \nThe Secretary of Education shall provide a grant to each State that submits an application in accordance with subsection (c) to enable the State to establish and carry out or continue to carry out an antiharassment program as described in subsection (b). (b) Program Described \nAn antiharassment program referred to in subsection (a) is a program that prohibits harassment in public schools and on public school grounds for any reason, including reasons based on an individual’s actual or perceived race, color, national origin, ethnicity, religion, disability, sexual orientation, gender, gender identity or expression, family composition or circumstance, or economic circumstance. (c) Application \n(1) In General \nThe Secretary may not make a grant to a State under this section unless the State submits to the Secretary an application that contains detailed information about the State’s existing or proposed antiharassment program. Such information shall include— (A) the State’s existing or proposed prohibition on harassment; (B) the State’s existing or proposed definition of harassment and any other relevant terms; and (C) a budget for the antiharassment program, including a detailed description of how amounts received under the grant will be spent. (2) Application Review and Approval \n(A) In General \nNot later than 30 days after the date of submission of the State’s application, the Secretary shall review and approve or disapprove the application. (B) Approval \nNot later than 30 days after the date on which the Secretary approves the State’s application, the Secretary shall provide a grant to the State. (C) Disapproval \nNot later than 30 days after the date on which the Secretary disapproves the State’s application, the Secretary shall inform the State in writing as to the reasons why the application was disapproved and what the State may do to correct the application and receive the Secretary’s approval. (d) Matching Funds \nThe Secretary may not make a grant to a State under this section unless the State agrees that it will contribute from non-Federal sources an amount equal to not less than 50 percent of the amount received under the grant to carry out the antiharassment program described in subsection (b).", "id": "HBBC2142577594F60931D78CD98E24386", "header": "Grants for Antiharassment Programs", "nested": [ { "text": "(a) Grants \nThe Secretary of Education shall provide a grant to each State that submits an application in accordance with subsection (c) to enable the State to establish and carry out or continue to carry out an antiharassment program as described in subsection (b).", "id": "H34BB3E67655A4531BCC8C9B57B012D41", "header": "Grants", "nested": [], "links": [] }, { "text": "(b) Program Described \nAn antiharassment program referred to in subsection (a) is a program that prohibits harassment in public schools and on public school grounds for any reason, including reasons based on an individual’s actual or perceived race, color, national origin, ethnicity, religion, disability, sexual orientation, gender, gender identity or expression, family composition or circumstance, or economic circumstance.", "id": "H58FD1B0561954149AB29FD5790EDC699", "header": "Program Described", "nested": [], "links": [] }, { "text": "(c) Application \n(1) In General \nThe Secretary may not make a grant to a State under this section unless the State submits to the Secretary an application that contains detailed information about the State’s existing or proposed antiharassment program. Such information shall include— (A) the State’s existing or proposed prohibition on harassment; (B) the State’s existing or proposed definition of harassment and any other relevant terms; and (C) a budget for the antiharassment program, including a detailed description of how amounts received under the grant will be spent. (2) Application Review and Approval \n(A) In General \nNot later than 30 days after the date of submission of the State’s application, the Secretary shall review and approve or disapprove the application. (B) Approval \nNot later than 30 days after the date on which the Secretary approves the State’s application, the Secretary shall provide a grant to the State. (C) Disapproval \nNot later than 30 days after the date on which the Secretary disapproves the State’s application, the Secretary shall inform the State in writing as to the reasons why the application was disapproved and what the State may do to correct the application and receive the Secretary’s approval.", "id": "H1C24D32216334DC2A3B4806E57505995", "header": "Application", "nested": [], "links": [] }, { "text": "(d) Matching Funds \nThe Secretary may not make a grant to a State under this section unless the State agrees that it will contribute from non-Federal sources an amount equal to not less than 50 percent of the amount received under the grant to carry out the antiharassment program described in subsection (b).", "id": "HCBDDCC07C6AE4507AEDECC2C94E5384", "header": "Matching Funds", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Study and Report \n(a) Study \nThe Secretary of Education shall conduct a study concerning harassment in public schools in the United States. The findings of the study shall include— (1) the number of students who are harassed; (2) the demographics of those students who are harassed, including— (A) the number of students who are harassed by gender; and (B) the number of students who harass others by gender; (3) the type of harassment to which students are subjected; (4) the number of States that have comprehensive campaigns to combat harassment; and (5) the amount of funds each State expends on antiharassment programs each year. (b) Report \nNot later than one year after the date of the enactment of this Act, and annually thereafter for 3 years, the Secretary shall submit to Congress a report that contains the findings and an analysis of the study.", "id": "HC950172395644D14A1D1958384264246", "header": "Study and Report", "nested": [ { "text": "(a) Study \nThe Secretary of Education shall conduct a study concerning harassment in public schools in the United States. The findings of the study shall include— (1) the number of students who are harassed; (2) the demographics of those students who are harassed, including— (A) the number of students who are harassed by gender; and (B) the number of students who harass others by gender; (3) the type of harassment to which students are subjected; (4) the number of States that have comprehensive campaigns to combat harassment; and (5) the amount of funds each State expends on antiharassment programs each year.", "id": "H3A45ADF6F9354154BEB5855049A183DA", "header": "Study", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than one year after the date of the enactment of this Act, and annually thereafter for 3 years, the Secretary shall submit to Congress a report that contains the findings and an analysis of the study.", "id": "H9CA2FFB005BB4E6F98BD1CE1C7F1C028", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Definitions \nIn this Act: (1) Harassment \nThe term harassment means the creation of a hostile environment by conduct or by verbal threats, taunting, intimidation or physical or emotional abuse. (2) School \nThe term school means an elementary school or secondary school as those terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (3) Secretary \nThe term Secretary means the Secretary of Education. (4) State \nThe term State includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, and any other territory or possession of the United States.", "id": "H0546C711457D4F1E0082CE3121C61EEF", "header": "Definitions", "nested": [], "links": [ { "text": "20 U.S.C. 7801", "legal-doc": "usc", "parsable-cite": "usc/20/7801" } ] }, { "text": "5. Authorization of Appropriations \n(a) In General \nThere are authorized to be appropriated to carry out this Act $75,000,000 for each of fiscal years 2005 through 2008. (b) Availability \nAmounts authorized to be appropriated by subsection (a) are authorized to remain available until September 30, 2008.", "id": "H7B4DAB14E68844D492ABB151A6F9F3B", "header": "Authorization of Appropriations", "nested": [ { "text": "(a) In General \nThere are authorized to be appropriated to carry out this Act $75,000,000 for each of fiscal years 2005 through 2008.", "id": "HE4C8F0A38107478D8C004CAE8431B8A8", "header": "In General", "nested": [], "links": [] }, { "text": "(b) Availability \nAmounts authorized to be appropriated by subsection (a) are authorized to remain available until September 30, 2008.", "id": "H8B853FD1227043609EC0A9C77E01DC80", "header": "Availability", "nested": [], "links": [] } ], "links": [] } ]

[ "Education and the Workforce Committee" ]

[ { "text": "1. Redesign of Half Dollar Coin to Commemorate Ronald Wilson Reagan \n(a) Short Title \nThis Act may be cited as the Ronald Wilson Reagan Half Dollar Act. (b) Redesign of Half Dollar Coin \nSection 5112(d) of title 31, United States Code, is amended by adding at the end the following new paragraph: (3) The obverse side of the half dollar shall have the likeness of Ronald Wilson Reagan..", "id": "HB02653F315D34DFFA2D84DB8F8240C9", "header": "Redesign of Half Dollar Coin to Commemorate Ronald Wilson Reagan", "nested": [ { "text": "(a) Short Title \nThis Act may be cited as the Ronald Wilson Reagan Half Dollar Act.", "id": "H1D87394D81DC4212A8E8F45D44DB2C", "header": "Short Title", "nested": [], "links": [] }, { "text": "(b) Redesign of Half Dollar Coin \nSection 5112(d) of title 31, United States Code, is amended by adding at the end the following new paragraph: (3) The obverse side of the half dollar shall have the likeness of Ronald Wilson Reagan..", "id": "HEE496BA6213040B68703CA4DD8C85655", "header": "Redesign of Half Dollar Coin", "nested": [], "links": [ { "text": "Section 5112(d)", "legal-doc": "usc", "parsable-cite": "usc/31/5112" } ] } ], "links": [ { "text": "Section 5112(d)", "legal-doc": "usc", "parsable-cite": "usc/31/5112" } ] } ]

[ "Financial Services Committee" ]

[ { "text": "1. Figure of former President Ronald Reagan on Mount Rushmore National Memorial \n(a) Authorization \nThe Secretary of the Interior, acting through the Director of the National Park Service, shall arrange for the carving of the figure of former President Ronald Reagan on Mount Rushmore National Memorial. (b) Donations \nThe Secretary of the Interior, acting through the Director of the National Park Service, shall solicit, accept, and deposit in the fund established under subsection (c) donations from non-Federal sources for carrying out this section. (c) Fund in the treasury \n(1) In general \nThere is created in the Treasury a fund which shall be available to the Secretary of the Interior, acting through the Director of the National Park Service, for carrying out this section. The fund shall consist of— (A) amounts deposited under subsection (b); (B) interest and proceeds received under paragraph (2); and (C) obligations obtained under paragraph (3). (2) Deposits and credits \nThe Secretary of the Treasury shall credit to the fund the interest on, and the proceeds from sale or redemption of, obligations held in the fund. (3) Obligations \nThe Secretary of the Treasury shall invest any portion of the fund that, as determined by the Secretary of the Interior, acting through the Director of the National Park Service, is not required to meet current expenses. Each investment shall be made in an interest bearing obligation of the United States or an obligation guaranteed as to principal and interest by the United States that, as determined by the Secretary of the Interior, acting through the Director of the National Park Service, has a maturity suitable for the fund. (4) Abolition \nUpon the final settlement of the accounts of the fund, the Secretary of the Treasury shall submit to the Congress draft legislation (including technical and conforming provisions) for the abolition of the fund. (d) Costs provided or reimbursed by non-Federal sources \nAll costs associated with carrying out this section, including the cost of carving the figure of former President Ronald Reagan on Mount Rushmore National Memorial and other administrative costs, shall be provided or reimbursed by non-Federal sources.", "id": "H1C393724B38A4515BB92D540827C95F9", "header": "Figure of former President Ronald Reagan on Mount Rushmore National Memorial", "nested": [ { "text": "(a) Authorization \nThe Secretary of the Interior, acting through the Director of the National Park Service, shall arrange for the carving of the figure of former President Ronald Reagan on Mount Rushmore National Memorial.", "id": "HAB4F88D2D1B5499700D8C27023358DBF", "header": "Authorization", "nested": [], "links": [] }, { "text": "(b) Donations \nThe Secretary of the Interior, acting through the Director of the National Park Service, shall solicit, accept, and deposit in the fund established under subsection (c) donations from non-Federal sources for carrying out this section.", "id": "H3B5358FE72A540CAA1B9358D10C6A19C", "header": "Donations", "nested": [], "links": [] }, { "text": "(c) Fund in the treasury \n(1) In general \nThere is created in the Treasury a fund which shall be available to the Secretary of the Interior, acting through the Director of the National Park Service, for carrying out this section. The fund shall consist of— (A) amounts deposited under subsection (b); (B) interest and proceeds received under paragraph (2); and (C) obligations obtained under paragraph (3). (2) Deposits and credits \nThe Secretary of the Treasury shall credit to the fund the interest on, and the proceeds from sale or redemption of, obligations held in the fund. (3) Obligations \nThe Secretary of the Treasury shall invest any portion of the fund that, as determined by the Secretary of the Interior, acting through the Director of the National Park Service, is not required to meet current expenses. Each investment shall be made in an interest bearing obligation of the United States or an obligation guaranteed as to principal and interest by the United States that, as determined by the Secretary of the Interior, acting through the Director of the National Park Service, has a maturity suitable for the fund. (4) Abolition \nUpon the final settlement of the accounts of the fund, the Secretary of the Treasury shall submit to the Congress draft legislation (including technical and conforming provisions) for the abolition of the fund.", "id": "HF5E719CC5C834139B0D795AD003DA19E", "header": "Fund in the treasury", "nested": [], "links": [] }, { "text": "(d) Costs provided or reimbursed by non-Federal sources \nAll costs associated with carrying out this section, including the cost of carving the figure of former President Ronald Reagan on Mount Rushmore National Memorial and other administrative costs, shall be provided or reimbursed by non-Federal sources.", "id": "H2C19A7973D914104B9FF919D924EF7B7", "header": "Costs provided or reimbursed by non-Federal sources", "nested": [], "links": [] } ], "links": [] } ]

[ "Natural Resources Committee" ]

[ { "text": "1. Short Title \nThis Act may be cited as the District of Columbia Voting Rights Restoration Act of 2004.", "id": "HC4E1E94819554991A7E61338E867A34B", "header": "Short Title", "nested": [], "links": [] }, { "text": "2. Findings \nThe Congress finds the following: (1) There is no reason, either historically or by virtue of law, why the people of the District of Columbia, the capital of the United States of America, should not have full voting representation in the Congress of the United States. (2) Article I, section 8, clause 17 of the Constitution of the United States, which authorized the creation of the District of Columbia, provides only that the Congress shall have exclusive legislation in all cases whatsoever over that District. (3) The same clause of the Constitution provides that Congress shall exercise like authority over other Federal territories that have been purchased from the States for Federal purposes. Residents of other Federal enclaves, though also denied voting rights after becoming subject to exclusive Federal jurisdiction, have had restored their right to vote for and serve as elected Federal officials from their respective States which ceded the Federal enclaves to the United States. (4) Congress has exercised its authority to regulate Federal elections under article I, section 4 of the Constitution to set the legal requirements that States must follow in establishing Congressional districts. Congress has also exercised this authority to require States to allow United States citizens who are former residents, and their children who are United States citizens, who are living overseas to vote in Federal elections in the previous State of residence, notwithstanding the fact that such former residents and their children may have no intention of returning or establishing residence in that State, and notwithstanding the fact that such citizens are not subject to the laws of that State, including tax laws. (5) The entire territory of the current District of Columbia was ceded to the United States by the State of Maryland, one of the original 13 States of the United States. The portion of the original District of Columbia ceded to the United States by the Commonwealth of Virginia was returned to the authority of that state in 1846, and the people who now reside in that area vote as citizens of the Commonwealth of Virginia. (6) The Supreme Court of the United States has found that the cession of legislative authority over the territory that became the District of Columbia by the States of Maryland and Virginia did not remove that territory from the United States, and that the people who live in that territory are entitled to all the rights, guarantees, and immunities of the Constitution that they formerly enjoyed as citizens of those States. O’Donoghue v. United States, 289 U.S. 516 (1933); Downes v. Bidwell, 182 U.S. 244 (1901). Among those guarantees are the right to equal protection of the laws and the right to participate, equally with other Americans, in a Republican form of government. (7) Since the people who lived in the territory that now makes up the District of Columbia once voted in Maryland as citizens of Maryland, and Congress by adoption of the Organic Act of 1801 severed the political connection between Maryland and the District of Columbia by statute, Congress has the power by statute to restore Maryland state citizenship rights, including Federal electoral rights, that it took away by enacting the Organic Act of 1801.", "id": "HD7821A2FF34945C5008EDBD74445B7C1", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Restoration of Right of District of Columbia Residents to Participate as Maryland Residents in Congressional Elections \n(a) In General \nNotwithstanding any other provision of law, for purposes of representation in the House of Representatives and Senate, the right of the people of the District of Columbia to be eligible to participate in elections for the House of Representatives and Senate as Maryland residents in accordance with the laws of the State of Maryland, is hereby restored. (b) Eligibility to Hold Congressional Office \nNotwithstanding any other provision of law, for purposes of determining eligibility to serve as a Member of the House of Representatives or Senate, the right of the residents of the District of Columbia to be considered inhabitants of the State of Maryland is hereby restored. (c) Effective Date \nThis section shall apply with respect to elections for Federal office occurring during 2006 and any succeeding year.", "id": "HE9079E63E709417AA8AD28759950D0F7", "header": "Restoration of Right of District of Columbia Residents to Participate as Maryland Residents in Congressional Elections", "nested": [ { "text": "(a) In General \nNotwithstanding any other provision of law, for purposes of representation in the House of Representatives and Senate, the right of the people of the District of Columbia to be eligible to participate in elections for the House of Representatives and Senate as Maryland residents in accordance with the laws of the State of Maryland, is hereby restored.", "id": "H76C4F8BAD8E84B70857B02336BD208B5", "header": "In General", "nested": [], "links": [] }, { "text": "(b) Eligibility to Hold Congressional Office \nNotwithstanding any other provision of law, for purposes of determining eligibility to serve as a Member of the House of Representatives or Senate, the right of the residents of the District of Columbia to be considered inhabitants of the State of Maryland is hereby restored.", "id": "H9D5F5779C52948B49DC0D580053F72B6", "header": "Eligibility to Hold Congressional Office", "nested": [], "links": [] }, { "text": "(c) Effective Date \nThis section shall apply with respect to elections for Federal office occurring during 2006 and any succeeding year.", "id": "H7E888CA399794F22006DEF6919FFDA8D", "header": "Effective Date", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Restoration of Right of District of Columbia Residents to Participate as Maryland Residents in Presidential Elections \n(a) In General \nNotwithstanding any other provision of law, the right of the people of the District of Columbia to be eligible to participate in elections for electors of President and Vice President, and to serve as such electors as Maryland residents in accordance with the laws of the State of Maryland, is hereby restored. (b) Eligibility to Serve as Electors \nNotwithstanding any other provision of law, for purposes of determining eligibility to serve as electors of President and Vice President, the right of the residents of the District of Columbia to be considered inhabitants of the State of Maryland is hereby restored. (c) Termination of Appointment of Separate Electors by District of Columbia \nIn accordance with the authority under sections 1 and 2 of the 23rd amendment to the Constitution and the authority under article I, Section 8, to legislate for the District of Columbia, and notwithstanding any other provision of law, Congress directs that no electors of President and Vice President shall be appointed by the District of Columbia and that no votes from such electors shall be cast or counted in the electoral vote for President and Vice President. (d) Conforming Amendment \n(1) In general \nChapter 1 of title 3, United States Code, is amended by striking section 21. (2) Clerical amendment \nThe table of sections for chapter 1 of title 3, United States Code, is amended by striking the item relating to section 21. (e) Effective Date \nThis section and the amendments made by this section shall apply with respect to Presidential elections beginning with the 2008 Presidential election.", "id": "H1427FD39119D406A9CF5E5628719EC1", "header": "Restoration of Right of District of Columbia Residents to Participate as Maryland Residents in Presidential Elections", "nested": [ { "text": "(a) In General \nNotwithstanding any other provision of law, the right of the people of the District of Columbia to be eligible to participate in elections for electors of President and Vice President, and to serve as such electors as Maryland residents in accordance with the laws of the State of Maryland, is hereby restored.", "id": "H19E5C66427394BDA839B7CD8A53C2B5C", "header": "In General", "nested": [], "links": [] }, { "text": "(b) Eligibility to Serve as Electors \nNotwithstanding any other provision of law, for purposes of determining eligibility to serve as electors of President and Vice President, the right of the residents of the District of Columbia to be considered inhabitants of the State of Maryland is hereby restored.", "id": "H468FF4C096AD4251A3CF477FF9295711", "header": "Eligibility to Serve as Electors", "nested": [], "links": [] }, { "text": "(c) Termination of Appointment of Separate Electors by District of Columbia \nIn accordance with the authority under sections 1 and 2 of the 23rd amendment to the Constitution and the authority under article I, Section 8, to legislate for the District of Columbia, and notwithstanding any other provision of law, Congress directs that no electors of President and Vice President shall be appointed by the District of Columbia and that no votes from such electors shall be cast or counted in the electoral vote for President and Vice President.", "id": "HC0CE281190854A94806CEFD7C9E5D09E", "header": "Termination of Appointment of Separate Electors by District of Columbia", "nested": [], "links": [] }, { "text": "(d) Conforming Amendment \n(1) In general \nChapter 1 of title 3, United States Code, is amended by striking section 21. (2) Clerical amendment \nThe table of sections for chapter 1 of title 3, United States Code, is amended by striking the item relating to section 21.", "id": "H8B07170836B4423B910417C8A211EF73", "header": "Conforming Amendment", "nested": [], "links": [ { "text": "Chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/3/1" }, { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/3/1" } ] }, { "text": "(e) Effective Date \nThis section and the amendments made by this section shall apply with respect to Presidential elections beginning with the 2008 Presidential election.", "id": "H7C31897B921A4B68972EBCBF791B1C20", "header": "Effective Date", "nested": [], "links": [] } ], "links": [ { "text": "Chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/3/1" }, { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/3/1" } ] }, { "text": "5. Coordination of Election Administration \n(a) Application of Maryland Election Laws \n(1) In general \nFederal elections in the District of Columbia shall be administered and carried out by the State of Maryland, in accordance with the applicable laws of the State of Maryland. (2) Treatment of District as unit of local government \nFor purposes of the laws of the State of Maryland which apply to Federal elections in the District of Columbia pursuant to paragraph (1), the District of Columbia shall be considered to be a unit of local government within the State of Maryland with responsibility for the administration of Federal elections. (b) Conforming Amendments to Help America Vote Act of 2002 \n(1) Treatment of District of Columbia as part of Maryland \nSection 901 of the Help America Vote Act of 2002 ( 42 U.S.C. 15541 ) is amended— (A) by striking the District of Columbia ; (B) by striking In this Act and inserting (a) In General.— In this Act ; and (C) by adding at the end the following new subsection: (b) Special Rule For State of Maryland and District of Columbia \nFor purposes of this Act, the following shall apply: (1) The voting age population of the State of Maryland shall be considered to include the voting age population of the District of Columbia for purposes of sections 101(d)(4) and 252(b). (2) The District of Columbia shall be considered a unit of local government or jurisdiction located within the State of Maryland. (3) An election for Federal office taking place in the District of Columbia shall be considered to take place in the State of Maryland.. (c) Conforming Amendments to Other Federal Election Laws \n(1) Uniformed and Overseas Citizens Absentee Voting Act \n(A) In general \nTitle I of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff et seq. ) is amended by adding at the end the following new section: 108. Special Rule for State of Maryland and District of Columbia \nFor purposes of this title, the following shall apply: (1) An absent uniformed services voter or overseas voter who is a resident of the District of Columbia shall be considered to be a resident of the State of Maryland. (2) An election for Federal office taking place in the District of Columbia shall be considered to take place in the State of Maryland. (3) The State of Maryland, and the election officials of the State of Maryland, shall be responsible for carrying out the provisions of this title with respect to voters who are residents of the District of Columbia.. (B) Conforming amendment \nSection 107(6) of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–6 ) is amended by striking the District of Columbia,. (2) National Voter Registration Act of 1973 \n(A) In general \nThe National Voter Registration Act of 1973 ( 42 U.S.C. 1973gg et seq. ) is amended— (i) by redesignating section 13 as section 14; and (ii) by adding at the end the following new section: 12. Special Rule For State of Maryland and District of Columbia \nFor purposes of this Act, the following shall apply: (1) The District of Columbia shall be considered a registrar’s jurisdiction within the State of Maryland. (2) An election for Federal office taking place in the District of Columbia shall be considered to take place in the State of Maryland. (3) The State of Maryland, and the election officials of the State of Maryland, shall be responsible for carrying out this Act with respect to the District of Columbia, except that— (A) section 5 shall apply to motor vehicle driver’s license applications and the motor vehicle authority of the District of Columbia in the same manner as that section applies to a State, and the State of Maryland shall provide the District of Columbia with such forms and other materials as the District of Columbia may require to carry out that section; and (B) the District of Columbia shall designate voter registration agencies under section 7 in the same manner as a State, and the State of Maryland shall provide the District of Columbia with such forms and other materials as the District of Columbia may require to carry out that section.. (B) Conforming amendment \nSection 3(4) of such Act (42 U.S.C. gg–1(4)) is amended by striking and the District of Columbia. (3) Voting Accessibility for the Elderly and Handicapped Act \n(A) In general \nThe Voting Accessibility for the Elderly and Handicapped Act ( 42 U.S.C. 1973ee et seq. ) is amended— (i) by redesignating section 8 as section 9; and (ii) by inserting after section 7 the following new section: 8. special rule for state of maryland and district of columbia \nFor purposes of this Act, the following shall apply: (1) The District of Columbia shall be considered a political subdivision of the State of Maryland. (2) An election for Federal office taking place in the District of Columbia shall be considered to take place in the State of Maryland. (3) The State of Maryland shall be responsible for carrying out this Act with respect to the District of Columbia.. (B) Conforming amendment \nSection 8(5) of such Act ( 42 U.S.C. 1973ee–6(5) ) is amended by striking the District of Columbia,. (d) Conforming Amendment to Home Rule Act \nSection 752 of the District of Columbia Home Rule Act (sec. 1–207.52, D.C. Official Code) is amended by striking the period at the end and inserting the following: , except to the extent required under section 5 of the District of Columbia Voting Rights Restoration Act of 2004.. (e) Other Conforming Amendment to District of Columbia Election Law \nThe District of Columbia Elections Code of 1955 is amended by adding at the end the following new section: 18. Applicability of Maryland Election Law For Administration of Federal Elections \nNotwithstanding any other provision of this Code or other law or regulation of the District of Columbia— (1) any election for Federal office in the District of Columbia shall be administered and carried out by the State of Maryland, in accordance with the applicable law of the State of Maryland; and (2) no provision of this Code shall apply with respect to any election for Federal office to the extent that the provision is inconsistent with the applicable law of the State of Maryland.. (f) Effective Date \nThis section and the amendments made by this section shall apply with respect to elections for Federal office occurring during 2006 and any succeeding year.", "id": "H2B7C4AB72A27470E8C770045786774D4", "header": "Coordination of Election Administration", "nested": [ { "text": "(a) Application of Maryland Election Laws \n(1) In general \nFederal elections in the District of Columbia shall be administered and carried out by the State of Maryland, in accordance with the applicable laws of the State of Maryland. (2) Treatment of District as unit of local government \nFor purposes of the laws of the State of Maryland which apply to Federal elections in the District of Columbia pursuant to paragraph (1), the District of Columbia shall be considered to be a unit of local government within the State of Maryland with responsibility for the administration of Federal elections.", "id": "HABE42188AE2844CC99B228DA33D7BB5", "header": "Application of Maryland Election Laws", "nested": [], "links": [] }, { "text": "(b) Conforming Amendments to Help America Vote Act of 2002 \n(1) Treatment of District of Columbia as part of Maryland \nSection 901 of the Help America Vote Act of 2002 ( 42 U.S.C. 15541 ) is amended— (A) by striking the District of Columbia ; (B) by striking In this Act and inserting (a) In General.— In this Act ; and (C) by adding at the end the following new subsection: (b) Special Rule For State of Maryland and District of Columbia \nFor purposes of this Act, the following shall apply: (1) The voting age population of the State of Maryland shall be considered to include the voting age population of the District of Columbia for purposes of sections 101(d)(4) and 252(b). (2) The District of Columbia shall be considered a unit of local government or jurisdiction located within the State of Maryland. (3) An election for Federal office taking place in the District of Columbia shall be considered to take place in the State of Maryland..", "id": "H2963BA96006D4133BF31DDDAC0C78031", "header": "Conforming Amendments to Help America Vote Act of 2002", "nested": [], "links": [ { "text": "42 U.S.C. 15541", "legal-doc": "usc", "parsable-cite": "usc/42/15541" } ] }, { "text": "(c) Conforming Amendments to Other Federal Election Laws \n(1) Uniformed and Overseas Citizens Absentee Voting Act \n(A) In general \nTitle I of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff et seq. ) is amended by adding at the end the following new section: 108. Special Rule for State of Maryland and District of Columbia \nFor purposes of this title, the following shall apply: (1) An absent uniformed services voter or overseas voter who is a resident of the District of Columbia shall be considered to be a resident of the State of Maryland. (2) An election for Federal office taking place in the District of Columbia shall be considered to take place in the State of Maryland. (3) The State of Maryland, and the election officials of the State of Maryland, shall be responsible for carrying out the provisions of this title with respect to voters who are residents of the District of Columbia.. (B) Conforming amendment \nSection 107(6) of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–6 ) is amended by striking the District of Columbia,. (2) National Voter Registration Act of 1973 \n(A) In general \nThe National Voter Registration Act of 1973 ( 42 U.S.C. 1973gg et seq. ) is amended— (i) by redesignating section 13 as section 14; and (ii) by adding at the end the following new section: 12. Special Rule For State of Maryland and District of Columbia \nFor purposes of this Act, the following shall apply: (1) The District of Columbia shall be considered a registrar’s jurisdiction within the State of Maryland. (2) An election for Federal office taking place in the District of Columbia shall be considered to take place in the State of Maryland. (3) The State of Maryland, and the election officials of the State of Maryland, shall be responsible for carrying out this Act with respect to the District of Columbia, except that— (A) section 5 shall apply to motor vehicle driver’s license applications and the motor vehicle authority of the District of Columbia in the same manner as that section applies to a State, and the State of Maryland shall provide the District of Columbia with such forms and other materials as the District of Columbia may require to carry out that section; and (B) the District of Columbia shall designate voter registration agencies under section 7 in the same manner as a State, and the State of Maryland shall provide the District of Columbia with such forms and other materials as the District of Columbia may require to carry out that section.. (B) Conforming amendment \nSection 3(4) of such Act (42 U.S.C. gg–1(4)) is amended by striking and the District of Columbia. (3) Voting Accessibility for the Elderly and Handicapped Act \n(A) In general \nThe Voting Accessibility for the Elderly and Handicapped Act ( 42 U.S.C. 1973ee et seq. ) is amended— (i) by redesignating section 8 as section 9; and (ii) by inserting after section 7 the following new section: 8. special rule for state of maryland and district of columbia \nFor purposes of this Act, the following shall apply: (1) The District of Columbia shall be considered a political subdivision of the State of Maryland. (2) An election for Federal office taking place in the District of Columbia shall be considered to take place in the State of Maryland. (3) The State of Maryland shall be responsible for carrying out this Act with respect to the District of Columbia.. (B) Conforming amendment \nSection 8(5) of such Act ( 42 U.S.C. 1973ee–6(5) ) is amended by striking the District of Columbia,.", "id": "HA1636C2DAFEF499B8282491C99C7D421", "header": "Conforming Amendments to Other Federal Election Laws", "nested": [], "links": [ { "text": "42 U.S.C. 1973ff et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1973ff" }, { "text": "42 U.S.C. 1973ff–6", "legal-doc": "usc", "parsable-cite": "usc/42/1973ff-6" }, { "text": "42 U.S.C. 1973gg et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1973gg" }, { "text": "42 U.S.C. 1973ee et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1973ee" }, { "text": "42 U.S.C. 1973ee–6(5)", "legal-doc": "usc", "parsable-cite": "usc/42/1973ee-6" } ] }, { "text": "(d) Conforming Amendment to Home Rule Act \nSection 752 of the District of Columbia Home Rule Act (sec. 1–207.52, D.C. Official Code) is amended by striking the period at the end and inserting the following: , except to the extent required under section 5 of the District of Columbia Voting Rights Restoration Act of 2004..", "id": "H23391FC2DDD84C97806F2CF21834F80", "header": "Conforming Amendment to Home Rule Act", "nested": [], "links": [] }, { "text": "(e) Other Conforming Amendment to District of Columbia Election Law \nThe District of Columbia Elections Code of 1955 is amended by adding at the end the following new section: 18. Applicability of Maryland Election Law For Administration of Federal Elections \nNotwithstanding any other provision of this Code or other law or regulation of the District of Columbia— (1) any election for Federal office in the District of Columbia shall be administered and carried out by the State of Maryland, in accordance with the applicable law of the State of Maryland; and (2) no provision of this Code shall apply with respect to any election for Federal office to the extent that the provision is inconsistent with the applicable law of the State of Maryland..", "id": "HF387B4E2FC7B442894E2DCD38BF7DD76", "header": "Other Conforming Amendment to District of Columbia Election Law", "nested": [], "links": [] }, { "text": "(f) Effective Date \nThis section and the amendments made by this section shall apply with respect to elections for Federal office occurring during 2006 and any succeeding year.", "id": "H53CF5EB12B324CB4B100E4C0807B2085", "header": "Effective Date", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 15541", "legal-doc": "usc", "parsable-cite": "usc/42/15541" }, { "text": "42 U.S.C. 1973ff et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1973ff" }, { "text": "42 U.S.C. 1973ff–6", "legal-doc": "usc", "parsable-cite": "usc/42/1973ff-6" }, { "text": "42 U.S.C. 1973gg et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1973gg" }, { "text": "42 U.S.C. 1973ee et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1973ee" }, { "text": "42 U.S.C. 1973ee–6(5)", "legal-doc": "usc", "parsable-cite": "usc/42/1973ee-6" } ] }, { "text": "108. Special Rule for State of Maryland and District of Columbia \nFor purposes of this title, the following shall apply: (1) An absent uniformed services voter or overseas voter who is a resident of the District of Columbia shall be considered to be a resident of the State of Maryland. (2) An election for Federal office taking place in the District of Columbia shall be considered to take place in the State of Maryland. (3) The State of Maryland, and the election officials of the State of Maryland, shall be responsible for carrying out the provisions of this title with respect to voters who are residents of the District of Columbia.", "id": "HB3657AC6D1384012832B9789DC893677", "header": "Special Rule for State of Maryland and District of Columbia", "nested": [], "links": [] }, { "text": "12. Special Rule For State of Maryland and District of Columbia \nFor purposes of this Act, the following shall apply: (1) The District of Columbia shall be considered a registrar’s jurisdiction within the State of Maryland. (2) An election for Federal office taking place in the District of Columbia shall be considered to take place in the State of Maryland. (3) The State of Maryland, and the election officials of the State of Maryland, shall be responsible for carrying out this Act with respect to the District of Columbia, except that— (A) section 5 shall apply to motor vehicle driver’s license applications and the motor vehicle authority of the District of Columbia in the same manner as that section applies to a State, and the State of Maryland shall provide the District of Columbia with such forms and other materials as the District of Columbia may require to carry out that section; and (B) the District of Columbia shall designate voter registration agencies under section 7 in the same manner as a State, and the State of Maryland shall provide the District of Columbia with such forms and other materials as the District of Columbia may require to carry out that section.", "id": "HDEF820EF6262474300EB0016252C4BBB", "header": "Special Rule For State of Maryland and District of Columbia", "nested": [], "links": [] }, { "text": "8. special rule for state of maryland and district of columbia \nFor purposes of this Act, the following shall apply: (1) The District of Columbia shall be considered a political subdivision of the State of Maryland. (2) An election for Federal office taking place in the District of Columbia shall be considered to take place in the State of Maryland. (3) The State of Maryland shall be responsible for carrying out this Act with respect to the District of Columbia.", "id": "H05DA19D2200F4090BBE1676239E005D", "header": "special rule for state of maryland and district of columbia", "nested": [], "links": [] }, { "text": "18. Applicability of Maryland Election Law For Administration of Federal Elections \nNotwithstanding any other provision of this Code or other law or regulation of the District of Columbia— (1) any election for Federal office in the District of Columbia shall be administered and carried out by the State of Maryland, in accordance with the applicable law of the State of Maryland; and (2) no provision of this Code shall apply with respect to any election for Federal office to the extent that the provision is inconsistent with the applicable law of the State of Maryland.", "id": "HE41EA64F8EF2426DB26D61D390E59AB", "header": "Applicability of Maryland Election Law For Administration of Federal Elections", "nested": [], "links": [] }, { "text": "6. Transition Provisions for House of Representatives \n(a) Number and Apportionment of Maryland Members \nFor purposes of determining the number and apportionment of the members of the House of Representatives from the State of Maryland for the One Hundred Tenth Congress and each succeeding Congress, the population of the District of Columbia shall be added to the population of Maryland under the decennial census. (b) Temporary Increase in Apportionment \n(1) In general \nEffective January 3, 2007, and until the taking effect of the first reapportionment occurring after the regular decennial census conducted for 2010— (A) the membership of the House of Representatives shall be increased by 2; (B) the State of Maryland, together with the State identified by the Clerk of the House of Representatives in the report submitted under paragraph (2), shall each be entitled to one additional Representative; and (C) each such Representative shall be in addition to the membership of the House of Representatives as now prescribed by law. (2) Transmittal of revised apportionment information by President and Clerk \n(A) Statement of apportionment by President \nNot later than December 1, 2004, the President shall transmit to Congress a revised version of the most recent statement of apportionment submitted under section 22(a) of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress , approved June 28, 1929 ( 2 U.S.C. 2a(a) ), to take into account the provisions of this section. (B) Report by Clerk \nNot later than 15 calendar days after receiving the revised version of the statement of apportionment under subparagraph (A), the Clerk of the House of Representatives, in accordance with section 22(b) of such Act ( 2 U.S.C. 2a(b) ), shall send to the executive of the State (other than the State of Maryland) entitled to one additional Representative pursuant to this section a certificate of the number of Representatives to which such State is entitled under section 22 of such Act, and shall submit a report identifying that State to the Speaker of the House of Representatives. (3) Increase not counted against total number of members \nThe temporary increase in the membership of the House of Representatives provided under paragraph (1) shall not operate to either increase or decrease the permanent membership of the House of Representatives as prescribed in the Act of August 8, 1911 ( 2 U.S.C. 2 ), nor shall such temporary increase affect the basis of reapportionment established by the Act of June 28, 1929, as amended ( 2 U.S.C. 2a ), for the Eighty Second Congress and each Congress thereafter. (c) Prohibiting Division of District of Columbia Into Separate Congressional Districts \n(1) In general \nNotwithstanding subsection (a), in establishing Congressional districts after the effective date of this section, the State of Maryland shall ensure that the entire area of the District of Columbia is included in the same Congressional district (except as provided in paragraph (2)). (2) Special rule if population of district equals or exceeds average population of Maryland congressional districts \nIf the population of the District of Columbia equals or exceeds the average population of a Congressional district in the State of Maryland under the decennial census used for the apportionment of the Members of the House of Representatives from the State of Maryland, the State of Maryland shall ensure that at least one Congressional district in the State consists exclusively of territory within the District of Columbia. (3) Special rule for initial district \nUntil the State of Maryland establishes Congressional districts to take into account the enactment of this section, the Congressional district of the additional Representative to which the State is entitled under this section shall consist exclusively of the area of the District of Columbia.", "id": "H74E5FC68F4B94A679178E172C5094050", "header": "Transition Provisions for House of Representatives", "nested": [ { "text": "(a) Number and Apportionment of Maryland Members \nFor purposes of determining the number and apportionment of the members of the House of Representatives from the State of Maryland for the One Hundred Tenth Congress and each succeeding Congress, the population of the District of Columbia shall be added to the population of Maryland under the decennial census.", "id": "HCE9B525462E2402A9C18B49B3215FE49", "header": "Number and Apportionment of Maryland Members", "nested": [], "links": [] }, { "text": "(b) Temporary Increase in Apportionment \n(1) In general \nEffective January 3, 2007, and until the taking effect of the first reapportionment occurring after the regular decennial census conducted for 2010— (A) the membership of the House of Representatives shall be increased by 2; (B) the State of Maryland, together with the State identified by the Clerk of the House of Representatives in the report submitted under paragraph (2), shall each be entitled to one additional Representative; and (C) each such Representative shall be in addition to the membership of the House of Representatives as now prescribed by law. (2) Transmittal of revised apportionment information by President and Clerk \n(A) Statement of apportionment by President \nNot later than December 1, 2004, the President shall transmit to Congress a revised version of the most recent statement of apportionment submitted under section 22(a) of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress , approved June 28, 1929 ( 2 U.S.C. 2a(a) ), to take into account the provisions of this section. (B) Report by Clerk \nNot later than 15 calendar days after receiving the revised version of the statement of apportionment under subparagraph (A), the Clerk of the House of Representatives, in accordance with section 22(b) of such Act ( 2 U.S.C. 2a(b) ), shall send to the executive of the State (other than the State of Maryland) entitled to one additional Representative pursuant to this section a certificate of the number of Representatives to which such State is entitled under section 22 of such Act, and shall submit a report identifying that State to the Speaker of the House of Representatives. (3) Increase not counted against total number of members \nThe temporary increase in the membership of the House of Representatives provided under paragraph (1) shall not operate to either increase or decrease the permanent membership of the House of Representatives as prescribed in the Act of August 8, 1911 ( 2 U.S.C. 2 ), nor shall such temporary increase affect the basis of reapportionment established by the Act of June 28, 1929, as amended ( 2 U.S.C. 2a ), for the Eighty Second Congress and each Congress thereafter.", "id": "H27CD0D80454F48CE9E92408BDFB76037", "header": "Temporary Increase in Apportionment", "nested": [], "links": [ { "text": "2 U.S.C. 2a(a)", "legal-doc": "usc", "parsable-cite": "usc/2/2a" }, { "text": "2 U.S.C. 2a(b)", "legal-doc": "usc", "parsable-cite": "usc/2/2a" }, { "text": "2 U.S.C. 2", "legal-doc": "usc", "parsable-cite": "usc/2/2" }, { "text": "2 U.S.C. 2a", "legal-doc": "usc", "parsable-cite": "usc/2/2a" } ] }, { "text": "(c) Prohibiting Division of District of Columbia Into Separate Congressional Districts \n(1) In general \nNotwithstanding subsection (a), in establishing Congressional districts after the effective date of this section, the State of Maryland shall ensure that the entire area of the District of Columbia is included in the same Congressional district (except as provided in paragraph (2)). (2) Special rule if population of district equals or exceeds average population of Maryland congressional districts \nIf the population of the District of Columbia equals or exceeds the average population of a Congressional district in the State of Maryland under the decennial census used for the apportionment of the Members of the House of Representatives from the State of Maryland, the State of Maryland shall ensure that at least one Congressional district in the State consists exclusively of territory within the District of Columbia. (3) Special rule for initial district \nUntil the State of Maryland establishes Congressional districts to take into account the enactment of this section, the Congressional district of the additional Representative to which the State is entitled under this section shall consist exclusively of the area of the District of Columbia.", "id": "H8F8C1994C5ED4CF5911797741D6666AA", "header": "Prohibiting Division of District of Columbia Into Separate Congressional Districts", "nested": [], "links": [] } ], "links": [ { "text": "2 U.S.C. 2a(a)", "legal-doc": "usc", "parsable-cite": "usc/2/2a" }, { "text": "2 U.S.C. 2a(b)", "legal-doc": "usc", "parsable-cite": "usc/2/2a" }, { "text": "2 U.S.C. 2", "legal-doc": "usc", "parsable-cite": "usc/2/2" }, { "text": "2 U.S.C. 2a", "legal-doc": "usc", "parsable-cite": "usc/2/2a" } ] }, { "text": "7. Repeal of Office of District of Columbia Delegate \n(a) In general \nSections 202 and 204 of the District of Columbia Delegate Act ( Public Law 91–405 ; sections 1–401 and 1–402, D.C. Official Code) are repealed, and the provisions of law amended or repealed by such sections are restored or revived as if such sections had not been enacted. (b) Conforming amendments to district of columbia elections code of 1955 \nThe District of Columbia Elections Code of 1955 is amended— (1) in section 1 (sec. 1–1001.01, D.C. Official Code), by striking the Delegate to the House of Representatives ; (2) in section 2 (sec. 1–1001.02, D.C. Official Code)— (A) by striking paragraph (6), and (B) in paragraph (13), by striking the Delegate to Congress for the District of Columbia ; (3) in section 8 (sec. 1–1001.08, D.C. Official Code)— (A) by striking Delegate in the heading, and (B) by striking Delegate, each place it appears in subsections (h)(1)(A), (i)(1), and (j)(1); (4) in section 10 (sec. 1–1001.10, D.C. Official Code)— (A) by striking subparagraph (A) of subsection (a)(3), and (B) in subsection (d)— (i) by striking Delegate, each place it appears in paragraph (1), and (ii) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); (5) in section 15(b) (sec. 1–1001.15(b), D.C. Official Code), by striking Delegate, ; and (6) in section 17(a) (sec. 1–1001.17(a), D.C. Official Code), by striking except the Delegate to the Congress from the District of Columbia. (c) Effective Date \nThe amendments made by this section shall apply with respect to elections occurring during 2006 and any succeeding year.", "id": "H247530F49835407A83E0A599C1B328BC", "header": "Repeal of Office of District of Columbia Delegate", "nested": [ { "text": "(a) In general \nSections 202 and 204 of the District of Columbia Delegate Act ( Public Law 91–405 ; sections 1–401 and 1–402, D.C. Official Code) are repealed, and the provisions of law amended or repealed by such sections are restored or revived as if such sections had not been enacted.", "id": "H84EFEDA801D94FC197AD261887BD1F", "header": "In general", "nested": [], "links": [ { "text": "Public Law 91–405", "legal-doc": "public-law", "parsable-cite": "pl/91/405" } ] }, { "text": "(b) Conforming amendments to district of columbia elections code of 1955 \nThe District of Columbia Elections Code of 1955 is amended— (1) in section 1 (sec. 1–1001.01, D.C. Official Code), by striking the Delegate to the House of Representatives ; (2) in section 2 (sec. 1–1001.02, D.C. Official Code)— (A) by striking paragraph (6), and (B) in paragraph (13), by striking the Delegate to Congress for the District of Columbia ; (3) in section 8 (sec. 1–1001.08, D.C. Official Code)— (A) by striking Delegate in the heading, and (B) by striking Delegate, each place it appears in subsections (h)(1)(A), (i)(1), and (j)(1); (4) in section 10 (sec. 1–1001.10, D.C. Official Code)— (A) by striking subparagraph (A) of subsection (a)(3), and (B) in subsection (d)— (i) by striking Delegate, each place it appears in paragraph (1), and (ii) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); (5) in section 15(b) (sec. 1–1001.15(b), D.C. Official Code), by striking Delegate, ; and (6) in section 17(a) (sec. 1–1001.17(a), D.C. Official Code), by striking except the Delegate to the Congress from the District of Columbia.", "id": "HC2415A96422A4290003156C6C5306E86", "header": "Conforming amendments to district of columbia elections code of 1955", "nested": [], "links": [] }, { "text": "(c) Effective Date \nThe amendments made by this section shall apply with respect to elections occurring during 2006 and any succeeding year.", "id": "H4D4BF52D07604750BC58394736111F7C", "header": "Effective Date", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 91–405", "legal-doc": "public-law", "parsable-cite": "pl/91/405" } ] }, { "text": "8. Repeal of Offices of Statehood Representative and Senator \n(a) In General \nSection 4 of the District of Columbia Statehood Constitutional Convention Initiative of 1979 (sec. 1–123, D.C. Official Code) is amended by striking subsections (d) through (h). (b) Conforming Amendments \n(1) Statehood commission \nSection 6 of such Initiative (sec. 1–125, D.C. Official Code) is amended— (A) in subsection (a)— (i) by striking 27 voting members and inserting 24 voting members , (ii) by adding and at the end of paragraph (4); and (iii) by striking paragraphs (5) and (6) and redesignating paragraph (7) as paragraph (5); and (B) in subsection (a–1)(1), by striking subparagraphs (F), (G), and (H). (2) Authorization of appropriations \nSection 8 of such Initiative (sec. 1–127, D.C. Official Code) is hereby repealed. (3) Application of honoraria limitations \nSection 4 of D.C. Law 8–135 (sec. 1–131, D.C. Official Code) is hereby repealed. (4) Application of campaign finance laws \nSection 3 of the Statehood Convention Procedural Amendments Act of 1982 (sec. 1–135, D.C. Official Code) is hereby repealed. (5) List of elected officials \nSection 2(13) of the District of Columbia Elections Code of 1955 (sec. 1–1001.02(13), D.C. Official Code) is amended by striking United States Senator and Representative,.", "id": "H662D3E63A6014124A37BCD27D5EB9017", "header": "Repeal of Offices of Statehood Representative and Senator", "nested": [ { "text": "(a) In General \nSection 4 of the District of Columbia Statehood Constitutional Convention Initiative of 1979 (sec. 1–123, D.C. Official Code) is amended by striking subsections (d) through (h).", "id": "HB922D07F449A42149EB4CB109D3094A7", "header": "In General", "nested": [], "links": [] }, { "text": "(b) Conforming Amendments \n(1) Statehood commission \nSection 6 of such Initiative (sec. 1–125, D.C. Official Code) is amended— (A) in subsection (a)— (i) by striking 27 voting members and inserting 24 voting members , (ii) by adding and at the end of paragraph (4); and (iii) by striking paragraphs (5) and (6) and redesignating paragraph (7) as paragraph (5); and (B) in subsection (a–1)(1), by striking subparagraphs (F), (G), and (H). (2) Authorization of appropriations \nSection 8 of such Initiative (sec. 1–127, D.C. Official Code) is hereby repealed. (3) Application of honoraria limitations \nSection 4 of D.C. Law 8–135 (sec. 1–131, D.C. Official Code) is hereby repealed. (4) Application of campaign finance laws \nSection 3 of the Statehood Convention Procedural Amendments Act of 1982 (sec. 1–135, D.C. Official Code) is hereby repealed. (5) List of elected officials \nSection 2(13) of the District of Columbia Elections Code of 1955 (sec. 1–1001.02(13), D.C. Official Code) is amended by striking United States Senator and Representative,.", "id": "H8781311BC5254166BD5D39E2FB0021A4", "header": "Conforming Amendments", "nested": [], "links": [] } ], "links": [] }, { "text": "9. Nonseverability of Certain Provisions \nIf any provision of sections 3, 6(a), or 6(b) of this Act, or the application thereof to any person or circumstance, is held invalid, the remaining provisions of this Act or any amendment made by this Act shall be treated as invalid.", "id": "H71C0720168F243FCBFE100D35D2E07B5", "header": "Nonseverability of Certain Provisions", "nested": [], "links": [] }, { "text": "10. Rules of Construction \nNothing in this Act may be construed— (1) to permit residents of the District of Columbia to vote in elections for State or local office in the State of Maryland or to permit nonresidents of the District of Columbia to vote in elections for local office in the District of Columbia; (2) to affect the power of Congress under article I, section 8, clause 17 of the Constitution to exercise exclusive legislative authority over the District of Columbia; or (3) to affect the powers of the Government of the District of Columbia under the District of Columbia Home Rule Act (except as specifically provided in this Act).", "id": "H2CE4A4172B4C4DA59B78942E1C002FA6", "header": "Rules of Construction", "nested": [], "links": [] } ]

[ "Oversight and Accountability Committee", "Judiciary Committee", "Committee on House Administration" ]

[ { "text": "1. Short title \nThis Act may be cited as the Fair Credit Card Interest Rate Act.", "id": "H2813C5F1EE5A479596ADCBC500F25425", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Credit card interest rate ceiling \n(a) In general \nChapter 1 of the Truth in Lending Act ( 15 U.S.C. 1601 et seq. ) is amended by inserting after section 109 the following new section: 110. Limitations on credit card interest rates \n(a) In general \nDuring any calendar quarter, no creditor may impose a finance charge under any open end consumer credit plan involving a credit card which results in an annual percentage rate greater than 10 percentage points over the most recent composite prime rate published in the Wall Street Journal before the beginning of the 10-business-day period ending on the first day of such calendar quarter. (b) Regulations by board \nThe Board may prescribe such regulations as the Board may, in the discretion of the Board, determine to be appropriate to implement and carry out the requirements of subsection (a), including the determination and publication of the applicable maximum annual percentage rate under such subsection for any calendar quarter.. (b) Clerical amendment \nThe table of sections for chapter 1 of the Truth in Lending Act is amended by inserting after the item relating to section 109 the following new item: 110. Limitation on credit card interest rates. (c) Effective date \nThe amendments made by this section shall apply with respect to calendar quarters that begin after the end of the 6-month period beginning on the date of the enactment of this Act.", "id": "H8EB51845E8184E2FA58D47F34FBEC802", "header": "Credit card interest rate ceiling", "nested": [ { "text": "(a) In general \nChapter 1 of the Truth in Lending Act ( 15 U.S.C. 1601 et seq. ) is amended by inserting after section 109 the following new section: 110. Limitations on credit card interest rates \n(a) In general \nDuring any calendar quarter, no creditor may impose a finance charge under any open end consumer credit plan involving a credit card which results in an annual percentage rate greater than 10 percentage points over the most recent composite prime rate published in the Wall Street Journal before the beginning of the 10-business-day period ending on the first day of such calendar quarter. (b) Regulations by board \nThe Board may prescribe such regulations as the Board may, in the discretion of the Board, determine to be appropriate to implement and carry out the requirements of subsection (a), including the determination and publication of the applicable maximum annual percentage rate under such subsection for any calendar quarter..", "id": "H1F995C03B2724143912E97DCBD2F8C9C", "header": "In general", "nested": [], "links": [ { "text": "15 U.S.C. 1601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/1601" } ] }, { "text": "(b) Clerical amendment \nThe table of sections for chapter 1 of the Truth in Lending Act is amended by inserting after the item relating to section 109 the following new item: 110. Limitation on credit card interest rates.", "id": "H5C0EADD230FD4604A716857DBE60C362", "header": "Clerical amendment", "nested": [], "links": [] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply with respect to calendar quarters that begin after the end of the 6-month period beginning on the date of the enactment of this Act.", "id": "H708C65512C04474BA6DF7DDC6BF4EA6E", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "15 U.S.C. 1601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/1601" } ] }, { "text": "110. Limitations on credit card interest rates \n(a) In general \nDuring any calendar quarter, no creditor may impose a finance charge under any open end consumer credit plan involving a credit card which results in an annual percentage rate greater than 10 percentage points over the most recent composite prime rate published in the Wall Street Journal before the beginning of the 10-business-day period ending on the first day of such calendar quarter. (b) Regulations by board \nThe Board may prescribe such regulations as the Board may, in the discretion of the Board, determine to be appropriate to implement and carry out the requirements of subsection (a), including the determination and publication of the applicable maximum annual percentage rate under such subsection for any calendar quarter.", "id": "H2B174F752B3845068F355E46A6338014", "header": "Limitations on credit card interest rates", "nested": [ { "text": "(a) In general \nDuring any calendar quarter, no creditor may impose a finance charge under any open end consumer credit plan involving a credit card which results in an annual percentage rate greater than 10 percentage points over the most recent composite prime rate published in the Wall Street Journal before the beginning of the 10-business-day period ending on the first day of such calendar quarter.", "id": "H0D4519130ED74E5486D8CDA1313D75FA", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Regulations by board \nThe Board may prescribe such regulations as the Board may, in the discretion of the Board, determine to be appropriate to implement and carry out the requirements of subsection (a), including the determination and publication of the applicable maximum annual percentage rate under such subsection for any calendar quarter.", "id": "H0E71A51B37014F199845BE3569C657AD", "header": "Regulations by board", "nested": [], "links": [] } ], "links": [] } ]

[ "Financial Services Committee" ]

[ { "text": "1. Mandatory Life Sentence for Repeat Sex Offenders \nSubsection (a) of section 2247 of title 18, United States Code, is amended to read as follows: (a) Mandatory Life Sentence \nThe term of imprisonment for a violation of this chapter after a prior sex offense conviction shall be life..", "id": "H93AB4009F52646C6894F4500340955D0", "header": "Mandatory Life Sentence for Repeat Sex Offenders", "nested": [], "links": [ { "text": "section 2247", "legal-doc": "usc", "parsable-cite": "usc/18/2247" } ] } ]

[ "Judiciary Committee" ]

[ { "text": "1. Short title \nThis section may be cited as the Truman Farm Home Expansion Act.", "id": "HEDA9E53FF3124991A5F8BEF2C5E51145", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Harry S Truman National Historic Site boundary modification \nThe first section of Public Law 98–32 ( 16 U.S.C. 461 note) is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: (d) Acquisition of additional land \n(1) In general \nThe Secretary may acquire, by donation, purchase with donated or appropriated funds, transfer from another Federal agency, or any other means, the land described in paragraph (2) for inclusion in the Harry S Truman National Historic Site. (2) Description of land \nThe land referred to in paragraph (1) consists of the approximately 5 acres of land (including the structure located south of the Truman Farm Home site), as generally depicted on the map entitled Harry S Truman National Historic Site Proposed Boundary , numbered 492/80,027, and dated April 17, 2003. (3) Boundary modification \nOn acquisition of the land under this subsection, the Secretary shall modify the boundary of the Harry S Truman National Historic Site to reflect the acquisition of the land..", "id": "HF8600BD3B96F47A5A30032A6007C45D1", "header": "Harry S Truman National Historic Site boundary modification", "nested": [], "links": [ { "text": "Public Law 98–32", "legal-doc": "public-law", "parsable-cite": "pl/98/32" }, { "text": "16 U.S.C. 461", "legal-doc": "usc", "parsable-cite": "usc/16/461" } ] } ]

[ "Natural Resources Committee" ]

[ { "text": "1. Environmental review for renewable energy projects \n(a) Compliance with NEPA for renewable energy projects \nNotwithstanding any other law, in preparing an environmental assessment or environmental impact statement required under section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 ) with respect to any action authorizing a renewable energy project under the jurisdiction of a Federal agency— (1) no Federal agency is required to identify alternative project locations or actions other than the proposed action and the no action alternative; and (2) no Federal agency is required to analyze the environmental effects of alternative locations or actions other than those submitted by the project proponent. (b) Consideration of alternatives \nIn any environmental assessment or environmental impact statement referred to in subsection (a), the Federal agency shall only identify and analyze the environmental effects and potential mitigation measures of— (1) the proposed action; and (2) the no action alternative. (c) Public comment \nIn preparing an environmental assessment or environmental impact statement referred to in subsection (a), the Federal agency shall only consider public comments that specifically address the preferred action and that are filed within 20 days after publication of a draft environmental assessment or draft environmental impact statement. Notwithstanding any other law, compliance with this subsection is deemed to satisfy section 102(2) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2) ) and the applicable regulations and administrative guidelines with respect to proposed renewable energy projects. (d) Definition \nFor purposes of this section, the term renewable energy project — (1) means any proposal to utilize an energy source other than nuclear power or the combustion of coal, oil or natural gas; and (2) includes but is not be limited to the use of wind, solar, geothermal, or tidal forces to generate energy.", "id": "H13637036F8D740F681688D7C95587BCA", "header": "Environmental review for renewable energy projects", "nested": [ { "text": "(a) Compliance with NEPA for renewable energy projects \nNotwithstanding any other law, in preparing an environmental assessment or environmental impact statement required under section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 ) with respect to any action authorizing a renewable energy project under the jurisdiction of a Federal agency— (1) no Federal agency is required to identify alternative project locations or actions other than the proposed action and the no action alternative; and (2) no Federal agency is required to analyze the environmental effects of alternative locations or actions other than those submitted by the project proponent.", "id": "H2775D265D81047CAB5A921E51989EC47", "header": "Compliance with NEPA for renewable energy projects", "nested": [], "links": [ { "text": "42 U.S.C. 4332", "legal-doc": "usc", "parsable-cite": "usc/42/4332" } ] }, { "text": "(b) Consideration of alternatives \nIn any environmental assessment or environmental impact statement referred to in subsection (a), the Federal agency shall only identify and analyze the environmental effects and potential mitigation measures of— (1) the proposed action; and (2) the no action alternative.", "id": "HD4072BA08CD140F5A49547C9009BC42B", "header": "Consideration of alternatives", "nested": [], "links": [] }, { "text": "(c) Public comment \nIn preparing an environmental assessment or environmental impact statement referred to in subsection (a), the Federal agency shall only consider public comments that specifically address the preferred action and that are filed within 20 days after publication of a draft environmental assessment or draft environmental impact statement. Notwithstanding any other law, compliance with this subsection is deemed to satisfy section 102(2) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2) ) and the applicable regulations and administrative guidelines with respect to proposed renewable energy projects.", "id": "H92C7608E21BF40D2A17061E977A50098", "header": "Public comment", "nested": [], "links": [ { "text": "42 U.S.C. 4332(2)", "legal-doc": "usc", "parsable-cite": "usc/42/4332" } ] }, { "text": "(d) Definition \nFor purposes of this section, the term renewable energy project — (1) means any proposal to utilize an energy source other than nuclear power or the combustion of coal, oil or natural gas; and (2) includes but is not be limited to the use of wind, solar, geothermal, or tidal forces to generate energy.", "id": "H8E2BE52788BF4EECBD59F063E177A56D", "header": "Definition", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 4332", "legal-doc": "usc", "parsable-cite": "usc/42/4332" }, { "text": "42 U.S.C. 4332(2)", "legal-doc": "usc", "parsable-cite": "usc/42/4332" } ] } ]

[ "Environment and Public Works Committee", "Natural Resources Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Renewable Energy Financing Incentive Act of 2004.", "id": "HBF042DD454404273BA8CCAAF309FCEB", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Nonrecognition of gain from sale of real property upon subsequent purchase of renewable energy property \n(a) In general \nPart III of subchapter O of chapter 1 of the Internal Revenue Code of 1986 (relating to common nontaxable exchanges) is amended by adding at the end the following new section: 1046. Nonrecognition of gain from sale of real property upon subsequent purchase of renewable energy property \n(a) General rule \nIf— (1) the taxpayer elects in such form as the Secretary may prescribe the application of this section with respect to any sale of real property located in the United States, (2) such sale gives rise to gain, and (3) the seller of such property acquires renewable energy property within the replacement period, then, except as provided in subsections (b) and (e), no gain shall result to the taxpayer from the sale of such property. (b) Amount of gain resulting \n(1) In general \nIn the case of an acquisition of renewable energy property to which subsection (a) applies, gain shall result from such acquisition to the extent that the price for which such real property is sold exceeds the cost of the renewable energy property acquired. (2) Gain recognized \nExcept as provided in this section, the gain determined under paragraph (1) shall be recognized, notwithstanding any other provision of this subtitle. (c) Definitions and special rules \nFor purposes of this section— (1) Renewable energy property \nThe term renewable energy property means a facility located in the United States which uses renewable energy sources as a primary feedstock for the generation of electricity or the manufacture of motor vehicle fuels. (2) Special rule relating to stock and interests in partnerships \n(A) Partnership interest \nAn interest in a partnership shall be treated as an interest in each of the assets of the partnership and not as an interest in the partnership. (B) Stock in corporation \nStock in a corporation the principal business of which is owning or operating renewable energy property shall be treated as such property. (C) Cooperatives \nRules similar to the rules of subparagraph (A) or (B), as appropriate, shall apply in the case of an organization which is subject to section 521 or to which part I of subchapter T applies. (3) Replacement period \nThe term replacement period means the 2-year period beginning on the date of the sale of real property with respect to which there is in effect an election under subsection (a). (4) Requirement that property be identified \nFor purposes of this section, any property received by the taxpayer shall be treated as property which is not like-kind property if such property is not identified as property to be received in the exchange on or before the day which is 180 days after the date on which the taxpayer transfers the property relinquished in the exchange. (d) Basis of renewable energy property \nThe basis shall be the same as that of the property exchanged, decreased in the amount of any money received by the taxpayer and increased in the amount of gain or decreased in the amount of loss to the taxpayer that was recognized on such exchange. (e) Recapture \n(1) In general \nIf a taxpayer disposes of any renewable energy property, then, notwithstanding any other provision of this title, gain (if any) shall be recognized to the extent of the gain which was not recognized under subsection (a) by reason of the acquisition by such taxpayer of such renewable energy property. (2) Certain dispositions not taken into account \nFor purposes of paragraph (1), there shall not be taken into account any disposition— (A) after the death of the taxpayer, (B) in a compulsory or involuntary conversion (within the meaning of section 1033) if the exchange occurred before the threat or imminence of such conversion, or (C) with respect to which it is established to the satisfaction of the Secretary that such disposition had as one of its principal purposes the avoidance of Federal income tax. (f) Statute of limitations \nIf any gain is realized by the taxpayer on the sale or exchange of any renewable energy property and there is in effect an election under subsection (a) with respect to such gain, then— (1) the statutory period for the assessment of any deficiency with respect to such gain shall not expire before the expiration of 3 years from the date the Secretary is notified by the taxpayer (in such manner as the Secretary may by regulations prescribe) of— (A) the taxpayer's cost of purchasing renewable energy property which the taxpayer claims results in nonrecognition of any part of such gain, (B) the taxpayer's intention not to purchase renewable energy property within the replacement period, or (C) a failure to make such purchase within the replacement period, and (2) such deficiency may be assessed before the expiration of such 3-year period notwithstanding the provisions of any other law or rule of law which would otherwise prevent such assessment.. (b) Conforming amendment \nSection 1016(a) of such Code is amended by striking and at the end of paragraph (27), by striking the period at the end of paragraph (28) and inserting , and , and by adding at the end the following new paragraph: (29) in the case of property the acquisition of which resulted under section 1046 in the nonrecognition of any part of the gain realized on the sale of other property, to the extent provided in section 1046.. (c) Clerical amendment \nThe table of sections for part III of subchapter O of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 1046. Nonrecognition of gain from sale of real property upon subsequent purchase of renewable energy property. (d) Effective date \nThe amendments made by this section shall apply with respect to real property sold after December 31, 2004.", "id": "H42B0ED3CE9A744AC9B99A4F950ED9548", "header": "Nonrecognition of gain from sale of real property upon subsequent purchase of renewable energy property", "nested": [ { "text": "(a) In general \nPart III of subchapter O of chapter 1 of the Internal Revenue Code of 1986 (relating to common nontaxable exchanges) is amended by adding at the end the following new section: 1046. Nonrecognition of gain from sale of real property upon subsequent purchase of renewable energy property \n(a) General rule \nIf— (1) the taxpayer elects in such form as the Secretary may prescribe the application of this section with respect to any sale of real property located in the United States, (2) such sale gives rise to gain, and (3) the seller of such property acquires renewable energy property within the replacement period, then, except as provided in subsections (b) and (e), no gain shall result to the taxpayer from the sale of such property. (b) Amount of gain resulting \n(1) In general \nIn the case of an acquisition of renewable energy property to which subsection (a) applies, gain shall result from such acquisition to the extent that the price for which such real property is sold exceeds the cost of the renewable energy property acquired. (2) Gain recognized \nExcept as provided in this section, the gain determined under paragraph (1) shall be recognized, notwithstanding any other provision of this subtitle. (c) Definitions and special rules \nFor purposes of this section— (1) Renewable energy property \nThe term renewable energy property means a facility located in the United States which uses renewable energy sources as a primary feedstock for the generation of electricity or the manufacture of motor vehicle fuels. (2) Special rule relating to stock and interests in partnerships \n(A) Partnership interest \nAn interest in a partnership shall be treated as an interest in each of the assets of the partnership and not as an interest in the partnership. (B) Stock in corporation \nStock in a corporation the principal business of which is owning or operating renewable energy property shall be treated as such property. (C) Cooperatives \nRules similar to the rules of subparagraph (A) or (B), as appropriate, shall apply in the case of an organization which is subject to section 521 or to which part I of subchapter T applies. (3) Replacement period \nThe term replacement period means the 2-year period beginning on the date of the sale of real property with respect to which there is in effect an election under subsection (a). (4) Requirement that property be identified \nFor purposes of this section, any property received by the taxpayer shall be treated as property which is not like-kind property if such property is not identified as property to be received in the exchange on or before the day which is 180 days after the date on which the taxpayer transfers the property relinquished in the exchange. (d) Basis of renewable energy property \nThe basis shall be the same as that of the property exchanged, decreased in the amount of any money received by the taxpayer and increased in the amount of gain or decreased in the amount of loss to the taxpayer that was recognized on such exchange. (e) Recapture \n(1) In general \nIf a taxpayer disposes of any renewable energy property, then, notwithstanding any other provision of this title, gain (if any) shall be recognized to the extent of the gain which was not recognized under subsection (a) by reason of the acquisition by such taxpayer of such renewable energy property. (2) Certain dispositions not taken into account \nFor purposes of paragraph (1), there shall not be taken into account any disposition— (A) after the death of the taxpayer, (B) in a compulsory or involuntary conversion (within the meaning of section 1033) if the exchange occurred before the threat or imminence of such conversion, or (C) with respect to which it is established to the satisfaction of the Secretary that such disposition had as one of its principal purposes the avoidance of Federal income tax. (f) Statute of limitations \nIf any gain is realized by the taxpayer on the sale or exchange of any renewable energy property and there is in effect an election under subsection (a) with respect to such gain, then— (1) the statutory period for the assessment of any deficiency with respect to such gain shall not expire before the expiration of 3 years from the date the Secretary is notified by the taxpayer (in such manner as the Secretary may by regulations prescribe) of— (A) the taxpayer's cost of purchasing renewable energy property which the taxpayer claims results in nonrecognition of any part of such gain, (B) the taxpayer's intention not to purchase renewable energy property within the replacement period, or (C) a failure to make such purchase within the replacement period, and (2) such deficiency may be assessed before the expiration of such 3-year period notwithstanding the provisions of any other law or rule of law which would otherwise prevent such assessment..", "id": "H82D122A9285F4CC7B1619D089CA68F14", "header": "In general", "nested": [], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" } ] }, { "text": "(b) Conforming amendment \nSection 1016(a) of such Code is amended by striking and at the end of paragraph (27), by striking the period at the end of paragraph (28) and inserting , and , and by adding at the end the following new paragraph: (29) in the case of property the acquisition of which resulted under section 1046 in the nonrecognition of any part of the gain realized on the sale of other property, to the extent provided in section 1046..", "id": "H708F0D67B0CF40CA88DCBE90006E9D", "header": "Conforming amendment", "nested": [], "links": [] }, { "text": "(c) Clerical amendment \nThe table of sections for part III of subchapter O of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 1046. Nonrecognition of gain from sale of real property upon subsequent purchase of renewable energy property.", "id": "H7E360C0066DE48ECBDE321DDC0D73BBF", "header": "Clerical amendment", "nested": [], "links": [] }, { "text": "(d) Effective date \nThe amendments made by this section shall apply with respect to real property sold after December 31, 2004.", "id": "H7C0FFAE632A84F7C8C61AC63A1439BE6", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" } ] }, { "text": "1046. Nonrecognition of gain from sale of real property upon subsequent purchase of renewable energy property \n(a) General rule \nIf— (1) the taxpayer elects in such form as the Secretary may prescribe the application of this section with respect to any sale of real property located in the United States, (2) such sale gives rise to gain, and (3) the seller of such property acquires renewable energy property within the replacement period, then, except as provided in subsections (b) and (e), no gain shall result to the taxpayer from the sale of such property. (b) Amount of gain resulting \n(1) In general \nIn the case of an acquisition of renewable energy property to which subsection (a) applies, gain shall result from such acquisition to the extent that the price for which such real property is sold exceeds the cost of the renewable energy property acquired. (2) Gain recognized \nExcept as provided in this section, the gain determined under paragraph (1) shall be recognized, notwithstanding any other provision of this subtitle. (c) Definitions and special rules \nFor purposes of this section— (1) Renewable energy property \nThe term renewable energy property means a facility located in the United States which uses renewable energy sources as a primary feedstock for the generation of electricity or the manufacture of motor vehicle fuels. (2) Special rule relating to stock and interests in partnerships \n(A) Partnership interest \nAn interest in a partnership shall be treated as an interest in each of the assets of the partnership and not as an interest in the partnership. (B) Stock in corporation \nStock in a corporation the principal business of which is owning or operating renewable energy property shall be treated as such property. (C) Cooperatives \nRules similar to the rules of subparagraph (A) or (B), as appropriate, shall apply in the case of an organization which is subject to section 521 or to which part I of subchapter T applies. (3) Replacement period \nThe term replacement period means the 2-year period beginning on the date of the sale of real property with respect to which there is in effect an election under subsection (a). (4) Requirement that property be identified \nFor purposes of this section, any property received by the taxpayer shall be treated as property which is not like-kind property if such property is not identified as property to be received in the exchange on or before the day which is 180 days after the date on which the taxpayer transfers the property relinquished in the exchange. (d) Basis of renewable energy property \nThe basis shall be the same as that of the property exchanged, decreased in the amount of any money received by the taxpayer and increased in the amount of gain or decreased in the amount of loss to the taxpayer that was recognized on such exchange. (e) Recapture \n(1) In general \nIf a taxpayer disposes of any renewable energy property, then, notwithstanding any other provision of this title, gain (if any) shall be recognized to the extent of the gain which was not recognized under subsection (a) by reason of the acquisition by such taxpayer of such renewable energy property. (2) Certain dispositions not taken into account \nFor purposes of paragraph (1), there shall not be taken into account any disposition— (A) after the death of the taxpayer, (B) in a compulsory or involuntary conversion (within the meaning of section 1033) if the exchange occurred before the threat or imminence of such conversion, or (C) with respect to which it is established to the satisfaction of the Secretary that such disposition had as one of its principal purposes the avoidance of Federal income tax. (f) Statute of limitations \nIf any gain is realized by the taxpayer on the sale or exchange of any renewable energy property and there is in effect an election under subsection (a) with respect to such gain, then— (1) the statutory period for the assessment of any deficiency with respect to such gain shall not expire before the expiration of 3 years from the date the Secretary is notified by the taxpayer (in such manner as the Secretary may by regulations prescribe) of— (A) the taxpayer's cost of purchasing renewable energy property which the taxpayer claims results in nonrecognition of any part of such gain, (B) the taxpayer's intention not to purchase renewable energy property within the replacement period, or (C) a failure to make such purchase within the replacement period, and (2) such deficiency may be assessed before the expiration of such 3-year period notwithstanding the provisions of any other law or rule of law which would otherwise prevent such assessment.", "id": "H3DB044D266C342D7BD13932E9785F5DA", "header": "Nonrecognition of gain from sale of real property upon subsequent purchase of renewable energy property", "nested": [ { "text": "(a) General rule \nIf— (1) the taxpayer elects in such form as the Secretary may prescribe the application of this section with respect to any sale of real property located in the United States, (2) such sale gives rise to gain, and (3) the seller of such property acquires renewable energy property within the replacement period, then, except as provided in subsections (b) and (e), no gain shall result to the taxpayer from the sale of such property.", "id": "H32A4CB2D28164C0D9300712DD3D89414", "header": "General rule", "nested": [], "links": [] }, { "text": "(b) Amount of gain resulting \n(1) In general \nIn the case of an acquisition of renewable energy property to which subsection (a) applies, gain shall result from such acquisition to the extent that the price for which such real property is sold exceeds the cost of the renewable energy property acquired. (2) Gain recognized \nExcept as provided in this section, the gain determined under paragraph (1) shall be recognized, notwithstanding any other provision of this subtitle.", "id": "H3FF6043D47654771AEE328955353A741", "header": "Amount of gain resulting", "nested": [], "links": [] }, { "text": "(c) Definitions and special rules \nFor purposes of this section— (1) Renewable energy property \nThe term renewable energy property means a facility located in the United States which uses renewable energy sources as a primary feedstock for the generation of electricity or the manufacture of motor vehicle fuels. (2) Special rule relating to stock and interests in partnerships \n(A) Partnership interest \nAn interest in a partnership shall be treated as an interest in each of the assets of the partnership and not as an interest in the partnership. (B) Stock in corporation \nStock in a corporation the principal business of which is owning or operating renewable energy property shall be treated as such property. (C) Cooperatives \nRules similar to the rules of subparagraph (A) or (B), as appropriate, shall apply in the case of an organization which is subject to section 521 or to which part I of subchapter T applies. (3) Replacement period \nThe term replacement period means the 2-year period beginning on the date of the sale of real property with respect to which there is in effect an election under subsection (a). (4) Requirement that property be identified \nFor purposes of this section, any property received by the taxpayer shall be treated as property which is not like-kind property if such property is not identified as property to be received in the exchange on or before the day which is 180 days after the date on which the taxpayer transfers the property relinquished in the exchange.", "id": "HA5907D37D02342C78130039283D02174", "header": "Definitions and special rules", "nested": [], "links": [] }, { "text": "(d) Basis of renewable energy property \nThe basis shall be the same as that of the property exchanged, decreased in the amount of any money received by the taxpayer and increased in the amount of gain or decreased in the amount of loss to the taxpayer that was recognized on such exchange.", "id": "H6212865E10004C6FAB54009662A3065C", "header": "Basis of renewable energy property", "nested": [], "links": [] }, { "text": "(e) Recapture \n(1) In general \nIf a taxpayer disposes of any renewable energy property, then, notwithstanding any other provision of this title, gain (if any) shall be recognized to the extent of the gain which was not recognized under subsection (a) by reason of the acquisition by such taxpayer of such renewable energy property. (2) Certain dispositions not taken into account \nFor purposes of paragraph (1), there shall not be taken into account any disposition— (A) after the death of the taxpayer, (B) in a compulsory or involuntary conversion (within the meaning of section 1033) if the exchange occurred before the threat or imminence of such conversion, or (C) with respect to which it is established to the satisfaction of the Secretary that such disposition had as one of its principal purposes the avoidance of Federal income tax.", "id": "H1D8E589210AE4D2F8673DA3BA49BA4D", "header": "Recapture", "nested": [], "links": [] }, { "text": "(f) Statute of limitations \nIf any gain is realized by the taxpayer on the sale or exchange of any renewable energy property and there is in effect an election under subsection (a) with respect to such gain, then— (1) the statutory period for the assessment of any deficiency with respect to such gain shall not expire before the expiration of 3 years from the date the Secretary is notified by the taxpayer (in such manner as the Secretary may by regulations prescribe) of— (A) the taxpayer's cost of purchasing renewable energy property which the taxpayer claims results in nonrecognition of any part of such gain, (B) the taxpayer's intention not to purchase renewable energy property within the replacement period, or (C) a failure to make such purchase within the replacement period, and (2) such deficiency may be assessed before the expiration of such 3-year period notwithstanding the provisions of any other law or rule of law which would otherwise prevent such assessment.", "id": "H589E5B640D9D4DC59C205BB8862786F4", "header": "Statute of limitations", "nested": [], "links": [] } ], "links": [] } ]

