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[ { "text": "1. Findings \nCongress makes the following findings: (1) Gasoline prices have risen 80 percent since January, 2002, with oil recently trading at more than $40 per barrel for the first time ever. (2) Rising gasoline prices have placed an inordinate burden on American families. (3) High gasoline prices have hindered and will continue to hinder economic recovery. (4) The Organization of Petroleum Exporting Countries (OPEC) has formed a cartel and engaged in anti-competitive practices to manipulate the price of oil, keeping it artificially high. (5) Six member nations of OPEC—Indonesia, Kuwait, Nigeria, Qatar, the United Arab Emirates and Venezuela—are also members of the World Trade Organization. (6) The agreement among OPEC member nations to limit oil exports is an illegal prohibition or restriction on the exportation or sale for export of a product under Article XI of the GATT 1994. (7) The export quotas and resulting high prices harm American families, undermine the American economy, impede American and foreign commerce, and are contrary to the national interests of the United States.", "id": "H4C601088E85542B4934852984CCCB84E", "header": "Findings", "nested": [], "links": [] }, { "text": "2. Actions to curb certain cartel anti-competitive practices \n(a) Definitions \n(1) Gatt 1994 \nThe term GATT 1994 has the meaning given such term in section 2(1)(B) of the Uruguay Round Agreements Act ( 19 U.S.C. 3501(1)(B). (2) Understanding on Rules and Procedures Governing the Settlement of Disputes \nThe term Understanding on Rules and Procedures Governing the Settlement of Disputes means the agreement described in section 101(d)(16) of the Uruguay Round Agreements Act ( 19 U.S.C. 3511(d)(16) ). (3) World Trade Organization \n(A) In general \nThe term World Trade Organization means the organization established pursuant to the WTO Agreement. (B) WTO agreement \nThe term WTO Agreement means the Agreement Establishing The World Trade Organization entered into on April 15, 1994. (b) Action by President \n(1) In general \nNotwithstanding any other provision of law, the President shall, not later than 15 days after the date of enactment of this Act, initiate consultations with the countries described in paragraph (2) to seek the elimination by those countries of any action that— (A) limits the production or distribution of oil, natural gas, or any other petroleum product, (B) sets or maintains the price of oil, natural gas, or any petroleum product, or (C) otherwise is an action in restraint of trade with respect to oil, natural gas, or any petroleum product, when such action constitutes an act, policy, or practice that is unjustifiable and burdens and restricts United States commerce. (2) Countries described \nThe countries described in this paragraph are the following: (A) Indonesia. (B) Kuwait. (C) Nigeria. (D) Qatar. (E) The United Arab Emirates. (F) Venezuela. (c) Initiation of WTO dispute proceedings \nIf the consultations described in subsection (b) are not successful with respect to any country described in subsection (b)(2), the United States Trade Representative shall, not later than 60 days after the date of enactment of this Act, institute proceedings pursuant to the Understanding on Rules and Procedures Governing the Settlement of Disputes with respect to that country and shall take appropriate action with respect to that country under the trade remedy laws of the United States.", "id": "H93A351AA357D460A85572B7C8FEB206B", "header": "Actions to curb certain cartel anti-competitive practices", "nested": [ { "text": "(a) Definitions \n(1) Gatt 1994 \nThe term GATT 1994 has the meaning given such term in section 2(1)(B) of the Uruguay Round Agreements Act ( 19 U.S.C. 3501(1)(B). (2) Understanding on Rules and Procedures Governing the Settlement of Disputes \nThe term Understanding on Rules and Procedures Governing the Settlement of Disputes means the agreement described in section 101(d)(16) of the Uruguay Round Agreements Act ( 19 U.S.C. 3511(d)(16) ). (3) World Trade Organization \n(A) In general \nThe term World Trade Organization means the organization established pursuant to the WTO Agreement. (B) WTO agreement \nThe term WTO Agreement means the Agreement Establishing The World Trade Organization entered into on April 15, 1994.", "id": "H1FADE57FC7E148FBBC44A816627839FA", "header": "Definitions", "nested": [], "links": [ { "text": "19 U.S.C. 3501(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/19/3501" }, { "text": "19 U.S.C. 3511(d)(16)", "legal-doc": "usc", "parsable-cite": "usc/19/3511" } ] }, { "text": "(b) Action by President \n(1) In general \nNotwithstanding any other provision of law, the President shall, not later than 15 days after the date of enactment of this Act, initiate consultations with the countries described in paragraph (2) to seek the elimination by those countries of any action that— (A) limits the production or distribution of oil, natural gas, or any other petroleum product, (B) sets or maintains the price of oil, natural gas, or any petroleum product, or (C) otherwise is an action in restraint of trade with respect to oil, natural gas, or any petroleum product, when such action constitutes an act, policy, or practice that is unjustifiable and burdens and restricts United States commerce. (2) Countries described \nThe countries described in this paragraph are the following: (A) Indonesia. (B) Kuwait. (C) Nigeria. (D) Qatar. (E) The United Arab Emirates. (F) Venezuela.", "id": "HA4E9559995BF4679B5011B8772D9CA75", "header": "Action by President", "nested": [], "links": [] }, { "text": "(c) Initiation of WTO dispute proceedings \nIf the consultations described in subsection (b) are not successful with respect to any country described in subsection (b)(2), the United States Trade Representative shall, not later than 60 days after the date of enactment of this Act, institute proceedings pursuant to the Understanding on Rules and Procedures Governing the Settlement of Disputes with respect to that country and shall take appropriate action with respect to that country under the trade remedy laws of the United States.", "id": "H45E577C1DD944157B23D923487FF1CD2", "header": "Initiation of WTO dispute proceedings", "nested": [], "links": [] } ], "links": [ { "text": "19 U.S.C. 3501(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/19/3501" }, { "text": "19 U.S.C. 3511(d)(16)", "legal-doc": "usc", "parsable-cite": "usc/19/3511" } ] } ]

[ "Ways and Means Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Dietary Supplement Regulatory Implementation Act of 2004.", "id": "HF6A249B16D5E4021B3ADE08B16043317", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nThe Congress finds as follows: (1) Over 158,000,000 Americans regularly consume dietary supplements to maintain and improve their health. (2) Consumer expenditures on dietary supplements reached a reported $17,100,000,000 in 2000, double the amount spent in 1994. (3) According to a recent report issued by the Food and Drug Administration ( FDA ) the use of dietary supplements is likely to grow due to factors such as the aging of the baby boom generation, increased interest in self-sufficiency, and advances in science that are uncovering new relationships between diet and disease. (4) In 1994, the Dietary Supplement Health and Education Act of 1994 ( Public Law 103–417 ) ( DSHEA ) was enacted. That Act balanced continued consumer access to vitamins, minerals, and other dietary supplements, increased scientific research on the benefits and risks of dietary supplements, public education on dietary supplements, and needed consumer protections. (5) DSHEA requires that claims made on dietary supplement labels, packaging, and accompanying material be truthful, non-misleading, and substantiated. Manufacturers are prohibited from making claims that products are intended to diagnose, treat, mitigate, cure, or prevent a disease. (6) DSHEA provides for good manufacturing practice standards setting requirements for potency, purity, sanitary conditions, and recordkeeping for dietary supplements. (7) DSHEA provides that dietary supplements are to be regulated like foods and not drugs or food additives. (8) DSHEA requires that manufacturers submit adequate information as to the safety of any new ingredients contained in dietary supplements before those products can be sold. (9) DSHEA provides the FDA with a number of powers to remove unsafe dietary supplements from the marketplace. (10) DSHEA created the Office of Dietary Supplements within the National Institutes of Health to expand research and consumer information about the health effects of dietary supplements. (11) The FDA has not adequately used its authority to enforce DSHEA. (12) The FDA needs adequate resources to appropriately implement and enforce DSHEA. Congress has appropriated additional funds over the last several years beyond those requested in the President’s budget to implement and enforce DSHEA, reaching $9,700,000 in fiscal year 2003. (13) However, according to the FDA, full implementation of DSHEA would require substantial additional resources. The FDA asserts that between $24,000,000 and $65,000,000 per year will be needed to fully implement DSHEA.", "id": "H2143500CE6CA4AE2BEE900B68F1E169D", "header": "Findings", "nested": [], "links": [ { "text": "Public Law 103–417", "legal-doc": "public-law", "parsable-cite": "pl/103/417" } ] }, { "text": "3. Authorization and appropriation of resources \n(a) Authorization of appropriations \nThere are authorized to be appropriated to carry out the Dietary Supplement Health and Education Act of 1994 ( Public Law 103–417 ), the amendments made by such Act, and all applicable regulatory requirements for dietary supplements under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. )— (1) $30,000,000 for fiscal year 2006; (2) $40,000,000 for fiscal year 2007; (3) $50,000,000 for fiscal year 2008; and (4) $65,000,000 for fiscal year 2009. (b) Appropriation of funds for fiscal year 2005 \nThere is appropriated, out of any money in the Treasury not otherwise appropriated, to carry out the Dietary Supplement Health and Education Act of 1994 ( Public Law 103–417 ), the amendments made by such Act, and all applicable regulatory requirements for dietary supplements under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ), $20,000,000 for fiscal year 2005. (c) Office of dietary supplements \n(1) Authorization of appropriations \nThere are authorized to be appropriated for expanded research and development of consumer information, including information on safety and beneficial effects, of dietary supplements by the Office of Dietary Supplements at the National Institutes of Health such sums as may be necessary for each of the fiscal years 2006 through 2009. (2) Appropriation of funds for fiscal year 2005 \nThere is appropriated, out of any money in the Treasury not otherwise appropriated, for expanded research and development of consumer information, including information on safety and beneficial effects, of dietary supplements by the Office of Dietary Supplements at the National Institutes of Health $30,000,000 for fiscal year 2005. (d) Use of funds \nThe Secretary of Health and Human Services shall fully and appropriately use the funds appropriated in subsections (b) and (c) and pursuant to subsection (a) to regulate dietary supplements.", "id": "H49EFB8997EEC468BA397C603541E0670", "header": "Authorization and appropriation of resources", "nested": [ { "text": "(a) Authorization of appropriations \nThere are authorized to be appropriated to carry out the Dietary Supplement Health and Education Act of 1994 ( Public Law 103–417 ), the amendments made by such Act, and all applicable regulatory requirements for dietary supplements under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. )— (1) $30,000,000 for fiscal year 2006; (2) $40,000,000 for fiscal year 2007; (3) $50,000,000 for fiscal year 2008; and (4) $65,000,000 for fiscal year 2009.", "id": "HE7A5455D3F0A4153A6813F0061CD5D85", "header": "Authorization of appropriations", "nested": [], "links": [ { "text": "Public Law 103–417", "legal-doc": "public-law", "parsable-cite": "pl/103/417" }, { "text": "21 U.S.C. 301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/301" } ] }, { "text": "(b) Appropriation of funds for fiscal year 2005 \nThere is appropriated, out of any money in the Treasury not otherwise appropriated, to carry out the Dietary Supplement Health and Education Act of 1994 ( Public Law 103–417 ), the amendments made by such Act, and all applicable regulatory requirements for dietary supplements under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ), $20,000,000 for fiscal year 2005.", "id": "H7D72A1D09ECE4D8CA1AB1BABBED5E29", "header": "Appropriation of funds for fiscal year 2005", "nested": [], "links": [ { "text": "Public Law 103–417", "legal-doc": "public-law", "parsable-cite": "pl/103/417" }, { "text": "21 U.S.C. 301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/301" } ] }, { "text": "(c) Office of dietary supplements \n(1) Authorization of appropriations \nThere are authorized to be appropriated for expanded research and development of consumer information, including information on safety and beneficial effects, of dietary supplements by the Office of Dietary Supplements at the National Institutes of Health such sums as may be necessary for each of the fiscal years 2006 through 2009. (2) Appropriation of funds for fiscal year 2005 \nThere is appropriated, out of any money in the Treasury not otherwise appropriated, for expanded research and development of consumer information, including information on safety and beneficial effects, of dietary supplements by the Office of Dietary Supplements at the National Institutes of Health $30,000,000 for fiscal year 2005.", "id": "H726110EECD3C4468BC48CFCB78729BAB", "header": "Office of dietary supplements", "nested": [], "links": [] }, { "text": "(d) Use of funds \nThe Secretary of Health and Human Services shall fully and appropriately use the funds appropriated in subsections (b) and (c) and pursuant to subsection (a) to regulate dietary supplements.", "id": "H81E5DDCB8BBB4894BB92682F158DD6E9", "header": "Use of funds", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 103–417", "legal-doc": "public-law", "parsable-cite": "pl/103/417" }, { "text": "21 U.S.C. 301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/301" }, { "text": "Public Law 103–417", "legal-doc": "public-law", "parsable-cite": "pl/103/417" }, { "text": "21 U.S.C. 301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/301" } ] }, { "text": "4. Annual accountability report on the regulation of dietary supplements \n(a) In general \nNot later than January 31, 2006, and annually thereafter, the Secretary shall submit a report to Congress on the implementation and enforcement of the Dietary Supplement Health and Education Act of 1994 ( Public Law 103–417 ). (b) Contents \nThe report under subsection (a) shall include the following: (1) The total funding and number of full-time equivalent personnel in the Food and Drug Administration dedicated to dietary supplement regulation over the prior fiscal year. (2) The total funding and number of full-time equivalent personnel in the Food and Drug Administration dedicated to administering adverse event reporting systems as they relate to dietary supplement regulation over the prior fiscal year. (3) The total funding and number of full-time equivalent personnel in the Food and Drug Administration dedicated to enforcement of dietary supplement labeling and claims requirements over the prior fiscal year and an explanation of their activities. (4) The total funding and number of full-time equivalent personnel in the Food and Drug Administration dedicated to good manufacturing practices inspections of dietary supplement manufacturers over the prior fiscal year and an explanation of their activities. (5) The number of good manufacturing practices inspections of dietary supplement manufacturers by the Food and Drug Administration over the prior fiscal year and a summary of the results. (6) The number of new ingredient reviews and safety reviews related to dietary supplements and the results of those reviews. (7) An explanation of all enforcement actions taken by the Food and Drug Administration and the Department of Health and Human Services related to dietary supplements over the prior fiscal year, including the number and type of actions. (8) The number of dietary supplement claims for which the Food and Drug Administration requested substantiation from the manufacturer over the prior fiscal year, and the agency’s response. (9) The number of dietary supplement claims determined to be false, misleading, or unsubstantiated by the Food and Drug Administration over the prior fiscal year. (10) The research and consumer education activities supported by the Office of Dietary Supplements of the National Institutes of Health. (11) Any recommendations for administrative or legislative actions regarding the regulation of dietary supplements. (12) Any other information regarding the regulation of dietary supplements determined appropriate by the Secretary.", "id": "HCF4353DF0D6B47DDB1A6C2D37B008310", "header": "Annual accountability report on the regulation of dietary supplements", "nested": [ { "text": "(a) In general \nNot later than January 31, 2006, and annually thereafter, the Secretary shall submit a report to Congress on the implementation and enforcement of the Dietary Supplement Health and Education Act of 1994 ( Public Law 103–417 ).", "id": "H78ACA5E6317747BE99B68C9279979FF4", "header": "In general", "nested": [], "links": [ { "text": "Public Law 103–417", "legal-doc": "public-law", "parsable-cite": "pl/103/417" } ] }, { "text": "(b) Contents \nThe report under subsection (a) shall include the following: (1) The total funding and number of full-time equivalent personnel in the Food and Drug Administration dedicated to dietary supplement regulation over the prior fiscal year. (2) The total funding and number of full-time equivalent personnel in the Food and Drug Administration dedicated to administering adverse event reporting systems as they relate to dietary supplement regulation over the prior fiscal year. (3) The total funding and number of full-time equivalent personnel in the Food and Drug Administration dedicated to enforcement of dietary supplement labeling and claims requirements over the prior fiscal year and an explanation of their activities. (4) The total funding and number of full-time equivalent personnel in the Food and Drug Administration dedicated to good manufacturing practices inspections of dietary supplement manufacturers over the prior fiscal year and an explanation of their activities. (5) The number of good manufacturing practices inspections of dietary supplement manufacturers by the Food and Drug Administration over the prior fiscal year and a summary of the results. (6) The number of new ingredient reviews and safety reviews related to dietary supplements and the results of those reviews. (7) An explanation of all enforcement actions taken by the Food and Drug Administration and the Department of Health and Human Services related to dietary supplements over the prior fiscal year, including the number and type of actions. (8) The number of dietary supplement claims for which the Food and Drug Administration requested substantiation from the manufacturer over the prior fiscal year, and the agency’s response. (9) The number of dietary supplement claims determined to be false, misleading, or unsubstantiated by the Food and Drug Administration over the prior fiscal year. (10) The research and consumer education activities supported by the Office of Dietary Supplements of the National Institutes of Health. (11) Any recommendations for administrative or legislative actions regarding the regulation of dietary supplements. (12) Any other information regarding the regulation of dietary supplements determined appropriate by the Secretary.", "id": "HACB5DE4F4357498592BFCB9353672B94", "header": "Contents", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 103–417", "legal-doc": "public-law", "parsable-cite": "pl/103/417" } ] }, { "text": "5. Dietary supplements containing ephedrine alkaloids \n(a) Findings \nThe Congress finds that— (1) dietary supplements containing ephedrine alkaloids may present a significant or unreasonable risk of illness or injury; and (2) through section 402(f) of the Federal Food, Drug, and Cosmetic Act (established by the Dietary Supplement Health and Education Act of 1994), the Congress has granted the Secretary the authority to remove from the market dietary supplements that present such a risk. (b) Sense of Congress regarding risk of illness or injury \nIt is the sense of the Congress that, in the event the Secretary determines under section 402(f) of the Federal Food, Drug, and Cosmetic Act that a dietary supplement containing ephedrine alkaloids presents a significant or unreasonable risk of illness or injury— (1) all dietary supplements containing such alkaloids should be declared to be adulterated in accordance with such section; and (2) the Secretary should take all necessary actions to remove all such supplements from the market. (c) Sense of Congress regarding botanical sources \nIt is the sense of the Congress that the Secretary should take steps to assure the continued availability of botanical sources of ephedrine alkaloids that— (1) are in forms that have not been manipulated or chemically altered to increase their ephedrine alkaloid concentration or content; (2) are marketed at dosages that are substantiated to be at levels used in traditional herbal formulas; and (3) are labeled only for traditional uses and not for weight loss or energy.", "id": "H772648BB16F94C63AA5C71D65787EF00", "header": "Dietary supplements containing ephedrine alkaloids", "nested": [ { "text": "(a) Findings \nThe Congress finds that— (1) dietary supplements containing ephedrine alkaloids may present a significant or unreasonable risk of illness or injury; and (2) through section 402(f) of the Federal Food, Drug, and Cosmetic Act (established by the Dietary Supplement Health and Education Act of 1994), the Congress has granted the Secretary the authority to remove from the market dietary supplements that present such a risk.", "id": "H6D1AC3673D604538B1E0CD1457D1C057", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Sense of Congress regarding risk of illness or injury \nIt is the sense of the Congress that, in the event the Secretary determines under section 402(f) of the Federal Food, Drug, and Cosmetic Act that a dietary supplement containing ephedrine alkaloids presents a significant or unreasonable risk of illness or injury— (1) all dietary supplements containing such alkaloids should be declared to be adulterated in accordance with such section; and (2) the Secretary should take all necessary actions to remove all such supplements from the market.", "id": "HD074CE78C1344156951D698F16F0E7FC", "header": "Sense of Congress regarding risk of illness or injury", "nested": [], "links": [] }, { "text": "(c) Sense of Congress regarding botanical sources \nIt is the sense of the Congress that the Secretary should take steps to assure the continued availability of botanical sources of ephedrine alkaloids that— (1) are in forms that have not been manipulated or chemically altered to increase their ephedrine alkaloid concentration or content; (2) are marketed at dosages that are substantiated to be at levels used in traditional herbal formulas; and (3) are labeled only for traditional uses and not for weight loss or energy.", "id": "HD8CAC5F763514E3298572017C412C429", "header": "Sense of Congress regarding botanical sources", "nested": [], "links": [] } ], "links": [] }, { "text": "6. Education programs regarding dietary supplements \n(a) Health care professionals \n(1) In general \nThe Secretary shall carry out a program to educate health professionals on the safety and health benefits of dietary supplements, including the potential for dietary supplement/drug interactions. (2) Authorization of appropriations \nFor the purpose of carrying out paragraph (1), there is authorized to be appropriated $5,000,000 for fiscal year 2005, in addition to any other authorization of appropriations that is available with respect to such purpose. (b) Consumers \n(1) In general \nThe Secretary shall carry out a program to educate consumers of dietary supplements on the safety and health benefits of the dietary supplements, including the potential for dietary supplement/drug interactions through public education forums, advertisements, and the Internet. (2) Authorization of appropriations \nFor the purpose of carrying out paragraph (1), there is authorized to be appropriated $5,000,000 for fiscal year 2005, in addition to any other authorization of appropriations that is available with respect to such purpose.", "id": "H84E54238876140CABF26B3F5361854DD", "header": "Education programs regarding dietary supplements", "nested": [ { "text": "(a) Health care professionals \n(1) In general \nThe Secretary shall carry out a program to educate health professionals on the safety and health benefits of dietary supplements, including the potential for dietary supplement/drug interactions. (2) Authorization of appropriations \nFor the purpose of carrying out paragraph (1), there is authorized to be appropriated $5,000,000 for fiscal year 2005, in addition to any other authorization of appropriations that is available with respect to such purpose.", "id": "H3B6B7B64A66D4751875B9E1B7611BFAF", "header": "Health care professionals", "nested": [], "links": [] }, { "text": "(b) Consumers \n(1) In general \nThe Secretary shall carry out a program to educate consumers of dietary supplements on the safety and health benefits of the dietary supplements, including the potential for dietary supplement/drug interactions through public education forums, advertisements, and the Internet. (2) Authorization of appropriations \nFor the purpose of carrying out paragraph (1), there is authorized to be appropriated $5,000,000 for fiscal year 2005, in addition to any other authorization of appropriations that is available with respect to such purpose.", "id": "H5409B26910254A7EAF87F348E0AFD25", "header": "Consumers", "nested": [], "links": [] } ], "links": [] }, { "text": "7. Adverse event reporting system \nThe Secretary shall establish a system for the requirements for the reporting of serious adverse experiences associated with the use of a dietary supplement received by the manufacturer, packer, or distributor whose name appears on the label of the product.", "id": "H7245F6E578CC401CAD5835154ECA4188", "header": "Adverse event reporting system", "nested": [], "links": [] }, { "text": "8. Definition \nFor purposes of this Act, the term Secretary means the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs.", "id": "H070475210DE8400A000081E245312C00", "header": "Definition", "nested": [], "links": [] } ]