[ "Ways and Means Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the National Fish and Wildlife Policy Fellowship Program Act of 2004.", "id": "H2E0FE7F8FDEF446100C725019BDF5FFD", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nThe Congress finds the following: (1) Nearly one-third of the population of the United States participates in fish and wildlife-related recreation annually. In 2001, 82 million people participated in wildlife-related recreation, including sport angling, hunting, birding, photography, and other activities. (2) Vibrant, healthy, and well-managed natural living resources are essential to obtaining the economic benefits derived from them. Wildlife-related recreation contributes significantly to the United States economy. In 2001, the economic impact of fishing and hunting was $116,000,000,000 and $68,000,000,000, respectively. In addition, approximately 1,000,000 jobs were created as a result of such recreation. (3) There are over 50 university programs, dozens of State and Federal agencies, and over $1 billion dedicated to fisheries and wildlife research, management, and conservation. (4) Expertise in freshwater and anadromous fisheries and wildlife policy is paramount to the future effective management of the Nation’s fish and wildlife resources. (5) The National Sea Grant John A. Knauss Fellowship has been successful in promoting stewardship of the Nation’s natural marine and coastal resources. Since 1979, over 528 marine scientists have been awarded fellowships that have enabled them to bring their scientific expertise to the Federal agencies and the Congress while obtaining valuable policy experience. Many of the fellows continue to serve as marine policy professionals in the Federal Government, the private sector, and the university research community. (6) Currently no formal mechanism exists to secure individuals with specific expertise in freshwater and anadromous fisheries, wildlife, or conservation biology, or related natural resource management, while simultaneously providing valuable policy experience within the Federal Government and the Congress. Such a mechanism would support and enhance stewardship of the Nation’s fish and wildlife.", "id": "HB75A1963C2D04E3CB49C3F50D1213D4F", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Definitions \nIn this Act: (1) Director \nThe term Director means the Director of the United States Fish and Wildlife Service. (2) Secretary \nThe term Secretary means the Secretary of the Interior.", "id": "H56ECA77B3F6644DD00286354057EC0A3", "header": "Definitions", "nested": [], "links": [] }, { "text": "4. Authorization of fish and wildlife policy fellowships \n(a) In general \nThe Secretary shall award fellowships to qualified graduate and post-graduate level students engaged in advanced degree programs concerning freshwater and anadromous fish, wildlife, conservation management, or biology. (b) Objectives \nIn awarding fellowships under subsection (a), the Secretary shall seek to achieve, with respect to fish and wildlife conservation, the following educational and training objectives: (1) To provide qualified graduate and postgraduate level individuals opportunities for participation in the policy process within the executive and legislative branches of the Federal Government. (2) To provide Federal agencies and the Congress with specific expertise in fish and wildlife management and conservation biology to aid in the effective management of the Nation’s natural living resources. (c) Guidelines for award of fellowships \nThe fellowships shall be awarded pursuant to guidelines established by the Secretary. (d) Term of Fellowships \nA fellowship under subsection (a) shall be for a period of not more than 1 year. (e) Equal access \n(1) In general \nThe Secretary shall strive to ensure equal access for minority and economically disadvantaged students to the program carried out under subsection (a). (2) Report \nNot later than 1 year after the date of the enactment of this section, and every 2 years thereafter, the Secretary shall submit a report to the Congress describing— (A) the efforts by the Secretary to ensure equal access for minority and economically disadvantaged students to the fellowship carried out under subsection (a); and (B) the results of such efforts. (f) Administration \nThe Director shall administer fellowships under subsection (a). (g) Authorization of appropriations \n(1) In general \nTo carry out this section there is authorized to be appropriated to the Secretary $1,400,000 for each of fiscal years 2005 through 2009. (2) Limitation on administrative expenses \nOf amounts available to carry out this section each fiscal year, no more than 5 percent may be expended for administrative costs.", "id": "H4D6620E1E54144E88ED72C6202C855C4", "header": "Authorization of fish and wildlife policy fellowships", "nested": [ { "text": "(a) In general \nThe Secretary shall award fellowships to qualified graduate and post-graduate level students engaged in advanced degree programs concerning freshwater and anadromous fish, wildlife, conservation management, or biology.", "id": "H85962653043243A1A266765435A44C4", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Objectives \nIn awarding fellowships under subsection (a), the Secretary shall seek to achieve, with respect to fish and wildlife conservation, the following educational and training objectives: (1) To provide qualified graduate and postgraduate level individuals opportunities for participation in the policy process within the executive and legislative branches of the Federal Government. (2) To provide Federal agencies and the Congress with specific expertise in fish and wildlife management and conservation biology to aid in the effective management of the Nation’s natural living resources.", "id": "H6A9D3FA4F64146339444C7C517603B12", "header": "Objectives", "nested": [], "links": [] }, { "text": "(c) Guidelines for award of fellowships \nThe fellowships shall be awarded pursuant to guidelines established by the Secretary.", "id": "H429F30073ACF498C92967E9C33D45FC8", "header": "Guidelines for award of fellowships", "nested": [], "links": [] }, { "text": "(d) Term of Fellowships \nA fellowship under subsection (a) shall be for a period of not more than 1 year.", "id": "HC194972329F240948B8015E8ED5EA6BB", "header": "Term of Fellowships", "nested": [], "links": [] }, { "text": "(e) Equal access \n(1) In general \nThe Secretary shall strive to ensure equal access for minority and economically disadvantaged students to the program carried out under subsection (a). (2) Report \nNot later than 1 year after the date of the enactment of this section, and every 2 years thereafter, the Secretary shall submit a report to the Congress describing— (A) the efforts by the Secretary to ensure equal access for minority and economically disadvantaged students to the fellowship carried out under subsection (a); and (B) the results of such efforts.", "id": "HFD08DDA6BE6A4F38AE5319601182F53F", "header": "Equal access", "nested": [], "links": [] }, { "text": "(f) Administration \nThe Director shall administer fellowships under subsection (a).", "id": "HE6ECD3E19DE64CB19FACA07D03BD1C06", "header": "Administration", "nested": [], "links": [] }, { "text": "(g) Authorization of appropriations \n(1) In general \nTo carry out this section there is authorized to be appropriated to the Secretary $1,400,000 for each of fiscal years 2005 through 2009. (2) Limitation on administrative expenses \nOf amounts available to carry out this section each fiscal year, no more than 5 percent may be expended for administrative costs.", "id": "HB71C8D5BD3524D2FBDBFE632AFCFD07D", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] } ]

[ "Natural Resources Committee" ]

[ { "text": "1. Designation \nThe Federal building located at Fifth and Richardson Avenues in Roswell, New Mexico, shall be known and designated as the Joe Skeen Federal Building.", "id": "H5BAA0E4F63D24B728D19E3A4611E7103", "header": "Designation", "nested": [], "links": [] }, { "text": "2. References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the Federal building referred to in section 1 shall be deemed to be a reference to the Joe Skeen Federal Building.", "id": "H4D6B10C52346404CBC004837CC49700", "header": "References", "nested": [], "links": [] } ]

[ "Transportation and Infrastructure Committee" ]

[ { "text": "1. Mitigation planning \nSection 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5165 ) is amended by adding at the end the following: (f) Eligibility of beach nourishment projects \nBeach nourishment projects that meet such standards as the Secretary of the Army may establish shall be eligible for inclusion in a mitigation plan as an action to mitigate hazards, risks, and vulnerabilities identified under a mitigation plan developed under this section..", "id": "H11D1330BB734405FAA6854E497BC81FF", "header": "Mitigation planning", "nested": [], "links": [ { "text": "42 U.S.C. 5165", "legal-doc": "usc", "parsable-cite": "usc/42/5165" } ] }, { "text": "2. Hazard mitigation \nSection 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170c ) is amended by adding at the end the following: (d) Eligibility of beach nourishment projects \nBeach nourishment projects that meet such standards as the Secretary of the Army may establish shall be treated for purposes of this section as hazard mitigation measures which are cost effective and substantially reduce the risk of future damage, hardship, loss or suffering in an area affected by a major disaster and shall be eligible for assistance under this section..", "id": "HE8109A2E93DC437EAD3640BA7D00B448", "header": "Hazard mitigation", "nested": [], "links": [ { "text": "42 U.S.C. 5170c", "legal-doc": "usc", "parsable-cite": "usc/42/5170c" } ] } ]

[ "Transportation and Infrastructure Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the National Dairy Equity Act of 2004.", "id": "H79CF29206B2D4C2CBA382DF47ED31D56", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Regional Dairy Marketing Areas \nSubtitle E of title I of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 7981 et seq. ) is amended— (1) by inserting before section 1501 ( 7 U.S.C. 7981 ) the following: 1 General provisions \n; and (2) by adding at the end the following: 2 Regional Dairy Marketing Areas \n1511. Definitions \nIn this chapter: (1) Board \nThe term Board means the Regional Dairy Board established for a Region under section 1514. (2) Classes of milk \nThe terms Class I milk , Class II milk , Class III milk , and Class IV milk mean milk (including components of milk) classified as Class I, II, III, or IV milk, respectively, under a Federal milk marketing order. (3) Covered processor \nThe term covered processor means a person or entity operating— (A) a milk plant located in the regulated area of a Region; or (B) a milk plant that, while not located in the regulated area of a Region, distributes Class I milk products in a regulated area. (4) Eligible producer \n(A) The term eligible producer means an individual or entity that the Secretary determines directly or indirectly— (i) shares in the risk of producing milk; and (ii) makes contributions (including land, labor, management, equipment, or capital) to the dairy farming operation of the individual or entity that are at least commensurate with the share of the individual or entity of the proceeds of the operation. (B) The term does not include an individual or entity that elects under section 1512(c) to continue to receive national dairy market loss payments pursuant to a contract entered into under section 1502. (5) Fund \nThe term Fund means the National Dairy Producers Fund established under section 1518. (6) Federal milk marketing order \nThe term Federal milk marketing order means a Federal milk marketing order issued under section 8c of the Agricultural Adjustment Act ( 7 U.S.C. 608c ), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937. (7) Over-order premium \nThe term over-order premium means the difference between— (A) the over-order price established by the Board for the regulated area of a Region; and (B) the Class I milk price per hundredweight in Boston under the applicable Federal milk marketing order. (8) Over-order price \nThe term over-order price means the minimum price for Class I milk in the regulated area of a Region, as established by the Board by regulation under section 1515. (9) Partially regulated plant \n(A) The term partially regulated plant means— (i) a milk plant that, while not located in the regulated area of a Region, distributes Class I milk products in a regulated area; or (ii) a milk plant that, while located in the regulated area of a Region, distributes Class I milk products in the regulated area of a different Region. (B) The term does not include a milk plant described in subparagraph (A) that distributes less than a minimum quantity of Class I milk in the regulated area in which such distribution occurs, or derives less than a minimum quantity of receipts from such distribution. The Board for the regulated area in which such distribution occurs shall establish the minimum quantity of milk or receipts for purposes of this exclusion. (10) Participating state \nThe term participating State means a State that is designated as a participating State in a Region under section 1512. (11) Pool plant \nThe term pool plant means a milk plant located in the regulated area of a Region. (12) Region \nThe term Region means a Regional Dairy Marketing Area established under section 1513. (13) Regulated area \nThe term regulated area means that portion of a Region consisting of participating States. (14) Secretary \nThe term Secretary means the Secretary of Agriculture. 1512. Participating States \n(a) Designation of participating states \nFor the purpose of this chapter, the following States are participating States: (1) Each State in the Northeast, Southern, and Midwest Regions specified in section 1513. (2) Each State in a different Region specified in section 1513, if that State elects to become a participating State by providing to the Secretary written notice through the Governor of the State in accordance with State law. (b) Termination of participation \n(1) Method of termination \nTo terminate the designation of a State as a participating State in a Region, the Governor of the State (with the concurrence of the legislature of the State) shall submit written notice to the Secretary and the applicable Board of the termination. (2) Effective date of termination \n(A) Initial termination authority \nIf a State submits the written notice required by paragraph (1) before the end of the 30-day period beginning on the date of enactment of this chapter, the termination of the designation of the State as a participating State shall take effect 30 days after the date on which the notice was submitted. (B) Subsequent termination authority \nIf a State submits the written notice required by paragraph (1) after the end of the period specified in subparagraph (A), the termination of the designation of the State as a participating State shall take effect 1 year after the date on which notice was submitted. (3) Resumption of participation \nA State that terminates its designation as a participating State may restore, in the manner provided by State law, the designation of the State as a participating State. The Governor of the State shall provide written notice to the Secretary and the applicable Board of the decision to restore such designation, which shall take effect on the first day of the first month beginning after the Secretary receives the written notice. (c) Relation to national dairy market loss payments \n(1) Election of benefits \nIn the case of each eligible producer operating in a participating State that is also a party to a contract entered into under section 1502 to receive national dairy market loss payments, the Secretary shall give the producer a 60-day period within which to elect to terminate the contract and to instead receive payments under this chapter. The 60-day period for eligible producers in a State shall commence on the date on which the State is first designated as a participating State under subsection (a). (2) Effective date of termination \nIf an eligible producer elects to terminate a contract under section 1502, as authorized by paragraph (1), the termination shall take effect on the date on which payments are first made to eligible producers under section 1521 in the participating State in which the producer operates. (3) Protection during initial state termination period \nIf a State exercises the initial termination authority provided under subsection (b), any election made by an eligible producer in that State under paragraph (1) to terminate a contract under section 1502 shall not take effect. (4) Effect of election to continue contract \nAn eligible producer that does not elect to terminate a contract under section 1502, as authorized by paragraph (1), shall cease to be an eligible producer for the purpose of this chapter at the end of the period specified in such paragraph. The contract of such a producer shall terminate on September 30, 2005, notwithstanding any amendment to section 1502 to extend the duration of such contracts. After that date, the producer shall be ineligible for national dairy market loss payments under section 1502 and ineligible for payments under this chapter. (5) Effect of subsequent state termination or restoration of participation \nAn eligible producer operating in a State that terminates its designation as a participating State under subsection (b)(2)(B) shall be eligible to enter into a contract under section 1502 to receive national dairy market loss payments, but only if— (A) the producer is not ineligible to receive such payments under paragraph (4); and (B) the producer agrees to terminate the contract under section 1502 if the State in which the producer operates restores its designation as a participating State under subsection (b)(3). 1513. Dairy marketing areas \nThere are established 5 Regional Dairy Marketing Areas to be composed of the following States, so long as the States are designated as participating States: (1) Northeast region \nA Northeast Dairy Marketing Area composed of the States of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, and Vermont. (2) Southern region \nA Southern Dairy Marketing Area composed of the States of Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Texas, Tennessee, Virginia, and West Virginia. (3) Midwest region \nA Midwest Dairy Marketing Area composed of the States of Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Nebraska, North Dakota, Ohio, South Dakota, and Wisconsin. (4) Intermountain region \nAn Intermountain Dairy Marketing Area composed of the States of Arizona, Colorado, Idaho, Montana, Nevada, New Mexico, Utah, and Wyoming. (5) Pacific region \nA Pacific Dairy Marketing Area composed of the States of Alaska, California, Hawaii, Oregon, and Washington. 1514. Regional Dairy Boards \n(a) In general \nEach Region shall be administered by a Regional Dairy Board. (b) Composition \n(1) Number and appointment \nThe Board for a Region shall be composed of 3 members from each participating State in the Region, appointed by the Secretary from nominations submitted as provided in paragraph (2). (2) Nomination process \nThe members of the Board from a participating State shall be selected from at least 9 individuals nominated by the Governor of the State, except that, if the commissioner of the department of agriculture of the State is an elected position, the nominations for the State shall be made by the commissioner. The nominations shall be made in consultation with eligible producers and the dairy industry in the participating State. (3) Representation \nOf the members of the Board nominated and appointed to represent a participating State— (A) at least 1 member shall be an eligible producer in the State at the time of nomination and appointment; and (B) at least 1 member shall be a consumer representative. (c) Terms \n(1) In general \nExcept as provided in paragraph (2), each member of the Board shall serve for a term of 3 years. (2) Initial appointments \nOf the members first appointed to the Board from a participating State, the Secretary shall appoint— (A) 1 member to serve a term of 1 year; (B) 1 member to a term of 2 years; and (C) 1 member to a term of 3 years. (d) Voting \nThe members of the Board representing a participating State shall be entitled to cast only 1 vote on behalf of the participating State in any vote taken by members of the Board. (e) Powers \nIn carrying out this chapter in a Region, the Board for the Region is authorized— (1) to investigate, or provide for investigations or research projects designed to review, the laws of participating States in the Region— (A) to measure the impact of the laws on— (i) the production and marketing of milk; and (ii) the shipment of milk and milk products in the Region; and (B) to review the administration and costs of the laws (2) to study and recommend to participating States of the Region joint or cooperative programs for the administration of dairy marketing laws and to prepare estimates of cost savings and benefits of such programs; (3) to encourage harmonious relationships between the various elements of the dairy industry in the Region for the solution of material problems, including conducting symposia or conferences designed to improve dairy-industry relations; or resolve problems of the dairy industry; (4) to submit to participating States in the Region periodic reports on activities and programs of the Board; (5) to review the processing and marketing system for milk and milk products in the regulated area of the Region and to recommend changes in the system used for the production and distribution of milk to assist, improve, or promote more efficient production and distribution of milk; (6) to investigate costs and charges in the regulated area of the Region for producing, hauling, handling, processing, distributing, selling, and conducting all other services performed with respect to milk; (7) to examine— (A) economic forces affecting eligible producers in the Region; (B) probable trends in production and consumption of milk and milk products in the Region; (C) the level of dairy farm prices in relation to costs in the Region; (D) the financial condition of eligible producers in the Region; and (E) the need for an emergency order to relieve critical conditions on dairy farms in the regulated area; (8) to take such actions as may be necessary to manage any overproduction of milk in the regulated area of the Region, including the authority to develop and implement an incentive-based supply management program in addition to other actions to manage such overproduction; and (9) to issue such orders, promulgate such regulations, and take such other actions as are necessary to carry out this chapter in the regulated area of the Region. (f) Use of other agencies \nThe Board for a Region shall, to the maximum extent practicable, enter into agreements with Federal or State agencies for the exchange of information or services for the purpose of reducing regulatory burden and cost of administering this chapter. The Board may reimburse other agencies for the reasonable cost of providing the services. (g) Technical assistance \nAt the request of the Board, the administrator of a Federal milk marketing order shall provide technical assistance to the Board. The Board shall reimburse the administrator for the reasonable cost of providing the technical assistance. 1515. Establishment of over-order price for sale of Class I milk \n(a) Authority to establish over-order price \nSubject to subsection (b), the Board for a Region may establish, by regulation, an over-order price for the sale of Class I milk in the regulated area of a Region that— (1) is higher than the price for Class I milk established under Federal milk marketing orders operating in the regulated area; and (2) is higher than the price for fluid milk otherwise applicable in any portion of the regulated area not covered by a Federal milk marketing order. (b) Maximum authorized over-order price \nDuring the beginning on the date of the enactment of this chapter and ending on December 31, 2005, an over-order price established under subsection (a) may not exceed $17.50 per hundredweight. For each subsequent calendar year, the maximum over-order price applicable during the preceding year shall be adjusted by the Secretary to reflect changes for the 12-month period ending the preceding November 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor. (c) Application of over-order price and premium \n(1) Uniform prices \nIn the regulations establishing an over-order price, the Board shall provide for— (A) the payment of uniform prices to all eligible producers and associations of eligible producers delivering milk to all covered processors for all milk so delivered, irrespective of the uses made of the milk by an individual covered processor; or (B) the payment of uniform prices to all eligible producers and associations of eligible producers delivering milk to the same covered processor for all milk delivered by the eligible producers and associations to that covered processor. (2) Payment by covered processors \nAs provided in section 1516, the over-order premium applicable to the regulated area of a Region, determined on the basis of the over-order price established under subsection (a) for the regulated area, shall be paid by pool plants, partially regulated plants, and all other covered processors receiving milk from eligible producers located in a regulated area. (3) Legal obligation to pay price \nThe legal obligation to pay the over-order price shall be determined solely by the terms and purpose of the regulation establishing the price, without regard to the location of the transfer of title, possession, or any other factors not related to the purposes of the regulation and this chapter. (4) Producer-handlers \nA producer-handler (as defined in the applicable Federal milk marketing order) that sells not more 150,000 pounds of milk per month shall not be subject to an over-order price under this subsection or the payment of the resulting over-order premium. (d) Equalization pools \n(1) Over-order prices \nIn the case of regulations establishing an over-order price, the Board may establish 1 or more equalization pools within the regulated area for the sole purpose of equalizing returns to eligible producers throughout the regulated area. (2) Pooling and equalization of over-order prices \nFor purposes of the pooling and equalization of an over-order price— (A) the value of milk used in other use classifications shall be calculated at the appropriate class price established pursuant to the applicable Federal milk marketing order; and (B) the value of milk not covered by a Federal milk marketing order shall be calculated in relation to the nearest prevailing class price in accordance with and subject to such adjustments as the Board may prescribe by regulation. (e) Factors \nIn determining the amount of an over-order price to be established under this section, the Board shall consider— (1) the balance between production and consumption of milk and milk products in the regulated area; (2) the costs of milk production in the regulated area, including— (A) the price of feed, including the cost of hay, silage, pasture, and other forage; (B) the cost of labor, including the reasonable value of the eligible producer’s own labor and management; (C) machinery expenses; (D) interest expenses; and (E) other cash expenses, including the cost of hauling, veterinary services and medicine, bedding and litter, marketing, custom services and supplies, fuel, lubrication, electricity, machinery and building repairs, labor, association fees, and assessments; (3) the prevailing price for milk outside the regulated area; (4) the purchasing power of the public; and (5) the price necessary to yield a reasonable return to the eligible producer. (f) Producer settlement funds \nThe regulations shall require that the account of any person regulated under the over-order price shall be adjusted for any payments made to or received by the person with respect to a producer settlement fund of any Federal milk marketing order within the regulated area. 1516. Payments from covered processors \n(a) Payments required \nSubject to subsection (b), each covered processor that purchases Class I milk during a month that will be sold in the regulated area of a Region shall pay to the Secretary an amount equal to the product obtained by multiplying— (1) the over-order premium in effect for the regulated area for the month; by (2) the quantity of Class I milk so purchased from eligible producers during the month. (b) Reduction for any applicable equalization payments \nThe product obtained under subsection (a) for a covered processor for a month shall be reduced by any applicable equalization payments made for the same month by the covered processor pursuant to regulations issued under section 1517(a). (c) Deposit of payments in fund \nThe Secretary shall deposit amounts received under this section in the Fund. 1517. Optional provisions for pricing orders \n(a) Equalization payments \n(1) In general \nIn issuing regulations establishing an over-order price, the Board for a Region may include a provision to require persons that bring Class I milk into the regulated area of the Region to make equalization payments with respect to all such milk to the extent necessary to equalize the cost of milk purchased by covered processors subject to the over-order price. (2) Discrimination \nThe regulations shall not discriminate against milk producers outside the regulated area. (3) Amount \nThe regulations for equalization payments may require payment of the difference between— (A) the applicable over-order price; and (B) the Class I price required to be paid for the milk in the State of production by a Federal milk marketing order. (b) Partially regulated plants \nThe regulations issued by the Board for a Region may provide special provisions governing the pricing and pooling of milk handled by partially regulated plants. (c) Other provisions \nThe regulations issued by the Board for a Region may contain such other provisions and requirements as the Board determines are necessary or appropriate— (1) to effectuate the purposes of this chapter; and (2) to provide for the payment of fair and equitable minimum prices for milk sold by eligible producers. 1518. National Dairy Producers Fund \n(a) Establishment \nThere is established in the Treasury of the United States a revolving fund to be known as the National Dairy Producers Fund. The fund shall consist of the following: (1) Payments by covered processors required to be deposited in the Fund under section 1516(c). (2) The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund under subsection (d). (3) To the extent that amounts referred to in the preceding paragraphs are insufficient to carry out this chapter, funds of the Commodity Credit Corporation, which shall be transferred by the Secretary to the Fund to make up the short-fall. (b) Expenditures from fund \nOn request by the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary such amounts as the Secretary determines are necessary to carry out this chapter. (c) Investment of amounts \n(1) In general \nThe Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary, required to meet current operating requirements. (2) Investments \nInvestments may be made only in interest-bearing obligations of the United States. (3) Acquisition of obligations \nFor the purpose of investments under paragraph (1), obligations may be acquired— (A) on original issue at the issue price; or (B) by purchase of outstanding obligations at the market price. (4) Sale of obligations \nAny obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price. 1519. Compensation for administrative and increased food assistance costs \n(a) Administrative costs \n(1) Board assessment for administrative costs \nThe Board for a Region may impose and collect an assessment on covered processors operating in the regulated area of the Region to cover administrative costs incurred by the Board to carry out its duties under this chapter. The assessment amount may not exceed $0.03 per hundredweight. (2) Use of fund \nThe Secretary shall use amounts in the Fund to cover— (A) administrative costs incurred by the Secretary to carry out this chapter; and (B) any administrative costs incurred by the Boards not covered by the assessments imposed under paragraph (1). (b) Increased federal food assistance costs \nThe Secretary shall use amounts in the Fund to cover the increased cost of any milk and milk products that results from carrying out this chapter— (1) child nutrition programs (as defined in section 25(b) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769f(b) ); and (2) nutrition services provided through projects carried out under part C of title IV of the Older Americans Act of 1965 ( 42 U.S.C. 3030e et seq. ). (c) Increased state food assistance costs \nThe Secretary shall use amounts in the Fund to make payments to each participating State for the increased costs incurred by the participating State of any milk or milk products provided under the special supplemental nutrition program for women, infants, and children established by section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 ) that results from carrying out this chapter. (d) Compensation of commodity credit corporation for increased milk purchases \nAt the end of each month for which an over-order price is in effect for a Region, the Board of the Region shall compensate the Commodity Credit Corporation for the cost of any purchases of milk and milk products by the Corporation in the regulated area of the Region for that month resulting from a rate of increase in milk production for the month in the regulated area in excess of the national average rate of the increase in milk production over the 3-year period ending at the end of the preceding month, as determined by the Secretary. 1520. Use of fund to assist eligible producers \n(a) Provision of funds to boards \nThe Secretary shall use amounts in the Fund to make monthly payments to the Boards. (b) Amount \nThe amount of a payment made to a Board for a Region for the most recent month for which data are available shall be the greater of— (1) the amount of payments made by covered processors to the Fund under section 1516 for purchases of Class I milk that will be sold in the regulated area of the Region during the month; or (2) the amount obtained by multiplying— (A) a payment quantity equal to the total quantity of all milk produced in the regulated area of the Region during the month; (B) a payment rate equal to the over-order premium in effect for the regulated area for the month; and (C) 50 percent. (c) Payments to producers \nThe Board for a Region shall use amounts received under this section to make payments to eligible producers for all classes of milk that is produced in the regulated area of the Region. 1521. Producer referendum \n(a) Referendum required \nFor the purpose of ascertaining whether the issuance, amendment, or termination of regulations establishing an over-order price is approved by eligible producers in the regulated area of a Region, the Board for the Region shall conduct a referendum among such eligible producers. (b) Timing \nThe referendum shall be held in a timely manner, as determined by regulation of the Board. (c) Ballot content \n(1) In general \nThe terms and conditions of the proposed order or amendment shall be described by the Board in the ballot used in the referendum. (2) Actions \nThe nature, content, or extent of the description shall not be used a basis for attacking the legality of the order or any action relating to the order. (d) Approval \nAn order or amendment shall be considered approved by eligible producers if the Board determines that the order or amendment is approved by a majority of the voting eligible producers who, during a representative period determined by the Board, have been engaged in the production of milk the price of which would be regulated under the proposed order or amendment. (e) Cooperatives \n(1) In general \nSubject to paragraphs (2) through (6), for the purpose of a referendum, the Board shall consider the approval or disapproval by any cooperative association of eligible producers qualified under the Act entitled An Act to authorize association of producers of agricultural products (commonly known as the Capper-Volstead Act ) ( 7 U.S.C. 291 et seq. ) and engaged in marketing milk, or in rendering services for or advancing the interests of eligible producers, as the approval or disapproval of the eligible producers who are members or stockholders in, or under contract with, the cooperative association of eligible producers. (2) Common marketing agency \nNo cooperative that has been formed to act as a common marketing agency for both the cooperative and individual eligible producers shall be qualified to block vote for the cooperative or individual eligible producers. (3) Notification by cooperative \n(A) In general \nAny cooperative that is qualified to block vote shall, before submitting the approval or disapproval of the cooperative in any referendum, give prior written notice to each of the members of the cooperative as to whether and how the cooperative intends to cast the vote of the cooperative. (B) Administration \nThe notice shall be given in a timely manner as established, and in the form prescribed, by the Board. (4) Producer ballots \n(A) In general \nAny eligible producer may obtain a ballot from the Board in order to register approval or disapproval of the proposed order. (B) Ballots \nIf a cooperative provides notice to an eligible producer of the intent of the cooperative to approve or not approve a proposed order and the eligible producer casts a ballot that is contrary to the intent of the cooperative— (i) the eligible producer shall notify the Board as to the name of the cooperative of which the eligible producer is a member; and (ii) the Board shall— (I) remove the name of the eligible producer from the list certified by the cooperative of corporate vote of the cooperative; and (II) provide the eligible producer with an independent ballot that may be cast in the referendum. (5) Notification by Board \nIn order to ensure that all eligible producers are informed regarding the proposed order, the Board shall notify all eligible producers that— (A) an order is being considered; and (B) each eligible producer may register the approval or disapproval of the eligible producer with the Board directly or through the cooperative of the eligible producer. 1522. Enforcement with respect to covered processors \nIn the case of covered processors, the Board may enforce this chapter (including regulations establishing an over-order price and other regulations issued under this chapter) by— (1) commencing an action for legal or equitable relief brought in the name of the Board in Federal or State court of competent jurisdiction; (2) referral to the State agency for enforcement by judicial or administrative remedy with the agreement of the appropriate State agency of a participating State; or (3) bringing an action for an injunction to enforce this chapter, without being compelled to allege or prove that an adequate remedy of law does not exist..", "id": "H04685AEC345649ECA5C71604A6227E5B", "header": "Regional Dairy Marketing Areas", "nested": [], "links": [ { "text": "7 U.S.C. 7981 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/7981" }, { "text": "7 U.S.C. 7981", "legal-doc": "usc", "parsable-cite": "usc/7/7981" }, { "text": "7 U.S.C. 608c", "legal-doc": "usc", "parsable-cite": "usc/7/608c" }, { "text": "42 U.S.C. 1769f(b)", "legal-doc": "usc", "parsable-cite": "usc/42/1769f" }, { "text": "42 U.S.C. 3030e et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/3030e" }, { "text": "42 U.S.C. 1786", "legal-doc": "usc", "parsable-cite": "usc/42/1786" }, { "text": "7 U.S.C. 291 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/291" } ] }, { "text": "1511. Definitions \nIn this chapter: (1) Board \nThe term Board means the Regional Dairy Board established for a Region under section 1514. (2) Classes of milk \nThe terms Class I milk , Class II milk , Class III milk , and Class IV milk mean milk (including components of milk) classified as Class I, II, III, or IV milk, respectively, under a Federal milk marketing order. (3) Covered processor \nThe term covered processor means a person or entity operating— (A) a milk plant located in the regulated area of a Region; or (B) a milk plant that, while not located in the regulated area of a Region, distributes Class I milk products in a regulated area. (4) Eligible producer \n(A) The term eligible producer means an individual or entity that the Secretary determines directly or indirectly— (i) shares in the risk of producing milk; and (ii) makes contributions (including land, labor, management, equipment, or capital) to the dairy farming operation of the individual or entity that are at least commensurate with the share of the individual or entity of the proceeds of the operation. (B) The term does not include an individual or entity that elects under section 1512(c) to continue to receive national dairy market loss payments pursuant to a contract entered into under section 1502. (5) Fund \nThe term Fund means the National Dairy Producers Fund established under section 1518. (6) Federal milk marketing order \nThe term Federal milk marketing order means a Federal milk marketing order issued under section 8c of the Agricultural Adjustment Act ( 7 U.S.C. 608c ), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937. (7) Over-order premium \nThe term over-order premium means the difference between— (A) the over-order price established by the Board for the regulated area of a Region; and (B) the Class I milk price per hundredweight in Boston under the applicable Federal milk marketing order. (8) Over-order price \nThe term over-order price means the minimum price for Class I milk in the regulated area of a Region, as established by the Board by regulation under section 1515. (9) Partially regulated plant \n(A) The term partially regulated plant means— (i) a milk plant that, while not located in the regulated area of a Region, distributes Class I milk products in a regulated area; or (ii) a milk plant that, while located in the regulated area of a Region, distributes Class I milk products in the regulated area of a different Region. (B) The term does not include a milk plant described in subparagraph (A) that distributes less than a minimum quantity of Class I milk in the regulated area in which such distribution occurs, or derives less than a minimum quantity of receipts from such distribution. The Board for the regulated area in which such distribution occurs shall establish the minimum quantity of milk or receipts for purposes of this exclusion. (10) Participating state \nThe term participating State means a State that is designated as a participating State in a Region under section 1512. (11) Pool plant \nThe term pool plant means a milk plant located in the regulated area of a Region. (12) Region \nThe term Region means a Regional Dairy Marketing Area established under section 1513. (13) Regulated area \nThe term regulated area means that portion of a Region consisting of participating States. (14) Secretary \nThe term Secretary means the Secretary of Agriculture.", "id": "H5543B098B38349C581341B29D3FE001", "header": "Definitions", "nested": [], "links": [ { "text": "7 U.S.C. 608c", "legal-doc": "usc", "parsable-cite": "usc/7/608c" } ] }, { "text": "1512. Participating States \n(a) Designation of participating states \nFor the purpose of this chapter, the following States are participating States: (1) Each State in the Northeast, Southern, and Midwest Regions specified in section 1513. (2) Each State in a different Region specified in section 1513, if that State elects to become a participating State by providing to the Secretary written notice through the Governor of the State in accordance with State law. (b) Termination of participation \n(1) Method of termination \nTo terminate the designation of a State as a participating State in a Region, the Governor of the State (with the concurrence of the legislature of the State) shall submit written notice to the Secretary and the applicable Board of the termination. (2) Effective date of termination \n(A) Initial termination authority \nIf a State submits the written notice required by paragraph (1) before the end of the 30-day period beginning on the date of enactment of this chapter, the termination of the designation of the State as a participating State shall take effect 30 days after the date on which the notice was submitted. (B) Subsequent termination authority \nIf a State submits the written notice required by paragraph (1) after the end of the period specified in subparagraph (A), the termination of the designation of the State as a participating State shall take effect 1 year after the date on which notice was submitted. (3) Resumption of participation \nA State that terminates its designation as a participating State may restore, in the manner provided by State law, the designation of the State as a participating State. The Governor of the State shall provide written notice to the Secretary and the applicable Board of the decision to restore such designation, which shall take effect on the first day of the first month beginning after the Secretary receives the written notice. (c) Relation to national dairy market loss payments \n(1) Election of benefits \nIn the case of each eligible producer operating in a participating State that is also a party to a contract entered into under section 1502 to receive national dairy market loss payments, the Secretary shall give the producer a 60-day period within which to elect to terminate the contract and to instead receive payments under this chapter. The 60-day period for eligible producers in a State shall commence on the date on which the State is first designated as a participating State under subsection (a). (2) Effective date of termination \nIf an eligible producer elects to terminate a contract under section 1502, as authorized by paragraph (1), the termination shall take effect on the date on which payments are first made to eligible producers under section 1521 in the participating State in which the producer operates. (3) Protection during initial state termination period \nIf a State exercises the initial termination authority provided under subsection (b), any election made by an eligible producer in that State under paragraph (1) to terminate a contract under section 1502 shall not take effect. (4) Effect of election to continue contract \nAn eligible producer that does not elect to terminate a contract under section 1502, as authorized by paragraph (1), shall cease to be an eligible producer for the purpose of this chapter at the end of the period specified in such paragraph. The contract of such a producer shall terminate on September 30, 2005, notwithstanding any amendment to section 1502 to extend the duration of such contracts. After that date, the producer shall be ineligible for national dairy market loss payments under section 1502 and ineligible for payments under this chapter. (5) Effect of subsequent state termination or restoration of participation \nAn eligible producer operating in a State that terminates its designation as a participating State under subsection (b)(2)(B) shall be eligible to enter into a contract under section 1502 to receive national dairy market loss payments, but only if— (A) the producer is not ineligible to receive such payments under paragraph (4); and (B) the producer agrees to terminate the contract under section 1502 if the State in which the producer operates restores its designation as a participating State under subsection (b)(3).", "id": "HE98F5F25881248918F22B7EB00495D46", "header": "Participating States", "nested": [ { "text": "(a) Designation of participating states \nFor the purpose of this chapter, the following States are participating States: (1) Each State in the Northeast, Southern, and Midwest Regions specified in section 1513. (2) Each State in a different Region specified in section 1513, if that State elects to become a participating State by providing to the Secretary written notice through the Governor of the State in accordance with State law.", "id": "HBF7BF70100B742FF815BA0131B41EB44", "header": "Designation of participating states", "nested": [], "links": [] }, { "text": "(b) Termination of participation \n(1) Method of termination \nTo terminate the designation of a State as a participating State in a Region, the Governor of the State (with the concurrence of the legislature of the State) shall submit written notice to the Secretary and the applicable Board of the termination. (2) Effective date of termination \n(A) Initial termination authority \nIf a State submits the written notice required by paragraph (1) before the end of the 30-day period beginning on the date of enactment of this chapter, the termination of the designation of the State as a participating State shall take effect 30 days after the date on which the notice was submitted. (B) Subsequent termination authority \nIf a State submits the written notice required by paragraph (1) after the end of the period specified in subparagraph (A), the termination of the designation of the State as a participating State shall take effect 1 year after the date on which notice was submitted. (3) Resumption of participation \nA State that terminates its designation as a participating State may restore, in the manner provided by State law, the designation of the State as a participating State. The Governor of the State shall provide written notice to the Secretary and the applicable Board of the decision to restore such designation, which shall take effect on the first day of the first month beginning after the Secretary receives the written notice.", "id": "H8E38BFE0AD9B4E2B8565B72022576281", "header": "Termination of participation", "nested": [], "links": [] }, { "text": "(c) Relation to national dairy market loss payments \n(1) Election of benefits \nIn the case of each eligible producer operating in a participating State that is also a party to a contract entered into under section 1502 to receive national dairy market loss payments, the Secretary shall give the producer a 60-day period within which to elect to terminate the contract and to instead receive payments under this chapter. The 60-day period for eligible producers in a State shall commence on the date on which the State is first designated as a participating State under subsection (a). (2) Effective date of termination \nIf an eligible producer elects to terminate a contract under section 1502, as authorized by paragraph (1), the termination shall take effect on the date on which payments are first made to eligible producers under section 1521 in the participating State in which the producer operates. (3) Protection during initial state termination period \nIf a State exercises the initial termination authority provided under subsection (b), any election made by an eligible producer in that State under paragraph (1) to terminate a contract under section 1502 shall not take effect. (4) Effect of election to continue contract \nAn eligible producer that does not elect to terminate a contract under section 1502, as authorized by paragraph (1), shall cease to be an eligible producer for the purpose of this chapter at the end of the period specified in such paragraph. The contract of such a producer shall terminate on September 30, 2005, notwithstanding any amendment to section 1502 to extend the duration of such contracts. After that date, the producer shall be ineligible for national dairy market loss payments under section 1502 and ineligible for payments under this chapter. (5) Effect of subsequent state termination or restoration of participation \nAn eligible producer operating in a State that terminates its designation as a participating State under subsection (b)(2)(B) shall be eligible to enter into a contract under section 1502 to receive national dairy market loss payments, but only if— (A) the producer is not ineligible to receive such payments under paragraph (4); and (B) the producer agrees to terminate the contract under section 1502 if the State in which the producer operates restores its designation as a participating State under subsection (b)(3).", "id": "HBDD59DFB8FC74A78BC284D3F69B5324B", "header": "Relation to national dairy market loss payments", "nested": [], "links": [] } ], "links": [] }, { "text": "1513. Dairy marketing areas \nThere are established 5 Regional Dairy Marketing Areas to be composed of the following States, so long as the States are designated as participating States: (1) Northeast region \nA Northeast Dairy Marketing Area composed of the States of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, and Vermont. (2) Southern region \nA Southern Dairy Marketing Area composed of the States of Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Texas, Tennessee, Virginia, and West Virginia. (3) Midwest region \nA Midwest Dairy Marketing Area composed of the States of Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Nebraska, North Dakota, Ohio, South Dakota, and Wisconsin. (4) Intermountain region \nAn Intermountain Dairy Marketing Area composed of the States of Arizona, Colorado, Idaho, Montana, Nevada, New Mexico, Utah, and Wyoming. (5) Pacific region \nA Pacific Dairy Marketing Area composed of the States of Alaska, California, Hawaii, Oregon, and Washington.", "id": "HFF243C7B60D64F21AF877405BABADD1E", "header": "Dairy marketing areas", "nested": [], "links": [] }, { "text": "1514. Regional Dairy Boards \n(a) In general \nEach Region shall be administered by a Regional Dairy Board. (b) Composition \n(1) Number and appointment \nThe Board for a Region shall be composed of 3 members from each participating State in the Region, appointed by the Secretary from nominations submitted as provided in paragraph (2). (2) Nomination process \nThe members of the Board from a participating State shall be selected from at least 9 individuals nominated by the Governor of the State, except that, if the commissioner of the department of agriculture of the State is an elected position, the nominations for the State shall be made by the commissioner. The nominations shall be made in consultation with eligible producers and the dairy industry in the participating State. (3) Representation \nOf the members of the Board nominated and appointed to represent a participating State— (A) at least 1 member shall be an eligible producer in the State at the time of nomination and appointment; and (B) at least 1 member shall be a consumer representative. (c) Terms \n(1) In general \nExcept as provided in paragraph (2), each member of the Board shall serve for a term of 3 years. (2) Initial appointments \nOf the members first appointed to the Board from a participating State, the Secretary shall appoint— (A) 1 member to serve a term of 1 year; (B) 1 member to a term of 2 years; and (C) 1 member to a term of 3 years. (d) Voting \nThe members of the Board representing a participating State shall be entitled to cast only 1 vote on behalf of the participating State in any vote taken by members of the Board. (e) Powers \nIn carrying out this chapter in a Region, the Board for the Region is authorized— (1) to investigate, or provide for investigations or research projects designed to review, the laws of participating States in the Region— (A) to measure the impact of the laws on— (i) the production and marketing of milk; and (ii) the shipment of milk and milk products in the Region; and (B) to review the administration and costs of the laws (2) to study and recommend to participating States of the Region joint or cooperative programs for the administration of dairy marketing laws and to prepare estimates of cost savings and benefits of such programs; (3) to encourage harmonious relationships between the various elements of the dairy industry in the Region for the solution of material problems, including conducting symposia or conferences designed to improve dairy-industry relations; or resolve problems of the dairy industry; (4) to submit to participating States in the Region periodic reports on activities and programs of the Board; (5) to review the processing and marketing system for milk and milk products in the regulated area of the Region and to recommend changes in the system used for the production and distribution of milk to assist, improve, or promote more efficient production and distribution of milk; (6) to investigate costs and charges in the regulated area of the Region for producing, hauling, handling, processing, distributing, selling, and conducting all other services performed with respect to milk; (7) to examine— (A) economic forces affecting eligible producers in the Region; (B) probable trends in production and consumption of milk and milk products in the Region; (C) the level of dairy farm prices in relation to costs in the Region; (D) the financial condition of eligible producers in the Region; and (E) the need for an emergency order to relieve critical conditions on dairy farms in the regulated area; (8) to take such actions as may be necessary to manage any overproduction of milk in the regulated area of the Region, including the authority to develop and implement an incentive-based supply management program in addition to other actions to manage such overproduction; and (9) to issue such orders, promulgate such regulations, and take such other actions as are necessary to carry out this chapter in the regulated area of the Region. (f) Use of other agencies \nThe Board for a Region shall, to the maximum extent practicable, enter into agreements with Federal or State agencies for the exchange of information or services for the purpose of reducing regulatory burden and cost of administering this chapter. The Board may reimburse other agencies for the reasonable cost of providing the services. (g) Technical assistance \nAt the request of the Board, the administrator of a Federal milk marketing order shall provide technical assistance to the Board. The Board shall reimburse the administrator for the reasonable cost of providing the technical assistance.", "id": "H625FC8884671418C80E62F012E48F202", "header": "Regional Dairy Boards", "nested": [ { "text": "(a) In general \nEach Region shall be administered by a Regional Dairy Board.", "id": "HE0A43C4C28304F73B2B3033CABA1A4C6", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Composition \n(1) Number and appointment \nThe Board for a Region shall be composed of 3 members from each participating State in the Region, appointed by the Secretary from nominations submitted as provided in paragraph (2). (2) Nomination process \nThe members of the Board from a participating State shall be selected from at least 9 individuals nominated by the Governor of the State, except that, if the commissioner of the department of agriculture of the State is an elected position, the nominations for the State shall be made by the commissioner. The nominations shall be made in consultation with eligible producers and the dairy industry in the participating State. (3) Representation \nOf the members of the Board nominated and appointed to represent a participating State— (A) at least 1 member shall be an eligible producer in the State at the time of nomination and appointment; and (B) at least 1 member shall be a consumer representative.", "id": "H3C50498DEE7A4606ACBAFC82142FE90", "header": "Composition", "nested": [], "links": [] }, { "text": "(c) Terms \n(1) In general \nExcept as provided in paragraph (2), each member of the Board shall serve for a term of 3 years. (2) Initial appointments \nOf the members first appointed to the Board from a participating State, the Secretary shall appoint— (A) 1 member to serve a term of 1 year; (B) 1 member to a term of 2 years; and (C) 1 member to a term of 3 years.", "id": "H467727E576B14BD6BF469E00B4B5DC38", "header": "Terms", "nested": [], "links": [] }, { "text": "(d) Voting \nThe members of the Board representing a participating State shall be entitled to cast only 1 vote on behalf of the participating State in any vote taken by members of the Board.", "id": "HC75A17C11D3243CBB9282170C022CA", "header": "Voting", "nested": [], "links": [] }, { "text": "(e) Powers \nIn carrying out this chapter in a Region, the Board for the Region is authorized— (1) to investigate, or provide for investigations or research projects designed to review, the laws of participating States in the Region— (A) to measure the impact of the laws on— (i) the production and marketing of milk; and (ii) the shipment of milk and milk products in the Region; and (B) to review the administration and costs of the laws (2) to study and recommend to participating States of the Region joint or cooperative programs for the administration of dairy marketing laws and to prepare estimates of cost savings and benefits of such programs; (3) to encourage harmonious relationships between the various elements of the dairy industry in the Region for the solution of material problems, including conducting symposia or conferences designed to improve dairy-industry relations; or resolve problems of the dairy industry; (4) to submit to participating States in the Region periodic reports on activities and programs of the Board; (5) to review the processing and marketing system for milk and milk products in the regulated area of the Region and to recommend changes in the system used for the production and distribution of milk to assist, improve, or promote more efficient production and distribution of milk; (6) to investigate costs and charges in the regulated area of the Region for producing, hauling, handling, processing, distributing, selling, and conducting all other services performed with respect to milk; (7) to examine— (A) economic forces affecting eligible producers in the Region; (B) probable trends in production and consumption of milk and milk products in the Region; (C) the level of dairy farm prices in relation to costs in the Region; (D) the financial condition of eligible producers in the Region; and (E) the need for an emergency order to relieve critical conditions on dairy farms in the regulated area; (8) to take such actions as may be necessary to manage any overproduction of milk in the regulated area of the Region, including the authority to develop and implement an incentive-based supply management program in addition to other actions to manage such overproduction; and (9) to issue such orders, promulgate such regulations, and take such other actions as are necessary to carry out this chapter in the regulated area of the Region.", "id": "H05FD22DE72BF435E8EFFA4B3FBF67CC5", "header": "Powers", "nested": [], "links": [] }, { "text": "(f) Use of other agencies \nThe Board for a Region shall, to the maximum extent practicable, enter into agreements with Federal or State agencies for the exchange of information or services for the purpose of reducing regulatory burden and cost of administering this chapter. The Board may reimburse other agencies for the reasonable cost of providing the services.", "id": "HE6CEAF92441A48C6B6F905B26353618", "header": "Use of other agencies", "nested": [], "links": [] }, { "text": "(g) Technical assistance \nAt the request of the Board, the administrator of a Federal milk marketing order shall provide technical assistance to the Board. The Board shall reimburse the administrator for the reasonable cost of providing the technical assistance.", "id": "H1013D17F315F41CBB1F7F0900CBAC00", "header": "Technical assistance", "nested": [], "links": [] } ], "links": [] }, { "text": "1515. Establishment of over-order price for sale of Class I milk \n(a) Authority to establish over-order price \nSubject to subsection (b), the Board for a Region may establish, by regulation, an over-order price for the sale of Class I milk in the regulated area of a Region that— (1) is higher than the price for Class I milk established under Federal milk marketing orders operating in the regulated area; and (2) is higher than the price for fluid milk otherwise applicable in any portion of the regulated area not covered by a Federal milk marketing order. (b) Maximum authorized over-order price \nDuring the beginning on the date of the enactment of this chapter and ending on December 31, 2005, an over-order price established under subsection (a) may not exceed $17.50 per hundredweight. For each subsequent calendar year, the maximum over-order price applicable during the preceding year shall be adjusted by the Secretary to reflect changes for the 12-month period ending the preceding November 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor. (c) Application of over-order price and premium \n(1) Uniform prices \nIn the regulations establishing an over-order price, the Board shall provide for— (A) the payment of uniform prices to all eligible producers and associations of eligible producers delivering milk to all covered processors for all milk so delivered, irrespective of the uses made of the milk by an individual covered processor; or (B) the payment of uniform prices to all eligible producers and associations of eligible producers delivering milk to the same covered processor for all milk delivered by the eligible producers and associations to that covered processor. (2) Payment by covered processors \nAs provided in section 1516, the over-order premium applicable to the regulated area of a Region, determined on the basis of the over-order price established under subsection (a) for the regulated area, shall be paid by pool plants, partially regulated plants, and all other covered processors receiving milk from eligible producers located in a regulated area. (3) Legal obligation to pay price \nThe legal obligation to pay the over-order price shall be determined solely by the terms and purpose of the regulation establishing the price, without regard to the location of the transfer of title, possession, or any other factors not related to the purposes of the regulation and this chapter. (4) Producer-handlers \nA producer-handler (as defined in the applicable Federal milk marketing order) that sells not more 150,000 pounds of milk per month shall not be subject to an over-order price under this subsection or the payment of the resulting over-order premium. (d) Equalization pools \n(1) Over-order prices \nIn the case of regulations establishing an over-order price, the Board may establish 1 or more equalization pools within the regulated area for the sole purpose of equalizing returns to eligible producers throughout the regulated area. (2) Pooling and equalization of over-order prices \nFor purposes of the pooling and equalization of an over-order price— (A) the value of milk used in other use classifications shall be calculated at the appropriate class price established pursuant to the applicable Federal milk marketing order; and (B) the value of milk not covered by a Federal milk marketing order shall be calculated in relation to the nearest prevailing class price in accordance with and subject to such adjustments as the Board may prescribe by regulation. (e) Factors \nIn determining the amount of an over-order price to be established under this section, the Board shall consider— (1) the balance between production and consumption of milk and milk products in the regulated area; (2) the costs of milk production in the regulated area, including— (A) the price of feed, including the cost of hay, silage, pasture, and other forage; (B) the cost of labor, including the reasonable value of the eligible producer’s own labor and management; (C) machinery expenses; (D) interest expenses; and (E) other cash expenses, including the cost of hauling, veterinary services and medicine, bedding and litter, marketing, custom services and supplies, fuel, lubrication, electricity, machinery and building repairs, labor, association fees, and assessments; (3) the prevailing price for milk outside the regulated area; (4) the purchasing power of the public; and (5) the price necessary to yield a reasonable return to the eligible producer. (f) Producer settlement funds \nThe regulations shall require that the account of any person regulated under the over-order price shall be adjusted for any payments made to or received by the person with respect to a producer settlement fund of any Federal milk marketing order within the regulated area.", "id": "H0279ED83AF744D0198498FA308D41356", "header": "Establishment of over-order price for sale of Class I milk", "nested": [ { "text": "(a) Authority to establish over-order price \nSubject to subsection (b), the Board for a Region may establish, by regulation, an over-order price for the sale of Class I milk in the regulated area of a Region that— (1) is higher than the price for Class I milk established under Federal milk marketing orders operating in the regulated area; and (2) is higher than the price for fluid milk otherwise applicable in any portion of the regulated area not covered by a Federal milk marketing order.", "id": "HFD6E63DA584844D0B3C800AFF047602", "header": "Authority to establish over-order price", "nested": [], "links": [] }, { "text": "(b) Maximum authorized over-order price \nDuring the beginning on the date of the enactment of this chapter and ending on December 31, 2005, an over-order price established under subsection (a) may not exceed $17.50 per hundredweight. For each subsequent calendar year, the maximum over-order price applicable during the preceding year shall be adjusted by the Secretary to reflect changes for the 12-month period ending the preceding November 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.", "id": "H87DDE089C4EF4C558019F62CBB7FFAC1", "header": "Maximum authorized over-order price", "nested": [], "links": [] }, { "text": "(c) Application of over-order price and premium \n(1) Uniform prices \nIn the regulations establishing an over-order price, the Board shall provide for— (A) the payment of uniform prices to all eligible producers and associations of eligible producers delivering milk to all covered processors for all milk so delivered, irrespective of the uses made of the milk by an individual covered processor; or (B) the payment of uniform prices to all eligible producers and associations of eligible producers delivering milk to the same covered processor for all milk delivered by the eligible producers and associations to that covered processor. (2) Payment by covered processors \nAs provided in section 1516, the over-order premium applicable to the regulated area of a Region, determined on the basis of the over-order price established under subsection (a) for the regulated area, shall be paid by pool plants, partially regulated plants, and all other covered processors receiving milk from eligible producers located in a regulated area. (3) Legal obligation to pay price \nThe legal obligation to pay the over-order price shall be determined solely by the terms and purpose of the regulation establishing the price, without regard to the location of the transfer of title, possession, or any other factors not related to the purposes of the regulation and this chapter. (4) Producer-handlers \nA producer-handler (as defined in the applicable Federal milk marketing order) that sells not more 150,000 pounds of milk per month shall not be subject to an over-order price under this subsection or the payment of the resulting over-order premium.", "id": "H14D20E136EA14BB8BDF7269DBBB7D800", "header": "Application of over-order price and premium", "nested": [], "links": [] }, { "text": "(d) Equalization pools \n(1) Over-order prices \nIn the case of regulations establishing an over-order price, the Board may establish 1 or more equalization pools within the regulated area for the sole purpose of equalizing returns to eligible producers throughout the regulated area. (2) Pooling and equalization of over-order prices \nFor purposes of the pooling and equalization of an over-order price— (A) the value of milk used in other use classifications shall be calculated at the appropriate class price established pursuant to the applicable Federal milk marketing order; and (B) the value of milk not covered by a Federal milk marketing order shall be calculated in relation to the nearest prevailing class price in accordance with and subject to such adjustments as the Board may prescribe by regulation.", "id": "H7DD5C9F048BD4E83806576322D9222FD", "header": "Equalization pools", "nested": [], "links": [] }, { "text": "(e) Factors \nIn determining the amount of an over-order price to be established under this section, the Board shall consider— (1) the balance between production and consumption of milk and milk products in the regulated area; (2) the costs of milk production in the regulated area, including— (A) the price of feed, including the cost of hay, silage, pasture, and other forage; (B) the cost of labor, including the reasonable value of the eligible producer’s own labor and management; (C) machinery expenses; (D) interest expenses; and (E) other cash expenses, including the cost of hauling, veterinary services and medicine, bedding and litter, marketing, custom services and supplies, fuel, lubrication, electricity, machinery and building repairs, labor, association fees, and assessments; (3) the prevailing price for milk outside the regulated area; (4) the purchasing power of the public; and (5) the price necessary to yield a reasonable return to the eligible producer.", "id": "H26B738D0C4734B05BF457F9572E9B74", "header": "Factors", "nested": [], "links": [] }, { "text": "(f) Producer settlement funds \nThe regulations shall require that the account of any person regulated under the over-order price shall be adjusted for any payments made to or received by the person with respect to a producer settlement fund of any Federal milk marketing order within the regulated area.", "id": "H5F0B0A3537C74D46BCA505637C988594", "header": "Producer settlement funds", "nested": [], "links": [] } ], "links": [] }, { "text": "1516. Payments from covered processors \n(a) Payments required \nSubject to subsection (b), each covered processor that purchases Class I milk during a month that will be sold in the regulated area of a Region shall pay to the Secretary an amount equal to the product obtained by multiplying— (1) the over-order premium in effect for the regulated area for the month; by (2) the quantity of Class I milk so purchased from eligible producers during the month. (b) Reduction for any applicable equalization payments \nThe product obtained under subsection (a) for a covered processor for a month shall be reduced by any applicable equalization payments made for the same month by the covered processor pursuant to regulations issued under section 1517(a). (c) Deposit of payments in fund \nThe Secretary shall deposit amounts received under this section in the Fund.", "id": "HB25E84FE8A534E3D9C2359D43261B7D4", "header": "Payments from covered processors", "nested": [ { "text": "(a) Payments required \nSubject to subsection (b), each covered processor that purchases Class I milk during a month that will be sold in the regulated area of a Region shall pay to the Secretary an amount equal to the product obtained by multiplying— (1) the over-order premium in effect for the regulated area for the month; by (2) the quantity of Class I milk so purchased from eligible producers during the month.", "id": "HD0E9E01589EC47F7A564BD2F9367CE5", "header": "Payments required", "nested": [], "links": [] }, { "text": "(b) Reduction for any applicable equalization payments \nThe product obtained under subsection (a) for a covered processor for a month shall be reduced by any applicable equalization payments made for the same month by the covered processor pursuant to regulations issued under section 1517(a).", "id": "HCCDADEECEA0645A19F358EDABCCA607", "header": "Reduction for any applicable equalization payments", "nested": [], "links": [] }, { "text": "(c) Deposit of payments in fund \nThe Secretary shall deposit amounts received under this section in the Fund.", "id": "HECF973E00501410081CF8538F06C6000", "header": "Deposit of payments in fund", "nested": [], "links": [] } ], "links": [] }, { "text": "1517. Optional provisions for pricing orders \n(a) Equalization payments \n(1) In general \nIn issuing regulations establishing an over-order price, the Board for a Region may include a provision to require persons that bring Class I milk into the regulated area of the Region to make equalization payments with respect to all such milk to the extent necessary to equalize the cost of milk purchased by covered processors subject to the over-order price. (2) Discrimination \nThe regulations shall not discriminate against milk producers outside the regulated area. (3) Amount \nThe regulations for equalization payments may require payment of the difference between— (A) the applicable over-order price; and (B) the Class I price required to be paid for the milk in the State of production by a Federal milk marketing order. (b) Partially regulated plants \nThe regulations issued by the Board for a Region may provide special provisions governing the pricing and pooling of milk handled by partially regulated plants. (c) Other provisions \nThe regulations issued by the Board for a Region may contain such other provisions and requirements as the Board determines are necessary or appropriate— (1) to effectuate the purposes of this chapter; and (2) to provide for the payment of fair and equitable minimum prices for milk sold by eligible producers.", "id": "H2567A081C8444D09A0D83C589F2D94AC", "header": "Optional provisions for pricing orders", "nested": [ { "text": "(a) Equalization payments \n(1) In general \nIn issuing regulations establishing an over-order price, the Board for a Region may include a provision to require persons that bring Class I milk into the regulated area of the Region to make equalization payments with respect to all such milk to the extent necessary to equalize the cost of milk purchased by covered processors subject to the over-order price. (2) Discrimination \nThe regulations shall not discriminate against milk producers outside the regulated area. (3) Amount \nThe regulations for equalization payments may require payment of the difference between— (A) the applicable over-order price; and (B) the Class I price required to be paid for the milk in the State of production by a Federal milk marketing order.", "id": "HD241FF60ED904829ACE218111CFCD65E", "header": "Equalization payments", "nested": [], "links": [] }, { "text": "(b) Partially regulated plants \nThe regulations issued by the Board for a Region may provide special provisions governing the pricing and pooling of milk handled by partially regulated plants.", "id": "H86B1D86B24EC40EDBF9116864F619EC6", "header": "Partially regulated plants", "nested": [], "links": [] }, { "text": "(c) Other provisions \nThe regulations issued by the Board for a Region may contain such other provisions and requirements as the Board determines are necessary or appropriate— (1) to effectuate the purposes of this chapter; and (2) to provide for the payment of fair and equitable minimum prices for milk sold by eligible producers.", "id": "H811D693D6BEE4C08009CB5D37260088", "header": "Other provisions", "nested": [], "links": [] } ], "links": [] }, { "text": "1518. National Dairy Producers Fund \n(a) Establishment \nThere is established in the Treasury of the United States a revolving fund to be known as the National Dairy Producers Fund. The fund shall consist of the following: (1) Payments by covered processors required to be deposited in the Fund under section 1516(c). (2) The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund under subsection (d). (3) To the extent that amounts referred to in the preceding paragraphs are insufficient to carry out this chapter, funds of the Commodity Credit Corporation, which shall be transferred by the Secretary to the Fund to make up the short-fall. (b) Expenditures from fund \nOn request by the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary such amounts as the Secretary determines are necessary to carry out this chapter. (c) Investment of amounts \n(1) In general \nThe Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary, required to meet current operating requirements. (2) Investments \nInvestments may be made only in interest-bearing obligations of the United States. (3) Acquisition of obligations \nFor the purpose of investments under paragraph (1), obligations may be acquired— (A) on original issue at the issue price; or (B) by purchase of outstanding obligations at the market price. (4) Sale of obligations \nAny obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price.", "id": "HCBC2BEE336014921B479921B769F309D", "header": "National Dairy Producers Fund", "nested": [ { "text": "(a) Establishment \nThere is established in the Treasury of the United States a revolving fund to be known as the National Dairy Producers Fund. The fund shall consist of the following: (1) Payments by covered processors required to be deposited in the Fund under section 1516(c). (2) The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund under subsection (d). (3) To the extent that amounts referred to in the preceding paragraphs are insufficient to carry out this chapter, funds of the Commodity Credit Corporation, which shall be transferred by the Secretary to the Fund to make up the short-fall.", "id": "HE199DD7600034A4FAF2BB76BF00006D", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Expenditures from fund \nOn request by the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary such amounts as the Secretary determines are necessary to carry out this chapter.", "id": "H01E0D72BA49348D8A300FADCFA910160", "header": "Expenditures from fund", "nested": [], "links": [] }, { "text": "(c) Investment of amounts \n(1) In general \nThe Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary, required to meet current operating requirements. (2) Investments \nInvestments may be made only in interest-bearing obligations of the United States. (3) Acquisition of obligations \nFor the purpose of investments under paragraph (1), obligations may be acquired— (A) on original issue at the issue price; or (B) by purchase of outstanding obligations at the market price. (4) Sale of obligations \nAny obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price.", "id": "H4AA7EC09B5BB47BBB100848EC10592A", "header": "Investment of amounts", "nested": [], "links": [] } ], "links": [] }, { "text": "1519. Compensation for administrative and increased food assistance costs \n(a) Administrative costs \n(1) Board assessment for administrative costs \nThe Board for a Region may impose and collect an assessment on covered processors operating in the regulated area of the Region to cover administrative costs incurred by the Board to carry out its duties under this chapter. The assessment amount may not exceed $0.03 per hundredweight. (2) Use of fund \nThe Secretary shall use amounts in the Fund to cover— (A) administrative costs incurred by the Secretary to carry out this chapter; and (B) any administrative costs incurred by the Boards not covered by the assessments imposed under paragraph (1). (b) Increased federal food assistance costs \nThe Secretary shall use amounts in the Fund to cover the increased cost of any milk and milk products that results from carrying out this chapter— (1) child nutrition programs (as defined in section 25(b) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769f(b) ); and (2) nutrition services provided through projects carried out under part C of title IV of the Older Americans Act of 1965 ( 42 U.S.C. 3030e et seq. ). (c) Increased state food assistance costs \nThe Secretary shall use amounts in the Fund to make payments to each participating State for the increased costs incurred by the participating State of any milk or milk products provided under the special supplemental nutrition program for women, infants, and children established by section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 ) that results from carrying out this chapter. (d) Compensation of commodity credit corporation for increased milk purchases \nAt the end of each month for which an over-order price is in effect for a Region, the Board of the Region shall compensate the Commodity Credit Corporation for the cost of any purchases of milk and milk products by the Corporation in the regulated area of the Region for that month resulting from a rate of increase in milk production for the month in the regulated area in excess of the national average rate of the increase in milk production over the 3-year period ending at the end of the preceding month, as determined by the Secretary.", "id": "H8B0F788696A544FBB3F1E4AF6C655E00", "header": "Compensation for administrative and increased food assistance costs", "nested": [ { "text": "(a) Administrative costs \n(1) Board assessment for administrative costs \nThe Board for a Region may impose and collect an assessment on covered processors operating in the regulated area of the Region to cover administrative costs incurred by the Board to carry out its duties under this chapter. The assessment amount may not exceed $0.03 per hundredweight. (2) Use of fund \nThe Secretary shall use amounts in the Fund to cover— (A) administrative costs incurred by the Secretary to carry out this chapter; and (B) any administrative costs incurred by the Boards not covered by the assessments imposed under paragraph (1).", "id": "HC1BF349DCF444C9E993FA3826E845811", "header": "Administrative costs", "nested": [], "links": [] }, { "text": "(b) Increased federal food assistance costs \nThe Secretary shall use amounts in the Fund to cover the increased cost of any milk and milk products that results from carrying out this chapter— (1) child nutrition programs (as defined in section 25(b) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769f(b) ); and (2) nutrition services provided through projects carried out under part C of title IV of the Older Americans Act of 1965 ( 42 U.S.C. 3030e et seq. ).", "id": "H883E99BCA10A4FE8ABD1A984ECB14036", "header": "Increased federal food assistance costs", "nested": [], "links": [ { "text": "42 U.S.C. 1769f(b)", "legal-doc": "usc", "parsable-cite": "usc/42/1769f" }, { "text": "42 U.S.C. 3030e et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/3030e" } ] }, { "text": "(c) Increased state food assistance costs \nThe Secretary shall use amounts in the Fund to make payments to each participating State for the increased costs incurred by the participating State of any milk or milk products provided under the special supplemental nutrition program for women, infants, and children established by section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 ) that results from carrying out this chapter.", "id": "HB79288E6E655460ABEB5EE083C68FEE4", "header": "Increased state food assistance costs", "nested": [], "links": [ { "text": "42 U.S.C. 1786", "legal-doc": "usc", "parsable-cite": "usc/42/1786" } ] }, { "text": "(d) Compensation of commodity credit corporation for increased milk purchases \nAt the end of each month for which an over-order price is in effect for a Region, the Board of the Region shall compensate the Commodity Credit Corporation for the cost of any purchases of milk and milk products by the Corporation in the regulated area of the Region for that month resulting from a rate of increase in milk production for the month in the regulated area in excess of the national average rate of the increase in milk production over the 3-year period ending at the end of the preceding month, as determined by the Secretary.", "id": "HC91D27C4347048289C8C73399FB5A511", "header": "Compensation of commodity credit corporation for increased milk purchases", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1769f(b)", "legal-doc": "usc", "parsable-cite": "usc/42/1769f" }, { "text": "42 U.S.C. 3030e et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/3030e" }, { "text": "42 U.S.C. 1786", "legal-doc": "usc", "parsable-cite": "usc/42/1786" } ] }, { "text": "1520. Use of fund to assist eligible producers \n(a) Provision of funds to boards \nThe Secretary shall use amounts in the Fund to make monthly payments to the Boards. (b) Amount \nThe amount of a payment made to a Board for a Region for the most recent month for which data are available shall be the greater of— (1) the amount of payments made by covered processors to the Fund under section 1516 for purchases of Class I milk that will be sold in the regulated area of the Region during the month; or (2) the amount obtained by multiplying— (A) a payment quantity equal to the total quantity of all milk produced in the regulated area of the Region during the month; (B) a payment rate equal to the over-order premium in effect for the regulated area for the month; and (C) 50 percent. (c) Payments to producers \nThe Board for a Region shall use amounts received under this section to make payments to eligible producers for all classes of milk that is produced in the regulated area of the Region.", "id": "HC2806DDBCB6B48F785E4005C7C83CB2F", "header": "Use of fund to assist eligible producers", "nested": [ { "text": "(a) Provision of funds to boards \nThe Secretary shall use amounts in the Fund to make monthly payments to the Boards.", "id": "H343DEA3CCDF440099ED2FEF0C0690657", "header": "Provision of funds to boards", "nested": [], "links": [] }, { "text": "(b) Amount \nThe amount of a payment made to a Board for a Region for the most recent month for which data are available shall be the greater of— (1) the amount of payments made by covered processors to the Fund under section 1516 for purchases of Class I milk that will be sold in the regulated area of the Region during the month; or (2) the amount obtained by multiplying— (A) a payment quantity equal to the total quantity of all milk produced in the regulated area of the Region during the month; (B) a payment rate equal to the over-order premium in effect for the regulated area for the month; and (C) 50 percent.", "id": "H576F2A2C4D0C47768175238840B54263", "header": "Amount", "nested": [], "links": [] }, { "text": "(c) Payments to producers \nThe Board for a Region shall use amounts received under this section to make payments to eligible producers for all classes of milk that is produced in the regulated area of the Region.", "id": "H934BA21C68D1434AA800C3E9B581C61", "header": "Payments to producers", "nested": [], "links": [] } ], "links": [] }, { "text": "1521. Producer referendum \n(a) Referendum required \nFor the purpose of ascertaining whether the issuance, amendment, or termination of regulations establishing an over-order price is approved by eligible producers in the regulated area of a Region, the Board for the Region shall conduct a referendum among such eligible producers. (b) Timing \nThe referendum shall be held in a timely manner, as determined by regulation of the Board. (c) Ballot content \n(1) In general \nThe terms and conditions of the proposed order or amendment shall be described by the Board in the ballot used in the referendum. (2) Actions \nThe nature, content, or extent of the description shall not be used a basis for attacking the legality of the order or any action relating to the order. (d) Approval \nAn order or amendment shall be considered approved by eligible producers if the Board determines that the order or amendment is approved by a majority of the voting eligible producers who, during a representative period determined by the Board, have been engaged in the production of milk the price of which would be regulated under the proposed order or amendment. (e) Cooperatives \n(1) In general \nSubject to paragraphs (2) through (6), for the purpose of a referendum, the Board shall consider the approval or disapproval by any cooperative association of eligible producers qualified under the Act entitled An Act to authorize association of producers of agricultural products (commonly known as the Capper-Volstead Act ) ( 7 U.S.C. 291 et seq. ) and engaged in marketing milk, or in rendering services for or advancing the interests of eligible producers, as the approval or disapproval of the eligible producers who are members or stockholders in, or under contract with, the cooperative association of eligible producers. (2) Common marketing agency \nNo cooperative that has been formed to act as a common marketing agency for both the cooperative and individual eligible producers shall be qualified to block vote for the cooperative or individual eligible producers. (3) Notification by cooperative \n(A) In general \nAny cooperative that is qualified to block vote shall, before submitting the approval or disapproval of the cooperative in any referendum, give prior written notice to each of the members of the cooperative as to whether and how the cooperative intends to cast the vote of the cooperative. (B) Administration \nThe notice shall be given in a timely manner as established, and in the form prescribed, by the Board. (4) Producer ballots \n(A) In general \nAny eligible producer may obtain a ballot from the Board in order to register approval or disapproval of the proposed order. (B) Ballots \nIf a cooperative provides notice to an eligible producer of the intent of the cooperative to approve or not approve a proposed order and the eligible producer casts a ballot that is contrary to the intent of the cooperative— (i) the eligible producer shall notify the Board as to the name of the cooperative of which the eligible producer is a member; and (ii) the Board shall— (I) remove the name of the eligible producer from the list certified by the cooperative of corporate vote of the cooperative; and (II) provide the eligible producer with an independent ballot that may be cast in the referendum. (5) Notification by Board \nIn order to ensure that all eligible producers are informed regarding the proposed order, the Board shall notify all eligible producers that— (A) an order is being considered; and (B) each eligible producer may register the approval or disapproval of the eligible producer with the Board directly or through the cooperative of the eligible producer.", "id": "HBC79AD228C18430D8B00DFD4DA63B9E", "header": "Producer referendum", "nested": [ { "text": "(a) Referendum required \nFor the purpose of ascertaining whether the issuance, amendment, or termination of regulations establishing an over-order price is approved by eligible producers in the regulated area of a Region, the Board for the Region shall conduct a referendum among such eligible producers.", "id": "H4DE7790A11AA46238114000093379306", "header": "Referendum required", "nested": [], "links": [] }, { "text": "(b) Timing \nThe referendum shall be held in a timely manner, as determined by regulation of the Board.", "id": "H9983458975D241D3818087A6D104814", "header": "Timing", "nested": [], "links": [] }, { "text": "(c) Ballot content \n(1) In general \nThe terms and conditions of the proposed order or amendment shall be described by the Board in the ballot used in the referendum. (2) Actions \nThe nature, content, or extent of the description shall not be used a basis for attacking the legality of the order or any action relating to the order.", "id": "H64127A7267AC4E9AAE757BDBC2368101", "header": "Ballot content", "nested": [], "links": [] }, { "text": "(d) Approval \nAn order or amendment shall be considered approved by eligible producers if the Board determines that the order or amendment is approved by a majority of the voting eligible producers who, during a representative period determined by the Board, have been engaged in the production of milk the price of which would be regulated under the proposed order or amendment.", "id": "HE46192D076DF4B49B5B583F315147E79", "header": "Approval", "nested": [], "links": [] }, { "text": "(e) Cooperatives \n(1) In general \nSubject to paragraphs (2) through (6), for the purpose of a referendum, the Board shall consider the approval or disapproval by any cooperative association of eligible producers qualified under the Act entitled An Act to authorize association of producers of agricultural products (commonly known as the Capper-Volstead Act ) ( 7 U.S.C. 291 et seq. ) and engaged in marketing milk, or in rendering services for or advancing the interests of eligible producers, as the approval or disapproval of the eligible producers who are members or stockholders in, or under contract with, the cooperative association of eligible producers. (2) Common marketing agency \nNo cooperative that has been formed to act as a common marketing agency for both the cooperative and individual eligible producers shall be qualified to block vote for the cooperative or individual eligible producers. (3) Notification by cooperative \n(A) In general \nAny cooperative that is qualified to block vote shall, before submitting the approval or disapproval of the cooperative in any referendum, give prior written notice to each of the members of the cooperative as to whether and how the cooperative intends to cast the vote of the cooperative. (B) Administration \nThe notice shall be given in a timely manner as established, and in the form prescribed, by the Board. (4) Producer ballots \n(A) In general \nAny eligible producer may obtain a ballot from the Board in order to register approval or disapproval of the proposed order. (B) Ballots \nIf a cooperative provides notice to an eligible producer of the intent of the cooperative to approve or not approve a proposed order and the eligible producer casts a ballot that is contrary to the intent of the cooperative— (i) the eligible producer shall notify the Board as to the name of the cooperative of which the eligible producer is a member; and (ii) the Board shall— (I) remove the name of the eligible producer from the list certified by the cooperative of corporate vote of the cooperative; and (II) provide the eligible producer with an independent ballot that may be cast in the referendum. (5) Notification by Board \nIn order to ensure that all eligible producers are informed regarding the proposed order, the Board shall notify all eligible producers that— (A) an order is being considered; and (B) each eligible producer may register the approval or disapproval of the eligible producer with the Board directly or through the cooperative of the eligible producer.", "id": "HB947A2AB491F42CE8BF64474C3399214", "header": "Cooperatives", "nested": [], "links": [ { "text": "7 U.S.C. 291 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/291" } ] } ], "links": [ { "text": "7 U.S.C. 291 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/291" } ] }, { "text": "1522. Enforcement with respect to covered processors \nIn the case of covered processors, the Board may enforce this chapter (including regulations establishing an over-order price and other regulations issued under this chapter) by— (1) commencing an action for legal or equitable relief brought in the name of the Board in Federal or State court of competent jurisdiction; (2) referral to the State agency for enforcement by judicial or administrative remedy with the agreement of the appropriate State agency of a participating State; or (3) bringing an action for an injunction to enforce this chapter, without being compelled to allege or prove that an adequate remedy of law does not exist.", "id": "HBBA26A7082664E82B3210093E62EC816", "header": "Enforcement with respect to covered processors", "nested": [], "links": [] }, { "text": "3. National dairy market loss payments \nSection 1502 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 7982 ) is amended by striking 2005 each place it appears in subsections (f) and (g)(1) and inserting 2007.", "id": "HB3388AA859E44692A35EFE1170568EB0", "header": "National dairy market loss payments", "nested": [], "links": [ { "text": "7 U.S.C. 7982", "legal-doc": "usc", "parsable-cite": "usc/7/7982" } ] } ]

[ "Agriculture Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Reading Failure Prevention Act of 2004.", "id": "H030D82808FDC477795A03291ED5D37D9", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Grants for screening to prevent reading failure \n(a) Grants \nThe Secretary of Education may make grants to States to establish statewide screening programs for children who are 5 to 7 years of age for the prevention of reading failure. (b) Use of funds \nThe Secretary may not make a grant to a State under this section unless the State agrees to use the grant for the following: (1) Development and implementation of a statewide screening program for children who are 5 to 7 years of age to prevent reading failure by screening such children for traits that indicate the children have dyslexia or are otherwise at risk of reading failure. (2) Providing adequate professional development for personnel who administer screening programs under this section. (c) Determination of traits \nThe Secretary, using reliable, replicated, and scientifically based research, shall enumerate specific traits that may be screened under this section to determine whether a child has dyslexia or is otherwise at risk of reading failure. (d) Application \nTo seek a grant under this section, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (e) Definitions \nIn this section: (1) The term Secretary means the Secretary of Education. (2) The term State includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, and any other territory or possession of the United States.", "id": "H72B24F9DD6A34A8889AECA2E2FA91DAA", "header": "Grants for screening to prevent reading failure", "nested": [ { "text": "(a) Grants \nThe Secretary of Education may make grants to States to establish statewide screening programs for children who are 5 to 7 years of age for the prevention of reading failure.", "id": "H047BC2112FBB49E3826EB72507D206D1", "header": "Grants", "nested": [], "links": [] }, { "text": "(b) Use of funds \nThe Secretary may not make a grant to a State under this section unless the State agrees to use the grant for the following: (1) Development and implementation of a statewide screening program for children who are 5 to 7 years of age to prevent reading failure by screening such children for traits that indicate the children have dyslexia or are otherwise at risk of reading failure. (2) Providing adequate professional development for personnel who administer screening programs under this section.", "id": "HA59F28141F7A4255A5B818C7A3D6D88F", "header": "Use of funds", "nested": [], "links": [] }, { "text": "(c) Determination of traits \nThe Secretary, using reliable, replicated, and scientifically based research, shall enumerate specific traits that may be screened under this section to determine whether a child has dyslexia or is otherwise at risk of reading failure.", "id": "H92BBED9BBA974390A44B038E73374EF6", "header": "Determination of traits", "nested": [], "links": [] }, { "text": "(d) Application \nTo seek a grant under this section, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require.", "id": "H02355C2281DF40A59E9C7C312FDFAC8F", "header": "Application", "nested": [], "links": [] }, { "text": "(e) Definitions \nIn this section: (1) The term Secretary means the Secretary of Education. (2) The term State includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, and any other territory or possession of the United States.", "id": "H676739644B92425680BB36B2299E72A", "header": "Definitions", "nested": [], "links": [] } ], "links": [] } ]

[ "Education and the Workforce Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Methamphetamine Abuse Prevention Act of 2004.", "id": "HF6A2270E12C54DA9A86FC4AEE92353B1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds that— (1) methamphetamine is a dangerous drug distributed throughout the United States; (2) the manufacture, distribution, and use of methamphetamine results in increased crime, damage to the environment, hazardous waste that endangers the public, expensive cleanup costs often borne by Federal, State, and local government agencies, and broken families; (3) Congress has acted many times to limit the availability of chemicals and equipment used in the manufacturing of methamphetamine; (4) pseudoephedrine is one of the basic precursor chemicals used in the manufacture of methamphetamine; (5) the United States Drug Enforcement Administration has indicated that methamphetamine manufacturers often obtain pseudoephedrine from retail and wholesale distributors, in both bottles and blister packs , and that the use of pseudoephedrine tablets in blister packs is pervasive in the illicit production of methamphetamine in both small and large clandestine methamphetamine laboratories; (6) while current law establishes a retail sales limit of 9 grams for most pseudoephedrine products, including common cold medicine, there is no such limit on the sale of blister-packed pseudoephedrine products; (7) the 9 gram limit on bottled pseudoephedrine allows an individual to purchase approximately 366 thirty-milligram tablets per transaction, which is significantly more than a typical consumer would need for legitimate purposes; (8) reducing the current 9 gram threshold to 6 grams would allow consumers to continue purchasing sufficient medication for legitimate purposes and would assist efforts to reduce illegal use of the pseudoephedrine products; (9) the United States Drug Enforcement Administration recommended in March 2002 that retail distribution of pseudoephedrine tablets in blister packages should not be exempt from the general retail sales limit; and (10) in recommending legislation to correct the current disparity in the law between bottled and blister-packed pseudoephedrine tablets, the United States Drug Enforcement Administration stated that The removal of this difference would significantly prevent illicit access to this methamphetamine precursor and would be easier for both the government and the industry to monitor and would increase compliance by retailers.", "id": "HB226E3054E474C7A8BDE8DA6F8C59D88", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Reduction of retail sales threshold to 6 grams \nSection 102(39)(A)(iv)(II) of the Controlled Substances Act ( 21 U.S.C. 802(39)(A)(iv)(II) ) is amended— (1) by striking 9 grams each place such term appears and inserting 6 grams ; and (2) by striking and sold in package sizes of not more than 3 grams of pseudoephedrine base or 3 grams of phenylpropanolamine base; or and inserting the following: and sold in, with respect to nonliquids, package sizes of not more than 3.0 grams of pseudoephedrine base or 3.0 grams of phenylpropanolamine base, and packaged in blister packs, each blister containing not more than 2 dosage units, or where the use of blister packs is technically infeasible, packaged in unit dose packets or pouches and, with respect to liquids, sold in package sizes of not more than 3.0 grams of pseudoephedrine base or 3.0 grams of phenylpropanolamine base; or.", "id": "HB55E8E75D9EF43E1BBF04681EA3F2DB1", "header": "Reduction of retail sales threshold to 6 grams", "nested": [], "links": [ { "text": "21 U.S.C. 802(39)(A)(iv)(II)", "legal-doc": "usc", "parsable-cite": "usc/21/802" } ] }, { "text": "4. Elimination of blister pack exemption \n(a) Regulated transaction \nSection 102(39)(A)(iv)(I)(aa) of the Controlled Substances Act ( 21 U.S.C. 802(39)(A)(iv)(I)(aa) ) is amended by striking , except that and all that follows through 1996). (b) Definition \nSection 102 of the Controlled substances Act ( 21 U.S.C. 802 ) is amended— (1) by striking paragraph (45); and (2) by redesignating paragraph (46) as paragraph (45). (c) Rule of law \nTo the extent that there exists a conflict between the amendment made by subsection (a) and section 401(d) of the Comprehensive Methamphetamine Control Act of 1996 ( 21 U.S.C. 802 note), the amendment shall control.", "id": "H4DB01333AEEC4A4C00CAE031AF856162", "header": "Elimination of blister pack exemption", "nested": [ { "text": "(a) Regulated transaction \nSection 102(39)(A)(iv)(I)(aa) of the Controlled Substances Act ( 21 U.S.C. 802(39)(A)(iv)(I)(aa) ) is amended by striking , except that and all that follows through 1996).", "id": "HF7F4BE7892AD421386E63EB6D04EF83", "header": "Regulated transaction", "nested": [], "links": [ { "text": "21 U.S.C. 802(39)(A)(iv)(I)(aa)", "legal-doc": "usc", "parsable-cite": "usc/21/802" } ] }, { "text": "(b) Definition \nSection 102 of the Controlled substances Act ( 21 U.S.C. 802 ) is amended— (1) by striking paragraph (45); and (2) by redesignating paragraph (46) as paragraph (45).", "id": "H68201FF9337F4BEC80C4C031E558F01", "header": "Definition", "nested": [], "links": [ { "text": "21 U.S.C. 802", "legal-doc": "usc", "parsable-cite": "usc/21/802" } ] }, { "text": "(c) Rule of law \nTo the extent that there exists a conflict between the amendment made by subsection (a) and section 401(d) of the Comprehensive Methamphetamine Control Act of 1996 ( 21 U.S.C. 802 note), the amendment shall control.", "id": "HD4B302E88D2346B5AF2E00DFEA5D20FB", "header": "Rule of law", "nested": [], "links": [ { "text": "21 U.S.C. 802", "legal-doc": "usc", "parsable-cite": "usc/21/802" } ] } ], "links": [ { "text": "21 U.S.C. 802(39)(A)(iv)(I)(aa)", "legal-doc": "usc", "parsable-cite": "usc/21/802" }, { "text": "21 U.S.C. 802", "legal-doc": "usc", "parsable-cite": "usc/21/802" }, { "text": "21 U.S.C. 802", "legal-doc": "usc", "parsable-cite": "usc/21/802" } ] }, { "text": "5. National uniformity for restrictions on the sale of pseudoephedrine products \nSection 708 of the Controlled Substances Act ( 21 U.S.C. 903 ) is amended— (1) by striking No and inserting the following: (a) In general \nExcept as provided in subsection (b), no ; and (2) by adding at the end the following: (b) Pseudoephedrine drug product \n(1) State and local requirements \n(A) In general \nNo State or political subdivision of a State or State authorized entity may establish with respect to the retail sales of any pseudoephedrine drug product any requirement or restriction that is different from, or in addition to, or that is otherwise not identical with, the requirements and restrictions that apply to pseudoephedrine drug products under this Act. (B) State penalties \nNothing in subparagraph (A) shall be construed as preventing a State or political subdivision of a State from adopting penalties that are different from, or in addition to, or that are otherwise not identical with, the penalties that apply under this Act. (C) Grandfather clause \nSubparagraph (A) shall not apply to any requirement or restriction regarding the retail sale of pseudoephedrine drug products established by a State or political subdivision of a State or State authorized entity enacted prior to January 1, 2005, other than a requirement or restriction allowing any individual to purchase more than 6 grams of pseudoephedrine base in any single retail transaction. (2) Exemptions \n(A) In general \nUpon application of a State or political subdivision thereof, the Attorney General, not later than 30 days after receiving the application, may exempt from paragraph (1)(A), under such conditions as the Attorney General may prescribe, a State or political subdivision requirement upon a determination by the Attorney General that— (i) pseudoephedrine drug products obtained in that State or political subdivision are being used as a significant source of precursor chemicals for illegal manufacture of a controlled substance for distribution or sale; (ii) the requirement is likely to substantially decrease the use of pseudoephedrine drug products as a source of precursor chemicals for illegal manufacture of a controlled substance for distribution or sale; and (iii) the requirement will not unduly burden interstate commerce. (B) Judicial review \n(i) Review in court of appeals \nWithin 10 days after a determination by the Attorney General under subparagraph (A), the State or political subdivision involved, or an individual affected by the determination, may file a petition for judicial review of such determination in the United States Court of Appeals for the District of Columbia Circuit, which shall have exclusive jurisdiction over any such petitions. (ii) Determination by court \n(I) In general \nWithin 20 days after a petition under clause (i) is filed with the court, the court shall enter final judgement on the petition. (II) Service regarding petition \nWith respect to a petition under clause (i), if the court determines that proper service was not made on the Attorney General within 5 days after the date on which the petition was filed with the court, the running of the 20-day period under subclause (I) shall not begin before the day on which proper service was made on the Attorney General. (iii) Finality of determination \nAny determination made by the court under this subparagraph shall be final and conclusive and shall not be reviewed by any other court. (C) Computation of days \nFor purposes of this paragraph, Saturday, Sunday, or a legal holiday in the District of Columbia shall not be counted as the last day of any period. (3) Definitions \nAs used in this subsection, the term pseudoephedrine drug product means a product containing pseudoephedrine that may be marketed or distributed lawfully in the United States as a drug under the Federal Food, Drug, and Cosmetic Act..", "id": "HB6A87E80C6904750AFAE7D1E579B61CD", "header": "National uniformity for restrictions on the sale of pseudoephedrine products", "nested": [], "links": [ { "text": "21 U.S.C. 903", "legal-doc": "usc", "parsable-cite": "usc/21/903" } ] } ]

[ "Judiciary Committee", "Energy and Commerce Committee" ]

[ { "text": "1. Short title; references \n(a) Short title \nThis Act may be cited as the. (b) References \nExcept as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ).", "id": "HE8CB32E8F3124C84ADC9DCB81B7FCB2F", "header": "Short title; references", "nested": [ { "text": "(a) Short title \nThis Act may be cited as the.", "id": "H4CF1AFB6E57B4F7EBF8B988BE33E894D", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) References \nExcept as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ).", "id": "HAAF230DE00E14049BDD2DF392957F5E6", "header": "References", "nested": [], "links": [ { "text": "20 U.S.C. 1001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1001" } ] } ], "links": [ { "text": "20 U.S.C. 1001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1001" } ] }, { "text": "2. Support for working students: increases in income protection allowances \n(a) Dependent students \nSection 475(g)(2) ( 20 U.S.C. 1087oo(g)(2) ) is amended by striking subparagraph (D) and inserting the following: (D) an income protection allowance of $9,000;. (b) Independent students without dependents other than a spouse \nSection 476(b)(1)(A) ( 20 U.S.C. 1087pp(b)(1)(A) ) is amended by striking clause (iv) and inserting the following: (iv) an income protection allowance of $12,000;. (c) Independent students with dependents other than a spouse \nSection 477(b) ( 20 U.S.C. 1087qq(b) ) is amended— (1) in paragraph (1)— (A) by striking subparagraph (D) and inserting the following: (D) an income protection allowance of $12,000; ; and (B) in subparagraph (E), by striking paragraph (5) and inserting paragraph (4) ; (2) by striking paragraph (4); and (3) by redesignating paragraph (5) as paragraph (4). (d) Conforming amendments \nSection 478 ( 20 U.S.C. 1087rr ) is amended— (1) by striking subsection (b) and inserting the following: (b) Income protection allowance \nFor each academic year after academic year 1993–1994, the Secretary shall publish in the Federal Register a revised table of income protection allowances for the purpose of section 475(c)(4). Such revised table shall be developed by increasing each of the dollar amounts contained in the table in such section by a percentage equal to the estimated percentage increase in the Consumer Price Index (as determined by the Secretary) between December 1992 and the December next preceding the beginning of such academic year, and rounding the result to the nearest $10. ; and (2) in subsection (h)— (A) in the first sentence, by striking 477(b)(5) and inserting 477(b)(4) ; and (B) in the second sentence— (i) by striking 477(b)(5)(A) and inserting 477(b)(4)(A) ; and (ii) by striking 477(b)(5)(B) and inserting 477(b)(4)(B).", "id": "HE8AFB6043AFC455A84FFFF755749C36", "header": "Support for working students: increases in income protection allowances", "nested": [ { "text": "(a) Dependent students \nSection 475(g)(2) ( 20 U.S.C. 1087oo(g)(2) ) is amended by striking subparagraph (D) and inserting the following: (D) an income protection allowance of $9,000;.", "id": "H587DF3ABFF3F4808A6D3D6F919636DAA", "header": "Dependent students", "nested": [], "links": [ { "text": "20 U.S.C. 1087oo(g)(2)", "legal-doc": "usc", "parsable-cite": "usc/20/1087oo" } ] }, { "text": "(b) Independent students without dependents other than a spouse \nSection 476(b)(1)(A) ( 20 U.S.C. 1087pp(b)(1)(A) ) is amended by striking clause (iv) and inserting the following: (iv) an income protection allowance of $12,000;.", "id": "HDA68CCDCCC8A43578FA68D3F8FFB1E58", "header": "Independent students without dependents other than a spouse", "nested": [], "links": [ { "text": "20 U.S.C. 1087pp(b)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/20/1087pp" } ] }, { "text": "(c) Independent students with dependents other than a spouse \nSection 477(b) ( 20 U.S.C. 1087qq(b) ) is amended— (1) in paragraph (1)— (A) by striking subparagraph (D) and inserting the following: (D) an income protection allowance of $12,000; ; and (B) in subparagraph (E), by striking paragraph (5) and inserting paragraph (4) ; (2) by striking paragraph (4); and (3) by redesignating paragraph (5) as paragraph (4).", "id": "H9570B2DDC4754FE39547007C12DA9B97", "header": "Independent students with dependents other than a spouse", "nested": [], "links": [ { "text": "20 U.S.C. 1087qq(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1087qq" } ] }, { "text": "(d) Conforming amendments \nSection 478 ( 20 U.S.C. 1087rr ) is amended— (1) by striking subsection (b) and inserting the following: (b) Income protection allowance \nFor each academic year after academic year 1993–1994, the Secretary shall publish in the Federal Register a revised table of income protection allowances for the purpose of section 475(c)(4). Such revised table shall be developed by increasing each of the dollar amounts contained in the table in such section by a percentage equal to the estimated percentage increase in the Consumer Price Index (as determined by the Secretary) between December 1992 and the December next preceding the beginning of such academic year, and rounding the result to the nearest $10. ; and (2) in subsection (h)— (A) in the first sentence, by striking 477(b)(5) and inserting 477(b)(4) ; and (B) in the second sentence— (i) by striking 477(b)(5)(A) and inserting 477(b)(4)(A) ; and (ii) by striking 477(b)(5)(B) and inserting 477(b)(4)(B).", "id": "HD4F03272843D4043A4FB26FB593DD267", "header": "Conforming amendments", "nested": [], "links": [ { "text": "20 U.S.C. 1087rr", "legal-doc": "usc", "parsable-cite": "usc/20/1087rr" } ] } ], "links": [ { "text": "20 U.S.C. 1087oo(g)(2)", "legal-doc": "usc", "parsable-cite": "usc/20/1087oo" }, { "text": "20 U.S.C. 1087pp(b)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/20/1087pp" }, { "text": "20 U.S.C. 1087qq(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1087qq" }, { "text": "20 U.S.C. 1087rr", "legal-doc": "usc", "parsable-cite": "usc/20/1087rr" } ] }, { "text": "3. Exempting earned income credits from the calculation of income \nSection 480(a)(2) ( 20 U.S.C. 1087vv(a)(2) ) is amended by inserting or section 32 after section 25A.", "id": "H1DE0D2B8CED643B8B97D19B36F93A5EF", "header": "Exempting earned income credits from the calculation of income", "nested": [], "links": [ { "text": "20 U.S.C. 1087vv(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/20/1087vv" } ] }, { "text": "4. Child care means parents in school \n(a) Minimum grant \nSection 419N(b)(2)(B) ( 20 U.S.C. 1070e(b)(2)(B) ) is amended by striking $10,000 and inserting $30,000. (b) Eligible institutions \nSection 419N(b)(4) is amended by striking $350,000 and inserting $250,000. (c) Income eligibility \nSection 419N(b)(7) is amended by striking who is eligible to receive and inserting whose income qualifies for eligibility for. (d) Publicity \nSection 419N(b) is further amended by adding at the end the following new paragraph: (8) Publicity \nThe Secretary shall publicize the availability of grants under this section in appropriate periodicals in addition to publication in the Federal Register, and shall inform appropriate educational organizations of such availability.. (e) Authorization of appropriations \nSection 419N(g) is amended by striking $45,000,000 for fiscal year 1999 and inserting $75,000,000 for fiscal year 2005.", "id": "H1C374A6F4E63494DA8B7A500C7784283", "header": "Child care means parents in school", "nested": [ { "text": "(a) Minimum grant \nSection 419N(b)(2)(B) ( 20 U.S.C. 1070e(b)(2)(B) ) is amended by striking $10,000 and inserting $30,000.", "id": "H7E20EA560FD14F60A1915C20E7854E8", "header": "Minimum grant", "nested": [], "links": [ { "text": "20 U.S.C. 1070e(b)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/20/1070e" } ] }, { "text": "(b) Eligible institutions \nSection 419N(b)(4) is amended by striking $350,000 and inserting $250,000.", "id": "H10150541590B4E1886BBAC0000B2B373", "header": "Eligible institutions", "nested": [], "links": [] }, { "text": "(c) Income eligibility \nSection 419N(b)(7) is amended by striking who is eligible to receive and inserting whose income qualifies for eligibility for.", "id": "HF18C32165F3F469600E86B4EF37F94EF", "header": "Income eligibility", "nested": [], "links": [] }, { "text": "(d) Publicity \nSection 419N(b) is further amended by adding at the end the following new paragraph: (8) Publicity \nThe Secretary shall publicize the availability of grants under this section in appropriate periodicals in addition to publication in the Federal Register, and shall inform appropriate educational organizations of such availability..", "id": "HEFB7171BAFD244A28B2B9FBB01D4C97", "header": "Publicity", "nested": [], "links": [] }, { "text": "(e) Authorization of appropriations \nSection 419N(g) is amended by striking $45,000,000 for fiscal year 1999 and inserting $75,000,000 for fiscal year 2005.", "id": "H6A05A54807574C0FB4A04F4447B1BFE5", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "20 U.S.C. 1070e(b)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/20/1070e" } ] }, { "text": "5. Year-round Pell grants \nSection 401 ( 20 U.S.C. 1070a ) is amended by adding at the end the following new subsection: (k) Year-round Pell grants \n(1) Pilot program established \nThe Secretary shall establish in accordance with this subsection a year-round Pell grant pilot program. Any institution of higher education that desires to participate in the program under this subsection shall submit an application the Secretary at such time and containing or accompanied by such information and assurances as the Secretary may require. The Secretary may select not more than 200 institutions of higher education for participation in the program. The Secretary shall give preference in such selection to those associate’s and bachelor’s degree-granting institutions that, as determined under paragraph (3), have the highest completion and graduation rates, respectively. (2) Program elements \nWith respect to students enrolled in institutions participating in the program under this subsection, the Secretary is authorized— (A) to award such students two Pell grants in one calendar year to permit such students to accelerating progress towards their degree or certificate objectives by enrolling in academic programs for 12 rather than 9 months of the year at participating institutions; and (B) to award such two Pell grants to such students in a total amount up to 133 percent of the maximum Pell under subsection (b)(2)(A) that is applicable for the academic year. (3) Limitation \nThe Secretary shall limit the awarding of additional Pell grants under this subsection in a single calendar year to students who attend associate’s and bachelor’s degree-granting institutions with the following characteristics: (A) In the case of an associate’s degree-granting institution, the completion rate for the institution of higher education reported by the Integrated Postsecondary Education Data System for the preceding 3 academic years has improved by a total of at least 10 percent. (B) In the case of a bachelor’s degree-granting institution— (i) the graduation rate for the institution of higher education reported by the Integrated Postsecondary Education Data System for the preceding 5 academic years is at least 50 percent; and (ii) the average time of enrollment required to complete a degree at the institution among students who enter as freshman and earn bachelor’s degrees is 14 or fewer quarters, or 9 or fewer semesters or the equivalent. (4) Termination; evaluation \nThe authority of the Secretary under this subsection shall cease to be effective on October 1, 2009. Not later than October 1, 2008, the Secretary shall conduct an evaluation of the program under this subsection and submit to the Congress a report on the results of such evaluation..", "id": "HB2A3C3012DF346359023643F0890FFB4", "header": "Year-round Pell grants", "nested": [], "links": [ { "text": "20 U.S.C. 1070a", "legal-doc": "usc", "parsable-cite": "usc/20/1070a" } ] }, { "text": "6. Additional FIPSE program \n(a) Purpose \nIt is the purpose of this section— (1) to allow a demonstration program that is strictly monitored by the Department of Education to test creative measure for improving the availability of higher education for part-time students; (2) to provide for increased access for part-time students; and (3) to help determine the most effective assistance for part-time students. (b) New program authorized \nSection 741(a) ( 20 U.S.C. 1138(a) ) is amended— (1) by striking and at the end of paragraph (7); (2) by striking the period at the end of paragraph (8); and (3) by adding at the end the following new paragraph: (9) creating a program to create a holistic approach to addressing the needs of part-time students at not more than 150 associates and bachelors degree-granting institutions that would include grants, leveraging funds from non-Federal sources, comprehensive child care, and better tailored remedial course programs.. (c) Notification and reports \nSection 743 ( 20 U.S.C. 1138b ) is amended by adding at the end the following new subsections: (c) Procedures and authorization for part-time student program \n(1) Application \nAn eligible entity that desires to receive a grant under subsection (b)(9) shall submit an application to the Secretary in such manner and form, containing such information and assurances, as the Secretary may reasonably require. (2) Selection procedures \nThe Secretary shall by regulation develop a formal procedure for the submissions of applications for grants under subsection (b)(9) and shall publish in the Federal Register an announcement of that procedure and the availability of funds under such part. (3) Evaluation \nThe Secretary shall evaluate the program authorized under subsection (b)(9) on an annual basis. Such evaluations specifically shall review — (A) the extent to which the institution has met the goals set forth in its application to the Secretary; (B) the number of students participating in the programs offered, including the progress of such students toward recognized certificates or degrees; and (C) what changes, if any, in law would facilitate both the participation of part-time students in higher education and increased graduation rates amongst these students. (4) Separate authorizations of appropriations \nThere are authorized to be appropriated to carry out the program authorized by subsection (b)(9), $100,000,000 for fiscal year 2004 and such sums as may be necessary for each of the five succeeding fiscal years..", "id": "HD2BF4C32CE39474B888B47CC32DCA191", "header": "Additional FIPSE program", "nested": [ { "text": "(a) Purpose \nIt is the purpose of this section— (1) to allow a demonstration program that is strictly monitored by the Department of Education to test creative measure for improving the availability of higher education for part-time students; (2) to provide for increased access for part-time students; and (3) to help determine the most effective assistance for part-time students.", "id": "HBD70D802C7DE4979A81529099B00B900", "header": "Purpose", "nested": [], "links": [] }, { "text": "(b) New program authorized \nSection 741(a) ( 20 U.S.C. 1138(a) ) is amended— (1) by striking and at the end of paragraph (7); (2) by striking the period at the end of paragraph (8); and (3) by adding at the end the following new paragraph: (9) creating a program to create a holistic approach to addressing the needs of part-time students at not more than 150 associates and bachelors degree-granting institutions that would include grants, leveraging funds from non-Federal sources, comprehensive child care, and better tailored remedial course programs..", "id": "H170A60F8AE954748BFAA65AB8B8B579B", "header": "New program authorized", "nested": [], "links": [ { "text": "20 U.S.C. 1138(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1138" } ] }, { "text": "(c) Notification and reports \nSection 743 ( 20 U.S.C. 1138b ) is amended by adding at the end the following new subsections: (c) Procedures and authorization for part-time student program \n(1) Application \nAn eligible entity that desires to receive a grant under subsection (b)(9) shall submit an application to the Secretary in such manner and form, containing such information and assurances, as the Secretary may reasonably require. (2) Selection procedures \nThe Secretary shall by regulation develop a formal procedure for the submissions of applications for grants under subsection (b)(9) and shall publish in the Federal Register an announcement of that procedure and the availability of funds under such part. (3) Evaluation \nThe Secretary shall evaluate the program authorized under subsection (b)(9) on an annual basis. Such evaluations specifically shall review — (A) the extent to which the institution has met the goals set forth in its application to the Secretary; (B) the number of students participating in the programs offered, including the progress of such students toward recognized certificates or degrees; and (C) what changes, if any, in law would facilitate both the participation of part-time students in higher education and increased graduation rates amongst these students. (4) Separate authorizations of appropriations \nThere are authorized to be appropriated to carry out the program authorized by subsection (b)(9), $100,000,000 for fiscal year 2004 and such sums as may be necessary for each of the five succeeding fiscal years..", "id": "HA57A513148E94D58BCA9ADE84DC366A7", "header": "Notification and reports", "nested": [], "links": [ { "text": "20 U.S.C. 1138b", "legal-doc": "usc", "parsable-cite": "usc/20/1138b" } ] } ], "links": [ { "text": "20 U.S.C. 1138(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1138" }, { "text": "20 U.S.C. 1138b", "legal-doc": "usc", "parsable-cite": "usc/20/1138b" } ] } ]

[ "Education and the Workforce Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Social Security Fairness for Merchant Mariners Act of 2004.", "id": "H65182208B1314E9AB311CA00B22BD6FF", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Benefits for individuals who served in the United States merchant marine during World War II \n(a) Benefits \nSection 217(d) of the Social Security Act ( 42 U.S.C. 417(d) ) is amended by adding at the end the following new paragraph: (3) The term active military or naval service includes the service, or any period of forcible detention or internment by an enemy government or hostile force as a result of action against a vessel described in subparagraph (A), of a person who— (A) was a member of the United States merchant marine (including the Army Transport Service and the Naval Transport Service) serving as a crewmember of a vessel that was— (i) operated by the War Shipping Administration or the Office of Defense Transportation (or an agent of the Administration or Office); (ii) operated in waters other than inland waters, the Great Lakes, and other lakes, bays, and harbors of the United States; (iii) under contract or charter to, or property of, the Government of the United States; and (iv) serving the Armed Forces; and (B) while so serving, was licensed or otherwise documented for service as a crewmember of such a vessel by an officer or employee of the United States authorized to license or document the person for such service.. (b) Effective date \nThe amendment made by subsection (a) shall apply only with respect to benefits for months beginning on or after the date of the enactment of this Act.", "id": "HCE4AC59D05A8469588D1E39C32E26502", "header": "Benefits for individuals who served in the United States merchant marine during World War II", "nested": [ { "text": "(a) Benefits \nSection 217(d) of the Social Security Act ( 42 U.S.C. 417(d) ) is amended by adding at the end the following new paragraph: (3) The term active military or naval service includes the service, or any period of forcible detention or internment by an enemy government or hostile force as a result of action against a vessel described in subparagraph (A), of a person who— (A) was a member of the United States merchant marine (including the Army Transport Service and the Naval Transport Service) serving as a crewmember of a vessel that was— (i) operated by the War Shipping Administration or the Office of Defense Transportation (or an agent of the Administration or Office); (ii) operated in waters other than inland waters, the Great Lakes, and other lakes, bays, and harbors of the United States; (iii) under contract or charter to, or property of, the Government of the United States; and (iv) serving the Armed Forces; and (B) while so serving, was licensed or otherwise documented for service as a crewmember of such a vessel by an officer or employee of the United States authorized to license or document the person for such service..", "id": "H0687E83AA007443D997E2EFA17AADDC2", "header": "Benefits", "nested": [], "links": [ { "text": "42 U.S.C. 417(d)", "legal-doc": "usc", "parsable-cite": "usc/42/417" } ] }, { "text": "(b) Effective date \nThe amendment made by subsection (a) shall apply only with respect to benefits for months beginning on or after the date of the enactment of this Act.", "id": "H5AB15572750E42C886AACC38ABA37884", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 417(d)", "legal-doc": "usc", "parsable-cite": "usc/42/417" } ] } ]

[ "Ways and Means Committee" ]

[ { "text": "1. Findings \nThe Congress finds the following: (1) On July 17, 2002, 18 illegal immigrants were taken into custody by the Tulsa County Sheriff’s Department and then later released by the former Immigration and Naturalization Service. The group included 3 minors. (2) On August 13, 2002, an immigration task force meeting convened in Tulsa, Oklahoma, with the goal of bringing together local law enforcement and the Immigration and Naturalization Service to open a dialogue to find effective ways to better enforce Federal immigration laws in the first District of Oklahoma. (3) On January 22, 2003, 4 new agents at the Immigration and Naturalization Service office in Oklahoma City were hired. (4) On January 30, 2003, Oklahoma’s Immigration and Naturalization Service office added 6 new special agents to their staff. (5) On September 22, 2004, U.S. Immigration and Customs Enforcement authorized the release of 18 possible illegal aliens that were in the custody of the City of Catoosa, Oklahoma Police Department. Catoosa Police stopped a truck carrying 18 persons, including children, in the early morning hours. Only 2 of the detainees produced identification. One adult was arrested on drug possession charges, while the remaining individuals were released. (6) Oklahoma has 1 U.S. Immigration and Customs Enforcement office located in Oklahoma City, Oklahoma. Currently, 12 U.S. Immigration and Customs Enforcement agents serve 3,500,000 people. (7) Oklahoma Interstate Highways I–44 and I–75 are major roads through Tulsa and serve for the transportation of illegal immigrants to all areas of the United States. (8) The establishment of a U.S. Immigration and Customs Enforcement Office of Investigations field office in Tulsa, Oklahoma, will help enforce Federal immigration laws in eastern Oklahoma. (9) There are 7 Drug Enforcement Administration agents, and an estimated 22 Federal Bureau of Investigation agents, headquartered in Tulsa, Oklahoma, while no U.S. Immigration and Customs Enforcement agents are located in Tulsa.", "id": "HBE39CE0212694A578D5FABB7F8038F3", "header": "Findings", "nested": [], "links": [] }, { "text": "2. Establishment of I.C.E. field office in Tulsa \nSubject to the availability of appropriated funds, not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall establish a U.S. Immigration and Customs Enforcement Office of Investigations field office in Tulsa, Oklahoma.", "id": "HFF949653F7794EC58E8F346B4D4122B3", "header": "Establishment of I.C.E. field office in Tulsa", "nested": [], "links": [] } ]

[ "Judiciary Committee", "Ways and Means Committee" ]

[ { "text": "1. Designation \nThe United States courthouse at 300 North Hogan Street, Jacksonville, Florida, shall be known and designated as the John Milton Bryan Simpson United States Courthouse.", "id": "HE5F368F4B7304BD184F6BD9634186898", "header": "Designation", "nested": [], "links": [] }, { "text": "2. References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the United States courthouse referred to in section 1 shall be deemed to be a reference to the John Milton Bryan Simpson United States Courthouse.", "id": "H9153ED93B4794663AFB5CB187879B005", "header": "References", "nested": [], "links": [] } ]

[ "Transportation and Infrastructure Committee" ]

[ { "text": "1. Center for Scientific and Technical Assessment \n(a) Establishment \nThere shall be established a Center for Scientific and Technical Assessment (in this section referred to as the Center ) to provide timely advice to the Congress on scientific and technical aspects of public policy issues. The Center shall be administered by a Director. (b) Technical Assessment Board \n(1) Establishment and purpose \nThere shall be established a Technical Assessment Board whose purpose shall be to provide guidance to the Director of the Center to ensure that the Center provides timely and useful responses to congressional requests. (2) Membership \nThe Technical Assessment Board established under paragraph (1) shall consist of— (A) 6 members of the Senate appointed by the President Pro Tempore of the Senate, including 3 from the majority party and 3 from the minority party; (B) 6 members of the House of Representatives appointed by the Speaker of the House of Representatives, including 3 from the majority party and 3 from the minority party; (C) the Comptroller General; and (D) the Director of the Congressional Research Service and the Director of the Center, who shall be nonvoting members. Service as a member on the Technical Assessment Board shall not be construed under the rules of the House of Representatives or the Senate as service as a member of a House of Representatives or Senate Committee. (3) Vacancies \nVacancies in the membership of the Technical Assessment Board shall not affect the authority of the remaining members to act, and such vacancies shall be filled in the same manner as in the case of the original appointment. (4) Chairman and vice chairman \nThere shall be selected at the beginning of each Congress a chairman and a vice chairman, one of whom shall be a member of the Senate selected by the members of the Technical Assessment Board who are members of the Senate from among their number, and one of whom shall be a member of the House of Representatives selected by the members of the Technical Assessment Board who are members of the House of Representatives from among their number. The chairmanship and vice chairmanship shall alternate between the Senate and the House of Representatives with each year. The chairman during each odd-numbered year shall be a member of the House of Representatives. The vice chairman shall act in the place of the chairman in the absence of the chairman. (5) Authority to act \nThe Technical Assessment Board established under this subsection may sit and act at such places and times as it chooses, including during the sessions, recesses, and adjourned periods of Congress. (c) Director and Deputy Director \n(1) Director \nThe Director of the Center shall be appointed by the Comptroller General with the approval of the Technical Assessment Board and shall serve for a term of 6 years unless sooner removed by the Technical Assessment Board. The Director shall receive basic pay at the rate provided for level III of the Executive Schedule under section 5314 of title 5, United States Code. (2) Powers and duties \nIn addition to the powers and duties vested by this section, the Director shall exercise such powers and duties as may be delegated by the Technical Assessment Board. The Director, with the permission of the Comptroller General, shall have the authority to hire, remove, or promote permanent staff and enter into contracts for consultants, expert analysis, and peer reviewers described in subsection (f). In consultation with the Technical Assessment Board and with the approval of the Comptroller General, the Director shall prepare the annual budget for the Center for submission to Congress. (3) Deputy director \nThe Director may appoint, with the approval of the Comptroller General, a Deputy Director who shall perform such functions as the Director may prescribe and who shall be Acting Director during the absence or incapacity of the Director or in the event of a vacancy in the office of Director. The Deputy Director shall receive basic pay at the rate provided for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (4) Conflicts of interest \nNeither the Director nor the Deputy Director shall engage in any other business, vocation, or employment than that of serving as such Director or Deputy Director, as the case may be; nor shall the Director or Deputy Director, except with the approval of the Comptroller General, hold any office in, or act in any capacity for, any organization, agency, or institution with which the Center makes any contract or other arrangement under this section. (d) Congressional requests \n(1) In general \nAny member of Congress may make requests to the Technical Assessment Board that the Center conduct an investigation and report to the requester, within a specified time period, on any matter relating to scientific and technical assessment. (2) Formal calls for requests \nThe chairman of the Technical Assessment Board established under subsection (b) shall submit to all members of Congress formal calls for requests under this subsection. (3) Prioritization \nRequests under paragraph (1) shall be addressed by the Center in accordance with the following priority order: (A) Requests with bipartisan and bicameral support. (B) Requests with bipartisan support. (C) Requests from other members. The Director, with the approval of the Technical Assessment Board, may determine the final priority for consideration of and fulfilling requests among and within each category described in subparagraphs (A) through (C). (e) Advisory panels \nThe Director may establish an advisory panel as necessary to support each technical assessment report provided by the Center. Such panels shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). (f) Peer review \nEach report requested under this subsection shall be subject to peer review before delivery to the committee or member of Congress requesting the report. Such peer review shall consist of rigorous vetting, checking, criticism, and recommendations for improvement by independent, qualified experts in the various aspects of the subject of the request under study. Independent experts shall assess each Center report by considering the scientific method, factual accuracy, results, and conclusions put forward by the authors. The peer reviewers’ comments shall be given to the report authors to allow for change, improvement, and modification of the report before delivery to the Director. After final review by the Director, and the approval of the Technical Assessment Board, the report shall be delivered to the committee or member of Congress requesting the report. (g) Public release \nExcept for classified reports, the Center, with the permission of the Technical Assessment Board, shall promptly release a report requested under subsection (d) to the public, except that such release shall be delayed by not more than 2 weeks at the request of the Technical Assessment Board or a member of Congress. (h) Authorization of appropriations \nThere are authorized to be appropriated to the Comptroller General for carrying out this section $30,000,000 for each of the fiscal years 2005 through 2007, to remain available until expended.", "id": "H873076A7A69F40E68F702889FDCE8577", "header": "Center for Scientific and Technical Assessment", "nested": [ { "text": "(a) Establishment \nThere shall be established a Center for Scientific and Technical Assessment (in this section referred to as the Center ) to provide timely advice to the Congress on scientific and technical aspects of public policy issues. The Center shall be administered by a Director.", "id": "H368EF91F6FEC435996621E68DCCA6B80", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Technical Assessment Board \n(1) Establishment and purpose \nThere shall be established a Technical Assessment Board whose purpose shall be to provide guidance to the Director of the Center to ensure that the Center provides timely and useful responses to congressional requests. (2) Membership \nThe Technical Assessment Board established under paragraph (1) shall consist of— (A) 6 members of the Senate appointed by the President Pro Tempore of the Senate, including 3 from the majority party and 3 from the minority party; (B) 6 members of the House of Representatives appointed by the Speaker of the House of Representatives, including 3 from the majority party and 3 from the minority party; (C) the Comptroller General; and (D) the Director of the Congressional Research Service and the Director of the Center, who shall be nonvoting members. Service as a member on the Technical Assessment Board shall not be construed under the rules of the House of Representatives or the Senate as service as a member of a House of Representatives or Senate Committee. (3) Vacancies \nVacancies in the membership of the Technical Assessment Board shall not affect the authority of the remaining members to act, and such vacancies shall be filled in the same manner as in the case of the original appointment. (4) Chairman and vice chairman \nThere shall be selected at the beginning of each Congress a chairman and a vice chairman, one of whom shall be a member of the Senate selected by the members of the Technical Assessment Board who are members of the Senate from among their number, and one of whom shall be a member of the House of Representatives selected by the members of the Technical Assessment Board who are members of the House of Representatives from among their number. The chairmanship and vice chairmanship shall alternate between the Senate and the House of Representatives with each year. The chairman during each odd-numbered year shall be a member of the House of Representatives. The vice chairman shall act in the place of the chairman in the absence of the chairman. (5) Authority to act \nThe Technical Assessment Board established under this subsection may sit and act at such places and times as it chooses, including during the sessions, recesses, and adjourned periods of Congress.", "id": "HAFD0E936C2134FE7ACE831507BBE9FB8", "header": "Technical Assessment Board", "nested": [], "links": [] }, { "text": "(c) Director and Deputy Director \n(1) Director \nThe Director of the Center shall be appointed by the Comptroller General with the approval of the Technical Assessment Board and shall serve for a term of 6 years unless sooner removed by the Technical Assessment Board. The Director shall receive basic pay at the rate provided for level III of the Executive Schedule under section 5314 of title 5, United States Code. (2) Powers and duties \nIn addition to the powers and duties vested by this section, the Director shall exercise such powers and duties as may be delegated by the Technical Assessment Board. The Director, with the permission of the Comptroller General, shall have the authority to hire, remove, or promote permanent staff and enter into contracts for consultants, expert analysis, and peer reviewers described in subsection (f). In consultation with the Technical Assessment Board and with the approval of the Comptroller General, the Director shall prepare the annual budget for the Center for submission to Congress. (3) Deputy director \nThe Director may appoint, with the approval of the Comptroller General, a Deputy Director who shall perform such functions as the Director may prescribe and who shall be Acting Director during the absence or incapacity of the Director or in the event of a vacancy in the office of Director. The Deputy Director shall receive basic pay at the rate provided for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (4) Conflicts of interest \nNeither the Director nor the Deputy Director shall engage in any other business, vocation, or employment than that of serving as such Director or Deputy Director, as the case may be; nor shall the Director or Deputy Director, except with the approval of the Comptroller General, hold any office in, or act in any capacity for, any organization, agency, or institution with which the Center makes any contract or other arrangement under this section.", "id": "H91C6D66A24094EB3992EBB3BA663DBB2", "header": "Director and Deputy Director", "nested": [], "links": [ { "text": "section 5314", "legal-doc": "usc", "parsable-cite": "usc/5/5314" }, { "text": "section 5315", "legal-doc": "usc", "parsable-cite": "usc/5/5315" } ] }, { "text": "(d) Congressional requests \n(1) In general \nAny member of Congress may make requests to the Technical Assessment Board that the Center conduct an investigation and report to the requester, within a specified time period, on any matter relating to scientific and technical assessment. (2) Formal calls for requests \nThe chairman of the Technical Assessment Board established under subsection (b) shall submit to all members of Congress formal calls for requests under this subsection. (3) Prioritization \nRequests under paragraph (1) shall be addressed by the Center in accordance with the following priority order: (A) Requests with bipartisan and bicameral support. (B) Requests with bipartisan support. (C) Requests from other members. The Director, with the approval of the Technical Assessment Board, may determine the final priority for consideration of and fulfilling requests among and within each category described in subparagraphs (A) through (C).", "id": "H1A63E1B20303439B87DAAA2128F691D5", "header": "Congressional requests", "nested": [], "links": [] }, { "text": "(e) Advisory panels \nThe Director may establish an advisory panel as necessary to support each technical assessment report provided by the Center. Such panels shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.).", "id": "HFC87E4975C1541D0B992F86D7984C9E0", "header": "Advisory panels", "nested": [], "links": [] }, { "text": "(f) Peer review \nEach report requested under this subsection shall be subject to peer review before delivery to the committee or member of Congress requesting the report. Such peer review shall consist of rigorous vetting, checking, criticism, and recommendations for improvement by independent, qualified experts in the various aspects of the subject of the request under study. Independent experts shall assess each Center report by considering the scientific method, factual accuracy, results, and conclusions put forward by the authors. The peer reviewers’ comments shall be given to the report authors to allow for change, improvement, and modification of the report before delivery to the Director. After final review by the Director, and the approval of the Technical Assessment Board, the report shall be delivered to the committee or member of Congress requesting the report.", "id": "H95A9BA16657E4EE3AE7E45235086A169", "header": "Peer review", "nested": [], "links": [] }, { "text": "(g) Public release \nExcept for classified reports, the Center, with the permission of the Technical Assessment Board, shall promptly release a report requested under subsection (d) to the public, except that such release shall be delayed by not more than 2 weeks at the request of the Technical Assessment Board or a member of Congress.", "id": "H5568F60E6E76457BA3AA00EA46D79556", "header": "Public release", "nested": [], "links": [] }, { "text": "(h) Authorization of appropriations \nThere are authorized to be appropriated to the Comptroller General for carrying out this section $30,000,000 for each of the fiscal years 2005 through 2007, to remain available until expended.", "id": "H00FD0AA10EA14B4B8B47F98945E7EC7F", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "section 5314", "legal-doc": "usc", "parsable-cite": "usc/5/5314" }, { "text": "section 5315", "legal-doc": "usc", "parsable-cite": "usc/5/5315" } ] } ]

[ "Science, Space, and Technology Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as.", "id": "HF5D537F3D3E648E09B005F2D37C89677", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Revocation of probation or supervised release \n(a) Probation \nSection 3565(b) of title 18, United States Code, is amended— (1) by striking or at the end of paragraph (3); and (2) by inserting after paragraph (4) the following: (5) commits a felony crime of violence; or (6) commits a crime of violence against, or an offense that consists of or is intended to facilitate unlawful sexual contact (as defined in section 2246) with, a person who has not attained the age of 16 years;. (b) Supervised release \nSection 3583(g) of title 18, United States Code, is amended— (1) by striking or at the end of paragraph (3); and (2) by inserting after paragraph (4) the following: (5) commits a felony crime of violence; or (6) commits a crime of violence against, or an offense that consists of or is intended to facilitate unlawful sexual contact (as defined in section 2246) with, a person who has not attained the age of 16 years;.", "id": "H301DCA3A297344F60030011054DA6293", "header": "Revocation of probation or supervised release", "nested": [ { "text": "(a) Probation \nSection 3565(b) of title 18, United States Code, is amended— (1) by striking or at the end of paragraph (3); and (2) by inserting after paragraph (4) the following: (5) commits a felony crime of violence; or (6) commits a crime of violence against, or an offense that consists of or is intended to facilitate unlawful sexual contact (as defined in section 2246) with, a person who has not attained the age of 16 years;.", "id": "HDF77016D7D744B7E00C1AE400087A7", "header": "Probation", "nested": [], "links": [ { "text": "Section 3565(b)", "legal-doc": "usc", "parsable-cite": "usc/18/3565" } ] }, { "text": "(b) Supervised release \nSection 3583(g) of title 18, United States Code, is amended— (1) by striking or at the end of paragraph (3); and (2) by inserting after paragraph (4) the following: (5) commits a felony crime of violence; or (6) commits a crime of violence against, or an offense that consists of or is intended to facilitate unlawful sexual contact (as defined in section 2246) with, a person who has not attained the age of 16 years;.", "id": "HF19C611094134902AD14C03C4D44BBC6", "header": "Supervised release", "nested": [], "links": [ { "text": "Section 3583(g)", "legal-doc": "usc", "parsable-cite": "usc/18/3583" } ] } ], "links": [ { "text": "Section 3565(b)", "legal-doc": "usc", "parsable-cite": "usc/18/3565" }, { "text": "Section 3583(g)", "legal-doc": "usc", "parsable-cite": "usc/18/3583" } ] }, { "text": "3. Amber alert grant program \n(a) Eligibility requirements \nSection 303(c) of the PROTECT Act ( 42 U.S.C. 5791b(c) ) is amended by adding at the end the following: (3) Additional eligibility requirement \nTo be eligible for a grant under this section in a fiscal year, a State shall certify in writing to the Secretary that, in the fiscal year, the State, with respect to a minor residing in the State, will make a good faith effort to notify any non-custodial parent of the minor if— (A) the minor is the victim of a crime of violence or sexual abuse; or (B) the custodial parent of the minor is charged with a drug offense, rape, or crime of violence or sexual abuse.. (b) Authorization of appropriations \nSection 303(h) of such Act ( 42 U.S.C. 5791b(h) ) is amended by striking fiscal year 2004 and inserting each of fiscal years 2004 and 2005.", "id": "HACC51CB6A55340E0BAE56082C817FCCF", "header": "Amber alert grant program", "nested": [ { "text": "(a) Eligibility requirements \nSection 303(c) of the PROTECT Act ( 42 U.S.C. 5791b(c) ) is amended by adding at the end the following: (3) Additional eligibility requirement \nTo be eligible for a grant under this section in a fiscal year, a State shall certify in writing to the Secretary that, in the fiscal year, the State, with respect to a minor residing in the State, will make a good faith effort to notify any non-custodial parent of the minor if— (A) the minor is the victim of a crime of violence or sexual abuse; or (B) the custodial parent of the minor is charged with a drug offense, rape, or crime of violence or sexual abuse..", "id": "H8AF29981308940D1B5D618D1924B8DD8", "header": "Eligibility requirements", "nested": [], "links": [ { "text": "42 U.S.C. 5791b(c)", "legal-doc": "usc", "parsable-cite": "usc/42/5791b" } ] }, { "text": "(b) Authorization of appropriations \nSection 303(h) of such Act ( 42 U.S.C. 5791b(h) ) is amended by striking fiscal year 2004 and inserting each of fiscal years 2004 and 2005.", "id": "H0928D1476DDA4FC79255E7CA1CF8EC63", "header": "Authorization of appropriations", "nested": [], "links": [ { "text": "42 U.S.C. 5791b(h)", "legal-doc": "usc", "parsable-cite": "usc/42/5791b" } ] } ], "links": [ { "text": "42 U.S.C. 5791b(c)", "legal-doc": "usc", "parsable-cite": "usc/42/5791b" }, { "text": "42 U.S.C. 5791b(h)", "legal-doc": "usc", "parsable-cite": "usc/42/5791b" } ] } ]

[ "Judiciary Committee", "Transportation and Infrastructure Committee" ]

[ { "text": "1. IMPROVEMENTS TO EMPLOYMENT VERIFICATION SYSTEM \nSection 274A(b) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(b) ) is amended— (1) in paragraph (1), by inserting before A person or entity has complied the following: Such attestation may be manifested by either a hand-written or an electronic signature. ; (2) in paragraph (2), by adding at the end the following: Such attestation may be manifested by either a hand-written or an electronic signature. ; and (3) in paragraph (3), by inserting a paper or electronic version of after must retain.", "id": "H3207E1DE78624C1DB9146794E5E9B753", "header": "IMPROVEMENTS TO EMPLOYMENT VERIFICATION SYSTEM", "nested": [], "links": [ { "text": "8 U.S.C. 1324a(b)", "legal-doc": "usc", "parsable-cite": "usc/8/1324a" } ] } ]

[ "Judiciary Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H778D6792B0F04981BB98EDADD11FF89", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nThe Congress finds the following: (1) The Constitution of the United States, Article VI, states that the Constitution shall be the supreme law of the land and that every Senator, Representative, and every executive and judicial officer of the United States and of the several States, shall be bound by oath to faithfully discharge and perform their duties in conformity to the Constitution. (2) Although the Framers of the Constitution drew from a wide range of political and legal sources in the drafting of its various provisions, they deliberately designed the Constitution as a unique national instrument to govern the elected and appointed officials of the United States and of the several States and their political subdivisions. (3) The Constitution was originally ordained and ratified by the people of the United States so the legislative, executive, and judicial powers of the Federal and State governments would be exercised in accordance with the fixed and enduring principles of the Constitution, as it was ratified by the peoples’ representatives in accordance with Article VII of the Constitution, and as stated more than 200 years ago by Chief Justice of the United States John Marshall in Marbury v. Madison. (4) Departing from fidelity to the original constitutional text, the Federal judiciary has increasingly disregarded the will of the American people, transforming constitutional principles that were originally designed by the people to be permanent into a set of evolving standards subject to change by judicial opinion, and thereby undermining the American people’s right to establish a government according to written constitutional provisions ratified by their elected representatives in constitutional convention. (5) The Supreme Court of the United States in Atkins v. Virginia and Lawrence v. Texas found individual constitutional rights that are directly contrary to the American common-law tradition when it employed a new technique of interpretation called transjudicialism : the reliance by American judges upon foreign judicial and other legal sources outside of American constitutional law. (6) Under this new system of transjudicialism or global law , individual justices of the Supreme Court of the United States have publicly stated they expect American courts to increasingly base their opinions interpreting the Constitution in light of international law or transnational law , thereby amending the Constitution from an expression of We the People of the United States to an expression of the will of judges. (7) The American people are rightfully entitled to be governed by the Constitution, not as amended by judges through the process of transjudicialism , but as amended by the process set forth in Article V of the Constitution. (8) To the end that the amendment process provided for in Article V of the Constitution is preserved, and that the Federal courts exercise only judicial power as vested in them by the people, Congress has the power under Article I, section 8, clause 18 and Article III, sections 1 and 2, to regulate the Federal courts.", "id": "HEBFFD46588C3409AAFD76F462FDBB236", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Interpretation of the Constitution \nNeither the Supreme Court of the United States nor any lower Federal court shall, in the purported exercise of judicial power to interpret and apply the Constitution of the United States, employ the constitution, laws, administrative rules, executive orders, directives, policies, or judicial decisions of any international organization or foreign state, except for the English constitutional and common law or other sources of law relied upon by the Framers of the Constitution of the United States.", "id": "H27E42D13A2144EF8AB28337639A4555F", "header": "Interpretation of the Constitution", "nested": [], "links": [] } ]

[ "Judiciary Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as.", "id": "HB2EE32E5FC694D708477FF77C4ED1DA4", "header": "Short title", "nested": [], "links": [] }, { "text": "2. References to general partners \n(a) Exclusion of certain active businesses from at risk rules \nSubclause (I) of section 465(c)(7)(D)(ii) of the Internal Revenue Code of 1986 (defining qualified corporate partner) is amended to read as follows: (I) such corporation is not prohibited or limited under State law from participation in the management or business of the partnership.. (b) Payments to retiring partners \nSubparagraph (B) of section 736(b)(3) of such Code (relating to limitation on application of paragraph (2)) is amended to read as follows: (B) any portion of the retiring or deceased partner’s distributive share of partnership income was subject to tax under section 1401.. (c) Foreign currency transactions \nSubclause (I) of section 988(c)(1)(E)(v) of such Code is amended to read as follows: (I) Certain general partners \nThe interest of a partner in the partnership shall not be treated as failing to meet the 20-percent ownership requirements of clause (iii)(I) for any taxable year of the partnership if for the taxable year of the partner in which such partnership taxable year ends— (aa) the partner is not limited as to participation in the management or activity of the qualified fund, and (bb) such partner (and each corporation filing a consolidated return with such partner) had no ordinary income or loss from a section 988 transaction which is foreign currency gain or loss (as the case may be).. (d) Special valuation rules for generation-skipping tax \nClause (ii) of section 2701(b)(2)(B) of such Code (relating to partnerships) is amended to read as follows: (ii) in the case of a limited partnership, the holding of any interest as a partner who is not limited as to participation in management or activity of the partnership.. (e) Tax matters partner \nParagraph (7) of section 6231(a) of such Code (defining tax matters partner) is amended to read as follows: (7) Tax matters partner \n(A) In general \nThe tax matters partner of any partnership is— (i) the partner designated as the tax matters partner as provided in regulations, or (ii) if there is no partner who has been so designated, the partner having the largest profits interest in the partnership at the close of the taxable year involved (or, where there is more than 1 such partner, the 1 of such partners whose name would appear first in an alphabetical listing). (B) Selection by Secretary \nIf there is no partner designated under subparagraph (A)(i) and the Secretary determines that it is impracticable to apply subparagraph (A)(ii), the partner selected by the Secretary shall be treated as the tax matters partner. The Secretary shall, within 30 days of selecting a tax matters partner under the preceding sentence, notify all partners required to receive notice under section 6223(a) of the name and address of the person selected. (C) Restriction on designation of partner \nA partner may not be designated as a tax matters partner under subparagraph (A)(i) unless such partner is not limited as to participation in management or activity of the partnership.. (f) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2004.", "id": "HD10967114641428C95C41977C172612", "header": "References to general partners", "nested": [ { "text": "(a) Exclusion of certain active businesses from at risk rules \nSubclause (I) of section 465(c)(7)(D)(ii) of the Internal Revenue Code of 1986 (defining qualified corporate partner) is amended to read as follows: (I) such corporation is not prohibited or limited under State law from participation in the management or business of the partnership..", "id": "H4604DCC672754CCDBDC5C200290083A5", "header": "Exclusion of certain active businesses from at risk rules", "nested": [], "links": [ { "text": "section 465(c)(7)(D)(ii)", "legal-doc": "usc", "parsable-cite": "usc/26/465" } ] }, { "text": "(b) Payments to retiring partners \nSubparagraph (B) of section 736(b)(3) of such Code (relating to limitation on application of paragraph (2)) is amended to read as follows: (B) any portion of the retiring or deceased partner’s distributive share of partnership income was subject to tax under section 1401..", "id": "H884B99BA0046476985B1BC4BC2C8CD7", "header": "Payments to retiring partners", "nested": [], "links": [] }, { "text": "(c) Foreign currency transactions \nSubclause (I) of section 988(c)(1)(E)(v) of such Code is amended to read as follows: (I) Certain general partners \nThe interest of a partner in the partnership shall not be treated as failing to meet the 20-percent ownership requirements of clause (iii)(I) for any taxable year of the partnership if for the taxable year of the partner in which such partnership taxable year ends— (aa) the partner is not limited as to participation in the management or activity of the qualified fund, and (bb) such partner (and each corporation filing a consolidated return with such partner) had no ordinary income or loss from a section 988 transaction which is foreign currency gain or loss (as the case may be)..", "id": "HE875DC702C0D4FBE988BAAB38D74CC51", "header": "Foreign currency transactions", "nested": [], "links": [] }, { "text": "(d) Special valuation rules for generation-skipping tax \nClause (ii) of section 2701(b)(2)(B) of such Code (relating to partnerships) is amended to read as follows: (ii) in the case of a limited partnership, the holding of any interest as a partner who is not limited as to participation in management or activity of the partnership..", "id": "H86A22326AC6D4EDF00640096A6FBF39", "header": "Special valuation rules for generation-skipping tax", "nested": [], "links": [] }, { "text": "(e) Tax matters partner \nParagraph (7) of section 6231(a) of such Code (defining tax matters partner) is amended to read as follows: (7) Tax matters partner \n(A) In general \nThe tax matters partner of any partnership is— (i) the partner designated as the tax matters partner as provided in regulations, or (ii) if there is no partner who has been so designated, the partner having the largest profits interest in the partnership at the close of the taxable year involved (or, where there is more than 1 such partner, the 1 of such partners whose name would appear first in an alphabetical listing). (B) Selection by Secretary \nIf there is no partner designated under subparagraph (A)(i) and the Secretary determines that it is impracticable to apply subparagraph (A)(ii), the partner selected by the Secretary shall be treated as the tax matters partner. The Secretary shall, within 30 days of selecting a tax matters partner under the preceding sentence, notify all partners required to receive notice under section 6223(a) of the name and address of the person selected. (C) Restriction on designation of partner \nA partner may not be designated as a tax matters partner under subparagraph (A)(i) unless such partner is not limited as to participation in management or activity of the partnership..", "id": "HA0549AFC51A646CDB169AD78E006D79", "header": "Tax matters partner", "nested": [], "links": [] }, { "text": "(f) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2004.", "id": "H49E0839DCAA540889D969F1D5349B243", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "section 465(c)(7)(D)(ii)", "legal-doc": "usc", "parsable-cite": "usc/26/465" } ] }, { "text": "3. References to limited partners \n(a) Limited entrepreneur \n(1) In general \nSubparagraph (A) of section 464(e)(2) of the Internal Revenue Code of 1986 (defining limited entrepreneur) is amended by striking other than as a limited partner. (2) Conforming amendments \n(A) Section 464(c) of such Code is amended— (i) by striking limited partners or in paragraph (1)(B), (ii) by striking a limited partner or in paragraph (2). (B) Section 1256 of such Code is amended— (i) by striking limited partners or each place it appears in subsections (e)(3)(B) and (f)(4), (ii) by striking a limited partner or in subsection (e)(3)(C), and (iii) by striking limited partner or both places it appears in the heading and text of subsection (e)(4)(A)(i). (C) Section 1258(d)(5)(C) of such Code is amended— (i) by striking limited partner or in the matter preceding subclause (i), (ii) by striking “limited partner’s (or limited entrepreneur’s) in subclause (i) and inserting “limited entrepreneur’s”, and (iii) by striking partners and limited in the heading. (b) Passive loss rules \n(1) Subsection (h) of section 469 of such Code is amended by striking paragraph (2) and by redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively. (2) Subparagraph (A) of section 469(c)(7) of such Code is amended by striking the last sentence. (3) Paragraph (6) of section 469(i) of such Code is amended by striking subparagraph (C) and by redesignating subparagraph (D) as subparagraph (C). (4) Subsection (f) of section 772 of such Code (relating to special rules for applying passive loss limitations) is amended to read as follows: (f) Special rules for applying passive loss limitations \n(1) In general \nIf any person holds an interest in an electing large partnership other than as a partner described in paragraph (3)— (A) paragraph (2) of subsection (c) shall not apply to such partner, and (B) such partner’s distributive share of the partnership items allocable to passive loss limitation activities shall be taken into account separately to the extent necessary to comply with the provisions of section 469. (2) Exception \nParagraph (1) shall not apply to any items allocable to an interest held as a partner described in paragraph (3). (3) Partner described \nFor purposes of this subsection, a partner is described in this paragraph if the partner is a person whose participation in the management or business activity of the partnership is limited under applicable State law.. (c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2004.", "id": "HC1D7F3D4B4924AD29E2FBAA95D0068DB", "header": "References to limited partners", "nested": [ { "text": "(a) Limited entrepreneur \n(1) In general \nSubparagraph (A) of section 464(e)(2) of the Internal Revenue Code of 1986 (defining limited entrepreneur) is amended by striking other than as a limited partner. (2) Conforming amendments \n(A) Section 464(c) of such Code is amended— (i) by striking limited partners or in paragraph (1)(B), (ii) by striking a limited partner or in paragraph (2). (B) Section 1256 of such Code is amended— (i) by striking limited partners or each place it appears in subsections (e)(3)(B) and (f)(4), (ii) by striking a limited partner or in subsection (e)(3)(C), and (iii) by striking limited partner or both places it appears in the heading and text of subsection (e)(4)(A)(i). (C) Section 1258(d)(5)(C) of such Code is amended— (i) by striking limited partner or in the matter preceding subclause (i), (ii) by striking “limited partner’s (or limited entrepreneur’s) in subclause (i) and inserting “limited entrepreneur’s”, and (iii) by striking partners and limited in the heading.", "id": "H86C14987AAF84E71A613D400EBC0D95E", "header": "Limited entrepreneur", "nested": [], "links": [ { "text": "section 464(e)(2)", "legal-doc": "usc", "parsable-cite": "usc/26/464" } ] }, { "text": "(b) Passive loss rules \n(1) Subsection (h) of section 469 of such Code is amended by striking paragraph (2) and by redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively. (2) Subparagraph (A) of section 469(c)(7) of such Code is amended by striking the last sentence. (3) Paragraph (6) of section 469(i) of such Code is amended by striking subparagraph (C) and by redesignating subparagraph (D) as subparagraph (C). (4) Subsection (f) of section 772 of such Code (relating to special rules for applying passive loss limitations) is amended to read as follows: (f) Special rules for applying passive loss limitations \n(1) In general \nIf any person holds an interest in an electing large partnership other than as a partner described in paragraph (3)— (A) paragraph (2) of subsection (c) shall not apply to such partner, and (B) such partner’s distributive share of the partnership items allocable to passive loss limitation activities shall be taken into account separately to the extent necessary to comply with the provisions of section 469. (2) Exception \nParagraph (1) shall not apply to any items allocable to an interest held as a partner described in paragraph (3). (3) Partner described \nFor purposes of this subsection, a partner is described in this paragraph if the partner is a person whose participation in the management or business activity of the partnership is limited under applicable State law..", "id": "H979654F4C9DE48C3B6E9D3FF4629FE04", "header": "Passive loss rules", "nested": [], "links": [] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2004.", "id": "HFA07E564993E4CC9904F6C3E8518DD15", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "section 464(e)(2)", "legal-doc": "usc", "parsable-cite": "usc/26/464" } ] }, { "text": "4. Partnership income attributable to capital excluded from net earnings from self-employment \n(a) In general \nParagraph (13) of section 1402(a) of the Internal Revenue Code of 1986 is amended to read as follows: (13) there shall be excluded the distributive share of net income of a partner attributable to capital;. (b) Partnership income attributable to capital \nSection 1402 of such Code is amended by adding at the end the following new subsection: (l) Partnership income attributable to capital \n(1) In general \nFor purposes of subsection (a)(13), the following amounts shall be treated as income attributable to capital— (A) the amount, if any, in excess of what would constitute reasonable compensation for services rendered by such partner to the partnership, and (B) an amount equal to a reasonable rate of return on unreturned capital of the partner determined as of the beginning of the taxable year. (2) Definitions \nFor purposes of paragraph (1)— (A) Unreturned capital \nThe term unreturned capital means the excess of the aggregate amount of money and the fair market value as of the date of contribution of other consideration (net of liabilities) contributed by the partner over the aggregate amount of money and the fair market value as of the date of distribution of other consideration (net of liabilities) distributed by the partnership to the partner, increased or decreased for the partner’s distributive share of all reportable items as determined in section 702. If the partner acquires a partnership interest and the partnership makes an election under section 754, the partner’s unreturned capital shall take into account appropriate adjustments under section 743. (B) Reasonable rate of return \nA reasonable rate of return on unreturned capital shall equal 150 percent (or such higher rate as is established in regulations) of the highest applicable Federal rate, as determined under section 1274(d)(1), at the beginning of the partnership’s taxable year. (3) Regulations \nThe Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this subsection.. (c) Effective date \nThe amendments made by this section shall apply with respect to services performed in taxable years beginning after December 31, 2004.", "id": "H2353ADB1CDEE42558D31313845188FD3", "header": "Partnership income attributable to capital excluded from net earnings from self-employment", "nested": [ { "text": "(a) In general \nParagraph (13) of section 1402(a) of the Internal Revenue Code of 1986 is amended to read as follows: (13) there shall be excluded the distributive share of net income of a partner attributable to capital;.", "id": "HDA86F75E105940649CEE1DF624FF3117", "header": "In general", "nested": [], "links": [ { "text": "section 1402(a)", "legal-doc": "usc", "parsable-cite": "usc/26/1402" } ] }, { "text": "(b) Partnership income attributable to capital \nSection 1402 of such Code is amended by adding at the end the following new subsection: (l) Partnership income attributable to capital \n(1) In general \nFor purposes of subsection (a)(13), the following amounts shall be treated as income attributable to capital— (A) the amount, if any, in excess of what would constitute reasonable compensation for services rendered by such partner to the partnership, and (B) an amount equal to a reasonable rate of return on unreturned capital of the partner determined as of the beginning of the taxable year. (2) Definitions \nFor purposes of paragraph (1)— (A) Unreturned capital \nThe term unreturned capital means the excess of the aggregate amount of money and the fair market value as of the date of contribution of other consideration (net of liabilities) contributed by the partner over the aggregate amount of money and the fair market value as of the date of distribution of other consideration (net of liabilities) distributed by the partnership to the partner, increased or decreased for the partner’s distributive share of all reportable items as determined in section 702. If the partner acquires a partnership interest and the partnership makes an election under section 754, the partner’s unreturned capital shall take into account appropriate adjustments under section 743. (B) Reasonable rate of return \nA reasonable rate of return on unreturned capital shall equal 150 percent (or such higher rate as is established in regulations) of the highest applicable Federal rate, as determined under section 1274(d)(1), at the beginning of the partnership’s taxable year. (3) Regulations \nThe Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this subsection..", "id": "H58A3DA45F0D644BFA9F600F13E422FD6", "header": "Partnership income attributable to capital", "nested": [], "links": [] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply with respect to services performed in taxable years beginning after December 31, 2004.", "id": "H92C14DF5A7794775B08104FC79DCB72F", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "section 1402(a)", "legal-doc": "usc", "parsable-cite": "usc/26/1402" } ] }, { "text": "5. Repeal of ability to elect large partnership reporting rules \n(a) In general \nParagraph (2) of section 775(a) of the Internal Revenue Code of 1986 (relating to election) is amended by adding at the end the following: No election under this subsection shall be made after December 31, 2004.. (b) Effective date \nThe amendment made by this section shall apply to partnership taxable years beginning after December 31, 2004.", "id": "H0A36729D8175481D9848C46992FBAEE5", "header": "Repeal of ability to elect large partnership reporting rules", "nested": [ { "text": "(a) In general \nParagraph (2) of section 775(a) of the Internal Revenue Code of 1986 (relating to election) is amended by adding at the end the following: No election under this subsection shall be made after December 31, 2004..", "id": "HB6F59735BA484D35A237404D326BBE6F", "header": "In general", "nested": [], "links": [ { "text": "section 775(a)", "legal-doc": "usc", "parsable-cite": "usc/26/775" } ] }, { "text": "(b) Effective date \nThe amendment made by this section shall apply to partnership taxable years beginning after December 31, 2004.", "id": "HEF9FF7E0DC734E1F805F4108C2BB261D", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "section 775(a)", "legal-doc": "usc", "parsable-cite": "usc/26/775" } ] } ]