[ "Energy and Commerce Committee" ]

[ { "text": "1. Modification of Prohibition \nSection 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999 (as contained in section 101(b) of division A of Public Law 105–277 ; 112 Stat 2681–88) is amended— (1) in subsection (a), by striking by a designated national ; (2) in subsection (b), by striking by a designated national or its successor-in-interest ; (3) by redesignating subsection (d) as subsection (e); (4) by inserting after subsection (c) the following: (d) Subsections (a)(2) and (b) of this section shall apply only if the person or entity asserting the rights knew or had reason to know at the time when the person or entity acquired the rights asserted that the mark, trade name, or commercial name was the same as or substantially similar to a mark, trade name, or commercial name that was used in connection with a business or assets that were confiscated. ; and (5) in subsection (e), as so redesignated, by striking In this section: and all that follows through (2) The term and inserting In this section, the term.", "id": "H7508AC9B88774EA5A22343DCD9D983E2", "header": "Modification of Prohibition", "nested": [], "links": [ { "text": "Public Law 105–277", "legal-doc": "public-law", "parsable-cite": "pl/105/277" } ] } ]

[ "Judiciary Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HD48B762181EC4742AFA22CE089C00023", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Elimination of inflation adjustment for phaseout of section 29 credit; termination of extension of credit for facilities producing synthetic fuels from coal \n(a) Elimination of inflation adjustment for credit phaseout \n(1) In general \nParagraph (2) of section 29(b) of the Internal Revenue Code of 1986 is amended by striking and the $23.50 and $6 amounts in paragraph (1) shall each and inserting shall. (2) Clerical amendment \nThe heading of such paragraph is amended by striking and phaseout adjustment. (b) Termination of extension of credit for facilities producing synthetic fuels from coal \nParagraph (1) of section 29(g) of the Internal Revenue Code of 1986 (relating to extension for certain facilities) is amended by striking subparagraph (B)(ii) or (C) of subsection (c)(1) and inserting subsection (c)(1)(B)(ii). (c) Effective dates \n(1) Subsection (a) \nThe amendments made by subsection (a) shall apply to qualified fuels sold in taxable years beginning after the date of the enactment of this Act. (2) Subsection (b) \nThe amendments made by subsection (b) shall apply to qualified fuels sold after the date of the enactment of this Act, in taxable years ending after such date.", "id": "H968E687A57644CBFA1263EEFC8D42452", "header": "Elimination of inflation adjustment for phaseout of section 29 credit; termination of extension of credit for facilities producing synthetic fuels from coal", "nested": [ { "text": "(a) Elimination of inflation adjustment for credit phaseout \n(1) In general \nParagraph (2) of section 29(b) of the Internal Revenue Code of 1986 is amended by striking and the $23.50 and $6 amounts in paragraph (1) shall each and inserting shall. (2) Clerical amendment \nThe heading of such paragraph is amended by striking and phaseout adjustment.", "id": "H5F83D39C4D364B999FE4926ED58BDC", "header": "Elimination of inflation adjustment for credit phaseout", "nested": [], "links": [ { "text": "section 29(b)", "legal-doc": "usc", "parsable-cite": "usc/26/29" } ] }, { "text": "(b) Termination of extension of credit for facilities producing synthetic fuels from coal \nParagraph (1) of section 29(g) of the Internal Revenue Code of 1986 (relating to extension for certain facilities) is amended by striking subparagraph (B)(ii) or (C) of subsection (c)(1) and inserting subsection (c)(1)(B)(ii).", "id": "H6B25CAE6180D46CDA8106872D5E2DBA6", "header": "Termination of extension of credit for facilities producing synthetic fuels from coal", "nested": [], "links": [ { "text": "section 29(g)", "legal-doc": "usc", "parsable-cite": "usc/26/29" } ] }, { "text": "(c) Effective dates \n(1) Subsection (a) \nThe amendments made by subsection (a) shall apply to qualified fuels sold in taxable years beginning after the date of the enactment of this Act. (2) Subsection (b) \nThe amendments made by subsection (b) shall apply to qualified fuels sold after the date of the enactment of this Act, in taxable years ending after such date.", "id": "HFC4911CF07E3457D00E376DF2B1ED408", "header": "Effective dates", "nested": [], "links": [] } ], "links": [ { "text": "section 29(b)", "legal-doc": "usc", "parsable-cite": "usc/26/29" }, { "text": "section 29(g)", "legal-doc": "usc", "parsable-cite": "usc/26/29" } ] } ]

[ "Ways and Means Committee" ]

[ { "text": "1. Lieutenant General James V. Edmundson Post Office Building \n(a) Designation \nThe facility of the United States Postal Service located at 560 Bay Isles Road in Longboat Key, Florida, shall be known and designated as the Lieutenant General James V. Edmundson Post Office Building. (b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Lieutenant General James V. Edmundson Post Office Building.", "id": "H8DB15F769F314C3A855352F53C08D75D", "header": "Lieutenant General James V. Edmundson Post Office Building", "nested": [ { "text": "(a) Designation \nThe facility of the United States Postal Service located at 560 Bay Isles Road in Longboat Key, Florida, shall be known and designated as the Lieutenant General James V. Edmundson Post Office Building.", "id": "HFC89441F296C474891A1F500C77F09AA", "header": "Designation", "nested": [], "links": [] }, { "text": "(b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Lieutenant General James V. Edmundson Post Office Building.", "id": "H55369B280F6D4D2DBE49D5C74673FA8D", "header": "References", "nested": [], "links": [] } ], "links": [] } ]

[ "Oversight and Accountability Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HE65E957CB49A48D78049415EC89FF798", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds that— (1) there are 1,100,000 firefighters serving in over 30,000 fire departments in the United States; (2) fire departments responded to nearly 1,700,000 fires in 2002; (3) every 19 seconds a fire department responds to a fire somewhere in the United States; (4) in 2003, 110 firefighters died in the line of duty; (5) fires resulted in the deaths of 3,380 civilians in 2002; (6) nationwide there is a civilian fire death every 156 minutes; (7) in 2002, 18,425 people sustained injuries from fires; (8) in 2002 there was an estimated $10,337,000,000 in property damage caused by fires, including $6,055,000,000 worth of property loss to residential properties; (9) for communities with populations between 10,000 and 1,000,000, it is estimated that approximately 1/4 of emergency responders on a shift lack radios, and this percentage increases as community size decreases; (10) an estimated one-third of firefighters per shift are not equipped with self-contained breathing apparatus (SCBA); (11) nearly half of all self-contained breathing apparatus units are at least 10 years old; (12) nearly half of firefighters on a shift lack personal alert system (PASS) devices; (13) an estimated 57,000 firefighters lack personal protective clothing; (14) one-third of personal protective clothing is at least 10 years old; (15) half of all fire engines are at least 15 years old; (16) only one-fourth of fire departments have the ability to communicate with Federal, State, and local partners; (17) only one-fourth of fire departments have thermal imaging cameras; (18) only one fire department in 28 has mobile data terminals; (19) only one fire department in 50 has advanced personnel location equipment; (20) only one fire department in 23 has equipment to collect chemical or biological samples; (21) an estimated 42 percent of the population is protected by fire departments that do not have a program for free distribution of home smoke alarms; (22) an estimated 48 percent of the population is protected by fire departments that do not have a juvenile firesetter program; (23) an estimated 27 percent of the population is protected by fire departments that do not have a fire safety education program based on a national curriculum; (24) only 11 percent of fire departments can respond to a technical rescue involving emergency medical services at a building collapse with local personnel, and nearly half of all departments consider such an incident outside their scope; (25) only 13 percent of fire departments can respond to a hazmat incident involving emergency medical services with local personnel, and two-fifths of all departments consider such an incident outside their scope; (26) only 26 percent of fire departments can respond to a wildland/urban interface fire affecting 500 acres with local personnel, and one-third of all departments consider such an incident outside their scope; and (27) only 12 percent of fire departments can handle mitigation of a developing major flood with local personnel, and a majority of fire departments consider such an incident outside their scope.", "id": "HDD40A07E006C43559137E38BEE14004C", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Amendments \nSection 33 of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2229 ) is amended— (1) by striking Director each place it appears and inserting Administrator ; (2) in subsection (b)(1)(A), by inserting and volunteer emergency medical service squads after fire departments ; (3) in subsection (b)(1)(B), by inserting and firefighter safety research and development after fire prevention ; (4) in subsection (b)(3)(F), by inserting and volunteer emergency medical service squads that are not affiliated with a fire department, hospital, or for-profit entity after fire departments ; (5) in subsection (b)(4)— (A) by inserting and firefighter safety research and development after prevention in the paragraph heading; (B) in subparagraph (A)(ii)— (i) by inserting that are not fire departments and after community organizations ; (ii) by inserting and firefighter research and development programs, after fire safety programs and activities, ; and (iii) by inserting and research to improve firefighter health and life safety after fire prevention programs ; and (C) in subparagraph (B), by striking to children from fire and inserting to high risk groups from fire, as well as research programs that demonstrate the potential to improve firefighter safety ; (6) in subsection (b)(6)— (A) in subparagraph (A)— (i) by striking subparagraph (B) and inserting subparagraphs (B) and (C) ; and (ii) by striking 30 percent and inserting 20 percent ; and (B) by inserting after subparagraph (B) the following new subparagraph: (C) Fire prevention and firefighter safety grants \nThere shall be no matching requirement for a grant described in paragraph (4)(A)(ii). ; (7) in subsection (b)(10)— (A) by amending subparagraph (A) to read as follows: (A) Recipient limitations \nA grant recipient under this section— (i) that serves a jurisdiction with 500,000 people or less may not receive grants in excess of $1,000,000 for any fiscal year; (ii) that serves a jurisdiction with more than 500,000 but not more than 1,000,000 people may not receive grants in excess of $2,000,000 for any fiscal year; and (iii) that serves a jurisdiction with more than 1,000,000 people may not receive grants in excess of $3,000,000 for any fiscal year. The Administrator may award grants in excess of the limitations provided in clause (i) or (ii) to a recipient that serves a population close to the relevant threshold, upon a showing of sufficient need. ; (B) by redesignating subparagraph (B) as subparagraph (C); (C) by inserting after subparagraph (A) the following new subparagraph: (B) Distribution \nNotwithstanding subparagraph (A), no single recipient may receive more than one half of one percent of the funds appropriated under this section for a single fiscal year. ; and (D) by adding at the end the following new subparagraph: (D) Volunteer emergency medical service limitation \nNot more than 4 percent of the funds appropriated to provide grants under this section for a fiscal year may be awarded to volunteer emergency medical service squads. ; (8) in subsection (b), by adding at the end the following new paragraphs: (13) Annual meeting \nThe Administrator shall convene an annual meeting of non-Federal fire service experts, including representatives from a wide range of fire service organizations, to recommend criteria for awarding grants under this section for the next fiscal year and recommend any necessary administrative changes to the grant program. (14) Guidelines \n(A) Each year, prior to making any grants under this section, the Administrator shall publish in the Federal Register— (i) guidelines that describe the process for applying for grants and the criteria for awarding grants; and (ii) an explanation of any differences between the guidelines and the recommendations made pursuant to paragraph (1). (B) The criteria for awarding grants shall include the extent to which the grant would enhance the daily operations of a fire department and the impact of such a grant on the protection of lives and property. (15) Peer review \nThe Administrator shall, after consultation with national fire service organizations, appoint fire service personnel to conduct peer review of applications received under paragraph (5). In making grants under this section, the Administrator shall consider the results of such peer review evaluations. (16) Protection of volunteers from discrimination \nA fire department receiving funds provided under this section shall not discriminate against, or prohibit its members from engaging in, volunteer activities in another jurisdiction during off-duty hours. ; and (9) in subsection (e)(1), by striking 2002 through 2004 and inserting 2005 through 2007.", "id": "H1338823A74764CCD947D299DAAEF82F5", "header": "Amendments", "nested": [], "links": [ { "text": "15 U.S.C. 2229", "legal-doc": "usc", "parsable-cite": "usc/15/2229" } ] }, { "text": "4. Reports \n(a) Study on need for Federal assistance to State and local communities to fund firefighting and emergency response activities \nThe Administrator of the United States Fire Administration shall— (1) reconduct the study required under section 1701(b) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001, in conjunction with the National Fire Protection Association, to— (A) define the current role and activities associated with the fire services; (B) analyze the extent to which grant awards fulfill the goals of applicants; and (C) provide a needs assessment to identify shortfalls; (2) express the needs assessment under subparagraph (A)(iii) on a national and State-by-State basis; and (3) measure the impact the Assistance to Firefighters Grant program under section 33 of the Federal Fire Prevention and Control Act of 1974 has had in meeting the shortfalls identified in the original report conducted under such section 1701(b). (b) Time for completion of study; report \nThe Administrator shall complete the study under subsection (a), and submit a report on the results of the study to Congress, not later than 18 months after the date of the enactment of this Act. (c) Authorization of appropriations \nThere are authorized to be appropriated to the United States Fire Administration $300,000 for fiscal year 2005 to carry out the study required by subsection (a).", "id": "H161B6520E5A1435487F4DC96A05124C5", "header": "Reports", "nested": [ { "text": "(a) Study on need for Federal assistance to State and local communities to fund firefighting and emergency response activities \nThe Administrator of the United States Fire Administration shall— (1) reconduct the study required under section 1701(b) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001, in conjunction with the National Fire Protection Association, to— (A) define the current role and activities associated with the fire services; (B) analyze the extent to which grant awards fulfill the goals of applicants; and (C) provide a needs assessment to identify shortfalls; (2) express the needs assessment under subparagraph (A)(iii) on a national and State-by-State basis; and (3) measure the impact the Assistance to Firefighters Grant program under section 33 of the Federal Fire Prevention and Control Act of 1974 has had in meeting the shortfalls identified in the original report conducted under such section 1701(b).", "id": "HDCB2FA7FB2A14E5CAAF499E0110000A4", "header": "Study on need for Federal assistance to State and local communities to fund firefighting and emergency response activities", "nested": [], "links": [] }, { "text": "(b) Time for completion of study; report \nThe Administrator shall complete the study under subsection (a), and submit a report on the results of the study to Congress, not later than 18 months after the date of the enactment of this Act.", "id": "H190DCA054D2E4212AD699D3400D39A1", "header": "Time for completion of study; report", "nested": [], "links": [] }, { "text": "(c) Authorization of appropriations \nThere are authorized to be appropriated to the United States Fire Administration $300,000 for fiscal year 2005 to carry out the study required by subsection (a).", "id": "HF38C31FB24FC40878FCB339F1714F7A9", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] } ]

[ "Science, Space, and Technology Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Uniformed Services Differential Pay Protection Act.", "id": "HB235EEC89625405EADFBAE3490B76384", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Income tax withholding on differential wage payments \n(a) In general \nSection 3401 of the Internal Revenue Code of 1986 (relating to definitions) is amended by adding at the end the following new subsection: (i) Differential wage payments to active duty members of the uniformed services \n(1) In general \nFor purposes of subsection (a), any differential wage payment shall be treated as a payment of wages by the employer to the employee. (2) Differential wage payment \nFor purposes of paragraph (1), the term differential wage payment means any payment which— (A) is made by an employer to an individual with respect to any period during which the individual is performing service in the uniformed services while on active duty for a period of more than 30 days, and (B) represents all or a portion of the wages the individual would have received from the employer if the individual were performing service for the employer. (b) Effective date \nThe amendment made by this section shall apply to remuneration paid after December 31, 2004.", "id": "H76AA84BBA9EA4301AE593356AC612FC8", "header": "Income tax withholding on differential wage payments", "nested": [ { "text": "(a) In general \nSection 3401 of the Internal Revenue Code of 1986 (relating to definitions) is amended by adding at the end the following new subsection: (i) Differential wage payments to active duty members of the uniformed services \n(1) In general \nFor purposes of subsection (a), any differential wage payment shall be treated as a payment of wages by the employer to the employee. (2) Differential wage payment \nFor purposes of paragraph (1), the term differential wage payment means any payment which— (A) is made by an employer to an individual with respect to any period during which the individual is performing service in the uniformed services while on active duty for a period of more than 30 days, and (B) represents all or a portion of the wages the individual would have received from the employer if the individual were performing service for the employer.", "id": "HBDD5F16B424545D39495A82C87265302", "header": "In general", "nested": [], "links": [ { "text": "Section 3401", "legal-doc": "usc", "parsable-cite": "usc/26/3401" } ] }, { "text": "(b) Effective date \nThe amendment made by this section shall apply to remuneration paid after December 31, 2004.", "id": "HAE9E563892F94B31851892F4FC56DA4F", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Section 3401", "legal-doc": "usc", "parsable-cite": "usc/26/3401" } ] }, { "text": "3. Treatment of differential wage payments for retirement plan purposes \n(a) Pension plans \n(1) In general \nSection 414(u) of the Internal Revenue Code of 1986 (relating to special rules relating to veterans’ reemployment rights under USERRA) is amended by adding at the end the following new paragraph: (11) Treatment of differential wage payments \n(A) In general \nExcept as provided in this paragraph, for purposes of applying this title to a retirement plan to which this subsection applies— (i) an individual receiving a differential wage payment shall be treated as an employee of the employer making the payment, (ii) the differential wage payment shall be treated as compensation, and (iii) the plan shall not be treated as failing to meet the requirements of any provision described in paragraph (1)(C) by reason of any contribution which is based on the differential wage payment. (B) Special rule for distributions \n(i) In general \nNotwithstanding subparagraph (A)(i), for purposes of section 401(k)(2)(B)(i)(I), 403(b)(7)(A)(ii), 403(b)(11)(A), or 457(d)(1)(A)(ii), an individual shall be treated as having been severed from employment during any period the individual is performing service in the uniformed services described in section 3401(i)(2)(A). (ii) Limitation \nIf an individual elects to receive a distribution by reason of clause (i), the plan shall provide that the individual may not make an elective deferral or employee contribution during the 6-month period beginning on the date of the distribution. (C) Nondiscrimination requirement \nSubparagraph (A)(iii) shall apply only if all employees of an employer performing service in the uniformed services described in section 3401(i)(2)(A) are entitled to receive differential wage payments on reasonably equivalent terms and, if eligible to participate in a retirement plan maintained by the employer, to make contributions based on the payments. For purposes of applying this subparagraph, the provisions of paragraphs (3), (4), and (5), of section 410(b) shall apply. (D) Differential wage payment \nFor purposes of this paragraph, the term differential wage payment has the meaning given such term by section 3401(i)(2). (2) Conforming amendment \nThe heading for section 414(u) of such Code is amended by inserting and to Differential Wage Payments to Members on Active Duty after USERRA. (b) Differential wage payments treated as compensation for individual retirement plans \nSection 219(f)(1) of the Internal Revenue Code of 1986 (defining compensation) is amended by adding at the end the following new sentence: The term compensation includes any differential wage payment (as defined in section 3401(i)(2)). (c) Effective date \nThe amendments made by this section shall apply to plan years beginning after December 31, 2004. (d) Provisions relating to plan amendments \n(1) In general \nIf this subsection applies to any plan or annuity contract amendment— (A) such plan or contract shall be treated as being operated in accordance with the terms of the plan or contract during the period described in paragraph (2)(B)(i), and (B) except as provided by the Secretary of the Treasury, such plan shall not fail to meet the requirements of the Internal Revenue Code of 1986 or the Employee Retirement Income Security Act of 1974 by reason of such amendment. (2) Amendments to which Section applies \n(A) In general \nThis subsection shall apply to any amendment to any plan or annuity contract which is made— (i) pursuant to any amendment made by this section, and (ii) on or before the last day of the first plan year beginning on or after January 1, 2007. (B) Conditions \nThis subsection shall not apply to any plan or annuity contract amendment unless— (i) during the period beginning on the date the amendment described in subparagraph (A)(i) takes effect and ending on the date described in subparagraph (A)(ii) (or, if earlier, the date the plan or contract amendment is adopted), the plan or contract is operated as if such plan or contract amendment were in effect; and (ii) such plan or contract amendment applies retroactively for such period.", "id": "H149B8470951442339B2F1D491E05F6E9", "header": "Treatment of differential wage payments for retirement plan purposes", "nested": [ { "text": "(a) Pension plans \n(1) In general \nSection 414(u) of the Internal Revenue Code of 1986 (relating to special rules relating to veterans’ reemployment rights under USERRA) is amended by adding at the end the following new paragraph: (11) Treatment of differential wage payments \n(A) In general \nExcept as provided in this paragraph, for purposes of applying this title to a retirement plan to which this subsection applies— (i) an individual receiving a differential wage payment shall be treated as an employee of the employer making the payment, (ii) the differential wage payment shall be treated as compensation, and (iii) the plan shall not be treated as failing to meet the requirements of any provision described in paragraph (1)(C) by reason of any contribution which is based on the differential wage payment. (B) Special rule for distributions \n(i) In general \nNotwithstanding subparagraph (A)(i), for purposes of section 401(k)(2)(B)(i)(I), 403(b)(7)(A)(ii), 403(b)(11)(A), or 457(d)(1)(A)(ii), an individual shall be treated as having been severed from employment during any period the individual is performing service in the uniformed services described in section 3401(i)(2)(A). (ii) Limitation \nIf an individual elects to receive a distribution by reason of clause (i), the plan shall provide that the individual may not make an elective deferral or employee contribution during the 6-month period beginning on the date of the distribution. (C) Nondiscrimination requirement \nSubparagraph (A)(iii) shall apply only if all employees of an employer performing service in the uniformed services described in section 3401(i)(2)(A) are entitled to receive differential wage payments on reasonably equivalent terms and, if eligible to participate in a retirement plan maintained by the employer, to make contributions based on the payments. For purposes of applying this subparagraph, the provisions of paragraphs (3), (4), and (5), of section 410(b) shall apply. (D) Differential wage payment \nFor purposes of this paragraph, the term differential wage payment has the meaning given such term by section 3401(i)(2). (2) Conforming amendment \nThe heading for section 414(u) of such Code is amended by inserting and to Differential Wage Payments to Members on Active Duty after USERRA.", "id": "H3CB21DC4143F4C7398F3BA977955D8ED", "header": "Pension plans", "nested": [], "links": [ { "text": "Section 414(u)", "legal-doc": "usc", "parsable-cite": "usc/26/414" } ] }, { "text": "(b) Differential wage payments treated as compensation for individual retirement plans \nSection 219(f)(1) of the Internal Revenue Code of 1986 (defining compensation) is amended by adding at the end the following new sentence: The term compensation includes any differential wage payment (as defined in section 3401(i)(2)).", "id": "HBAB843E5748848058F5F727C4114D1FE", "header": "Differential wage payments treated as compensation for individual retirement plans", "nested": [], "links": [ { "text": "Section 219(f)(1)", "legal-doc": "usc", "parsable-cite": "usc/26/219" } ] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply to plan years beginning after December 31, 2004.", "id": "H708C9663082C4C9D8CD5E5E3D29D5292", "header": "Effective date", "nested": [], "links": [] }, { "text": "(d) Provisions relating to plan amendments \n(1) In general \nIf this subsection applies to any plan or annuity contract amendment— (A) such plan or contract shall be treated as being operated in accordance with the terms of the plan or contract during the period described in paragraph (2)(B)(i), and (B) except as provided by the Secretary of the Treasury, such plan shall not fail to meet the requirements of the Internal Revenue Code of 1986 or the Employee Retirement Income Security Act of 1974 by reason of such amendment. (2) Amendments to which Section applies \n(A) In general \nThis subsection shall apply to any amendment to any plan or annuity contract which is made— (i) pursuant to any amendment made by this section, and (ii) on or before the last day of the first plan year beginning on or after January 1, 2007. (B) Conditions \nThis subsection shall not apply to any plan or annuity contract amendment unless— (i) during the period beginning on the date the amendment described in subparagraph (A)(i) takes effect and ending on the date described in subparagraph (A)(ii) (or, if earlier, the date the plan or contract amendment is adopted), the plan or contract is operated as if such plan or contract amendment were in effect; and (ii) such plan or contract amendment applies retroactively for such period.", "id": "HF0834A57F48B4F289C87566CB8A70070", "header": "Provisions relating to plan amendments", "nested": [], "links": [] } ], "links": [ { "text": "Section 414(u)", "legal-doc": "usc", "parsable-cite": "usc/26/414" }, { "text": "Section 219(f)(1)", "legal-doc": "usc", "parsable-cite": "usc/26/219" } ] } ]

[ "Ways and Means Committee" ]

[ { "text": "1. Safety improvements required \n(a) Short title \nThis section may be cited as the Save the Statue of Liberty Act. (b) Requirement for safety improvements \nNot later than September 1, 2004, the Secretary of the Interior, acting through the National Park Service and using funds available to the Secretary for this purpose, shall commence necessary safety and other related improvements to the Statue of Liberty so that it may be reopened to the public.", "id": "HEAC0F5F506494A4AA3737EA9E9F2C63", "header": "Safety improvements required", "nested": [ { "text": "(a) Short title \nThis section may be cited as the Save the Statue of Liberty Act.", "id": "HA8043C24740C4EC089CDB929F7235EF", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Requirement for safety improvements \nNot later than September 1, 2004, the Secretary of the Interior, acting through the National Park Service and using funds available to the Secretary for this purpose, shall commence necessary safety and other related improvements to the Statue of Liberty so that it may be reopened to the public.", "id": "H5474A334C25C45D1BE95EDCA26CB008", "header": "Requirement for safety improvements", "nested": [], "links": [] } ], "links": [] } ]

[ "Natural Resources Committee" ]

[ { "text": "1. Short Title \nThis Act may be cited as the Fair and Open Voting Standards Act of 2004.", "id": "H9D9B5D194E9A4436B40396DA717BC415", "header": "Short Title", "nested": [], "links": [] }, { "text": "2. Standards For Removal of Individuals From Official List of Eligible Voters by Reason of Criminal Conviction \n(a) In General \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) Standards For Removal of Individuals From List of Eligible Voters by Reason of Criminal Conviction \n(1) Prohibiting removal not in compliance with standards \nA State may not remove a registrant from the official list of eligible voters for an election for Federal office by reason of criminal conviction unless the State certifies to the Election Assistance Commission that the State has in effect procedures for such removal which meet the requirements of this subsection and any other requirements applicable under this section. (2) Minimum notice prior to removal \n(A) In general \nIn addition to any other requirements applicable under this section, a State may not remove a registrant from the official list of eligible voters for an election for Federal office by reason of criminal conviction unless the State provides the registrant with a notice of removal meeting the requirements of subparagraph (B)— (i) not later than 60 days before the date of the election; and (ii) not later than 90 days before the date of removal. (B) Requirements for notice \nThe notice required under this subparagraph shall be sent by forwardable mail, and shall include the following: (i) A statement that the State intends to remove the registrant from the official list of eligible voters for elections for Federal office. (ii) A description of the reasons for removal, including sufficient identifying information on the criminal conviction alleged to be the basis for removal to enable the registrant to determine whether the registrant was convicted of the offense cited in the notice. (iii) A statement that the registrant may appeal the removal in accordance with the procedures established under paragraph (3). (iv) A postage pre-paid and pre-addressed envelope and a clear list of contact information for the appropriate state election official that includes a mailing address, telephone number, and fax number. (3) Availability of appeal \n(A) In general \nA State shall establish administrative procedures meeting the requirements of this paragraph under which a registrant who receives a notice of removal under paragraph (2) may file a written appeal to an appropriate State election official to withdraw the notice and retain the registrant on the official list of eligible voters. (B) Deadline \nA State may establish a deadline for the filing of an appeal under this paragraph, except that the deadline may not occur earlier than the expiration of the 30-day period which begins on the date a registrant receives the notice of removal under paragraph (2). (C) Contents \nA registrant filing an appeal may include in the appeal such information and evidence as the registrant considers appropriate to show that the registrant is not subject to removal from the list under State law, including information and evidence showing that the registrant was not convicted of the criminal offense cited in the notice. (D) Response by State \nNot later than 10 days after a registrant files an appeal, the State shall review the information and evidence included and accept or reject the appeal, and shall notify the registrant in writing of its decision. (E) No removal permitted while appeal is pending \nIf a registrant files an appeal under subparagraph (A), the State may not remove a registrant from the official list of eligible voters until a final decision is reached on the appeal.. (b) Conforming Amendment \nSection 8(a)(3)(B) of such Act ( 42 U.S.C. 1973gg–6(a)(3)(B) ) is amended by striking State law, and inserting State law and consistent with the requirements of subsection (j),. (c) Effective Date \nThe amendments made by this Act shall apply with respect to the regularly scheduled general election for Federal office held in November 2004 and any succeeding Federal election.", "id": "HAD87342BE494407EBA00CEB156516D73", "header": "Standards For Removal of Individuals From Official List of Eligible Voters by Reason of Criminal Conviction", "nested": [ { "text": "(a) In General \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) Standards For Removal of Individuals From List of Eligible Voters by Reason of Criminal Conviction \n(1) Prohibiting removal not in compliance with standards \nA State may not remove a registrant from the official list of eligible voters for an election for Federal office by reason of criminal conviction unless the State certifies to the Election Assistance Commission that the State has in effect procedures for such removal which meet the requirements of this subsection and any other requirements applicable under this section. (2) Minimum notice prior to removal \n(A) In general \nIn addition to any other requirements applicable under this section, a State may not remove a registrant from the official list of eligible voters for an election for Federal office by reason of criminal conviction unless the State provides the registrant with a notice of removal meeting the requirements of subparagraph (B)— (i) not later than 60 days before the date of the election; and (ii) not later than 90 days before the date of removal. (B) Requirements for notice \nThe notice required under this subparagraph shall be sent by forwardable mail, and shall include the following: (i) A statement that the State intends to remove the registrant from the official list of eligible voters for elections for Federal office. (ii) A description of the reasons for removal, including sufficient identifying information on the criminal conviction alleged to be the basis for removal to enable the registrant to determine whether the registrant was convicted of the offense cited in the notice. (iii) A statement that the registrant may appeal the removal in accordance with the procedures established under paragraph (3). (iv) A postage pre-paid and pre-addressed envelope and a clear list of contact information for the appropriate state election official that includes a mailing address, telephone number, and fax number. (3) Availability of appeal \n(A) In general \nA State shall establish administrative procedures meeting the requirements of this paragraph under which a registrant who receives a notice of removal under paragraph (2) may file a written appeal to an appropriate State election official to withdraw the notice and retain the registrant on the official list of eligible voters. (B) Deadline \nA State may establish a deadline for the filing of an appeal under this paragraph, except that the deadline may not occur earlier than the expiration of the 30-day period which begins on the date a registrant receives the notice of removal under paragraph (2). (C) Contents \nA registrant filing an appeal may include in the appeal such information and evidence as the registrant considers appropriate to show that the registrant is not subject to removal from the list under State law, including information and evidence showing that the registrant was not convicted of the criminal offense cited in the notice. (D) Response by State \nNot later than 10 days after a registrant files an appeal, the State shall review the information and evidence included and accept or reject the appeal, and shall notify the registrant in writing of its decision. (E) No removal permitted while appeal is pending \nIf a registrant files an appeal under subparagraph (A), the State may not remove a registrant from the official list of eligible voters until a final decision is reached on the appeal..", "id": "H2255DB4C3343480500F9002C98F4F956", "header": "In General", "nested": [], "links": [ { "text": "42 U.S.C. 1973gg–6", "legal-doc": "usc", "parsable-cite": "usc/42/1973gg-6" } ] }, { "text": "(b) Conforming Amendment \nSection 8(a)(3)(B) of such Act ( 42 U.S.C. 1973gg–6(a)(3)(B) ) is amended by striking State law, and inserting State law and consistent with the requirements of subsection (j),.", "id": "H768C84B5ED17407998AA466560017109", "header": "Conforming Amendment", "nested": [], "links": [ { "text": "42 U.S.C. 1973gg–6(a)(3)(B)", "legal-doc": "usc", "parsable-cite": "usc/42/1973gg-6" } ] }, { "text": "(c) Effective Date \nThe amendments made by this Act shall apply with respect to the regularly scheduled general election for Federal office held in November 2004 and any succeeding Federal election.", "id": "HD32ACDAF1A1E406E8F4CB6148BD54B90", "header": "Effective Date", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1973gg–6", "legal-doc": "usc", "parsable-cite": "usc/42/1973gg-6" }, { "text": "42 U.S.C. 1973gg–6(a)(3)(B)", "legal-doc": "usc", "parsable-cite": "usc/42/1973gg-6" } ] } ]

[ "Committee on House Administration" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H0E9C30C6B17C4014AFD2C850EC807EDF", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nThe Congress makes the following findings: (1) Under the Nuclear Waste Policy Act of 1982 , the storage of high-level radioactive waste, transuranic waste, and spent nuclear fuel is to be located at a central repository. (2) The Department of Energy estimates that completing the Yucca Mountain central repository project will cost $58,000,000,000, making the project one of the most costly public works projects in the world. (3) Numerous geological and hydrological conditions found at Yucca Mountain support the contention that Yucca Mountain is not a suitable site for a central repository. (4) Public health and safety regulations have consistently been altered in order to make Yucca Mountain appear to be a feasible option. (5) Storing high-level radioactive waste in a central repository at Yucca Mountain would require the transportation of more than 70,000 tons of nuclear waste through 43 States, and through hundreds of cities and towns. Fifty million Americans live within one half mile of the shipping routes, creating an unacceptable risk of catastrophic radiation exposure. (6) Current nuclear power reactor sites can safely store high-level radioactive waste for another 100 years (according to the Nuclear Regulatory Commission). By implementing the most advanced existing technology, nuclear power reactor sites could store waste for an additional 100 years, thus eliminating the need to immediately site a central repository. (7) The United States can create solutions to the long-term problems of storing high-level radioactive waste by exploring emerging technologies with the potential to neutralize highly radioactive waste. (8) The research, development, and utilization in the United States of risk-decreasing technologies for the safe disposal of nuclear waste is not only feasible, but it is our best alternative to storing high-level nuclear waste at a central repository. (9) The Nuclear Waste Fund has accumulated more than $10,000,000,000 to store high-level nuclear radioactive waste in a central repository, a failed concept. Given the scientific evidence against the Yucca Mountain site, and the health and safety problems inherent in the concept of a central high-level radioactive waste repository, the Nuclear Waste Fund should be directed toward the research, development, and utilization of these alternative waste storage and disposal technologies to better protect our environment. (10) The insurmountable problems associated with storing nuclear waste in a central repository requires the Congress to terminate the Yucca Mountain Project and to immediately launch a focused research and development program to develop safe nuclear waste disposal technologies.", "id": "H7ECE233B0A404046B7DD5DD21B1CF6A9", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Nuclear Waste Fund \nSection 302 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10222 ) is amended— (1) in subsection (a)— (A) by striking Contracts.—(1) In the and all that follows through described in subsection (d). and inserting Payments.—(1) The Secretary shall provide for payments into the Nuclear Waste Fund of fees pursuant to paragraph (2) for use as provided in this section. ; (B) by striking paragraphs (3), (5), and (6) and redesignating paragraph (4) as paragraph (3); and (C) in paragraph (3), as so redesignated by subparagraph (B) of this paragraph— (i) by striking paragraphs (2) and (3) above and inserting paragraph (2) ; (ii) by striking offset the costs as defined in subsection (d) herein and inserting support the uses described in subsection (c) ; (iii) by striking recover the costs incurred and all that follows through full cost recovery. and inserting support the uses described in subsection (c), the Secretary shall propose an adjustment to the fee to fully support those uses. The Secretary shall also annually adjust the fee for inflation. ; and (iv) by striking this proposal for such an adjustment to Congress and all that follows through the Energy Policy and Conservation Act and inserting proposals for fee adjustment to Congress ; (2) by striking subsections (b) and (d); (3) by redesignating subsections (c) and (e) as subsections (b) and (d), respectively; (4) in subsection (b), as so redesignated by paragraph (3) of this section— (A) by striking , (b), and (e) and inserting and (d) in paragraph (1); (B) by inserting and at the end to paragraph (1); (C) by striking ; and at the end of paragraph (2) and inserting a period; and (D) by striking paragraph (3); (5) by inserting after subsection (b), as so redesignated by paragraph (3) of this section, the following new subsection: (c) Uses of Nuclear Waste Fund \nThe Nuclear Waste Fund shall be available to the Secretary only to pay the cost of research, development, and utilization in the United States of risk-decreasing technologies, with an emphasis on technologies that— (1) increase the length of time that nuclear waste can be safely stored at or near— (A) in the case of waste existing on the date of enactment of the , the site where the waste was located on such date of enactment; and (B) in the case of waste not existing on the date of enactment of the , the site where the waste is generated; (2) require the least amount of transportation of nuclear waste practicable; and (3) reduce the level of radiation of the nuclear waste. The Government shall not use any funds for research, development, or implementation of a central high-level radioactive waste and spent nuclear fuel repository. ; and (6) in subsection (d), as so redesignated by paragraph (3) of this section, by striking subsection (d) in paragraph (6) and inserting subsection (c).", "id": "H315FB049634644CAB57005A101B2E132", "header": "Nuclear Waste Fund", "nested": [], "links": [ { "text": "42 U.S.C. 10222", "legal-doc": "usc", "parsable-cite": "usc/42/10222" } ] }, { "text": "4. Repeals and redesignations \n(a) In general \nThe Nuclear Waste Policy Act of 1982 is amended— (1) by redesignating section 151 as section 10 and moving it to appear after section 9, and by repealing the remainder of title I; (2) by repealing title II; (3) by redesignating sections 302 and 306 as sections 11 and 12, respectively, and moving them to appear after section 10, and by repealing the remainder of title III; (4) by repealing title IV; and (5) by repealing title V. (b) Conforming amendments \nThe Nuclear Waste Policy Act of 1982 is amended— (1) in section 2— (A) by striking paragraphs (1), (2), (4), (5), (8), (10), (11), (13), (14), (15), (17), (19), (21), (22), (25), (26), (27), (28), (30), (31), (32), (33), and (34); (B) by redesignating paragraphs (3), (6), (7), (9), (12), (16), (18), (20), (23), (24), and (29) as paragraphs (1), (2), (3), (4), (5), (6), (7), (10), (11), (12), and (13) respectively; and (C) by inserting after paragraph (7), as so redesignated by subparagraph (B) of this paragraph, the following new paragraphs: (8) Research \nThe term research includes both basic and applied research. (9) Risk-decreasing technologies \nThe term risk- decreasing technologies means technologies that reduce the adverse impact nuclear waste has on human and ecological health and well-being through reduction in radiation levels and other methods. ; and (2) in section 8— (A) by striking subsection (c) and inserting subsection (b) in subsection (a); (B) by striking subsection (b); and (C) by redesignating subsection (c) as subsection (b). (c) Table of contents amendments \nThe items in the table of contents of the Nuclear Waste Policy Act of 1982 relating to titles I through V are repealed, and the following items are inserted after the item relating to section 9: Sec. 10. Financial arrangements for site closure Sec. 11. Nuclear Waste Fund Sec. 12. Nuclear Regulatory Commission training authorization.", "id": "H8EB62997DF424946AF3C39D58D677BB2", "header": "Repeals and redesignations", "nested": [ { "text": "(a) In general \nThe Nuclear Waste Policy Act of 1982 is amended— (1) by redesignating section 151 as section 10 and moving it to appear after section 9, and by repealing the remainder of title I; (2) by repealing title II; (3) by redesignating sections 302 and 306 as sections 11 and 12, respectively, and moving them to appear after section 10, and by repealing the remainder of title III; (4) by repealing title IV; and (5) by repealing title V.", "id": "H4079557A64EB4257B7E63D78C05BD36", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Conforming amendments \nThe Nuclear Waste Policy Act of 1982 is amended— (1) in section 2— (A) by striking paragraphs (1), (2), (4), (5), (8), (10), (11), (13), (14), (15), (17), (19), (21), (22), (25), (26), (27), (28), (30), (31), (32), (33), and (34); (B) by redesignating paragraphs (3), (6), (7), (9), (12), (16), (18), (20), (23), (24), and (29) as paragraphs (1), (2), (3), (4), (5), (6), (7), (10), (11), (12), and (13) respectively; and (C) by inserting after paragraph (7), as so redesignated by subparagraph (B) of this paragraph, the following new paragraphs: (8) Research \nThe term research includes both basic and applied research. (9) Risk-decreasing technologies \nThe term risk- decreasing technologies means technologies that reduce the adverse impact nuclear waste has on human and ecological health and well-being through reduction in radiation levels and other methods. ; and (2) in section 8— (A) by striking subsection (c) and inserting subsection (b) in subsection (a); (B) by striking subsection (b); and (C) by redesignating subsection (c) as subsection (b).", "id": "HF3AA686AF7034FCD892BDC700053C470", "header": "Conforming amendments", "nested": [], "links": [] }, { "text": "(c) Table of contents amendments \nThe items in the table of contents of the Nuclear Waste Policy Act of 1982 relating to titles I through V are repealed, and the following items are inserted after the item relating to section 9: Sec. 10. Financial arrangements for site closure Sec. 11. Nuclear Waste Fund Sec. 12. Nuclear Regulatory Commission training authorization.", "id": "HEA879FDA3BB74C63A2581E9006844718", "header": "Table of contents amendments", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Repeal of special rules for nuclear decommissioning costs \n(a) In general \nSection 468A of the Internal Revenue Code of 1986 is hereby repealed. (b) Conforming amendments \n(1) Subparagraph (B) of section 172(f)(1) of such Code is amended by striking or 468A(a). (2) The table of sections for subpart C of part II of subchapter E of chapter 1 of such Code is amended by striking the item relating to section 468A. (c) Effective date \nThe amendments made by this section shall take effect on the date of the enactment of this Act.", "id": "HFFFB314E1F4F48EEA512EB17BB1D4D56", "header": "Repeal of special rules for nuclear decommissioning costs", "nested": [ { "text": "(a) In general \nSection 468A of the Internal Revenue Code of 1986 is hereby repealed.", "id": "H17CF778E05384C9384D189008D5B241E", "header": "In general", "nested": [], "links": [ { "text": "Section 468A", "legal-doc": "usc", "parsable-cite": "usc/26/468A" } ] }, { "text": "(b) Conforming amendments \n(1) Subparagraph (B) of section 172(f)(1) of such Code is amended by striking or 468A(a). (2) The table of sections for subpart C of part II of subchapter E of chapter 1 of such Code is amended by striking the item relating to section 468A.", "id": "H15170E0D902146839915772D00F75BCD", "header": "Conforming amendments", "nested": [], "links": [] }, { "text": "(c) Effective date \nThe amendments made by this section shall take effect on the date of the enactment of this Act.", "id": "HBEFFD3FCD5AF4DF49E489C009DB9C073", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Section 468A", "legal-doc": "usc", "parsable-cite": "usc/26/468A" } ] } ]

[ "Energy and Commerce Committee", "Science, Space, and Technology Committee", "Ways and Means Committee" ]