[ "Ways and Means Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Restoring the Everglades, an American Legacy Act of 2004.", "id": "HE20DC49AE943447B9EFABA2CE347D47F", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Indian River Lagoon, South Florida \n(a) Indian river lagoon \nThe Secretary of the Army may carry out the project for ecosystem restoration, water supply, flood control, and protection of water quality, Indian River Lagoon, South Florida, at a total cost of $1,207,288,000, with an estimated first Federal cost of $603,644,000 and an estimated first non-Federal cost of $603,644,000, in accordance with section 601 of the Water Resources Development Act of 2000 (114 Stat. 2680), in accordance with the recommendations of the report of the Chief of Engineers, dated August 6, 2004. (b) Deauthorizations \nAs of the date of enactment of this Act, the following projects are not authorized: (1) The uncompleted portions of the project authorized by section 601(b)(2)(C)(i) of the Water Resources Development Act of 2000 (114 Stat. 2682), C–44 Basin Storage Reservoir of the Comprehensive Everglades Restoration Plan, at a total cost of $112,562,000, with an estimated Federal cost of $56,281,000 and an estimated non-Federal cost of $56,281,000. (2) The uncompleted portions of the project authorized by section 203 of the Flood Control Act of 1968 (82 Stat. 740), Martin County, Florida modifications to the Central and South Florida Project, as contained in Senate Document 101, 90th Congress, 2d Session, at a total cost of $15,471,000, with an estimated Federal cost of $8,073,000 and an estimated non-Federal cost of $7,398,000. (3) The uncompleted portions of the project authorized by section 203 of the Flood Control Act of 1968 (82 Stat. 740), East Coast Backpumping, St. Lucie—Martin County, Spillway Structure S–311 of the Central and South Florida Project, as contained in House Document 369, 90th Congress, 2d Session, at a total cost of $77,118,000, with an estimated Federal cost of $55,124,000 and an estimated non-Federal cost of $21,994,000.", "id": "H67F7D18469554AC3B9B5E4916D4F9318", "header": "Indian River Lagoon, South Florida", "nested": [ { "text": "(a) Indian river lagoon \nThe Secretary of the Army may carry out the project for ecosystem restoration, water supply, flood control, and protection of water quality, Indian River Lagoon, South Florida, at a total cost of $1,207,288,000, with an estimated first Federal cost of $603,644,000 and an estimated first non-Federal cost of $603,644,000, in accordance with section 601 of the Water Resources Development Act of 2000 (114 Stat. 2680), in accordance with the recommendations of the report of the Chief of Engineers, dated August 6, 2004.", "id": "H9D979D3655DD40D5B87FCA5CCCE3FA3C", "header": "Indian river lagoon", "nested": [], "links": [] }, { "text": "(b) Deauthorizations \nAs of the date of enactment of this Act, the following projects are not authorized: (1) The uncompleted portions of the project authorized by section 601(b)(2)(C)(i) of the Water Resources Development Act of 2000 (114 Stat. 2682), C–44 Basin Storage Reservoir of the Comprehensive Everglades Restoration Plan, at a total cost of $112,562,000, with an estimated Federal cost of $56,281,000 and an estimated non-Federal cost of $56,281,000. (2) The uncompleted portions of the project authorized by section 203 of the Flood Control Act of 1968 (82 Stat. 740), Martin County, Florida modifications to the Central and South Florida Project, as contained in Senate Document 101, 90th Congress, 2d Session, at a total cost of $15,471,000, with an estimated Federal cost of $8,073,000 and an estimated non-Federal cost of $7,398,000. (3) The uncompleted portions of the project authorized by section 203 of the Flood Control Act of 1968 (82 Stat. 740), East Coast Backpumping, St. Lucie—Martin County, Spillway Structure S–311 of the Central and South Florida Project, as contained in House Document 369, 90th Congress, 2d Session, at a total cost of $77,118,000, with an estimated Federal cost of $55,124,000 and an estimated non-Federal cost of $21,994,000.", "id": "HC5C9DBA5880C4F64A4178C95CB8031F7", "header": "Deauthorizations", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Picayune Strand Ecosystem Restoration, Collier County, Florida \nThe Secretary of the Army may carry out the project for ecosystem restoration, Picayune Strand, Collier County, Florida, at a total cost of $362,612,000, with an estimated Federal cost of $181,306,000 and an estimated non-Federal cost of $181,306,000, in accordance with section 601 of the Water Resources Development Act of 2000 (114 Stat. 2680), substantially in accordance with the project implementation report for the project, and subject to the conditions recommended in a final report of the Chief of Engineers, if a favorable report of the Chief is completed not later than December 31, 2004.", "id": "H99771F44E19045ECA64550E4C6DDE939", "header": "Picayune Strand Ecosystem Restoration, Collier County, Florida", "nested": [], "links": [] } ]

[ "Transportation and Infrastructure Committee" ]

[ { "text": "1. Report of employment placement, retention, and advancement of recently separated servicemembers \n(a) Contract for report \nThe Secretary of Veterans Affairs shall enter into a contract with a qualified entity to conduct a study of and prepare a report on the employment histories of recently separated servicemembers. (b) Content of report \n(1) The study conducted pursuant to subsection (a) shall consist of an analysis of employment-related data that has been collected with respect to recently separated servicemembers. (2) In conducting the study, the qualified entity shall— (A) determine whether the employment obtained by recently separated servicemembers is commensurate with training and education of those servicemembers; (B) determine whether recently separated servicemembers received educational assistance or training and rehabilitation under programs administered by the Secretary of Veterans Affairs under chapter 30 or 31 of title 38, United States Code, or under chapter 1606 of title 10, United States Code; (C) determine whether transition assistance services provided to recently separated servicemembers assisted those servicemembers in obtaining civilian employment; (D) analyze trends in hiring of veterans by the private sector; and (E) identify recently separated servicemembers who have reached senior level management positions. (c) Use of data \nIn conducting the study under subsection (a), the qualified entity shall review data compiled and reported by Bureau of Labor Statistics and shall collect additional data on the employment histories of recently separated servicemembers available from such other sources as the qualified entity determines to be appropriate. (d) Contract requirements \n(1) The contract entered into under subsection (a) shall contain such terms and conditions as the Secretary may require. The contract shall require that the report on the study be submitted to the Secretary not later than 2 years after the date on which the contract was entered into. (2) The report required under subsection (a) shall contain the findings and conclusions of the qualified entity on the study and specific recommendations to improve employment opportunities for veterans recently separated from service in the Armed Forces, including if appropriate recommendations for— (A) the establishment of networks of contacts for employment of such veterans in the private sector; (B) outreach to private sector leaders on the merits and sound business practice of hiring such veterans; and (C) additional methods to facilitate communication between private sector employers and such veterans who are seeking employment. (e) Funding \nPayment by the Secretary for the contract entered into under subsection (a)— (1) shall be made from the Department of Veterans Affairs appropriations account from which payments for compensation and pensions are made; and (2) may not exceed $490,000. (f) Definitions \nIn this section: (1) The term qualified entity means an entity or organization that meets the following requirements: (A) Demonstrated experience in conducting employment surveys of recently separated servicemembers, including Internet-based surveys, that meet such quality assurance requirements as the Secretary determines appropriate. (B) Demonstrated familiarity with veteran employment matters. (C) Demonstrated ability in developing plans to market veterans as employment assets. (D) Demonstrated ability to acquire services at no cost from other organizations, such as technology, staff services, and advertising services. (E) Demonstrated ability to develop relationships, establish employment networks, and facilitate interaction between private and public sector leaders and veterans. (2) The term employment history means, with respect to a recently separated servicemember, training, placement, retention, and advancement in employment of that servicemember. (3) The term recently separated servicemember means any veteran (as defined in section 101(2) of title 38, United States Code) discharged or released from active duty in the Armed Forces of the United States during the 16-year period beginning on January 1, 1990.", "id": "H0CFED866C2D04972B19FE5C4C1ECA64C", "header": "Report of employment placement, retention, and advancement of recently separated servicemembers", "nested": [ { "text": "(a) Contract for report \nThe Secretary of Veterans Affairs shall enter into a contract with a qualified entity to conduct a study of and prepare a report on the employment histories of recently separated servicemembers.", "id": "H40F61DF61C1548BCB5DDAD557723E424", "header": "Contract for report", "nested": [], "links": [] }, { "text": "(b) Content of report \n(1) The study conducted pursuant to subsection (a) shall consist of an analysis of employment-related data that has been collected with respect to recently separated servicemembers. (2) In conducting the study, the qualified entity shall— (A) determine whether the employment obtained by recently separated servicemembers is commensurate with training and education of those servicemembers; (B) determine whether recently separated servicemembers received educational assistance or training and rehabilitation under programs administered by the Secretary of Veterans Affairs under chapter 30 or 31 of title 38, United States Code, or under chapter 1606 of title 10, United States Code; (C) determine whether transition assistance services provided to recently separated servicemembers assisted those servicemembers in obtaining civilian employment; (D) analyze trends in hiring of veterans by the private sector; and (E) identify recently separated servicemembers who have reached senior level management positions.", "id": "H53FEBA14BC2441698B585253633E6316", "header": "Content of report", "nested": [], "links": [ { "text": "chapter 1606", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/1606" } ] }, { "text": "(c) Use of data \nIn conducting the study under subsection (a), the qualified entity shall review data compiled and reported by Bureau of Labor Statistics and shall collect additional data on the employment histories of recently separated servicemembers available from such other sources as the qualified entity determines to be appropriate.", "id": "HC20F7C87CA3443C08F5636219647D21E", "header": "Use of data", "nested": [], "links": [] }, { "text": "(d) Contract requirements \n(1) The contract entered into under subsection (a) shall contain such terms and conditions as the Secretary may require. The contract shall require that the report on the study be submitted to the Secretary not later than 2 years after the date on which the contract was entered into. (2) The report required under subsection (a) shall contain the findings and conclusions of the qualified entity on the study and specific recommendations to improve employment opportunities for veterans recently separated from service in the Armed Forces, including if appropriate recommendations for— (A) the establishment of networks of contacts for employment of such veterans in the private sector; (B) outreach to private sector leaders on the merits and sound business practice of hiring such veterans; and (C) additional methods to facilitate communication between private sector employers and such veterans who are seeking employment.", "id": "HFCA42473678A40908B4B7F4F5E727393", "header": "Contract requirements", "nested": [], "links": [] }, { "text": "(e) Funding \nPayment by the Secretary for the contract entered into under subsection (a)— (1) shall be made from the Department of Veterans Affairs appropriations account from which payments for compensation and pensions are made; and (2) may not exceed $490,000.", "id": "HA6E6A6B9739F4E4EBAF138E48F57CDE", "header": "Funding", "nested": [], "links": [] }, { "text": "(f) Definitions \nIn this section: (1) The term qualified entity means an entity or organization that meets the following requirements: (A) Demonstrated experience in conducting employment surveys of recently separated servicemembers, including Internet-based surveys, that meet such quality assurance requirements as the Secretary determines appropriate. (B) Demonstrated familiarity with veteran employment matters. (C) Demonstrated ability in developing plans to market veterans as employment assets. (D) Demonstrated ability to acquire services at no cost from other organizations, such as technology, staff services, and advertising services. (E) Demonstrated ability to develop relationships, establish employment networks, and facilitate interaction between private and public sector leaders and veterans. (2) The term employment history means, with respect to a recently separated servicemember, training, placement, retention, and advancement in employment of that servicemember. (3) The term recently separated servicemember means any veteran (as defined in section 101(2) of title 38, United States Code) discharged or released from active duty in the Armed Forces of the United States during the 16-year period beginning on January 1, 1990.", "id": "H81200DC0EC9B457CA1419D68D9F1856", "header": "Definitions", "nested": [], "links": [ { "text": "section 101(2)", "legal-doc": "usc", "parsable-cite": "usc/38/101" } ] } ], "links": [ { "text": "chapter 1606", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/1606" }, { "text": "section 101(2)", "legal-doc": "usc", "parsable-cite": "usc/38/101" } ] } ]

[ "Veterans' Affairs Committee" ]

[ { "text": "1. Permanent resident status for Maria Del Refugio Plascencia and Alfredo Plascencia-Lopez \n(a) In general \nNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act , Maria Del Refugio Plascencia and Alfredo Plascencia-Lopez shall each be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident. (b) Adjustment of status \nIf Maria Del Refugio Plascencia or Alfredo Plascencia-Lopez enters the United States before the filing deadline specified in subsection (c), he or she shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act. (c) Deadline for application and payment of fees \nSubsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act. (d) Reduction of immigrant visa number \nUpon the granting of an immigrant visa or permanent residence to Maria Del Refugio Plascencia and Alfredo Plascencia-Lopez, the Secretary of State shall instruct the proper officer to reduce by 2, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the aliens’ birth under section 203(a ) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the aliens’ birth under section 202(e) of such Act.", "id": "HC4D70925AD0A46A9AB3776CCA9626FF3", "header": "Permanent resident status for Maria Del Refugio Plascencia and Alfredo Plascencia-Lopez", "nested": [ { "text": "(a) In general \nNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act , Maria Del Refugio Plascencia and Alfredo Plascencia-Lopez shall each be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident.", "id": "H86A0182CBFF840C29132387E690850FB", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Adjustment of status \nIf Maria Del Refugio Plascencia or Alfredo Plascencia-Lopez enters the United States before the filing deadline specified in subsection (c), he or she shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act.", "id": "HC28256232BC7424195746E6E2CDCFC4", "header": "Adjustment of status", "nested": [], "links": [ { "text": "section 245", "legal-doc": "act", "parsable-cite": "INA/245" } ] }, { "text": "(c) Deadline for application and payment of fees \nSubsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act.", "id": "HFBCF24C332FB44A491E3CD13BB009691", "header": "Deadline for application and payment of fees", "nested": [], "links": [] }, { "text": "(d) Reduction of immigrant visa number \nUpon the granting of an immigrant visa or permanent residence to Maria Del Refugio Plascencia and Alfredo Plascencia-Lopez, the Secretary of State shall instruct the proper officer to reduce by 2, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the aliens’ birth under section 203(a ) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the aliens’ birth under section 202(e) of such Act.", "id": "HB1158727A43846258311CF159493BF69", "header": "Reduction of immigrant visa number", "nested": [], "links": [ { "text": "section 203(a", "legal-doc": "act", "parsable-cite": "INA/203(a" } ] } ], "links": [ { "text": "section 245", "legal-doc": "act", "parsable-cite": "INA/245" }, { "text": "section 203(a", "legal-doc": "act", "parsable-cite": "INA/203(a" } ] } ]

[ "Judiciary Committee" ]

[ { "text": "1. Driving under the influence of an illegal drug \n(a) Duties \nThe Administrator shall— (1) advise and coordinate with other Federal agencies on how to address the problem of driving under the influence of an illegal drug; (2) conduct research on the prevention, detection, and prosecution of driving under the influence of an illegal drug; and (3) transmit to the Congress on an annual basis a report including— (A) a description of the extent of the problem of driving under the influence of an illegal drug in each State and any available information relating thereto, including a description of any laws relating to the problem of driving under the influence of an illegal drug; (B) a description of the progress that each State has made in meeting the requirement of subsection (c); and (C) recommendations for addressing the problem of driving under the influence of an illegal drug. The Administrator shall transmit the first report under paragraph (3) not later than one year after the date of enactment of this Act. (b) Transfer of funds \n(1) Fiscal year 2007 \nOn October 1, 2006, if a State has not met the requirement of subsection (c), the Secretary shall transfer to the Administrator 1 percent of the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) of title 23, United States Code. (2) Fiscal year 2008 \nOn October 1, 2007, if a State has not met the requirement of subsection (c), the Secretary shall transfer to the Administrator 2 percent of the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) of title 23, United States Code. (3) Fiscal year 2009 \nOn October 1, 2008, if a State has not met the requirement of subsection (c), the Secretary shall transfer to the Administrator 4 percent of the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) of title 23, United States Code. (4) Fiscal year 2010 \nOn October 1, 2009, if a State has not met the requirement of subsection (c), the Secretary shall transfer to the Administrator 8 percent of the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) of title 23, United States Code. (5) Fiscal year 2011 \nOn October 1, 2010, if a State has not met the requirement of subsection (c), the Secretary shall transfer to the Administrator 16 percent of the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) of title 23, United States Code. (6) Fiscal year 2012 \nOn October 1, 2011, if a State has not met the requirement of subsection (c), the Secretary shall transfer to the Administrator 32 percent of the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) of title 23, United States Code. (7) Fiscal years thereafter \nOn October 1, 2012, and each October 1 thereafter, if a State has not met the requirement of subsection (c), the Secretary shall transfer to the Administrator 50 percent of the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) of title 23, United States Code. (c) Requirement \nA State meets the requirement of this subsection if— (1) the State has transmitted to the Administrator a plan for addressing the problem of driving under the influence of an illegal drug that includes enacting a law that— (A) prohibits an individual from driving under the influence of an illegal drug; and (B) includes a mandatory minimum penalty for an individual convicted of driving under the influence of an illegal drug; (2) the Administrator has approved the plan transmitted under paragraph (1); and (3) the State has enacted and is enforcing the law included in the plan approved by the Administrator under paragraph (2). (d) Use of transferred funds \nAny funds transferred to the Administrator under subsection (b) shall be used for the purpose of carrying out the duties of the National Highway Traffic Safety Administration. (e) Transfer of obligation authority \n(1) In general \nIf the Secretary transfers any funds to the Administrator under subsection (b) with respect to a State for a fiscal year, the Secretary shall transfer to the Administrator an amount, determined under paragraph (2), of obligation authority distributed for the fiscal year to the State for Federal-aid highways and highway safety construction programs. (2) Amount \nThe amount of obligation authority referred to in paragraph (1) shall be determined by multiplying— (A) the amount of funds transferred under subsection (b) to the Administrator with respect to a State for the fiscal year, by (B) the ratio that— (i) the amount of obligation authority distributed for the fiscal year to the State for Federal-aid highways and highway safety construction programs, bears to (ii) the total of the sums apportioned to the State for Federal-aid highways and highway safety construction programs (excluding sums not subject to any obligation limitation) for the fiscal year.", "id": "HA6F48A2129374CD0968FAA48752B2833", "header": "Driving under the influence of an illegal drug", "nested": [ { "text": "(a) Duties \nThe Administrator shall— (1) advise and coordinate with other Federal agencies on how to address the problem of driving under the influence of an illegal drug; (2) conduct research on the prevention, detection, and prosecution of driving under the influence of an illegal drug; and (3) transmit to the Congress on an annual basis a report including— (A) a description of the extent of the problem of driving under the influence of an illegal drug in each State and any available information relating thereto, including a description of any laws relating to the problem of driving under the influence of an illegal drug; (B) a description of the progress that each State has made in meeting the requirement of subsection (c); and (C) recommendations for addressing the problem of driving under the influence of an illegal drug. The Administrator shall transmit the first report under paragraph (3) not later than one year after the date of enactment of this Act.", "id": "H3B53BB24432246EC8518D9A481B7FC17", "header": "Duties", "nested": [], "links": [] }, { "text": "(b) Transfer of funds \n(1) Fiscal year 2007 \nOn October 1, 2006, if a State has not met the requirement of subsection (c), the Secretary shall transfer to the Administrator 1 percent of the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) of title 23, United States Code. (2) Fiscal year 2008 \nOn October 1, 2007, if a State has not met the requirement of subsection (c), the Secretary shall transfer to the Administrator 2 percent of the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) of title 23, United States Code. (3) Fiscal year 2009 \nOn October 1, 2008, if a State has not met the requirement of subsection (c), the Secretary shall transfer to the Administrator 4 percent of the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) of title 23, United States Code. (4) Fiscal year 2010 \nOn October 1, 2009, if a State has not met the requirement of subsection (c), the Secretary shall transfer to the Administrator 8 percent of the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) of title 23, United States Code. (5) Fiscal year 2011 \nOn October 1, 2010, if a State has not met the requirement of subsection (c), the Secretary shall transfer to the Administrator 16 percent of the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) of title 23, United States Code. (6) Fiscal year 2012 \nOn October 1, 2011, if a State has not met the requirement of subsection (c), the Secretary shall transfer to the Administrator 32 percent of the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) of title 23, United States Code. (7) Fiscal years thereafter \nOn October 1, 2012, and each October 1 thereafter, if a State has not met the requirement of subsection (c), the Secretary shall transfer to the Administrator 50 percent of the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) of title 23, United States Code.", "id": "H52EF2F6AAB4E47AC9B1D9B2657D38487", "header": "Transfer of funds", "nested": [], "links": [ { "text": "section 104(b)", "legal-doc": "usc", "parsable-cite": "usc/23/104" }, { "text": "section 104(b)", "legal-doc": "usc", "parsable-cite": "usc/23/104" }, { "text": "section 104(b)", "legal-doc": "usc", "parsable-cite": "usc/23/104" }, { "text": "section 104(b)", "legal-doc": "usc", "parsable-cite": "usc/23/104" }, { "text": "section 104(b)", "legal-doc": "usc", "parsable-cite": "usc/23/104" }, { "text": "section 104(b)", "legal-doc": "usc", "parsable-cite": "usc/23/104" }, { "text": "section 104(b)", "legal-doc": "usc", "parsable-cite": "usc/23/104" } ] }, { "text": "(c) Requirement \nA State meets the requirement of this subsection if— (1) the State has transmitted to the Administrator a plan for addressing the problem of driving under the influence of an illegal drug that includes enacting a law that— (A) prohibits an individual from driving under the influence of an illegal drug; and (B) includes a mandatory minimum penalty for an individual convicted of driving under the influence of an illegal drug; (2) the Administrator has approved the plan transmitted under paragraph (1); and (3) the State has enacted and is enforcing the law included in the plan approved by the Administrator under paragraph (2).", "id": "HC7E674C11D4F4C698BD2357086BFA4BE", "header": "Requirement", "nested": [], "links": [] }, { "text": "(d) Use of transferred funds \nAny funds transferred to the Administrator under subsection (b) shall be used for the purpose of carrying out the duties of the National Highway Traffic Safety Administration.", "id": "H14C44AB6A1F640FBAC8CB89500CE0090", "header": "Use of transferred funds", "nested": [], "links": [] }, { "text": "(e) Transfer of obligation authority \n(1) In general \nIf the Secretary transfers any funds to the Administrator under subsection (b) with respect to a State for a fiscal year, the Secretary shall transfer to the Administrator an amount, determined under paragraph (2), of obligation authority distributed for the fiscal year to the State for Federal-aid highways and highway safety construction programs. (2) Amount \nThe amount of obligation authority referred to in paragraph (1) shall be determined by multiplying— (A) the amount of funds transferred under subsection (b) to the Administrator with respect to a State for the fiscal year, by (B) the ratio that— (i) the amount of obligation authority distributed for the fiscal year to the State for Federal-aid highways and highway safety construction programs, bears to (ii) the total of the sums apportioned to the State for Federal-aid highways and highway safety construction programs (excluding sums not subject to any obligation limitation) for the fiscal year.", "id": "HB35058EEBE35439F93FCFEE003A711DD", "header": "Transfer of obligation authority", "nested": [], "links": [] } ], "links": [ { "text": "section 104(b)", "legal-doc": "usc", "parsable-cite": "usc/23/104" }, { "text": "section 104(b)", "legal-doc": "usc", "parsable-cite": "usc/23/104" }, { "text": "section 104(b)", "legal-doc": "usc", "parsable-cite": "usc/23/104" }, { "text": "section 104(b)", "legal-doc": "usc", "parsable-cite": "usc/23/104" }, { "text": "section 104(b)", "legal-doc": "usc", "parsable-cite": "usc/23/104" }, { "text": "section 104(b)", "legal-doc": "usc", "parsable-cite": "usc/23/104" }, { "text": "section 104(b)", "legal-doc": "usc", "parsable-cite": "usc/23/104" } ] }, { "text": "2. Definitions \nFor purposes of this Act— (1) the term Administrator means the Administrator of the National Highway Traffic Safety Administration; and (2) the term Secretary means the Secretary of Transportation.", "id": "HA8D9656846534563BBFD74D7CFFB8EB3", "header": "Definitions", "nested": [], "links": [] } ]

[ "Energy and Commerce Committee", "Transportation and Infrastructure Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Repairing Young Women’s Lives Around the World Act.", "id": "HF83A747CE20449AD9B59A5F33870FDAD", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds the following: (1) Every minute, 1 woman dies from pregnancy-related complications. 95 percent of these women live in Africa and Asia. (2) For every woman who dies from pregnancy-related complications, 15 to 30 women survive but experience chronic disabilities. The worst is obstetric fistula which is caused when a woman who needs trained medical assistance for a safe delivery, including Caesarian section, cannot get it. (3) Obstetric fistula is a hole that is formed between the bladder and the vagina, or the rectum and the vagina, after a woman suffers from prolonged obstructed labor. In the struggle to pass through the birth canal, the fetus puts constant pressure, sometimes for several days, on the bladder and vaginal or rectal wall, destroying the tissue and leaving a wound. (4) According to the Department of State: “Pregnancy at an early age often leads to obstetric fistulae and permanent incontinence. [In Ethiopia], treatment is available at only 1 hospital in Addis Ababa that performs over 1,000 fistula operations a year. It estimates that for every successful operation performed, 10 other young women need the treatment. The maternal mortality rate is extremely high due, in part, to food taboos for pregnant women, poverty, early marriage, and birth complications related to FGM [Female Genital Mutilation], especially infibulation.”. (5) Obstetric fistula affects women who survive obstructed labor. (6) In nearly every case of obstetric fistula, the baby will be stillborn and the mother will have physical pain as well as social and emotional trauma from the loss of her child. (7) The physical symptoms of obstetric fistula include incontinence or constant uncontrollable leaking of urine or feces, frequent bladder infections, infertility, and foul odor. (8) The social consequences for women with obstetric fistula include isolation and lack of opportunity, divorce or abandonment, ridicule and shame, inability to start a family, illness, and risk of violence. (9) Although data on obstetric fistula are scarce, the World Health Organization (WHO) estimates there are more than 2,000,000 women living with fistula and 50,000 to 100,000 new cases each year. (10) Obstetric fistula was once common throughout the world, but over the last century has been eradicated in Europe, North America, and other developed regions through improved medical care. (11) Obstetric fistula is fully preventable by having a trained medical attendant present during labor and childbirth, delaying early marriage and childbirth, and gaining access to family planning. (12) Obstetric fistula can also be surgically repaired. Surgery requires a specially trained surgeon and support staff, access to an operating theater and to attentive post-operative care. Success rates for surgical repair of fistula are close to 90 percent and cost between $100 and $400. (13) In 2003, the United Nations Population Fund (UNFPA) launched a global campaign to identify and address the incidence of obstetric fistula in Africa and Asia in an effort to develop a means to repair those who are suffering and provide the necessary health services to prevent further cases. The campaign currently supports 20 countries in Africa and Asia and provides surgery to women, trains doctors and nurses, equips hospitals, and undertakes community outreach to prevent further cases. (14) The United States Government provided a voluntary contribution of $21,500,000 to UNFPA for fiscal year 2001 and the Administration's budget request for fiscal year 2002 allocated $25,000,000 for UNFPA. (15) The UNFPA is working in 89 countries to reduce maternal death and disability, including obstetric fistula, through preventive, curative, and rehabilitative methods. (16) In the winter of 2001, the Secretary of State submitted written testimony to the Committee on Foreign Relations of the Senate expressing support for the invaluable work of the UNFPA and for securing funding for the organization. (17) The United States Government, as part of its efforts to improve the dire health conditions of Afghan women, pledged in October 2001 an additional $600,000 to the UNFPA to address the reproductive health care needs of Afghan refugees in surrounding nations and of internally displaced persons within Afghanistan. (18) Congress demonstrated its strong bipartisan support for a voluntary United States contribution to the UNFPA of up to $34,000,000 in the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002, which was passed by the House of Representatives on a vote of 357 to 66 and by the Senate by unanimous consent and signed into law ( Public Law 107–115 ) by the President on January 10, 2002. However, the President decided not to obligate the funds. (19) In May 2002, the President sent a 3-person delegation to investigate UNFPA programs in China and allegations that the agency was involved in coercive abortion practices. (20) This independent delegation concluded that such allegations were untrue. (21) On May 29, 2002, the delegation sent a letter to the Secretary of State stating the following: First Finding: We find no evidence that UNFPA has knowingly supported or participated in the management of a program of coercive abortion or involuntary sterilization in the PRC. First Recommendation: We therefore recommend that not more than $34,000,000 which has already been appropriated be released to UNFPA.. (22) Regrettably, the Administration overruled the recommendation of its own delegation and invoked an overly broad interpretation of the law in order to eliminate funding for UNFPA.", "id": "HF7B94CB679254AA0B49BFA68471814BB", "header": "Findings", "nested": [], "links": [ { "text": "Public Law 107–115", "legal-doc": "public-law", "parsable-cite": "pl/107/115" } ] }, { "text": "3. UNITED STATES VOLUNTARY CONTRIBUTION TO THE UNITED NATIONS POPULATION FUND \nNotwithstanding any other provision of law, in addition to amounts otherwise available to carry out the purposes of chapter 3 of part 1 of the Foreign Assistance Act of 1961, there are authorized to be appropriated $34,000,000 for fiscal year 2004 and each subsequent fiscal year to be available only for United States voluntary contributions to the United Nations Population Fund (UNFPA) only for prevention, remedy, and repair of obstetric fistula.", "id": "H11BC2101724B43EB8717548F007C94F8", "header": "UNITED STATES VOLUNTARY CONTRIBUTION TO THE UNITED NATIONS POPULATION FUND", "nested": [], "links": [] } ]

[ "Foreign Affairs Committee" ]

[ { "text": "1. Suspension of duty on 3-Hydroxy-4-[(4-methyl-2-sulfophenyl)azo]-2-naphthalenecarboxylic acid, calcium salt \n(a) In general \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.35.15 3-Hydroxy-4-[(4-methyl-2-sulfophenyl)azo]-2-naphthalenecarboxylic acid, calcium salt (CAS No. 5281–04–9) (provided for in subheading 3204.17.90) Free No change No change On or before 12/31/2007 (b) Effective date \nThe amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "H2642A086B4ED452B8E1C63D959A7B360", "header": "Suspension of duty on 3-Hydroxy-4-[(4-methyl-2-sulfophenyl)azo]-2-naphthalenecarboxylic acid, calcium salt", "nested": [ { "text": "(a) In general \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.35.15 3-Hydroxy-4-[(4-methyl-2-sulfophenyl)azo]-2-naphthalenecarboxylic acid, calcium salt (CAS No. 5281–04–9) (provided for in subheading 3204.17.90) Free No change No change On or before 12/31/2007", "id": "HCCB138EA083C4744A516BB3D0231AC7C", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Effective date \nThe amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "H915B4C1108ED44E38856C11EC4595E7", "header": "Effective date", "nested": [], "links": [] } ], "links": [] } ]

[ "Ways and Means Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Tribal Labor Relations Restoration Act of 2004.", "id": "H3445E46D77AB4809ABF94D5B6979D7EA", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definition of employer \nSection 2 of the National Labor Relations Act ( 29 U.S.C. 152 ) is amended— (1) in paragraph (2), by inserting or any business owned and operated by an Indian tribe and located on Indian lands, after subdivision thereof ; and (2) by adding at the end the following: (15) The term Indian tribe means any Indian tribe, band, nation, pueblo, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (16) The term Indian means any individual who is a member of an Indian tribe. (17) The term Indian lands means— (A) all lands within the limits of any Indian reservation; (B) any lands title to which is either held in trust by the United States for the benefit of any Indian tribe or individual or held by any Indian tribe or individual subject to restriction by the United States against alienation; and (C) any lands in the State of Oklahoma that are within the boundaries of a former reservation (as defined by the Secretary of the Interior) of a federally recognized Indian tribe..", "id": "HECC3CD2371044B4480A47B4EF0467302", "header": "Definition of employer", "nested": [], "links": [ { "text": "29 U.S.C. 152", "legal-doc": "usc", "parsable-cite": "usc/29/152" } ] } ]

[ "Education and the Workforce Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H764C7826A051423996AEC4D8F8822FE2", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nThe Congress finds as follows: (1) Access to accurate information at the point of sale concerning the effect of nutrients on disease is indispensable to the exercise of informed consumer choice in the marketplace and to the health and welfare of the American people. (2) In 1999, 2000, and 2001, Federal courts have held that Food and Drug Administration suppression of nutrient-disease information is a violation of the First Amendment to the United States Constitution. (3) Despite those holdings and despite the courts’ orders, the Food and Drug Administration continues to suppress nutrient-disease information that could improve public health, reduce the costs of health care, and promote the welfare of the American people. (4) The history of the Food and Drug Administration review of nutrient-disease relationships reveals a strong and unscientific bias against food and dietary supplement health claims in direct violation of the constitutional mandates of Federal courts and the intent of Congress. (5) The Food and Drug Administration favors suppression of health claims over disclosure, despite court imposed constitutional requirements to the contrary. (6) To ensure that health claims are evaluated rationally, fairly, and in compliance with constitutional requirements and the intent of Congress, the federal government must be denied authority to deny the public access to health information absent probable cause that the claims are untrue, misleading or pose a danger to human health and jurisdiction over health claims evaluation must be removed from the Food and Drug Administration and placed in the hands of Independent Scientific Reviewers who do not harbor a bias against food and dietary supplement health claims.", "id": "HCB935E5A940A4314A41400A84F3F800", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Authority for making health claims \n(a) Limitation on agency authority to restrict distribution \nNotwithstanding any other provision of Federal law, the Federal Government shall have no authority to restrict the distribution of any dietary supplement or other nutritional food on the basis that the manufacturer is making health claims unapproved by the Food and Drug Administration if— (1) the product has a label clearly stating that its health claims are not FDA approved; and (2) such Administration lacks evidence establishing probable cause that the claims contain misleading information posing a threat to the safety and well-being of those who use such product. (b) Independent review of agency determination of existence of probable cause \nIn the event that the Food and Drug Administration determines that there is probable cause that the claims for a dietary supplement or other nutritional food contain misleading information posing a threat to the safety and well-being of those who use such product, such Administration shall, before acting against the product carrying the allegedly offensive claims, submit the claims to review before an independent review board as described in the following sections of this Act.", "id": "HD5E0694FA9694A6EA1DC6F5FE063C61", "header": "Authority for making health claims", "nested": [ { "text": "(a) Limitation on agency authority to restrict distribution \nNotwithstanding any other provision of Federal law, the Federal Government shall have no authority to restrict the distribution of any dietary supplement or other nutritional food on the basis that the manufacturer is making health claims unapproved by the Food and Drug Administration if— (1) the product has a label clearly stating that its health claims are not FDA approved; and (2) such Administration lacks evidence establishing probable cause that the claims contain misleading information posing a threat to the safety and well-being of those who use such product.", "id": "H1E9DAC056B82485588E268210AA239D", "header": "Limitation on agency authority to restrict distribution", "nested": [], "links": [] }, { "text": "(b) Independent review of agency determination of existence of probable cause \nIn the event that the Food and Drug Administration determines that there is probable cause that the claims for a dietary supplement or other nutritional food contain misleading information posing a threat to the safety and well-being of those who use such product, such Administration shall, before acting against the product carrying the allegedly offensive claims, submit the claims to review before an independent review board as described in the following sections of this Act.", "id": "H77385C03B5F64B6CA52FD3EFFABA84D0", "header": "Independent review of agency determination of existence of probable cause", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Definitions \nSection 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ) is amended by adding at the end the following: (nn) The term Independent Scientific Reviewer means a person who— (1) holds a Ph.D., an M.D., or both, and has been employed full-time for at least the past 5 consecutive years as a professor or assistant or associate professor in a department of medicine, biochemistry, epidemiology, pharmacology, pharmacognosy, or nutrition at a university that is accredited by an organization recognized by the Department of Education of the United States; (2) has never been employed by, and has never been contracted to do work for, the Food and Drug Administration or any other agency or office of the Department of Health and Human Services (except to review health claim petitions under section 403D); (3) has never been employed by, and has never been contracted to do work for, the health claim petitioner; (4) signs an oath pledging to evaluate the health claim petition provided to him or her by the Secretary in strict accordance with the criteria specified in section 403D; (5) signs an oath pledging not to discuss with any person the fact that he or she is reviewing the health claim petition or the substance of the petition or the substance of the evaluation before the results of the scientific review are supplied in a complete written evaluation to the Secretary; (6) signs an oath pledging to supply complete copies of all publicly available scientific evidence reviewed along with a complete written evaluation of the health claim to the Secretary no later than 180 days after receipt of the health claim petition from the Secretary; and (7) signs an oath pledging to exercise independent professional judgment, free of any external influence and any unscientific bias that might interfere with the objective evaluation of the health claim..", "id": "H8BA9D3988CA64DFFAE0223E305D06350", "header": "Definitions", "nested": [], "links": [ { "text": "21 U.S.C. 321", "legal-doc": "usc", "parsable-cite": "usc/21/321" } ] }, { "text": "5. Health claims \nSection 403(r) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343(r) ) is amended— (1) in subparagraph (1)— (A) in the matter preceding clause (A)— (i) by striking food intended and inserting food or dietary supplement intended ; and (ii) by striking food which and inserting food or dietary supplement which ; and (B) in clause (B)— (i) by inserting after health-related condition the following: (including any statement that the nutrient prevents, treats, or cures a disease) ; and (ii) by striking or (5)(D) ; (2) in subparagraph (3), by amending clause (B) to read as follows: (B) (i) The Secretary shall promulgate no later than 30 days after receiving an evaluation from an Independent Scientific Reviewer regulations that authorize use on labels and in labeling of all claims of the type described in subparagraph (1)(B) recommended for approval by the Independent Scientific Reviewer together with such disclaimer or disclaimers as the Independent Scientific Reviewer may also recommend. (ii) The duties of the Secretary described in subclause (i) are nondelegable and may be discharged only by the Secretary. ; (3) by striking subparagraph (4) and redesignating subparagraph (5) as subparagraph (4); and (4) in subparagraph (4) (as so redesignated), by striking clause (D).", "id": "H2BADBAB6373D457DB283820662A979D", "header": "Health claims", "nested": [], "links": [ { "text": "21 U.S.C. 343(r)", "legal-doc": "usc", "parsable-cite": "usc/21/343" } ] }, { "text": "6. Independent scientific review \nChapter IV of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 341 et seq. ) is amended by inserting after section 403C the following new section: 403D. Independent scientific review \n(a) Invitations to participate \nNo later than 30 days after the date of the enactment of the , and every 180-days thereafter, the Secretary shall send to every department of medicine, biochemistry, epidemiology, pharmacology, pharmacognosy, and nutrition at every university that is accredited by an organization recognized by the Secretary of Education a notice and invitation to participate, stating the following: (1) Scientists employed by the university in its departments of medicine, biochemistry, epidemiology, pharmacology, pharmacognosy, or nutrition who possess a Ph.D. or an M.D., or both, and have been either a full-time professor or a full-time assistant or associate professor for at least the past 5 consecutive years are invited to apply to the Secretary to be Independent Scientific Reviewers in assessing health claims made without a label clearing stating its health claims are not approved by the Food and Drug Administration or such Administration has evidence establishing probable cause that the claims contain misleading information posing a threat to the safety and well-being of those who use the product. Health claims are statements of nutrient-disease association. (2) Scientists who qualify to be Independent Scientific Reviewers will be selected at random by the Secretary to review all publicly available scientific evidence on a particular nutrient-disease association, must supply copies of all evidence reviewed to the Secretary, and must supply a written evaluation of that evidence and the health claim to the Secretary no later than 180 days after receipt of the health claim petition. The Independent Scientific Reviewer shall state whether the claim is supported by scientific evidence and is, therefore, recommended for approval. The Independent Scientific Reviewer should only conclude that the health claim is not supported by scientific evidence, and, therefore, not recommended for approval, if the reviewer finds— (A) no credible scientific evidence supporting the claim; and (B) no disclaimer that could accompany the claim that could eliminate any potentially misleading connotation conveyed by the claim. Recommended disclaimers must be accurate and concise. Disclaimers should reveal the extent of support for the claim by stating whether evidence in support of the claim is less than conclusive, e.g., that evidence in support of the claim is preliminary and inconclusive, suggestive but not conclusive, or generally accepted but not yet proven to a conclusive degree. (3) Independent Scientific Reviewers must complete their reviews within 180 days of receipt of a health claim petition from the Secretary. (4) To qualify to be an Independent Scientific Reviewer you must certify in writing under penalty of perjury that— (A) you hold a Ph.D., an M.D., or both, and have been employed full-time for at least the past 5 consecutive years as a professor, assistant professor, or associate professor in a department of medicine, biochemistry, epidemiology, pharmacology, pharmacognosy, or nutrition at a university that is accredited by an organization recognized by the Department of Education of the United States; (B) you have never been employed by, and have never been contracted to do work for, the Food and Drug Administration or any other agency or office of the Department of Health and Human Services (except to review health claim petitions) or for the health claim petitioner; (C) you will evaluate any health claim petition submitted to you in strict accordance with the criteria specified in section 403D; (D) you will not discuss with any person the fact that you are reviewing the health claim petition or the substance of the petition or the substance of the evaluation before you submit a complete written evaluation of the health claim to the Secretary; (E) you will complete your review of the health claim petition and will supply your complete written evaluation of it along with all scientific evidence reviewed to the Secretary no later than 180 days after receipt of the health claim petition from the Secretary; and (F) you will exercise independent professional judgment, free of any external influence and any unscientific bias that might interfere with the objective evaluation of the health claim. (5) Failure to abide by the above rules will result in disbarment from the Independent Scientific Review program and disallowance of all compensation for any review undertaken. (b) Confirmation of Independent Scientific Reviewer status \nNo later than 30 days after the Secretary determines that a health claim meets the criteria established in section 3 of the for government approval, including the certifications required under subsection (a)(4) of this section, from a person who seeks to serve as an Independent Scientific Reviewer, the Secretary shall notify that person whether he or she satisfies the qualification criteria specified in such subsection and is, thereby, eligible to be selected to serve as an Independent Scientific Reviewer. (c) Random selection of Independent Scientific Reviewer to evaluate health claim \nNot later than 15 days after the Secretary determines that a health claim meets the criteria established in section 3 of the for government approval, the Secretary shall select an Independent Scientific Reviewer at random and shall provide that person with a complete copy of the health claim petition for evaluation. The Secretary shall not reveal the name of the Independent Scientific Reviewer to the public or to the health claim petitioner until after the Secretary receives from the Independent Scientific Reviewer all publicly available scientific evidence reviewed and a complete evaluation of the health claim. (d) All publicly available scientific evidence shall be reviewed \nUpon receipt of a health claim petition, the Independent Scientific Reviewer shall acquire and evaluate all publicly available scientific evidence relevant to the claim. The Independent Scientific Reviewer shall determine whether credible scientific evidence supports the health claim. (e) Every health claim shall be recommended for approval that is supported by credible scientific evidence \nIf the Independent Scientific Reviewer finds that credible scientific evidence supports the health claim, the Independent Scientific Reviewer shall recommend to the Secretary that the health claim be approved. If the Independent Scientific Reviewer finds the scientific evidence in support of the claim less than conclusive, suggestive but not conclusive, preliminary and inconclusive, or generally accepted but not yet proven to a conclusive degree, or if the Independent Scientific Reviewer finds the claim to convey a potentially misleading connotation, the Independent Scientific Reviewer shall also recommend that the health claim be approved accompanied by a concise disclaimer carefully worded to render the claim nonmisleading. (f) Health claims not recommended for approval \nIf the Independent Scientific Reviewer finds that no credible scientific evidence supports the health claim and that no disclaimer can eliminate a misleading connotation conveyed by the claim, then the Independent Scientific Reviewer shall recommend that the Secretary not approve the health claim. (g) Compensation for Independent Scientific Reviewers and sanctions for noncompliance \nThe Secretary shall pay each Independent Scientific Reviewer the sum of $40,000 no later than 60 days after the Secretary receives all publicly available scientific evidence reviewed and a complete evaluation of the health claim. If the Secretary finds that the Independent Scientific Reviewer has submitted a false certification under subsection (a)(4), the Secretary may debar the Independent Scientific Reviewer from the Independent Scientific Review program and shall refrain from paying the $40,000 fee..", "id": "H9A91B4D2CC024B09A3AEBBA1DD97848", "header": "Independent scientific review", "nested": [], "links": [ { "text": "21 U.S.C. 341 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/341" } ] }, { "text": "403D. Independent scientific review \n(a) Invitations to participate \nNo later than 30 days after the date of the enactment of the , and every 180-days thereafter, the Secretary shall send to every department of medicine, biochemistry, epidemiology, pharmacology, pharmacognosy, and nutrition at every university that is accredited by an organization recognized by the Secretary of Education a notice and invitation to participate, stating the following: (1) Scientists employed by the university in its departments of medicine, biochemistry, epidemiology, pharmacology, pharmacognosy, or nutrition who possess a Ph.D. or an M.D., or both, and have been either a full-time professor or a full-time assistant or associate professor for at least the past 5 consecutive years are invited to apply to the Secretary to be Independent Scientific Reviewers in assessing health claims made without a label clearing stating its health claims are not approved by the Food and Drug Administration or such Administration has evidence establishing probable cause that the claims contain misleading information posing a threat to the safety and well-being of those who use the product. Health claims are statements of nutrient-disease association. (2) Scientists who qualify to be Independent Scientific Reviewers will be selected at random by the Secretary to review all publicly available scientific evidence on a particular nutrient-disease association, must supply copies of all evidence reviewed to the Secretary, and must supply a written evaluation of that evidence and the health claim to the Secretary no later than 180 days after receipt of the health claim petition. The Independent Scientific Reviewer shall state whether the claim is supported by scientific evidence and is, therefore, recommended for approval. The Independent Scientific Reviewer should only conclude that the health claim is not supported by scientific evidence, and, therefore, not recommended for approval, if the reviewer finds— (A) no credible scientific evidence supporting the claim; and (B) no disclaimer that could accompany the claim that could eliminate any potentially misleading connotation conveyed by the claim. Recommended disclaimers must be accurate and concise. Disclaimers should reveal the extent of support for the claim by stating whether evidence in support of the claim is less than conclusive, e.g., that evidence in support of the claim is preliminary and inconclusive, suggestive but not conclusive, or generally accepted but not yet proven to a conclusive degree. (3) Independent Scientific Reviewers must complete their reviews within 180 days of receipt of a health claim petition from the Secretary. (4) To qualify to be an Independent Scientific Reviewer you must certify in writing under penalty of perjury that— (A) you hold a Ph.D., an M.D., or both, and have been employed full-time for at least the past 5 consecutive years as a professor, assistant professor, or associate professor in a department of medicine, biochemistry, epidemiology, pharmacology, pharmacognosy, or nutrition at a university that is accredited by an organization recognized by the Department of Education of the United States; (B) you have never been employed by, and have never been contracted to do work for, the Food and Drug Administration or any other agency or office of the Department of Health and Human Services (except to review health claim petitions) or for the health claim petitioner; (C) you will evaluate any health claim petition submitted to you in strict accordance with the criteria specified in section 403D; (D) you will not discuss with any person the fact that you are reviewing the health claim petition or the substance of the petition or the substance of the evaluation before you submit a complete written evaluation of the health claim to the Secretary; (E) you will complete your review of the health claim petition and will supply your complete written evaluation of it along with all scientific evidence reviewed to the Secretary no later than 180 days after receipt of the health claim petition from the Secretary; and (F) you will exercise independent professional judgment, free of any external influence and any unscientific bias that might interfere with the objective evaluation of the health claim. (5) Failure to abide by the above rules will result in disbarment from the Independent Scientific Review program and disallowance of all compensation for any review undertaken. (b) Confirmation of Independent Scientific Reviewer status \nNo later than 30 days after the Secretary determines that a health claim meets the criteria established in section 3 of the for government approval, including the certifications required under subsection (a)(4) of this section, from a person who seeks to serve as an Independent Scientific Reviewer, the Secretary shall notify that person whether he or she satisfies the qualification criteria specified in such subsection and is, thereby, eligible to be selected to serve as an Independent Scientific Reviewer. (c) Random selection of Independent Scientific Reviewer to evaluate health claim \nNot later than 15 days after the Secretary determines that a health claim meets the criteria established in section 3 of the for government approval, the Secretary shall select an Independent Scientific Reviewer at random and shall provide that person with a complete copy of the health claim petition for evaluation. The Secretary shall not reveal the name of the Independent Scientific Reviewer to the public or to the health claim petitioner until after the Secretary receives from the Independent Scientific Reviewer all publicly available scientific evidence reviewed and a complete evaluation of the health claim. (d) All publicly available scientific evidence shall be reviewed \nUpon receipt of a health claim petition, the Independent Scientific Reviewer shall acquire and evaluate all publicly available scientific evidence relevant to the claim. The Independent Scientific Reviewer shall determine whether credible scientific evidence supports the health claim. (e) Every health claim shall be recommended for approval that is supported by credible scientific evidence \nIf the Independent Scientific Reviewer finds that credible scientific evidence supports the health claim, the Independent Scientific Reviewer shall recommend to the Secretary that the health claim be approved. If the Independent Scientific Reviewer finds the scientific evidence in support of the claim less than conclusive, suggestive but not conclusive, preliminary and inconclusive, or generally accepted but not yet proven to a conclusive degree, or if the Independent Scientific Reviewer finds the claim to convey a potentially misleading connotation, the Independent Scientific Reviewer shall also recommend that the health claim be approved accompanied by a concise disclaimer carefully worded to render the claim nonmisleading. (f) Health claims not recommended for approval \nIf the Independent Scientific Reviewer finds that no credible scientific evidence supports the health claim and that no disclaimer can eliminate a misleading connotation conveyed by the claim, then the Independent Scientific Reviewer shall recommend that the Secretary not approve the health claim. (g) Compensation for Independent Scientific Reviewers and sanctions for noncompliance \nThe Secretary shall pay each Independent Scientific Reviewer the sum of $40,000 no later than 60 days after the Secretary receives all publicly available scientific evidence reviewed and a complete evaluation of the health claim. If the Secretary finds that the Independent Scientific Reviewer has submitted a false certification under subsection (a)(4), the Secretary may debar the Independent Scientific Reviewer from the Independent Scientific Review program and shall refrain from paying the $40,000 fee.", "id": "H8D7774976689409998F0E0C78FCD9C75", "header": "Independent scientific review", "nested": [ { "text": "(a) Invitations to participate \nNo later than 30 days after the date of the enactment of the , and every 180-days thereafter, the Secretary shall send to every department of medicine, biochemistry, epidemiology, pharmacology, pharmacognosy, and nutrition at every university that is accredited by an organization recognized by the Secretary of Education a notice and invitation to participate, stating the following: (1) Scientists employed by the university in its departments of medicine, biochemistry, epidemiology, pharmacology, pharmacognosy, or nutrition who possess a Ph.D. or an M.D., or both, and have been either a full-time professor or a full-time assistant or associate professor for at least the past 5 consecutive years are invited to apply to the Secretary to be Independent Scientific Reviewers in assessing health claims made without a label clearing stating its health claims are not approved by the Food and Drug Administration or such Administration has evidence establishing probable cause that the claims contain misleading information posing a threat to the safety and well-being of those who use the product. Health claims are statements of nutrient-disease association. (2) Scientists who qualify to be Independent Scientific Reviewers will be selected at random by the Secretary to review all publicly available scientific evidence on a particular nutrient-disease association, must supply copies of all evidence reviewed to the Secretary, and must supply a written evaluation of that evidence and the health claim to the Secretary no later than 180 days after receipt of the health claim petition. The Independent Scientific Reviewer shall state whether the claim is supported by scientific evidence and is, therefore, recommended for approval. The Independent Scientific Reviewer should only conclude that the health claim is not supported by scientific evidence, and, therefore, not recommended for approval, if the reviewer finds— (A) no credible scientific evidence supporting the claim; and (B) no disclaimer that could accompany the claim that could eliminate any potentially misleading connotation conveyed by the claim. Recommended disclaimers must be accurate and concise. Disclaimers should reveal the extent of support for the claim by stating whether evidence in support of the claim is less than conclusive, e.g., that evidence in support of the claim is preliminary and inconclusive, suggestive but not conclusive, or generally accepted but not yet proven to a conclusive degree. (3) Independent Scientific Reviewers must complete their reviews within 180 days of receipt of a health claim petition from the Secretary. (4) To qualify to be an Independent Scientific Reviewer you must certify in writing under penalty of perjury that— (A) you hold a Ph.D., an M.D., or both, and have been employed full-time for at least the past 5 consecutive years as a professor, assistant professor, or associate professor in a department of medicine, biochemistry, epidemiology, pharmacology, pharmacognosy, or nutrition at a university that is accredited by an organization recognized by the Department of Education of the United States; (B) you have never been employed by, and have never been contracted to do work for, the Food and Drug Administration or any other agency or office of the Department of Health and Human Services (except to review health claim petitions) or for the health claim petitioner; (C) you will evaluate any health claim petition submitted to you in strict accordance with the criteria specified in section 403D; (D) you will not discuss with any person the fact that you are reviewing the health claim petition or the substance of the petition or the substance of the evaluation before you submit a complete written evaluation of the health claim to the Secretary; (E) you will complete your review of the health claim petition and will supply your complete written evaluation of it along with all scientific evidence reviewed to the Secretary no later than 180 days after receipt of the health claim petition from the Secretary; and (F) you will exercise independent professional judgment, free of any external influence and any unscientific bias that might interfere with the objective evaluation of the health claim. (5) Failure to abide by the above rules will result in disbarment from the Independent Scientific Review program and disallowance of all compensation for any review undertaken.", "id": "H7741768A132D4894AB7E667C5F1BF9D5", "header": "Invitations to participate", "nested": [], "links": [] }, { "text": "(b) Confirmation of Independent Scientific Reviewer status \nNo later than 30 days after the Secretary determines that a health claim meets the criteria established in section 3 of the for government approval, including the certifications required under subsection (a)(4) of this section, from a person who seeks to serve as an Independent Scientific Reviewer, the Secretary shall notify that person whether he or she satisfies the qualification criteria specified in such subsection and is, thereby, eligible to be selected to serve as an Independent Scientific Reviewer.", "id": "H1CB23A6277C44EABB42ED158009F2907", "header": "Confirmation of Independent Scientific Reviewer status", "nested": [], "links": [] }, { "text": "(c) Random selection of Independent Scientific Reviewer to evaluate health claim \nNot later than 15 days after the Secretary determines that a health claim meets the criteria established in section 3 of the for government approval, the Secretary shall select an Independent Scientific Reviewer at random and shall provide that person with a complete copy of the health claim petition for evaluation. The Secretary shall not reveal the name of the Independent Scientific Reviewer to the public or to the health claim petitioner until after the Secretary receives from the Independent Scientific Reviewer all publicly available scientific evidence reviewed and a complete evaluation of the health claim.", "id": "H9BB61857C27F4E3CA403478B8FED9502", "header": "Random selection of Independent Scientific Reviewer to evaluate health claim", "nested": [], "links": [] }, { "text": "(d) All publicly available scientific evidence shall be reviewed \nUpon receipt of a health claim petition, the Independent Scientific Reviewer shall acquire and evaluate all publicly available scientific evidence relevant to the claim. The Independent Scientific Reviewer shall determine whether credible scientific evidence supports the health claim.", "id": "HEDB89CF112A4437CA2B696C4AB6C538B", "header": "All publicly available scientific evidence shall be reviewed", "nested": [], "links": [] }, { "text": "(e) Every health claim shall be recommended for approval that is supported by credible scientific evidence \nIf the Independent Scientific Reviewer finds that credible scientific evidence supports the health claim, the Independent Scientific Reviewer shall recommend to the Secretary that the health claim be approved. If the Independent Scientific Reviewer finds the scientific evidence in support of the claim less than conclusive, suggestive but not conclusive, preliminary and inconclusive, or generally accepted but not yet proven to a conclusive degree, or if the Independent Scientific Reviewer finds the claim to convey a potentially misleading connotation, the Independent Scientific Reviewer shall also recommend that the health claim be approved accompanied by a concise disclaimer carefully worded to render the claim nonmisleading.", "id": "H29F02594D5B14A0B8D07FEC8FAFA9CBB", "header": "Every health claim shall be recommended for approval that is supported by credible scientific evidence", "nested": [], "links": [] }, { "text": "(f) Health claims not recommended for approval \nIf the Independent Scientific Reviewer finds that no credible scientific evidence supports the health claim and that no disclaimer can eliminate a misleading connotation conveyed by the claim, then the Independent Scientific Reviewer shall recommend that the Secretary not approve the health claim.", "id": "HA954273FE7144059BA24F9B6911CF3FE", "header": "Health claims not recommended for approval", "nested": [], "links": [] }, { "text": "(g) Compensation for Independent Scientific Reviewers and sanctions for noncompliance \nThe Secretary shall pay each Independent Scientific Reviewer the sum of $40,000 no later than 60 days after the Secretary receives all publicly available scientific evidence reviewed and a complete evaluation of the health claim. If the Secretary finds that the Independent Scientific Reviewer has submitted a false certification under subsection (a)(4), the Secretary may debar the Independent Scientific Reviewer from the Independent Scientific Review program and shall refrain from paying the $40,000 fee.", "id": "H83FCF2E003704839BE87C5728ED9A6A7", "header": "Compensation for Independent Scientific Reviewers and sanctions for noncompliance", "nested": [], "links": [] } ], "links": [] }, { "text": "7. Legal effect of health claim recommendation by Independent Scientific Reviewers \nChapter IV of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 341 et seq. ), as amended by section 6 of this Act, is amended by inserting after section 403D the following new section: 403E. Legal effect of health claim recommendations \n(a) Secretary’s response to health claim evaluations by Independent Scientific Reviewers \nNo later than 30 days after the Secretary receives from an Independent Scientific Reviewer copies of all publicly available scientific evidence reviewed and a complete written evaluation of a health claim, the Secretary shall— (1) make the evaluation and all scientific evidence reviewed publicly available; and (2) publish in the Federal Register as a final and binding order of the Department of Health and Human Services the recommendation of the Independent Scientific Reviewer verbatim and without any alteration in content whatsoever, including the claim, whether the claim is approved or disapproved, the reasons therefor, and whether the claim must be accompanied by a disclaimer and the content of the disclaimer, and the reasons therefor. (b) Order on health claims recommendations of Independent Scientific Reviewers immediately appealable to the United States Court of Appeals for the D.C. circuit \nAny health claim petitioner, or any other aggrieved party, may file an appeal for review of an order of the Secretary pursuant to subsection (a) directly to the United States Court of Appeals for the District of Columbia Circuit within 90 days of the date of publication of the order in the Federal Register..", "id": "HEE0B533E00634AEEB1C3A800BCE1BE9E", "header": "Legal effect of health claim recommendation by Independent Scientific Reviewers", "nested": [], "links": [ { "text": "21 U.S.C. 341 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/341" } ] }, { "text": "403E. Legal effect of health claim recommendations \n(a) Secretary’s response to health claim evaluations by Independent Scientific Reviewers \nNo later than 30 days after the Secretary receives from an Independent Scientific Reviewer copies of all publicly available scientific evidence reviewed and a complete written evaluation of a health claim, the Secretary shall— (1) make the evaluation and all scientific evidence reviewed publicly available; and (2) publish in the Federal Register as a final and binding order of the Department of Health and Human Services the recommendation of the Independent Scientific Reviewer verbatim and without any alteration in content whatsoever, including the claim, whether the claim is approved or disapproved, the reasons therefor, and whether the claim must be accompanied by a disclaimer and the content of the disclaimer, and the reasons therefor. (b) Order on health claims recommendations of Independent Scientific Reviewers immediately appealable to the United States Court of Appeals for the D.C. circuit \nAny health claim petitioner, or any other aggrieved party, may file an appeal for review of an order of the Secretary pursuant to subsection (a) directly to the United States Court of Appeals for the District of Columbia Circuit within 90 days of the date of publication of the order in the Federal Register.", "id": "H71CA3FC15001458897E5D29E508B1DD0", "header": "Legal effect of health claim recommendations", "nested": [ { "text": "(a) Secretary’s response to health claim evaluations by Independent Scientific Reviewers \nNo later than 30 days after the Secretary receives from an Independent Scientific Reviewer copies of all publicly available scientific evidence reviewed and a complete written evaluation of a health claim, the Secretary shall— (1) make the evaluation and all scientific evidence reviewed publicly available; and (2) publish in the Federal Register as a final and binding order of the Department of Health and Human Services the recommendation of the Independent Scientific Reviewer verbatim and without any alteration in content whatsoever, including the claim, whether the claim is approved or disapproved, the reasons therefor, and whether the claim must be accompanied by a disclaimer and the content of the disclaimer, and the reasons therefor.", "id": "H700E081B3BE242A4BA74016289BB2D34", "header": "Secretary’s response to health claim evaluations by Independent Scientific Reviewers", "nested": [], "links": [] }, { "text": "(b) Order on health claims recommendations of Independent Scientific Reviewers immediately appealable to the United States Court of Appeals for the D.C. circuit \nAny health claim petitioner, or any other aggrieved party, may file an appeal for review of an order of the Secretary pursuant to subsection (a) directly to the United States Court of Appeals for the District of Columbia Circuit within 90 days of the date of publication of the order in the Federal Register.", "id": "HDF39298CB9684891BFBE3012805BBAF0", "header": "Order on health claims recommendations of Independent Scientific Reviewers immediately appealable to the United States Court of Appeals for the D.C. circuit", "nested": [], "links": [] } ], "links": [] }, { "text": "8. Department of Health and Human Services budget allocation for independent scientific reviews \n(a) Costs of implementation \nAll costs associated with implementing this Act shall be borne by the Department of Health and Human Services from its existing budget. (b) Offsets \nThis Act eliminates the need for the Food and Drug Administration to review health claim petitions for foods and dietary supplements. No later than six months after the date of the enactment of this Act, the Secretary of Health and Human Services shall eliminate staff, reduce operating expenses, and maximize cost savings in the Food and Drug Administration’s Center for Food Safety and Applied Nutrition to offset the costs of implementing this Act.", "id": "HE936BD5BD74B4530A5E63111F517B1B6", "header": "Department of Health and Human Services budget allocation for independent scientific reviews", "nested": [ { "text": "(a) Costs of implementation \nAll costs associated with implementing this Act shall be borne by the Department of Health and Human Services from its existing budget.", "id": "HA59FA002D1B54CCA008F4C58849F0073", "header": "Costs of implementation", "nested": [], "links": [] }, { "text": "(b) Offsets \nThis Act eliminates the need for the Food and Drug Administration to review health claim petitions for foods and dietary supplements. No later than six months after the date of the enactment of this Act, the Secretary of Health and Human Services shall eliminate staff, reduce operating expenses, and maximize cost savings in the Food and Drug Administration’s Center for Food Safety and Applied Nutrition to offset the costs of implementing this Act.", "id": "H4AD8FD1775AC4BFD8FB1D58C6847D5CA", "header": "Offsets", "nested": [], "links": [] } ], "links": [] }, { "text": "9. Definition regarding distinction between food and drugs \nSection 201(g)(1) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(g)(1) ) is amended in clause (B) by inserting (other than food, including dietary supplements) after articles.", "id": "H9690C056B6F14E99AFF233B51D1EEF15", "header": "Definition regarding distinction between food and drugs", "nested": [], "links": [ { "text": "21 U.S.C. 321(g)(1)", "legal-doc": "usc", "parsable-cite": "usc/21/321" } ] } ]

[ "Energy and Commerce Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the September 11th Heroes Memorial Park Act.", "id": "H0DE4306C5794400E859869F3A2B96AC", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings and purposes \n(a) Findings \nCongress finds the following: (1) On September 11, 2001, terrorists hijacked 4 civilian aircraft, crashing 2 of them into the towers of the World Trade Center in New York City, causing the destruction of the towers. (2) These were by far the deadliest terrorist attacks ever launched against the United States, claiming the lives of more than 3,000 innocent people, 2,797 of whom died in New York City. (3) The debris from the destruction of the World Trade Center towers was taken to a landfill on Staten Island, New York, for cleanup and investigation and to continue the recovery of victim remains and effects that could not be performed at the site of the towers’ collapse in Manhattan. (4) Over the 10-month period following September 11, 2001, more than 1,000 people worked at the landfill around the clock every day, tirelessly and carefully sifting through all 1,620,000 tons of debris from the World Trade Center site searching for remains, personal effects, and evidence from what is now considered to be history’s largest crime scene. (5) Approximately 20 percent of all the victim remains recovered following the towers’ collapse, as well as more than 54,000 personal items, from wedding rings and photographs to driver licenses and keys were retrieved at the Staten Island site. (6) The remains of 306 of the 1,423 World Trade Center victims whose remains have been identified and returned to their families were recovered at the Staten Island site. (7) Victims’ families were brought some sort of peace by being given back something personal of lost loved ones, whether through a positive identification of a victim’s remains or the return of something so simple and yet so meaningful as a wedding ring, a watch, or a wallet. (8) On July 15, 2002, after 10 months, the cleanup and recovery operations at the landfill on Staten Island, New York, came to a somber conclusion. (9) The site commemorates those lost. The determination of appropriate recognition there will be a slowly unfolding process in order to address the interests and concerns of all interested parties. Appropriate national assistance and recognition must give ample opportunity for those involved to voice these broad concerns. (10) It is appropriate that the site be designated a unit of the National Park System. (b) Purposes \nThe purposes of this Act are as follows: (1) To establish a national memorial to honor the final resting place of some of those lost at the World Trade Center on September 11, 2001. (2) To establish the memorial advisory commission to assist with consideration and formulation of plans for a permanent memorial to those lost at the World Trade Center, including its nature, design, and construction. (3) To authorize the Secretary of the Interior to coordinate and facilitate the activities of the Memorial Advisory Commission and administer a victim’s memorial at the site of the Fresh Kills Landfill operation on Staten Island, New York.", "id": "H106935B511F348870038D096B7F4002E", "header": "Findings and purposes", "nested": [ { "text": "(a) Findings \nCongress finds the following: (1) On September 11, 2001, terrorists hijacked 4 civilian aircraft, crashing 2 of them into the towers of the World Trade Center in New York City, causing the destruction of the towers. (2) These were by far the deadliest terrorist attacks ever launched against the United States, claiming the lives of more than 3,000 innocent people, 2,797 of whom died in New York City. (3) The debris from the destruction of the World Trade Center towers was taken to a landfill on Staten Island, New York, for cleanup and investigation and to continue the recovery of victim remains and effects that could not be performed at the site of the towers’ collapse in Manhattan. (4) Over the 10-month period following September 11, 2001, more than 1,000 people worked at the landfill around the clock every day, tirelessly and carefully sifting through all 1,620,000 tons of debris from the World Trade Center site searching for remains, personal effects, and evidence from what is now considered to be history’s largest crime scene. (5) Approximately 20 percent of all the victim remains recovered following the towers’ collapse, as well as more than 54,000 personal items, from wedding rings and photographs to driver licenses and keys were retrieved at the Staten Island site. (6) The remains of 306 of the 1,423 World Trade Center victims whose remains have been identified and returned to their families were recovered at the Staten Island site. (7) Victims’ families were brought some sort of peace by being given back something personal of lost loved ones, whether through a positive identification of a victim’s remains or the return of something so simple and yet so meaningful as a wedding ring, a watch, or a wallet. (8) On July 15, 2002, after 10 months, the cleanup and recovery operations at the landfill on Staten Island, New York, came to a somber conclusion. (9) The site commemorates those lost. The determination of appropriate recognition there will be a slowly unfolding process in order to address the interests and concerns of all interested parties. Appropriate national assistance and recognition must give ample opportunity for those involved to voice these broad concerns. (10) It is appropriate that the site be designated a unit of the National Park System.", "id": "H7DFF83BB22CE4823AD3B208F5EAA0737", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Purposes \nThe purposes of this Act are as follows: (1) To establish a national memorial to honor the final resting place of some of those lost at the World Trade Center on September 11, 2001. (2) To establish the memorial advisory commission to assist with consideration and formulation of plans for a permanent memorial to those lost at the World Trade Center, including its nature, design, and construction. (3) To authorize the Secretary of the Interior to coordinate and facilitate the activities of the Memorial Advisory Commission and administer a victim’s memorial at the site of the Fresh Kills Landfill operation on Staten Island, New York.", "id": "HC35B46C954FC4174AD4735F590605000", "header": "Purposes", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Memorial to honor the final resting place of those lost at the World Trade Center on September 11, 2001 \nThere is established a memorial at the Staten Island recovery site to honor the final resting place of those lost at the World Trade Center on September 11, 2001.", "id": "H8C7AFAFCBD8145F08CFACDAC8F24ED46", "header": "Memorial to honor the final resting place of those lost at the World Trade Center on September 11, 2001", "nested": [], "links": [] }, { "text": "4. Advisory commission \n(a) Establishment \nThere is established a commission to be known as the September 11th Heroes Memorial Park Advisory Commission (hereafter in this Act referred to as the Commission ). (b) Membership \nThe Commission shall consist of 15 members as follows: (1) The Director of the National Park Service, or the Director's designee. (2) 7 members appointed by the Secretary of the Interior. (3) 5 members appointed by the Member of Congress representing the 13th Congressional District of the State of New York. (4) 1 member appointed by the mayor of the City of New York, New York. (5) 1 member appointed by the governor of the State of New York. (c) Term \nThe term of the members of the Commission shall be for the life of the Commission. (d) Chair \nThe members of the Commission shall select the Chair of the Commission. (e) Vacancies \nAny vacancy in the Commission shall not affect its powers if a quorum is present, but shall be filled in the same manner as the original appointment. (f) Meetings \nThe Commission shall meet at the call of the Chairperson or a majority of the members, but not less often than quarterly. Notice of the Commission meetings and agendas for the meetings shall be published in local newspapers and in the Federal Register. Meetings of the Commission shall be subject to section 552b of title 5, United States Code (relating to open meetings). (g) Quorum \nA majority of the members serving on the Commission shall constitute a quorum for the transaction of any business. (h) No compensation \nMembers of the Commission shall serve without compensation, but may be reimbursed for expenses incurred in carrying out the duties of the Commission. (i) Duties \nThe Commission shall— (1) not later than 3 years after the date of the enactment of this Act, submit to the Secretary of the Interior and Congress a report containing recommendations for the planning, design, construction, and long-term management of a permanent memorial at the memorial site; (2) advise the Secretary of the Interior on the boundaries of the memorial site; (3) advise the Secretary of the Interior in the development of a management plan for the memorial; (4) consult and coordinate closely with the city of New York, the State of New York, and other interested parties, including coordination with the City of New York’s Master Planning for the Fresh Kills Landfill site; (5) ensure a plan for adequate Federal funding of long-term operation and maintenance of the memorial; (6) provide significant opportunities for public participation in the planning and design of the memorial; and (7) officially name the memorial. (j) Powers \nThe Commission may— (1) make such expenditures for services and materials for the purpose of carrying out this Act as the Commission considers advisable from funds appropriated or received as gifts for that purpose; (2) accept gifts to be used in carrying out this section or to be used in connection with the construction or other expenses of the memorial; (3) hold hearings, enter into contracts for personal services and otherwise; (4) do such other things as are necessary to carry out this Act; and (5) by a vote of the majority of the Commission, delegate such of its duties as it determines appropriate to employees of the National Park Service staff. (k) Termination \nThe Commission shall terminate upon dedication of the completed memorial.", "id": "HA3B070AB2A144FC3A2B0BE53DCF54B91", "header": "Advisory commission", "nested": [ { "text": "(a) Establishment \nThere is established a commission to be known as the September 11th Heroes Memorial Park Advisory Commission (hereafter in this Act referred to as the Commission ).", "id": "HE2CD84B4B077454BB13EFF6CA1504BAE", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Membership \nThe Commission shall consist of 15 members as follows: (1) The Director of the National Park Service, or the Director's designee. (2) 7 members appointed by the Secretary of the Interior. (3) 5 members appointed by the Member of Congress representing the 13th Congressional District of the State of New York. (4) 1 member appointed by the mayor of the City of New York, New York. (5) 1 member appointed by the governor of the State of New York.", "id": "HE5A2D3C87A024DF4A026AD5614B7FBE2", "header": "Membership", "nested": [], "links": [] }, { "text": "(c) Term \nThe term of the members of the Commission shall be for the life of the Commission.", "id": "H7681811E0B894132B0CB7B83E695DED4", "header": "Term", "nested": [], "links": [] }, { "text": "(d) Chair \nThe members of the Commission shall select the Chair of the Commission.", "id": "H2AE34F544E0A4DABAB3D003CB0FEA8C9", "header": "Chair", "nested": [], "links": [] }, { "text": "(e) Vacancies \nAny vacancy in the Commission shall not affect its powers if a quorum is present, but shall be filled in the same manner as the original appointment.", "id": "H9991971BBABB4A4FB5D109D61804FB2", "header": "Vacancies", "nested": [], "links": [] }, { "text": "(f) Meetings \nThe Commission shall meet at the call of the Chairperson or a majority of the members, but not less often than quarterly. Notice of the Commission meetings and agendas for the meetings shall be published in local newspapers and in the Federal Register. Meetings of the Commission shall be subject to section 552b of title 5, United States Code (relating to open meetings).", "id": "HF4E512AC385D47E5885C423349B0B1AA", "header": "Meetings", "nested": [], "links": [ { "text": "section 552b", "legal-doc": "usc", "parsable-cite": "usc/5/552b" } ] }, { "text": "(g) Quorum \nA majority of the members serving on the Commission shall constitute a quorum for the transaction of any business.", "id": "H60A470BA323E4CF4AAB0B5E9B90030C", "header": "Quorum", "nested": [], "links": [] }, { "text": "(h) No compensation \nMembers of the Commission shall serve without compensation, but may be reimbursed for expenses incurred in carrying out the duties of the Commission.", "id": "HB2D921AD8E9A4D5BA7D1E8903043718", "header": "No compensation", "nested": [], "links": [] }, { "text": "(i) Duties \nThe Commission shall— (1) not later than 3 years after the date of the enactment of this Act, submit to the Secretary of the Interior and Congress a report containing recommendations for the planning, design, construction, and long-term management of a permanent memorial at the memorial site; (2) advise the Secretary of the Interior on the boundaries of the memorial site; (3) advise the Secretary of the Interior in the development of a management plan for the memorial; (4) consult and coordinate closely with the city of New York, the State of New York, and other interested parties, including coordination with the City of New York’s Master Planning for the Fresh Kills Landfill site; (5) ensure a plan for adequate Federal funding of long-term operation and maintenance of the memorial; (6) provide significant opportunities for public participation in the planning and design of the memorial; and (7) officially name the memorial.", "id": "H916220CC9F1F4AE0B19B615539E664F7", "header": "Duties", "nested": [], "links": [] }, { "text": "(j) Powers \nThe Commission may— (1) make such expenditures for services and materials for the purpose of carrying out this Act as the Commission considers advisable from funds appropriated or received as gifts for that purpose; (2) accept gifts to be used in carrying out this section or to be used in connection with the construction or other expenses of the memorial; (3) hold hearings, enter into contracts for personal services and otherwise; (4) do such other things as are necessary to carry out this Act; and (5) by a vote of the majority of the Commission, delegate such of its duties as it determines appropriate to employees of the National Park Service staff.", "id": "HF775ED2EC81B4D6190196C5FF665E16E", "header": "Powers", "nested": [], "links": [] }, { "text": "(k) Termination \nThe Commission shall terminate upon dedication of the completed memorial.", "id": "H84DAF9F2C41145FD006E1BD8577B25B0", "header": "Termination", "nested": [], "links": [] } ], "links": [ { "text": "section 552b", "legal-doc": "usc", "parsable-cite": "usc/5/552b" } ] }, { "text": "5. Duties of the secretary \nThe Secretary of the Interior is authorized to— (1) provide assistance to the Commission, including advice on collections, storage, and archives; (2) consult and assist the Commission in providing information, interpretation, and the conduct of oral history interviews; (3) provide assistance in conducting public meetings and forums held by the Commission; (4) participate in or support the planning efforts for the memorial; (5) provide programming and design assistance to the Commission for possible memorial exhibits, collections, or activities; (6) provide project management assistance to the Commission for design and construction activities; (7) provide staff assistance and support to the Commission; (8) participate in the formulation of plans for the design of the memorial and to construct the memorial; (9) acquire from willing sellers the land or interests in land for the memorial site by donation, purchase with donated or appropriated funds, or exchange; and (10) administer the September 11th Heroes memorial as a unit of the National Park Service in accordance with this Act and with the laws generally applicable to units of the National Park System such as the Act of August 25, 1916 (39 Stat. 585).", "id": "H830C763AE4304103009B08CD6E55E6FD", "header": "Duties of the secretary", "nested": [], "links": [] } ]

[ "Natural Resources Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H4BBB135BF86B465CB7E6DC496F00EF48", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Increased qualified loan amounts \n(a) FFEL loans \nSection 428J(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1078–10(c) ) is amended by adding at the end the following new paragraph: (3) Increased amounts for teachers in mathematics, science, or special education \n(A) Service qualifying for increased amounts \nNotwithstanding the amount specified in paragraph (1), the aggregate amount that the Secretary shall repay under this section shall not be more than $17,500 in the case of— (i) a secondary school teacher— (I) who meets the requirements of subsection (b), subject to subparagraph (D) of this paragraph ; and (II) whose qualifying employment for purposes of such subsection has been teaching mathematics or science on a full-time basis; (ii) an elementary or secondary school teacher— (I) who meets the requirements of subsection (b), subject to subparagraph (D) of this paragraph ; (II) whose qualifying employment for purposes of such subsection has been as a special education teacher whose primary responsibility is to provide special education to children with disabilities (as those terms are defined in section 602 of the Individuals with Disabilities Act); and (III) who, as certified by the chief administrative officer of the public or nonprofit private elementary or secondary school in which the borrower is employed, is teaching children with disabilities that correspond with the borrower’s special education training and has demonstrated knowledge and teaching skills in the content areas of the elementary or secondary school curriculum that the borrower is teaching; and (iii) an elementary or secondary school teacher who primarily teaches reading and— (I) who meets the requirements of subsection (b), subject to subparagraph (D) of this paragraph ; (II) who has obtained a separate reading instruction credential from the State in which the teacher is employed; and (III) who is certified by the chief administrative officer of the public or nonprofit private elementary or secondary school in which the borrower is employed to teach reading— (aa) as being proficient in teaching the essential components of reading instruction as defined in section 1208 of the Elementary and Secondary Education Act of 1965 ; and (bb) as having such credential. (B) Accelerated payment \nNotwithstanding the requirements of subsection (b)(1) and paragraph (1) of this subsection that 5 consecutive complete years of service have been completed prior to the receipt of loan forgiveness, in the case of service described in subparagraph (A) of this paragraph , the Secretary shall repay a portion of a borrower’s loan obligation outstanding at the commencement of the qualifying service under this subsection, not to exceed a total of $17,500, in the following increments: (i) up to $1,750, or 10 percent of such outstanding loan obligation, whichever is less, at the completion of the second year of such service; (ii) up to $2,625, or 15 percent of such outstanding loan obligation, whichever is less, at the completion of the third year of such service; (iii) up to $4,375, or 25 percent of such outstanding loan obligation, whichever is less, at the completion of the fourth year of such service; and (iv) up to $8,750, or 50 percent of such outstanding loan obligation, whichever is less, at the completion of the fifth year of such service. (C) Promise to complete service required for accelerated payment \nAny borrower who receives accelerated payment under this paragraph shall enter into an agreement to continue in the qualifying service for not less than 5 consecutive complete school years, or, upon a failure to complete such 5 years, to repay the United States, in accordance with regulations prescribed by the Secretary, the amount of the loans repaid by the Secretary under this paragraph, together with interest thereon and, to the extent required in such regulations, the reasonable costs of collection. Such regulations may provide for waiver by the Secretary of such repayment obligations upon proof of economic hardship as specified in such regulations. (D) Higher poverty enrollment required \nIn order to qualify for an increased repayment amount under this paragraph, section 465(a)(2)(A) shall, for purposes of subsection (b)(1)(A) of this section, be applied by substituting 40 percent of the total enrollment for 30 percent of the total enrollment.. (b) Direct loans \nSection 460(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1087j(c) ) is amended by adding at the end the following new paragraph: (3) Increased amounts for teachers in mathematics, science, or special education \n(A) Service qualifying for increased amounts \nNotwithstanding the amount specified in paragraph (1), the aggregate amount that the Secretary shall repay under this section shall not be more than $17,500 in the case of— (i) a secondary school teacher— (I) who meets the requirements of subsection (b)(1), subject to subparagraph (D) of this paragraph ; and (II) whose qualifying employment for purposes of such subsection has been teaching mathematics or science on a full-time basis; (ii) an elementray or secondary school teacher— (I) who meets the requirements of subsection (b)(1), subject to subparagraph (D) of this paragraph ; (II) whose qualifying employment for purposes of such subsection has been as a special education teacher whose primary responsibility is to provide special education to children with disabilities (as those terms are defined in section 602 of the Individuals with Disabilities Act); and (III) who, as certified by the chief administrative officer of the public or nonprofit private elementary or secondary school in which the borrower is employed, is teaching children with disabilities that correspond with the borrower’s special education training and has demonstrated knowledge and teaching skills in the content areas of the elementary or secondary school curriculum that the borrower is teaching; and (iii) an elementary or secondary school teacher who primarily teaches reading and— (I) who meets the requirements of subsection (b), subject to subparagraph (D) of this paragraph ; (II) who has obtained a separate reading instruction credential from the State in which the teacher is employed; and (III) who is certified by the chief administrative officer of the public or nonprofit private elementary or secondary school in which the borrower is employed to teach reading— (aa) as being proficient in teaching the essential components of reading instruction as defined in section 1208 of the Elementary and Secondary Education Act of 1965 ; and (bb) as having such credential. (B) Accelerated payment \nNotwithstanding the requirements of subsection (b)(1)(A) and paragraph (1) of this subsection that 5 consecutive complete years of service have been completed prior to the receipt of loan forgiveness, in the case of service described in subparagraph (A) of this paragraph , the Secretary shall repay a portion of a borrower’s loan obligation outstanding at the commencement of the qualifying service under this subsection, not to exceed a total of $17,500, in the following increments: (i) up to $1,750, or 10 percent of such outstanding loan obligation, whichever is less, at the completion of the second year of such service; (ii) up to $2,625, or 15 percent of such outstanding loan obligation, whichever is less, at the completion of the third year of such service; (iii) up to $4,375, or 25 percent of such outstanding loan obligation, whichever is less, at the completion of the fourth year of such service; and (iv) up to $8,750, or 50 percent of such outstanding loan obligation, whichever is less, at the completion of the fifth year of such service. (C) Promise to complete service required for accelerated payment \nAny borrower who receives accelerated payment under this paragraph shall enter into an agreement to continue in the qualifying service for not less than 5 consecutive complete school years, or, upon a failure to complete such 5 years, to repay the United States, in accordance with regulations prescribed by the Secretary, the amount of the loans repaid by the Secretary under this paragraph, together with interest thereon and, to the extent required in such regulations, the reasonable costs of collection. Such regulations may provide for waiver by the Secretary of such repayment obligations upon proof of economic hardship as specified in such regulations. (D) Higher poverty enrollment required \nIn order to qualify for an increased repayment amount under this paragraph, section 465(a)(2)(A) shall, for purposes of subsection (b)(1)(A)(i) of this section, be applied by substituting 40 percent of the total enrollment for 30 percent of the total enrollment..", "id": "H2BB811857D9D4687960620FA32D3FD29", "header": "Increased qualified loan amounts", "nested": [ { "text": "(a) FFEL loans \nSection 428J(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1078–10(c) ) is amended by adding at the end the following new paragraph: (3) Increased amounts for teachers in mathematics, science, or special education \n(A) Service qualifying for increased amounts \nNotwithstanding the amount specified in paragraph (1), the aggregate amount that the Secretary shall repay under this section shall not be more than $17,500 in the case of— (i) a secondary school teacher— (I) who meets the requirements of subsection (b), subject to subparagraph (D) of this paragraph ; and (II) whose qualifying employment for purposes of such subsection has been teaching mathematics or science on a full-time basis; (ii) an elementary or secondary school teacher— (I) who meets the requirements of subsection (b), subject to subparagraph (D) of this paragraph ; (II) whose qualifying employment for purposes of such subsection has been as a special education teacher whose primary responsibility is to provide special education to children with disabilities (as those terms are defined in section 602 of the Individuals with Disabilities Act); and (III) who, as certified by the chief administrative officer of the public or nonprofit private elementary or secondary school in which the borrower is employed, is teaching children with disabilities that correspond with the borrower’s special education training and has demonstrated knowledge and teaching skills in the content areas of the elementary or secondary school curriculum that the borrower is teaching; and (iii) an elementary or secondary school teacher who primarily teaches reading and— (I) who meets the requirements of subsection (b), subject to subparagraph (D) of this paragraph ; (II) who has obtained a separate reading instruction credential from the State in which the teacher is employed; and (III) who is certified by the chief administrative officer of the public or nonprofit private elementary or secondary school in which the borrower is employed to teach reading— (aa) as being proficient in teaching the essential components of reading instruction as defined in section 1208 of the Elementary and Secondary Education Act of 1965 ; and (bb) as having such credential. (B) Accelerated payment \nNotwithstanding the requirements of subsection (b)(1) and paragraph (1) of this subsection that 5 consecutive complete years of service have been completed prior to the receipt of loan forgiveness, in the case of service described in subparagraph (A) of this paragraph , the Secretary shall repay a portion of a borrower’s loan obligation outstanding at the commencement of the qualifying service under this subsection, not to exceed a total of $17,500, in the following increments: (i) up to $1,750, or 10 percent of such outstanding loan obligation, whichever is less, at the completion of the second year of such service; (ii) up to $2,625, or 15 percent of such outstanding loan obligation, whichever is less, at the completion of the third year of such service; (iii) up to $4,375, or 25 percent of such outstanding loan obligation, whichever is less, at the completion of the fourth year of such service; and (iv) up to $8,750, or 50 percent of such outstanding loan obligation, whichever is less, at the completion of the fifth year of such service. (C) Promise to complete service required for accelerated payment \nAny borrower who receives accelerated payment under this paragraph shall enter into an agreement to continue in the qualifying service for not less than 5 consecutive complete school years, or, upon a failure to complete such 5 years, to repay the United States, in accordance with regulations prescribed by the Secretary, the amount of the loans repaid by the Secretary under this paragraph, together with interest thereon and, to the extent required in such regulations, the reasonable costs of collection. Such regulations may provide for waiver by the Secretary of such repayment obligations upon proof of economic hardship as specified in such regulations. (D) Higher poverty enrollment required \nIn order to qualify for an increased repayment amount under this paragraph, section 465(a)(2)(A) shall, for purposes of subsection (b)(1)(A) of this section, be applied by substituting 40 percent of the total enrollment for 30 percent of the total enrollment..", "id": "HEC34E3A7063A46DA88F8747D367D2F79", "header": "FFEL loans", "nested": [], "links": [ { "text": "20 U.S.C. 1078–10(c)", "legal-doc": "usc", "parsable-cite": "usc/20/1078-10" } ] }, { "text": "(b) Direct loans \nSection 460(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1087j(c) ) is amended by adding at the end the following new paragraph: (3) Increased amounts for teachers in mathematics, science, or special education \n(A) Service qualifying for increased amounts \nNotwithstanding the amount specified in paragraph (1), the aggregate amount that the Secretary shall repay under this section shall not be more than $17,500 in the case of— (i) a secondary school teacher— (I) who meets the requirements of subsection (b)(1), subject to subparagraph (D) of this paragraph ; and (II) whose qualifying employment for purposes of such subsection has been teaching mathematics or science on a full-time basis; (ii) an elementray or secondary school teacher— (I) who meets the requirements of subsection (b)(1), subject to subparagraph (D) of this paragraph ; (II) whose qualifying employment for purposes of such subsection has been as a special education teacher whose primary responsibility is to provide special education to children with disabilities (as those terms are defined in section 602 of the Individuals with Disabilities Act); and (III) who, as certified by the chief administrative officer of the public or nonprofit private elementary or secondary school in which the borrower is employed, is teaching children with disabilities that correspond with the borrower’s special education training and has demonstrated knowledge and teaching skills in the content areas of the elementary or secondary school curriculum that the borrower is teaching; and (iii) an elementary or secondary school teacher who primarily teaches reading and— (I) who meets the requirements of subsection (b), subject to subparagraph (D) of this paragraph ; (II) who has obtained a separate reading instruction credential from the State in which the teacher is employed; and (III) who is certified by the chief administrative officer of the public or nonprofit private elementary or secondary school in which the borrower is employed to teach reading— (aa) as being proficient in teaching the essential components of reading instruction as defined in section 1208 of the Elementary and Secondary Education Act of 1965 ; and (bb) as having such credential. (B) Accelerated payment \nNotwithstanding the requirements of subsection (b)(1)(A) and paragraph (1) of this subsection that 5 consecutive complete years of service have been completed prior to the receipt of loan forgiveness, in the case of service described in subparagraph (A) of this paragraph , the Secretary shall repay a portion of a borrower’s loan obligation outstanding at the commencement of the qualifying service under this subsection, not to exceed a total of $17,500, in the following increments: (i) up to $1,750, or 10 percent of such outstanding loan obligation, whichever is less, at the completion of the second year of such service; (ii) up to $2,625, or 15 percent of such outstanding loan obligation, whichever is less, at the completion of the third year of such service; (iii) up to $4,375, or 25 percent of such outstanding loan obligation, whichever is less, at the completion of the fourth year of such service; and (iv) up to $8,750, or 50 percent of such outstanding loan obligation, whichever is less, at the completion of the fifth year of such service. (C) Promise to complete service required for accelerated payment \nAny borrower who receives accelerated payment under this paragraph shall enter into an agreement to continue in the qualifying service for not less than 5 consecutive complete school years, or, upon a failure to complete such 5 years, to repay the United States, in accordance with regulations prescribed by the Secretary, the amount of the loans repaid by the Secretary under this paragraph, together with interest thereon and, to the extent required in such regulations, the reasonable costs of collection. Such regulations may provide for waiver by the Secretary of such repayment obligations upon proof of economic hardship as specified in such regulations. (D) Higher poverty enrollment required \nIn order to qualify for an increased repayment amount under this paragraph, section 465(a)(2)(A) shall, for purposes of subsection (b)(1)(A)(i) of this section, be applied by substituting 40 percent of the total enrollment for 30 percent of the total enrollment..", "id": "H656D1C927D2B48159687D02046345B3B", "header": "Direct loans", "nested": [], "links": [ { "text": "20 U.S.C. 1087j(c)", "legal-doc": "usc", "parsable-cite": "usc/20/1087j" } ] } ], "links": [ { "text": "20 U.S.C. 1078–10(c)", "legal-doc": "usc", "parsable-cite": "usc/20/1078-10" }, { "text": "20 U.S.C. 1087j(c)", "legal-doc": "usc", "parsable-cite": "usc/20/1087j" } ] }, { "text": "3. Implementing highly qualified teacher requirements \n(a) Amendments \n(1) FFEL loans \nSection 428J(b)(1) of the Higher Education Act of 1965 ( 20 U.S.C. 1078–10(b)(1) ) is amended— (A) by inserting and after the semicolon at the end of subparagraph (A); and (B) by striking subparagraphs (B) and (C) and inserting the following: (B) if employed as an elementary or secondary school teacher, is highly qualified as defined in section 9101(23) of the Elementary Secondary Education Act of 1965; and. (2) Direct loans \nSection 460(b)(1)(A) of such Act ( 20 U.S.C. 1087j(b)(1)(A) ) is amended— (A) by inserting and after the semicolon at the end of clause (i); and (B) by striking clauses (ii) and (iii) and inserting the following: (ii) if employed as an elementary or secondary school teacher, is highly qualified as defined in section 9101(23) of the Elementary Secondary Education Act of 1965; and. (b) Transition rule \n(1) Rule \nThe amendments made by subsection (a) of this section to sections 428J(b)(1) and 460(b)(1)(A) of the Higher Education Act of 1965 shall not be applied to disqualify any individual who, before the date of enactment of this Act, commenced service that met and continues to meet the requirements of such sections as in effect before such date of enactment. (2) Rule not applicable to increased qualified loan amounts \nParagraph (1) of this subsection shall not apply for purposes of obtaining increased qualified loan amounts under sections 428J(b)(3) and 460(b)(3) of the Higher Education Act of 1965 as added by section 2 of this Act.", "id": "HD3A8CBED34EA4EE100B9F879EA584883", "header": "Implementing highly qualified teacher requirements", "nested": [ { "text": "(a) Amendments \n(1) FFEL loans \nSection 428J(b)(1) of the Higher Education Act of 1965 ( 20 U.S.C. 1078–10(b)(1) ) is amended— (A) by inserting and after the semicolon at the end of subparagraph (A); and (B) by striking subparagraphs (B) and (C) and inserting the following: (B) if employed as an elementary or secondary school teacher, is highly qualified as defined in section 9101(23) of the Elementary Secondary Education Act of 1965; and. (2) Direct loans \nSection 460(b)(1)(A) of such Act ( 20 U.S.C. 1087j(b)(1)(A) ) is amended— (A) by inserting and after the semicolon at the end of clause (i); and (B) by striking clauses (ii) and (iii) and inserting the following: (ii) if employed as an elementary or secondary school teacher, is highly qualified as defined in section 9101(23) of the Elementary Secondary Education Act of 1965; and.", "id": "H146DF07C96BA4CBE8C87E54B240D8EE", "header": "Amendments", "nested": [], "links": [ { "text": "20 U.S.C. 1078–10(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1078-10" }, { "text": "20 U.S.C. 1087j(b)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/20/1087j" } ] }, { "text": "(b) Transition rule \n(1) Rule \nThe amendments made by subsection (a) of this section to sections 428J(b)(1) and 460(b)(1)(A) of the Higher Education Act of 1965 shall not be applied to disqualify any individual who, before the date of enactment of this Act, commenced service that met and continues to meet the requirements of such sections as in effect before such date of enactment. (2) Rule not applicable to increased qualified loan amounts \nParagraph (1) of this subsection shall not apply for purposes of obtaining increased qualified loan amounts under sections 428J(b)(3) and 460(b)(3) of the Higher Education Act of 1965 as added by section 2 of this Act.", "id": "H36D1B966CA8749518DD3C69902C8CB50", "header": "Transition rule", "nested": [], "links": [] } ], "links": [ { "text": "20 U.S.C. 1078–10(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1078-10" }, { "text": "20 U.S.C. 1087j(b)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/20/1087j" } ] }, { "text": "4. Information on benefits to rural school districts \nThe Secretary shall— (1) notify local educational agencies eligible to participate in the Small Rural Achievement Program authorized under subpart 1 of part B of title VI of the Elementary and Secondary Education Act of 1965 of the benefits available under the amendments made by this Act; and (2) encourage such agencies to notify their teachers of such benefits.", "id": "H695738A61FBB45769B9D0779777469D4", "header": "Information on benefits to rural school districts", "nested": [], "links": [] } ]

[ "Education and the Workforce Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H083A9E234E3942FFBBFA8B7041C8969E", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Prohibition on including late payments in credit reports that were late due solely to declared disasters \n(a) In general \nSection 605(a) of the Fair Credit Reporting Act ( 15 U.S.C. 1681c(a) ) is amended by adding at the end the following new paragraph: (7) Any reference to a late payment that was due solely to a disruption caused by a declared disaster for which the agency receives notice under subsection (i).. (b) Procedure for striking adverse information due to declared disaster \nSection 605 of the Fair Credit Reporting Act ( 15 U.S.C. 1681c ) is amended by adding at the end the following new subsection: (i) Procedure for striking adverse information due to declared disaster \n(1) Notice from consumer \nAny consumer who— (A) resides in an area which has been declared a disaster area by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act; (B) fails to make a payment on an obligation by the due date (of the payment) that falls within the grace period described in paragraph (4); and (C) pays the obligation within 30 days of the due date referred to in subparagraph (B), may notify the creditor at any time during the 2-year period following the end of the grace period, with respect to such obligation, that the late payment was due to the occurrence of the declared disaster. (2) Notice to consumer reporting agency \nAny creditor which receives a notice from a consumer under paragraph (1) shall notify any consumer reporting agency to which the creditor furnished information on the late payment described in such paragraph that the late payment was due to a disruption caused by a declared disaster. (3) Responsibilities of the Secretary of the Treasury \nThe Secretary of the Treasury may designate a grace period for purposes of paragraph (1) if, after consultation with the Under Secretary for Emergency Preparedness and Response of the Department of Homeland Security, the Secretary determines that— (A) a disaster, as declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act has caused damage to the infrastructure affecting banking, credit, and other financial services and transactions in a specified geographic region; and (B) the damage sustained could disrupt the provision of financial services and the efficient execution of financial transactions for a period longer than the period described in paragraph (4)(A). (4) Grace period described \nFor purposes of paragraph (1), the grace period, with respect to any consumer, means the longer of— (A) the 7-day period that begins on the effective date of the declaration, by the President, of the disaster area in which the consumer resides; and (B) the period, if any, prescribed by the Secretary of the Treasury under paragraph (3). (5) Due date \nThe term due date means the first date upon which a late fee or other penalty may be imposed on a consumer for a failure of the consumer to make a periodic payment that is due on a debt.. (c) Report to the Congress \nBefore the end of the 2-year period beginning on the date of the enactment of this Act, the Secretary of the Treasury shall submit a report to the Congress containing— (1) a detailed description of the actions taken to implement the requirements of the amendments made by this Act and prevent evasions of such requirements; (2) pertinent information on the impact of such requirements on the financial services; and (3) such recommendations for legislative or administrative actions as the Secretary may determine to be appropriate.", "id": "HCC29CA4B7403489EA5F9916C5647A76B", "header": "Prohibition on including late payments in credit reports that were late due solely to declared disasters", "nested": [ { "text": "(a) In general \nSection 605(a) of the Fair Credit Reporting Act ( 15 U.S.C. 1681c(a) ) is amended by adding at the end the following new paragraph: (7) Any reference to a late payment that was due solely to a disruption caused by a declared disaster for which the agency receives notice under subsection (i)..", "id": "H01A2C19A63004797A6AD3E6638E84225", "header": "In general", "nested": [], "links": [ { "text": "15 U.S.C. 1681c(a)", "legal-doc": "usc", "parsable-cite": "usc/15/1681c" } ] }, { "text": "(b) Procedure for striking adverse information due to declared disaster \nSection 605 of the Fair Credit Reporting Act ( 15 U.S.C. 1681c ) is amended by adding at the end the following new subsection: (i) Procedure for striking adverse information due to declared disaster \n(1) Notice from consumer \nAny consumer who— (A) resides in an area which has been declared a disaster area by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act; (B) fails to make a payment on an obligation by the due date (of the payment) that falls within the grace period described in paragraph (4); and (C) pays the obligation within 30 days of the due date referred to in subparagraph (B), may notify the creditor at any time during the 2-year period following the end of the grace period, with respect to such obligation, that the late payment was due to the occurrence of the declared disaster. (2) Notice to consumer reporting agency \nAny creditor which receives a notice from a consumer under paragraph (1) shall notify any consumer reporting agency to which the creditor furnished information on the late payment described in such paragraph that the late payment was due to a disruption caused by a declared disaster. (3) Responsibilities of the Secretary of the Treasury \nThe Secretary of the Treasury may designate a grace period for purposes of paragraph (1) if, after consultation with the Under Secretary for Emergency Preparedness and Response of the Department of Homeland Security, the Secretary determines that— (A) a disaster, as declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act has caused damage to the infrastructure affecting banking, credit, and other financial services and transactions in a specified geographic region; and (B) the damage sustained could disrupt the provision of financial services and the efficient execution of financial transactions for a period longer than the period described in paragraph (4)(A). (4) Grace period described \nFor purposes of paragraph (1), the grace period, with respect to any consumer, means the longer of— (A) the 7-day period that begins on the effective date of the declaration, by the President, of the disaster area in which the consumer resides; and (B) the period, if any, prescribed by the Secretary of the Treasury under paragraph (3). (5) Due date \nThe term due date means the first date upon which a late fee or other penalty may be imposed on a consumer for a failure of the consumer to make a periodic payment that is due on a debt..", "id": "HABAB8B480AA042818465AB2C54F07270", "header": "Procedure for striking adverse information due to declared disaster", "nested": [], "links": [ { "text": "15 U.S.C. 1681c", "legal-doc": "usc", "parsable-cite": "usc/15/1681c" } ] }, { "text": "(c) Report to the Congress \nBefore the end of the 2-year period beginning on the date of the enactment of this Act, the Secretary of the Treasury shall submit a report to the Congress containing— (1) a detailed description of the actions taken to implement the requirements of the amendments made by this Act and prevent evasions of such requirements; (2) pertinent information on the impact of such requirements on the financial services; and (3) such recommendations for legislative or administrative actions as the Secretary may determine to be appropriate.", "id": "HFD8C6722547747ACA28024648F2CFE9B", "header": "Report to the Congress", "nested": [], "links": [] } ], "links": [ { "text": "15 U.S.C. 1681c(a)", "legal-doc": "usc", "parsable-cite": "usc/15/1681c" }, { "text": "15 U.S.C. 1681c", "legal-doc": "usc", "parsable-cite": "usc/15/1681c" } ] } ]

[ "Financial Services Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H84CA4BD1DFD84962933DB2512F04A41F", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nThe Congress finds as follows: (1) The past decade has been a turbulent time for health care facilities and nurses. (2) Recent research published in the Journal of the American Medical Association has shown that registered nurse staffing levels have a significant impact on preventable deaths in hospitals, and that the odds of patient mortality increase 7 percent for every additional patient added to the average registered nurse’s workload. (3) Recent research supported by the Agency for Health Care Research and Quality, the Centers for Medicare & Medicaid Services, and the National Institute for Nursing Research shows that inadequate registered nurse staffing is directly related to serious complications such as pneumonia, upper gastrointestinal bleeding, and urinary tract infections, as well as failure to stop deaths caused by shock, cardiac arrest, sepsis, and deep vein thrombosis in hospitalized patients. (4) The Joint Commission on the Accreditation of Healthcare Organizations recently reported that inadequate nurse staffing contributes to nearly a quarter of all unexpected incidents that kill or injure hospitalized patients. (5) The Institute of Medicine has reported that both nursing-to-resident staffing levels and the ratio of professional nurses to other nursing personnel are important indicators of high quality of care, and that the participation of registered nurses in direct care giving and in the provision of hands-on guidance to nurse assistants is positively associated with quality of care in nursing facilities. (6) Recent research conducted by the Centers for Medicare & Medicaid Services found strong, objective proof that nurse staffing in nursing homes is directly related to quality measures such as sepsis, urinary tract infections, incidence of pressure sores, resisting care improvement, and weight loss. (7) As a payer for inpatient and outpatient hospital services for individuals entitled to benefits under the medicare and medicaid programs established under titles XVIII and XIX of the Social Security Act, the Federal Government has a compelling interest in promoting the safety of such individuals by requiring providers participating in such programs to provide these individuals with information regarding nurse staffing levels.", "id": "HE33FE85BD4B34F98B09CBFDCD14F07D1", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Public disclosure of staffing and outcomes data \n(a) Disclosure of staffing and outcomes \nAny provider under the medicare program shall, as a condition of continued participation in such program, make publicly available information regarding nurse staffing and patient outcomes as specified by the Secretary. Such information shall include at least the following: (1) The number of registered nurses providing direct patient care. This information shall be expressed both in raw numbers, in terms of total hours of nursing care per patient (including adjustment for case mix and acuity), and as a percentage of nursing staff, and shall be broken down in terms of the total nursing staff, each unit, and each shift. (2) The number of licensed practical nurses or licensed vocational nurses providing direct care. This information shall be expressed both in raw numbers, in terms of total hours of nursing care per patient (including adjustment for case mix and acuity), and as a percentage of nursing staff, and shall be broken down in terms of the total nursing staff, each unit, and each shift. (3) Numbers of unlicensed personnel utilized to provide direct patient care. This information shall be expressed both in raw numbers and as a percentage of nursing staff and shall be broken down in terms of the total nursing staff, each unit, and each shift. (4) The average number of patients per registered nurse, licensed practical nurse, or unlicensed personnel providing direct patient care. This information shall be broken down in terms of the total nursing staff, each unit, and each shift. (5) Risk-adjusted patient mortality rate (in raw numbers and by diagnosis or diagnostic-related group). (6) Incidence of adverse patient care incidents, including as such incidents at least medication errors, patient injury, pressure ulcers, nosocomial infections, and nosocomial urinary tract infections. (7) Methods used for determining and adjusting staffing levels and patient care needs and the provider’s compliance with these methods. (b) Disclosure of complaints \nData regarding complaints filed with the State agency, the Centers for Medicare & Medicaid Services, or an accrediting agency, compliance with the standards of which have been deemed to demonstrate compliance with conditions of participation under the medicare program, and data regarding investigations and findings as a result of those complaints and the findings of scheduled inspection visits, shall be made publicly available. (c) Information on data \nAll data made publicly available under this section shall indicate the source and currency of the data provided. (d) Waiver for small providers \nThe Secretary may reduce reporting requirements under this section in the case of a small provider (as defined by the Secretary) for whom the imposition of the requirements would be unduly burdensome. (e) Reporting to Secretary \nProviders shall submit to the Secretary in a uniform manner (as prescribed by the Secretary) the nursing staff information described in subsection (a) through electronic means not less frequently than quarterly. (f) Secretarial responsibilities \nThe Secretary shall— (1) make the information submitted pursuant to subsection (a) publicly available, including by publication of such information on the Internet site of the Department of Health and Human Services; and (2) provide for the auditing of such information for accuracy as a part of the process of determining whether a provider is eligible for continued participation in the medicare program. (g) Definitions \nFor purposes of this section: (1) Licensed practical nurse or licensed vocational nurse \nThe term licensed practical nurse or licensed vocational nurse means an individual who is entitled under State law or regulation to practice as a licensed practical nurse or a licensed vocational nurse. (2) Publicly available \nThe term publicly available means, with respect to information of a provider, information that is— (A) provided to the Secretary and to any State agency responsible for licensing or accrediting the provider; (B) provided to any State agency which approves or oversees health care services delivered by the provider directly or through an insuring entity or corporation; and (C) provided to any member of the public which requests such information directly from the provider. (3) Medicare program \nThe term medicare program means the programs under title XVIII of the Social Security Act. (4) Provider \nThe term provider means an entity that is— (A) a psychiatric hospital described in section 1861(f) of the Social Security Act ( 42 U.S.C. 1395x(f) ); (B) a provider of services described in section 1861(u) of such Act ( 42 U.S.C. 1395x(u) ), other than a skilled nursing facility, as defined in section 1819(a) of such Act ( 42 U.S.C. 1395i–3(a) ); (C) a rural health clinic described in section 1861(aa)(2) of such Act ( 42 U.S.C. 1395x(aa)(2) ); (D) an ambulatory surgical center described in section 1832(a)(2)(F)(i) of such Act ( 42 U.S.C. 1395k(a)(2)(F)(i) ); or (E) a renal dialysis facility described in section 1881(b)(1)(A) of such Act ( 42 U.S.C. 1395rr(b)(1)(A) ). (5) Registered nurse \nThe term registered nurse means an individual who is entitled under State law or regulation to practice as a registered nurse. (6) Secretary \nThe term Secretary means the Secretary of Health and Human Services.", "id": "H550CB62ACD3D4555ADBA1CDE3F25E2D7", "header": "Public disclosure of staffing and outcomes data", "nested": [ { "text": "(a) Disclosure of staffing and outcomes \nAny provider under the medicare program shall, as a condition of continued participation in such program, make publicly available information regarding nurse staffing and patient outcomes as specified by the Secretary. Such information shall include at least the following: (1) The number of registered nurses providing direct patient care. This information shall be expressed both in raw numbers, in terms of total hours of nursing care per patient (including adjustment for case mix and acuity), and as a percentage of nursing staff, and shall be broken down in terms of the total nursing staff, each unit, and each shift. (2) The number of licensed practical nurses or licensed vocational nurses providing direct care. This information shall be expressed both in raw numbers, in terms of total hours of nursing care per patient (including adjustment for case mix and acuity), and as a percentage of nursing staff, and shall be broken down in terms of the total nursing staff, each unit, and each shift. (3) Numbers of unlicensed personnel utilized to provide direct patient care. This information shall be expressed both in raw numbers and as a percentage of nursing staff and shall be broken down in terms of the total nursing staff, each unit, and each shift. (4) The average number of patients per registered nurse, licensed practical nurse, or unlicensed personnel providing direct patient care. This information shall be broken down in terms of the total nursing staff, each unit, and each shift. (5) Risk-adjusted patient mortality rate (in raw numbers and by diagnosis or diagnostic-related group). (6) Incidence of adverse patient care incidents, including as such incidents at least medication errors, patient injury, pressure ulcers, nosocomial infections, and nosocomial urinary tract infections. (7) Methods used for determining and adjusting staffing levels and patient care needs and the provider’s compliance with these methods.", "id": "HBE512FB3C54042868394FC15A45F3380", "header": "Disclosure of staffing and outcomes", "nested": [], "links": [] }, { "text": "(b) Disclosure of complaints \nData regarding complaints filed with the State agency, the Centers for Medicare & Medicaid Services, or an accrediting agency, compliance with the standards of which have been deemed to demonstrate compliance with conditions of participation under the medicare program, and data regarding investigations and findings as a result of those complaints and the findings of scheduled inspection visits, shall be made publicly available.", "id": "H7E0E871D82CF475A8CE15741FF537B53", "header": "Disclosure of complaints", "nested": [], "links": [] }, { "text": "(c) Information on data \nAll data made publicly available under this section shall indicate the source and currency of the data provided.", "id": "H0183C57C582B483C8D4DA58E6B68DAA5", "header": "Information on data", "nested": [], "links": [] }, { "text": "(d) Waiver for small providers \nThe Secretary may reduce reporting requirements under this section in the case of a small provider (as defined by the Secretary) for whom the imposition of the requirements would be unduly burdensome.", "id": "H8014477167544C6083D283CDDE119600", "header": "Waiver for small providers", "nested": [], "links": [] }, { "text": "(e) Reporting to Secretary \nProviders shall submit to the Secretary in a uniform manner (as prescribed by the Secretary) the nursing staff information described in subsection (a) through electronic means not less frequently than quarterly.", "id": "H6E3EBFA4EE28404C9FE34981A6CCFF22", "header": "Reporting to Secretary", "nested": [], "links": [] }, { "text": "(f) Secretarial responsibilities \nThe Secretary shall— (1) make the information submitted pursuant to subsection (a) publicly available, including by publication of such information on the Internet site of the Department of Health and Human Services; and (2) provide for the auditing of such information for accuracy as a part of the process of determining whether a provider is eligible for continued participation in the medicare program.", "id": "HB0A5FA278EAD4EC5B7353C88F38487B1", "header": "Secretarial responsibilities", "nested": [], "links": [] }, { "text": "(g) Definitions \nFor purposes of this section: (1) Licensed practical nurse or licensed vocational nurse \nThe term licensed practical nurse or licensed vocational nurse means an individual who is entitled under State law or regulation to practice as a licensed practical nurse or a licensed vocational nurse. (2) Publicly available \nThe term publicly available means, with respect to information of a provider, information that is— (A) provided to the Secretary and to any State agency responsible for licensing or accrediting the provider; (B) provided to any State agency which approves or oversees health care services delivered by the provider directly or through an insuring entity or corporation; and (C) provided to any member of the public which requests such information directly from the provider. (3) Medicare program \nThe term medicare program means the programs under title XVIII of the Social Security Act. (4) Provider \nThe term provider means an entity that is— (A) a psychiatric hospital described in section 1861(f) of the Social Security Act ( 42 U.S.C. 1395x(f) ); (B) a provider of services described in section 1861(u) of such Act ( 42 U.S.C. 1395x(u) ), other than a skilled nursing facility, as defined in section 1819(a) of such Act ( 42 U.S.C. 1395i–3(a) ); (C) a rural health clinic described in section 1861(aa)(2) of such Act ( 42 U.S.C. 1395x(aa)(2) ); (D) an ambulatory surgical center described in section 1832(a)(2)(F)(i) of such Act ( 42 U.S.C. 1395k(a)(2)(F)(i) ); or (E) a renal dialysis facility described in section 1881(b)(1)(A) of such Act ( 42 U.S.C. 1395rr(b)(1)(A) ). (5) Registered nurse \nThe term registered nurse means an individual who is entitled under State law or regulation to practice as a registered nurse. (6) Secretary \nThe term Secretary means the Secretary of Health and Human Services.", "id": "H6BEB9D3419314324B3F12C9E6B3E131B", "header": "Definitions", "nested": [], "links": [ { "text": "42 U.S.C. 1395x(f)", "legal-doc": "usc", "parsable-cite": "usc/42/1395x" }, { "text": "42 U.S.C. 1395x(u)", "legal-doc": "usc", "parsable-cite": "usc/42/1395x" }, { "text": "42 U.S.C. 1395i–3(a)", "legal-doc": "usc", "parsable-cite": "usc/42/1395i-3" }, { "text": "42 U.S.C. 1395x(aa)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/1395x" }, { "text": "42 U.S.C. 1395k(a)(2)(F)(i)", "legal-doc": "usc", "parsable-cite": "usc/42/1395k" }, { "text": "42 U.S.C. 1395rr(b)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/1395rr" } ] } ], "links": [ { "text": "42 U.S.C. 1395x(f)", "legal-doc": "usc", "parsable-cite": "usc/42/1395x" }, { "text": "42 U.S.C. 1395x(u)", "legal-doc": "usc", "parsable-cite": "usc/42/1395x" }, { "text": "42 U.S.C. 1395i–3(a)", "legal-doc": "usc", "parsable-cite": "usc/42/1395i-3" }, { "text": "42 U.S.C. 1395x(aa)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/1395x" }, { "text": "42 U.S.C. 1395k(a)(2)(F)(i)", "legal-doc": "usc", "parsable-cite": "usc/42/1395k" }, { "text": "42 U.S.C. 1395rr(b)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/1395rr" } ] }, { "text": "4. Public disclosure of accurate data on nursing facility staffing \n(a) Medicare \nSection 1819(b)(8) of the Social Security Act ( 42 U.S.C. 1395i–3(b) ) is amended— (1) in subparagraph (A), by adding at the end the following new sentence: The information posted under this subparagraph shall include information regarding nurse staffing with respect to beds made available by reason of an agreement under section 1883. ; and (2) by adding at the end the following new subparagraphs: (C) Submission and posting of data \n(i) In general \nBeginning on January 1, 2005, a skilled nursing facility shall submit to the Secretary in a uniform manner (as prescribed by the Secretary) the nursing staff data described in section 3(a) of the Patient Safety Act of 2004 through electronic means not less frequently than quarterly and the Secretary shall make such data publicly available (as defined in section 3(g)(2) of such Act), including by posting such data on an Internet website. (ii) Information on nurse aides \nIn addition to the nursing staff data described in clause (i), a skilled nursing facility shall submit to the Secretary the numbers of nurse aides (as defined in paragraph (5))(F)) utilized to provide direct patient care. This information shall be expressed both in raw numbers and as a percentage of nursing staff and shall be broken down in terms of the total nursing staff, each unit, and each shift. (D) Audit of data \nAs part of each standard survey conducted under subsection (g)(2)(A), there shall be an audit of the nursing staff data reported under subparagraph (C) to ensure that such data are accurate.. (b) Medicaid \nSection 1919(b)(8) of the Social Security Act ( 42 U.S.C. 1395r(b)(8) ) is amended— (1) in subparagraph (A), by adding at the end the following new sentence: The information posted under this subparagraph shall include information regarding nurse staffing with respect to beds made available by reason of an agreement under section 1883. ; and (2) by adding at the end the following new subparagraphs: (C) Submission and posting of data \n(i) In general \nBeginning on January 1, 2005, a nursing facility shall submit to the Secretary in a uniform manner (as prescribed by the Secretary) the nursing staff data described in section 3(a) of the Patient Safety Act of 2004 through electronic means not less frequently than quarterly and the Secretary shall make such data publicly available (as defined in section 3(g)(2) of such Act), including by posting such data on an Internet website. (ii) Information on nurse aides \nIn addition to the nursing staff data described in clause (i), a skilled nursing facility shall submit to the Secretary the numbers of nurse aides (as defined in paragraph (5))(F)) utilized to provide direct patient care. This information shall be expressed both in raw numbers and as a percentage of nursing staff and shall be broken down in terms of the total nursing staff, each unit, and each shift. (D) Audit of data \nAs part of each standard survey conducted under subsection (g)(2)(A), there shall be an audit of the nursing staff data reported under subparagraph (C) to ensure that such data are accurate..", "id": "HB43CB1380C6E4CCEABC7CE50AFC80067", "header": "Public disclosure of accurate data on nursing facility staffing", "nested": [ { "text": "(a) Medicare \nSection 1819(b)(8) of the Social Security Act ( 42 U.S.C. 1395i–3(b) ) is amended— (1) in subparagraph (A), by adding at the end the following new sentence: The information posted under this subparagraph shall include information regarding nurse staffing with respect to beds made available by reason of an agreement under section 1883. ; and (2) by adding at the end the following new subparagraphs: (C) Submission and posting of data \n(i) In general \nBeginning on January 1, 2005, a skilled nursing facility shall submit to the Secretary in a uniform manner (as prescribed by the Secretary) the nursing staff data described in section 3(a) of the Patient Safety Act of 2004 through electronic means not less frequently than quarterly and the Secretary shall make such data publicly available (as defined in section 3(g)(2) of such Act), including by posting such data on an Internet website. (ii) Information on nurse aides \nIn addition to the nursing staff data described in clause (i), a skilled nursing facility shall submit to the Secretary the numbers of nurse aides (as defined in paragraph (5))(F)) utilized to provide direct patient care. This information shall be expressed both in raw numbers and as a percentage of nursing staff and shall be broken down in terms of the total nursing staff, each unit, and each shift. (D) Audit of data \nAs part of each standard survey conducted under subsection (g)(2)(A), there shall be an audit of the nursing staff data reported under subparagraph (C) to ensure that such data are accurate..", "id": "H9940238288F44AE9B8005BDC3D8F0709", "header": "Medicare", "nested": [], "links": [ { "text": "42 U.S.C. 1395i–3(b)", "legal-doc": "usc", "parsable-cite": "usc/42/1395i-3" } ] }, { "text": "(b) Medicaid \nSection 1919(b)(8) of the Social Security Act ( 42 U.S.C. 1395r(b)(8) ) is amended— (1) in subparagraph (A), by adding at the end the following new sentence: The information posted under this subparagraph shall include information regarding nurse staffing with respect to beds made available by reason of an agreement under section 1883. ; and (2) by adding at the end the following new subparagraphs: (C) Submission and posting of data \n(i) In general \nBeginning on January 1, 2005, a nursing facility shall submit to the Secretary in a uniform manner (as prescribed by the Secretary) the nursing staff data described in section 3(a) of the Patient Safety Act of 2004 through electronic means not less frequently than quarterly and the Secretary shall make such data publicly available (as defined in section 3(g)(2) of such Act), including by posting such data on an Internet website. (ii) Information on nurse aides \nIn addition to the nursing staff data described in clause (i), a skilled nursing facility shall submit to the Secretary the numbers of nurse aides (as defined in paragraph (5))(F)) utilized to provide direct patient care. This information shall be expressed both in raw numbers and as a percentage of nursing staff and shall be broken down in terms of the total nursing staff, each unit, and each shift. (D) Audit of data \nAs part of each standard survey conducted under subsection (g)(2)(A), there shall be an audit of the nursing staff data reported under subparagraph (C) to ensure that such data are accurate..", "id": "HB6E1D2291F9C4A7080D55443EABB6E30", "header": "Medicaid", "nested": [], "links": [ { "text": "42 U.S.C. 1395r(b)(8)", "legal-doc": "usc", "parsable-cite": "usc/42/1395r" } ] } ], "links": [ { "text": "42 U.S.C. 1395i–3(b)", "legal-doc": "usc", "parsable-cite": "usc/42/1395i-3" }, { "text": "42 U.S.C. 1395r(b)(8)", "legal-doc": "usc", "parsable-cite": "usc/42/1395r" } ] }, { "text": "5. Creating a staffing quality measure for consumers to compare nursing facilities \n(a) In general \nBeginning no later than 90 days after the date of the enactment of this Act, and for as long as the Secretary of Health and Human Services publishes quality measures to help the public compare the quality of care that nursing facilities provide, these quality measures shall include a quality measure for nursing staff that— (1) reflects the average daily total nursing hours worked for the quarterly reporting period for which data are submitted under sections 1819(b)(8)(C) and 1919(b)(8)(C) of the Social Security Act (as added by subsections (a)(2) and (b)(2), respectively, of section 4), as well as, in the case of a skilled nursing facility, other information required to be reported under section 3(a); (2) is sensitive to case mix and quality outcomes; (3) indicates the percentile in which each nursing facility falls compared with other nursing facilities in the State; (4) indicates the rate of retention of registered nurses, licensed practical nurses, and certified nurse assistants; and (5) includes such other measures as the Secretary determines to be appropriate. The Secretary shall not be required to comply with the requirements of paragraph (2) to the extent that the development of a methodology to comply with such requirement would delay the implementation of this section. (b) Form and manner \nThe nursing facility comparative staffing measure described in subsection (a) shall be displayed in the same form and manner as information that the Secretary displays to help the public compare the quality of care that nursing facilities provide.", "id": "H02AD0CFA957640F08BC6F9FD56ACA950", "header": "Creating a staffing quality measure for consumers to compare nursing facilities", "nested": [ { "text": "(a) In general \nBeginning no later than 90 days after the date of the enactment of this Act, and for as long as the Secretary of Health and Human Services publishes quality measures to help the public compare the quality of care that nursing facilities provide, these quality measures shall include a quality measure for nursing staff that— (1) reflects the average daily total nursing hours worked for the quarterly reporting period for which data are submitted under sections 1819(b)(8)(C) and 1919(b)(8)(C) of the Social Security Act (as added by subsections (a)(2) and (b)(2), respectively, of section 4), as well as, in the case of a skilled nursing facility, other information required to be reported under section 3(a); (2) is sensitive to case mix and quality outcomes; (3) indicates the percentile in which each nursing facility falls compared with other nursing facilities in the State; (4) indicates the rate of retention of registered nurses, licensed practical nurses, and certified nurse assistants; and (5) includes such other measures as the Secretary determines to be appropriate. The Secretary shall not be required to comply with the requirements of paragraph (2) to the extent that the development of a methodology to comply with such requirement would delay the implementation of this section.", "id": "HB81E122A526B4414A5BEC5BB51BB1ED6", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Form and manner \nThe nursing facility comparative staffing measure described in subsection (a) shall be displayed in the same form and manner as information that the Secretary displays to help the public compare the quality of care that nursing facilities provide.", "id": "H73A2BA707FCB4E6B954BA9ACC180377D", "header": "Form and manner", "nested": [], "links": [] } ], "links": [] }, { "text": "6. Protection of certain activities by employees of medicare providers \n(a) In general \nSubject to subsection (c), no provider under the medicare program shall terminate or take other adverse employment action (including the failure to promote an individual or provide any employment-related benefit, an adverse evaluation or decision made in relation to accreditation, certification, credentialing or licensing of an individual, or other adverse personnel action) against any employee or group of employees for actions taken for the purpose of— (1) notifying the provider of conditions which the employee or group of employees identifies, in communications with the provider, as dangerous or potentially dangerous or injurious to— (A) patients who currently receive services from the provider; (B) individuals who are likely to receive services from the provider; or (C) employees of the provider; (2) notifying a Federal or State agency or an accreditation agency, compliance with the standards of which have been deemed to demonstrate compliance with conditions of participation under the medicare program, of such conditions as are identified in paragraph (1); (3) notifying other individuals of conditions which the employee or group of employees reasonably believe to be such as are described in paragraph (1); (4) discussing such conditions as are identified in paragraph (1) with other employees for the purposes of initiating action described in paragraph (1), (2), or (3); or (5) other related activities as specified in regulations promulgated by the Secretary of Health and Human Services. (b) Sanction \nA provider that takes an action in violation of subsection (a) is subject to a civil money penalty of not more than $20,000 for each such action. The provisions of section 1128A of the Social Security Act (other than subsections (a) and (b)) shall apply to civil money penalties under this subsection in the same manner as they apply to a penalty or proceeding under section 1128A(a) of such Act. (c) Exception \nThe provisions of subsection (a) shall not apply to the knowing or reckless provision of substantially false information by an employee or group of employees.", "id": "HFC508AD4DA1C45649F255CAF4BC83B22", "header": " Protection of certain activities by employees of medicare providers", "nested": [ { "text": "(a) In general \nSubject to subsection (c), no provider under the medicare program shall terminate or take other adverse employment action (including the failure to promote an individual or provide any employment-related benefit, an adverse evaluation or decision made in relation to accreditation, certification, credentialing or licensing of an individual, or other adverse personnel action) against any employee or group of employees for actions taken for the purpose of— (1) notifying the provider of conditions which the employee or group of employees identifies, in communications with the provider, as dangerous or potentially dangerous or injurious to— (A) patients who currently receive services from the provider; (B) individuals who are likely to receive services from the provider; or (C) employees of the provider; (2) notifying a Federal or State agency or an accreditation agency, compliance with the standards of which have been deemed to demonstrate compliance with conditions of participation under the medicare program, of such conditions as are identified in paragraph (1); (3) notifying other individuals of conditions which the employee or group of employees reasonably believe to be such as are described in paragraph (1); (4) discussing such conditions as are identified in paragraph (1) with other employees for the purposes of initiating action described in paragraph (1), (2), or (3); or (5) other related activities as specified in regulations promulgated by the Secretary of Health and Human Services.", "id": "H47DB95A05D8D418F84B0656334E1C661", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Sanction \nA provider that takes an action in violation of subsection (a) is subject to a civil money penalty of not more than $20,000 for each such action. The provisions of section 1128A of the Social Security Act (other than subsections (a) and (b)) shall apply to civil money penalties under this subsection in the same manner as they apply to a penalty or proceeding under section 1128A(a) of such Act.", "id": "H5F1CFBBF85D84A72A1F050012C72F83", "header": "Sanction", "nested": [], "links": [] }, { "text": "(c) Exception \nThe provisions of subsection (a) shall not apply to the knowing or reckless provision of substantially false information by an employee or group of employees.", "id": "H447BFE50FF6146E2008636092EE8CFE", "header": "Exception", "nested": [], "links": [] } ], "links": [] }, { "text": "7. Report \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report on— (1) the manner in which the Secretary intends to implement reporting of additional nurse staffing variables such as unit worked, day of week (weekday and weekend), and type of care (direct or administrative) provided; and (2) the most effective mechanisms for auditing nurse staffing data under sections 1819(b)(8)(D) and 1919(b)(8)(D) of the Social Security Act (as added by subsections (a)(2) and (b)(2), respectively, of section 4) and for auditing nurse staffing date under section 3(f)(2).", "id": "H3C38818F8C8948209EF6DCC5847881BB", "header": "Report", "nested": [], "links": [] } ]

[ "Energy and Commerce Committee", "Ways and Means Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HFC5B1951D37D41DC9E071F337C1BCF69", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Presumptions of service connection with respect to exposure to carbon tetrachloride \nSection 1112 of title 38, United States Code, is amended by adding at the end the following new subsection: (d) (1) For the purposes of section 1110 of this title, and subject to the provisions of section 1113 of this title, in the case of a veteran who served for ninety days or more in active military, naval, or air service and who while in such service was exposed to carbon tetrachloride, any disease or disability specified in paragraph (2) becoming manifest in such veteran shall be considered to have been incurred in or aggravated by such service, notwithstanding that there is no record of evidence of such disease during the period of such service. (2) Diseases and disabilities referred to in paragraph (1) are the following: (A) Depleted vision or floater cataracts. (B) Hearing impairments such as high-pitch ringing, sensitivity to loud noises, and loss of hearing. (C) Memory losses such as lapses of recall, dates, numbers, and inverting numbers and letters. (D) Growths. (E) Swelling of hands or feet. (F) Aching bones or joints throughout the body (not associated with arthritis). (G) Loss of hair. (H) Deterioration of nervous system. (I) Pulmonary edema. (J) Hemorrhagic congestion..", "id": "HE2B5044166CE4F03BEF4563E05DE8D25", "header": "Presumptions of service connection with respect to exposure to carbon tetrachloride", "nested": [], "links": [ { "text": "Section 1112", "legal-doc": "usc", "parsable-cite": "usc/38/1112" }, { "text": "section 1110", "legal-doc": "usc", "parsable-cite": "usc/38/1110" }, { "text": "section 1113", "legal-doc": "usc", "parsable-cite": "usc/38/1113" } ] } ]

[ "Veterans' Affairs Committee" ]

[ { "text": "1. Findings \nThe Congress finds that— (1) Ukraine allows its citizens the right and opportunity to emigrate, free of anything more than a nominal tax on emigration or on the visas or other documents required for emigration and free of any tax, levy, fine, fee, or other charge on any citizens as a consequence of the desire of such citizens to emigrate to the country of their choice; (2) Ukraine has been found to be in full compliance with the freedom of emigration requirements under title IV of the Trade Act of 1974 since 1997; (3) since reestablishing independence in 1991, Ukraine has taken important steps toward the creation of democratic institutions and a free-market economy and, as a participating state of the Organization for Security and Cooperation in Europe (OSCE), is committed to developing a system of governance in accordance with the principles regarding human rights and humanitarian affairs that are set forth in the Final Act of the Conference on Security and Cooperation in Europe (also known as the Helsinki Final Act ) and successive documents; (4) Ukraine has shown progress towards meeting international commitments and standards in its most recent Parliamentary elections, recognizing that significant shortcomings remain, including in the implementation of Ukraine’s election laws, illegal interference by public authorities in the electoral process, and allegations of intimidation against opposition contestants, activists, and voters; (5) as a participating state of the OSCE, Ukraine is committed to addressing issues relating to its national and religious minorities and to adopting measures to ensure that persons belonging to national minorities have full equality both individually and communally; (6) Ukraine has enacted legislation providing protection against incitement to violence against persons or groups based on national, racial, ethnic, or religious discrimination, including anti-Semitism, and has committed itself, including through a letter to the President of the United States, to ensuring freedom of religion and combating racial and ethnic intolerance and hatred; (7) Ukraine has engaged in efforts to combat ethnic and religious intolerance by cooperating with various United States nongovernmental organizations; (8) Ukraine is continuing the restitution of religious properties, including religious and communal properties confiscated from national and religious minorities during the Soviet era, is facilitating the revival of those minority groups, and is in the process of developing a legislative framework for completing this process, as was confirmed in a letter to the President of the United States; (9) Ukraine has received normal trade relations treatment since concluding a bilateral trade agreement with the United States that entered into force on June 23, 1992; (10) Ukraine is making progress toward accession to the World Trade Organization, recognizing that many issues remain to be resolved, including commitments relating to access of United States agricultural products, protection of intellectual property rights, tariff and excise tax reductions for goods (including automobiles), trade in services, agricultural subsidy levels, elimination of export incentives for industrial goods, and reform of customs procedures and technical, sanitary, and phytosanitary measures; (11) Ukraine has enacted protections reflecting internationally recognized labor rights, noting that gaps remain both in the country’s legal regime and its enforcement record; (12) as a participating state of the OSCE, Ukraine has committed itself to respecting freedom of the press, although infringements of this freedom continue to occur; (13) Ukraine has established positive relations with neighboring countries, and has stated its desire to pursue a course of European integration with a commitment to ensuring democracy and prosperity for its citizens; and (14) Ukraine has participated with the United States in its peacekeeping operations in Europe and has provided important cooperation in the global struggle against international terrorism.", "id": "H9DAA423CDDFE4B5083D45600B60174F9", "header": "Findings", "nested": [], "links": [] }, { "text": "2. Termination of application of title IV of the Trade Act of 1974 to Ukraine \n(a) Presidential determinations and extension of unconditional and permanent nondiscriminatory treatment \nNotwithstanding any provision of title IV of the Trade Act of 1974 ( 19 U.S.C. 2431 et seq. ), the President may— (1) determine that such title should no longer apply to Ukraine; and (2) after making a determination under paragraph (1) with respect to Ukraine, proclaim the extension of unconditional and permanent nondiscriminatory treatment (permanent normal trade relations treatment) to the products of that country. (b) Termination of application of title IV \nOn and after the effective date of the extension under subsection (a)(2) of nondiscriminatory treatment to the products of Ukraine, chapter 1 of title IV of the Trade Act of 1974 shall cease to apply to that country.", "id": "H9A3AEF02A31741C59E39888DE45C5733", "header": "Termination of application of title IV of the Trade Act of 1974 to Ukraine", "nested": [ { "text": "(a) Presidential determinations and extension of unconditional and permanent nondiscriminatory treatment \nNotwithstanding any provision of title IV of the Trade Act of 1974 ( 19 U.S.C. 2431 et seq. ), the President may— (1) determine that such title should no longer apply to Ukraine; and (2) after making a determination under paragraph (1) with respect to Ukraine, proclaim the extension of unconditional and permanent nondiscriminatory treatment (permanent normal trade relations treatment) to the products of that country.", "id": "H1A7C09CCFA984473B84100B364EE225C", "header": "Presidential determinations and extension of unconditional and permanent nondiscriminatory treatment", "nested": [], "links": [ { "text": "19 U.S.C. 2431 et seq.", "legal-doc": "usc", "parsable-cite": "usc/19/2431" } ] }, { "text": "(b) Termination of application of title IV \nOn and after the effective date of the extension under subsection (a)(2) of nondiscriminatory treatment to the products of Ukraine, chapter 1 of title IV of the Trade Act of 1974 shall cease to apply to that country.", "id": "HB2875A08EAC74836A16FD4CEFA618364", "header": "Termination of application of title IV", "nested": [], "links": [] } ], "links": [ { "text": "19 U.S.C. 2431 et seq.", "legal-doc": "usc", "parsable-cite": "usc/19/2431" } ] }, { "text": "3. Sense of Congress \nIt is the sense of the Congress that the United States remain fully committed to a multifaceted engagement with Ukraine, including by— (1) urging Ukraine to fulfill its commitments as a participating member of the OSCE, and to continue its current policy— (A) of providing for the free emigration of its citizens; (B) of safeguarding religious liberty throughout Ukraine; (C) of enforcing existing Ukrainian laws at the national and local levels to combat ethnic, religious, and racial discrimination and violence; (D) of expanding the restitution of religious and communal properties, including establishing a legal framework for the completion of such restitution in the future; and (E) of respecting media freedoms fully; (2) working with Ukraine to improve in the areas described in section 1(11); (3) supporting Ukraine’s efforts to make substantial and meaningful progress in enacting and enforcing the protection of intellectual property rights; (4) working with Ukraine to ensure quick resolution of trade disputes that may arise, particularly in the poultry and other agricultural sectors; and (5) continuing monitoring by the United States of human rights, rule of law, and media freedoms in Ukraine, including the issues described in paragraphs (1) and (2), providing assistance to nongovernmental organizations and human rights groups involved in human rights, democracy, and rule of law activities in Ukraine, and attempting to establish annual discussions with Ukraine regarding those issues, including the participation of United States and Ukrainian nongovernmental organizations in such discussions.", "id": "HA5880A25719F41C4A1B38FDD74A8AF4", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "4. Reporting requirement \nThe reports required by sections 102(b) and 203 of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6412(b) and 6433) shall continue to include an assessment of the status of the issues described in subparagraphs (A) through (D) of section 3(1).", "id": "H94C31C22C30B42AFB51190B2B05772E6", "header": "Reporting requirement", "nested": [], "links": [ { "text": "22 U.S.C. 6412(b)", "legal-doc": "usc", "parsable-cite": "usc/22/6412" } ] }, { "text": "5. Continued enjoyment of rights under the June 23, 1992, bilateral trade agreement \n(a) Finding \nThe Congress finds that the trade agreement between the United States and Ukraine that entered into force on June 23, 1992, remains in force between the 2 countries and provides the United States with important rights, including the right to use specific safeguard rules to respond to import surges from Ukraine. (b) Applicability of safeguard \nSection 421 of the Trade Act of 1974 ( 19 U.S.C. 2451 ) shall apply to Ukraine to the same extent as such section applies to the People’s Republic of China, so long as the trade agreement described in subsection (a) remains in force.", "id": "H1C79EB9CFB87474BB0C2627DBE481095", "header": "Continued enjoyment of rights under the June 23, 1992, bilateral trade agreement", "nested": [ { "text": "(a) Finding \nThe Congress finds that the trade agreement between the United States and Ukraine that entered into force on June 23, 1992, remains in force between the 2 countries and provides the United States with important rights, including the right to use specific safeguard rules to respond to import surges from Ukraine.", "id": "H4532FD4855954A98854E3D7D81935ECF", "header": "Finding", "nested": [], "links": [] }, { "text": "(b) Applicability of safeguard \nSection 421 of the Trade Act of 1974 ( 19 U.S.C. 2451 ) shall apply to Ukraine to the same extent as such section applies to the People’s Republic of China, so long as the trade agreement described in subsection (a) remains in force.", "id": "H819C99132F2144038D593D30F9FF9576", "header": "Applicability of safeguard", "nested": [], "links": [ { "text": "19 U.S.C. 2451", "legal-doc": "usc", "parsable-cite": "usc/19/2451" } ] } ], "links": [ { "text": "19 U.S.C. 2451", "legal-doc": "usc", "parsable-cite": "usc/19/2451" } ] }, { "text": "6. Exercise of congressional oversight over WTO accession negotiations \n(a) Notice of agreement on accession to WTO by Ukraine \nNot later than 5 days after the date on which the United States has entered into a bilateral agreement with Ukraine on the terms of accession by Ukraine to the World Trade Organization, the President shall so notify the Congress, and the President shall transmit to the Congress, not later than 15 days after that agreement is entered into, a report that sets forth the provisions of that agreement. (b) Resolution of disapproval \n(1) Introduction \nIf a resolution of disapproval is introduced in the House of Representatives or the Senate during the 30-day period (not counting any day which is excluded under section 154(b) of the Trade Act of 1974 ( 19 U.S.C. 2194(b) ), beginning on the date on which the President first notifies the Congress under subsection (a) of the agreement referred to in that subsection, that resolution of disapproval shall be considered in accordance with this subsection. (2) Resolution of disapproval \nIn this subsection, the term resolution of disapproval means only a joint resolution of the two Houses of the Congress, the matter after the resolving clause of which is as follows: That it is the sense of the Congress that the agreement between the United States and Ukraine on the terms of accession by Ukraine to the World Trade Organization, of which Congress was notified on __, does not adequately advance the interests of the United States. , with the blank space being filled with the appropriate date. (3) Procedures for considering resolutions \n(A) Introduction and referral \nResolutions of disapproval— (i) in the House of Representatives— (I) may be introduced by any Member of the House; (II) shall be referred to the Committee on Ways and Means and, in addition, to the Committee on Rules; and (III) may not be amended by either Committee; and (ii) in the Senate— (I) may be introduced by any Member of the Senate; (II) shall be referred to the Committee on Finance; and (III) may not be amended. (B) Committee discharge and floor consideration \nThe provisions of subsections (c) through (f) of section 152 of the Trade Act of 1974 ( 19 U.S.C. 2192(c) through (f)) (relating to committee discharge and floor consideration of certain resolutions in the House and Senate) apply to a resolution of disapproval to the same extent as such subsections apply to resolutions under such section. (c) Rules of House of Representatives and Senate \nSubsection (b) is enacted by the Congress— (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such are deemed a part of the rules of each House, respectively, and such procedures supersede other rules only to the extent that they are inconsistent with such other rules; and (2) with the full recognition of the constitutional right of either House to change the rules (so far as relating to the procedures of that House) at any time, in the same manner, and to the same extent as any other rule of that House.", "id": "HBFF7C980D40F4D788F5163CCBF10D911", "header": "Exercise of congressional oversight over WTO accession negotiations", "nested": [ { "text": "(a) Notice of agreement on accession to WTO by Ukraine \nNot later than 5 days after the date on which the United States has entered into a bilateral agreement with Ukraine on the terms of accession by Ukraine to the World Trade Organization, the President shall so notify the Congress, and the President shall transmit to the Congress, not later than 15 days after that agreement is entered into, a report that sets forth the provisions of that agreement.", "id": "H8F2A336F314B467E9C9D8204C574E8E4", "header": "Notice of agreement on accession to WTO by Ukraine", "nested": [], "links": [] }, { "text": "(b) Resolution of disapproval \n(1) Introduction \nIf a resolution of disapproval is introduced in the House of Representatives or the Senate during the 30-day period (not counting any day which is excluded under section 154(b) of the Trade Act of 1974 ( 19 U.S.C. 2194(b) ), beginning on the date on which the President first notifies the Congress under subsection (a) of the agreement referred to in that subsection, that resolution of disapproval shall be considered in accordance with this subsection. (2) Resolution of disapproval \nIn this subsection, the term resolution of disapproval means only a joint resolution of the two Houses of the Congress, the matter after the resolving clause of which is as follows: That it is the sense of the Congress that the agreement between the United States and Ukraine on the terms of accession by Ukraine to the World Trade Organization, of which Congress was notified on __, does not adequately advance the interests of the United States. , with the blank space being filled with the appropriate date. (3) Procedures for considering resolutions \n(A) Introduction and referral \nResolutions of disapproval— (i) in the House of Representatives— (I) may be introduced by any Member of the House; (II) shall be referred to the Committee on Ways and Means and, in addition, to the Committee on Rules; and (III) may not be amended by either Committee; and (ii) in the Senate— (I) may be introduced by any Member of the Senate; (II) shall be referred to the Committee on Finance; and (III) may not be amended. (B) Committee discharge and floor consideration \nThe provisions of subsections (c) through (f) of section 152 of the Trade Act of 1974 ( 19 U.S.C. 2192(c) through (f)) (relating to committee discharge and floor consideration of certain resolutions in the House and Senate) apply to a resolution of disapproval to the same extent as such subsections apply to resolutions under such section.", "id": "H32BAA905954C4EE8B54021797B952B4F", "header": "Resolution of disapproval", "nested": [], "links": [ { "text": "19 U.S.C. 2194(b)", "legal-doc": "usc", "parsable-cite": "usc/19/2194" }, { "text": "19 U.S.C. 2192(c)", "legal-doc": "usc", "parsable-cite": "usc/19/2192" } ] }, { "text": "(c) Rules of House of Representatives and Senate \nSubsection (b) is enacted by the Congress— (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such are deemed a part of the rules of each House, respectively, and such procedures supersede other rules only to the extent that they are inconsistent with such other rules; and (2) with the full recognition of the constitutional right of either House to change the rules (so far as relating to the procedures of that House) at any time, in the same manner, and to the same extent as any other rule of that House.", "id": "HDF896EC6536F4BDE91EA68CA87E3C80", "header": "Rules of House of Representatives and Senate", "nested": [], "links": [] } ], "links": [ { "text": "19 U.S.C. 2194(b)", "legal-doc": "usc", "parsable-cite": "usc/19/2194" }, { "text": "19 U.S.C. 2192(c)", "legal-doc": "usc", "parsable-cite": "usc/19/2192" } ] } ]

[ "Ways and Means Committee", "Rules Committee", "Foreign Affairs Committee" ]

[ { "text": "1. Certain pepperoncini prepared or preserved by vinegar or acetic acid in concentrations at.5% or greater \n(a) In general \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.20.04 Pepperoncini, prepared or preserved by vinegar or acetic acid in concentrations at.5% or greater (provided for in subheading 2001.90.38) Free No change No change On or before 12/31/2007. (b) Effective date \nThe amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "HE9A819FD362B41E691F2CED7F3993CB4", "header": "Certain pepperoncini prepared or preserved by vinegar or acetic acid in concentrations at .5% or greater", "nested": [ { "text": "(a) In general \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.20.04 Pepperoncini, prepared or preserved by vinegar or acetic acid in concentrations at.5% or greater (provided for in subheading 2001.90.38) Free No change No change On or before 12/31/2007.", "id": "H9BED87177BD5454FA0AFA3100A8D3C", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Effective date \nThe amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "H6DBFF21C40384A248ED91C6744832BCB", "header": "Effective date", "nested": [], "links": [] } ], "links": [] } ]