[ { "text": "1. Ben Atchley Post Office Building \n(a) Designation \nThe facility of the United States Postal Service located at 137 East Young High Pike in Knoxville, Tennessee, shall be known and designated as the Ben Atchley Post Office Building. (b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Ben Atchley Post Office Building.", "id": "H335C460C887044AB9992B77FCEAE6100", "header": "Ben Atchley Post Office Building", "nested": [ { "text": "(a) Designation \nThe facility of the United States Postal Service located at 137 East Young High Pike in Knoxville, Tennessee, shall be known and designated as the Ben Atchley Post Office Building.", "id": "H8E1D9BB32C6240BE9592B24B2BD056F4", "header": "Designation", "nested": [], "links": [] }, { "text": "(b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Ben Atchley Post Office Building.", "id": "H5E3934C808D84959A9FDEBFAFE20386C", "header": "References", "nested": [], "links": [] } ], "links": [] } ]

[ "Homeland Security and Governmental Affairs Committee", "Oversight and Accountability Committee" ]

[ { "text": "1. Vitilas Veto Reid Post Office Building \n(a) Designation \nThe facility of the United States Postal Service located at 7450 Natural Bridge Road in St. Louis, Missouri, shall be known and designated as the Vitilas Veto Reid Post Office Building. (b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Vitilas Veto Reid Post Office Building.", "id": "H8A4D71D3F563425D8C45C9C099BF41C", "header": "Vitilas Veto Reid Post Office Building", "nested": [ { "text": "(a) Designation \nThe facility of the United States Postal Service located at 7450 Natural Bridge Road in St. Louis, Missouri, shall be known and designated as the Vitilas Veto Reid Post Office Building.", "id": "HABD0D51C923C4010973DE00DA26BE9B", "header": "Designation", "nested": [], "links": [] }, { "text": "(b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Vitilas Veto Reid Post Office Building.", "id": "HC3574F84B79648988326A073A5EF5FAA", "header": "References", "nested": [], "links": [] } ], "links": [] } ]

[ "Homeland Security and Governmental Affairs Committee", "Oversight and Accountability Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Servicemembers Legal Protection Act of 2004.", "id": "HE5E430BA32C446138FE4603DD111E6CE", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Clarification of meaning of judgment as used in the Act \nSection 101 of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 511 ) is amended by adding at the end the following new paragraph: (9) Judgment \nThe term judgment means any judgment, decree, order, or ruling, final or temporary..", "id": "HCEC0B5A271234A2BB6B7AD4D1942CFA1", "header": "Clarification of meaning of judgment as used in the Act", "nested": [], "links": [ { "text": "50 U.S.C. App. 511", "legal-doc": "usc-appendix", "parsable-cite": "usc-appendix/50/511" } ] }, { "text": "3. Requirements relating to waiver of rights under the Act \nSection 107 of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 517 ) is amended— (1) In subsection (a), by inserting after the first sentence the following new sentence: Any such waiver that applies to an action listed in subsection (b) of this section is effective only if it is in writing and is executed as an instrument separate from the obligation or liability to which it applies. ; (2) by redesignating subsection (c) as subsection (d); and (3) by inserting after subsection (b) the following new subsection (c): (c) Prominent display of certain contract rights waivers \nAny waiver in writing of a right or protection provided by this Act that applies to a contract, lease, or similar legal instrument must be in at least 12 point type..", "id": "H51C7035573D54AC98F81B91E0873A3BF", "header": "Requirements relating to waiver of rights under the Act", "nested": [], "links": [ { "text": "50 U.S.C. App. 517", "legal-doc": "usc-appendix", "parsable-cite": "usc-appendix/50/517" } ] }, { "text": "4. Right of servicemember plaintiffs to request stay of civil proceedings \nSection 202(a) of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 522(a) ) is amended by inserting plaintiff or before defendant.", "id": "HFCF516FA6F79478BA75E8279C1A73F92", "header": "Right of servicemember plaintiffs to request stay of civil proceedings", "nested": [], "links": [ { "text": "50 U.S.C. App. 522(a)", "legal-doc": "usc-appendix", "parsable-cite": "usc-appendix/50/522" } ] }, { "text": "5. Termination of leases \n(a) Joint leases \nSubsection (a) of section 305 of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 535 ) is amended— (1) by designating the text of that subsection as paragraph (1), inserting before The lessee on a the following: In general , redesignating paragraphs (1) and (2) thereof as subparagraphs (A) and (B), respectively, and realigning that text so as to be indented two ems to the right; and (2) by adding at the end the following: (2) Joint leases \nA lessee’s termination of a lease pursuant to this subsection shall terminate any obligation a dependent of the lessee may have under the lease.. (b) Motor vehicles leases \n(1) Applicability to pcs orders from states outside conus \nSubparagraph (B) of subsection (b)(2) of such section is amended by striking military orders for and all that follows through or to deploy and inserting military orders— (i) for a change of permanent station— (I) from a location in the continental United States to a location outside the continental United States; or (II) from a location in a State outside the continental United States to any location outside that State; or (ii) to deploy. (2) Definitions \nSuch section is further amended by adding at the end the following new subsection: (i) Definitions \n(1) Military orders \nThe term military orders , with respect to a servicemember, means official military orders, or any notification, certification, or verification from the servicemember’s commanding officer, with respect to the servicemember’s current or future military duty status. (2) Conus \nThe term continental United States means the 48 contiguous States and the District of Columbia.. (c) Coverage of individual deployments \nSubsection (b) of such section is further amended in paragraph (1)(B) and paragraph (2)(B)(ii) (as designated by subsection (b) of this section) by inserting , or as an individual in support of a military operation, after deploy with a military unit.", "id": "HC85CEC8AD357492F9905D2325D54AE87", "header": "Termination of leases", "nested": [ { "text": "(a) Joint leases \nSubsection (a) of section 305 of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 535 ) is amended— (1) by designating the text of that subsection as paragraph (1), inserting before The lessee on a the following: In general , redesignating paragraphs (1) and (2) thereof as subparagraphs (A) and (B), respectively, and realigning that text so as to be indented two ems to the right; and (2) by adding at the end the following: (2) Joint leases \nA lessee’s termination of a lease pursuant to this subsection shall terminate any obligation a dependent of the lessee may have under the lease..", "id": "H531F8FCC47FE46D2BEC4BF003304BF8F", "header": "Joint leases", "nested": [], "links": [ { "text": "50 U.S.C. App. 535", "legal-doc": "usc-appendix", "parsable-cite": "usc-appendix/50/535" } ] }, { "text": "(b) Motor vehicles leases \n(1) Applicability to pcs orders from states outside conus \nSubparagraph (B) of subsection (b)(2) of such section is amended by striking military orders for and all that follows through or to deploy and inserting military orders— (i) for a change of permanent station— (I) from a location in the continental United States to a location outside the continental United States; or (II) from a location in a State outside the continental United States to any location outside that State; or (ii) to deploy. (2) Definitions \nSuch section is further amended by adding at the end the following new subsection: (i) Definitions \n(1) Military orders \nThe term military orders , with respect to a servicemember, means official military orders, or any notification, certification, or verification from the servicemember’s commanding officer, with respect to the servicemember’s current or future military duty status. (2) Conus \nThe term continental United States means the 48 contiguous States and the District of Columbia..", "id": "H979B11738186492A9C975ECD42A03D30", "header": "Motor vehicles leases", "nested": [], "links": [] }, { "text": "(c) Coverage of individual deployments \nSubsection (b) of such section is further amended in paragraph (1)(B) and paragraph (2)(B)(ii) (as designated by subsection (b) of this section) by inserting , or as an individual in support of a military operation, after deploy with a military unit.", "id": "H0EDBC70AC59F4D24A9CB7D7E88C4403", "header": "Coverage of individual deployments", "nested": [], "links": [] } ], "links": [ { "text": "50 U.S.C. App. 535", "legal-doc": "usc-appendix", "parsable-cite": "usc-appendix/50/535" } ] }, { "text": "6. Prevention of double taxation of certain servicemembers \nSection 511(c) of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 571(c) ) is amended by adding at the end the following new paragraph: (5) Use, excise, or similar taxes \nA tax jurisdiction may not impose a use, excise, or similar tax on the personal property of a nonresident servicemember when the laws of the tax jurisdiction fail to provide a credit against such taxes for sales, use, exercise, or similar taxes previously paid on the same property to another tax jurisdiction..", "id": "HE840544E459F42BAA3C13735B73F374", "header": "Prevention of double taxation of certain servicemembers", "nested": [], "links": [ { "text": "50 U.S.C. App. 571(c)", "legal-doc": "usc-appendix", "parsable-cite": "usc-appendix/50/571" } ] } ]

[ "Veterans' Affairs Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Emergency Medical Services Support Act.", "id": "HFB90B945C194426389A8A536A57CBF49", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Federal Interagency Committee on Emergency Medical Services \n(a) Establishment \nThe Secretary of Transportation and the Secretary of Homeland Security, through the Under Secretary for Emergency Preparedness and Response and in consultation with the Secretary of Health and Human Services, shall establish a Federal Interagency Committee on Emergency Medical Services (in this Act referred to as the Interagency Committee on EMS ) to improve coordination and enhance support of emergency medical services. (b) Membership \nThe Interagency Committee on EMS shall consist of the following officials, or their designees: (1) The Administrator of the National Highway Traffic Safety Administration. (2) The Director of the Office for Domestic Preparedness of the Department of Homeland Security. (3) The Administrator of the Health Resources and Services Administration of the Department of Health and Human Services. (4) The Director of the Centers for Disease Control and Prevention of the Department of Health and Human Services. (5) The Administrator of the United States Fire Administration of the Department of Homeland Security. (6) The Administrator of the Centers for Medicare Medicaid Services of the Department of Health and Human Services. (7) The Under Secretary of Defense for Personnel and Readiness. (8) The Assistant Secretary for Public Health Emergency Preparedness of the Department of Health and Human Services. (9) The Director of the Indian Health Service of the Department of Health and Human Services. (10) The Bureau Chief of the Wireless Telecommunications Bureau of the Federal Communications Commission. (11) A representative of any other Federal agency identified by the Secretary of Transportation or the Secretary of Homeland Security, through the Under Secretary for Emergency Preparedness and Response and in consultation with the Secretary of Health and Human Services, as having a significant role in relation to the purposes of the Interagency Committee on EMS. (c) Leadership \nThe members of the Interagency Committee on EMS shall annually select an individual from among the members of the Committee to serve as chairperson of the Committee. (d) Activities \nThe Interagency Committee on EMS shall carry out the following activities: (1) Ensuring coordination among the Federal agencies represented on the Interagency Committee on EMS with State, local, tribal, and regional emergency medical services and 9–1–1 systems. (2) Identifying State, local, tribal, and regional emergency medical services and 9–1–1 needs. (3) Ensuring that emergency medical services are appropriately integrated with homeland security and other emergency response programs. (4) Recommending new or expanded programs, including grant programs, for— (A) improving State, local, tribal, and regional emergency medical services; and (B) implementing improved interoperable voice and data emergency medical services and communications technologies, including wireless 9–1–1. (5) Identifying ways to streamline the process through which Federal agencies support State, local, tribal, and regional emergency medical services. (6) Assisting State, local, tribal, and regional emergency medical services in setting priorities based on identified needs. (7) Advising, consulting, and making recommendations on matters relating to the implementation of the coordinated State emergency medical services programs. (e) Meetings \nThe Interagency Committee on EMS shall meet as frequently as is determined necessary by the chairperson of the Committee, but no less frequently than quarterly. (f) Administration \nThe Administrator of the National Highway Traffic Safety Administration, in cooperation with the Director of the Office for Domestic Preparedness of the Department of Homeland Security, shall provide administrative support to the Interagency Committee on EMS, including scheduling meetings, setting agendas, keeping minutes and records, and producing reports. (g) Annual reports \nThe Interagency Committee on EMS shall prepare and submit an annual report to Congress on the Committee’s activities, actions, and recommendations, and shall include in such report a description of respective Federal agency responsibility, support, and coordination of emergency medical services systems.", "id": "H1E546E04670C4C4DBA3D35B05EF7E004", "header": "Federal Interagency Committee on Emergency Medical Services", "nested": [ { "text": "(a) Establishment \nThe Secretary of Transportation and the Secretary of Homeland Security, through the Under Secretary for Emergency Preparedness and Response and in consultation with the Secretary of Health and Human Services, shall establish a Federal Interagency Committee on Emergency Medical Services (in this Act referred to as the Interagency Committee on EMS ) to improve coordination and enhance support of emergency medical services.", "id": "HBB0054489C10415CA1A75A19C262113", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Membership \nThe Interagency Committee on EMS shall consist of the following officials, or their designees: (1) The Administrator of the National Highway Traffic Safety Administration. (2) The Director of the Office for Domestic Preparedness of the Department of Homeland Security. (3) The Administrator of the Health Resources and Services Administration of the Department of Health and Human Services. (4) The Director of the Centers for Disease Control and Prevention of the Department of Health and Human Services. (5) The Administrator of the United States Fire Administration of the Department of Homeland Security. (6) The Administrator of the Centers for Medicare Medicaid Services of the Department of Health and Human Services. (7) The Under Secretary of Defense for Personnel and Readiness. (8) The Assistant Secretary for Public Health Emergency Preparedness of the Department of Health and Human Services. (9) The Director of the Indian Health Service of the Department of Health and Human Services. (10) The Bureau Chief of the Wireless Telecommunications Bureau of the Federal Communications Commission. (11) A representative of any other Federal agency identified by the Secretary of Transportation or the Secretary of Homeland Security, through the Under Secretary for Emergency Preparedness and Response and in consultation with the Secretary of Health and Human Services, as having a significant role in relation to the purposes of the Interagency Committee on EMS.", "id": "HAB4A39ED559E4782ACF5E2B5E2E1A483", "header": "Membership", "nested": [], "links": [] }, { "text": "(c) Leadership \nThe members of the Interagency Committee on EMS shall annually select an individual from among the members of the Committee to serve as chairperson of the Committee.", "id": "H5880665918354C89989B00CA424F079C", "header": "Leadership", "nested": [], "links": [] }, { "text": "(d) Activities \nThe Interagency Committee on EMS shall carry out the following activities: (1) Ensuring coordination among the Federal agencies represented on the Interagency Committee on EMS with State, local, tribal, and regional emergency medical services and 9–1–1 systems. (2) Identifying State, local, tribal, and regional emergency medical services and 9–1–1 needs. (3) Ensuring that emergency medical services are appropriately integrated with homeland security and other emergency response programs. (4) Recommending new or expanded programs, including grant programs, for— (A) improving State, local, tribal, and regional emergency medical services; and (B) implementing improved interoperable voice and data emergency medical services and communications technologies, including wireless 9–1–1. (5) Identifying ways to streamline the process through which Federal agencies support State, local, tribal, and regional emergency medical services. (6) Assisting State, local, tribal, and regional emergency medical services in setting priorities based on identified needs. (7) Advising, consulting, and making recommendations on matters relating to the implementation of the coordinated State emergency medical services programs.", "id": "HE0EA1D2A045B490E98F814D149C1FAC4", "header": "Activities", "nested": [], "links": [] }, { "text": "(e) Meetings \nThe Interagency Committee on EMS shall meet as frequently as is determined necessary by the chairperson of the Committee, but no less frequently than quarterly.", "id": "H0B7E2443118F4D079300003E59DF90B5", "header": "Meetings", "nested": [], "links": [] }, { "text": "(f) Administration \nThe Administrator of the National Highway Traffic Safety Administration, in cooperation with the Director of the Office for Domestic Preparedness of the Department of Homeland Security, shall provide administrative support to the Interagency Committee on EMS, including scheduling meetings, setting agendas, keeping minutes and records, and producing reports.", "id": "H894F330B85B341D49C20B06CA4A27098", "header": "Administration", "nested": [], "links": [] }, { "text": "(g) Annual reports \nThe Interagency Committee on EMS shall prepare and submit an annual report to Congress on the Committee’s activities, actions, and recommendations, and shall include in such report a description of respective Federal agency responsibility, support, and coordination of emergency medical services systems.", "id": "H4E6EC0F354EB4B4AB96196647382E92C", "header": "Annual reports", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Federal Interagency Committee on Emergency Medical Services Advisory Council \n(a) Establishment \nThere is established a Federal Interagency Committee on Emergency Medical Services Advisory Council (in this Act referred to as the Advisory Council ) that shall consist of not more than 13 individuals with an interest or expertise in emergency medical services selected by the Interagency Committee on EMS. (b) Membership \nIn selecting members of the Advisory Council, the Interagency Committee on EMS shall ensure that the Advisory Council represents— (1) both urban and rural areas; and (2) all sectors of the emergency medical services community. (c) Leadership \nMembers of the Advisory Council shall annually select an individual from among the members of the Council to serve as chairperson of the Advisory Council. (d) Activities \nThe Advisory Council shall make recommendations to the Interagency Committee on EMS on topics including the following: (1) Improved coordination and support of emergency medical services systems among Federal programs. (2) Development of a national emergency medical services plan. (3) Standards, guidelines, benchmarks, and data collection on emergency medical services. (4) Guidelines for conducting needs assessments for improving community-based emergency medical services systems at State and local levels. (5) Creation of new, or the expansion of existing, grants or other programs for improving community-based emergency medical services. (6) Consolidation or realignment of Federal agency or program responsibility for emergency medical services. (7) Strengthening emergency medical services systems through enhanced workforce development, education, training, exercises, equipment, medical oversight, and other areas. (8) Issues or topics to be addressed in the annual report of the Interagency Committee on EMS. (e) Annual report \nBefore the Interagency Committee on EMS submits the annual report required under section 2(g) to Congress, the Advisory Council shall review the report and include independent information or recommendations for inclusion in the report, as deemed appropriate by the Advisory Council. (f) Meetings \nThe Advisory Council— (1) shall meet at the same time and place as the Interagency Committee on EMS, when such Committee meets; and (2) may conduct independent meetings to receive public comment and collect data and information. (g) Compensation and reimbursement \n(1) Compensation \nThe members of the Advisory Council shall receive no pay by reason of their service as a member of the Advisory Council. (2) Travel expenses \nThe members of the Advisory Council shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter 1 of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Advisory Council. (h) Administration \nThe Administrator of the National Highway Traffic Safety Administration, in cooperation with the Director of the Office for Domestic Preparedness of the Department of Homeland Security, shall provide administration support to the Advisory Council.", "id": "HFB6CF7910A5148689CB101EDB99BB6B", "header": "Federal Interagency Committee on Emergency Medical Services Advisory Council", "nested": [ { "text": "(a) Establishment \nThere is established a Federal Interagency Committee on Emergency Medical Services Advisory Council (in this Act referred to as the Advisory Council ) that shall consist of not more than 13 individuals with an interest or expertise in emergency medical services selected by the Interagency Committee on EMS.", "id": "HB7CA5265B1AE4215B7892B8FD06E009D", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Membership \nIn selecting members of the Advisory Council, the Interagency Committee on EMS shall ensure that the Advisory Council represents— (1) both urban and rural areas; and (2) all sectors of the emergency medical services community.", "id": "H23B0C69CD7DF42DBBAA2FBBDCAD006E", "header": "Membership", "nested": [], "links": [] }, { "text": "(c) Leadership \nMembers of the Advisory Council shall annually select an individual from among the members of the Council to serve as chairperson of the Advisory Council.", "id": "HF48E3C5B999B432CA8E59EDBB2AA755B", "header": "Leadership", "nested": [], "links": [] }, { "text": "(d) Activities \nThe Advisory Council shall make recommendations to the Interagency Committee on EMS on topics including the following: (1) Improved coordination and support of emergency medical services systems among Federal programs. (2) Development of a national emergency medical services plan. (3) Standards, guidelines, benchmarks, and data collection on emergency medical services. (4) Guidelines for conducting needs assessments for improving community-based emergency medical services systems at State and local levels. (5) Creation of new, or the expansion of existing, grants or other programs for improving community-based emergency medical services. (6) Consolidation or realignment of Federal agency or program responsibility for emergency medical services. (7) Strengthening emergency medical services systems through enhanced workforce development, education, training, exercises, equipment, medical oversight, and other areas. (8) Issues or topics to be addressed in the annual report of the Interagency Committee on EMS.", "id": "H39708B6DD7CD4FD8B7C80035419566D9", "header": "Activities", "nested": [], "links": [] }, { "text": "(e) Annual report \nBefore the Interagency Committee on EMS submits the annual report required under section 2(g) to Congress, the Advisory Council shall review the report and include independent information or recommendations for inclusion in the report, as deemed appropriate by the Advisory Council.", "id": "H4200310321BB4B68838D8C66E9E4A558", "header": "Annual report", "nested": [], "links": [] }, { "text": "(f) Meetings \nThe Advisory Council— (1) shall meet at the same time and place as the Interagency Committee on EMS, when such Committee meets; and (2) may conduct independent meetings to receive public comment and collect data and information.", "id": "HB9543409350F4DFEA3209CE826D7CCD5", "header": "Meetings", "nested": [], "links": [] }, { "text": "(g) Compensation and reimbursement \n(1) Compensation \nThe members of the Advisory Council shall receive no pay by reason of their service as a member of the Advisory Council. (2) Travel expenses \nThe members of the Advisory Council shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter 1 of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Advisory Council.", "id": "H2204089B2DF8416FA7660681AABECA84", "header": "Compensation and reimbursement", "nested": [], "links": [ { "text": "chapter 57", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/57" } ] }, { "text": "(h) Administration \nThe Administrator of the National Highway Traffic Safety Administration, in cooperation with the Director of the Office for Domestic Preparedness of the Department of Homeland Security, shall provide administration support to the Advisory Council.", "id": "HB69348AAA21B46C1BB57FA2D90C15E", "header": "Administration", "nested": [], "links": [] } ], "links": [ { "text": "chapter 57", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/57" } ] } ]