[ "Ways and Means Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Prevention of Terrorist Access to Destructive Weapons Act of 2004.", "id": "HB41A1637258B41308D50356C0700D59D", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings and purpose \n(a) Findings \nCongress finds the following: (1) The criminal use of man-portable air defense systems (MANPADS) presents a serious threat to civil aviation worldwide, especially in the hands of terrorists or foreign states that harbor them. (2) Atomic weapons or weapons designed to release radiation ( dirty bombs ) could be used by terrorists to inflict enormous loss of life and damage to property and the environment. (3) Variola virus is the causative agent of smallpox, an extremely serious, contagious, and sometimes fatal disease. Variola virus is classified as a Category A agent by the Centers for Disease Control and Prevention, meaning that it is believed to pose the greatest potential threat for adverse public health impact and has a moderate to high potential for large-scale dissemination. The last case of smallpox in the United States was in 1949. The last naturally occurring case in the world was in Somalia in 1977. Although smallpox has been officially eradicated after a successful worldwide vaccination program, there remain two official repositories of the variola virus for research purposes. Because it is so dangerous, the variola virus may appeal to terrorists. (4) The use, or even the threatened use, of MANPADS, atomic or radiological weapons, or the variola virus, against the United States, its allies, or its people, poses a grave risk to the security, foreign policy, economy, and environment of the United States. Accordingly, the United States has a compelling national security interest in preventing unlawful activities that lead to the proliferation or spread of such items, including their unauthorized production, construction, acquisition, transfer, possession, import, or export. All of these activities markedly increase the chances that such items will be obtained by terrorist organizations or rogue states, which could use them to attack the United States, its allies, or United States nationals or corporations. (5) There is no legitimate reason for a private individual or company, absent explicit government authorization, to produce, construct, otherwise acquire, transfer, receive, possess, import, export, or use MANPADS, atomic or radiological weapons, or the variola virus. (b) Purpose \nThe purpose of this Act is to combat the potential use of weapons that have the ability to cause widespread harm to United States persons and the United States economy (and that have no legitimate private use) and to threaten or harm the national security or foreign relations of the United States.", "id": "HA29D1D5C92BA4B7D9C1207432552C8BC", "header": "Findings and purpose", "nested": [ { "text": "(a) Findings \nCongress finds the following: (1) The criminal use of man-portable air defense systems (MANPADS) presents a serious threat to civil aviation worldwide, especially in the hands of terrorists or foreign states that harbor them. (2) Atomic weapons or weapons designed to release radiation ( dirty bombs ) could be used by terrorists to inflict enormous loss of life and damage to property and the environment. (3) Variola virus is the causative agent of smallpox, an extremely serious, contagious, and sometimes fatal disease. Variola virus is classified as a Category A agent by the Centers for Disease Control and Prevention, meaning that it is believed to pose the greatest potential threat for adverse public health impact and has a moderate to high potential for large-scale dissemination. The last case of smallpox in the United States was in 1949. The last naturally occurring case in the world was in Somalia in 1977. Although smallpox has been officially eradicated after a successful worldwide vaccination program, there remain two official repositories of the variola virus for research purposes. Because it is so dangerous, the variola virus may appeal to terrorists. (4) The use, or even the threatened use, of MANPADS, atomic or radiological weapons, or the variola virus, against the United States, its allies, or its people, poses a grave risk to the security, foreign policy, economy, and environment of the United States. Accordingly, the United States has a compelling national security interest in preventing unlawful activities that lead to the proliferation or spread of such items, including their unauthorized production, construction, acquisition, transfer, possession, import, or export. All of these activities markedly increase the chances that such items will be obtained by terrorist organizations or rogue states, which could use them to attack the United States, its allies, or United States nationals or corporations. (5) There is no legitimate reason for a private individual or company, absent explicit government authorization, to produce, construct, otherwise acquire, transfer, receive, possess, import, export, or use MANPADS, atomic or radiological weapons, or the variola virus.", "id": "HA368BC7AB60D4274A473FF035E965D17", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Purpose \nThe purpose of this Act is to combat the potential use of weapons that have the ability to cause widespread harm to United States persons and the United States economy (and that have no legitimate private use) and to threaten or harm the national security or foreign relations of the United States.", "id": "HEE2CEBE2B09A43989BE48700B3FA8D9D", "header": "Purpose", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Missile systems designed to destroy aircraft \nChapter 113B of title 18, United States Code, is amended by adding after section 2332f the following: 2332g. Missile systems designed to destroy aircraft \n(a) Unlawful conduct \n(1) In general \nExcept as provided in paragraph (3), it shall be unlawful for any person to knowingly produce, construct, otherwise acquire, transfer directly or indirectly, receive, possess, import, export, or use, or possess and threaten to use— (A) an explosive or incendiary rocket or missile that is guided by any system designed to enable the rocket or missile to— (i) seek or proceed toward energy radiated or reflected from an aircraft or toward an image locating an aircraft; or (ii) otherwise direct or guide the rocket or missile to an aircraft; (B) any device designed or intended to launch or guide a rocket or missile described in subparagraph (A); or (C) any part or combination of parts designed or redesigned for use in assembling or fabricating a rocket, missile, or device described in subparagraph (A) or (B). (2) Nonweapon \nParagraph (1)(A) does not apply to any device that is neither designed nor redesigned for use as a weapon. (3) Excluded conduct \nThis subsection does not apply with respect to— (A) conduct by or under the authority of the United States or any department or agency thereof or of a State or any department or agency thereof; or (B) conduct pursuant to the terms of a contract with the United States or any department or agency thereof or with a State or any department or agency thereof. (b) Jurisdiction \nConduct prohibited by subsection (a) is within the jurisdiction of the United States if— (1) the offense occurs in or affects interstate or foreign commerce; (2) the offense occurs outside of the United States and is committed by a national of the United States; (3) the offense is committed against a national of the United States while the national is outside the United States; (4) the offense is committed against any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or outside the United States; or (5) an offender aids or abets any person over whom jurisdiction exists under this subsection in committing an offense under this section or conspires with any person over whom jurisdiction exists under this subsection to commit an offense under this section. (c) Criminal penalties \n(1) In general \nAny person who violates, or attempts or conspires to violate, subsection (a) shall be fined not more than $2,000,000 and shall be sentenced to a term of imprisonment not less than 30 years or to imprisonment for life. (2) Life imprisonment \nAny person who, in the course of a violation of subsection (a), uses, attempts or conspires to use, or possesses and threatens to use, any item or items described in subsection (a), shall be fined not more than $2,000,000 and imprisoned for life. (3) Death penalty \nIf the death of another results from a person’s violation of subsection (a), the person shall be fined not more than $2,000,000 and punished by death or imprisoned for life. (d) Definition \nAs used in this section, the term aircraft has the definition set forth in section 40102(a)(6) of title 49, United States Code..", "id": "HEF478B6172264C7AB2E6C3AB3C504D81", "header": "Missile systems designed to destroy aircraft", "nested": [], "links": [ { "text": "Chapter 113B", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/113B" }, { "text": "section 40102(a)(6)", "legal-doc": "usc", "parsable-cite": "usc/49/40102" } ] }, { "text": "2332g. Missile systems designed to destroy aircraft \n(a) Unlawful conduct \n(1) In general \nExcept as provided in paragraph (3), it shall be unlawful for any person to knowingly produce, construct, otherwise acquire, transfer directly or indirectly, receive, possess, import, export, or use, or possess and threaten to use— (A) an explosive or incendiary rocket or missile that is guided by any system designed to enable the rocket or missile to— (i) seek or proceed toward energy radiated or reflected from an aircraft or toward an image locating an aircraft; or (ii) otherwise direct or guide the rocket or missile to an aircraft; (B) any device designed or intended to launch or guide a rocket or missile described in subparagraph (A); or (C) any part or combination of parts designed or redesigned for use in assembling or fabricating a rocket, missile, or device described in subparagraph (A) or (B). (2) Nonweapon \nParagraph (1)(A) does not apply to any device that is neither designed nor redesigned for use as a weapon. (3) Excluded conduct \nThis subsection does not apply with respect to— (A) conduct by or under the authority of the United States or any department or agency thereof or of a State or any department or agency thereof; or (B) conduct pursuant to the terms of a contract with the United States or any department or agency thereof or with a State or any department or agency thereof. (b) Jurisdiction \nConduct prohibited by subsection (a) is within the jurisdiction of the United States if— (1) the offense occurs in or affects interstate or foreign commerce; (2) the offense occurs outside of the United States and is committed by a national of the United States; (3) the offense is committed against a national of the United States while the national is outside the United States; (4) the offense is committed against any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or outside the United States; or (5) an offender aids or abets any person over whom jurisdiction exists under this subsection in committing an offense under this section or conspires with any person over whom jurisdiction exists under this subsection to commit an offense under this section. (c) Criminal penalties \n(1) In general \nAny person who violates, or attempts or conspires to violate, subsection (a) shall be fined not more than $2,000,000 and shall be sentenced to a term of imprisonment not less than 30 years or to imprisonment for life. (2) Life imprisonment \nAny person who, in the course of a violation of subsection (a), uses, attempts or conspires to use, or possesses and threatens to use, any item or items described in subsection (a), shall be fined not more than $2,000,000 and imprisoned for life. (3) Death penalty \nIf the death of another results from a person’s violation of subsection (a), the person shall be fined not more than $2,000,000 and punished by death or imprisoned for life. (d) Definition \nAs used in this section, the term aircraft has the definition set forth in section 40102(a)(6) of title 49, United States Code.", "id": "HA98F9C14EEF74E16B7B952955B1258F2", "header": "Missile systems designed to destroy aircraft", "nested": [ { "text": "(a) Unlawful conduct \n(1) In general \nExcept as provided in paragraph (3), it shall be unlawful for any person to knowingly produce, construct, otherwise acquire, transfer directly or indirectly, receive, possess, import, export, or use, or possess and threaten to use— (A) an explosive or incendiary rocket or missile that is guided by any system designed to enable the rocket or missile to— (i) seek or proceed toward energy radiated or reflected from an aircraft or toward an image locating an aircraft; or (ii) otherwise direct or guide the rocket or missile to an aircraft; (B) any device designed or intended to launch or guide a rocket or missile described in subparagraph (A); or (C) any part or combination of parts designed or redesigned for use in assembling or fabricating a rocket, missile, or device described in subparagraph (A) or (B). (2) Nonweapon \nParagraph (1)(A) does not apply to any device that is neither designed nor redesigned for use as a weapon. (3) Excluded conduct \nThis subsection does not apply with respect to— (A) conduct by or under the authority of the United States or any department or agency thereof or of a State or any department or agency thereof; or (B) conduct pursuant to the terms of a contract with the United States or any department or agency thereof or with a State or any department or agency thereof.", "id": "H0C0EA53005DB44929B36E9F6BA0649F9", "header": "Unlawful conduct", "nested": [], "links": [] }, { "text": "(b) Jurisdiction \nConduct prohibited by subsection (a) is within the jurisdiction of the United States if— (1) the offense occurs in or affects interstate or foreign commerce; (2) the offense occurs outside of the United States and is committed by a national of the United States; (3) the offense is committed against a national of the United States while the national is outside the United States; (4) the offense is committed against any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or outside the United States; or (5) an offender aids or abets any person over whom jurisdiction exists under this subsection in committing an offense under this section or conspires with any person over whom jurisdiction exists under this subsection to commit an offense under this section.", "id": "H3BEB0D321B5C44B28948485388012B26", "header": "Jurisdiction", "nested": [], "links": [] }, { "text": "(c) Criminal penalties \n(1) In general \nAny person who violates, or attempts or conspires to violate, subsection (a) shall be fined not more than $2,000,000 and shall be sentenced to a term of imprisonment not less than 30 years or to imprisonment for life. (2) Life imprisonment \nAny person who, in the course of a violation of subsection (a), uses, attempts or conspires to use, or possesses and threatens to use, any item or items described in subsection (a), shall be fined not more than $2,000,000 and imprisoned for life. (3) Death penalty \nIf the death of another results from a person’s violation of subsection (a), the person shall be fined not more than $2,000,000 and punished by death or imprisoned for life.", "id": "H16F6BCB1E8EF45FA8B9E9C878D24B1A9", "header": "Criminal penalties", "nested": [], "links": [] }, { "text": "(d) Definition \nAs used in this section, the term aircraft has the definition set forth in section 40102(a)(6) of title 49, United States Code.", "id": "H9441B565290644E1A5FA817715FFB73", "header": "Definition", "nested": [], "links": [ { "text": "section 40102(a)(6)", "legal-doc": "usc", "parsable-cite": "usc/49/40102" } ] } ], "links": [ { "text": "section 40102(a)(6)", "legal-doc": "usc", "parsable-cite": "usc/49/40102" } ] }, { "text": "4. Atomic weapons \n(a) Prohibitions \nSection 92 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2122 ) is amended by— (1) inserting at the beginning a. before It ; (2) inserting knowingly after for any person to ; (3) striking or before export ; (4) striking transfer or receive in interstate or foreign commerce, before manufacture ; (5) inserting receive, after acquire, ; (6) inserting , or use, or possess and threaten to use, before any atomic weapon ; (7) inserting at the end the following: b. Conduct prohibited by subsection a. is within the jurisdiction of the United States if— (1) the offense occurs in or affects interstate or foreign commerce; the offense occurs outside of the United States and is committed by a national of the United States; (2) the offense is committed against a national of the United States while the national is outside the United States; (3) the offense is committed against any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or outside the United States; or (4) an offender aids or abets any person over whom jurisdiction exists under this subsection in committing an offense under this section or conspires with any person over whom jurisdiction exists under this subsection to commit an offense under this section.. (b) Violations \nSection 222 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2272 ) is amended by— (1) inserting at the beginning a. before Whoever ; (2) striking , 92, ; and (3) inserting at the end the following: b. Any person who violates, or attempts or conspires to violate, section 92 shall be fined not more than $2,000,000 and sentenced to a term of imprisonment not less than 30 years or to imprisonment for life. Any person who, in the course of a violation of section 92, uses, attempts or conspires to use, or possesses and threatens to use, any atomic weapon shall be fined not more than $2,000,000 and imprisoned for life. If the death of another results from a person’s violation of section 92, the person shall be fined not more than $2,000,000 and punished by death or imprisoned for life..", "id": "H9DC3DAE1728F4320A1235DFA449FB000", "header": "Atomic weapons", "nested": [ { "text": "(a) Prohibitions \nSection 92 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2122 ) is amended by— (1) inserting at the beginning a. before It ; (2) inserting knowingly after for any person to ; (3) striking or before export ; (4) striking transfer or receive in interstate or foreign commerce, before manufacture ; (5) inserting receive, after acquire, ; (6) inserting , or use, or possess and threaten to use, before any atomic weapon ; (7) inserting at the end the following: b. Conduct prohibited by subsection a. is within the jurisdiction of the United States if— (1) the offense occurs in or affects interstate or foreign commerce; the offense occurs outside of the United States and is committed by a national of the United States; (2) the offense is committed against a national of the United States while the national is outside the United States; (3) the offense is committed against any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or outside the United States; or (4) an offender aids or abets any person over whom jurisdiction exists under this subsection in committing an offense under this section or conspires with any person over whom jurisdiction exists under this subsection to commit an offense under this section..", "id": "H143979166FEA46F084848D537D586CD0", "header": "Prohibitions", "nested": [], "links": [ { "text": "42 U.S.C. 2122", "legal-doc": "usc", "parsable-cite": "usc/42/2122" } ] }, { "text": "(b) Violations \nSection 222 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2272 ) is amended by— (1) inserting at the beginning a. before Whoever ; (2) striking , 92, ; and (3) inserting at the end the following: b. Any person who violates, or attempts or conspires to violate, section 92 shall be fined not more than $2,000,000 and sentenced to a term of imprisonment not less than 30 years or to imprisonment for life. Any person who, in the course of a violation of section 92, uses, attempts or conspires to use, or possesses and threatens to use, any atomic weapon shall be fined not more than $2,000,000 and imprisoned for life. If the death of another results from a person’s violation of section 92, the person shall be fined not more than $2,000,000 and punished by death or imprisoned for life..", "id": "H49D009E0D5E844A4A63F00D95120E894", "header": "Violations", "nested": [], "links": [ { "text": "42 U.S.C. 2272", "legal-doc": "usc", "parsable-cite": "usc/42/2272" } ] } ], "links": [ { "text": "42 U.S.C. 2122", "legal-doc": "usc", "parsable-cite": "usc/42/2122" }, { "text": "42 U.S.C. 2272", "legal-doc": "usc", "parsable-cite": "usc/42/2272" } ] }, { "text": "5. Radiological dispersal devices \nChapter 113B of title 18, United States Code, is amended by adding after section 2332g the following: 2332h. Radiological dispersal devices \n(a) Unlawful conduct \n(1) In general \nExcept as provided in paragraph (2), it shall be unlawful for any person to knowingly produce, construct, otherwise acquire, transfer directly or indirectly, receive, possess, import, export, or use, or possess and threaten to use— (A) any weapon that is designed or intended to release radiation or radioactivity at a level dangerous to human life; or (B) or any device or other object that is capable of and designed or intended to endanger human life through the release of radiation or radioactivity. (2) Exception \nThis subsection does not apply with respect to— (A) conduct by or under the authority of the United States or any department or agency thereof; or (B) conduct pursuant to the terms of a contract with the United States or any department or agency thereof. (b) Jurisdiction \nConduct prohibited by subsection (a) is within the jurisdiction of the United States if— (1) the offense occurs in or affects interstate or foreign commerce; (2) the offense occurs outside of the United States and is committed by a national of the United States; (3) the offense is committed against a national of the United States while the national is outside the United States; (4) the offense is committed against any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or outside the United States; or (5) an offender aids or abets any person over whom jurisdiction exists under this subsection in committing an offense under this section or conspires with any person over whom jurisdiction exists under this subsection to commit an offense under this section. (c) Criminal penalties \n(1) In general \nAny person who violates, or attempts or conspires to violate, subsection (a) shall be fined not more than $2,000,000 and shall be sentenced to a term of imprisonment not less than 30 years or to imprisonment for life. (2) Life imprisonment \nAny person who, in the course of a violation of subsection (a), uses, attempts or conspires to use, or possesses and threatens to use, any item or items described in subsection (a), shall be fined not more than $2,000,000 and imprisoned for life. (3) Death penalty \nIf the death of another results from a person’s violation of subsection (a), the person shall be fined not more than $2,000,000 and punished by death or imprisoned for life..", "id": "HA495E8CD53894CBCA12E00E8C749ADE7", "header": "Radiological dispersal devices", "nested": [], "links": [ { "text": "Chapter 113B", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/113B" } ] }, { "text": "2332h. Radiological dispersal devices \n(a) Unlawful conduct \n(1) In general \nExcept as provided in paragraph (2), it shall be unlawful for any person to knowingly produce, construct, otherwise acquire, transfer directly or indirectly, receive, possess, import, export, or use, or possess and threaten to use— (A) any weapon that is designed or intended to release radiation or radioactivity at a level dangerous to human life; or (B) or any device or other object that is capable of and designed or intended to endanger human life through the release of radiation or radioactivity. (2) Exception \nThis subsection does not apply with respect to— (A) conduct by or under the authority of the United States or any department or agency thereof; or (B) conduct pursuant to the terms of a contract with the United States or any department or agency thereof. (b) Jurisdiction \nConduct prohibited by subsection (a) is within the jurisdiction of the United States if— (1) the offense occurs in or affects interstate or foreign commerce; (2) the offense occurs outside of the United States and is committed by a national of the United States; (3) the offense is committed against a national of the United States while the national is outside the United States; (4) the offense is committed against any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or outside the United States; or (5) an offender aids or abets any person over whom jurisdiction exists under this subsection in committing an offense under this section or conspires with any person over whom jurisdiction exists under this subsection to commit an offense under this section. (c) Criminal penalties \n(1) In general \nAny person who violates, or attempts or conspires to violate, subsection (a) shall be fined not more than $2,000,000 and shall be sentenced to a term of imprisonment not less than 30 years or to imprisonment for life. (2) Life imprisonment \nAny person who, in the course of a violation of subsection (a), uses, attempts or conspires to use, or possesses and threatens to use, any item or items described in subsection (a), shall be fined not more than $2,000,000 and imprisoned for life. (3) Death penalty \nIf the death of another results from a person’s violation of subsection (a), the person shall be fined not more than $2,000,000 and punished by death or imprisoned for life.", "id": "H6BE8C926F4DF48E78C67BC6800133BD2", "header": "Radiological dispersal devices", "nested": [ { "text": "(a) Unlawful conduct \n(1) In general \nExcept as provided in paragraph (2), it shall be unlawful for any person to knowingly produce, construct, otherwise acquire, transfer directly or indirectly, receive, possess, import, export, or use, or possess and threaten to use— (A) any weapon that is designed or intended to release radiation or radioactivity at a level dangerous to human life; or (B) or any device or other object that is capable of and designed or intended to endanger human life through the release of radiation or radioactivity. (2) Exception \nThis subsection does not apply with respect to— (A) conduct by or under the authority of the United States or any department or agency thereof; or (B) conduct pursuant to the terms of a contract with the United States or any department or agency thereof.", "id": "HDFDEAF9CCA97423096FD1D62A01D9427", "header": "Unlawful conduct", "nested": [], "links": [] }, { "text": "(b) Jurisdiction \nConduct prohibited by subsection (a) is within the jurisdiction of the United States if— (1) the offense occurs in or affects interstate or foreign commerce; (2) the offense occurs outside of the United States and is committed by a national of the United States; (3) the offense is committed against a national of the United States while the national is outside the United States; (4) the offense is committed against any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or outside the United States; or (5) an offender aids or abets any person over whom jurisdiction exists under this subsection in committing an offense under this section or conspires with any person over whom jurisdiction exists under this subsection to commit an offense under this section.", "id": "HB6382B5D27E44170993C02FFA5B781AD", "header": "Jurisdiction", "nested": [], "links": [] }, { "text": "(c) Criminal penalties \n(1) In general \nAny person who violates, or attempts or conspires to violate, subsection (a) shall be fined not more than $2,000,000 and shall be sentenced to a term of imprisonment not less than 30 years or to imprisonment for life. (2) Life imprisonment \nAny person who, in the course of a violation of subsection (a), uses, attempts or conspires to use, or possesses and threatens to use, any item or items described in subsection (a), shall be fined not more than $2,000,000 and imprisoned for life. (3) Death penalty \nIf the death of another results from a person’s violation of subsection (a), the person shall be fined not more than $2,000,000 and punished by death or imprisoned for life.", "id": "H10B458A564A34B56A5AFBF600129DD9", "header": "Criminal penalties", "nested": [], "links": [] } ], "links": [] }, { "text": "6. Variola virus \nChapter 10 of title 18, is amended by inserting after section 175b the following: 175c. Variola virus \n(a) Unlawful conduct \n(1) In general \nExcept as provided in paragraph (2), it shall be unlawful for any person to knowingly produce, engineer, synthesize, acquire, transfer directly or indirectly, receive, possess, import, export, or use, or possess and threaten to use, variola virus. (2) Exception \nThis subsection does not apply to conduct by, or under the authority of, the Secretary of Health and Human Services. (b) Jurisdiction \nConduct prohibited by subsection (a) is within the jurisdiction of the United States if— (1) the offense occurs in or affects interstate or foreign commerce; (2) the offense occurs outside of the United States and is committed by a national of the United States; (3) the offense is committed against a national of the United States while the national is outside the United States; (4) the offense is committed against any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or outside the United States; or (5) an offender aids or abets any person over whom jurisdiction exists under this subsection in committing an offense under this section or conspires with any person over whom jurisdiction exists under this subsection to commit an offense under this section. (c) Criminal penalties \n(1) In general \nAny person who violates, or attempts or conspires to violate, subsection (a) shall be fined not more than $2,000,000 and shall be sentenced to a term of imprisonment not less than 30 years or to imprisonment for life. (2) Life imprisonment \nAny person who, in the course of a violation of subsection (a), uses, attempts or conspires to use, or possesses and threatens to use, any item or items described in subsection (a), shall be fined not more than $2,000,000 and imprisoned for life. (3) Death penalty \nIf the death of another results from a person’s violation of subsection (a), the person shall be fined not more than $2,000,000 and punished by death or imprisoned for life. (d) Definition \nAs used in this section, the term variola virus means a virus that can cause human smallpox or any derivative of the variola major virus that contains more than 85 percent of the gene sequence of the variola major virus or the variola minor virus..", "id": "H937C5AFA4A324D209071F849CFCA558C", "header": "Variola virus", "nested": [], "links": [ { "text": "Chapter 10", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/10" }, { "text": "section 175b", "legal-doc": "usc", "parsable-cite": "usc/18/175b" } ] }, { "text": "175c. Variola virus \n(a) Unlawful conduct \n(1) In general \nExcept as provided in paragraph (2), it shall be unlawful for any person to knowingly produce, engineer, synthesize, acquire, transfer directly or indirectly, receive, possess, import, export, or use, or possess and threaten to use, variola virus. (2) Exception \nThis subsection does not apply to conduct by, or under the authority of, the Secretary of Health and Human Services. (b) Jurisdiction \nConduct prohibited by subsection (a) is within the jurisdiction of the United States if— (1) the offense occurs in or affects interstate or foreign commerce; (2) the offense occurs outside of the United States and is committed by a national of the United States; (3) the offense is committed against a national of the United States while the national is outside the United States; (4) the offense is committed against any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or outside the United States; or (5) an offender aids or abets any person over whom jurisdiction exists under this subsection in committing an offense under this section or conspires with any person over whom jurisdiction exists under this subsection to commit an offense under this section. (c) Criminal penalties \n(1) In general \nAny person who violates, or attempts or conspires to violate, subsection (a) shall be fined not more than $2,000,000 and shall be sentenced to a term of imprisonment not less than 30 years or to imprisonment for life. (2) Life imprisonment \nAny person who, in the course of a violation of subsection (a), uses, attempts or conspires to use, or possesses and threatens to use, any item or items described in subsection (a), shall be fined not more than $2,000,000 and imprisoned for life. (3) Death penalty \nIf the death of another results from a person’s violation of subsection (a), the person shall be fined not more than $2,000,000 and punished by death or imprisoned for life. (d) Definition \nAs used in this section, the term variola virus means a virus that can cause human smallpox or any derivative of the variola major virus that contains more than 85 percent of the gene sequence of the variola major virus or the variola minor virus.", "id": "HE2F62CF604C64C9EB3ED0460B992FC37", "header": "Variola virus", "nested": [ { "text": "(a) Unlawful conduct \n(1) In general \nExcept as provided in paragraph (2), it shall be unlawful for any person to knowingly produce, engineer, synthesize, acquire, transfer directly or indirectly, receive, possess, import, export, or use, or possess and threaten to use, variola virus. (2) Exception \nThis subsection does not apply to conduct by, or under the authority of, the Secretary of Health and Human Services.", "id": "HF69FDD9794BC4568ADFD791400C9D6DA", "header": "Unlawful conduct", "nested": [], "links": [] }, { "text": "(b) Jurisdiction \nConduct prohibited by subsection (a) is within the jurisdiction of the United States if— (1) the offense occurs in or affects interstate or foreign commerce; (2) the offense occurs outside of the United States and is committed by a national of the United States; (3) the offense is committed against a national of the United States while the national is outside the United States; (4) the offense is committed against any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or outside the United States; or (5) an offender aids or abets any person over whom jurisdiction exists under this subsection in committing an offense under this section or conspires with any person over whom jurisdiction exists under this subsection to commit an offense under this section.", "id": "HF6F620EBE4EC4CE19896BA41A8728644", "header": "Jurisdiction", "nested": [], "links": [] }, { "text": "(c) Criminal penalties \n(1) In general \nAny person who violates, or attempts or conspires to violate, subsection (a) shall be fined not more than $2,000,000 and shall be sentenced to a term of imprisonment not less than 30 years or to imprisonment for life. (2) Life imprisonment \nAny person who, in the course of a violation of subsection (a), uses, attempts or conspires to use, or possesses and threatens to use, any item or items described in subsection (a), shall be fined not more than $2,000,000 and imprisoned for life. (3) Death penalty \nIf the death of another results from a person’s violation of subsection (a), the person shall be fined not more than $2,000,000 and punished by death or imprisoned for life.", "id": "HC7DEF194A2B44E2095150785E34ED015", "header": "Criminal penalties", "nested": [], "links": [] }, { "text": "(d) Definition \nAs used in this section, the term variola virus means a virus that can cause human smallpox or any derivative of the variola major virus that contains more than 85 percent of the gene sequence of the variola major virus or the variola minor virus.", "id": "H32C73163547549B0BE72139305E3ED3", "header": "Definition", "nested": [], "links": [] } ], "links": [] }, { "text": "7. Interception of communications \nSection 2516(1) of title 18, United States Code, is amended— (1) in paragraph (a), by inserting 2122 and after sections ; (2) in paragraph (c), by inserting section 175c (relating to variola virus), after section 175 (relating to biological weapons), ; and (3) in paragraph (q), by inserting 2332g, 2332h, after 2332f,.", "id": "H291E65B81B644069B4DC15F35074CF37", "header": "Interception of communications", "nested": [], "links": [ { "text": "Section 2516(1)", "legal-doc": "usc", "parsable-cite": "usc/18/2516" } ] }, { "text": "8. Amendments to section 2332 b ( g )(5)(B) of title 18, United States Code \nSection 2332b(g)(5)(B) of title 18, United States Code, is amended— (1) in clause (i)— (A) by inserting before 2339 (relating to harboring terrorists) the following: 2332g (relating to missile systems designed to destroy aircraft), 2332h (relating to radiological dispersal devices), ; and (B) by inserting 175c (relating to variola virus), after 175 or 175b (relating to biological weapons), ; and (2) in clause (ii)— (A) by striking section and inserting sections 92 (relating to prohibitions governing atomic weapons) or ; and (B) by inserting 2122 or before 2284.", "id": "H0B642B77C77744938FC7E526C9DC86AD", "header": "Amendments to section 2332b(g)(5)(B) of title 18, United States Code", "nested": [], "links": [ { "text": "section 2332b(g)(5)(B)", "legal-doc": "usc", "parsable-cite": "usc/18/2332" }, { "text": "Section 2332b(g)(5)(B)", "legal-doc": "usc", "parsable-cite": "usc/18/2332b" } ] }, { "text": "9. Amendments to section 1956( c )(7)(d) of title 18, United States Code \nSection 1956(c)(7)(D), title 18, United States Code, is amended— (1) by inserting after section 152 (relating to concealment of assets; false oaths and claims; bribery), the following: section 175c (relating to the variola virus), ; (2) by inserting after section 2332(b) (relating to international terrorist acts transcending national boundaries), the following: section 2332g (relating to missile systems designed to destroy aircraft), section 2332h (relating to radiological dispersal devices), ; and (3) striking or after any felony violation of the Foreign Agents Registration Act of 1938, and after any felony violation of the Foreign Corrupt Practices Act , striking ; and inserting , or section 92 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2122 ) (relating to prohibitions governing atomic weapons).", "id": "H2156E88AFAFB4680BAFAE63312E25800", "header": "Amendments to section 1956(c)(7)(d) of title 18, United States Code", "nested": [], "links": [ { "text": "section 1956(c)(7)(d)", "legal-doc": "usc", "parsable-cite": "usc/18/1956" }, { "text": "42 U.S.C. 2122", "legal-doc": "usc", "parsable-cite": "usc/42/2122" } ] }, { "text": "10. Export licensing process \nSection 38(g)(1)(A) of the Arms Export Control Act ( 22 U.S.C. 2778 ) is amended— (1) by striking or before (xi) ; and (2) by inserting after clause (xi) the following: or (xii) section 3, 4, 5, and 6 of the Prevention of Terrorist Access to Destructive Weapons Act of 2004 , relating to missile systems designed to destroy aircraft ( 18 U.S.C. 2332g ), prohibitions governing atomic weapons ( 42 U.S.C. 2122 ), radiological dispersal devices ( 18 U.S.C. 2332h ), and variola virus ( 18 U.S.C. 175b );.", "id": "H3B129914CB8941D0BCD4EC15478900C2", "header": "Export licensing process", "nested": [], "links": [ { "text": "22 U.S.C. 2778", "legal-doc": "usc", "parsable-cite": "usc/22/2778" }, { "text": "18 U.S.C. 2332g", "legal-doc": "usc", "parsable-cite": "usc/18/2332g" }, { "text": "42 U.S.C. 2122", "legal-doc": "usc", "parsable-cite": "usc/42/2122" }, { "text": "18 U.S.C. 2332h", "legal-doc": "usc", "parsable-cite": "usc/18/2332h" }, { "text": "18 U.S.C. 175b", "legal-doc": "usc", "parsable-cite": "usc/18/175b" } ] }, { "text": "11. Clerical amendments \n(a) Chapter 113B \nThe table of sections for chapter 113B of title 18, United States Code, is amended by inserting the following after the item for section 2332f: Sec. 2332g. Missile systems designed to destroy aircraft Sec. 2332h. Radiological dispersal devices. (b) Chapter 10 \nThe table of sections for chapter 10 of title 18, United States Code, is amended by inserting the following item after the item for section 175b: Sec. 175c. Variola virus.", "id": "HCACF4EB01FFE470188697688F470E045", "header": "Clerical amendments", "nested": [ { "text": "(a) Chapter 113B \nThe table of sections for chapter 113B of title 18, United States Code, is amended by inserting the following after the item for section 2332f: Sec. 2332g. Missile systems designed to destroy aircraft Sec. 2332h. Radiological dispersal devices.", "id": "H55A8DCEA1BCD45BA86A2AAC3449CF14", "header": "Chapter 113B", "nested": [], "links": [ { "text": "chapter 113B", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/113B" } ] }, { "text": "(b) Chapter 10 \nThe table of sections for chapter 10 of title 18, United States Code, is amended by inserting the following item after the item for section 175b: Sec. 175c. Variola virus.", "id": "HB620D9BD70D847C0B32CFE8EBC78706E", "header": "Chapter 10", "nested": [], "links": [ { "text": "chapter 10", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/10" } ] } ], "links": [ { "text": "chapter 113B", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/113B" }, { "text": "chapter 10", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/10" } ] } ]

[ "Energy and Commerce Committee", "Foreign Affairs Committee", "Judiciary Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as One Church, One Child Act of 2004.", "id": "HDB71FA0A79ED44C4BDC04BE7B11DFD13", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nThe Congress makes the following findings: (1) Many States are facing serious shortages of qualified foster parents and qualified adoptive parents. (2) A 2002 report by the National Conference of State Legislatures found that, while the number of children in foster care increased by 68 percent between 1984 and 1995, the number of foster parents decreased by 4 percent during the same period. (3) The shortage of adoptive parents is equally dire—while only 50,000 children were adopted out of foster care in 2001, as many as 126,000 children were awaiting adoption. On average, each of these waiting children had been in foster care for 44 months. (4) The rapid increase in the annual number of adoptions from foster care since the enactment of the Adoption and Safe Families Act of 1997 has created a growing need for post-adoption services and for service providers with the knowledge and skills required to address the unique issues adoptive families and children may face. (5) One Church, One Child is a national faith and community-based foster care and adoption ministry established in Chicago, Illinois, in 1980 by Father George Clements, whose mission is to provide comprehensive services that promote the well-being of at-risk children and the strengthening and empowerment of adoptive, foster, and kinship families. Since its formation, the organization and programs based on its model have successfully placed more than 140,000 children in adoptive families nationwide. (6) Despite its success as a model for providing recruitment, training, and support services for certified foster and adoptive parents, One Church, One Child programs and programs based on this concept have received limited federal funding. (7) The creation of a federally-funded grant program to support the establishment and expansion of programs for the recruitment of foster parents and adoptive parents which are modeled on the One Church, One Child concept will benefit the Nation’s abused and neglected children by increasing the pool of qualified adoptive parents and qualified foster parents.", "id": "H34B69AC2F1144611B5ABED1EAD00EE66", "header": "Findings", "nested": [], "links": [] }, { "text": "3. One church, one child grants \nPart E of title IV of the Social Security Act ( 42 U.S.C. 670–679b ) is amended by adding at the end the following: 479B. One church, one child grants \n(a) Competitive grants to eligible entities to conduct one church, one child foster parent and adoption parent recruitment programs \n(1) Grant authority \n(A) In general \nThe Secretary shall make grants, on a competitive basis, to eligible entities to support the establishment or expansion of programs that use networks of public, private and faith-based organizations to recruit and train qualified foster parents and qualified adoptive parents and provide support services to adoptive and foster children and their families. (B) Eligible entity \nIn this section, the term eligible entity means a State or local government, local public agency, community-based or nonprofit organization, or private entity, including any charitable or faith-based organization, that submits to the Secretary, at such time, in such form, and in such manner as the Secretary may require, an application that contains such information as the Secretary may require and the following: (i) Project description \nA description of the programs or activities the entity intends to carry out with funds provided under this section, including an estimate of the number of children to be served under such programs or activities and a description of the services to be provided to prospective adoptive and foster parents, including post-placement supportive services. (ii) Coordination of efforts \nA description of how the entity will coordinate and cooperate with State and local entities responsible for carrying out programs related to the recruitment of foster parents and adoptive parents, and with the national clearinghouse established under section 479C. (iii) Records, reports, and audits \nAn agreement to maintain such records, submit such reports, and cooperate with such reviews and audits as the Secretary finds necessary for purposes of oversight. (2) Definition of state \nIn this section, the term State means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (3) Limitations on authorization of appropriations \nTo carry out this section, there are authorized to be appropriated to the Secretary not more than $20,000,000 for each of fiscal years 2005 through 2009. (4) 3-year availability of grant funds \nAn eligible entity to which a grant is made under this section for a fiscal year shall remit to the Secretary any part of the grant that is not expended by the end of the second succeeding fiscal year, together with any earnings on such unexpended amount. (5) Redistribution of unused grant funds \nThe Secretary shall redistribute any funds remitted under paragraph (4) among eligible entities that the Secretary determines have a need for additional funds to carry out the programs and activities referred to in paragraph (1)(B)(i). (b) Provisions relating to religious organizations \n(1) Nondiscrimination \nFor the purpose of awarding grants under this section, the Secretary shall consider religious organizations on the same basis as other nongovernmental organizations, so long as the grant is to be implemented in a manner consistent with the Establishment Clause of the First Amendment to the Constitution of the United States. A State or local government receiving funds under this section shall not discriminate against an organization that seeks to participate in a program funded under this section on the basis that the organization has a religious character. (2) Noninterference \nNeither the Federal Government nor a State or local government shall require a religious organization— (A) to alter its form of internal governance; or (B) to remove from its premises religious art, icons, scripture, or other symbols, in order to be eligible to receive a grant under this section or to participate in a program funded under this section. (3) Limitations on use of funds \nFunds provided directly to a religious organization to carry out a program funded under this section shall not be expended for sectarian worship, instruction, or proselytization. (4) Fiscal accountability \n(A) In general \nExcept as provided in paragraph (B), a religious organization receiving funds under this section shall be subject to the same regulations as other nongovernmental organizations to account in accord with generally accepted accounting principles for the use of such funds. (B) Separation of funds \nSuch an organization shall keep all funds provided under this section in an account separate from all other funds of the organization..", "id": "H23F783FBA69545A184009C7178304B9D", "header": "One church, one child grants", "nested": [], "links": [ { "text": "42 U.S.C. 670–679b", "legal-doc": "usc", "parsable-cite": "usc/42/670" } ] }, { "text": "479B. One church, one child grants \n(a) Competitive grants to eligible entities to conduct one church, one child foster parent and adoption parent recruitment programs \n(1) Grant authority \n(A) In general \nThe Secretary shall make grants, on a competitive basis, to eligible entities to support the establishment or expansion of programs that use networks of public, private and faith-based organizations to recruit and train qualified foster parents and qualified adoptive parents and provide support services to adoptive and foster children and their families. (B) Eligible entity \nIn this section, the term eligible entity means a State or local government, local public agency, community-based or nonprofit organization, or private entity, including any charitable or faith-based organization, that submits to the Secretary, at such time, in such form, and in such manner as the Secretary may require, an application that contains such information as the Secretary may require and the following: (i) Project description \nA description of the programs or activities the entity intends to carry out with funds provided under this section, including an estimate of the number of children to be served under such programs or activities and a description of the services to be provided to prospective adoptive and foster parents, including post-placement supportive services. (ii) Coordination of efforts \nA description of how the entity will coordinate and cooperate with State and local entities responsible for carrying out programs related to the recruitment of foster parents and adoptive parents, and with the national clearinghouse established under section 479C. (iii) Records, reports, and audits \nAn agreement to maintain such records, submit such reports, and cooperate with such reviews and audits as the Secretary finds necessary for purposes of oversight. (2) Definition of state \nIn this section, the term State means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (3) Limitations on authorization of appropriations \nTo carry out this section, there are authorized to be appropriated to the Secretary not more than $20,000,000 for each of fiscal years 2005 through 2009. (4) 3-year availability of grant funds \nAn eligible entity to which a grant is made under this section for a fiscal year shall remit to the Secretary any part of the grant that is not expended by the end of the second succeeding fiscal year, together with any earnings on such unexpended amount. (5) Redistribution of unused grant funds \nThe Secretary shall redistribute any funds remitted under paragraph (4) among eligible entities that the Secretary determines have a need for additional funds to carry out the programs and activities referred to in paragraph (1)(B)(i). (b) Provisions relating to religious organizations \n(1) Nondiscrimination \nFor the purpose of awarding grants under this section, the Secretary shall consider religious organizations on the same basis as other nongovernmental organizations, so long as the grant is to be implemented in a manner consistent with the Establishment Clause of the First Amendment to the Constitution of the United States. A State or local government receiving funds under this section shall not discriminate against an organization that seeks to participate in a program funded under this section on the basis that the organization has a religious character. (2) Noninterference \nNeither the Federal Government nor a State or local government shall require a religious organization— (A) to alter its form of internal governance; or (B) to remove from its premises religious art, icons, scripture, or other symbols, in order to be eligible to receive a grant under this section or to participate in a program funded under this section. (3) Limitations on use of funds \nFunds provided directly to a religious organization to carry out a program funded under this section shall not be expended for sectarian worship, instruction, or proselytization. (4) Fiscal accountability \n(A) In general \nExcept as provided in paragraph (B), a religious organization receiving funds under this section shall be subject to the same regulations as other nongovernmental organizations to account in accord with generally accepted accounting principles for the use of such funds. (B) Separation of funds \nSuch an organization shall keep all funds provided under this section in an account separate from all other funds of the organization.", "id": "H253E0D55B3074BFCAAA1C4F20CDFBC5", "header": "One church, one child grants", "nested": [ { "text": "(a) Competitive grants to eligible entities to conduct one church, one child foster parent and adoption parent recruitment programs \n(1) Grant authority \n(A) In general \nThe Secretary shall make grants, on a competitive basis, to eligible entities to support the establishment or expansion of programs that use networks of public, private and faith-based organizations to recruit and train qualified foster parents and qualified adoptive parents and provide support services to adoptive and foster children and their families. (B) Eligible entity \nIn this section, the term eligible entity means a State or local government, local public agency, community-based or nonprofit organization, or private entity, including any charitable or faith-based organization, that submits to the Secretary, at such time, in such form, and in such manner as the Secretary may require, an application that contains such information as the Secretary may require and the following: (i) Project description \nA description of the programs or activities the entity intends to carry out with funds provided under this section, including an estimate of the number of children to be served under such programs or activities and a description of the services to be provided to prospective adoptive and foster parents, including post-placement supportive services. (ii) Coordination of efforts \nA description of how the entity will coordinate and cooperate with State and local entities responsible for carrying out programs related to the recruitment of foster parents and adoptive parents, and with the national clearinghouse established under section 479C. (iii) Records, reports, and audits \nAn agreement to maintain such records, submit such reports, and cooperate with such reviews and audits as the Secretary finds necessary for purposes of oversight. (2) Definition of state \nIn this section, the term State means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (3) Limitations on authorization of appropriations \nTo carry out this section, there are authorized to be appropriated to the Secretary not more than $20,000,000 for each of fiscal years 2005 through 2009. (4) 3-year availability of grant funds \nAn eligible entity to which a grant is made under this section for a fiscal year shall remit to the Secretary any part of the grant that is not expended by the end of the second succeeding fiscal year, together with any earnings on such unexpended amount. (5) Redistribution of unused grant funds \nThe Secretary shall redistribute any funds remitted under paragraph (4) among eligible entities that the Secretary determines have a need for additional funds to carry out the programs and activities referred to in paragraph (1)(B)(i).", "id": "H34271A8AA5A14A5997E0B55EE34D10A8", "header": "Competitive grants to eligible entities to conduct one church, one child foster parent and adoption parent recruitment programs", "nested": [], "links": [] }, { "text": "(b) Provisions relating to religious organizations \n(1) Nondiscrimination \nFor the purpose of awarding grants under this section, the Secretary shall consider religious organizations on the same basis as other nongovernmental organizations, so long as the grant is to be implemented in a manner consistent with the Establishment Clause of the First Amendment to the Constitution of the United States. A State or local government receiving funds under this section shall not discriminate against an organization that seeks to participate in a program funded under this section on the basis that the organization has a religious character. (2) Noninterference \nNeither the Federal Government nor a State or local government shall require a religious organization— (A) to alter its form of internal governance; or (B) to remove from its premises religious art, icons, scripture, or other symbols, in order to be eligible to receive a grant under this section or to participate in a program funded under this section. (3) Limitations on use of funds \nFunds provided directly to a religious organization to carry out a program funded under this section shall not be expended for sectarian worship, instruction, or proselytization. (4) Fiscal accountability \n(A) In general \nExcept as provided in paragraph (B), a religious organization receiving funds under this section shall be subject to the same regulations as other nongovernmental organizations to account in accord with generally accepted accounting principles for the use of such funds. (B) Separation of funds \nSuch an organization shall keep all funds provided under this section in an account separate from all other funds of the organization.", "id": "H8E0A898A3EE74CC898D47DFFDF099D9D", "header": "Provisions relating to religious organizations", "nested": [], "links": [] } ], "links": [] }, { "text": "4. National clearinghouse for adoption promotion and foster parent programs; annual report to Congress \nPart E of title IV of the Social Security Act ( 42 U.S.C. 670–679b ) is further amended by adding at the end the following: 479C. National clearinghouse for adoption promotion and foster parent recruitment programs; annual report to Congress \n(a) National clearinghouse for adoption promotion and foster parent recruitment programs \n(1) National clearinghouse \n(A) In general \nThe Secretary shall enter into a contract with a nationally recognized, nonprofit adoption promotion and foster parent recruitment organization described in subparagraph (B) to— (i) assist State and local governments, local public agencies, community-based organizations, nonprofit organizations, and private entities, including charitable and faith-based organizations in coordinating their activities relating to recruitment of foster parents and adoptive parents and the provision of post-placement support to foster families and adoptive families; (ii) design and provide technical assistance and training for grantees and identify and disseminate to grantees best practices for recruiting and training prospective foster and adoptive parents and providing post-placement support to foster families and adoptive families; (iii) collect information on the effectiveness of the programs funded under section 479B, including the number of children placed under the programs, the number of foster parents and adoptive parents recruited under such programs, and such other data as the Secretary requires for evaluating the effectiveness of such programs; and (iv) assist the Secretary in the preparation of the reports required by subsection (b). (B) Nationally recognized, nonprofit adoption promotion and foster parent recruitment organization described \nThe nationally recognized, nonprofit adoption promotion and foster parent recruitment organization described in this subparagraph is an organization, selected by the Secretary on a competitive basis, that— (i) has demonstrated experience in providing consultation and training to faith-based and community organizations interested in adoption promotion and foster parent recruitment; (ii) has an established national reputation in working with faith-based and community organizations to recruit and train prospective foster and adoptive parents; and (iii) has extensive experience in establishing and working with programs based on the One Church, One Child model. (2) Limitations on authorization of appropriations \nTo carry out this subsection, there are authorized to be appropriated not more than $1,000,000 for each of fiscal years 2005 through 2009. (b) Annual reports \nNot later than 1 year after the date a grant is first made under section 479B and annually thereafter, the Secretary shall prepare and submit to the Congress a report that includes the following with respect to the year involved: (1) A specification of the number of entities to which grants have been made under section 479B. (2) A specification of the number of foster parents and adoptive families recruited by the programs which have been supported with the grants. (3) A specification of the number of children placed with such foster parents and adoptive families, and the outcomes of such placements. (4) Any other information that the Secretary determines is relevant to the evaluation of the program under section 479B..", "id": "HB071EC16933144CFB3343607C58CC9B9", "header": "National clearinghouse for adoption promotion and foster parent programs; annual report to Congress", "nested": [], "links": [ { "text": "42 U.S.C. 670–679b", "legal-doc": "usc", "parsable-cite": "usc/42/670" } ] }, { "text": "479C. National clearinghouse for adoption promotion and foster parent recruitment programs; annual report to Congress \n(a) National clearinghouse for adoption promotion and foster parent recruitment programs \n(1) National clearinghouse \n(A) In general \nThe Secretary shall enter into a contract with a nationally recognized, nonprofit adoption promotion and foster parent recruitment organization described in subparagraph (B) to— (i) assist State and local governments, local public agencies, community-based organizations, nonprofit organizations, and private entities, including charitable and faith-based organizations in coordinating their activities relating to recruitment of foster parents and adoptive parents and the provision of post-placement support to foster families and adoptive families; (ii) design and provide technical assistance and training for grantees and identify and disseminate to grantees best practices for recruiting and training prospective foster and adoptive parents and providing post-placement support to foster families and adoptive families; (iii) collect information on the effectiveness of the programs funded under section 479B, including the number of children placed under the programs, the number of foster parents and adoptive parents recruited under such programs, and such other data as the Secretary requires for evaluating the effectiveness of such programs; and (iv) assist the Secretary in the preparation of the reports required by subsection (b). (B) Nationally recognized, nonprofit adoption promotion and foster parent recruitment organization described \nThe nationally recognized, nonprofit adoption promotion and foster parent recruitment organization described in this subparagraph is an organization, selected by the Secretary on a competitive basis, that— (i) has demonstrated experience in providing consultation and training to faith-based and community organizations interested in adoption promotion and foster parent recruitment; (ii) has an established national reputation in working with faith-based and community organizations to recruit and train prospective foster and adoptive parents; and (iii) has extensive experience in establishing and working with programs based on the One Church, One Child model. (2) Limitations on authorization of appropriations \nTo carry out this subsection, there are authorized to be appropriated not more than $1,000,000 for each of fiscal years 2005 through 2009. (b) Annual reports \nNot later than 1 year after the date a grant is first made under section 479B and annually thereafter, the Secretary shall prepare and submit to the Congress a report that includes the following with respect to the year involved: (1) A specification of the number of entities to which grants have been made under section 479B. (2) A specification of the number of foster parents and adoptive families recruited by the programs which have been supported with the grants. (3) A specification of the number of children placed with such foster parents and adoptive families, and the outcomes of such placements. (4) Any other information that the Secretary determines is relevant to the evaluation of the program under section 479B.", "id": "H8EA4BDFE1B0542799BA0B2B04DBBBA76", "header": "National clearinghouse for adoption promotion and foster parent recruitment programs; annual report to Congress", "nested": [ { "text": "(a) National clearinghouse for adoption promotion and foster parent recruitment programs \n(1) National clearinghouse \n(A) In general \nThe Secretary shall enter into a contract with a nationally recognized, nonprofit adoption promotion and foster parent recruitment organization described in subparagraph (B) to— (i) assist State and local governments, local public agencies, community-based organizations, nonprofit organizations, and private entities, including charitable and faith-based organizations in coordinating their activities relating to recruitment of foster parents and adoptive parents and the provision of post-placement support to foster families and adoptive families; (ii) design and provide technical assistance and training for grantees and identify and disseminate to grantees best practices for recruiting and training prospective foster and adoptive parents and providing post-placement support to foster families and adoptive families; (iii) collect information on the effectiveness of the programs funded under section 479B, including the number of children placed under the programs, the number of foster parents and adoptive parents recruited under such programs, and such other data as the Secretary requires for evaluating the effectiveness of such programs; and (iv) assist the Secretary in the preparation of the reports required by subsection (b). (B) Nationally recognized, nonprofit adoption promotion and foster parent recruitment organization described \nThe nationally recognized, nonprofit adoption promotion and foster parent recruitment organization described in this subparagraph is an organization, selected by the Secretary on a competitive basis, that— (i) has demonstrated experience in providing consultation and training to faith-based and community organizations interested in adoption promotion and foster parent recruitment; (ii) has an established national reputation in working with faith-based and community organizations to recruit and train prospective foster and adoptive parents; and (iii) has extensive experience in establishing and working with programs based on the One Church, One Child model. (2) Limitations on authorization of appropriations \nTo carry out this subsection, there are authorized to be appropriated not more than $1,000,000 for each of fiscal years 2005 through 2009.", "id": "HA02F088C6F5E4EA3BE1306316F0066C9", "header": "National clearinghouse for adoption promotion and foster parent recruitment programs", "nested": [], "links": [] }, { "text": "(b) Annual reports \nNot later than 1 year after the date a grant is first made under section 479B and annually thereafter, the Secretary shall prepare and submit to the Congress a report that includes the following with respect to the year involved: (1) A specification of the number of entities to which grants have been made under section 479B. (2) A specification of the number of foster parents and adoptive families recruited by the programs which have been supported with the grants. (3) A specification of the number of children placed with such foster parents and adoptive families, and the outcomes of such placements. (4) Any other information that the Secretary determines is relevant to the evaluation of the program under section 479B.", "id": "H0C46AD662908450CBDFC8DFCADB2098", "header": "Annual reports", "nested": [], "links": [] } ], "links": [] } ]

[ "Ways and Means Committee" ]

[ { "text": "1. Findings \nCongress finds as follows: (1) Congress supports the goals of Indian self-determination and economic development. (2) Congress supports the efforts of Indian tribes to promote their economic development efforts, wherever possible, in cooperation with State and local governments and others. (3) The Puyallup tribe, a signatory to the 1854 Treaty of Medicine Creek, has a reservation in Washington State. (4) The Puyallup tribe, which operates gaming facilities pursuant to a compact with the State of Washington, is a significant source of jobs in the area of Tacoma, Washington. (5) The Port of Tacoma is an independent, municipal corporation that operates under State enabling legislation. (6) The Port of Tacoma is also a significant source of jobs in the area of Tacoma, Washington. (7) The Port of Tacoma is in the process of expanding its operations to provide greater economic opportunities for the City of Tacoma, Pierce County, and the State of Washington. (8) The Port of Tacoma’s expansion requires the closure of the primary access road for one of the Puyallup tribe’s gaming operations. Without this access road, the Puyallup tribe’s gaming facility will no longer be economically viable at its current location. To avoid economic dislocation, including for the employees of the current facility, the Puyallup tribe has identified land on the Puyallup Reservation that would provide a suitable substitute location for its gaming facility. (9) The Puyallup tribe, as a result of the Port of Tacoma’s road closure, seeks to have certain land taken into trust within its reservation. (10) The Puyallup tribe has worked closely and cooperatively with all affected entities, and the State of Washington, Pierce County, the City of Tacoma, the City of Fife, and the Port of Tacoma all support the Puyallup tribe in connection with this trust land acquisition.", "id": "H3CAA3414241D4D28A600C3BC12070134", "header": "Findings", "nested": [], "links": [] }, { "text": "2. Trust land acquisition \nThe Secretary shall accept the conveyance of and take into trust for the benefit of the Puyallup Tribe the following land located within the Puyallup Reservation: (1) Approximately 10.5 acres in Fife, Washington, consisting of the following parcels: Tax parcel number 0420076005 described as follows: LOT A OF DBLR 95-08-15-0496 DESC AS BEG AT NE COR OF L 1 OF S P 89-08-08-0412 TH S ALG W MAR OF 58TH AVE E 550.08 FT TO N MAR OF FIFE I-5 OFFRAMP TH S 87 DEG 37 MIN 15 SEC W 175.32 FT TH N 86 DEG 40 MIN 15 SEC W 150.7 FT TH N 03 DEG 19 MIN 45 SEC E 15 FT TH ALG C TO R CENTER BEARS N 03 DEG 19 MIN 45 SEC E 319.3 FT DIST THRU CENTRL ANGLE OF 26 DEG 01 MIN 10 SEC ARC DIST OF 145 FT TH N 29 DEG 20 MIN 53 SEC E 15 FT TH N 60 DEG 39 MIN 07 SEC W 12 FT TH S 31 DEG 32 MIN 17 SEC W 4.76 FT TH NWLY ALG C TO R CENTER BEARS N 31 DEG 36 MIN 19 SEC E 309.3 FT DIST THRU CENTRAL ANGLE OF 06 DEG 11 MIN 11 SEC ARC DIST OF 33.4 FT TH N 52 DEG 12 MIN 30 SEC W 103.2 FT TH N 00 DEG 25 MIN 25 SEC E 77.11 FT TH S 89 DEG 53 MIN 30 SEC E 193.43 FT TH N 00 DEG 25 MIN 25 SEC E 320 FT TO S MAR OF PAC HWY TH E ALG SD MAR 385 FT TO POB TOG/W EASE & RESTR OF REC OUT OF 04-20-06-3-102 & 2-116 SEG B0368JU 11/19/90BO DC5/20/96JU Tax parcel number 0420076006 described as follows: LOT B OF DBLR 95-08-15-0496 DESC AS BEG AT NE COR OF L 2 OF S P 89-08-02-0412 TH S 00 DEG 25 MIN 25 SEC W 320 FT TH N 89 DEG 53 MIN 30 SEC W 193.43 FT TH S 00 DEG 25 MIN 25 SEC W 77.11 FT TH S 52 DEG 12 MIN 30 SEC E 103.2 FT TH SELY ALG C TO L CENTER BEARS N 37 DEG 47 MIN 30 SEC E 309.3 FT DIST THRU CENTRAL ANGLE OF 06 DEG 11 MIN 11 SEC ARC DIST OF 33.4 FT TH N 31 DEG 32 MIN 17 SEC E 4.76 FT TH S 60 DEG 39 MIN 07 SEC E 12 FT TH S 29 DEG 20 MIN 53 SEC W 15 FT TO NLY MAR OF FIFE I-5 OFFRAMP TH NWLY ALG C TO R CENTER BEARS N 29 DEG 20 MIN 53 SEC E 319.3 FT DIST THRU CENTRAL ANGLE OF 47.05 FT TH N 52 DEG 12 MIN 30 SEC W 108.15 FT TH N 00 DEG 25 MIN 25 SEC E 402 FT TO S MAR OF PACIFIC HWY TH E ALG SD MAR 203.43 FT TO POB TOG/W EASE & RESTRICTIONS OF REC OUT OF 04-20-06-3-102 SEG B0368JU 11/19/90BO DC5/20/96JU Tax parcel number 0420076007 described as follows: L 3 OF S P 89-08-02-0412 TOG/W EASE & RESTRICTIONS OF REC OUT OF 04-20-06-3-102 & 2-116 SEG B0368JU 11/19/90BO Tax parcel number 0420076008 described as follows: Section 07 Township 20 Range 04 Quarter 23 : L 4 OF S P 89-08-02-0412 EXC THAT POR CYD TO STATE OF WASH PER ETN 842928 TOG/W FOLL DESC PROP COM AT HES AL26 6+38.0 POT ON AL26 LI SURVEY OF SR 5 TAC TO KING CTY LI TH S 88 DEG 54 MIN 30 SEC E 95 FT TO POB TH S 01 DEG 05 MIN 30 SEC W 87.4 FT TH WLY TO A PT OPP HES AL26 5+50.6 POT ON SD AL26 LI SURVEY & 75 FT ELY THEREFROM TH NWLY TO A PT OPP AL26 5+80.6 ON SD LI SURVEY & 55 FT ELY THEREFROM TH NLY PAR/W SD LI SURVEY TO N LI OF GOVT LOT 1 TH N 88 DEG 54 MIN 30 SEC E TO POB TOG/W EASE & RESTR OF REC OUT OF 04-20-06-3-102 8JU SEG B-0368JU 11-19-90BO DC9967JU02-11-94CL (2) An area of up to approximately 20 acres located within the Puyallup Indian Reservation in Tacoma, Washington, and abutting other trust land of the Puyallup tribe consisting of the following parcels: Any of the lots acquired by the Puyallup tribe located in Blocks 7846, 7850, 7945, 7946, 7949, 7950, 8045, or 8049 in the Indian Addition to the City of Tacoma.", "id": "H20589B2856454CAC84AA9B43B986D9C", "header": "Trust land acquisition", "nested": [], "links": [] } ]

[ "Natural Resources Committee" ]

[ { "text": "1. Credit for installation of hydrogen fueling stations \n(a) In general \nSubpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to foreign tax credit, etc.) is amended by adding at the end the following new section: 30B. Hydrogen-powered vehicle refueling property credit \n(a) Credit allowed \nThere shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 50 percent of the amount paid or incurred by the taxpayer during the taxable year for the qualified hydrogen-powered vehicle refueling property and the installation thereof. (b) Year credit allowed \nThe credit allowed under subsection (a) shall be allowed in the taxable year in which the qualified hydrogen-powered vehicle refueling property is placed in service by the taxpayer. (c) Definition of qualified hydrogen-powered vehicle refueling property \nThe term qualified hydrogen-powered vehicle refueling property means any property (not including a building and its structural components) if— (1) such property is of a character subject to the allowance for depreciation, (2) the original use of such property begins with the taxpayer, and (3) such property is for the production, storage or dispensing of hydrogen fuel into the fuel tank of a motor vehicle propelled by such fuel. (d) Application with other credits \nThe credit allowed under subsection (a) for any taxable year shall not exceed the excess (if any) of— (1) the regular tax for the taxable year reduced by the sum of the credits allowable under subpart A and sections 27, 29, 30, and 30A, over (2) the tentative minimum tax for the taxable year. (e) Basis reduction \nFor purposes of this title, the basis of any property shall be reduced by the portion of the cost of such property taken into account under subsection (a). (f) No double benefit \nNo deduction shall be allowed under section 179A with respect to any property with respect to which a credit is allowed under subsection (a). (g) Carryforward allowed \n(1) In general \nIf the credit amount allowable under subsection (a) for a taxable year exceeds the amount of the limitation under subsection (d) for such taxable year (referred to as the unused credit year in this subsection), such excess shall be allowed as a credit carryforward for each of the 20 taxable years following the unused credit year. (2) Rules \nRules similar to the rules of section 39 shall apply with respect to the credit carryforward under paragraph (1). (h) Special rules \nRules similar to the rules of paragraphs (4) and (5) of section 179A(e) shall apply. (i) Regulations \nThe Secretary shall prescribe such regulations as necessary to carry out the provisions of this section. (j) Termination \nThis section shall not apply to any property placed in service after December 31, 2013.. (b) Conforming amendments \n(1) Section 1016(a) of such Code is amended by striking and at the end of paragraph (27), by striking the period at the end of paragraph (28) and inserting , and , and by adding at the end the following new paragraph: (29) to the extent provided in section 30B(e).. (2) Section 55(c)(2) of such Code is amended by inserting 30B(d), after 30(b)(3),. (3) The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 30A the following new item: Sec. 30B. Hydrogen-powered vehicle refueling property credit. (c) Effective date \nThe amendments made by this section shall apply to property placed in service in taxable years beginning after the date of the enactment of this Act.", "id": "H2A1215DA3437408F80CA687D9BB665B3", "header": "Credit for installation of hydrogen fueling stations", "nested": [ { "text": "(a) In general \nSubpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to foreign tax credit, etc.) is amended by adding at the end the following new section: 30B. Hydrogen-powered vehicle refueling property credit \n(a) Credit allowed \nThere shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 50 percent of the amount paid or incurred by the taxpayer during the taxable year for the qualified hydrogen-powered vehicle refueling property and the installation thereof. (b) Year credit allowed \nThe credit allowed under subsection (a) shall be allowed in the taxable year in which the qualified hydrogen-powered vehicle refueling property is placed in service by the taxpayer. (c) Definition of qualified hydrogen-powered vehicle refueling property \nThe term qualified hydrogen-powered vehicle refueling property means any property (not including a building and its structural components) if— (1) such property is of a character subject to the allowance for depreciation, (2) the original use of such property begins with the taxpayer, and (3) such property is for the production, storage or dispensing of hydrogen fuel into the fuel tank of a motor vehicle propelled by such fuel. (d) Application with other credits \nThe credit allowed under subsection (a) for any taxable year shall not exceed the excess (if any) of— (1) the regular tax for the taxable year reduced by the sum of the credits allowable under subpart A and sections 27, 29, 30, and 30A, over (2) the tentative minimum tax for the taxable year. (e) Basis reduction \nFor purposes of this title, the basis of any property shall be reduced by the portion of the cost of such property taken into account under subsection (a). (f) No double benefit \nNo deduction shall be allowed under section 179A with respect to any property with respect to which a credit is allowed under subsection (a). (g) Carryforward allowed \n(1) In general \nIf the credit amount allowable under subsection (a) for a taxable year exceeds the amount of the limitation under subsection (d) for such taxable year (referred to as the unused credit year in this subsection), such excess shall be allowed as a credit carryforward for each of the 20 taxable years following the unused credit year. (2) Rules \nRules similar to the rules of section 39 shall apply with respect to the credit carryforward under paragraph (1). (h) Special rules \nRules similar to the rules of paragraphs (4) and (5) of section 179A(e) shall apply. (i) Regulations \nThe Secretary shall prescribe such regulations as necessary to carry out the provisions of this section. (j) Termination \nThis section shall not apply to any property placed in service after December 31, 2013..", "id": "H710A5054503F4119AF48E2E4EE76CF1E", "header": "In general", "nested": [], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" } ] }, { "text": "(b) Conforming amendments \n(1) Section 1016(a) of such Code is amended by striking and at the end of paragraph (27), by striking the period at the end of paragraph (28) and inserting , and , and by adding at the end the following new paragraph: (29) to the extent provided in section 30B(e).. (2) Section 55(c)(2) of such Code is amended by inserting 30B(d), after 30(b)(3),. (3) The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 30A the following new item: Sec. 30B. Hydrogen-powered vehicle refueling property credit.", "id": "H7D24B194419749E5A8C7F8F25B4F9300", "header": "Conforming amendments", "nested": [], "links": [] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply to property placed in service in taxable years beginning after the date of the enactment of this Act.", "id": "H5A304C8EE1494180939C6D6011D391C", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" } ] }, { "text": "30B. Hydrogen-powered vehicle refueling property credit \n(a) Credit allowed \nThere shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 50 percent of the amount paid or incurred by the taxpayer during the taxable year for the qualified hydrogen-powered vehicle refueling property and the installation thereof. (b) Year credit allowed \nThe credit allowed under subsection (a) shall be allowed in the taxable year in which the qualified hydrogen-powered vehicle refueling property is placed in service by the taxpayer. (c) Definition of qualified hydrogen-powered vehicle refueling property \nThe term qualified hydrogen-powered vehicle refueling property means any property (not including a building and its structural components) if— (1) such property is of a character subject to the allowance for depreciation, (2) the original use of such property begins with the taxpayer, and (3) such property is for the production, storage or dispensing of hydrogen fuel into the fuel tank of a motor vehicle propelled by such fuel. (d) Application with other credits \nThe credit allowed under subsection (a) for any taxable year shall not exceed the excess (if any) of— (1) the regular tax for the taxable year reduced by the sum of the credits allowable under subpart A and sections 27, 29, 30, and 30A, over (2) the tentative minimum tax for the taxable year. (e) Basis reduction \nFor purposes of this title, the basis of any property shall be reduced by the portion of the cost of such property taken into account under subsection (a). (f) No double benefit \nNo deduction shall be allowed under section 179A with respect to any property with respect to which a credit is allowed under subsection (a). (g) Carryforward allowed \n(1) In general \nIf the credit amount allowable under subsection (a) for a taxable year exceeds the amount of the limitation under subsection (d) for such taxable year (referred to as the unused credit year in this subsection), such excess shall be allowed as a credit carryforward for each of the 20 taxable years following the unused credit year. (2) Rules \nRules similar to the rules of section 39 shall apply with respect to the credit carryforward under paragraph (1). (h) Special rules \nRules similar to the rules of paragraphs (4) and (5) of section 179A(e) shall apply. (i) Regulations \nThe Secretary shall prescribe such regulations as necessary to carry out the provisions of this section. (j) Termination \nThis section shall not apply to any property placed in service after December 31, 2013.", "id": "H2D17029013E9470FA08B0943BCA2C675", "header": "Hydrogen-powered vehicle refueling property credit", "nested": [ { "text": "(a) Credit allowed \nThere shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 50 percent of the amount paid or incurred by the taxpayer during the taxable year for the qualified hydrogen-powered vehicle refueling property and the installation thereof.", "id": "H46C3B14558E94084A64267BFFBFB2A6", "header": "Credit allowed", "nested": [], "links": [] }, { "text": "(b) Year credit allowed \nThe credit allowed under subsection (a) shall be allowed in the taxable year in which the qualified hydrogen-powered vehicle refueling property is placed in service by the taxpayer.", "id": "HB3D9F26F189240708E80094E3E64D7F0", "header": "Year credit allowed", "nested": [], "links": [] }, { "text": "(c) Definition of qualified hydrogen-powered vehicle refueling property \nThe term qualified hydrogen-powered vehicle refueling property means any property (not including a building and its structural components) if— (1) such property is of a character subject to the allowance for depreciation, (2) the original use of such property begins with the taxpayer, and (3) such property is for the production, storage or dispensing of hydrogen fuel into the fuel tank of a motor vehicle propelled by such fuel.", "id": "H912572A2A3EB489099834756A300089D", "header": "Definition of qualified hydrogen-powered vehicle refueling property", "nested": [], "links": [] }, { "text": "(d) Application with other credits \nThe credit allowed under subsection (a) for any taxable year shall not exceed the excess (if any) of— (1) the regular tax for the taxable year reduced by the sum of the credits allowable under subpart A and sections 27, 29, 30, and 30A, over (2) the tentative minimum tax for the taxable year.", "id": "H785F201A9E2E4B2897F875AE4D8004E9", "header": "Application with other credits", "nested": [], "links": [] }, { "text": "(e) Basis reduction \nFor purposes of this title, the basis of any property shall be reduced by the portion of the cost of such property taken into account under subsection (a).", "id": "H629B1DC3CB904FEB803FE6E50000ADBF", "header": "Basis reduction", "nested": [], "links": [] }, { "text": "(f) No double benefit \nNo deduction shall be allowed under section 179A with respect to any property with respect to which a credit is allowed under subsection (a).", "id": "H23B34842EB7A45C0BE18947BFCDA2CB3", "header": "No double benefit", "nested": [], "links": [] }, { "text": "(g) Carryforward allowed \n(1) In general \nIf the credit amount allowable under subsection (a) for a taxable year exceeds the amount of the limitation under subsection (d) for such taxable year (referred to as the unused credit year in this subsection), such excess shall be allowed as a credit carryforward for each of the 20 taxable years following the unused credit year. (2) Rules \nRules similar to the rules of section 39 shall apply with respect to the credit carryforward under paragraph (1).", "id": "HDB5EDBBDA12C42A088A61CC722EA51F8", "header": "Carryforward allowed", "nested": [], "links": [] }, { "text": "(h) Special rules \nRules similar to the rules of paragraphs (4) and (5) of section 179A(e) shall apply.", "id": "H252DEE15C45B4C8FB4D85076E624AC6E", "header": "Special rules", "nested": [], "links": [] }, { "text": "(i) Regulations \nThe Secretary shall prescribe such regulations as necessary to carry out the provisions of this section.", "id": "H773E312F3C44469AA70142F65932F5FA", "header": "Regulations", "nested": [], "links": [] }, { "text": "(j) Termination \nThis section shall not apply to any property placed in service after December 31, 2013.", "id": "H5777380D58CA4B819EFD98FEADEE00BD", "header": "Termination", "nested": [], "links": [] } ], "links": [] } ]