[ "Energy and Commerce Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H89FB20F482024AB4B8B7FB46BFE3102E", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Vaccination requirements \nPart G of title IV of the Higher Education Act of 1965 is amended by inserting after section 485C ( 20 U.S.C. 1092c ) the following new section: 485D. Vaccination requirements \n(a) Definitions \nAs used in this section: (1) The term enrolled means having registered for a credit or noncredit course. (2) The term postsecondary institution means a school of post-secondary education that generally limits enrollment to graduates of secondary schools and awards degrees at the associate, baccalaureate, or graduate level. (3) The term meningococcal vaccination means receipt of the vaccine protecting against at least the four serogroups of A, C, Y, and W–135 of meningococcal disease within the 3 years preceding the date on which the individual moves into on-campus student housing. (4) The term on-campus student housing means housing provided to individuals, regardless of the fee, that is owned, rented, or contracted for and operated by a postsecondary institution, or through written agreement, with an agent of the postsecondary institution. (b) Required meningococcal vaccination \nExcept as provided in subsection (c), an individual enrolled in a postsecondary institution living in on-campus student housing shall— (1) obtain a meningococcal vaccination; and (2) submit written documentation to the postsecondary institution from a health care professional or clinic of receipt of a meningococcal vaccination. (c) Notification of required meningococcal vaccination \nA postsecondary institution shall— (1) inform an individual or the parent or guardian of an individual younger than 18 years old of the requirement for meningococcal vaccination at the time the individual— (A) is accepted for admission to a postsecondary institution; or (B) registers for classes, if the individual is not required to apply for admission before registering for courses; (2) include notice of the requirement for meningococcal vaccination in— (A) admission acceptance information; (B) student health-related information and materials; (C) resident life information and materials; (D) the student handbook; and (E) the college catalog; and (3) provide detailed information to an individual who resides or may reside in on-campus student housing or the parent or guardian of an individual younger than 18 years old who resides or may reside in on-campus student housing concerning— (A) the risks associated with meningococcal disease; and (B) the availability and effectiveness of meningococcal vaccine. (d) Exemption from meningococcal vaccination requirement \n(1) Adults \nAn individual 18 years old or older is exempt from the meningococcal vaccination requirement under section 3 if the individual presents to the postsecondary institution a signed written waiver in the form required by section 6 stating that the individual has— (A) received and reviewed the information specified in section 4; and (B) chosen not to obtain the meningococcal vaccination. (2) Minors \nAn individual younger than 18 years old is exempt from the meningococcal vaccination requirement under section 3 if a signed written waiver in the form required by section 6 is presented to the postsecondary institution on behalf of the individual stating that a parent or guardian of the individual has— (A) received and reviewed the information specified in section 4; and (B) chosen not to have the individual obtain the meningococcal vaccination. (e) Waiver form \n(1) Adults \nA waiver form for an individual 18 years old or older shall— (A) state that the individual— (i) is 18 years old or older; (ii) has received and reviewed the information provided by the postsecondary institution on the risk of meningococcal disease and the availability and effectiveness of meningococcal vaccine; and (iii) chooses to waive the receipt of meningococcal vaccine; and (B) provide spaces for the— (i) printed name of the individual; (ii) signature of the individual; and (iii) date. (2) Minors \nA waiver form for an individual younger than 18 years old shall— (A) state that— (i) the individual is younger than 18 years old; (ii) the parent or guardian of the individual has received and reviewed the information provided by the postsecondary institution on the risk of meningococcal disease and the availability and effectiveness of meningococcal vaccine; and (iii) the parent or guardian of the individual chooses to waive the receipt of meningococcal vaccine for the individual; and (B) provide spaces for the— (i) printed name of the individual; (ii) printed name of the parent or guardian; (iii) signature of the parent or guardian; and (iv) date. (f) Payment for inoculation \nNothing in this section shall be construed to require a postsecondary institution or a local public health agency to provide or pay for a meningococcal vaccination..", "id": "HF7EFC91A1DE349E482F066A0677B2152", "header": "Vaccination requirements", "nested": [], "links": [ { "text": "20 U.S.C. 1092c", "legal-doc": "usc", "parsable-cite": "usc/20/1092c" } ] }, { "text": "485D. Vaccination requirements \n(a) Definitions \nAs used in this section: (1) The term enrolled means having registered for a credit or noncredit course. (2) The term postsecondary institution means a school of post-secondary education that generally limits enrollment to graduates of secondary schools and awards degrees at the associate, baccalaureate, or graduate level. (3) The term meningococcal vaccination means receipt of the vaccine protecting against at least the four serogroups of A, C, Y, and W–135 of meningococcal disease within the 3 years preceding the date on which the individual moves into on-campus student housing. (4) The term on-campus student housing means housing provided to individuals, regardless of the fee, that is owned, rented, or contracted for and operated by a postsecondary institution, or through written agreement, with an agent of the postsecondary institution. (b) Required meningococcal vaccination \nExcept as provided in subsection (c), an individual enrolled in a postsecondary institution living in on-campus student housing shall— (1) obtain a meningococcal vaccination; and (2) submit written documentation to the postsecondary institution from a health care professional or clinic of receipt of a meningococcal vaccination. (c) Notification of required meningococcal vaccination \nA postsecondary institution shall— (1) inform an individual or the parent or guardian of an individual younger than 18 years old of the requirement for meningococcal vaccination at the time the individual— (A) is accepted for admission to a postsecondary institution; or (B) registers for classes, if the individual is not required to apply for admission before registering for courses; (2) include notice of the requirement for meningococcal vaccination in— (A) admission acceptance information; (B) student health-related information and materials; (C) resident life information and materials; (D) the student handbook; and (E) the college catalog; and (3) provide detailed information to an individual who resides or may reside in on-campus student housing or the parent or guardian of an individual younger than 18 years old who resides or may reside in on-campus student housing concerning— (A) the risks associated with meningococcal disease; and (B) the availability and effectiveness of meningococcal vaccine. (d) Exemption from meningococcal vaccination requirement \n(1) Adults \nAn individual 18 years old or older is exempt from the meningococcal vaccination requirement under section 3 if the individual presents to the postsecondary institution a signed written waiver in the form required by section 6 stating that the individual has— (A) received and reviewed the information specified in section 4; and (B) chosen not to obtain the meningococcal vaccination. (2) Minors \nAn individual younger than 18 years old is exempt from the meningococcal vaccination requirement under section 3 if a signed written waiver in the form required by section 6 is presented to the postsecondary institution on behalf of the individual stating that a parent or guardian of the individual has— (A) received and reviewed the information specified in section 4; and (B) chosen not to have the individual obtain the meningococcal vaccination. (e) Waiver form \n(1) Adults \nA waiver form for an individual 18 years old or older shall— (A) state that the individual— (i) is 18 years old or older; (ii) has received and reviewed the information provided by the postsecondary institution on the risk of meningococcal disease and the availability and effectiveness of meningococcal vaccine; and (iii) chooses to waive the receipt of meningococcal vaccine; and (B) provide spaces for the— (i) printed name of the individual; (ii) signature of the individual; and (iii) date. (2) Minors \nA waiver form for an individual younger than 18 years old shall— (A) state that— (i) the individual is younger than 18 years old; (ii) the parent or guardian of the individual has received and reviewed the information provided by the postsecondary institution on the risk of meningococcal disease and the availability and effectiveness of meningococcal vaccine; and (iii) the parent or guardian of the individual chooses to waive the receipt of meningococcal vaccine for the individual; and (B) provide spaces for the— (i) printed name of the individual; (ii) printed name of the parent or guardian; (iii) signature of the parent or guardian; and (iv) date. (f) Payment for inoculation \nNothing in this section shall be construed to require a postsecondary institution or a local public health agency to provide or pay for a meningococcal vaccination.", "id": "HBB618D8D2AF047799B9F653C4EDD46EA", "header": "Vaccination requirements", "nested": [ { "text": "(a) Definitions \nAs used in this section: (1) The term enrolled means having registered for a credit or noncredit course. (2) The term postsecondary institution means a school of post-secondary education that generally limits enrollment to graduates of secondary schools and awards degrees at the associate, baccalaureate, or graduate level. (3) The term meningococcal vaccination means receipt of the vaccine protecting against at least the four serogroups of A, C, Y, and W–135 of meningococcal disease within the 3 years preceding the date on which the individual moves into on-campus student housing. (4) The term on-campus student housing means housing provided to individuals, regardless of the fee, that is owned, rented, or contracted for and operated by a postsecondary institution, or through written agreement, with an agent of the postsecondary institution.", "id": "H1501B82AF10F43EF944E303D5731FB89", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Required meningococcal vaccination \nExcept as provided in subsection (c), an individual enrolled in a postsecondary institution living in on-campus student housing shall— (1) obtain a meningococcal vaccination; and (2) submit written documentation to the postsecondary institution from a health care professional or clinic of receipt of a meningococcal vaccination.", "id": "HACEAFE142016441300B8B7B13E74E07", "header": "Required meningococcal vaccination", "nested": [], "links": [] }, { "text": "(c) Notification of required meningococcal vaccination \nA postsecondary institution shall— (1) inform an individual or the parent or guardian of an individual younger than 18 years old of the requirement for meningococcal vaccination at the time the individual— (A) is accepted for admission to a postsecondary institution; or (B) registers for classes, if the individual is not required to apply for admission before registering for courses; (2) include notice of the requirement for meningococcal vaccination in— (A) admission acceptance information; (B) student health-related information and materials; (C) resident life information and materials; (D) the student handbook; and (E) the college catalog; and (3) provide detailed information to an individual who resides or may reside in on-campus student housing or the parent or guardian of an individual younger than 18 years old who resides or may reside in on-campus student housing concerning— (A) the risks associated with meningococcal disease; and (B) the availability and effectiveness of meningococcal vaccine.", "id": "HDAA3FAC4CFE64DF5A48700E9111971B8", "header": "Notification of required meningococcal vaccination", "nested": [], "links": [] }, { "text": "(d) Exemption from meningococcal vaccination requirement \n(1) Adults \nAn individual 18 years old or older is exempt from the meningococcal vaccination requirement under section 3 if the individual presents to the postsecondary institution a signed written waiver in the form required by section 6 stating that the individual has— (A) received and reviewed the information specified in section 4; and (B) chosen not to obtain the meningococcal vaccination. (2) Minors \nAn individual younger than 18 years old is exempt from the meningococcal vaccination requirement under section 3 if a signed written waiver in the form required by section 6 is presented to the postsecondary institution on behalf of the individual stating that a parent or guardian of the individual has— (A) received and reviewed the information specified in section 4; and (B) chosen not to have the individual obtain the meningococcal vaccination.", "id": "HA932CC4589CF45FF8BA1A3AFFA9343C9", "header": "Exemption from meningococcal vaccination requirement", "nested": [], "links": [] }, { "text": "(e) Waiver form \n(1) Adults \nA waiver form for an individual 18 years old or older shall— (A) state that the individual— (i) is 18 years old or older; (ii) has received and reviewed the information provided by the postsecondary institution on the risk of meningococcal disease and the availability and effectiveness of meningococcal vaccine; and (iii) chooses to waive the receipt of meningococcal vaccine; and (B) provide spaces for the— (i) printed name of the individual; (ii) signature of the individual; and (iii) date. (2) Minors \nA waiver form for an individual younger than 18 years old shall— (A) state that— (i) the individual is younger than 18 years old; (ii) the parent or guardian of the individual has received and reviewed the information provided by the postsecondary institution on the risk of meningococcal disease and the availability and effectiveness of meningococcal vaccine; and (iii) the parent or guardian of the individual chooses to waive the receipt of meningococcal vaccine for the individual; and (B) provide spaces for the— (i) printed name of the individual; (ii) printed name of the parent or guardian; (iii) signature of the parent or guardian; and (iv) date.", "id": "H6F8DB7EF080C4A4F936EC56F43C0C5BA", "header": "Waiver form", "nested": [], "links": [] }, { "text": "(f) Payment for inoculation \nNothing in this section shall be construed to require a postsecondary institution or a local public health agency to provide or pay for a meningococcal vaccination.", "id": "H90DEB51904D346DAB56ED4CFDE98FBB8", "header": "Payment for inoculation", "nested": [], "links": [] } ], "links": [] } ]

[ "Education and the Workforce Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Long Island Sound Protection Act.", "id": "HD869BB38088D48A485089D32C406A87E", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Prohibition on dumping of dredged material \nSection 106 of the Marine Protection, Research, and Sanctuaries Act of 1972 ( 33 U.S.C. 1416 ) is amended by striking subsection (f) and inserting the following: (f) Prohibition on dumping of dredged material \n(1) Definitions \nIn this subsection: (A) Covered body of water \nThe term covered body of water means— (i) Long Island Sound; (ii) Fisher's Island Sound; (iii) Block Island Sound; (iv) Peconic Bay; and (v) any harbor or tributary of a body of water described in any of clauses (i) through (iv). (B) Covered project \nThe term covered project means— (i) any Federal dredging project (or any project conducted for a Federal agency pursuant to Federal authorization); (ii) a dredging project carried out by a non-Federal entity that results in the production of more than 25,000 cubic yards of dredged material; and (iii) any of 2 or more dredging projects carried out by 1 or more non-Federal entities in a covered body of water, simultaneously or sequentially within a 180-day period, that result, in the aggregate, in the production of more than 25,000 cubic yards of dredged material. (C) Plan \nThe term plan means the dredged material management plan required under paragraph (5). (2) Prohibition \nNo dredged material from any covered project shall be dumped, or transported for the purpose of dumping, into any covered body of water unless and until the dredged material is determined by the Administrator— (A) to have, or to cause (including through bioaccumulation), concentrations of chemical constituents that are not greater than those concentrations present in the water column, sediments, and biota of areas proximate to, but unaffected by, the proposed disposal site; and (B) to meet all requirements under this title (including the trace contaminant provision under section 227.6 of title 40, Code of Federal Regulations (or a successor regulation), and requirements under other regulations promulgated under section 108). (3) Designation of sites \nNo dredged material shall be dumped, or transported for the purpose of dumping, into any covered body of water except— (A) at a site designated by the Administrator in accordance with section 102(c); and (B) upon a determination by the Administrator, following approval of the plan required under paragraph (5)(F), that no feasible alternative to ocean disposal, including sediment remediation, beneficial reuse, and land-based alternatives, is available prior to the time of designation. (4) Relationship to other law \n(A) In general \nExcept as provided in subparagraph (B), this title applies to each covered body of water. (B) Exception \nNo waiver under section 103(d) shall be available for the dumping of dredged material in any covered body of water. (5) Dredged material management plan \n(A) In general \nBefore designation of any dredged material disposal site in a covered body of water, the Secretary and the Administrator, in consultation with the United States Fish and Wildlife Service, the National Marine Fisheries Service, the Coast Guard, and the States of Connecticut and New York, shall— (i) develop a dredged material management plan for the management of all dredged sediment in the covered bodies of water; and (ii) submit the plan to Congress and the Governors of the States of Connecticut and New York. (B) Objectives \nThe objectives of the plan shall be— (i) to identify sources, quantities, and the extent of contamination of dredged material that requires disposal; (ii) to determine management actions that are to be taken to reduce sediment and contaminant loading of dredged areas; (iii) to thoroughly assess alternative locations, treatment technologies, and beneficial uses for dredged material; (iv) to ensure that dumping is the disposal option of last resort for dredged material and is used only after all other options have been exhausted; (v) to secure— (I) alternative methods of disposal of dredged materials, including decontamination technologies; and (II) alternative uses of materials, including upland disposal, containment, beach nourishment, marsh restoration, habitat construction, and other beneficial reuses; and (vi) to confirm the specific roles of Federal, State, and local agencies with respect to various aspects of dredged material management. (C) Requirements \nThe plan shall include environmental, economic, and other analysis required to meet the objectives listed in subparagraph (B), including— (i) an analysis of strategies to reduce sediment loading of harbors and navigation areas; (ii) an analysis of sources of sediment contamination, including recommendations for management measures to limit or reduce those contamination sources; (iii) an analysis of options for reducing dredging needs through modification of navigation strategies; (iv) an analysis of decontamination technologies, including subsequent alternative uses of decontaminated materials (such as upland disposal, containment, beach nourishment, marsh restoration, and habitat construction); and (v) a program for use of alternative methods of disposal and use of dredged material, including alternatives to dumping or dispersal in a covered body of water. (D) Public input \nThe Secretary and the Administrator shall— (i) during the development of the plan, hold in the States of Connecticut and New York a series of public hearings on the plan; and (ii) append to the plan a summary of the public comments received. (E) Support \nEach of the Federal agencies referred to in subparagraph (A) shall provide such staff support and other resources as are necessary to carry out this paragraph. (F) Approval by connecticut and new york \n(i) In general \nNot later than 60 days after the date of receipt of the plan, the Governors of the States of Connecticut and New York shall notify the Secretary and the Administrator of whether the States approve or disapprove the plan. (ii) Dumping of dredged material \nNo dredged material from a covered project may be dumped, or transported for the purpose of dumping, in any covered body of water unless the dredged material— (I) conforms to a plan that has been approved by the Governors of the States of Connecticut and New York; and (II) is to be dumped in a dredged material disposal site designated by the Administrator under this title. (iii) Finality \nNo dredged material disposal plan shall become final until the plan has been approved by the States of Connecticut and New York under clause (i). (iv) Previously designated sites \nNo dredged material disposal site in any covered body of water that was designated before the date of enactment of this clause shall be used for dumping of dredged material from a covered project until the plan has been approved by the States of Connecticut and New York under clause (i). (G) Authorization of appropriations \nThere is authorized to be appropriated to carry out this paragraph $5,000,000 for each of fiscal years 2005 and 2006..", "id": "HC6D8FBFA6DD9462DBFD95900EAED9DE7", "header": "Prohibition on dumping of dredged material", "nested": [], "links": [ { "text": "33 U.S.C. 1416", "legal-doc": "usc", "parsable-cite": "usc/33/1416" }, { "text": "section 227.6", "legal-doc": "cfr", "parsable-cite": "cfr/40/227.6" } ] } ]

[ "Transportation and Infrastructure Committee" ]

[ { "text": "1. Excise tax on arrows \n(a) Repeal \nSubsection (b) of section 332 of the American Jobs Creation Act of 2004, and the amendments made by such subsection, are hereby repealed; and the Internal Revenue Code of 1986 shall be applied as if such subsection and amendments had never been enacted. (b) Tax on arrow shafts \nParagraph (2) of section 4161(b) of the Internal Revenue Code of 1986 (relating to arrows) is amended to read as follows: (2) Arrows \n(A) In general \nThere is hereby imposed on the first sale by the manufacturer, producer, or importer of any shaft (whether sold separately or incorporated as part of a finished or unfinished product) of a type used in the manufacture of any arrow which after its assembly— (i) measures 18 inches overall or more in length, or (ii) measures less than 18 inches overall in length but is suitable for use with a bow described in paragraph (1)(A), a tax equal to 39 cents per shaft. (B) Adjustment for inflation \n(i) In general \nIn the case of any calendar year beginning after 2005, the 39-cent amount specified in subparagraph (A) shall be increased by an amount equal to the product of— (I) such amount, multiplied by (II) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting 2004 for 1992 in subparagraph (B) thereof. (ii) Rounding \nIf any increase determined under clause (i) is not a multiple of 1 cent, such increase shall be rounded to the nearest multiple of 1 cent.. (c) Arrow points \nClause (ii) of section 4161(b)(1)(B) (relating to archery equipment) of such Code is amended by striking quiver or broadhead and inserting quiver, broadhead, or point. (d) Effective date \nThe amendments made by subsections (b) and (c) shall apply to articles sold by the manufacturer, producer, or importer after March 31, 2005.", "id": "HE18E7091544948718701CF85158CA4D0", "header": "Excise tax on arrows", "nested": [ { "text": "(a) Repeal \nSubsection (b) of section 332 of the American Jobs Creation Act of 2004, and the amendments made by such subsection, are hereby repealed; and the Internal Revenue Code of 1986 shall be applied as if such subsection and amendments had never been enacted.", "id": "HDFB90B470B584AFE80E6BEF9DB41AD00", "header": "Repeal", "nested": [], "links": [] }, { "text": "(b) Tax on arrow shafts \nParagraph (2) of section 4161(b) of the Internal Revenue Code of 1986 (relating to arrows) is amended to read as follows: (2) Arrows \n(A) In general \nThere is hereby imposed on the first sale by the manufacturer, producer, or importer of any shaft (whether sold separately or incorporated as part of a finished or unfinished product) of a type used in the manufacture of any arrow which after its assembly— (i) measures 18 inches overall or more in length, or (ii) measures less than 18 inches overall in length but is suitable for use with a bow described in paragraph (1)(A), a tax equal to 39 cents per shaft. (B) Adjustment for inflation \n(i) In general \nIn the case of any calendar year beginning after 2005, the 39-cent amount specified in subparagraph (A) shall be increased by an amount equal to the product of— (I) such amount, multiplied by (II) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting 2004 for 1992 in subparagraph (B) thereof. (ii) Rounding \nIf any increase determined under clause (i) is not a multiple of 1 cent, such increase shall be rounded to the nearest multiple of 1 cent..", "id": "H354CD64FF5BF456EB8D510E99E00BB26", "header": "Tax on arrow shafts", "nested": [], "links": [ { "text": "section 4161(b)", "legal-doc": "usc", "parsable-cite": "usc/26/4161" } ] }, { "text": "(c) Arrow points \nClause (ii) of section 4161(b)(1)(B) (relating to archery equipment) of such Code is amended by striking quiver or broadhead and inserting quiver, broadhead, or point.", "id": "H365C82075B2B49D190001460FDC10700", "header": "Arrow points", "nested": [], "links": [] }, { "text": "(d) Effective date \nThe amendments made by subsections (b) and (c) shall apply to articles sold by the manufacturer, producer, or importer after March 31, 2005.", "id": "HB58AB859F1764892B8230032B89650F5", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "section 4161(b)", "legal-doc": "usc", "parsable-cite": "usc/26/4161" } ] } ]

[ "Ways and Means Committee" ]

[ { "text": "1. Increase in amount of basic educational assistance \n(a) In general \nSection 16131(b) of title 10, United States Code, is amended to read as follows: (b) Except as provided in subsections (d) through (f), each educational assistance program established under subsection (a) shall provide for payment by the Secretary concerned, through the Secretary of Veterans Affairs, to each person entitled to educational assistance under this chapter who is pursuing a program of education of an educational assistance allowance at the following monthly rates: (1) For such a program of education pursued on a full-time basis, at the monthly rate equal to the applicable percentage (as defined in paragraph (3)) of the rate that applies for the month under section 3015(a)(1) of title 38. (2)(A) Subject to subparagraph (B), for such a program of education pursued on a less than a full-time basis, at an appropriately reduced rate, as determined under regulations which the Secretaries concerned shall prescribe. (B) No payment may be made to a person for less than half-time pursuit of such a program of education if tuition assistance is otherwise available to the person for such pursuit from the military department concerned. (3) In this subsection, the term applicable percentage means, with respect to months occurring during— (A) fiscal year 2005, 33 percent; (B) fiscal year 2006, 37 percent; (C) fiscal year 2007, 41 percent; (D) fiscal year 2008, 45 percent; and (E) fiscal year 2009, and each subsequent fiscal year, 50 percent.. (b) Effective date \nThe amendments made by subsection (a) shall take effect on October 1, 2004, and shall apply with respect to educational assistance allowances under section 16131(b) of such title paid for months after September 2004.", "id": "H8587A42B5AAB40C7AF8C15D05F8905A9", "header": "Increase in amount of basic educational assistance", "nested": [ { "text": "(a) In general \nSection 16131(b) of title 10, United States Code, is amended to read as follows: (b) Except as provided in subsections (d) through (f), each educational assistance program established under subsection (a) shall provide for payment by the Secretary concerned, through the Secretary of Veterans Affairs, to each person entitled to educational assistance under this chapter who is pursuing a program of education of an educational assistance allowance at the following monthly rates: (1) For such a program of education pursued on a full-time basis, at the monthly rate equal to the applicable percentage (as defined in paragraph (3)) of the rate that applies for the month under section 3015(a)(1) of title 38. (2)(A) Subject to subparagraph (B), for such a program of education pursued on a less than a full-time basis, at an appropriately reduced rate, as determined under regulations which the Secretaries concerned shall prescribe. (B) No payment may be made to a person for less than half-time pursuit of such a program of education if tuition assistance is otherwise available to the person for such pursuit from the military department concerned. (3) In this subsection, the term applicable percentage means, with respect to months occurring during— (A) fiscal year 2005, 33 percent; (B) fiscal year 2006, 37 percent; (C) fiscal year 2007, 41 percent; (D) fiscal year 2008, 45 percent; and (E) fiscal year 2009, and each subsequent fiscal year, 50 percent..", "id": "HF6E446ACA9B640DF817C78CBC82F2528", "header": "In general", "nested": [], "links": [ { "text": "Section 16131(b)", "legal-doc": "usc", "parsable-cite": "usc/10/16131" }, { "text": "section 3015(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/38/3015" } ] }, { "text": "(b) Effective date \nThe amendments made by subsection (a) shall take effect on October 1, 2004, and shall apply with respect to educational assistance allowances under section 16131(b) of such title paid for months after September 2004.", "id": "H346D946E5CA04AAAAF7331C3BF3C789E", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Section 16131(b)", "legal-doc": "usc", "parsable-cite": "usc/10/16131" }, { "text": "section 3015(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/38/3015" } ] }, { "text": "2. Expansion of eligibility requirements for members of the Selected Reserve having served on active duty for a period of 24 non-consecutive months under chapter 30 of title 38, United States Code \n(a) Credit for 24 months of active duty service over a period of 5 years \nSub section 3012(a) of title 38, United States Code, is amended in paragraphs (1)(A)(i), (1)(B)(i), and (1)(C)(iii)(I) by striking two years of continuous active duty each place it appears and inserting a cumulative period of 24 months during any 5-year period. (b) Conforming Amendment \nSubsection (b) of section 3012 of such title is amended in paragraph (1) by striking during such two years and inserting at any time during such 5-year period. (c) Effective date \nThe amendments made by this section shall apply on or after October 1, 2005.", "id": "H0B7FBF28436747FF94D6E4D78C50261E", "header": "Expansion of eligibility requirements for members of the Selected Reserve having served on active duty for a period of 24 non-consecutive months under chapter 30 of title 38, United States Code", "nested": [ { "text": "(a) Credit for 24 months of active duty service over a period of 5 years \nSub section 3012(a) of title 38, United States Code, is amended in paragraphs (1)(A)(i), (1)(B)(i), and (1)(C)(iii)(I) by striking two years of continuous active duty each place it appears and inserting a cumulative period of 24 months during any 5-year period.", "id": "HF4022A61D36D4C3CB2AF865B3BBE6DF", "header": "Credit for 24 months of active duty service over a period of 5 years", "nested": [], "links": [ { "text": "section 3012(a)", "legal-doc": "usc", "parsable-cite": "usc/38/3012" } ] }, { "text": "(b) Conforming Amendment \nSubsection (b) of section 3012 of such title is amended in paragraph (1) by striking during such two years and inserting at any time during such 5-year period.", "id": "HC05426F4890A4B9282E26B61F4BCAF46", "header": "Conforming Amendment", "nested": [], "links": [] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply on or after October 1, 2005.", "id": "HFBF06680F7354C0FA9DEDB69F013AEB2", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "chapter 30", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/30" }, { "text": "section 3012(a)", "legal-doc": "usc", "parsable-cite": "usc/38/3012" } ] } ]

[ "Veterans' Affairs Committee", "Armed Services Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Children's Hospitals Education Equity and Research (CHEER) Act of 2004.", "id": "H47AB78671BFF437C9E34FA72E3CCEDB", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Reauthorization of Children's Hospitals Graduate Medical Education Program \n(a) Extension of program \nSection 340E(a) of the Public Health Service Act ( 42 U.S.C. 256e(a) ) is amended by striking 2005 and inserting 2010. (b) Description of amount of payments \nSection 340E(b) of the Public Health Service Act ( 42 U.S.C. 256e(b) ) is amended— (1) in paragraph (1)(B), by striking relating to teaching residents in such and inserting associated with graduate medical residency training ; and (2) in paragraph (2)(A), by inserting before the period at the end , except that for purposes of this paragraph such total excludes amounts that remain available from a previous fiscal year under paragraph (1)(B) or (2)(B) of subsection (f). (c) Direct graduate medical education \nSection 340E(c) of the Public Health Service Act ( 42 U.S.C. 256e(c) ) is amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking product and inserting sum ; (B) in subparagraph (A), by striking (A) the updated per resident and inserting the following: (A) the product of— (i) the updated per resident ; (C) by redesignating subparagraph (B) as clause (ii) and indenting appropriately; (D) in subparagraph (A)(ii) (as so redesignated)— (i) by inserting , but without giving effect to section 1886(h)(7) of such Act) after section 1886(h)(4) of the Social Security Act ; and (ii) by striking the period and inserting ; and ; and (E) by inserting after subparagraph (A) the following: (B) amounts for other approved education programs that are provider-operated, as defined for purposes of Medicare payment, limited to not more than 30 percent of costs that would be allowed for such programs under Medicare rules for hospitals reimbursed under section 1886(d) of the Social Security Act. ; and (2) in paragraph (2)(B), by inserting before the period at the end , without giving effect to section 1886(d)(3)(E)(ii) of the Social Security Act. (d) Indirect Graduate Medical Education \nSection 340E(d) of the Public Health Service Act ( 42 U.S.C. 256e(d) ) is amended— (1) in paragraph (1), by striking related to and inserting associated with ; and (2) in paragraph (2)(A)— (A) by inserting ratio of the after hospitals and the ; and (B) by inserting at the end before the semicolon to beds (but excluding beds or bassinets assigned to healthy newborn infants). (e) Nature of payments \nSection 340E(e) of the Public Health Service Act ( 42 U.S.C. 256e(e) ) is amended— (1) in paragraph (2), by striking the first sentence; (2) in paragraph (3), by striking recoup any overpayments made to pay any balance due to the extent possible and all that follows through the end of the paragraph and inserting the following: recoup any overpayments made and pay any balance due. To the greatest extent possible, amounts recouped from a hospital are to be distributed to other hospitals in the same fiscal year. Amounts recouped from a hospital and not disbursed to other hospitals in the same fiscal year shall remain available for distribution during the subsequent fiscal year. Unless there is fraud, amounts paid to a hospital without a demand for recoupment by the end of the fiscal year shall be final and not subject to recoupment. ; and (3) by adding at the end the following: (4) Appeals \n(A) In general \nA decision affecting the amount payable to a hospital pursuant to this section shall— (i) be subject to review under section 1878 of the Social Security Act in the same manner as final determinations of a fiscal intermediary of the amount of payment under section 1886(d) of such Act are subject to review; and (ii) be handled expeditiously so that the review decision is reflected in the final reconciliation for the year in which the appeal is made. (B) Limitation \nA review decision pursuant to this section shall not affect payments for a fiscal year prior to the fiscal year in which the review decision is rendered. (C) Application to subsequent fiscal years \nThe Secretary shall apply a review decision in determining the amount of payment for the appealing hospital in the fiscal year in which the decision is rendered and in subsequent years, unless the law at issue in the review decision is amended or there are material differences between the facts for the fiscal year for which the review decision is rendered and the year for which payment is made. Nothing in this section shall be construed to prohibit a hospital from appealing similar determinations in subsequent periods.. (f) Authorization of appropriations \nSection 340E(f) of the Public Health Service Act ( 42 U.S.C. 256e(f) ) is amended— (1) in paragraph (1)— (A) in subparagraph (A)— (i) in clause (ii), by striking and ; (ii) in clause (iii), by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following: (iv) for fiscal year 2006, $110,000,000; and (v) for each of fiscal years 2007 through 2010, such sums as may be necessary, including an annual adjustment to reflect increases in the Consumer Price Index. ; and (B) in subparagraph (B), by striking for fiscal year 2000 and all that follows and inserting for fiscal year 2006 and each subsequent fiscal year shall remain available for obligation for the year appropriated and the subsequent fiscal year. ; and (2) in paragraph (2)— (A) by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively, and indenting appropriately; (B) by striking There are hereby authorized and inserting the following: (A) In general \nThere are authorized ; (C) in clause (ii) (as redesignated by this paragraph), by striking and ; (D) in clause (iii) (as redesignated by this paragraph), by striking the period at the end and inserting a semicolon; (E) by adding at the end of subparagraph (A) (as designated by this paragraph), the following: (iv) for fiscal year 2006, $220,000,000; and (v) for each of fiscal years 2007 through 2010, such sums as may be necessary, including an annual adjustment to reflect increases in the Consumer Price Index. ; and (F) at the end of paragraph (2), by adding the following: (B) Carryover of excess \nTo the extent that amounts are not expended in the year for which they are appropriated, the amounts appropriated under subparagraph (A) for fiscal year 2006 and each subsequent fiscal year shall remain available for obligation through the end of the following fiscal year.. (g) Definitions \nParagraph (3) of section 340E(g) of the Public Health Service Act ( 42 U.S.C. 256e(g) ) is amended by striking has and all that follows through the end of the sentence and inserting — (A) has the meaning given such term in section 1886(h)(5)(C) of the Social Security Act; and (B) includes costs of approved educational activities, as such term is used in section 1886(a)(4) of the Social Security Act..", "id": "H51D804F262BD484F98343CB8BC1CD7F7", "header": "Reauthorization of Children's Hospitals Graduate Medical Education Program", "nested": [ { "text": "(a) Extension of program \nSection 340E(a) of the Public Health Service Act ( 42 U.S.C. 256e(a) ) is amended by striking 2005 and inserting 2010.", "id": "HE885C2C3E8B24C4D9F267ED3B6B84AE", "header": "Extension of program", "nested": [], "links": [ { "text": "42 U.S.C. 256e(a)", "legal-doc": "usc", "parsable-cite": "usc/42/256e" } ] }, { "text": "(b) Description of amount of payments \nSection 340E(b) of the Public Health Service Act ( 42 U.S.C. 256e(b) ) is amended— (1) in paragraph (1)(B), by striking relating to teaching residents in such and inserting associated with graduate medical residency training ; and (2) in paragraph (2)(A), by inserting before the period at the end , except that for purposes of this paragraph such total excludes amounts that remain available from a previous fiscal year under paragraph (1)(B) or (2)(B) of subsection (f).", "id": "H18C9972926444B7DA2ED61E86490A8CF", "header": "Description of amount of payments", "nested": [], "links": [ { "text": "42 U.S.C. 256e(b)", "legal-doc": "usc", "parsable-cite": "usc/42/256e" } ] }, { "text": "(c) Direct graduate medical education \nSection 340E(c) of the Public Health Service Act ( 42 U.S.C. 256e(c) ) is amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking product and inserting sum ; (B) in subparagraph (A), by striking (A) the updated per resident and inserting the following: (A) the product of— (i) the updated per resident ; (C) by redesignating subparagraph (B) as clause (ii) and indenting appropriately; (D) in subparagraph (A)(ii) (as so redesignated)— (i) by inserting , but without giving effect to section 1886(h)(7) of such Act) after section 1886(h)(4) of the Social Security Act ; and (ii) by striking the period and inserting ; and ; and (E) by inserting after subparagraph (A) the following: (B) amounts for other approved education programs that are provider-operated, as defined for purposes of Medicare payment, limited to not more than 30 percent of costs that would be allowed for such programs under Medicare rules for hospitals reimbursed under section 1886(d) of the Social Security Act. ; and (2) in paragraph (2)(B), by inserting before the period at the end , without giving effect to section 1886(d)(3)(E)(ii) of the Social Security Act.", "id": "H51C17EFA918E49B4976992B9468D5917", "header": "Direct graduate medical education", "nested": [], "links": [ { "text": "42 U.S.C. 256e(c)", "legal-doc": "usc", "parsable-cite": "usc/42/256e" } ] }, { "text": "(d) Indirect Graduate Medical Education \nSection 340E(d) of the Public Health Service Act ( 42 U.S.C. 256e(d) ) is amended— (1) in paragraph (1), by striking related to and inserting associated with ; and (2) in paragraph (2)(A)— (A) by inserting ratio of the after hospitals and the ; and (B) by inserting at the end before the semicolon to beds (but excluding beds or bassinets assigned to healthy newborn infants).", "id": "H0E462350D8CF45AC0074371B31A72DB2", "header": "Indirect Graduate Medical Education", "nested": [], "links": [ { "text": "42 U.S.C. 256e(d)", "legal-doc": "usc", "parsable-cite": "usc/42/256e" } ] }, { "text": "(e) Nature of payments \nSection 340E(e) of the Public Health Service Act ( 42 U.S.C. 256e(e) ) is amended— (1) in paragraph (2), by striking the first sentence; (2) in paragraph (3), by striking recoup any overpayments made to pay any balance due to the extent possible and all that follows through the end of the paragraph and inserting the following: recoup any overpayments made and pay any balance due. To the greatest extent possible, amounts recouped from a hospital are to be distributed to other hospitals in the same fiscal year. Amounts recouped from a hospital and not disbursed to other hospitals in the same fiscal year shall remain available for distribution during the subsequent fiscal year. Unless there is fraud, amounts paid to a hospital without a demand for recoupment by the end of the fiscal year shall be final and not subject to recoupment. ; and (3) by adding at the end the following: (4) Appeals \n(A) In general \nA decision affecting the amount payable to a hospital pursuant to this section shall— (i) be subject to review under section 1878 of the Social Security Act in the same manner as final determinations of a fiscal intermediary of the amount of payment under section 1886(d) of such Act are subject to review; and (ii) be handled expeditiously so that the review decision is reflected in the final reconciliation for the year in which the appeal is made. (B) Limitation \nA review decision pursuant to this section shall not affect payments for a fiscal year prior to the fiscal year in which the review decision is rendered. (C) Application to subsequent fiscal years \nThe Secretary shall apply a review decision in determining the amount of payment for the appealing hospital in the fiscal year in which the decision is rendered and in subsequent years, unless the law at issue in the review decision is amended or there are material differences between the facts for the fiscal year for which the review decision is rendered and the year for which payment is made. Nothing in this section shall be construed to prohibit a hospital from appealing similar determinations in subsequent periods..", "id": "H232275C66E874219B0C4AF9549745592", "header": "Nature of payments", "nested": [], "links": [ { "text": "42 U.S.C. 256e(e)", "legal-doc": "usc", "parsable-cite": "usc/42/256e" } ] }, { "text": "(f) Authorization of appropriations \nSection 340E(f) of the Public Health Service Act ( 42 U.S.C. 256e(f) ) is amended— (1) in paragraph (1)— (A) in subparagraph (A)— (i) in clause (ii), by striking and ; (ii) in clause (iii), by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following: (iv) for fiscal year 2006, $110,000,000; and (v) for each of fiscal years 2007 through 2010, such sums as may be necessary, including an annual adjustment to reflect increases in the Consumer Price Index. ; and (B) in subparagraph (B), by striking for fiscal year 2000 and all that follows and inserting for fiscal year 2006 and each subsequent fiscal year shall remain available for obligation for the year appropriated and the subsequent fiscal year. ; and (2) in paragraph (2)— (A) by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively, and indenting appropriately; (B) by striking There are hereby authorized and inserting the following: (A) In general \nThere are authorized ; (C) in clause (ii) (as redesignated by this paragraph), by striking and ; (D) in clause (iii) (as redesignated by this paragraph), by striking the period at the end and inserting a semicolon; (E) by adding at the end of subparagraph (A) (as designated by this paragraph), the following: (iv) for fiscal year 2006, $220,000,000; and (v) for each of fiscal years 2007 through 2010, such sums as may be necessary, including an annual adjustment to reflect increases in the Consumer Price Index. ; and (F) at the end of paragraph (2), by adding the following: (B) Carryover of excess \nTo the extent that amounts are not expended in the year for which they are appropriated, the amounts appropriated under subparagraph (A) for fiscal year 2006 and each subsequent fiscal year shall remain available for obligation through the end of the following fiscal year..", "id": "H491F8CE5975B4F23A7229424FB370008", "header": "Authorization of appropriations", "nested": [], "links": [ { "text": "42 U.S.C. 256e(f)", "legal-doc": "usc", "parsable-cite": "usc/42/256e" } ] }, { "text": "(g) Definitions \nParagraph (3) of section 340E(g) of the Public Health Service Act ( 42 U.S.C. 256e(g) ) is amended by striking has and all that follows through the end of the sentence and inserting — (A) has the meaning given such term in section 1886(h)(5)(C) of the Social Security Act; and (B) includes costs of approved educational activities, as such term is used in section 1886(a)(4) of the Social Security Act..", "id": "HAC1F1DB5A93C4203996DB5CDEB8EB267", "header": "Definitions", "nested": [], "links": [ { "text": "42 U.S.C. 256e(g)", "legal-doc": "usc", "parsable-cite": "usc/42/256e" } ] } ], "links": [ { "text": "42 U.S.C. 256e(a)", "legal-doc": "usc", "parsable-cite": "usc/42/256e" }, { "text": "42 U.S.C. 256e(b)", "legal-doc": "usc", "parsable-cite": "usc/42/256e" }, { "text": "42 U.S.C. 256e(c)", "legal-doc": "usc", "parsable-cite": "usc/42/256e" }, { "text": "42 U.S.C. 256e(d)", "legal-doc": "usc", "parsable-cite": "usc/42/256e" }, { "text": "42 U.S.C. 256e(e)", "legal-doc": "usc", "parsable-cite": "usc/42/256e" }, { "text": "42 U.S.C. 256e(f)", "legal-doc": "usc", "parsable-cite": "usc/42/256e" }, { "text": "42 U.S.C. 256e(g)", "legal-doc": "usc", "parsable-cite": "usc/42/256e" } ] } ]