[ "Ways and Means Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HE08E2598FC714D98B473C7B31EDC531", "header": "Short title", "nested": [], "links": [] }, { "text": "101. Permitting the negotiation of fair prices for medicare prescription drugs on behalf of medicare beneficiaries \nSection 1860D–11 of the Social Security Act, as added by section 101(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), is amended by striking subsection (i) (relating to noninterference) and by inserting the following: (i) Authority to negotiate prices with manufacturers \nIn order to ensure that beneficiaries enrolled under prescription drug plans, MA–PD plans, and qualified retiree prescription drug plans pay the lowest possible price, the Secretary shall have authority similar to that of the Secretary of Veterans Affairs, Secretary of Defense, and the heads of other Federal agencies and departments that purchase prescription drugs in bulk to negotiate contracts with manufacturers of covered part D drugs, consistent with the requirements and in furtherance of the goals of providing quality care and containing costs under this part..", "id": "HC47115C9FF764019AD25B714779D2100", "header": "Permitting the negotiation of fair prices for medicare prescription drugs on behalf of medicare beneficiaries", "nested": [ { "text": "Section 1860D–11 of the Social Security Act, as added by section 101(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), is amended by striking subsection (i) (relating to noninterference) and by inserting the following: (i) Authority to negotiate prices with manufacturers \nIn order to ensure that beneficiaries enrolled under prescription drug plans, MA–PD plans, and qualified retiree prescription drug plans pay the lowest possible price, the Secretary shall have authority similar to that of the Secretary of Veterans Affairs, Secretary of Defense, and the heads of other Federal agencies and departments that purchase prescription drugs in bulk to negotiate contracts with manufacturers of covered part D drugs, consistent with the requirements and in furtherance of the goals of providing quality care and containing costs under this part..", "id": "HD8E606C2F6B7499BAEF5F783E726A278", "header": null, "nested": [], "links": [ { "text": "Public Law 108–173", "legal-doc": "public-law", "parsable-cite": "pl/108/173" } ] } ], "links": [ { "text": "Public Law 108–173", "legal-doc": "public-law", "parsable-cite": "pl/108/173" } ] }, { "text": "102. Elimination of gap in coverage of prescription drug benefits \n(a) In general \nSection 1860D–2(b) of the Social Security Act ( 42 U.S.C. 1395w–102(b) ), as added by section 101(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), is amended by striking paragraph (3) and inserting the following: (3) Repealed.. (b) Conforming amendments \n(1) Section 1860D–2 of the Social Security Act ( 42 U.S.C. 1395w–102 ) is amended— (A) in subsection (a)(2)(A)(i)(I), by striking , or an increase in the initial coverage limit with respect to covered part D drugs ; (B) in subsection (b)(2)(A), by striking and up to the initial coverage limit under paragraph (3) ; (C) in subsection (b)(4)(C)(i)— (i) by striking the comma after paragraph (1) and inserting and ; and (ii) by striking , and for amounts for which benefits are not provided because of the application of the initial coverage limit described in paragraph (3) ; (D) in subsection (c)(1), by striking subparagraph (C); and (E) in subsection (d)(1)(A), by striking or an initial coverage limit (described in subsection (b)(3)). (2) Section 1860D–4(a)(4)(B) of such Act ( 42 U.S.C. 1395w–104(a)(4)(B) ) is amended to read as follows: (B) when prescription drug benefits are provided under this part, a notice of the benefits in relation to the annual out-of-pocket threshold for the current year.. (3) (A) Section 1860D–14(a) of such Act ( 42 U.S.C. 1395w–114(a) ) is amended— (i) in paragraph (1), by striking subparagraph (C) and redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively; (ii) in paragraph (2), by striking subparagraph (C) and redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively; and (iii) in paragraph (4)(A) in the matter preceding clause (i), by striking paragraph (1)(D)(ii) and inserting paragraph (1)(C)(ii). (B) Section 1860D–14(c)(1) of such Act ( 42 U.S.C. 1395w–114(c)(1) ) is amended in the second sentence by striking subsections (a)(1)(D) and (a)(2)(E) and inserting subsections (a)(1)(C) and (a)(2)(D). (C) Section 1860D–15(e)(1)(B) of such Act ( 42 U.S.C. 1395w–115(e)(1)(B) ) is amended by striking paragraphs (1)(D) and (2)(E) and inserting paragraphs (1)(C) and (2)(D). (4) (A) Section 1860D–41(a)(6) of such Act ( 42 U.S.C. 1395w–151(a)(6) ) is amended by striking paragraph (6) and redesignating paragraphs (7) through (18) as paragraphs (6) through (17), respectively. (B) Section 1860D–1(a)(1)(A) of such Act ( 42 U.S.C. 1395w–101(a)(1)(A) ) is amended by striking 1860D–41(a)(14) and inserting 1860D–41(a)(13). (c) Effective date \nThe amendments made by this section shall take effect as if included in the enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public law 108–173).", "id": "H6D2A9FC279364C0896D681154FEFC724", "header": "Elimination of gap in coverage of prescription drug benefits", "nested": [ { "text": "(a) In general \nSection 1860D–2(b) of the Social Security Act ( 42 U.S.C. 1395w–102(b) ), as added by section 101(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), is amended by striking paragraph (3) and inserting the following: (3) Repealed..", "id": "H59E793939DC54828BD994EC642131C5", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 1395w–102(b)", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-102" }, { "text": "Public Law 108–173", "legal-doc": "public-law", "parsable-cite": "pl/108/173" } ] }, { "text": "(b) Conforming amendments \n(1) Section 1860D–2 of the Social Security Act ( 42 U.S.C. 1395w–102 ) is amended— (A) in subsection (a)(2)(A)(i)(I), by striking , or an increase in the initial coverage limit with respect to covered part D drugs ; (B) in subsection (b)(2)(A), by striking and up to the initial coverage limit under paragraph (3) ; (C) in subsection (b)(4)(C)(i)— (i) by striking the comma after paragraph (1) and inserting and ; and (ii) by striking , and for amounts for which benefits are not provided because of the application of the initial coverage limit described in paragraph (3) ; (D) in subsection (c)(1), by striking subparagraph (C); and (E) in subsection (d)(1)(A), by striking or an initial coverage limit (described in subsection (b)(3)). (2) Section 1860D–4(a)(4)(B) of such Act ( 42 U.S.C. 1395w–104(a)(4)(B) ) is amended to read as follows: (B) when prescription drug benefits are provided under this part, a notice of the benefits in relation to the annual out-of-pocket threshold for the current year.. (3) (A) Section 1860D–14(a) of such Act ( 42 U.S.C. 1395w–114(a) ) is amended— (i) in paragraph (1), by striking subparagraph (C) and redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively; (ii) in paragraph (2), by striking subparagraph (C) and redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively; and (iii) in paragraph (4)(A) in the matter preceding clause (i), by striking paragraph (1)(D)(ii) and inserting paragraph (1)(C)(ii). (B) Section 1860D–14(c)(1) of such Act ( 42 U.S.C. 1395w–114(c)(1) ) is amended in the second sentence by striking subsections (a)(1)(D) and (a)(2)(E) and inserting subsections (a)(1)(C) and (a)(2)(D). (C) Section 1860D–15(e)(1)(B) of such Act ( 42 U.S.C. 1395w–115(e)(1)(B) ) is amended by striking paragraphs (1)(D) and (2)(E) and inserting paragraphs (1)(C) and (2)(D). (4) (A) Section 1860D–41(a)(6) of such Act ( 42 U.S.C. 1395w–151(a)(6) ) is amended by striking paragraph (6) and redesignating paragraphs (7) through (18) as paragraphs (6) through (17), respectively. (B) Section 1860D–1(a)(1)(A) of such Act ( 42 U.S.C. 1395w–101(a)(1)(A) ) is amended by striking 1860D–41(a)(14) and inserting 1860D–41(a)(13).", "id": "H7957BF0516E24C21A4ED941FB548F47", "header": "Conforming amendments", "nested": [], "links": [ { "text": "42 U.S.C. 1395w–102", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-102" }, { "text": "42 U.S.C. 1395w–104(a)(4)(B)", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-104" }, { "text": "42 U.S.C. 1395w–114(a)", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-114" }, { "text": "42 U.S.C. 1395w–114(c)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-114" }, { "text": "42 U.S.C. 1395w–115(e)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-115" }, { "text": "42 U.S.C. 1395w–151(a)(6)", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-151" }, { "text": "42 U.S.C. 1395w–101(a)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-101" } ] }, { "text": "(c) Effective date \nThe amendments made by this section shall take effect as if included in the enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public law 108–173).", "id": "H92AA840CEB734B2F88613849E2021428", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1395w–102(b)", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-102" }, { "text": "Public Law 108–173", "legal-doc": "public-law", "parsable-cite": "pl/108/173" }, { "text": "42 U.S.C. 1395w–102", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-102" }, { "text": "42 U.S.C. 1395w–104(a)(4)(B)", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-104" }, { "text": "42 U.S.C. 1395w–114(a)", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-114" }, { "text": "42 U.S.C. 1395w–114(c)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-114" }, { "text": "42 U.S.C. 1395w–115(e)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-115" }, { "text": "42 U.S.C. 1395w–151(a)(6)", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-151" }, { "text": "42 U.S.C. 1395w–101(a)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-101" } ] }, { "text": "201. Short title \nThis title may be cited as the Pharmaceutical Market Access Act of 2004.", "id": "H0BE83EE54BA34310AD52818BD4845219", "header": "Short title", "nested": [], "links": [] }, { "text": "202. Importation of prescription drugs \n(a) Nullification of certain amendments made by Public Law 108-173 \nThe Federal Food, Drug, and Cosmetic Act is amended— (1) in section 804 ( 21 U.S.C. 384 ), by amending the section to read as if section 1121(a) of Public Law 108–173 had not been enacted; (2) in section 301 ( 21 U.S.C. 331 ), by amending the section to read as if section 1121(b)(1) of Public Law 108–173 had not been enacted; and (3) in section 303 ( 21 U.S.C. 333 ), by amending the section to read as if section 1121(b)(2) of Public Law 108–173 had not been enacted. (b) Importation of prescription drugs \nSection 804 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 384 ), as amended by subsection (a)(1) of this section, is amended— (1) in subsection (a)— (A) by striking The Secretary and inserting Not later than 180 days after the date of the enactment of the , the Secretary ; and (B) by striking pharmacists and wholesalers and inserting pharmacists, wholesalers, and qualifying individuals ; (2) in subsection (b)— (A) by amending paragraph (1) to read as follows: (1) require that each covered product imported pursuant to such subsection complies with sections 501, 502, and 505, and other applicable requirements of this Act; and ; (B) in paragraph (2), by striking , including subsection (d); and and inserting a period; and (C) by striking paragraph (3); (3) in subsection (c), by inserting by pharmacists and wholesalers (but not qualifying individuals) after importation of covered products ; (4) in subsection (d)— (A) by striking paragraphs (3) and (10); (B) in paragraph (5), by striking , including the professional license number of the importer, if any ; (C) in paragraph (6)— (i) in subparagraph (C), by inserting (if required under subsection (e)) before the period; (ii) in subparagraph (D), by inserting (if required under subsection (e)) before the period; and (iii) in subparagraph (E), by striking labeling ; (D) in paragraph (7)— (i) in subparagraph (A), by inserting (if required under subsection (e)) before the period; and (ii) by amending subparagraph (B) to read as follows: (B) Certification from the importer or manufacturer of such product that the product meets all requirements of this Act. ; and (E) by redesignating paragraphs (4) through (9) as paragraphs (3) through (8), respectively; (5) by amending subsection (e) to read as follows: (e) Testing \n(1) In general \nSubject to paragraph (2), regulations under subsection (a) shall require that testing referred to in paragraphs (5) through (7) of subsection (d) be conducted by the importer of the covered product, unless the covered product is a prescription drug subject to the requirements of section 505C for counterfeit-resistant technologies. (2) Exception \nThe testing requirements of paragraphs (5) through (7) of subsection (d) shall not apply to an importer unless the importer is a wholesaler. ; (6) in subsection (f), by striking or designated by the Secretary, subject to such limitations as the Secretary determines to be appropriate to protect the public health ; (7) in subsection (g)— (A) by striking counterfeit or ; and (B) by striking and the Secretary determines that the public is adequately protected from counterfeit and violative covered products being imported pursuant to subsection (a) ; (8) in subsection (i)(1)— (A) by amending subparagraph (A) to read as follows: (A) In general \nThe Secretary shall conduct, or contract with an entity to conduct, a study on the imports permitted pursuant to subsection (a), including consideration of the information received under subsection (d). In conducting such study, the Secretary or entity shall evaluate the compliance of importers with regulations under subsection (a), and the incidence of shipments pursuant to such subsection, if any, that have been determined to be misbranded or adulterated, and determine how such compliance contrasts with the incidence of shipments of prescription drugs transported within the United States that have been determined to be misbranded or adulterated. ; and (B) in subparagraph (B), by striking Not later than 2 years after the effective date of final regulations under subsection (a), and inserting Not later than 18 months after the date of the enactment of the , ; (9) in subsection (k)(2)— (A) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and (B) by inserting after subparagraph (C) the following: (D) The term qualifying individual means an individual who is not a pharmacist or a wholesaler. ; and (10) by striking subsections (l) and (m).", "id": "H8299F4EB384746CBBC4BCCFA2198EC78", "header": "Importation of prescription drugs", "nested": [ { "text": "(a) Nullification of certain amendments made by Public Law 108-173 \nThe Federal Food, Drug, and Cosmetic Act is amended— (1) in section 804 ( 21 U.S.C. 384 ), by amending the section to read as if section 1121(a) of Public Law 108–173 had not been enacted; (2) in section 301 ( 21 U.S.C. 331 ), by amending the section to read as if section 1121(b)(1) of Public Law 108–173 had not been enacted; and (3) in section 303 ( 21 U.S.C. 333 ), by amending the section to read as if section 1121(b)(2) of Public Law 108–173 had not been enacted.", "id": "HD895F0302C2842209D4137BE8B45A9F1", "header": "Nullification of certain amendments made by Public Law 108-173", "nested": [], "links": [ { "text": "21 U.S.C. 384", "legal-doc": "usc", "parsable-cite": "usc/21/384" }, { "text": "Public Law 108–173", "legal-doc": "public-law", "parsable-cite": "pl/108/173" }, { "text": "21 U.S.C. 331", "legal-doc": "usc", "parsable-cite": "usc/21/331" }, { "text": "Public Law 108–173", "legal-doc": "public-law", "parsable-cite": "pl/108/173" }, { "text": "21 U.S.C. 333", "legal-doc": "usc", "parsable-cite": "usc/21/333" }, { "text": "Public Law 108–173", "legal-doc": "public-law", "parsable-cite": "pl/108/173" } ] }, { "text": "(b) Importation of prescription drugs \nSection 804 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 384 ), as amended by subsection (a)(1) of this section, is amended— (1) in subsection (a)— (A) by striking The Secretary and inserting Not later than 180 days after the date of the enactment of the , the Secretary ; and (B) by striking pharmacists and wholesalers and inserting pharmacists, wholesalers, and qualifying individuals ; (2) in subsection (b)— (A) by amending paragraph (1) to read as follows: (1) require that each covered product imported pursuant to such subsection complies with sections 501, 502, and 505, and other applicable requirements of this Act; and ; (B) in paragraph (2), by striking , including subsection (d); and and inserting a period; and (C) by striking paragraph (3); (3) in subsection (c), by inserting by pharmacists and wholesalers (but not qualifying individuals) after importation of covered products ; (4) in subsection (d)— (A) by striking paragraphs (3) and (10); (B) in paragraph (5), by striking , including the professional license number of the importer, if any ; (C) in paragraph (6)— (i) in subparagraph (C), by inserting (if required under subsection (e)) before the period; (ii) in subparagraph (D), by inserting (if required under subsection (e)) before the period; and (iii) in subparagraph (E), by striking labeling ; (D) in paragraph (7)— (i) in subparagraph (A), by inserting (if required under subsection (e)) before the period; and (ii) by amending subparagraph (B) to read as follows: (B) Certification from the importer or manufacturer of such product that the product meets all requirements of this Act. ; and (E) by redesignating paragraphs (4) through (9) as paragraphs (3) through (8), respectively; (5) by amending subsection (e) to read as follows: (e) Testing \n(1) In general \nSubject to paragraph (2), regulations under subsection (a) shall require that testing referred to in paragraphs (5) through (7) of subsection (d) be conducted by the importer of the covered product, unless the covered product is a prescription drug subject to the requirements of section 505C for counterfeit-resistant technologies. (2) Exception \nThe testing requirements of paragraphs (5) through (7) of subsection (d) shall not apply to an importer unless the importer is a wholesaler. ; (6) in subsection (f), by striking or designated by the Secretary, subject to such limitations as the Secretary determines to be appropriate to protect the public health ; (7) in subsection (g)— (A) by striking counterfeit or ; and (B) by striking and the Secretary determines that the public is adequately protected from counterfeit and violative covered products being imported pursuant to subsection (a) ; (8) in subsection (i)(1)— (A) by amending subparagraph (A) to read as follows: (A) In general \nThe Secretary shall conduct, or contract with an entity to conduct, a study on the imports permitted pursuant to subsection (a), including consideration of the information received under subsection (d). In conducting such study, the Secretary or entity shall evaluate the compliance of importers with regulations under subsection (a), and the incidence of shipments pursuant to such subsection, if any, that have been determined to be misbranded or adulterated, and determine how such compliance contrasts with the incidence of shipments of prescription drugs transported within the United States that have been determined to be misbranded or adulterated. ; and (B) in subparagraph (B), by striking Not later than 2 years after the effective date of final regulations under subsection (a), and inserting Not later than 18 months after the date of the enactment of the , ; (9) in subsection (k)(2)— (A) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and (B) by inserting after subparagraph (C) the following: (D) The term qualifying individual means an individual who is not a pharmacist or a wholesaler. ; and (10) by striking subsections (l) and (m).", "id": "HA1DBC8BDBEAE420E9706236EB7FF3EC4", "header": "Importation of prescription drugs", "nested": [], "links": [ { "text": "21 U.S.C. 384", "legal-doc": "usc", "parsable-cite": "usc/21/384" } ] } ], "links": [ { "text": "21 U.S.C. 384", "legal-doc": "usc", "parsable-cite": "usc/21/384" }, { "text": "Public Law 108–173", "legal-doc": "public-law", "parsable-cite": "pl/108/173" }, { "text": "21 U.S.C. 331", "legal-doc": "usc", "parsable-cite": "usc/21/331" }, { "text": "Public Law 108–173", "legal-doc": "public-law", "parsable-cite": "pl/108/173" }, { "text": "21 U.S.C. 333", "legal-doc": "usc", "parsable-cite": "usc/21/333" }, { "text": "Public Law 108–173", "legal-doc": "public-law", "parsable-cite": "pl/108/173" }, { "text": "21 U.S.C. 384", "legal-doc": "usc", "parsable-cite": "usc/21/384" } ] }, { "text": "203. Use of counterfeit-resistant technologies to prevent counterfeiting \n(a) Misbranding \nSection 502 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 352 ; deeming drugs and devices to be misbranded) is amended by adding at the end the following: (w) If it is a drug subject to section 503(b), unless the packaging of such drug complies with the requirements of section 505C for counterfeit-resistant technologies.. (b) Requirements \nTitle V of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 351 et seq. ) is amended by inserting after section 505B the following: 505C. Counterfeit-resistant technologies \n(a) Incorporation of counterfeit-resistant technologies into prescription drug packaging \nThe Secretary shall require that the packaging of any drug subject to section 503(b) incorporate— (1) overt optically variable counterfeit-resistant technologies that are described in subsection (b) and comply with the standards of subsection (c); or (2) technologies that have an equivalent function of security, as determined by the Secretary. (b) Eligible technologies \nTechnologies described in this subsection— (1) shall be visible to the naked eye, providing for visual identification of product authenticity without the need for readers, microscopes, lighting devices, or scanners; (2) shall be similar to that used by the Bureau of Engraving and Printing to secure United States currency; (3) shall be manufactured and distributed in a highly secure, tightly controlled environment; and (4) should incorporate additional layers of non-visible covert security features up to and including forensic capability. (c) Standards for packaging \n(1) Multiple elements \nFor the purpose of making it more difficult to counterfeit the packaging of drugs subject to section 503(b), manufacturers of the drugs shall incorporate the technologies described in subsection (b) into multiple elements of the physical packaging of the drugs, including blister packs, shrink wrap, package labels, package seals, bottles, and boxes. (2) Labeling of shipping container \nShipments of drugs described in subsection (a) shall include a label on the shipping container that incorporates the technologies described in subsection (b), so that officials inspecting the packages will be able to determine the authenticity of the shipment. Chain of custody procedures shall apply to such labels and shall include procedures applicable to contractual agreements for the use and distribution of the labels, methods to audit the use of the labels, and database access for the relevant governmental agencies for audit or verification of the use and distribution of the labels..", "id": "H03561B3E0E6C4E8C95E7EE0084A3EF34", "header": "Use of counterfeit-resistant technologies to prevent counterfeiting", "nested": [ { "text": "(a) Misbranding \nSection 502 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 352 ; deeming drugs and devices to be misbranded) is amended by adding at the end the following: (w) If it is a drug subject to section 503(b), unless the packaging of such drug complies with the requirements of section 505C for counterfeit-resistant technologies..", "id": "H832A233B6D9C475DA87311A9AAC12CCF", "header": "Misbranding", "nested": [], "links": [ { "text": "21 U.S.C. 352", "legal-doc": "usc", "parsable-cite": "usc/21/352" } ] }, { "text": "(b) Requirements \nTitle V of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 351 et seq. ) is amended by inserting after section 505B the following: 505C. Counterfeit-resistant technologies \n(a) Incorporation of counterfeit-resistant technologies into prescription drug packaging \nThe Secretary shall require that the packaging of any drug subject to section 503(b) incorporate— (1) overt optically variable counterfeit-resistant technologies that are described in subsection (b) and comply with the standards of subsection (c); or (2) technologies that have an equivalent function of security, as determined by the Secretary. (b) Eligible technologies \nTechnologies described in this subsection— (1) shall be visible to the naked eye, providing for visual identification of product authenticity without the need for readers, microscopes, lighting devices, or scanners; (2) shall be similar to that used by the Bureau of Engraving and Printing to secure United States currency; (3) shall be manufactured and distributed in a highly secure, tightly controlled environment; and (4) should incorporate additional layers of non-visible covert security features up to and including forensic capability. (c) Standards for packaging \n(1) Multiple elements \nFor the purpose of making it more difficult to counterfeit the packaging of drugs subject to section 503(b), manufacturers of the drugs shall incorporate the technologies described in subsection (b) into multiple elements of the physical packaging of the drugs, including blister packs, shrink wrap, package labels, package seals, bottles, and boxes. (2) Labeling of shipping container \nShipments of drugs described in subsection (a) shall include a label on the shipping container that incorporates the technologies described in subsection (b), so that officials inspecting the packages will be able to determine the authenticity of the shipment. Chain of custody procedures shall apply to such labels and shall include procedures applicable to contractual agreements for the use and distribution of the labels, methods to audit the use of the labels, and database access for the relevant governmental agencies for audit or verification of the use and distribution of the labels..", "id": "H5F3AA80CB27A4BB0AA6CE700F688E679", "header": "Requirements", "nested": [], "links": [ { "text": "21 U.S.C. 351 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/351" } ] } ], "links": [ { "text": "21 U.S.C. 352", "legal-doc": "usc", "parsable-cite": "usc/21/352" }, { "text": "21 U.S.C. 351 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/351" } ] }, { "text": "505C. Counterfeit-resistant technologies \n(a) Incorporation of counterfeit-resistant technologies into prescription drug packaging \nThe Secretary shall require that the packaging of any drug subject to section 503(b) incorporate— (1) overt optically variable counterfeit-resistant technologies that are described in subsection (b) and comply with the standards of subsection (c); or (2) technologies that have an equivalent function of security, as determined by the Secretary. (b) Eligible technologies \nTechnologies described in this subsection— (1) shall be visible to the naked eye, providing for visual identification of product authenticity without the need for readers, microscopes, lighting devices, or scanners; (2) shall be similar to that used by the Bureau of Engraving and Printing to secure United States currency; (3) shall be manufactured and distributed in a highly secure, tightly controlled environment; and (4) should incorporate additional layers of non-visible covert security features up to and including forensic capability. (c) Standards for packaging \n(1) Multiple elements \nFor the purpose of making it more difficult to counterfeit the packaging of drugs subject to section 503(b), manufacturers of the drugs shall incorporate the technologies described in subsection (b) into multiple elements of the physical packaging of the drugs, including blister packs, shrink wrap, package labels, package seals, bottles, and boxes. (2) Labeling of shipping container \nShipments of drugs described in subsection (a) shall include a label on the shipping container that incorporates the technologies described in subsection (b), so that officials inspecting the packages will be able to determine the authenticity of the shipment. Chain of custody procedures shall apply to such labels and shall include procedures applicable to contractual agreements for the use and distribution of the labels, methods to audit the use of the labels, and database access for the relevant governmental agencies for audit or verification of the use and distribution of the labels.", "id": "H02C17A0619764011AC00B3BAA2C1F1C5", "header": "Counterfeit-resistant technologies", "nested": [ { "text": "(a) Incorporation of counterfeit-resistant technologies into prescription drug packaging \nThe Secretary shall require that the packaging of any drug subject to section 503(b) incorporate— (1) overt optically variable counterfeit-resistant technologies that are described in subsection (b) and comply with the standards of subsection (c); or (2) technologies that have an equivalent function of security, as determined by the Secretary.", "id": "H8F15492DBD1B4767B089BE03647F6CA1", "header": "Incorporation of counterfeit-resistant technologies into prescription drug packaging", "nested": [], "links": [] }, { "text": "(b) Eligible technologies \nTechnologies described in this subsection— (1) shall be visible to the naked eye, providing for visual identification of product authenticity without the need for readers, microscopes, lighting devices, or scanners; (2) shall be similar to that used by the Bureau of Engraving and Printing to secure United States currency; (3) shall be manufactured and distributed in a highly secure, tightly controlled environment; and (4) should incorporate additional layers of non-visible covert security features up to and including forensic capability.", "id": "H9E612DE6950F4228968C4177BFCD6DBC", "header": "Eligible technologies", "nested": [], "links": [] }, { "text": "(c) Standards for packaging \n(1) Multiple elements \nFor the purpose of making it more difficult to counterfeit the packaging of drugs subject to section 503(b), manufacturers of the drugs shall incorporate the technologies described in subsection (b) into multiple elements of the physical packaging of the drugs, including blister packs, shrink wrap, package labels, package seals, bottles, and boxes. (2) Labeling of shipping container \nShipments of drugs described in subsection (a) shall include a label on the shipping container that incorporates the technologies described in subsection (b), so that officials inspecting the packages will be able to determine the authenticity of the shipment. Chain of custody procedures shall apply to such labels and shall include procedures applicable to contractual agreements for the use and distribution of the labels, methods to audit the use of the labels, and database access for the relevant governmental agencies for audit or verification of the use and distribution of the labels.", "id": "H73591F7CE6FC487CBD8B411B295CDF09", "header": "Standards for packaging", "nested": [], "links": [] } ], "links": [] } ]

[ "Energy and Commerce Committee", "Ways and Means Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H0CA0F8A9FED341FBBB6DF6FB51D0285", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Specification of 2005 BRAC final selection criteria \n(a) Findings \nCongress finds the following: (1) Title XXX of the National Defense Authorization Act for Fiscal Year 2002 ( Public Law 107–107 ; 115 Stat. 1342) amended the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510 ; 10 U.S.C. 2687 note) to authorize the Secretary of Defense to conduct a round of base realignments and closures in 2005. (2) In section 2822 of the National Defense Authorization Act for Fiscal Year 2004 ( Public Law 108–136 ; 117 Stat. 1726), approved November 24, 2003, Congress required the Secretary of Defense to assess the probable threats to national security and determine the potential, prudent, surge requirements for the Armed Forces and military installations to meet those threats. Such section specifically requires the Secretary of Defense to use the determination of surge requirements in exercising the authority of the Secretary to conduct the 2005 round of base realignments and closures. (3) Section 2913 of the Defense Base Closure and Realignment Act of 1990, as added by title XXX of the National Defense Authorization Act for Fiscal Year 2002, specified the process by which the Secretary of Defense was to prepare the criteria to be used by the Secretary in making recommendations for the 2005 round of base realignments and closures and listed certain requirements the Secretary had to comply with as part of the process, including the advance publication of the proposed criteria and the solicitation and consideration of public comments. (4) In subsection (e) of such section, Congress required the Secretary of Defense to publish in the Federal Register and transmit to Congress not later than February 16, 2004, the final criteria intended to be used by the Secretary in making recommendations for the 2005 round of base realignments and closures. Pursuant to such subsection, the Secretary of Defense published the final selection criteria in the Federal Register on February 12, 2004 (69 Fed. Reg. 6948). (5) In addition to specifically reserving its right to disapprove the final selection criteria, Congress may modify or otherwise amend the criteria by Act of Congress. (b) Congressional specification of final BRAC selection criteria \nSection 2913 of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510 ; 10 U.S.C. 2687 note), as added by section 3002 of the National Defense Authorization Act for Fiscal Year 2002 ( Public Law 107–107 ; 115 Stat. 1344), is amended to read as follows: 2913. Final selection criteria for 2005 round \n(a) Final selection criteria \nThe final criteria to be used by the Secretary in making recommendations for the closure or realignment of military installations inside the United States under this part in 2005 are as follows: (1) The current and future mission requirements and the impact on operational readiness of the total force of the Department of Defense, including the impact on joint warfighting, training, readiness, and research, development, test, and evaluation of weapons systems and equipment. (2) The availability and condition of land, facilities, infrastructure, and associated air and water space (including preservation of training areas suitable for maneuver by ground, naval, or air forces throughout a diversity of climate and terrain areas, the preservation of testing ranges able to accommodate current or future military weapons systems and equipment, and the preservation of staging areas for the use of the Armed Forces in homeland defense missions) at both existing and potential receiving locations. (3) The ability to accommodate contingency, mobilization, and future total force requirements at both existing and potential receiving locations to support operations, training, maintenance, and repair. (4) Preservation of land, air, and water space, facilities, and infrastructure necessary to support training and operations of military forces determined to be surge requirements by the Secretary of Defense, as required by section 2822 of the National Defense Authorization Act for Fiscal Year 2004 ( Public Law 108–136 ; 117 Stat. 1726). (5) The extent and timing of potential costs and savings of base realignment and closure actions on the entire Federal budget, as well as the Department of Defense, including the number of years, beginning with the date of completion of the closure or realignment, for the savings to exceed the costs. Costs shall include those costs related to potential environmental restoration, waste management, and environmental compliance activities. (6) The economic impact on existing communities in the vicinity of military installations. (7) The ability of the infrastructure of both existing and potential receiving communities to support forces, missions, and personnel, including quality of living standards for members of the Armed Forces and their dependents. (8) The environmental impact on receiving locations. (b) Priority given to military value \nIn recommending military installations for closure or realignment, the Secretary shall give priority consideration to the first four criteria specified in subsection (a). (c) Relation to other 2005 round materials \nThe final selection criteria specified in subsection (a) shall be the only criteria to be used, along with the force-structure plan and infrastructure inventory referred to in section 2912, in making recommendations for the closure or realignment of military installations inside the United States under this part in 2005. (d) Relation to criteria for earlier rounds \nSection 2903(b), and the selection criteria prepared under such section, shall not apply with respect to the process of making recommendations for the closure or realignment of military installations in 2005.. (c) Conforming amendments \nThe Defense Base Closure and Realignment Act of 1990 is amended— (1) in section 2912(c)(1)(A), by striking criteria prepared under section 2913 and inserting criteria specified in section 2913 ; and (2) in section 2914(a), by striking criteria prepared by the Secretary under section 2913 and inserting criteria specified in section 2913.", "id": "HAD7394FBAB8C4CC4AFCA083F2B655C21", "header": "Specification of 2005 BRAC final selection criteria", "nested": [ { "text": "(a) Findings \nCongress finds the following: (1) Title XXX of the National Defense Authorization Act for Fiscal Year 2002 ( Public Law 107–107 ; 115 Stat. 1342) amended the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510 ; 10 U.S.C. 2687 note) to authorize the Secretary of Defense to conduct a round of base realignments and closures in 2005. (2) In section 2822 of the National Defense Authorization Act for Fiscal Year 2004 ( Public Law 108–136 ; 117 Stat. 1726), approved November 24, 2003, Congress required the Secretary of Defense to assess the probable threats to national security and determine the potential, prudent, surge requirements for the Armed Forces and military installations to meet those threats. Such section specifically requires the Secretary of Defense to use the determination of surge requirements in exercising the authority of the Secretary to conduct the 2005 round of base realignments and closures. (3) Section 2913 of the Defense Base Closure and Realignment Act of 1990, as added by title XXX of the National Defense Authorization Act for Fiscal Year 2002, specified the process by which the Secretary of Defense was to prepare the criteria to be used by the Secretary in making recommendations for the 2005 round of base realignments and closures and listed certain requirements the Secretary had to comply with as part of the process, including the advance publication of the proposed criteria and the solicitation and consideration of public comments. (4) In subsection (e) of such section, Congress required the Secretary of Defense to publish in the Federal Register and transmit to Congress not later than February 16, 2004, the final criteria intended to be used by the Secretary in making recommendations for the 2005 round of base realignments and closures. Pursuant to such subsection, the Secretary of Defense published the final selection criteria in the Federal Register on February 12, 2004 (69 Fed. Reg. 6948). (5) In addition to specifically reserving its right to disapprove the final selection criteria, Congress may modify or otherwise amend the criteria by Act of Congress.", "id": "HB462D72B1062423C95A46D142D1500C5", "header": "Findings", "nested": [], "links": [ { "text": "Public Law 107–107", "legal-doc": "public-law", "parsable-cite": "pl/107/107" }, { "text": "Public Law 101–510", "legal-doc": "public-law", "parsable-cite": "pl/101/510" }, { "text": "10 U.S.C. 2687", "legal-doc": "usc", "parsable-cite": "usc/10/2687" }, { "text": "Public Law 108–136", "legal-doc": "public-law", "parsable-cite": "pl/108/136" } ] }, { "text": "(b) Congressional specification of final BRAC selection criteria \nSection 2913 of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510 ; 10 U.S.C. 2687 note), as added by section 3002 of the National Defense Authorization Act for Fiscal Year 2002 ( Public Law 107–107 ; 115 Stat. 1344), is amended to read as follows: 2913. Final selection criteria for 2005 round \n(a) Final selection criteria \nThe final criteria to be used by the Secretary in making recommendations for the closure or realignment of military installations inside the United States under this part in 2005 are as follows: (1) The current and future mission requirements and the impact on operational readiness of the total force of the Department of Defense, including the impact on joint warfighting, training, readiness, and research, development, test, and evaluation of weapons systems and equipment. (2) The availability and condition of land, facilities, infrastructure, and associated air and water space (including preservation of training areas suitable for maneuver by ground, naval, or air forces throughout a diversity of climate and terrain areas, the preservation of testing ranges able to accommodate current or future military weapons systems and equipment, and the preservation of staging areas for the use of the Armed Forces in homeland defense missions) at both existing and potential receiving locations. (3) The ability to accommodate contingency, mobilization, and future total force requirements at both existing and potential receiving locations to support operations, training, maintenance, and repair. (4) Preservation of land, air, and water space, facilities, and infrastructure necessary to support training and operations of military forces determined to be surge requirements by the Secretary of Defense, as required by section 2822 of the National Defense Authorization Act for Fiscal Year 2004 ( Public Law 108–136 ; 117 Stat. 1726). (5) The extent and timing of potential costs and savings of base realignment and closure actions on the entire Federal budget, as well as the Department of Defense, including the number of years, beginning with the date of completion of the closure or realignment, for the savings to exceed the costs. Costs shall include those costs related to potential environmental restoration, waste management, and environmental compliance activities. (6) The economic impact on existing communities in the vicinity of military installations. (7) The ability of the infrastructure of both existing and potential receiving communities to support forces, missions, and personnel, including quality of living standards for members of the Armed Forces and their dependents. (8) The environmental impact on receiving locations. (b) Priority given to military value \nIn recommending military installations for closure or realignment, the Secretary shall give priority consideration to the first four criteria specified in subsection (a). (c) Relation to other 2005 round materials \nThe final selection criteria specified in subsection (a) shall be the only criteria to be used, along with the force-structure plan and infrastructure inventory referred to in section 2912, in making recommendations for the closure or realignment of military installations inside the United States under this part in 2005. (d) Relation to criteria for earlier rounds \nSection 2903(b), and the selection criteria prepared under such section, shall not apply with respect to the process of making recommendations for the closure or realignment of military installations in 2005..", "id": "HE8EC1E4142304122B09BBCF31F4C3AF", "header": "Congressional specification of final BRAC selection criteria", "nested": [], "links": [ { "text": "Public Law 101–510", "legal-doc": "public-law", "parsable-cite": "pl/101/510" }, { "text": "10 U.S.C. 2687", "legal-doc": "usc", "parsable-cite": "usc/10/2687" }, { "text": "Public Law 107–107", "legal-doc": "public-law", "parsable-cite": "pl/107/107" }, { "text": "Public Law 108–136", "legal-doc": "public-law", "parsable-cite": "pl/108/136" } ] }, { "text": "(c) Conforming amendments \nThe Defense Base Closure and Realignment Act of 1990 is amended— (1) in section 2912(c)(1)(A), by striking criteria prepared under section 2913 and inserting criteria specified in section 2913 ; and (2) in section 2914(a), by striking criteria prepared by the Secretary under section 2913 and inserting criteria specified in section 2913.", "id": "HB57C1BDAE05E441B9C00B3C439873D68", "header": "Conforming amendments", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 107–107", "legal-doc": "public-law", "parsable-cite": "pl/107/107" }, { "text": "Public Law 101–510", "legal-doc": "public-law", "parsable-cite": "pl/101/510" }, { "text": "10 U.S.C. 2687", "legal-doc": "usc", "parsable-cite": "usc/10/2687" }, { "text": "Public Law 108–136", "legal-doc": "public-law", "parsable-cite": "pl/108/136" }, { "text": "Public Law 101–510", "legal-doc": "public-law", "parsable-cite": "pl/101/510" }, { "text": "10 U.S.C. 2687", "legal-doc": "usc", "parsable-cite": "usc/10/2687" }, { "text": "Public Law 107–107", "legal-doc": "public-law", "parsable-cite": "pl/107/107" }, { "text": "Public Law 108–136", "legal-doc": "public-law", "parsable-cite": "pl/108/136" } ] }, { "text": "2913. Final selection criteria for 2005 round \n(a) Final selection criteria \nThe final criteria to be used by the Secretary in making recommendations for the closure or realignment of military installations inside the United States under this part in 2005 are as follows: (1) The current and future mission requirements and the impact on operational readiness of the total force of the Department of Defense, including the impact on joint warfighting, training, readiness, and research, development, test, and evaluation of weapons systems and equipment. (2) The availability and condition of land, facilities, infrastructure, and associated air and water space (including preservation of training areas suitable for maneuver by ground, naval, or air forces throughout a diversity of climate and terrain areas, the preservation of testing ranges able to accommodate current or future military weapons systems and equipment, and the preservation of staging areas for the use of the Armed Forces in homeland defense missions) at both existing and potential receiving locations. (3) The ability to accommodate contingency, mobilization, and future total force requirements at both existing and potential receiving locations to support operations, training, maintenance, and repair. (4) Preservation of land, air, and water space, facilities, and infrastructure necessary to support training and operations of military forces determined to be surge requirements by the Secretary of Defense, as required by section 2822 of the National Defense Authorization Act for Fiscal Year 2004 ( Public Law 108–136 ; 117 Stat. 1726). (5) The extent and timing of potential costs and savings of base realignment and closure actions on the entire Federal budget, as well as the Department of Defense, including the number of years, beginning with the date of completion of the closure or realignment, for the savings to exceed the costs. Costs shall include those costs related to potential environmental restoration, waste management, and environmental compliance activities. (6) The economic impact on existing communities in the vicinity of military installations. (7) The ability of the infrastructure of both existing and potential receiving communities to support forces, missions, and personnel, including quality of living standards for members of the Armed Forces and their dependents. (8) The environmental impact on receiving locations. (b) Priority given to military value \nIn recommending military installations for closure or realignment, the Secretary shall give priority consideration to the first four criteria specified in subsection (a). (c) Relation to other 2005 round materials \nThe final selection criteria specified in subsection (a) shall be the only criteria to be used, along with the force-structure plan and infrastructure inventory referred to in section 2912, in making recommendations for the closure or realignment of military installations inside the United States under this part in 2005. (d) Relation to criteria for earlier rounds \nSection 2903(b), and the selection criteria prepared under such section, shall not apply with respect to the process of making recommendations for the closure or realignment of military installations in 2005.", "id": "H92F3194905E049F600CB2900FB6BABB", "header": "Final selection criteria for 2005 round", "nested": [ { "text": "(a) Final selection criteria \nThe final criteria to be used by the Secretary in making recommendations for the closure or realignment of military installations inside the United States under this part in 2005 are as follows: (1) The current and future mission requirements and the impact on operational readiness of the total force of the Department of Defense, including the impact on joint warfighting, training, readiness, and research, development, test, and evaluation of weapons systems and equipment. (2) The availability and condition of land, facilities, infrastructure, and associated air and water space (including preservation of training areas suitable for maneuver by ground, naval, or air forces throughout a diversity of climate and terrain areas, the preservation of testing ranges able to accommodate current or future military weapons systems and equipment, and the preservation of staging areas for the use of the Armed Forces in homeland defense missions) at both existing and potential receiving locations. (3) The ability to accommodate contingency, mobilization, and future total force requirements at both existing and potential receiving locations to support operations, training, maintenance, and repair. (4) Preservation of land, air, and water space, facilities, and infrastructure necessary to support training and operations of military forces determined to be surge requirements by the Secretary of Defense, as required by section 2822 of the National Defense Authorization Act for Fiscal Year 2004 ( Public Law 108–136 ; 117 Stat. 1726). (5) The extent and timing of potential costs and savings of base realignment and closure actions on the entire Federal budget, as well as the Department of Defense, including the number of years, beginning with the date of completion of the closure or realignment, for the savings to exceed the costs. Costs shall include those costs related to potential environmental restoration, waste management, and environmental compliance activities. (6) The economic impact on existing communities in the vicinity of military installations. (7) The ability of the infrastructure of both existing and potential receiving communities to support forces, missions, and personnel, including quality of living standards for members of the Armed Forces and their dependents. (8) The environmental impact on receiving locations.", "id": "H44C83F38EC1843CCB4AA4ECA9406CF7C", "header": "Final selection criteria", "nested": [], "links": [ { "text": "Public Law 108–136", "legal-doc": "public-law", "parsable-cite": "pl/108/136" } ] }, { "text": "(b) Priority given to military value \nIn recommending military installations for closure or realignment, the Secretary shall give priority consideration to the first four criteria specified in subsection (a).", "id": "H5B9010C2C1384DD0B07110A9DF24FDBA", "header": "Priority given to military value", "nested": [], "links": [] }, { "text": "(c) Relation to other 2005 round materials \nThe final selection criteria specified in subsection (a) shall be the only criteria to be used, along with the force-structure plan and infrastructure inventory referred to in section 2912, in making recommendations for the closure or realignment of military installations inside the United States under this part in 2005.", "id": "H3675C8D46ADF4FB997F7A6FB64C45481", "header": "Relation to other 2005 round materials", "nested": [], "links": [] }, { "text": "(d) Relation to criteria for earlier rounds \nSection 2903(b), and the selection criteria prepared under such section, shall not apply with respect to the process of making recommendations for the closure or realignment of military installations in 2005.", "id": "HF5FECBB1447248BBAFBEFD3E47E00C", "header": "Relation to criteria for earlier rounds", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 108–136", "legal-doc": "public-law", "parsable-cite": "pl/108/136" } ] } ]

[ "Armed Services Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HD408B23A31564263001884475348DF30", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds the following: (1) Chemicals known as brominated flame retardants are widely used throughout the United States. To meet stringent fire standards, manufacturers add brominated flame retardants to a multitude of products, including plastics used in televisions, and foam and textiles used in furniture. (2) While flame retardants make a valuable contribution to fire safety, it is imperative to understand the potential effects on human health and the environment that their use brings. (3) Initial studies indicate that pentabrominated diphenyl ethers and octabrominated diphenyl ethers, which are subcategories of brominated flame retardants, disrupt thyroid hormone balance and contribute to a variety of developmental deficits, including low intelligence and learning disabilities in laboratory animals. (4) In particular, it is recognized that there is a high level of public concern over scientific findings of certain polybrominated diphenyl ethers in the environment and in human breast milk. Certain polybrominated diphenyl ethers have increased 40-fold in human breast milk since the 1970s. Chemicals found in breast milk are somewhat reflective of the chemicals found throughout the body of those tested, including in a fetus. (5) The American Academy of Pediatrics strongly recommends breastfeeding despite potential exposure to toxic chemicals, as breast milk helps protect infants against certain diseases and infections. In addition, several studies point to the improvement of cognitive development in children who breastfeed. (6) The State of California and several countries have phased out products containing pentabrominated diphenyl ethers and octabrominated diphenyl ethers in order to protect human health and the environment. (7) To improve the end-of-life management of articles made with polybrominated diphenyl ethers, a tracking and labeling system should be incorporated in the manufacturing, processing, and distribution of products containing pentabrominated diphenyl ethers, octabrominated diphenyl ethers, or decabrominated diphenyl ethers.", "id": "HBCBC38736F0D43BAA601F7E84357597C", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Prohibition \n(a) Amendment \nSection 15 of the Toxic Substances Control Act ( 15 U.S.C. 2614 ) is amended— (1) by striking or at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting ; or ; and (3) by adding at the end the following new paragraph: (5) manufacture, process, or distribute in commerce a product, or a flame-retarded part of a product, containing more than 1 percent of pentabrominated diphenyl ethers or octabrominated diphenyl ethers by mass.. (b) Effective date \nThe amendments made by subsection (a) shall take effect 2 years after the date of enactment of this Act.", "id": "H650C7A5874404E86AEFEB6F11CDCD8D4", "header": "Prohibition", "nested": [ { "text": "(a) Amendment \nSection 15 of the Toxic Substances Control Act ( 15 U.S.C. 2614 ) is amended— (1) by striking or at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting ; or ; and (3) by adding at the end the following new paragraph: (5) manufacture, process, or distribute in commerce a product, or a flame-retarded part of a product, containing more than 1 percent of pentabrominated diphenyl ethers or octabrominated diphenyl ethers by mass..", "id": "HBEAC65744D1A444F849B7C2F9F5B6B29", "header": "Amendment", "nested": [], "links": [ { "text": "15 U.S.C. 2614", "legal-doc": "usc", "parsable-cite": "usc/15/2614" } ] }, { "text": "(b) Effective date \nThe amendments made by subsection (a) shall take effect 2 years after the date of enactment of this Act.", "id": "H91E25CF853B74ED6A152789500D84019", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "15 U.S.C. 2614", "legal-doc": "usc", "parsable-cite": "usc/15/2614" } ] }, { "text": "4. Regulation \nSection 6 of the Toxic Substances Control Act ( 15 U.S.C. 2605 ) is amended by adding at the end the following new subsection: (f) Polybrominated diphenyl ethers \n(1) Determination and identification of precursors \nThe Administrator shall determine whether pentabrominated diphenyl ethers or octabrominated diphenyl ethers are formed in the environment as a result of chemical degradation of any other material, and shall identify any such precursors that are found to exist. (2) Phase out \nIf the Administrator identifies any precursor under paragraph (1), the Administrator shall take appropriate actions under this section or section 5 to ensure that products and processes that introduce such precursor into the environment are phased out within 3 years after the date of enactment of this subsection, unless the Administrator finds that to do so would endanger human health and the environment. (3) Labeling requirement \nNot later than 1 year after the date of enactment of this subsection, the Administrator shall issue regulations requiring any product containing pentabrominated diphenyl ethers, octabrominated diphenyl ethers, or decabrominated diphenyl ethers, that is manufactured 18 months or more after the date of enactment of this subsection to bear a label that meets— (A) the requirements of standard ISO 11469, subsection 1043-4, established by the International Organization for Standardization, as in effect on the date of enactment of this subsection, including subsequent revisions thereto that have been certified by the Administrator; or (B) alternative requirements that the Administrator certifies convey the same information as is required under subparagraph (A)..", "id": "H35331E05D06E4AEAB1332138F53975B6", "header": "Regulation", "nested": [], "links": [ { "text": "15 U.S.C. 2605", "legal-doc": "usc", "parsable-cite": "usc/15/2605" } ] } ]

[ "Energy and Commerce Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Health Insurance Affordability Act of 2004.", "id": "H354209C9645249F3930774DD62DC001F", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Deduction for qualified health insurance costs of individuals \n(a) In general \nPart VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions) is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: 224. Costs of qualified health insurance \n(a) In general \nIn the case of an individual, there shall be allowed as a deduction an amount equal to the amount paid during the taxable year for coverage for the taxpayer, his spouse, and dependents under qualified health insurance. (b) Qualified health insurance \nFor purposes of this section, the term qualified health insurance means insurance which constitutes medical care; except that such term shall not include any insurance if substantially all of its coverage is of excepted benefits described in section 9832(c). (c) Special rules \n(1) Coordination with medical deduction, etc \nAny amount paid by a taxpayer for insurance to which subsection (a) applies shall not be taken into account in computing the amount allowable to the taxpayer as a deduction under section 162(l) or 213(a). (2) Deduction not allowed for self-employment tax purposes \nThe deduction allowable by reason of this section shall not be taken into account in determining an individual’s net earnings from self-employment (within the meaning of section 1402(a)) for purposes of chapter 2.. (b) Deduction allowed in computing adjusted gross income \nSubsection (a) of section 62 of such Code is amended by inserting after paragraph (19) the following new paragraph: (20) Costs of qualified health insurance \nThe deduction allowed by section 224.. (c) Clerical amendment \nThe table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following new items: Sec. 224. Costs of qualified health insurance Sec. 225. Cross reference (d) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2004.", "id": "HE845DFEF03394FAA9604CA00A71295F0", "header": "Deduction for qualified health insurance costs of individuals", "nested": [ { "text": "(a) In general \nPart VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions) is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: 224. Costs of qualified health insurance \n(a) In general \nIn the case of an individual, there shall be allowed as a deduction an amount equal to the amount paid during the taxable year for coverage for the taxpayer, his spouse, and dependents under qualified health insurance. (b) Qualified health insurance \nFor purposes of this section, the term qualified health insurance means insurance which constitutes medical care; except that such term shall not include any insurance if substantially all of its coverage is of excepted benefits described in section 9832(c). (c) Special rules \n(1) Coordination with medical deduction, etc \nAny amount paid by a taxpayer for insurance to which subsection (a) applies shall not be taken into account in computing the amount allowable to the taxpayer as a deduction under section 162(l) or 213(a). (2) Deduction not allowed for self-employment tax purposes \nThe deduction allowable by reason of this section shall not be taken into account in determining an individual’s net earnings from self-employment (within the meaning of section 1402(a)) for purposes of chapter 2..", "id": "HBB948FEFC7A44445AEF04619114C9817", "header": "In general", "nested": [], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" } ] }, { "text": "(b) Deduction allowed in computing adjusted gross income \nSubsection (a) of section 62 of such Code is amended by inserting after paragraph (19) the following new paragraph: (20) Costs of qualified health insurance \nThe deduction allowed by section 224..", "id": "HDF31B1AFE2A840BD831BA6C36FD60345", "header": "Deduction allowed in computing adjusted gross income", "nested": [], "links": [] }, { "text": "(c) Clerical amendment \nThe table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following new items: Sec. 224. Costs of qualified health insurance Sec. 225. Cross reference", "id": "HC675E724023A43B7B66E870600927F25", "header": "Clerical amendment", "nested": [], "links": [] }, { "text": "(d) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2004.", "id": "HD1D9D286E55746CCAE02813200E6D52", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" } ] }, { "text": "224. Costs of qualified health insurance \n(a) In general \nIn the case of an individual, there shall be allowed as a deduction an amount equal to the amount paid during the taxable year for coverage for the taxpayer, his spouse, and dependents under qualified health insurance. (b) Qualified health insurance \nFor purposes of this section, the term qualified health insurance means insurance which constitutes medical care; except that such term shall not include any insurance if substantially all of its coverage is of excepted benefits described in section 9832(c). (c) Special rules \n(1) Coordination with medical deduction, etc \nAny amount paid by a taxpayer for insurance to which subsection (a) applies shall not be taken into account in computing the amount allowable to the taxpayer as a deduction under section 162(l) or 213(a). (2) Deduction not allowed for self-employment tax purposes \nThe deduction allowable by reason of this section shall not be taken into account in determining an individual’s net earnings from self-employment (within the meaning of section 1402(a)) for purposes of chapter 2.", "id": "H46D90FFFAF2A4E839C7F7EF2F00076A9", "header": "Costs of qualified health insurance", "nested": [ { "text": "(a) In general \nIn the case of an individual, there shall be allowed as a deduction an amount equal to the amount paid during the taxable year for coverage for the taxpayer, his spouse, and dependents under qualified health insurance.", "id": "HF33B55ACD17944D58CB656EF4CBC5249", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Qualified health insurance \nFor purposes of this section, the term qualified health insurance means insurance which constitutes medical care; except that such term shall not include any insurance if substantially all of its coverage is of excepted benefits described in section 9832(c).", "id": "H411A22BACB3A41E79E84316DD86E7200", "header": "Qualified health insurance", "nested": [], "links": [] }, { "text": "(c) Special rules \n(1) Coordination with medical deduction, etc \nAny amount paid by a taxpayer for insurance to which subsection (a) applies shall not be taken into account in computing the amount allowable to the taxpayer as a deduction under section 162(l) or 213(a). (2) Deduction not allowed for self-employment tax purposes \nThe deduction allowable by reason of this section shall not be taken into account in determining an individual’s net earnings from self-employment (within the meaning of section 1402(a)) for purposes of chapter 2.", "id": "H2DD8772CFDF54C399E397FC272A0FDDD", "header": "Special rules", "nested": [], "links": [] } ], "links": [] } ]

[ "Ways and Means Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Gateway to Democracy Act of 2004.", "id": "HD60CA1C2DF334958A3FD3100D29CF4D6", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings; Purpose \n(a) Findings \nCongress finds the following: (1) The right of citizens of the United States to vote is a fundamental right. (2) It is the responsibility of the Federal, State, and local governments to ensure that voter registration laws and procedures enhance the participation of eligible citizens as voters. (3) Young adults often fail to participate in the first election for which they are eligible to vote. (4) Young adults are consistently the age group with the lowest voter turnout. According to the Bureau of the Census, in the 2000 general election only 45.4% of 18 to 24 year olds were registered to vote and only 32.3% voted. The statistics for the 1998 general election were even more dismal, as 39.2% of such individuals were registered and a mere 16.6% actually went to the polls. (5) One of the reasons for the failure of young adults to vote is that most States require registration prior to the election itself, so that it is too late to establish voter eligibility on Election Day. (6) The National Voter Registration Act of 1993 established that the simultaneous application for voter registration with the application for a motor vehicle driver’s license provides the government with an effective mechanism for increasing access to voter registration. (7) While many States allow individuals to get their license before they meet the age requirement for voter registration, few States allow registration at that time if the potential voter has not yet reached the minimum voting age. (8) In order to remove this barrier, increase the effectiveness of the National Voter Registration Act of 1993, and ensure that the maximum number of young adults is given the opportunity to register to vote, a procedure should be established to allow young adults who do not yet meet the voting age requirement to nevertheless register to vote at the time they apply for their driver’s licenses. (9) Hawaii, Connecticut, Iowa, Florida, Maine, Missouri, and Texas have already implemented successful pre-registration programs which allow individuals to register to vote prior to meeting all of the eligibility requirements for registration. (b) Purpose \nIt is the purpose of this Act— (1) to increase the effectiveness of the National Voter Registration Act of 1993; (2) to expand the categories of individuals who are given the opportunity to register to vote under the National Voter Registration Act of 1993 to include young adults who do not yet meet the minimum age requirement to vote; and (3) to encourage civic engagement by young adults.", "id": "H1ADBECCD0CDB46ACBAD3F200D643D206", "header": "Findings; Purpose", "nested": [ { "text": "(a) Findings \nCongress finds the following: (1) The right of citizens of the United States to vote is a fundamental right. (2) It is the responsibility of the Federal, State, and local governments to ensure that voter registration laws and procedures enhance the participation of eligible citizens as voters. (3) Young adults often fail to participate in the first election for which they are eligible to vote. (4) Young adults are consistently the age group with the lowest voter turnout. According to the Bureau of the Census, in the 2000 general election only 45.4% of 18 to 24 year olds were registered to vote and only 32.3% voted. The statistics for the 1998 general election were even more dismal, as 39.2% of such individuals were registered and a mere 16.6% actually went to the polls. (5) One of the reasons for the failure of young adults to vote is that most States require registration prior to the election itself, so that it is too late to establish voter eligibility on Election Day. (6) The National Voter Registration Act of 1993 established that the simultaneous application for voter registration with the application for a motor vehicle driver’s license provides the government with an effective mechanism for increasing access to voter registration. (7) While many States allow individuals to get their license before they meet the age requirement for voter registration, few States allow registration at that time if the potential voter has not yet reached the minimum voting age. (8) In order to remove this barrier, increase the effectiveness of the National Voter Registration Act of 1993, and ensure that the maximum number of young adults is given the opportunity to register to vote, a procedure should be established to allow young adults who do not yet meet the voting age requirement to nevertheless register to vote at the time they apply for their driver’s licenses. (9) Hawaii, Connecticut, Iowa, Florida, Maine, Missouri, and Texas have already implemented successful pre-registration programs which allow individuals to register to vote prior to meeting all of the eligibility requirements for registration.", "id": "H7C4AAEA180564CD0B5FF71B2CBA1EEFF", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Purpose \nIt is the purpose of this Act— (1) to increase the effectiveness of the National Voter Registration Act of 1993; (2) to expand the categories of individuals who are given the opportunity to register to vote under the National Voter Registration Act of 1993 to include young adults who do not yet meet the minimum age requirement to vote; and (3) to encourage civic engagement by young adults.", "id": "H9F2B10BEC2D242A184C04F1B992C8550", "header": "Purpose", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Permitting Certain Individuals Under Minimum Legal Voting Age to Complete Voter Registration Application Forms \n(a) Forms Provided With Applications For Motor Vehicle Driver’s License \nSection 5(c)(2)(C)(ii) of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–3(c)(2)(C)(ii) ) is amended by striking requirement and inserting the following: requirement (or, in the case of an applicant who is under the minimum legal voting age, an attestation that the applicant will reach such age prior to voting). (b) Forms Provided by Other Designated Voter Registration Agencies \nSection 7(a)(6)(A)(i)(II) of such Act ( 42 U.S.C. 1973gg–5(a)(6)(A)(i)(II) ) is amended by striking requirement and inserting the following: requirement (or, in the case of an applicant who is under the minimum legal voting age, an attestation that the applicant will reach such age prior to voting). (c) Mail Voter Registration Form \n(1) In general \nSection 9(b)(2)(B) of such Act ( 42 U.S.C. 1973gg–7(b)(2)(B) ) is amended by striking requirement and inserting the following: requirement (or, in the case of an applicant who is under the minimum legal voting age, an attestation that the applicant will reach such age prior to voting). (2) Conforming amendment regarding check-off box for age \nSection 303(b)(4)(A)(ii) of the Help America Vote Act of 2002 ( 42 U.S.C. 15483(b)(4)(A)(ii) ) is amended to read as follows: (ii) The question If you are under the minimum legal voting age, will you certify that you understand that this application will not become effective and you will not be able to vote in any election prior to reaching that age? and boxes for the applicant to check to indicate whether or not the applicant will so certify.. (d) Rule of Construction Regarding Minimum Age For Submission of Forms \nSection 8 of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–6 ) is amended— (1) by redesignating subsection (j) as subsection (k); and (2) by inserting after subsection (i) the following new subsection: (j) Minimum Age For Submission of Forms \nNothing in this Act may be construed to require a State to accept any voter registration application form from an individual who, at the time of submitting the form, has not attained the age at which the individual may apply for a motor vehicle driver’s license in the State..", "id": "HD5F50B938DDF479AA8E6FF8032939CFE", "header": "Permitting Certain Individuals Under Minimum Legal Voting Age to Complete Voter Registration Application Forms", "nested": [ { "text": "(a) Forms Provided With Applications For Motor Vehicle Driver’s License \nSection 5(c)(2)(C)(ii) of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–3(c)(2)(C)(ii) ) is amended by striking requirement and inserting the following: requirement (or, in the case of an applicant who is under the minimum legal voting age, an attestation that the applicant will reach such age prior to voting).", "id": "H32C580D40A9C480B91AF3478F7133E82", "header": "Forms Provided With Applications For Motor Vehicle Driver’s License", "nested": [], "links": [ { "text": "42 U.S.C. 1973gg–3(c)(2)(C)(ii)", "legal-doc": "usc", "parsable-cite": "usc/42/1973gg-3" } ] }, { "text": "(b) Forms Provided by Other Designated Voter Registration Agencies \nSection 7(a)(6)(A)(i)(II) of such Act ( 42 U.S.C. 1973gg–5(a)(6)(A)(i)(II) ) is amended by striking requirement and inserting the following: requirement (or, in the case of an applicant who is under the minimum legal voting age, an attestation that the applicant will reach such age prior to voting).", "id": "HB135BC372C4D426FA95767AC50BD6800", "header": "Forms Provided by Other Designated Voter Registration Agencies", "nested": [], "links": [ { "text": "42 U.S.C. 1973gg–5(a)(6)(A)(i)(II)", "legal-doc": "usc", "parsable-cite": "usc/42/1973gg-5" } ] }, { "text": "(c) Mail Voter Registration Form \n(1) In general \nSection 9(b)(2)(B) of such Act ( 42 U.S.C. 1973gg–7(b)(2)(B) ) is amended by striking requirement and inserting the following: requirement (or, in the case of an applicant who is under the minimum legal voting age, an attestation that the applicant will reach such age prior to voting). (2) Conforming amendment regarding check-off box for age \nSection 303(b)(4)(A)(ii) of the Help America Vote Act of 2002 ( 42 U.S.C. 15483(b)(4)(A)(ii) ) is amended to read as follows: (ii) The question If you are under the minimum legal voting age, will you certify that you understand that this application will not become effective and you will not be able to vote in any election prior to reaching that age? and boxes for the applicant to check to indicate whether or not the applicant will so certify..", "id": "H6E47D3FD6BDB4371B0841B563173D5E7", "header": "Mail Voter Registration Form", "nested": [], "links": [ { "text": "42 U.S.C. 1973gg–7(b)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/42/1973gg-7" }, { "text": "42 U.S.C. 15483(b)(4)(A)(ii)", "legal-doc": "usc", "parsable-cite": "usc/42/15483" } ] }, { "text": "(d) Rule of Construction Regarding Minimum Age For Submission of Forms \nSection 8 of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–6 ) is amended— (1) by redesignating subsection (j) as subsection (k); and (2) by inserting after subsection (i) the following new subsection: (j) Minimum Age For Submission of Forms \nNothing in this Act may be construed to require a State to accept any voter registration application form from an individual who, at the time of submitting the form, has not attained the age at which the individual may apply for a motor vehicle driver’s license in the State..", "id": "HDB342A7D3C7C4C2BA14175D0B90095AA", "header": "Rule of Construction Regarding Minimum Age For Submission of Forms", "nested": [], "links": [ { "text": "42 U.S.C. 1973gg–6", "legal-doc": "usc", "parsable-cite": "usc/42/1973gg-6" } ] } ], "links": [ { "text": "42 U.S.C. 1973gg–3(c)(2)(C)(ii)", "legal-doc": "usc", "parsable-cite": "usc/42/1973gg-3" }, { "text": "42 U.S.C. 1973gg–5(a)(6)(A)(i)(II)", "legal-doc": "usc", "parsable-cite": "usc/42/1973gg-5" }, { "text": "42 U.S.C. 1973gg–7(b)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/42/1973gg-7" }, { "text": "42 U.S.C. 15483(b)(4)(A)(ii)", "legal-doc": "usc", "parsable-cite": "usc/42/15483" }, { "text": "42 U.S.C. 1973gg–6", "legal-doc": "usc", "parsable-cite": "usc/42/1973gg-6" } ] }, { "text": "4. Maintenance and Availability of Information on Individuals Under Minimum Legal Voting Age \nSection 303(a)(1)(A) of the Help America Vote Act of 2002 ( 42 U.S.C. 15483(a)(1)(A) ) is amended by adding at the end the following new clause: (ix) In addition to the information on legally registered voters which is maintained on the list, the State shall maintain information on those individuals in the State who have completed applications for voter registration prior to reaching the minimum legal voting age, and shall make the information available to election officials in the State..", "id": "HEEF4908E78F946328FAA8D4F8EB12E48", "header": "Maintenance and Availability of Information on Individuals Under Minimum Legal Voting Age", "nested": [], "links": [ { "text": "42 U.S.C. 15483(a)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/15483" } ] }, { "text": "5. Effective Date \nThe amendments made by this Act shall apply with respect to applications to register to vote in elections occurring in a State after the date on which the State is required to comply with the requirements of section 303(a) of the Help America Vote Act of 2002 (relating to the implementation of a computerized Statewide voter registration list).", "id": "H1FE7DF718E6F4D26879EAE18DB7C7DD2", "header": "Effective Date", "nested": [], "links": [] } ]

[ "Committee on House Administration" ]

[ { "text": "1. Short title \nThis Act may be cited as the Elsinore Valley Municipal Water District Wastewater and Recycled Water Facilities Act of 2004.", "id": "H972DC8C0158641A4B4337FA8B9E2EB51", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Project authorization \n(a) In general \nThe Reclamation Wastewater and Groundwater Study and Facilities Act ( Public Law 102–575 , title XVI; 43 U.S.C. 390h et seq. ) is amended by adding after section 1636 the following: 1637. Elsinore Valley Municipal Water District Projects, California \n(a) Authorization \nThe Secretary, in cooperation with the Elsinore Valley Municipal Water District, California, may participate in the design, planning, and construction of permanent facilities needed to establish recycled water distribution and wastewater treatment and reclamation facilities that will be used to treat wastewater and provide recycled water in the Elsinore Valley Municipal Water District, California. (b) Cost sharing \nThe Federal share of the cost of each project described in subsection (a) shall not exceed 25 percent of the total cost of the project. (c) Limitation \nFunds provided by the Secretary under this section shall not be used for operation or maintenance of the projects described in subsection (a). (d) Authorization of Appropriations \nThere is authorized to be appropriated to carry out this section $12,500,000.. (b) Clerical Amendment \nThe table of sections in section 2 of Public Law 102–575 is amended by inserting after the item relating to section 1636 the following: Sec. 1637. Elsinore Valley Municipal Water District Projects, California.", "id": "H08F3231F0A1C4F6CAD891E62519D571D", "header": "Project authorization", "nested": [ { "text": "(a) In general \nThe Reclamation Wastewater and Groundwater Study and Facilities Act ( Public Law 102–575 , title XVI; 43 U.S.C. 390h et seq. ) is amended by adding after section 1636 the following: 1637. Elsinore Valley Municipal Water District Projects, California \n(a) Authorization \nThe Secretary, in cooperation with the Elsinore Valley Municipal Water District, California, may participate in the design, planning, and construction of permanent facilities needed to establish recycled water distribution and wastewater treatment and reclamation facilities that will be used to treat wastewater and provide recycled water in the Elsinore Valley Municipal Water District, California. (b) Cost sharing \nThe Federal share of the cost of each project described in subsection (a) shall not exceed 25 percent of the total cost of the project. (c) Limitation \nFunds provided by the Secretary under this section shall not be used for operation or maintenance of the projects described in subsection (a). (d) Authorization of Appropriations \nThere is authorized to be appropriated to carry out this section $12,500,000..", "id": "HFD8447A4B6EB4F0B813E6538E9F2E9CD", "header": "In general", "nested": [], "links": [ { "text": "Public Law 102–575", "legal-doc": "public-law", "parsable-cite": "pl/102/575" }, { "text": "43 U.S.C. 390h et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/390h" } ] }, { "text": "(b) Clerical Amendment \nThe table of sections in section 2 of Public Law 102–575 is amended by inserting after the item relating to section 1636 the following: Sec. 1637. Elsinore Valley Municipal Water District Projects, California.", "id": "HEBBD5188FFE242B59DFFBEDB9FD2D549", "header": "Clerical Amendment", "nested": [], "links": [ { "text": "Public Law 102–575", "legal-doc": "public-law", "parsable-cite": "pl/102/575" } ] } ], "links": [ { "text": "Public Law 102–575", "legal-doc": "public-law", "parsable-cite": "pl/102/575" }, { "text": "43 U.S.C. 390h et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/390h" }, { "text": "Public Law 102–575", "legal-doc": "public-law", "parsable-cite": "pl/102/575" } ] }, { "text": "1637. Elsinore Valley Municipal Water District Projects, California \n(a) Authorization \nThe Secretary, in cooperation with the Elsinore Valley Municipal Water District, California, may participate in the design, planning, and construction of permanent facilities needed to establish recycled water distribution and wastewater treatment and reclamation facilities that will be used to treat wastewater and provide recycled water in the Elsinore Valley Municipal Water District, California. (b) Cost sharing \nThe Federal share of the cost of each project described in subsection (a) shall not exceed 25 percent of the total cost of the project. (c) Limitation \nFunds provided by the Secretary under this section shall not be used for operation or maintenance of the projects described in subsection (a). (d) Authorization of Appropriations \nThere is authorized to be appropriated to carry out this section $12,500,000.", "id": "H0E981972880E48888E9DB6340BBDDF7", "header": "Elsinore Valley Municipal Water District Projects, California", "nested": [ { "text": "(a) Authorization \nThe Secretary, in cooperation with the Elsinore Valley Municipal Water District, California, may participate in the design, planning, and construction of permanent facilities needed to establish recycled water distribution and wastewater treatment and reclamation facilities that will be used to treat wastewater and provide recycled water in the Elsinore Valley Municipal Water District, California.", "id": "HD39ED11721F043FBA1C400776E045CD1", "header": "Authorization", "nested": [], "links": [] }, { "text": "(b) Cost sharing \nThe Federal share of the cost of each project described in subsection (a) shall not exceed 25 percent of the total cost of the project.", "id": "H47F48A0D0E5B41BE92698F1B102917AB", "header": "Cost sharing", "nested": [], "links": [] }, { "text": "(c) Limitation \nFunds provided by the Secretary under this section shall not be used for operation or maintenance of the projects described in subsection (a).", "id": "HD33A7ECBA33E41699900CAA84E290065", "header": "Limitation", "nested": [], "links": [] }, { "text": "(d) Authorization of Appropriations \nThere is authorized to be appropriated to carry out this section $12,500,000.", "id": "H30E6403D1862411790A9D6422CB1C9FB", "header": "Authorization of Appropriations", "nested": [], "links": [] } ], "links": [] } ]

[ "Natural Resources Committee" ]

[ { "text": "1. Posthumous promotion \nNancy P. Gilbert, formerly of Marietta, Georgia, is hereby posthumously promoted to the position of GS–1810-13 supervisory investigator in the Atlanta District Office of the Equal Employment Opportunity Commission, effective as of July 2, 2001. This section shall not be taken into account for any pay or other personnel management purposes.", "id": "H74FD7043A5284C84B72F2B93B197B453", "header": "Posthumous promotion", "nested": [], "links": [] } ]

[ "Education and the Workforce Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the United Nations Accountability Act of 2004.", "id": "HDE45BF0E3778419D884E1C268BF45C68", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds the following: (1) There have been allegations of mismanagement, fraud, and corruption in the United Nations Oil-for-Food program. (2) The United Nations Office of Internal Oversight Services (OIOS) conducted audits of the United Nations Oil-for-Food program. (3) These OIOS audits identified mismanagement and uneconomical arrangements in the contract entered into by the United Nations for the provision of independent Oil-for-Food inspection agents in Iraq, and observed that the contractor providing inspection services in Iraq on behalf of the United Nations had not fully performed its contractual duties. (4) The overall conclusion of the OIOS audit was that management of the Contract had not been adequate and certain provisions of the contract had not been adhered to. (5) Specifically, the OIOS audit concluded the contractor failed to maintain inspection agents at staffing levels required by the contract, overcharged the United Nations, engaged in unprofessional conduct , and reported figures for goods as having arrived that were vastly different than the figures reported by the United Nations. (6) The OIOS concluded that the United Nations Office of Iraq Programs needed to strengthen its management of contracts , had failed to designate anyone in Iraq to manage the contract, and that in the absence of a contract manager , the United Nations Office of Iraq Programs had no assurance that the services provided were in consonance with the spirit and letter of the contract. (7) It has been and continues to be the policy and practice of the United Nations not to release OIOS audit reports to member states. (8) The United Nations has denied the United States access to OIOS audits of the Oil-for-Food Program both during and after the life of the program, despite repeated requests by the United States for access to such audits. (9) The ability of member states to fulfill their responsibilities in connection with United Nations programs is undermined by the nondisclosure policy of the United Nations barring full and timely access by member states to OIOS audit reports.", "id": "H05509687680F422BB4A39663ACD4187E", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Accountability and transparency measures for the United Nations \n(a) Access by member states to OIOS audits \nCongress urges the President to instruct the Permanent Mission of the United States to the United Nations to use the voice and vote of the United States to seek to ensure the United Nations has procedures in place to ensure that all reports prepared by the OIOS are made available, in a timely fashion, fully and without modification (except to the extent necessary to protect the privacy rights of individuals) to member states of the United Nations. (b) Report on financial disclosure requirements of United Nations officials \nNot later than 180 days after the date of the enactment of this Act, the Department of State shall submit to the appropriate congressional committees a report assessing the adequacy of financial disclosure rules and practices for United Nations officials together with recommendations for any needed reforms identified in the course of the assessment.", "id": "H7869674D3FA244E9A4068CD9C2DF6FB2", "header": "Accountability and transparency measures for the United Nations", "nested": [ { "text": "(a) Access by member states to OIOS audits \nCongress urges the President to instruct the Permanent Mission of the United States to the United Nations to use the voice and vote of the United States to seek to ensure the United Nations has procedures in place to ensure that all reports prepared by the OIOS are made available, in a timely fashion, fully and without modification (except to the extent necessary to protect the privacy rights of individuals) to member states of the United Nations.", "id": "H8A660232467A4703ADA569F32716327F", "header": "Access by member states to OIOS audits", "nested": [], "links": [] }, { "text": "(b) Report on financial disclosure requirements of United Nations officials \nNot later than 180 days after the date of the enactment of this Act, the Department of State shall submit to the appropriate congressional committees a report assessing the adequacy of financial disclosure rules and practices for United Nations officials together with recommendations for any needed reforms identified in the course of the assessment.", "id": "H33883B06FEE14A73B85FA69D7458C870", "header": "Report on financial disclosure requirements of United Nations officials", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Definitions \nIn this Act: (1) Oil-for-Food program \nThe term oil-for-food program means the program established and administered pursuant to United Nations Security Council Resolution 986 (April 14, 1995) and subsequent United Nations resolutions to permit the sale of petroleum products exported from Iraq and to use the revenue generated from such sale for humanitarian assistance. (2) Office of Internal Oversight Services \nThe term Office of Internal Oversight Services means the United Nations office established by General Assembly resolution 48/218 B (July 29, 1994), and charged with assisting in the internal oversight responsibilities of the Secretary General by monitoring program implementation and by conducting management audits, reviews, and surveys. (3) Appropriate congressional committees \nThe term appropriate congressional committees means the Committee on International Relations of the House of Representatives, the Committee on Government Reform of the House of Representatives, the Committee on Foreign Relations of the Senate, and the Committee on Governmental Affairs of the Senate.", "id": "H25417CBAFFB24BD28E837EBB75B861C4", "header": "Definitions", "nested": [], "links": [] } ]

[ "Foreign Affairs Committee" ]

[ { "text": "1. Designation \nThe information center at Canaveral National Seashore, located approximately 9 miles south of New Smyrna Beach, Florida, on Highway A1A, shall be known and designated as the T.C. Wilder, Jr., Canaveral National Seashore Information Center.", "id": "H2482B0A112D24ADCA1BD8060B956486", "header": "Designation", "nested": [], "links": [] }, { "text": "2. References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the information center referred to in section 1 shall be deemed to be a reference to the T.C. Wilder, Jr., Canaveral National Seashore Information Center.", "id": "HDBC7C8766EE04AFE0072683BF5C68736", "header": "References", "nested": [], "links": [] } ]