[ "Energy and Commerce Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Higher Education Science and Technology Competitiveness Act.", "id": "H36E158CD6FD9471C877D4290A5AF6F33", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nThe Congress finds the following: (1) The United States is losing its dominance in the sciences and technology, and faces serious challenges from highly educated foreign competitors. (2) The workforce of the United States must be better prepared for the scientifically and technologically advanced competition of the global economy. (3) New scientific knowledge is the engine of American technological innovation, national security, economic growth, and prosperity. (4) The competitiveness of the United States depends on strengthening and expanding postsecondary educational efforts in science, math, engineering, and technology. (5) Shortages of scientifically and technologically educated workers will be best addressed through partnerships between the Nation's associate degree-granting colleges and public four-year colleges and universities. (6) Enlarging the traditional role of community colleges in workforce training by developing seamless transitions from occupational competency or certificate programs to associate degree programs in math, science, engineering, and technology.", "id": "H8FD620581DCF44C2A9155F48BFE000A7", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Articulation agreement program \nPart G of title IV of the Higher Education Act of 1965 is amended by inserting after section 486 ( 20 U.S.C. 1093 ) the following new section: 486A. Articulation agreement program \n(a) Purpose; definition \n(1) Purpose \nThe purpose of this section is to strengthen and expand scientific and technological education capabilities of associate-degree-granting public institutions of higher education through the establishment of partnership arrangements with bachelor-degree-granting public institutions of higher education. (2) Definition \nFor the purposes of this section, the term articulation agreement means an agreement between institutions of higher education that specifies the acceptability of courses in transfer toward meeting specific degree requirements. (b) Program authorized \n(1) Grants to public institutions \nFrom the sums appropriated under subsection (g) , the Secretary shall award grants under this section to public institutions of higher education for the support of programs to establish and implement statewide articulation agreements in accordance with subsection (d). (2) Eligibility of private institutions to participate in agreements \nNothing in this section shall be construed to preclude a nonprofit or for-profit private institution of higher education from participating in the development and implementation of a statewide articulation agreement under subsection (d). (c) Applications \nEach institution, system, or consortium of institutions desiring to participate in a demonstration program under this section shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require. (d) Use of funds \nFunds provided by grant under this section may be used— (1) to establish statewide articulation agreements in math, science, engineering, and technology among public 2-year institutions and public 4-year institutions to provide a seamless transition for the transfer of students from the public 2-year institutions to the public 4-year institutions by having both such types of institutions provide and use a common core curricula that reflects the workforce needs of private industry; (2) to establish articulation agreements within community colleges between occupational competency or certification programs and associate degree programs in math, science, engineering, and technology to increase the proportion of students who enroll to complete their associates degree; (3) to collect data on transfers from 2-year institutions to 4-year institutions on a regular basis and to submit such data to commissioners or departments of higher education, for transmission by such commissioners and departments to the Secretary, in order to monitor program progress and success; (4) to develop a statewide articulation guide in consultation with public colleges and universities to provide students with descriptions of articulation requirements; and (5) to develop a plan for professional development of 2-year college faculty, including inter-institutional workshops, consultations, and professional meetings. (e) Evaluations and reports \nThe Secretary shall collect from State commissioners and departments the data provided by grant recipients under subsection (d)(3) for the purposes of evaluating the success of the program authorized by this section. The Secretary shall submit a report on the results of such evaluation to the Congress not later than 2 years after the end of the first fiscal year for which funds are made available for grants under this section. (f) Additional definition \nThe Secretary shall by regulation define the term degree programs in math, science, engineering, and technology. (g) Authorization of appropriations \nThere are authorized to be appropriated to make grants under this section $10,000,000 for fiscal year 2005 and such sums as may be necessary for each of the 4 succeeding fiscal years..", "id": "H67A60A9EE1674578B8F58460381CAA49", "header": "Articulation agreement program", "nested": [], "links": [ { "text": "20 U.S.C. 1093", "legal-doc": "usc", "parsable-cite": "usc/20/1093" } ] }, { "text": "486A. Articulation agreement program \n(a) Purpose; definition \n(1) Purpose \nThe purpose of this section is to strengthen and expand scientific and technological education capabilities of associate-degree-granting public institutions of higher education through the establishment of partnership arrangements with bachelor-degree-granting public institutions of higher education. (2) Definition \nFor the purposes of this section, the term articulation agreement means an agreement between institutions of higher education that specifies the acceptability of courses in transfer toward meeting specific degree requirements. (b) Program authorized \n(1) Grants to public institutions \nFrom the sums appropriated under subsection (g) , the Secretary shall award grants under this section to public institutions of higher education for the support of programs to establish and implement statewide articulation agreements in accordance with subsection (d). (2) Eligibility of private institutions to participate in agreements \nNothing in this section shall be construed to preclude a nonprofit or for-profit private institution of higher education from participating in the development and implementation of a statewide articulation agreement under subsection (d). (c) Applications \nEach institution, system, or consortium of institutions desiring to participate in a demonstration program under this section shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require. (d) Use of funds \nFunds provided by grant under this section may be used— (1) to establish statewide articulation agreements in math, science, engineering, and technology among public 2-year institutions and public 4-year institutions to provide a seamless transition for the transfer of students from the public 2-year institutions to the public 4-year institutions by having both such types of institutions provide and use a common core curricula that reflects the workforce needs of private industry; (2) to establish articulation agreements within community colleges between occupational competency or certification programs and associate degree programs in math, science, engineering, and technology to increase the proportion of students who enroll to complete their associates degree; (3) to collect data on transfers from 2-year institutions to 4-year institutions on a regular basis and to submit such data to commissioners or departments of higher education, for transmission by such commissioners and departments to the Secretary, in order to monitor program progress and success; (4) to develop a statewide articulation guide in consultation with public colleges and universities to provide students with descriptions of articulation requirements; and (5) to develop a plan for professional development of 2-year college faculty, including inter-institutional workshops, consultations, and professional meetings. (e) Evaluations and reports \nThe Secretary shall collect from State commissioners and departments the data provided by grant recipients under subsection (d)(3) for the purposes of evaluating the success of the program authorized by this section. The Secretary shall submit a report on the results of such evaluation to the Congress not later than 2 years after the end of the first fiscal year for which funds are made available for grants under this section. (f) Additional definition \nThe Secretary shall by regulation define the term degree programs in math, science, engineering, and technology. (g) Authorization of appropriations \nThere are authorized to be appropriated to make grants under this section $10,000,000 for fiscal year 2005 and such sums as may be necessary for each of the 4 succeeding fiscal years.", "id": "HD57FAFC2A7A7484188245263DC327EE5", "header": "Articulation agreement program", "nested": [ { "text": "(a) Purpose; definition \n(1) Purpose \nThe purpose of this section is to strengthen and expand scientific and technological education capabilities of associate-degree-granting public institutions of higher education through the establishment of partnership arrangements with bachelor-degree-granting public institutions of higher education. (2) Definition \nFor the purposes of this section, the term articulation agreement means an agreement between institutions of higher education that specifies the acceptability of courses in transfer toward meeting specific degree requirements.", "id": "H873E723EEAE74CCD9011953380C50079", "header": "Purpose; definition", "nested": [], "links": [] }, { "text": "(b) Program authorized \n(1) Grants to public institutions \nFrom the sums appropriated under subsection (g) , the Secretary shall award grants under this section to public institutions of higher education for the support of programs to establish and implement statewide articulation agreements in accordance with subsection (d). (2) Eligibility of private institutions to participate in agreements \nNothing in this section shall be construed to preclude a nonprofit or for-profit private institution of higher education from participating in the development and implementation of a statewide articulation agreement under subsection (d).", "id": "H504CB32F92014C458D87E07DE83F05A0", "header": "Program authorized", "nested": [], "links": [] }, { "text": "(c) Applications \nEach institution, system, or consortium of institutions desiring to participate in a demonstration program under this section shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require.", "id": "H3F7412DE9B814C84B6B932B7F356A49E", "header": "Applications", "nested": [], "links": [] }, { "text": "(d) Use of funds \nFunds provided by grant under this section may be used— (1) to establish statewide articulation agreements in math, science, engineering, and technology among public 2-year institutions and public 4-year institutions to provide a seamless transition for the transfer of students from the public 2-year institutions to the public 4-year institutions by having both such types of institutions provide and use a common core curricula that reflects the workforce needs of private industry; (2) to establish articulation agreements within community colleges between occupational competency or certification programs and associate degree programs in math, science, engineering, and technology to increase the proportion of students who enroll to complete their associates degree; (3) to collect data on transfers from 2-year institutions to 4-year institutions on a regular basis and to submit such data to commissioners or departments of higher education, for transmission by such commissioners and departments to the Secretary, in order to monitor program progress and success; (4) to develop a statewide articulation guide in consultation with public colleges and universities to provide students with descriptions of articulation requirements; and (5) to develop a plan for professional development of 2-year college faculty, including inter-institutional workshops, consultations, and professional meetings.", "id": "H8A176A8FC97E4686A08860D9C8CAC9E2", "header": "Use of funds", "nested": [], "links": [] }, { "text": "(e) Evaluations and reports \nThe Secretary shall collect from State commissioners and departments the data provided by grant recipients under subsection (d)(3) for the purposes of evaluating the success of the program authorized by this section. The Secretary shall submit a report on the results of such evaluation to the Congress not later than 2 years after the end of the first fiscal year for which funds are made available for grants under this section.", "id": "H8963E999C49B4ECA94E95E00CA8E46FD", "header": "Evaluations and reports", "nested": [], "links": [] }, { "text": "(f) Additional definition \nThe Secretary shall by regulation define the term degree programs in math, science, engineering, and technology.", "id": "H80A529284627493FA3B52105A2C1E907", "header": "Additional definition", "nested": [], "links": [] }, { "text": "(g) Authorization of appropriations \nThere are authorized to be appropriated to make grants under this section $10,000,000 for fiscal year 2005 and such sums as may be necessary for each of the 4 succeeding fiscal years.", "id": "HE09BBAC963AE4E809261EAEE00E11FB2", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] } ]