[ "Natural Resources Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Boutique Fuels Reduction Act of 2004.", "id": "H2B02FE2CA9F14D968BF149A0884564BA", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Temporary waivers during supply emergencies \nSection 211(c)(4)(C) of the Clean Air Act ( 42 U.S.C. 7545(c)(4)(C) ) is amended by inserting (i) after (C) and by adding the following new clauses at the end thereof: (ii) The Administrator may temporarily waive a control or prohibition respecting the use of a fuel or fuel additive required or regulated by the Administrator pursuant to subsection (c), (h), (i), (k), or (m) of this section or prescribed in an applicable implementation plan under section 110 approved by the Administrator under clause (i) of this subparagraph if, after consultation with, and concurrence by, the Secretary of Energy, the Administrator determines that— (I) extreme and unusual fuel or fuel additive supply circumstances exist in a State or region of the Nation which prevent the distribution of an adequate supply of the fuel or fuel additive to consumers; (II) such extreme and unusual fuel and fuel additive supply circumstances are the result of a natural disaster, an Act of God, a pipeline or refinery equipment failure, or another event that could not reasonably have been foreseen or prevented and not the lack of prudent planning on the part of the suppliers of the fuel or fuel additive to such State or region; and (III) it is in the public interest to grant the waiver (for example, when a waiver is necessary to meet projected temporary shortfalls in the supply of the fuel or fuel additive in a State or region of the Nation which cannot otherwise be compensated for). (iii) If the Administrator makes the determinations required under clause (ii), such a temporary extreme and unusual fuel and fuel additive supply circumstances waiver shall be permitted only if— (I) the waiver applies to the smallest geographic area necessary to address the extreme and unusual fuel and fuel additive supply circumstances; (II) the waiver is effective for a period of 20 calendar days or, if the Administrator determines that a shorter waiver period is adequate, for the shortest practicable time period necessary to permit the correction of the extreme and unusual fuel and fuel additive supply circumstances and to mitigate impact on air quality; (III) the waiver permits a transitional period, the exact duration of which shall be determined by the Administrator, after the termination of the temporary waiver to permit wholesalers and retailers to blend down their wholesale and retail inventory; (IV) the waiver applies to all persons in the motor fuel distribution system; and (V) the Administrator has given public notice to all parties in the motor fuel distribution system, local and State regulators, public interest groups, and consumers in the State or region to be covered by the waiver. The term motor fuel distribution system as used in this clause shall be defined by the Administrator through rulemaking. (iv) Within 180 days of the date of the enactment of the Boutique Fuels Reduction Act of 2004, the Administrator shall promulgate regulations to implement clauses (ii) and (iii). (v) Nothing in this Act shall— (I) limit or otherwise affect the application of any other waiver authority of the Administrator pursuant to this section or pursuant to a regulation promulgated pursuant to this section; and (II) subject any State or person to an enforcement action, penalties, or liability solely arising from actions taken pursuant to the issuance of a waiver under this subparagraph..", "id": "HBEE14A88CE474E9FAC566558997DC1F6", "header": "Temporary waivers during supply emergencies", "nested": [], "links": [ { "text": "42 U.S.C. 7545(c)(4)(C)", "legal-doc": "usc", "parsable-cite": "usc/42/7545" } ] }, { "text": "3. Cap on number of boutique fuels \nSection 211(c)(4)(C) of the Clean Air Act ( 42 U.S.C. 7545(c)(4) ), as amended by section 2, is further amended by adding at the end the following: (vi) (I) The Administrator shall have no authority, when considering a State implementation plan or a State implementation plan revision under this subparagraph, to approve any fuel if the effect of such approval would be to increase the total number of fuels approved and fully implemented as of September 1, 2004 in all State implementation plans. (II) Except for a fuel with a summertime Reid Vapor Pressure of 7.0 pounds per square inch, the Administrator shall have no authority, when considering any particular State’s implementation plan or a revision to that State’s implementation plan under this subparagraph, to approve any fuel unless that fuel was, as of the date of such consideration, approved and fully implemented in at least 1 State implementation plan in the applicable Petroleum Administration for Defense District. The preceding sentence shall not limit the Administrator’s authority to approve any new fuel in any such plan or plan revision if such new fuel replaces an existing fuel without increasing the total number of fuels approved and fully implemented as of September 1, 2004 in all State implementation plans. (III) Nothing in this clause shall be construed to prohibit a State from requiring the use of any fuel additive registered in accordance with subsection (b), including any fuel additive registered in accordance with subsection (b) after the enactment of this subclause..", "id": "H62C791DCC4D54962A04D4EC95ADACEA", "header": "Cap on number of boutique fuels", "nested": [], "links": [ { "text": "42 U.S.C. 7545(c)(4)", "legal-doc": "usc", "parsable-cite": "usc/42/7545" } ] }, { "text": "4. Study and report to Congress on boutique fuels \n(a) Joint study \nThe Administrator of the Environmental Protection Agency and the Secretary of Energy shall undertake a study of the effects on air quality, on the number of fuel blends, on fuel availability, on fuel fungibility, and on fuel costs of the State plan provisions adopted pursuant to section 211(c)(4)(C) of the Clean Air Act ( 42 U.S.C. 7545(c)(4)(C) ). The primary focus of such study shall be to determine how to develop a Federal fuels system that maximizes motor fuel fungibility and supply, preserves air quality standards, and reduces motor fuel price volatility that results from the proliferation of boutique fuels, and to recommend to the Congress such legislative changes as are necessary to implement such a system. In furtherance of such a study, the Administrator and the Secretary shall, as appropriate, review studies and other actions of other Federal agencies concerning boutique fuels with a view toward avoiding duplication of effort and the need to expedite such study. (b) Study areas of responsibility \nIn carrying out the study required by this section, the Administrator shall coordinate obtaining comments from affected parties interested in the air quality impact assessment portion of the study, and the Secretary shall coordinate obtaining comments from affected parties interested in the fuel availability, number of fuel blends, fuel fungibility, and fuel costs portion of the study. (c) Report to Congress \nThe Administrator and the Secretary jointly shall submit the results of the study required by this section in a report to the Congress not later than 12 months after the date of the enactment of this Act, together with any recommended regulatory and legislative changes. Such report shall be submitted to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate.", "id": "HE8947BB6981C44528D4405CE67B3526", "header": "Study and report to Congress on boutique fuels", "nested": [ { "text": "(a) Joint study \nThe Administrator of the Environmental Protection Agency and the Secretary of Energy shall undertake a study of the effects on air quality, on the number of fuel blends, on fuel availability, on fuel fungibility, and on fuel costs of the State plan provisions adopted pursuant to section 211(c)(4)(C) of the Clean Air Act ( 42 U.S.C. 7545(c)(4)(C) ). The primary focus of such study shall be to determine how to develop a Federal fuels system that maximizes motor fuel fungibility and supply, preserves air quality standards, and reduces motor fuel price volatility that results from the proliferation of boutique fuels, and to recommend to the Congress such legislative changes as are necessary to implement such a system. In furtherance of such a study, the Administrator and the Secretary shall, as appropriate, review studies and other actions of other Federal agencies concerning boutique fuels with a view toward avoiding duplication of effort and the need to expedite such study.", "id": "H47A850775DF5410584E3842B16328837", "header": "Joint study", "nested": [], "links": [ { "text": "42 U.S.C. 7545(c)(4)(C)", "legal-doc": "usc", "parsable-cite": "usc/42/7545" } ] }, { "text": "(b) Study areas of responsibility \nIn carrying out the study required by this section, the Administrator shall coordinate obtaining comments from affected parties interested in the air quality impact assessment portion of the study, and the Secretary shall coordinate obtaining comments from affected parties interested in the fuel availability, number of fuel blends, fuel fungibility, and fuel costs portion of the study.", "id": "H19D99DD60D724BB880F600333BC45F3C", "header": "Study areas of responsibility", "nested": [], "links": [] }, { "text": "(c) Report to Congress \nThe Administrator and the Secretary jointly shall submit the results of the study required by this section in a report to the Congress not later than 12 months after the date of the enactment of this Act, together with any recommended regulatory and legislative changes. Such report shall be submitted to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate.", "id": "H250A3294E6484573987D2446F465F456", "header": "Report to Congress", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 7545(c)(4)(C)", "legal-doc": "usc", "parsable-cite": "usc/42/7545" } ] }, { "text": "5. Definitions \nIn this Act: (1) The term Administrator means the Administrator of the Environmental Protection Agency. (2) The term Secretary means the Secretary of Energy.", "id": "HC97106E9A5FA4F1EB73DC6B29EEC2F82", "header": "Definitions", "nested": [], "links": [] } ]

[ "Energy and Commerce Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2004.", "id": "H8DD982A9343A4585859CF9C678C2FB4", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Authorization of additional projects and activities under the lower rio grande water conservation and improvement program \n(a) Additional projects \nSection 4(a) of the Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2000 ( Public Law 106–576 ; 114 Stat. 3067) is amended by adding at the end the following: (20) In Cameron County, Texas, Bayview Irrigation District No. 11, water conservation and improvement projects as identified in the March 3, 2004, engineering report by NRS Consulting Engineers at a cost of $1,425,219. (21) In the Cameron County, Texas, the Brownsville Irrigation District, water conservation and improvement projects as identified in the February 11, 2004 engineering report by NRS Consulting Engineers at a cost of $722,100. (22) In the Cameron County, Texas Harlingen Irrigation District No. 1, water conservation and improvement projects as identified in the March, 2004, engineering report by Axiom-Blair Engineering at a cost of $4,173,950. (23) In the Cameron County, Texas, Cameron County Irrigation District No. 2, water conservation and improvement projects as identified in the February 11, 2004 engineering report by NRS Consulting Engineers at a cost of $8,269,576. (24) Braden, Inc. at a cost of $5,607,300. (25) In the Cameron County, Texas, Adams Gardens Irrigation District No. 19, water conservation and improvement projects as identified in the March, 2004 engineering report by Axiom-Blair Engineering at a cost of $2,500,000. (26) In the Hidalgo and Cameron Counties, Texas, the Hidalgo and Cameron Counties Irrigation District No. 9, water conservation and improvement projects as identified by the February 11 engineering report by NRS Consulting Engineers at a cost of $8,929,152. (27) In the Hidalgo and Willacy Counties, Texas, Delta Lake Irrigation District, water conservation and improvement projects as identified in the March, 2004 engineering report by Axiom-Blair Engineering at a cost of $8,000,000. (28) In the Hidalgo County, Texas, Hidalgo County Irrigation District No. 2, a water conservation and improvement project identified in the engineering reports attached to a letter dated February 11, 2004, from the district’s general manager, at a cost of $5,312,475. (29) In the Hidalgo County, Texas, Hidalgo County Irrigation District No. 1, water conservation and improvement projects identified in an engineering report dated March 5, 2004 by Melden and Hunt, Inc. at a cost of $5,595,018. (30) In the Hidalgo County, Texas, Hidalgo County Irrigation District No. 6, water conservation and improvement projects as identified in the March, 2004, engineering report by Axiom-Blair Engineering at a cost of $3,450,000. (31) In the Hidalgo County, Texas Santa Cruz Irrigation District No. 15, water conservation and improvement projects as identified in an engineering report dated March 5, 2004 by Melden and Hunt at a cost of $4,609,000. (32) In the Hidalgo County, Texas, Engelman Irrigation District, water conservation and improvement projects as identified in an engineering report dated March 5, 2004 by Melden and Hunt, Inc. at a cost of $2,251,480. (33) In the Hidalgo County, Texas, Valley Acres Water District, water conservation and improvement projects as identified in an engineering report dated March, 2004 by Axiom-Blair Engineering at a cost of $500,000. (34) In the Hudspeth County, Texas, Hudspeth County Conservation and Reclamation District No. 1, water conservation and improvement projects as identified in the March, 2004, engineering report by Axiom-Blair Engineering at a cost of $1,500,000. (35) In the El Paso County, Texas, El Paso County Water Improvement District No. 1, water conservation and improvement projects as identified in the March, 2004, engineering report by Axiom-Blair Engineering at a cost of $10,500,000. (36) In the Hidalgo County, Texas, Donna Irrigation District, water conservation and improvement projects identified in an engineering report dated March 22, 2004 by Melden and Hunt, Inc. at a cost of $2,500,000. (37) In the Hidalgo County, Texas, Hidalgo County Irrigation District No. 16, water conservation and improvement projects identified in an engineering report dated March 22, 2004 by Melden and Hunt, Inc. at a cost of $2,800,000. (38) The United Irrigation District of Hidalgo County water conservation and improvement projects as identified in a March 2004 engineering report by Sigler Winston, Greenwood and Associates at a cost of $6,067,021.. (b) Inclusion of activities to conserve water or improve supply; transfers among projects \nSection 4 of such Act ( Public Law 106–576 ; 114 Stat. 3067) is further amended by redesignating subsection (c) as subsection (e), and by inserting after subsection (b) the following: (c) Inclusion of activities to conserve water or improve supply \nIn addition to the activities identified in the engineering reports referred to in subsection (a), each project that the Secretary conducts or participates in under subsection (a) may include any of the following: (1) The replacement of irrigation canals and lateral canals with buried pipelines. (2) The impervious lining of irrigation canals and lateral canals. (3) Installation of water level, flow measurement, pump control, and telemetry systems. (4) The renovation and replacement of pumping plants. (5) Other activities that will result in the conservation of water or an improved supply of water. (d) Transfers among projects \nOf amounts made available for a project referred to in any of paragraphs (20) through (38) of subsection (a), the Secretary may transfer and use for another such project up to 10 percent..", "id": "H5843B82B8AF4402CA1CB36EF75193822", "header": "Authorization of additional projects and activities under the lower rio grande water conservation and improvement program", "nested": [ { "text": "(a) Additional projects \nSection 4(a) of the Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2000 ( Public Law 106–576 ; 114 Stat. 3067) is amended by adding at the end the following: (20) In Cameron County, Texas, Bayview Irrigation District No. 11, water conservation and improvement projects as identified in the March 3, 2004, engineering report by NRS Consulting Engineers at a cost of $1,425,219. (21) In the Cameron County, Texas, the Brownsville Irrigation District, water conservation and improvement projects as identified in the February 11, 2004 engineering report by NRS Consulting Engineers at a cost of $722,100. (22) In the Cameron County, Texas Harlingen Irrigation District No. 1, water conservation and improvement projects as identified in the March, 2004, engineering report by Axiom-Blair Engineering at a cost of $4,173,950. (23) In the Cameron County, Texas, Cameron County Irrigation District No. 2, water conservation and improvement projects as identified in the February 11, 2004 engineering report by NRS Consulting Engineers at a cost of $8,269,576. (24) Braden, Inc. at a cost of $5,607,300. (25) In the Cameron County, Texas, Adams Gardens Irrigation District No. 19, water conservation and improvement projects as identified in the March, 2004 engineering report by Axiom-Blair Engineering at a cost of $2,500,000. (26) In the Hidalgo and Cameron Counties, Texas, the Hidalgo and Cameron Counties Irrigation District No. 9, water conservation and improvement projects as identified by the February 11 engineering report by NRS Consulting Engineers at a cost of $8,929,152. (27) In the Hidalgo and Willacy Counties, Texas, Delta Lake Irrigation District, water conservation and improvement projects as identified in the March, 2004 engineering report by Axiom-Blair Engineering at a cost of $8,000,000. (28) In the Hidalgo County, Texas, Hidalgo County Irrigation District No. 2, a water conservation and improvement project identified in the engineering reports attached to a letter dated February 11, 2004, from the district’s general manager, at a cost of $5,312,475. (29) In the Hidalgo County, Texas, Hidalgo County Irrigation District No. 1, water conservation and improvement projects identified in an engineering report dated March 5, 2004 by Melden and Hunt, Inc. at a cost of $5,595,018. (30) In the Hidalgo County, Texas, Hidalgo County Irrigation District No. 6, water conservation and improvement projects as identified in the March, 2004, engineering report by Axiom-Blair Engineering at a cost of $3,450,000. (31) In the Hidalgo County, Texas Santa Cruz Irrigation District No. 15, water conservation and improvement projects as identified in an engineering report dated March 5, 2004 by Melden and Hunt at a cost of $4,609,000. (32) In the Hidalgo County, Texas, Engelman Irrigation District, water conservation and improvement projects as identified in an engineering report dated March 5, 2004 by Melden and Hunt, Inc. at a cost of $2,251,480. (33) In the Hidalgo County, Texas, Valley Acres Water District, water conservation and improvement projects as identified in an engineering report dated March, 2004 by Axiom-Blair Engineering at a cost of $500,000. (34) In the Hudspeth County, Texas, Hudspeth County Conservation and Reclamation District No. 1, water conservation and improvement projects as identified in the March, 2004, engineering report by Axiom-Blair Engineering at a cost of $1,500,000. (35) In the El Paso County, Texas, El Paso County Water Improvement District No. 1, water conservation and improvement projects as identified in the March, 2004, engineering report by Axiom-Blair Engineering at a cost of $10,500,000. (36) In the Hidalgo County, Texas, Donna Irrigation District, water conservation and improvement projects identified in an engineering report dated March 22, 2004 by Melden and Hunt, Inc. at a cost of $2,500,000. (37) In the Hidalgo County, Texas, Hidalgo County Irrigation District No. 16, water conservation and improvement projects identified in an engineering report dated March 22, 2004 by Melden and Hunt, Inc. at a cost of $2,800,000. (38) The United Irrigation District of Hidalgo County water conservation and improvement projects as identified in a March 2004 engineering report by Sigler Winston, Greenwood and Associates at a cost of $6,067,021..", "id": "HF70766B4F8084499AF5F580055BD4165", "header": "Additional projects", "nested": [], "links": [ { "text": "Public Law 106–576", "legal-doc": "public-law", "parsable-cite": "pl/106/576" } ] }, { "text": "(b) Inclusion of activities to conserve water or improve supply; transfers among projects \nSection 4 of such Act ( Public Law 106–576 ; 114 Stat. 3067) is further amended by redesignating subsection (c) as subsection (e), and by inserting after subsection (b) the following: (c) Inclusion of activities to conserve water or improve supply \nIn addition to the activities identified in the engineering reports referred to in subsection (a), each project that the Secretary conducts or participates in under subsection (a) may include any of the following: (1) The replacement of irrigation canals and lateral canals with buried pipelines. (2) The impervious lining of irrigation canals and lateral canals. (3) Installation of water level, flow measurement, pump control, and telemetry systems. (4) The renovation and replacement of pumping plants. (5) Other activities that will result in the conservation of water or an improved supply of water. (d) Transfers among projects \nOf amounts made available for a project referred to in any of paragraphs (20) through (38) of subsection (a), the Secretary may transfer and use for another such project up to 10 percent..", "id": "H980D06875461422E94CE7F1E6F88B70", "header": "Inclusion of activities to conserve water or improve supply; transfers among projects", "nested": [], "links": [ { "text": "Public Law 106–576", "legal-doc": "public-law", "parsable-cite": "pl/106/576" } ] } ], "links": [ { "text": "Public Law 106–576", "legal-doc": "public-law", "parsable-cite": "pl/106/576" }, { "text": "Public Law 106–576", "legal-doc": "public-law", "parsable-cite": "pl/106/576" } ] }, { "text": "3. Reauthorization of appropriations for lower rio grande construction \nSection 4(e) of the Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2000 ( Public Law 106–576 ; 114 Stat. 3067), as redesignated by section 2(b) of this Act, is further amended by inserting before the period the following: for projects referred to in paragraphs (1) through (19) of subsection (a), and $42,356,145 (2004 dollars) for projects referred to in paragraphs (20) through (38) of subsection (a).", "id": "HD000BD5C5AB54638B5DF70F2733D58E", "header": "Reauthorization of appropriations for lower rio grande construction", "nested": [], "links": [ { "text": "Public Law 106–576", "legal-doc": "public-law", "parsable-cite": "pl/106/576" } ] } ]

[ "Natural Resources Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Radioprotectant Procurement Act of 2004.", "id": "H9965335E828549EDA3FC5F9617DDE743", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds as follows: (1) The threat of a radiological or nuclear attack on the American people is one of the greatest potential threats now faced by the United States, considering the potential number of deaths, injuries, illnesses and economic devastation such an attack on American civilians or military personnel could have. (2) There are at least 30,000 known nuclear weapons deployed around the world today and the proliferation of nuclear weapons technology continues to pose an enormous threat to the United States, its people, and its interests and allies around the world. (3) Even a crude radiological weapon, using conventional explosives combined with widely available radiological materials, could cause death, radiation sickness, and widespread panic and economic hardship if detonated in an urban center of the United States, and such an attack would dramatically strain our public health resources. (4) Numerous government and private studies, including the findings of several leading medical journals, have concluded that a nuclear weapon detonated in a large urban center would cause widespread death, sickness, and physical and economic damage. For example, in February 2002, the British Medical Journal estimated that a 12.5 kiloton nuclear bomb (approximately the size of the bomb used at Hiroshima), if detonated in New York City, would cause 50,000 immediate deaths, 200,000 short-term deaths from high-exposure radiation injury, and 700,000 cases of radiation sickness. (5) There are 103 nuclear power plants in the United States, each with the potential to expose area residents to high levels of radiation in the event of a successful attack. (6) For potentially stockpiled radioprotectants to be most effective, they must be administered soon after exposure to radiation, so the procurement of a radioprotectant must be large enough and located in enough regions of the country to facilitate the rapid treatment of the hundreds of thousands and potentially millions of Americans who would be exposed to radiation, as well as the many worried well who will flood emergency rooms should a nuclear or radiological attack or large accident occur. (7) Considering the need to rapidly administer a radioprotectant, Federal procurement of an effective radioprotectant should be comparable to stockpiles of other drugs designed to counter the effects of chemical or biological agents. (8) Current treatment options for acute radiation exposure are wholly inadequate, with potassium iodide being the only widely stockpiled countermeasure currently available. This treatment protects against the long-term risk of thyroid cancer, and does nothing to counteract short-term radiation sickness and possible death within the first 30 days of exposure. (9) Effective medical countermeasures to both acute and long-term exposure of radiation are presently in development at the Armed Forces Radiobiology Research Institute (AFRRI) and among pharmaceutical companies, including at least one compound that has demonstrated efficacy in preventing radiation sickness and death caused by the destruction of bone marrow from acute radiation exposure. (10) While the Departments of Health and Human Services, Homeland Security, and Defense are appropriately dedicating substantial resources to the development and procurement of countermeasures to biological threats, including smallpox and anthrax vaccines, few resources to date have been dedicated to bring to market and procure an effective, whole-body radioprotectant. (11) In enacting the Homeland Security Act of 2002, it was and is the intent of Congress that the development and procurement of radiological and nuclear countermeasures be given full and appropriate consideration and dedication of resources.", "id": "H07756BDC333042D6B2A7991500AD7D59", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Amendment to the Homeland Security Act of 2002 \nSection 304 of the Homeland Security Act of 2002 ( 6 U.S.C. 184 ; Public Law 107–296 ) is amended by adding at the end the following subsection: (d) Development and procurement of radiation medical countermeasures \nFor the purpose of rapidly developing, bringing to market, and procuring whole-body radioprotectants, the Secretaries of Health and Human Services, Homeland Security, and Defense shall utilize and expend such funds as may be necessary, including funds appropriated by Congress, and not otherwise prohibited from being used for such purpose, under the appropriations headings Public Health Programs , Strategic National Stockpile , Nuclear and Radiological Countermeasures , Biodefense Countermeasures , Research, Development, Acquisition and Operations , Biological Countermeasures , and Chem-Bio Defense Initiative , as well as relevant departmental and subagency operations budgets, subject to the appropriations Act involved..", "id": "H5F03C61D086A4201A80764604638B352", "header": "Amendment to the Homeland Security Act of 2002", "nested": [], "links": [ { "text": "6 U.S.C. 184", "legal-doc": "usc", "parsable-cite": "usc/6/184" }, { "text": "Public Law 107–296", "legal-doc": "public-law", "parsable-cite": "pl/107/296" } ] }, { "text": "4. Report regarding effective radioprotectants; development and procurement \n(a) Report \nNot later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security (referred to in this section as the Secretary ) shall, in consultation with the Secretary of Health and Human Services and the Secretary of Defense, submit to the Congress a report providing a determination by the Secretary of— (1) the extent to which there is a threat of a nuclear or radiological attack against the United States; and (2) the availability of effective radioprotectant medical countermeasures against the threat. (b) Development and procurement \n(1) In general \nIf in carrying out subsection (a) the Secretary determines that one or more effective radioprotectants are currently available, or may become available within a reasonable amount of time, then not later than 90 days after the submission of the report under such subsection, the Secretary shall enter into one or more agreements with one or more private companies for the development and procurement of one or more effective, safe, stable, and low-cost radioprotectants, subject to the availability of funds under an appropriations Act. (2) Adequate Protection \nAn agreement under paragraph (1) shall provide for the procurement and stockpiling of enough dose regimens of the radioprotectants involved to provide for adequate protection of the people of the United States, including adequate response to a multi-location attack scenario, if in carrying out subsection (a) the Secretary determines that such a scenario is plausible. (3) Certain authorities \n(A) Development \nWith respect to an agreement under paragraph (1) that provides funds for the development of a radioprotectant, the Secretary may use the same authorities as are described in subsections (b) through (e) of section 319F–1 of the Public Health Service Act. (B) Procurement \nWith respect to an agreement under paragraph (1) that provides funds for the procurement of a radioprotectant, the Secretary may use the same authorities as are described in section 319F–2(c)(7) of the Public Health Service Act. (C) Conditions \nAn agreement under paragraph (1) may contain such reasonable conditions in addition to the conditions required in paragraph (2) as the Secretary determines to be appropriate, including— (i) the condition that the final procurement be contingent upon approval of the radioprotectants by the Food and Drug Administration, subject to section 564 of the Federal Food, Drug, and Cosmetic Act; and (ii) the condition that the company or companies that produce such radioprotectants may be required to assume the development costs of improvements to the radioprotectants.", "id": "H0B7D3049A93341469E13D7A44152CF", "header": "Report regarding effective radioprotectants; development and procurement", "nested": [ { "text": "(a) Report \nNot later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security (referred to in this section as the Secretary ) shall, in consultation with the Secretary of Health and Human Services and the Secretary of Defense, submit to the Congress a report providing a determination by the Secretary of— (1) the extent to which there is a threat of a nuclear or radiological attack against the United States; and (2) the availability of effective radioprotectant medical countermeasures against the threat.", "id": "H7A306D575DD9437CAB3DD100D22CD3F", "header": "Report", "nested": [], "links": [] }, { "text": "(b) Development and procurement \n(1) In general \nIf in carrying out subsection (a) the Secretary determines that one or more effective radioprotectants are currently available, or may become available within a reasonable amount of time, then not later than 90 days after the submission of the report under such subsection, the Secretary shall enter into one or more agreements with one or more private companies for the development and procurement of one or more effective, safe, stable, and low-cost radioprotectants, subject to the availability of funds under an appropriations Act. (2) Adequate Protection \nAn agreement under paragraph (1) shall provide for the procurement and stockpiling of enough dose regimens of the radioprotectants involved to provide for adequate protection of the people of the United States, including adequate response to a multi-location attack scenario, if in carrying out subsection (a) the Secretary determines that such a scenario is plausible. (3) Certain authorities \n(A) Development \nWith respect to an agreement under paragraph (1) that provides funds for the development of a radioprotectant, the Secretary may use the same authorities as are described in subsections (b) through (e) of section 319F–1 of the Public Health Service Act. (B) Procurement \nWith respect to an agreement under paragraph (1) that provides funds for the procurement of a radioprotectant, the Secretary may use the same authorities as are described in section 319F–2(c)(7) of the Public Health Service Act. (C) Conditions \nAn agreement under paragraph (1) may contain such reasonable conditions in addition to the conditions required in paragraph (2) as the Secretary determines to be appropriate, including— (i) the condition that the final procurement be contingent upon approval of the radioprotectants by the Food and Drug Administration, subject to section 564 of the Federal Food, Drug, and Cosmetic Act; and (ii) the condition that the company or companies that produce such radioprotectants may be required to assume the development costs of improvements to the radioprotectants.", "id": "H837DF58941E040B29346E01DB5A73321", "header": "Development and procurement", "nested": [], "links": [] } ], "links": [] } ]

[ "Homeland Security Committee", "Energy and Commerce Committee", "Armed Services Committee" ]

[ { "text": "1. Monthly Bonus for Members of the Armed Forces Subject to Stop-Loss Orders \n(a) Stop-loss order bonus \nChapter 5 of title 37, United States Code, is amended by adding at the end the following new section: 327 Special pay: monthly bonus for members subject to stop-loss orders \n(a) Monthly bonus \nThe Secretary of a military department shall pay a monthly stop-loss order bonus to each member of the Armed Forces described in subsection (b) under the jurisdiction of the Secretary. (b) Eligible members \nAn eligible member referred to in subsection (a) is a member— (1) who is subject to a stop-loss order issued since October 1, 2001; and (2) whose ability to retire or be separated from the Armed Forces is suspended as a result of the order. (c) Amount of bonus \n(1) Monthly rate \nThe monthly rate of the bonus payable under this section is $500. (2) Pro rata payment \nIf a member entitled to a bonus under this section is not subject to a stop-loss order for an entire month, the Secretary shall pay the member a pro rata portion of the bonus for those days of the month for which the member was subject to the order. (d) Relationship to other pay or allowance \nA bonus under this section is in addition to any other pay or allowance payable to a member under any other provision of law.. (b) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by adding at the end the following new item: 327. Special pay: monthly bonus for members subject to stop-loss orders. (c) Retroactivity \nThe Secretary of a military department shall take such action as is necessary to ensure that a member of the Armed Forces under the jurisdiction of the Secretary who satisfied the criteria for eligibility for a stop-loss order bonus under section 327 of title 37, United States Code, as added by subsection (a), for any month between October 1, 2001, and the effective date of this section, receives the bonus for those months during which the member satisfied such criteria. (d) Effective date \nThe amendments made by this section shall take effect on the first day of the first month beginning on or after the date of the enactment of this section.", "id": "H6050FEF6B77049F8BDC71F9FBBC6C8E", "header": "Monthly Bonus for Members of the Armed Forces Subject to Stop-Loss Orders", "nested": [ { "text": "(a) Stop-loss order bonus \nChapter 5 of title 37, United States Code, is amended by adding at the end the following new section: 327 Special pay: monthly bonus for members subject to stop-loss orders \n(a) Monthly bonus \nThe Secretary of a military department shall pay a monthly stop-loss order bonus to each member of the Armed Forces described in subsection (b) under the jurisdiction of the Secretary. (b) Eligible members \nAn eligible member referred to in subsection (a) is a member— (1) who is subject to a stop-loss order issued since October 1, 2001; and (2) whose ability to retire or be separated from the Armed Forces is suspended as a result of the order. (c) Amount of bonus \n(1) Monthly rate \nThe monthly rate of the bonus payable under this section is $500. (2) Pro rata payment \nIf a member entitled to a bonus under this section is not subject to a stop-loss order for an entire month, the Secretary shall pay the member a pro rata portion of the bonus for those days of the month for which the member was subject to the order. (d) Relationship to other pay or allowance \nA bonus under this section is in addition to any other pay or allowance payable to a member under any other provision of law..", "id": "HC1732B77EA9F4686BCAEA100E42062E2", "header": "Stop-loss order bonus", "nested": [], "links": [ { "text": "Chapter 5", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/37/5" } ] }, { "text": "(b) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by adding at the end the following new item: 327. Special pay: monthly bonus for members subject to stop-loss orders.", "id": "HB7ACE206ED6343878100FCA3E2866E7C", "header": "Clerical amendment", "nested": [], "links": [] }, { "text": "(c) Retroactivity \nThe Secretary of a military department shall take such action as is necessary to ensure that a member of the Armed Forces under the jurisdiction of the Secretary who satisfied the criteria for eligibility for a stop-loss order bonus under section 327 of title 37, United States Code, as added by subsection (a), for any month between October 1, 2001, and the effective date of this section, receives the bonus for those months during which the member satisfied such criteria.", "id": "H798AF577D8C4413A94FFAC29478093EB", "header": "Retroactivity", "nested": [], "links": [ { "text": "section 327", "legal-doc": "usc", "parsable-cite": "usc/37/327" } ] }, { "text": "(d) Effective date \nThe amendments made by this section shall take effect on the first day of the first month beginning on or after the date of the enactment of this section.", "id": "H843B46D8D5EF49D6B13ECC738EBD522", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Chapter 5", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/37/5" }, { "text": "section 327", "legal-doc": "usc", "parsable-cite": "usc/37/327" } ] }, { "text": "327 Special pay: monthly bonus for members subject to stop-loss orders \n(a) Monthly bonus \nThe Secretary of a military department shall pay a monthly stop-loss order bonus to each member of the Armed Forces described in subsection (b) under the jurisdiction of the Secretary. (b) Eligible members \nAn eligible member referred to in subsection (a) is a member— (1) who is subject to a stop-loss order issued since October 1, 2001; and (2) whose ability to retire or be separated from the Armed Forces is suspended as a result of the order. (c) Amount of bonus \n(1) Monthly rate \nThe monthly rate of the bonus payable under this section is $500. (2) Pro rata payment \nIf a member entitled to a bonus under this section is not subject to a stop-loss order for an entire month, the Secretary shall pay the member a pro rata portion of the bonus for those days of the month for which the member was subject to the order. (d) Relationship to other pay or allowance \nA bonus under this section is in addition to any other pay or allowance payable to a member under any other provision of law.", "id": "H191888D9170C40AE9519FFE91FF0BCB6", "header": "Special pay: monthly bonus for members subject to stop-loss orders", "nested": [ { "text": "(a) Monthly bonus \nThe Secretary of a military department shall pay a monthly stop-loss order bonus to each member of the Armed Forces described in subsection (b) under the jurisdiction of the Secretary.", "id": "H56B29097E1194F3491B55170A2BEC812", "header": "Monthly bonus", "nested": [], "links": [] }, { "text": "(b) Eligible members \nAn eligible member referred to in subsection (a) is a member— (1) who is subject to a stop-loss order issued since October 1, 2001; and (2) whose ability to retire or be separated from the Armed Forces is suspended as a result of the order.", "id": "H4B72149FD9154F3E81253546D0D4B62B", "header": "Eligible members", "nested": [], "links": [] }, { "text": "(c) Amount of bonus \n(1) Monthly rate \nThe monthly rate of the bonus payable under this section is $500. (2) Pro rata payment \nIf a member entitled to a bonus under this section is not subject to a stop-loss order for an entire month, the Secretary shall pay the member a pro rata portion of the bonus for those days of the month for which the member was subject to the order.", "id": "H440E712015F849AF9832DD69D751F289", "header": "Amount of bonus", "nested": [], "links": [] }, { "text": "(d) Relationship to other pay or allowance \nA bonus under this section is in addition to any other pay or allowance payable to a member under any other provision of law.", "id": "HBA25D7AFCE334A689FEB00C910D2BCE", "header": "Relationship to other pay or allowance", "nested": [], "links": [] } ], "links": [] } ]

[ "Armed Services Committee" ]

[ { "text": "1. Maintenance and expansion of steel import licensing and monitoring program \n(a) Maintenance of Program \nThe steel import licensing and monitoring program established by the Secretary of the Treasury and the Secretary of Commerce pursuant to the Memorandum signed by the President on March 5, 2002 (67 Fed. Reg. 10593 through 10597) (pursuant to the authority of the President under section 203(g) of the Trade Act of 1974), shall, notwithstanding any other action taken by the President under section 203 of the Trade Act of 1974 concerning the steel products described in the Memorandum, remain in effect and be established by the Secretary of Commerce as a permanent program. (b) Expansion of program \n(1) In general \nIn carrying out the program in accordance with subsection (a), the Secretary of the Treasury and the Secretary of Commerce shall expand the program to include all iron and steel, and all articles of iron or steel, described in paragraph (2). The import and licensing data made available to the public as part of this program shall be released based upon classifications at the tenth digit level of the Harmonized Tariff Schedule of the United States. (2) Iron and steel described \nThe iron and steel, and articles of iron or steel, referred to in subparagraph (A) are the iron and steel, and articles of iron or steel, contained in the following headings and subheadings of the Harmonized Tariff Schedule of the United States: (A) Each of the headings 7206 through 7229 (relating to mill products). (B) Each of the headings 7301 through 7307 (relating to rails, structurals, pipe and tubes, and fittings and flanges). (C) Heading 7308 (relating to fabricated structurals). (D) Subheading 7310.10.00 (relating to barrels and drums). (E) Heading 7312 (relating to strand and rope). (F) Heading 7313.00.00 (relating to barbed and fence wire). (G) Headings 7314, 7315, and 7317.00 (relating to fabricated wire). (H) Heading 7318 (relating to industrial fasteners). (I) Heading 7326 (relating to fence posts). (c) Additional Authority \nThe Secretary of the Treasury and the Secretary of Commerce are hereby authorized and directed to take such actions as are necessary— (1) to maintain the program described in subsection (a) in accordance with such subsection; and (2) to expand, as necessary and appropriate, such program in accordance with subsection (b).", "id": "H50207C05C2674A0E9D2B4708A69F9DCF", "header": "Maintenance and expansion of steel import licensing and monitoring program", "nested": [ { "text": "(a) Maintenance of Program \nThe steel import licensing and monitoring program established by the Secretary of the Treasury and the Secretary of Commerce pursuant to the Memorandum signed by the President on March 5, 2002 (67 Fed. Reg. 10593 through 10597) (pursuant to the authority of the President under section 203(g) of the Trade Act of 1974), shall, notwithstanding any other action taken by the President under section 203 of the Trade Act of 1974 concerning the steel products described in the Memorandum, remain in effect and be established by the Secretary of Commerce as a permanent program.", "id": "H631787BB883440D49E0790630413E373", "header": "Maintenance of Program", "nested": [], "links": [] }, { "text": "(b) Expansion of program \n(1) In general \nIn carrying out the program in accordance with subsection (a), the Secretary of the Treasury and the Secretary of Commerce shall expand the program to include all iron and steel, and all articles of iron or steel, described in paragraph (2). The import and licensing data made available to the public as part of this program shall be released based upon classifications at the tenth digit level of the Harmonized Tariff Schedule of the United States. (2) Iron and steel described \nThe iron and steel, and articles of iron or steel, referred to in subparagraph (A) are the iron and steel, and articles of iron or steel, contained in the following headings and subheadings of the Harmonized Tariff Schedule of the United States: (A) Each of the headings 7206 through 7229 (relating to mill products). (B) Each of the headings 7301 through 7307 (relating to rails, structurals, pipe and tubes, and fittings and flanges). (C) Heading 7308 (relating to fabricated structurals). (D) Subheading 7310.10.00 (relating to barrels and drums). (E) Heading 7312 (relating to strand and rope). (F) Heading 7313.00.00 (relating to barbed and fence wire). (G) Headings 7314, 7315, and 7317.00 (relating to fabricated wire). (H) Heading 7318 (relating to industrial fasteners). (I) Heading 7326 (relating to fence posts).", "id": "H02EE101179714AEC9FA50071EE97C240", "header": "Expansion of program", "nested": [], "links": [] }, { "text": "(c) Additional Authority \nThe Secretary of the Treasury and the Secretary of Commerce are hereby authorized and directed to take such actions as are necessary— (1) to maintain the program described in subsection (a) in accordance with such subsection; and (2) to expand, as necessary and appropriate, such program in accordance with subsection (b).", "id": "H79B95CF0273B40F9BBDFD945855087C5", "header": "Additional Authority", "nested": [], "links": [] } ], "links": [] } ]

[ "Ways and Means Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H414AD6DF7AAE46E9BCB8C807E8A19C82", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Attacks against railroad carriers and mass transportation systems \n(a) In general \nChapter 97 of title 18, United States Code, is amended by striking sections 1992 through 1993 and inserting the following: 1992. Terrorist attacks and other violence against railroad carriers and against mass transportation systems on land, on water, or through the air \n(a) General prohibitions \nWhoever, in a circumstance described in subsection (c), knowingly— (1) wrecks, derails, sets fire to, or disables railroad on-track equipment or a mass transportation vehicle; (2) with intent to endanger the safety of any passenger or employee of a railroad carrier or mass transportation provider, or with a reckless disregard for the safety of human life, and without previously obtaining the permission of the railroad carrier— (A) places any biological agent or toxin, destructive substance, or destructive device in, upon, or near railroad on-track equipment or a mass transportation vehicle; or (B) releases a hazardous material or a biological agent or toxin on or near the property of a railroad carrier or mass transportation provider; (3) sets fire to, undermines, makes unworkable, unusable, or hazardous to work on or use, or places any biological agent or toxin, destructive substance, or destructive device in, upon, or near any— (A) tunnel, bridge, viaduct, trestle, track, electromagnetic guideway, signal, station, depot, warehouse, terminal, or any other way, structure, property, or appurtenance used in the operation of, or in support of the operation of, a railroad carrier, without previously obtaining the permission of the railroad carrier, and with intent to, or knowing or having reason to know such activity would likely, derail, disable, or wreck railroad on-track equipment; (B) garage, terminal, structure, track, electromagnetic guideway, supply, or facility used in the operation of, or in support of the operation of, a mass transportation vehicle, without previously obtaining the permission of the mass transportation provider, and with intent to, or knowing or having reason to know such activity would likely, derail, disable, or wreck a mass transportation vehicle used, operated, or employed by a mass transportation provider; or (4) removes an appurtenance from, damages, or otherwise impairs the operation of a railroad signal system or mass transportation signal or dispatching system, including a train control system, centralized dispatching system, or highway-railroad grade crossing warning signal, without authorization from the rail carrier or mass transportation provider; (5) with intent to endanger the safety of any passenger or employee of a railroad carrier or mass transportation provider or with a reckless disregard for the safety of human life, interferes with, disables, or incapacitates any dispatcher, driver, captain, locomotive engineer, railroad conductor, or other person while the person is employed in dispatching, operating, or maintaining railroad on-track equipment or a mass transportation vehicle; (6) engages in conduct, including the use of a dangerous weapon, with the intent to cause death or serious bodily injury to any person who is on the property of a railroad carrier or mass transportation provider that is used for railroad or mass transportation purposes; (7) conveys false information, knowing the information to be false, concerning an attempt or alleged attempt that was made, is being made, or is to be made, to engage in a violation of this subsection; or (8) attempts, threatens, or conspires to engage in any violation of any of paragraphs (1) through (8); shall be fined under this title or imprisoned not more than 20 years, or both. (b) Aggravated offense \nWhoever commits an offense under subsection (a) of this section in a circumstance in which— (1) the railroad on-track equipment or mass transportation vehicle was carrying a passenger or employee at the time of the offense; (2) the railroad on-track equipment or mass transportation vehicle was carrying high-level radioactive waste or spent nuclear fuel at the time of the offense; (3) the railroad on-track equipment or mass transportation vehicle was carrying a hazardous material at the time of the offense that— (A) was required to be placarded under subpart F of part 172 of title 49, Code of Federal Regulations; and (B) is identified as class number 3, 4, 5, 6.1, or 8 and packing group I or packing group II, or class number 1, 2, or 7 under the hazardous materials table of section 172.101 of title 49, Code of Federal Regulations; or (4) the offense results in the death of any person; shall be fined under this title or imprisoned for any term of years or life, or both. In the case of a violation described in paragraph (2), the term of imprisonment shall be not less than 30 years; and, in the case of a violation described in paragraph (4), the offender shall be fined under this title and imprisoned for life and be subject to the death penalty. (c) Circumstances Required for Offense \nA circumstance referred to in subsection (a) is any of the following: (1) Any of the conduct required for the offense is, or, in the case of an attempt, threat, or conspiracy to engage in conduct, the conduct required for the completed offense would be, engaged in, on, against, or affecting a mass transportation provider or railroad carrier engaged in or affecting interstate or foreign commerce. (2) Any person travels or communicates across a State line in order to commit the offense, or transports materials across a State line in aid of the commission of the offense. (d) Nonapplicability \nSubsection (a) does not apply to the conduct with respect to a destructive substance or destructive device that is also classified under chapter 51 of title 49 as a hazardous material in commerce if the conduct— (1) complies with chapter 51 of title 49 and regulations, exemptions, approvals, and orders issued under that chapter, or (2) constitutes a violation, other than a criminal violation, of chapter 51 of title 49 or a regulation or order issued under that chapter. (e) Definitions \nIn this section— (1) the term biological agent has the meaning given to that term in section 178(1); (2) the term dangerous weapon means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, including a pocket knife with a blade of less than 2 1/2 inches in length and a box cutter; (3) the term destructive device has the meaning given to that term in section 921(a)(4); (4) the term destructive substance means an explosive substance, flammable material, infernal machine, or other chemical, mechanical, or radioactive device or material, or matter of a combustible, contaminative, corrosive, or explosive nature, except that the term radioactive device does not include any radioactive device or material used solely for medical, industrial, research, or other peaceful purposes; (5) the term hazardous material has the meaning given to that term in chapter 51 of title 49; (6) the term high-level radioactive waste has the meaning given to that term in section 2(12) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101(12) ); (7) the term mass transportation has the meaning given to that term in section 5302(a)(7) of title 49, except that the term includes school bus, charter, and sightseeing transportation; (8) the term on-track equipment means a carriage or other contrivance that runs on rails or electromagnetic guideways; (9) the term railroad on-track equipment means a train, locomotive, tender, motor unit, freight or passenger car, or other on-track equipment used, operated, or employed by a railroad carrier; (10) the term railroad has the meaning given to that term in chapter 201 of title 49; (11) the term railroad carrier has the meaning given to that term in chapter 201 of title 49; (12) the term serious bodily injury has the meaning given to that term in section 1365; (13) the term spent nuclear fuel has the meaning given to that term in section 2(23) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101(23) ); (14) the term State has the meaning given to that term in section 2266; (15) the term toxin has the meaning given to that term in section 178(2); and (16) the term vehicle means any carriage or other contrivance used, or capable of being used, as a means of transportation on land, on water, or through the air.. (b) Conforming amendments \n(1) The table of sections at the beginning of chapter 97 of title 18, United States Code, is amended— (A) by striking RAILROADS in the chapter heading and inserting RAILROAD CARRIERS AND MASS TRANSPORTATION SYSTEMS ON LAND, ON WATER, OR THROUGH THE AIR ; (B) by striking the items relating to sections 1992 and 1993; and (C) by inserting after the item relating to section 1991 the following: 1992. Terrorist attacks and other violence against railroad carriers and against mass transportation systems on land, on water, or through the air. (2) The table of chapters at the beginning of part I of title 18, United States Code, is amended by striking the item relating to chapter 97 and inserting the following: 97. Railroad carriers and mass transportation systems on land, on water, or through the air 1991. (3) Title 18, United States Code, is amended— (A) in section 2332b(g)(5)(B)(i), by striking 1992 (relating to wrecking trains), 1993 (relating to terrorist attacks and other acts of violence against mass transportation systems), and inserting 1992 (relating to terrorist attacks and other acts of violence against railroad carriers and against mass transportation systems on land, on water, or through the air), ; (B) in section 2339A, by striking 1993, ; and (C) in section 2516(1)(c) by striking 1992 (relating to wrecking trains), and inserting 1992 (relating to terrorist attacks and other acts of violence against railroad carriers and against mass transportation systems on land, on water, or through the air),.", "id": "HECDE31A052CC421BAB0041660224B381", "header": "Attacks against railroad carriers and mass transportation systems", "nested": [ { "text": "(a) In general \nChapter 97 of title 18, United States Code, is amended by striking sections 1992 through 1993 and inserting the following: 1992. Terrorist attacks and other violence against railroad carriers and against mass transportation systems on land, on water, or through the air \n(a) General prohibitions \nWhoever, in a circumstance described in subsection (c), knowingly— (1) wrecks, derails, sets fire to, or disables railroad on-track equipment or a mass transportation vehicle; (2) with intent to endanger the safety of any passenger or employee of a railroad carrier or mass transportation provider, or with a reckless disregard for the safety of human life, and without previously obtaining the permission of the railroad carrier— (A) places any biological agent or toxin, destructive substance, or destructive device in, upon, or near railroad on-track equipment or a mass transportation vehicle; or (B) releases a hazardous material or a biological agent or toxin on or near the property of a railroad carrier or mass transportation provider; (3) sets fire to, undermines, makes unworkable, unusable, or hazardous to work on or use, or places any biological agent or toxin, destructive substance, or destructive device in, upon, or near any— (A) tunnel, bridge, viaduct, trestle, track, electromagnetic guideway, signal, station, depot, warehouse, terminal, or any other way, structure, property, or appurtenance used in the operation of, or in support of the operation of, a railroad carrier, without previously obtaining the permission of the railroad carrier, and with intent to, or knowing or having reason to know such activity would likely, derail, disable, or wreck railroad on-track equipment; (B) garage, terminal, structure, track, electromagnetic guideway, supply, or facility used in the operation of, or in support of the operation of, a mass transportation vehicle, without previously obtaining the permission of the mass transportation provider, and with intent to, or knowing or having reason to know such activity would likely, derail, disable, or wreck a mass transportation vehicle used, operated, or employed by a mass transportation provider; or (4) removes an appurtenance from, damages, or otherwise impairs the operation of a railroad signal system or mass transportation signal or dispatching system, including a train control system, centralized dispatching system, or highway-railroad grade crossing warning signal, without authorization from the rail carrier or mass transportation provider; (5) with intent to endanger the safety of any passenger or employee of a railroad carrier or mass transportation provider or with a reckless disregard for the safety of human life, interferes with, disables, or incapacitates any dispatcher, driver, captain, locomotive engineer, railroad conductor, or other person while the person is employed in dispatching, operating, or maintaining railroad on-track equipment or a mass transportation vehicle; (6) engages in conduct, including the use of a dangerous weapon, with the intent to cause death or serious bodily injury to any person who is on the property of a railroad carrier or mass transportation provider that is used for railroad or mass transportation purposes; (7) conveys false information, knowing the information to be false, concerning an attempt or alleged attempt that was made, is being made, or is to be made, to engage in a violation of this subsection; or (8) attempts, threatens, or conspires to engage in any violation of any of paragraphs (1) through (8); shall be fined under this title or imprisoned not more than 20 years, or both. (b) Aggravated offense \nWhoever commits an offense under subsection (a) of this section in a circumstance in which— (1) the railroad on-track equipment or mass transportation vehicle was carrying a passenger or employee at the time of the offense; (2) the railroad on-track equipment or mass transportation vehicle was carrying high-level radioactive waste or spent nuclear fuel at the time of the offense; (3) the railroad on-track equipment or mass transportation vehicle was carrying a hazardous material at the time of the offense that— (A) was required to be placarded under subpart F of part 172 of title 49, Code of Federal Regulations; and (B) is identified as class number 3, 4, 5, 6.1, or 8 and packing group I or packing group II, or class number 1, 2, or 7 under the hazardous materials table of section 172.101 of title 49, Code of Federal Regulations; or (4) the offense results in the death of any person; shall be fined under this title or imprisoned for any term of years or life, or both. In the case of a violation described in paragraph (2), the term of imprisonment shall be not less than 30 years; and, in the case of a violation described in paragraph (4), the offender shall be fined under this title and imprisoned for life and be subject to the death penalty. (c) Circumstances Required for Offense \nA circumstance referred to in subsection (a) is any of the following: (1) Any of the conduct required for the offense is, or, in the case of an attempt, threat, or conspiracy to engage in conduct, the conduct required for the completed offense would be, engaged in, on, against, or affecting a mass transportation provider or railroad carrier engaged in or affecting interstate or foreign commerce. (2) Any person travels or communicates across a State line in order to commit the offense, or transports materials across a State line in aid of the commission of the offense. (d) Nonapplicability \nSubsection (a) does not apply to the conduct with respect to a destructive substance or destructive device that is also classified under chapter 51 of title 49 as a hazardous material in commerce if the conduct— (1) complies with chapter 51 of title 49 and regulations, exemptions, approvals, and orders issued under that chapter, or (2) constitutes a violation, other than a criminal violation, of chapter 51 of title 49 or a regulation or order issued under that chapter. (e) Definitions \nIn this section— (1) the term biological agent has the meaning given to that term in section 178(1); (2) the term dangerous weapon means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, including a pocket knife with a blade of less than 2 1/2 inches in length and a box cutter; (3) the term destructive device has the meaning given to that term in section 921(a)(4); (4) the term destructive substance means an explosive substance, flammable material, infernal machine, or other chemical, mechanical, or radioactive device or material, or matter of a combustible, contaminative, corrosive, or explosive nature, except that the term radioactive device does not include any radioactive device or material used solely for medical, industrial, research, or other peaceful purposes; (5) the term hazardous material has the meaning given to that term in chapter 51 of title 49; (6) the term high-level radioactive waste has the meaning given to that term in section 2(12) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101(12) ); (7) the term mass transportation has the meaning given to that term in section 5302(a)(7) of title 49, except that the term includes school bus, charter, and sightseeing transportation; (8) the term on-track equipment means a carriage or other contrivance that runs on rails or electromagnetic guideways; (9) the term railroad on-track equipment means a train, locomotive, tender, motor unit, freight or passenger car, or other on-track equipment used, operated, or employed by a railroad carrier; (10) the term railroad has the meaning given to that term in chapter 201 of title 49; (11) the term railroad carrier has the meaning given to that term in chapter 201 of title 49; (12) the term serious bodily injury has the meaning given to that term in section 1365; (13) the term spent nuclear fuel has the meaning given to that term in section 2(23) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101(23) ); (14) the term State has the meaning given to that term in section 2266; (15) the term toxin has the meaning given to that term in section 178(2); and (16) the term vehicle means any carriage or other contrivance used, or capable of being used, as a means of transportation on land, on water, or through the air..", "id": "H1BE8E1FCDC844F44A3F16246C779B1D2", "header": "In general", "nested": [], "links": [ { "text": "Chapter 97", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/97" }, { "text": "section 172.101", "legal-doc": "cfr", "parsable-cite": "cfr/49/172.101" }, { "text": "chapter 51", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/51" }, { "text": "chapter 51", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/51" }, { "text": "chapter 51", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/51" }, { "text": "chapter 51", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/51" }, { "text": "42 U.S.C. 10101(12)", "legal-doc": "usc", "parsable-cite": "usc/42/10101" }, { "text": "section 5302(a)(7)", "legal-doc": "usc", "parsable-cite": "usc/49/5302" }, { "text": "chapter 201", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/201" }, { "text": "chapter 201", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/201" }, { "text": "42 U.S.C. 10101(23)", "legal-doc": "usc", "parsable-cite": "usc/42/10101" } ] }, { "text": "(b) Conforming amendments \n(1) The table of sections at the beginning of chapter 97 of title 18, United States Code, is amended— (A) by striking RAILROADS in the chapter heading and inserting RAILROAD CARRIERS AND MASS TRANSPORTATION SYSTEMS ON LAND, ON WATER, OR THROUGH THE AIR ; (B) by striking the items relating to sections 1992 and 1993; and (C) by inserting after the item relating to section 1991 the following: 1992. Terrorist attacks and other violence against railroad carriers and against mass transportation systems on land, on water, or through the air. (2) The table of chapters at the beginning of part I of title 18, United States Code, is amended by striking the item relating to chapter 97 and inserting the following: 97. Railroad carriers and mass transportation systems on land, on water, or through the air 1991. (3) Title 18, United States Code, is amended— (A) in section 2332b(g)(5)(B)(i), by striking 1992 (relating to wrecking trains), 1993 (relating to terrorist attacks and other acts of violence against mass transportation systems), and inserting 1992 (relating to terrorist attacks and other acts of violence against railroad carriers and against mass transportation systems on land, on water, or through the air), ; (B) in section 2339A, by striking 1993, ; and (C) in section 2516(1)(c) by striking 1992 (relating to wrecking trains), and inserting 1992 (relating to terrorist attacks and other acts of violence against railroad carriers and against mass transportation systems on land, on water, or through the air),.", "id": "HFA1B35374D1447B18136464715221C67", "header": "Conforming amendments", "nested": [], "links": [ { "text": "chapter 97", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/97" } ] } ], "links": [ { "text": "Chapter 97", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/97" }, { "text": "section 172.101", "legal-doc": "cfr", "parsable-cite": "cfr/49/172.101" }, { "text": "chapter 51", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/51" }, { "text": "chapter 51", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/51" }, { "text": "chapter 51", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/51" }, { "text": "chapter 51", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/51" }, { "text": "42 U.S.C. 10101(12)", "legal-doc": "usc", "parsable-cite": "usc/42/10101" }, { "text": "section 5302(a)(7)", "legal-doc": "usc", "parsable-cite": "usc/49/5302" }, { "text": "chapter 201", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/201" }, { "text": "chapter 201", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/201" }, { "text": "42 U.S.C. 10101(23)", "legal-doc": "usc", "parsable-cite": "usc/42/10101" }, { "text": "chapter 97", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/97" } ] }, { "text": "1992. Terrorist attacks and other violence against railroad carriers and against mass transportation systems on land, on water, or through the air \n(a) General prohibitions \nWhoever, in a circumstance described in subsection (c), knowingly— (1) wrecks, derails, sets fire to, or disables railroad on-track equipment or a mass transportation vehicle; (2) with intent to endanger the safety of any passenger or employee of a railroad carrier or mass transportation provider, or with a reckless disregard for the safety of human life, and without previously obtaining the permission of the railroad carrier— (A) places any biological agent or toxin, destructive substance, or destructive device in, upon, or near railroad on-track equipment or a mass transportation vehicle; or (B) releases a hazardous material or a biological agent or toxin on or near the property of a railroad carrier or mass transportation provider; (3) sets fire to, undermines, makes unworkable, unusable, or hazardous to work on or use, or places any biological agent or toxin, destructive substance, or destructive device in, upon, or near any— (A) tunnel, bridge, viaduct, trestle, track, electromagnetic guideway, signal, station, depot, warehouse, terminal, or any other way, structure, property, or appurtenance used in the operation of, or in support of the operation of, a railroad carrier, without previously obtaining the permission of the railroad carrier, and with intent to, or knowing or having reason to know such activity would likely, derail, disable, or wreck railroad on-track equipment; (B) garage, terminal, structure, track, electromagnetic guideway, supply, or facility used in the operation of, or in support of the operation of, a mass transportation vehicle, without previously obtaining the permission of the mass transportation provider, and with intent to, or knowing or having reason to know such activity would likely, derail, disable, or wreck a mass transportation vehicle used, operated, or employed by a mass transportation provider; or (4) removes an appurtenance from, damages, or otherwise impairs the operation of a railroad signal system or mass transportation signal or dispatching system, including a train control system, centralized dispatching system, or highway-railroad grade crossing warning signal, without authorization from the rail carrier or mass transportation provider; (5) with intent to endanger the safety of any passenger or employee of a railroad carrier or mass transportation provider or with a reckless disregard for the safety of human life, interferes with, disables, or incapacitates any dispatcher, driver, captain, locomotive engineer, railroad conductor, or other person while the person is employed in dispatching, operating, or maintaining railroad on-track equipment or a mass transportation vehicle; (6) engages in conduct, including the use of a dangerous weapon, with the intent to cause death or serious bodily injury to any person who is on the property of a railroad carrier or mass transportation provider that is used for railroad or mass transportation purposes; (7) conveys false information, knowing the information to be false, concerning an attempt or alleged attempt that was made, is being made, or is to be made, to engage in a violation of this subsection; or (8) attempts, threatens, or conspires to engage in any violation of any of paragraphs (1) through (8); shall be fined under this title or imprisoned not more than 20 years, or both.", "id": "HB95334D40A394D2BB6D208CB32E3B0A9", "header": "Terrorist attacks and other violence against railroad carriers and against mass transportation systems on land, on water, or through the air ", "nested": [ { "text": "(a) General prohibitions \nWhoever, in a circumstance described in subsection (c), knowingly— (1) wrecks, derails, sets fire to, or disables railroad on-track equipment or a mass transportation vehicle; (2) with intent to endanger the safety of any passenger or employee of a railroad carrier or mass transportation provider, or with a reckless disregard for the safety of human life, and without previously obtaining the permission of the railroad carrier— (A) places any biological agent or toxin, destructive substance, or destructive device in, upon, or near railroad on-track equipment or a mass transportation vehicle; or (B) releases a hazardous material or a biological agent or toxin on or near the property of a railroad carrier or mass transportation provider; (3) sets fire to, undermines, makes unworkable, unusable, or hazardous to work on or use, or places any biological agent or toxin, destructive substance, or destructive device in, upon, or near any— (A) tunnel, bridge, viaduct, trestle, track, electromagnetic guideway, signal, station, depot, warehouse, terminal, or any other way, structure, property, or appurtenance used in the operation of, or in support of the operation of, a railroad carrier, without previously obtaining the permission of the railroad carrier, and with intent to, or knowing or having reason to know such activity would likely, derail, disable, or wreck railroad on-track equipment; (B) garage, terminal, structure, track, electromagnetic guideway, supply, or facility used in the operation of, or in support of the operation of, a mass transportation vehicle, without previously obtaining the permission of the mass transportation provider, and with intent to, or knowing or having reason to know such activity would likely, derail, disable, or wreck a mass transportation vehicle used, operated, or employed by a mass transportation provider; or (4) removes an appurtenance from, damages, or otherwise impairs the operation of a railroad signal system or mass transportation signal or dispatching system, including a train control system, centralized dispatching system, or highway-railroad grade crossing warning signal, without authorization from the rail carrier or mass transportation provider; (5) with intent to endanger the safety of any passenger or employee of a railroad carrier or mass transportation provider or with a reckless disregard for the safety of human life, interferes with, disables, or incapacitates any dispatcher, driver, captain, locomotive engineer, railroad conductor, or other person while the person is employed in dispatching, operating, or maintaining railroad on-track equipment or a mass transportation vehicle; (6) engages in conduct, including the use of a dangerous weapon, with the intent to cause death or serious bodily injury to any person who is on the property of a railroad carrier or mass transportation provider that is used for railroad or mass transportation purposes; (7) conveys false information, knowing the information to be false, concerning an attempt or alleged attempt that was made, is being made, or is to be made, to engage in a violation of this subsection; or (8) attempts, threatens, or conspires to engage in any violation of any of paragraphs (1) through (8); shall be fined under this title or imprisoned not more than 20 years, or both.", "id": "HA2A9B3EB21B449C399BD18B7253D62C", "header": "General prohibitions", "nested": [], "links": [] } ], "links": [] } ]

[ "Judiciary Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Native American Veterans Home Loan Act of 2004.", "id": "HEAADB0D9499C52F770ADEF8782A3671", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Extension of Native American veteran housing loan pilot program \nSection 3761(c) of title 38, United States Code, is amended by striking December 31, 2005 and inserting December 31, 2010.", "id": "H1DD4DF2040F426F753A901B939037BA", "header": "Extension of Native American veteran housing loan pilot program", "nested": [], "links": [ { "text": "Section 3761(c)", "legal-doc": "usc", "parsable-cite": "usc/38/3761" } ] } ]

[ "Veterans' Affairs Committee" ]

[ { "text": "1. Time off from work to donate blood \n(a) In general \nSection 6327 of title 5, United States Code, is amended— (1) in subsection (a), by striking bone-marrow or organ and inserting bone-marrow, organ, or blood ; (2) by redesignating subsection (c) as subsection (d); and (3) by inserting after subsection (b) the following: (c) Leave under this section for the purpose of donating blood may not be granted to an employee— (1) on more than 4 occasions in a calendar year; or (2) in an amount greater than 1 day for each donation.. (b) Conforming amendments \n(1) Section heading \nThe heading for section 6327 of title 5, United States Code, is amended to read as follows: 6327. Absence in connection with serving as a bone-marrow, organ, or blood donor. (2) Analysis \nThe analysis for chapter 63 of title 5, United States Code, is amended by striking the item relating to section 6327 and inserting the following: 6327. Absence in connection with serving as a bone-marrow, organ, or blood donor.", "id": "HCAF84024CAEF4AE399A67724BE00CA88", "header": "Time off from work to donate blood", "nested": [ { "text": "(a) In general \nSection 6327 of title 5, United States Code, is amended— (1) in subsection (a), by striking bone-marrow or organ and inserting bone-marrow, organ, or blood ; (2) by redesignating subsection (c) as subsection (d); and (3) by inserting after subsection (b) the following: (c) Leave under this section for the purpose of donating blood may not be granted to an employee— (1) on more than 4 occasions in a calendar year; or (2) in an amount greater than 1 day for each donation..", "id": "H8E2ECE3CD00C4677AB59949701DA1C76", "header": "In general", "nested": [], "links": [ { "text": "Section 6327", "legal-doc": "usc", "parsable-cite": "usc/5/6327" } ] }, { "text": "(b) Conforming amendments \n(1) Section heading \nThe heading for section 6327 of title 5, United States Code, is amended to read as follows: 6327. Absence in connection with serving as a bone-marrow, organ, or blood donor. (2) Analysis \nThe analysis for chapter 63 of title 5, United States Code, is amended by striking the item relating to section 6327 and inserting the following: 6327. Absence in connection with serving as a bone-marrow, organ, or blood donor.", "id": "H89F0515478184E10B897CFE8B2CAF35E", "header": "Conforming amendments", "nested": [], "links": [ { "text": "section 6327", "legal-doc": "usc", "parsable-cite": "usc/5/6327" }, { "text": "chapter 63", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/63" } ] } ], "links": [ { "text": "Section 6327", "legal-doc": "usc", "parsable-cite": "usc/5/6327" }, { "text": "section 6327", "legal-doc": "usc", "parsable-cite": "usc/5/6327" }, { "text": "chapter 63", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/63" } ] }, { "text": "6327. Absence in connection with serving as a bone-marrow, organ, or blood donor", "id": "HF588D03F008E484DA3FA9C1543B1F1A9", "header": null, "nested": [], "links": [] } ]

[ "Oversight and Accountability Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the FAIR (Foreign Air Impact Regulation) AIR Act of 2004.", "id": "HC1BA8A4DDE414E119E43FC30DABAA189", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Delay of effective date of reclassification of nonattainment areas \n(a) Amendment \nSection 179B of the Clean Air Act ( 42 U.S.C. 7509a ) is amended by adding at the end the following: (e) Delay of effective date of reclassification \n(1) Application \nThis paragraph applies to a nonattainment area if— (A) the area is adjacent to a foreign country; and (B) the State in which the area is located, in consultation with the regional air quality authority involved, submits to the Administrator a claim that the area would have attained the national ambient air quality standard for the air pollutant involved by the applicable attainment date, but for emissions emanating from outside of the United States. (2) Delay of effective date \nThe reclassification of an area described in subparagraph (A) to a higher classification of nonattainment shall not take effect unless the Administrator finds that each of the following is satisfied: (A) The Secretary of State shall— (i) enter into negotiations with the appropriate officials of the foreign country involved, in consultation with local leaders in the nonattainment area, air quality monitoring organizations, and other appropriate public and private entities, to develop a plan for improving the air quality of the international area encompassing the nonattainment area; and (ii) submit the plan developed under clause (i) to the Congress. (B) The Administrator, taking into consideration the plan developed under clause (i), shall take such actions as may be appropriate, including the provision of assistance to local and international air quality groups, to improve the air quality of the nonattainment area.. (b) Applicability \nThe amendment made by this Act applies to the reclassification of a nonattainment area without respect to whether such reclassification occurs before the date of the enactment of this Act.", "id": "H4FBC4558BF80459FB581BEC455DA1686", "header": "Delay of effective date of reclassification of nonattainment areas", "nested": [ { "text": "(a) Amendment \nSection 179B of the Clean Air Act ( 42 U.S.C. 7509a ) is amended by adding at the end the following: (e) Delay of effective date of reclassification \n(1) Application \nThis paragraph applies to a nonattainment area if— (A) the area is adjacent to a foreign country; and (B) the State in which the area is located, in consultation with the regional air quality authority involved, submits to the Administrator a claim that the area would have attained the national ambient air quality standard for the air pollutant involved by the applicable attainment date, but for emissions emanating from outside of the United States. (2) Delay of effective date \nThe reclassification of an area described in subparagraph (A) to a higher classification of nonattainment shall not take effect unless the Administrator finds that each of the following is satisfied: (A) The Secretary of State shall— (i) enter into negotiations with the appropriate officials of the foreign country involved, in consultation with local leaders in the nonattainment area, air quality monitoring organizations, and other appropriate public and private entities, to develop a plan for improving the air quality of the international area encompassing the nonattainment area; and (ii) submit the plan developed under clause (i) to the Congress. (B) The Administrator, taking into consideration the plan developed under clause (i), shall take such actions as may be appropriate, including the provision of assistance to local and international air quality groups, to improve the air quality of the nonattainment area..", "id": "H460107A199FC45DE91AE83EBF6CB7D6D", "header": "Amendment", "nested": [], "links": [ { "text": "42 U.S.C. 7509a", "legal-doc": "usc", "parsable-cite": "usc/42/7509a" } ] }, { "text": "(b) Applicability \nThe amendment made by this Act applies to the reclassification of a nonattainment area without respect to whether such reclassification occurs before the date of the enactment of this Act.", "id": "H63A62C88E88C43D6B094DA81F4F75165", "header": "Applicability", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 7509a", "legal-doc": "usc", "parsable-cite": "usc/42/7509a" } ] } ]

[ "Energy and Commerce Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H3B8589EC9B6D4154A508647335004511", "header": "Short title", "nested": [], "links": [] }, { "text": "2. State technology improvements \n(a) Technology infrastructure improvement \nSection 7(e) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1776 ) is amended— (1) by striking Each State and inserting (1) Each State ; and (2) by adding at the end the following new paragraph: (2) Each State plan shall at a minimum include a description of how technology and information management systems will be used to improve program integrity by— (A) monitoring the nutrient content of meals served; (B) training schools and school food authorities how to utilize technology and information management systems for activities such as menu planning, collecting point of sale data, and processing applications for free and reduced price meals; (C) using electronic data to establish benchmarks to compare and monitor program integrity, program participation, and financial data across schools and school food authorities; and (D) employing methods to ensure that there shall not be any overt identification of any such child by special tokens or tickets, announced or published lists of names, or by any other means.. (b) Priority for reallocated funds \nSection 7(a)(5)(B)(ii) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1776(a)(5)(B)(ii) ) is amended by inserting after need for the amounts the following: and shall give priority consideration to States that will use the funds for improvements in technology and information management systems described in the amendment required under subsection (e)(2).. (c) Conforming amendment \nSection 7(b) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1776(b) ) is amended by striking and for staff development and inserting for staff development; and technology and information management systems.", "id": "H64123AF82C094B25AF4E2FDD95A31D24", "header": "State technology improvements", "nested": [ { "text": "(a) Technology infrastructure improvement \nSection 7(e) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1776 ) is amended— (1) by striking Each State and inserting (1) Each State ; and (2) by adding at the end the following new paragraph: (2) Each State plan shall at a minimum include a description of how technology and information management systems will be used to improve program integrity by— (A) monitoring the nutrient content of meals served; (B) training schools and school food authorities how to utilize technology and information management systems for activities such as menu planning, collecting point of sale data, and processing applications for free and reduced price meals; (C) using electronic data to establish benchmarks to compare and monitor program integrity, program participation, and financial data across schools and school food authorities; and (D) employing methods to ensure that there shall not be any overt identification of any such child by special tokens or tickets, announced or published lists of names, or by any other means..", "id": "H51C1C618D3BB4F6DA67298F99DF66747", "header": "Technology infrastructure improvement", "nested": [], "links": [ { "text": "42 U.S.C. 1776", "legal-doc": "usc", "parsable-cite": "usc/42/1776" } ] }, { "text": "(b) Priority for reallocated funds \nSection 7(a)(5)(B)(ii) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1776(a)(5)(B)(ii) ) is amended by inserting after need for the amounts the following: and shall give priority consideration to States that will use the funds for improvements in technology and information management systems described in the amendment required under subsection (e)(2)..", "id": "H9862AEA23DCB4BB486DB601179BFC860", "header": "Priority for reallocated funds", "nested": [], "links": [ { "text": "42 U.S.C. 1776(a)(5)(B)(ii)", "legal-doc": "usc", "parsable-cite": "usc/42/1776" } ] }, { "text": "(c) Conforming amendment \nSection 7(b) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1776(b) ) is amended by striking and for staff development and inserting for staff development; and technology and information management systems.", "id": "H26A3DA1F358645B0BB598F4783599C69", "header": "Conforming amendment", "nested": [], "links": [ { "text": "42 U.S.C. 1776(b)", "legal-doc": "usc", "parsable-cite": "usc/42/1776" } ] } ], "links": [ { "text": "42 U.S.C. 1776", "legal-doc": "usc", "parsable-cite": "usc/42/1776" }, { "text": "42 U.S.C. 1776(a)(5)(B)(ii)", "legal-doc": "usc", "parsable-cite": "usc/42/1776" }, { "text": "42 U.S.C. 1776(b)", "legal-doc": "usc", "parsable-cite": "usc/42/1776" } ] }, { "text": "3. Start up and expansion assistance for schools \nSection 21(a) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1796b–1(a) ) is amended— (1) in paragraph (1)(C), by striking ; and and inserting a semicolon; (2) by redesignating paragraph (2) as paragraph (3); and (3) by inserting after paragraph (1) the following: (2) shall provide assistance, on a competitive basis, to State agencies for the purpose of aiding schools and school food authorities with at least 50 percent of enrolled children certified to receive free or reduced price meals, in meeting the cost of acquiring or upgrading technology and information management systems for use in food service programs carried out under this Act and section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ) if the school or school food authority submits to the State agency an infrastructure development plan that addresses the cost savings and improvements in program integrity and operations that would result from the use of new or upgraded technology in— (A) methods to ensure that there shall not be any overt identification of any such child by special tokens or tickets, announced or published list of names, or by any other means; (B) processing and verifying applications for free and reduced price school meals; (C) integrating menu planning, production, and serving data to monitor compliance with section 9(f)(1); and (D) establishing compatibility with statewide reporting systems; and.", "id": "H89C5F23E5B2F46DA0000D62782194500", "header": "Start up and expansion assistance for schools", "nested": [], "links": [ { "text": "42 U.S.C. 1796b–1(a)", "legal-doc": "usc", "parsable-cite": "usc/42/1796b-1" }, { "text": "42 U.S.C. 1773", "legal-doc": "usc", "parsable-cite": "usc/42/1773" } ] } ]

[ "Education and the Workforce Committee" ]