[ "Education and the Workforce Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Renewable Energy Security Act of 2004.", "id": "H5B057B39510E45A892E888D8B1A57C3", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Weatherization Assistance \nSection 415(c) of the Energy Conservation and Production Act ( 42 U.S.C. 6865(c) ) is amended— (1) in paragraph (1), by striking in paragraph (3) and inserting in paragraphs (3) and (4) ; (2) in paragraph (3), by striking $2,500 per dwelling unit average provided in paragraph (1) and inserting dwelling unit averages provided in paragraphs (1) and (4) ; and (3) by adding at the end the following new paragraphs: (4) The expenditure of financial assistance provided under this part for labor, weatherization materials, and related matters for a renewable energy system shall not exceed an average of $3,000 per dwelling unit. (5) (A) The Secretary, in consultation with the Secretary of Housing and Urban Development and other appropriate Federal officers, shall by regulations— (i) establish the criteria which are to be used in prescribing performance and quality standards under paragraph (6)(A)(ii) or in specifying any form of renewable energy under paragraph (6)(A)(i)(I); and (ii) establish a procedure under which a manufacturer of an item may request the Secretary to certify that the item will be treated, for purposes of this paragraph, as a renewable energy system. (B) The Secretary shall make a final determination with respect to any request filed under subparagraph (A)(ii) within 1 year after the filing of the request, together with any information required to be filed with such request under subparagraph (A)(ii). (C) Each month the Secretary shall publish a report of any request under subparagraph (A)(ii) which has been denied during the preceding month and the reasons for the denial. (D) The Secretary shall not specify any form of renewable energy under paragraph (6)(A)(i)(I) unless the Secretary determines that— (i) there will be a reduction in oil or natural gas consumption as a result of such specification; (ii) such specification will not result in an increased use of any item which is known to be, or reasonably suspected to be, environmentally hazardous or a threat to public health or safety; and (iii) available Federal subsidies do not make such specification unnecessary or inappropriate (in the light of the most advantageous allocation of economic resources). (6) In this subsection— (A) the term renewable energy system means a system which— (i) when installed in connection with a dwelling, transmits or uses— (I) solar energy, energy derived from the geothermal deposits, energy derived from biomass, or any other form of renewable energy which the Secretary specifies by regulations, for the purpose of heating or cooling such dwelling or providing hot water or electricity for use within such dwelling; or (II) wind energy for nonbusiness residential purposes; (ii) meets the performance and quality standards (if any) which have been prescribed by the Secretary by regulations; (iii) in the case of a combustion rated system, has a thermal efficiency rating of at least 75 percent; and (iv) in the case of a solar system, has a thermal efficiency rating of at least 15 percent; and (B) the term biomass means any organic matter that is available on a renewable or recurring basis, including agricultural crops and trees, wood and wood wastes and residues, plants (including aquatic plants), grasses, residues, fibers, and animal wastes, municipal wastes, and other waste materials..", "id": "HDBB847EC070E411DBA412FFF8B3FBD36", "header": "Weatherization Assistance", "nested": [], "links": [ { "text": "42 U.S.C. 6865(c)", "legal-doc": "usc", "parsable-cite": "usc/42/6865" } ] }, { "text": "3. District heating and cooling programs \nSection 172 of the Energy Policy Act of 1992 ( 42 U.S.C. 13451 note) is amended— (1) in subsection (a)— (A) by striking and at the end of paragraph (3); (B) by striking the period at the end of paragraph (4) and inserting ; and ; and (C) by adding at the end the following new paragraph: (5) evaluate the use of renewable energy systems (as such term is defined in section 415(c) of the Energy Conservation and Production Act ( 42 U.S.C. 6865(c) )) in residential buildings. ; and (2) in subsection (b), by striking this Act and inserting the Renewable Energy Security Act of 2004.", "id": "H61D9FC52B5CF4499B7C830CFB4D1960", "header": "District heating and cooling programs", "nested": [], "links": [ { "text": "42 U.S.C. 13451", "legal-doc": "usc", "parsable-cite": "usc/42/13451" }, { "text": "42 U.S.C. 6865(c)", "legal-doc": "usc", "parsable-cite": "usc/42/6865" } ] }, { "text": "4. Definition of biomass \nSection 203(2) of the Biomass Energy and Alcohol Fuels Act of 1980 ( 42 U.S.C. 8802(2) ) is amended to read as follows: (2) The term biomass means any organic matter that is available on a renewable or recurring basis, including agricultural crops and trees, wood and wood wastes and residues, plants (including aquatic plants), grasses, residues, fibers, and animal wastes, municipal wastes, and other waste materials..", "id": "H741C4185418646279028EB60A5BA6E4F", "header": "Definition of biomass", "nested": [], "links": [ { "text": "42 U.S.C. 8802(2)", "legal-doc": "usc", "parsable-cite": "usc/42/8802" } ] }, { "text": "5. Credit for residential renewable energy systems \n(a) In general \nSubpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after the item relating to section 25B the following new section: 25C. Residential renewable energy system \n(a) General rule \nIn the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to 20 percent of the qualified renewable energy system expenditures made by the taxpayer during the taxable year. (b) Limitations \nFor purposes of subsection (a)— (1) Maximum credit \nThe amount of the credit allowed under subsection (a) for a taxable year shall not exceed $3,000. (2) Prior expenditures by taxpayer on same residence taken into account \nIf for any prior year a credit was allowed to the taxpayer under this section with respect to any dwelling unit by reason of qualified renewable energy system expenditures, paragraph (1) shall be applied for the taxable year with respect to such dwelling unit by reducing the dollar amount contained therein by the prior year expenditures taken into account under such paragraph. (3) Minimum dollar amount \nNo credit shall be allowed under this section with respect to any return for any taxable year if the amount which would (but for this paragraph) be allowed with respect to such return is less than $10. (4) Limitation based on amount of tax \nThe credit allowed under subsection (a) for any taxable year shall not exceed the excess of— (A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over (B) the sum of the credits allowable under this subpart (other than this section and section 23) and section 27 for the taxable year. (5) Carryover of unused credit \nIf the credit allowable under subsection (a) for any taxable year exceeds the limitation imposed by paragraph (4) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. No credit may be carried forward under this subsection to any taxable year following the fifth taxable year after the taxable year in which the credit arose. For purposes of the preceding sentence, credits shall be treated as used on a first-in first-out basis. (c) Definitions and special rules \nFor purposes of this section— (1) Qualified renewable energy system expenditure \n(A) In general \nThe term qualified renewable energy system expenditure means an expenditure made by the taxpayer for renewable energy system property installed in connection with a dwelling unit— (i) which is located in the United States, and (ii) which is used by the taxpayer as his principal residence. (B) Certain labor and other costs included \nThe term qualified renewable energy system expenditure includes— (i) expenditures for labor costs properly allocable to the onsite preparation, assembly, or original installation of renewable energy system property, and (ii) expenditures for an onsite well drilled for any geothermal deposit (as defined in section 613(e)(3)), but only if the taxpayer has not elected under section 263(c) to deduct any portion of such expenditures. (C) Swimming pool, etc., used as storage medium \nThe term qualified renewable energy system expenditure does not include any expenditure properly allocable to a swimming pool used as an energy storage medium or to any other energy storage medium which has a primary function other than the function of such storage. (D) Certain solar panels \nNo solar panel installed as a roof (or portion thereof) shall fail to be treated as renewable energy system property solely because it constitutes a structural component of the dwelling on which it is installed. (2) Renewable energy system property \nThe term renewable energy system property means property— (A) which constitutes a renewable energy system, as defined by section 415(c)(6) of the Energy Conservation and Production Act ( 42 U.S.C. 6865(c)(6) ), (B) the original use of which begins with the taxpayer, and (C) which can reasonably be expected to remain in operation for at least 5 years. (3) Effective date \n(A) In general \nIn the case of any energy system specified under paragraph (2)(A), the credit allowed by subsection (a) shall apply with respect to expenditures which are made on or after the date on which final notice of such specification is published in the Federal Register. (B) Expenditures taken into account in following taxable years \nThe Secretary may prescribe by regulations that expenditures made on or after the date referred to in clause (i) and before the close of the taxable year in which such date occurs shall be taken into account in the following taxable year. (4) When expenditures made; amount of expenditures \n(A) In general \nExcept as provided in subparagraph (B), an expenditure with respect to an item shall be treated as made when original installation of the item is completed. (B) Construction or reconstruction of dwelling \nIn the case of qualified renewable energy system expenditures in connection with the construction or reconstruction of a dwelling, such expenditures shall be treated as made when the original use of the constructed or reconstructed dwelling by the taxpayer begins. (C) Amount \nThe amount of any expenditure shall be the cost thereof. (D) Allocation in certain cases \nIf less than 80 percent of the use of an item is for nonbusiness residential purposes, only that portion of the expenditures for such item which is properly allocable to use for nonbusiness residential purposes shall be taken into account. For purposes of this subparagraph, use for a swimming pool shall be treated as use which is not for residential purposes. (5) Principal residence \nThe determination of whether or not a dwelling unit is a taxpayer’s principal residence shall be made under principles similar to those applicable to section 121, except that— (A) no ownership requirement shall be imposed, and (B) the period for which a dwelling is treated as the principal residence of the taxpayer shall include the 30-day period ending on the first day on which it would (but for this subparagraph) be treated as his principal residence. (6) Property financed by subsidized energy financing \n(A) Reduction of qualified expenditures \nFor purposes of determining the amount of qualified renewable energy system 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. (B) Dollar limits reduced \nParagraph (1) of subsection (b) shall be applied with respect to such dwelling unit for any taxable year of such taxpayer by reducing each dollar amount contained in such paragraph (reduced as provided in subsection (b)(3)) by an amount equal to the sum of— (i) the amount of the expenditures which were made by the taxpayer during such taxable year or any prior taxable year with respect to such dwelling unit and which were not taken into account by reason of subparagraph (A), and (ii) the amount of any Federal, State, or local grant received by the taxpayer during such taxable year or any prior taxable year which was used to make qualified renewable energy system expenditures with respect to the dwelling unit and which was not included in the gross income of such taxpayer. (C) Subsidized energy financing \nFor purposes of subparagraph (A), the term subsidized energy financing means financing provided under a Federal, State, or local program a principal purpose of which is to provide subsidized financing for projects designed to conserve or produce energy. (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 principal residence by 2 or more individuals— (A) the amount of the credit allowable under subsection (a) by reason of qualified renewable energy system expenditures (as the case may be) 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 one taxpayer whose taxable year is such calendar year, and (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 his 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 he owns, such individual shall be treated as having made his 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) Joint ownership of energy items \n(A) In general \nAny expenditure otherwise qualifying as a qualified renewable energy system expenditure shall not be treated as failing to so qualify merely because such expenditure was made with respect to 2 or more dwelling units. (B) Limits applied separately \nIn the case of any expenditure described in subparagraph (A), the amount of the credit allowable under subsection (a) shall (subject to paragraph (1)) be computed separately with respect to the amount of the expenditure made by each individual. (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. (f) Termination \nThis section shall not apply to expenditures made after December 31, 2009.. (b) Clerical amendment \nThe table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25B the following new item: Sec. 25C. Residential renewable energy system. (c) Basis adjustment \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) to the extent provided in section 25C(e).. (d) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2004.", "id": "H28B0665773574F13B5CA9B737E43E908", "header": "Credit for residential renewable energy systems", "nested": [ { "text": "(a) In general \nSubpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after the item relating to section 25B the following new section: 25C. Residential renewable energy system \n(a) General rule \nIn the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to 20 percent of the qualified renewable energy system expenditures made by the taxpayer during the taxable year. (b) Limitations \nFor purposes of subsection (a)— (1) Maximum credit \nThe amount of the credit allowed under subsection (a) for a taxable year shall not exceed $3,000. (2) Prior expenditures by taxpayer on same residence taken into account \nIf for any prior year a credit was allowed to the taxpayer under this section with respect to any dwelling unit by reason of qualified renewable energy system expenditures, paragraph (1) shall be applied for the taxable year with respect to such dwelling unit by reducing the dollar amount contained therein by the prior year expenditures taken into account under such paragraph. (3) Minimum dollar amount \nNo credit shall be allowed under this section with respect to any return for any taxable year if the amount which would (but for this paragraph) be allowed with respect to such return is less than $10. (4) Limitation based on amount of tax \nThe credit allowed under subsection (a) for any taxable year shall not exceed the excess of— (A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over (B) the sum of the credits allowable under this subpart (other than this section and section 23) and section 27 for the taxable year. (5) Carryover of unused credit \nIf the credit allowable under subsection (a) for any taxable year exceeds the limitation imposed by paragraph (4) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. No credit may be carried forward under this subsection to any taxable year following the fifth taxable year after the taxable year in which the credit arose. For purposes of the preceding sentence, credits shall be treated as used on a first-in first-out basis. (c) Definitions and special rules \nFor purposes of this section— (1) Qualified renewable energy system expenditure \n(A) In general \nThe term qualified renewable energy system expenditure means an expenditure made by the taxpayer for renewable energy system property installed in connection with a dwelling unit— (i) which is located in the United States, and (ii) which is used by the taxpayer as his principal residence. (B) Certain labor and other costs included \nThe term qualified renewable energy system expenditure includes— (i) expenditures for labor costs properly allocable to the onsite preparation, assembly, or original installation of renewable energy system property, and (ii) expenditures for an onsite well drilled for any geothermal deposit (as defined in section 613(e)(3)), but only if the taxpayer has not elected under section 263(c) to deduct any portion of such expenditures. (C) Swimming pool, etc., used as storage medium \nThe term qualified renewable energy system expenditure does not include any expenditure properly allocable to a swimming pool used as an energy storage medium or to any other energy storage medium which has a primary function other than the function of such storage. (D) Certain solar panels \nNo solar panel installed as a roof (or portion thereof) shall fail to be treated as renewable energy system property solely because it constitutes a structural component of the dwelling on which it is installed. (2) Renewable energy system property \nThe term renewable energy system property means property— (A) which constitutes a renewable energy system, as defined by section 415(c)(6) of the Energy Conservation and Production Act ( 42 U.S.C. 6865(c)(6) ), (B) the original use of which begins with the taxpayer, and (C) which can reasonably be expected to remain in operation for at least 5 years. (3) Effective date \n(A) In general \nIn the case of any energy system specified under paragraph (2)(A), the credit allowed by subsection (a) shall apply with respect to expenditures which are made on or after the date on which final notice of such specification is published in the Federal Register. (B) Expenditures taken into account in following taxable years \nThe Secretary may prescribe by regulations that expenditures made on or after the date referred to in clause (i) and before the close of the taxable year in which such date occurs shall be taken into account in the following taxable year. (4) When expenditures made; amount of expenditures \n(A) In general \nExcept as provided in subparagraph (B), an expenditure with respect to an item shall be treated as made when original installation of the item is completed. (B) Construction or reconstruction of dwelling \nIn the case of qualified renewable energy system expenditures in connection with the construction or reconstruction of a dwelling, such expenditures shall be treated as made when the original use of the constructed or reconstructed dwelling by the taxpayer begins. (C) Amount \nThe amount of any expenditure shall be the cost thereof. (D) Allocation in certain cases \nIf less than 80 percent of the use of an item is for nonbusiness residential purposes, only that portion of the expenditures for such item which is properly allocable to use for nonbusiness residential purposes shall be taken into account. For purposes of this subparagraph, use for a swimming pool shall be treated as use which is not for residential purposes. (5) Principal residence \nThe determination of whether or not a dwelling unit is a taxpayer’s principal residence shall be made under principles similar to those applicable to section 121, except that— (A) no ownership requirement shall be imposed, and (B) the period for which a dwelling is treated as the principal residence of the taxpayer shall include the 30-day period ending on the first day on which it would (but for this subparagraph) be treated as his principal residence. (6) Property financed by subsidized energy financing \n(A) Reduction of qualified expenditures \nFor purposes of determining the amount of qualified renewable energy system 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. (B) Dollar limits reduced \nParagraph (1) of subsection (b) shall be applied with respect to such dwelling unit for any taxable year of such taxpayer by reducing each dollar amount contained in such paragraph (reduced as provided in subsection (b)(3)) by an amount equal to the sum of— (i) the amount of the expenditures which were made by the taxpayer during such taxable year or any prior taxable year with respect to such dwelling unit and which were not taken into account by reason of subparagraph (A), and (ii) the amount of any Federal, State, or local grant received by the taxpayer during such taxable year or any prior taxable year which was used to make qualified renewable energy system expenditures with respect to the dwelling unit and which was not included in the gross income of such taxpayer. (C) Subsidized energy financing \nFor purposes of subparagraph (A), the term subsidized energy financing means financing provided under a Federal, State, or local program a principal purpose of which is to provide subsidized financing for projects designed to conserve or produce energy. (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 principal residence by 2 or more individuals— (A) the amount of the credit allowable under subsection (a) by reason of qualified renewable energy system expenditures (as the case may be) 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 one taxpayer whose taxable year is such calendar year, and (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 his 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 he owns, such individual shall be treated as having made his 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) Joint ownership of energy items \n(A) In general \nAny expenditure otherwise qualifying as a qualified renewable energy system expenditure shall not be treated as failing to so qualify merely because such expenditure was made with respect to 2 or more dwelling units. (B) Limits applied separately \nIn the case of any expenditure described in subparagraph (A), the amount of the credit allowable under subsection (a) shall (subject to paragraph (1)) be computed separately with respect to the amount of the expenditure made by each individual. (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. (f) Termination \nThis section shall not apply to expenditures made after December 31, 2009..", "id": "H636B76F198444164805CDC9465148CD0", "header": "In general", "nested": [], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" }, { "text": "42 U.S.C. 6865(c)(6)", "legal-doc": "usc", "parsable-cite": "usc/42/6865" } ] }, { "text": "(b) Clerical amendment \nThe table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25B the following new item: Sec. 25C. Residential renewable energy system.", "id": "HCAAF2FA6EAF74945B581007F8627A8E1", "header": "Clerical amendment", "nested": [], "links": [] }, { "text": "(c) Basis adjustment \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) to the extent provided in section 25C(e)..", "id": "H7BFEA71FFB24400197487F38BEFA038C", "header": "Basis adjustment", "nested": [], "links": [] }, { "text": "(d) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2004.", "id": "H9F4831320992424BB3626CCB5EA20577", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" }, { "text": "42 U.S.C. 6865(c)(6)", "legal-doc": "usc", "parsable-cite": "usc/42/6865" } ] }, { "text": "25C. Residential renewable energy system \n(a) General rule \nIn the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to 20 percent of the qualified renewable energy system expenditures made by the taxpayer during the taxable year. (b) Limitations \nFor purposes of subsection (a)— (1) Maximum credit \nThe amount of the credit allowed under subsection (a) for a taxable year shall not exceed $3,000. (2) Prior expenditures by taxpayer on same residence taken into account \nIf for any prior year a credit was allowed to the taxpayer under this section with respect to any dwelling unit by reason of qualified renewable energy system expenditures, paragraph (1) shall be applied for the taxable year with respect to such dwelling unit by reducing the dollar amount contained therein by the prior year expenditures taken into account under such paragraph. (3) Minimum dollar amount \nNo credit shall be allowed under this section with respect to any return for any taxable year if the amount which would (but for this paragraph) be allowed with respect to such return is less than $10. (4) Limitation based on amount of tax \nThe credit allowed under subsection (a) for any taxable year shall not exceed the excess of— (A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over (B) the sum of the credits allowable under this subpart (other than this section and section 23) and section 27 for the taxable year. (5) Carryover of unused credit \nIf the credit allowable under subsection (a) for any taxable year exceeds the limitation imposed by paragraph (4) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. No credit may be carried forward under this subsection to any taxable year following the fifth taxable year after the taxable year in which the credit arose. For purposes of the preceding sentence, credits shall be treated as used on a first-in first-out basis. (c) Definitions and special rules \nFor purposes of this section— (1) Qualified renewable energy system expenditure \n(A) In general \nThe term qualified renewable energy system expenditure means an expenditure made by the taxpayer for renewable energy system property installed in connection with a dwelling unit— (i) which is located in the United States, and (ii) which is used by the taxpayer as his principal residence. (B) Certain labor and other costs included \nThe term qualified renewable energy system expenditure includes— (i) expenditures for labor costs properly allocable to the onsite preparation, assembly, or original installation of renewable energy system property, and (ii) expenditures for an onsite well drilled for any geothermal deposit (as defined in section 613(e)(3)), but only if the taxpayer has not elected under section 263(c) to deduct any portion of such expenditures. (C) Swimming pool, etc., used as storage medium \nThe term qualified renewable energy system expenditure does not include any expenditure properly allocable to a swimming pool used as an energy storage medium or to any other energy storage medium which has a primary function other than the function of such storage. (D) Certain solar panels \nNo solar panel installed as a roof (or portion thereof) shall fail to be treated as renewable energy system property solely because it constitutes a structural component of the dwelling on which it is installed. (2) Renewable energy system property \nThe term renewable energy system property means property— (A) which constitutes a renewable energy system, as defined by section 415(c)(6) of the Energy Conservation and Production Act ( 42 U.S.C. 6865(c)(6) ), (B) the original use of which begins with the taxpayer, and (C) which can reasonably be expected to remain in operation for at least 5 years. (3) Effective date \n(A) In general \nIn the case of any energy system specified under paragraph (2)(A), the credit allowed by subsection (a) shall apply with respect to expenditures which are made on or after the date on which final notice of such specification is published in the Federal Register. (B) Expenditures taken into account in following taxable years \nThe Secretary may prescribe by regulations that expenditures made on or after the date referred to in clause (i) and before the close of the taxable year in which such date occurs shall be taken into account in the following taxable year. (4) When expenditures made; amount of expenditures \n(A) In general \nExcept as provided in subparagraph (B), an expenditure with respect to an item shall be treated as made when original installation of the item is completed. (B) Construction or reconstruction of dwelling \nIn the case of qualified renewable energy system expenditures in connection with the construction or reconstruction of a dwelling, such expenditures shall be treated as made when the original use of the constructed or reconstructed dwelling by the taxpayer begins. (C) Amount \nThe amount of any expenditure shall be the cost thereof. (D) Allocation in certain cases \nIf less than 80 percent of the use of an item is for nonbusiness residential purposes, only that portion of the expenditures for such item which is properly allocable to use for nonbusiness residential purposes shall be taken into account. For purposes of this subparagraph, use for a swimming pool shall be treated as use which is not for residential purposes. (5) Principal residence \nThe determination of whether or not a dwelling unit is a taxpayer’s principal residence shall be made under principles similar to those applicable to section 121, except that— (A) no ownership requirement shall be imposed, and (B) the period for which a dwelling is treated as the principal residence of the taxpayer shall include the 30-day period ending on the first day on which it would (but for this subparagraph) be treated as his principal residence. (6) Property financed by subsidized energy financing \n(A) Reduction of qualified expenditures \nFor purposes of determining the amount of qualified renewable energy system 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. (B) Dollar limits reduced \nParagraph (1) of subsection (b) shall be applied with respect to such dwelling unit for any taxable year of such taxpayer by reducing each dollar amount contained in such paragraph (reduced as provided in subsection (b)(3)) by an amount equal to the sum of— (i) the amount of the expenditures which were made by the taxpayer during such taxable year or any prior taxable year with respect to such dwelling unit and which were not taken into account by reason of subparagraph (A), and (ii) the amount of any Federal, State, or local grant received by the taxpayer during such taxable year or any prior taxable year which was used to make qualified renewable energy system expenditures with respect to the dwelling unit and which was not included in the gross income of such taxpayer. (C) Subsidized energy financing \nFor purposes of subparagraph (A), the term subsidized energy financing means financing provided under a Federal, State, or local program a principal purpose of which is to provide subsidized financing for projects designed to conserve or produce energy. (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 principal residence by 2 or more individuals— (A) the amount of the credit allowable under subsection (a) by reason of qualified renewable energy system expenditures (as the case may be) 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 one taxpayer whose taxable year is such calendar year, and (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 his 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 he owns, such individual shall be treated as having made his 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) Joint ownership of energy items \n(A) In general \nAny expenditure otherwise qualifying as a qualified renewable energy system expenditure shall not be treated as failing to so qualify merely because such expenditure was made with respect to 2 or more dwelling units. (B) Limits applied separately \nIn the case of any expenditure described in subparagraph (A), the amount of the credit allowable under subsection (a) shall (subject to paragraph (1)) be computed separately with respect to the amount of the expenditure made by each individual. (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. (f) Termination \nThis section shall not apply to expenditures made after December 31, 2009.", "id": "H7BF17BD58F784C9A81F54D06CD3F00D", "header": "Residential renewable energy system", "nested": [ { "text": "(a) General rule \nIn the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to 20 percent of the qualified renewable energy system expenditures made by the taxpayer during the taxable year.", "id": "HDAFEE8715A314AFDA94FC5381984A87", "header": "General rule", "nested": [], "links": [] }, { "text": "(b) Limitations \nFor purposes of subsection (a)— (1) Maximum credit \nThe amount of the credit allowed under subsection (a) for a taxable year shall not exceed $3,000. (2) Prior expenditures by taxpayer on same residence taken into account \nIf for any prior year a credit was allowed to the taxpayer under this section with respect to any dwelling unit by reason of qualified renewable energy system expenditures, paragraph (1) shall be applied for the taxable year with respect to such dwelling unit by reducing the dollar amount contained therein by the prior year expenditures taken into account under such paragraph. (3) Minimum dollar amount \nNo credit shall be allowed under this section with respect to any return for any taxable year if the amount which would (but for this paragraph) be allowed with respect to such return is less than $10. (4) Limitation based on amount of tax \nThe credit allowed under subsection (a) for any taxable year shall not exceed the excess of— (A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over (B) the sum of the credits allowable under this subpart (other than this section and section 23) and section 27 for the taxable year. (5) Carryover of unused credit \nIf the credit allowable under subsection (a) for any taxable year exceeds the limitation imposed by paragraph (4) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. No credit may be carried forward under this subsection to any taxable year following the fifth taxable year after the taxable year in which the credit arose. For purposes of the preceding sentence, credits shall be treated as used on a first-in first-out basis.", "id": "H9912F140919B4D36A13741C72D5F0050", "header": "Limitations", "nested": [], "links": [] }, { "text": "(c) Definitions and special rules \nFor purposes of this section— (1) Qualified renewable energy system expenditure \n(A) In general \nThe term qualified renewable energy system expenditure means an expenditure made by the taxpayer for renewable energy system property installed in connection with a dwelling unit— (i) which is located in the United States, and (ii) which is used by the taxpayer as his principal residence. (B) Certain labor and other costs included \nThe term qualified renewable energy system expenditure includes— (i) expenditures for labor costs properly allocable to the onsite preparation, assembly, or original installation of renewable energy system property, and (ii) expenditures for an onsite well drilled for any geothermal deposit (as defined in section 613(e)(3)), but only if the taxpayer has not elected under section 263(c) to deduct any portion of such expenditures. (C) Swimming pool, etc., used as storage medium \nThe term qualified renewable energy system expenditure does not include any expenditure properly allocable to a swimming pool used as an energy storage medium or to any other energy storage medium which has a primary function other than the function of such storage. (D) Certain solar panels \nNo solar panel installed as a roof (or portion thereof) shall fail to be treated as renewable energy system property solely because it constitutes a structural component of the dwelling on which it is installed. (2) Renewable energy system property \nThe term renewable energy system property means property— (A) which constitutes a renewable energy system, as defined by section 415(c)(6) of the Energy Conservation and Production Act ( 42 U.S.C. 6865(c)(6) ), (B) the original use of which begins with the taxpayer, and (C) which can reasonably be expected to remain in operation for at least 5 years. (3) Effective date \n(A) In general \nIn the case of any energy system specified under paragraph (2)(A), the credit allowed by subsection (a) shall apply with respect to expenditures which are made on or after the date on which final notice of such specification is published in the Federal Register. (B) Expenditures taken into account in following taxable years \nThe Secretary may prescribe by regulations that expenditures made on or after the date referred to in clause (i) and before the close of the taxable year in which such date occurs shall be taken into account in the following taxable year. (4) When expenditures made; amount of expenditures \n(A) In general \nExcept as provided in subparagraph (B), an expenditure with respect to an item shall be treated as made when original installation of the item is completed. (B) Construction or reconstruction of dwelling \nIn the case of qualified renewable energy system expenditures in connection with the construction or reconstruction of a dwelling, such expenditures shall be treated as made when the original use of the constructed or reconstructed dwelling by the taxpayer begins. (C) Amount \nThe amount of any expenditure shall be the cost thereof. (D) Allocation in certain cases \nIf less than 80 percent of the use of an item is for nonbusiness residential purposes, only that portion of the expenditures for such item which is properly allocable to use for nonbusiness residential purposes shall be taken into account. For purposes of this subparagraph, use for a swimming pool shall be treated as use which is not for residential purposes. (5) Principal residence \nThe determination of whether or not a dwelling unit is a taxpayer’s principal residence shall be made under principles similar to those applicable to section 121, except that— (A) no ownership requirement shall be imposed, and (B) the period for which a dwelling is treated as the principal residence of the taxpayer shall include the 30-day period ending on the first day on which it would (but for this subparagraph) be treated as his principal residence. (6) Property financed by subsidized energy financing \n(A) Reduction of qualified expenditures \nFor purposes of determining the amount of qualified renewable energy system 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. (B) Dollar limits reduced \nParagraph (1) of subsection (b) shall be applied with respect to such dwelling unit for any taxable year of such taxpayer by reducing each dollar amount contained in such paragraph (reduced as provided in subsection (b)(3)) by an amount equal to the sum of— (i) the amount of the expenditures which were made by the taxpayer during such taxable year or any prior taxable year with respect to such dwelling unit and which were not taken into account by reason of subparagraph (A), and (ii) the amount of any Federal, State, or local grant received by the taxpayer during such taxable year or any prior taxable year which was used to make qualified renewable energy system expenditures with respect to the dwelling unit and which was not included in the gross income of such taxpayer. (C) Subsidized energy financing \nFor purposes of subparagraph (A), the term subsidized energy financing means financing provided under a Federal, State, or local program a principal purpose of which is to provide subsidized financing for projects designed to conserve or produce energy.", "id": "HDB4052D8A9F146F2A4F431455E94DFAB", "header": "Definitions and special rules", "nested": [], "links": [ { "text": "42 U.S.C. 6865(c)(6)", "legal-doc": "usc", "parsable-cite": "usc/42/6865" } ] }, { "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 principal residence by 2 or more individuals— (A) the amount of the credit allowable under subsection (a) by reason of qualified renewable energy system expenditures (as the case may be) 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 one taxpayer whose taxable year is such calendar year, and (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 his 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 he owns, such individual shall be treated as having made his 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) Joint ownership of energy items \n(A) In general \nAny expenditure otherwise qualifying as a qualified renewable energy system expenditure shall not be treated as failing to so qualify merely because such expenditure was made with respect to 2 or more dwelling units. (B) Limits applied separately \nIn the case of any expenditure described in subparagraph (A), the amount of the credit allowable under subsection (a) shall (subject to paragraph (1)) be computed separately with respect to the amount of the expenditure made by each individual.", "id": "HC25AE43E606E483D94A33E0021710040", "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": "H9C7ADB8FF3B14ADBA207F8C5F8D43B51", "header": "Basis adjustments", "nested": [], "links": [] }, { "text": "(f) Termination \nThis section shall not apply to expenditures made after December 31, 2009.", "id": "H82E7E1DFB11D43C69EF894D6422717A6", "header": "Termination", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 6865(c)(6)", "legal-doc": "usc", "parsable-cite": "usc/42/6865" } ] }, { "text": "6. Credit for renewable energy systems placed in service by small businesses \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. Renewable energy systems credit \n(a) In general \nFor purposes of section 38, in the case of an eligible small business, the amount of the renewable energy systems credit determined under this section for any taxable year shall be an amount equal to 20 percent of the qualified renewable energy system expenditures for the taxable year. (b) Limitation \nThe amount of the credit allowed under subsection (a) for a taxable year shall not exceed $10,000. (c) Eligible small business \nFor purposes of this section, the term eligible small business has the meaning given such term by section 44(b). (d) Qualified renewable energy system expenditures \nThe term qualified renewable energy system expenditures has the meaning given such term by section 25C(c)(1), except that commercial property shall be substituted for dwelling unit each place it appears and subparagraph (A)(ii) thereof shall not apply. (e) Applicable rules \nFor purposes of this section, rules similar to the rules of paragraphs (2), (6), and (7) of section 44(d) shall apply.. (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 renewable energy systems credit determined under section 45G(a).. (c) Limitation on carryback \nSection 39(d) of such Code (relating to transitional rules) is amended by adding at the end the following new paragraph: (11) No carryback of renewable energy systems credit before effective date \nNo portion of the unused business credit for any taxable year which is attributable to the credit determined under section 45G may be carried back to any taxable year ending on or before the date of the enactment of section 45G.. (d) 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. Renewable energy systems credit. (e) Effective date \nThe amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.", "id": "H13991A2A3C3C4FEBA1EF12CBB15BAC34", "header": "Credit for renewable energy systems placed in service by small businesses", "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. Renewable energy systems credit \n(a) In general \nFor purposes of section 38, in the case of an eligible small business, the amount of the renewable energy systems credit determined under this section for any taxable year shall be an amount equal to 20 percent of the qualified renewable energy system expenditures for the taxable year. (b) Limitation \nThe amount of the credit allowed under subsection (a) for a taxable year shall not exceed $10,000. (c) Eligible small business \nFor purposes of this section, the term eligible small business has the meaning given such term by section 44(b). (d) Qualified renewable energy system expenditures \nThe term qualified renewable energy system expenditures has the meaning given such term by section 25C(c)(1), except that commercial property shall be substituted for dwelling unit each place it appears and subparagraph (A)(ii) thereof shall not apply. (e) Applicable rules \nFor purposes of this section, rules similar to the rules of paragraphs (2), (6), and (7) of section 44(d) shall apply..", "id": "H077C0A1567424922BBBFEF76E737D659", "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 renewable energy systems credit determined under section 45G(a)..", "id": "H9EF40143650B4280B55811EB99D52C00", "header": "Credit made part of general business credit", "nested": [], "links": [] }, { "text": "(c) Limitation on carryback \nSection 39(d) of such Code (relating to transitional rules) is amended by adding at the end the following new paragraph: (11) No carryback of renewable energy systems credit before effective date \nNo portion of the unused business credit for any taxable year which is attributable to the credit determined under section 45G may be carried back to any taxable year ending on or before the date of the enactment of section 45G..", "id": "HD63F7C6D28C446D899C2238CE8F4C087", "header": "Limitation on carryback", "nested": [], "links": [] }, { "text": "(d) 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. Renewable energy systems credit.", "id": "HF39821AE7913401D844C5E8F9CEC44F8", "header": "Clerical amendment", "nested": [], "links": [] }, { "text": "(e) Effective date \nThe amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.", "id": "H6BFF2988A0B349DEAC87888821F9AD38", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" } ] }, { "text": "45G. Renewable energy systems credit \n(a) In general \nFor purposes of section 38, in the case of an eligible small business, the amount of the renewable energy systems credit determined under this section for any taxable year shall be an amount equal to 20 percent of the qualified renewable energy system expenditures for the taxable year. (b) Limitation \nThe amount of the credit allowed under subsection (a) for a taxable year shall not exceed $10,000. (c) Eligible small business \nFor purposes of this section, the term eligible small business has the meaning given such term by section 44(b). (d) Qualified renewable energy system expenditures \nThe term qualified renewable energy system expenditures has the meaning given such term by section 25C(c)(1), except that commercial property shall be substituted for dwelling unit each place it appears and subparagraph (A)(ii) thereof shall not apply. (e) Applicable rules \nFor purposes of this section, rules similar to the rules of paragraphs (2), (6), and (7) of section 44(d) shall apply.", "id": "H8D300EE0C8414FD5B0EA246CB67354C2", "header": "Renewable energy systems credit", "nested": [ { "text": "(a) In general \nFor purposes of section 38, in the case of an eligible small business, the amount of the renewable energy systems credit determined under this section for any taxable year shall be an amount equal to 20 percent of the qualified renewable energy system expenditures for the taxable year.", "id": "H14223A566F6E47ACBF7494604488A5FB", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Limitation \nThe amount of the credit allowed under subsection (a) for a taxable year shall not exceed $10,000.", "id": "HF739BE2409BA42DCAC6198AEBE4738A7", "header": "Limitation", "nested": [], "links": [] }, { "text": "(c) Eligible small business \nFor purposes of this section, the term eligible small business has the meaning given such term by section 44(b).", "id": "HCC762B9AC9B947308CE1E2DD71CA9FA7", "header": "Eligible small business", "nested": [], "links": [] }, { "text": "(d) Qualified renewable energy system expenditures \nThe term qualified renewable energy system expenditures has the meaning given such term by section 25C(c)(1), except that commercial property shall be substituted for dwelling unit each place it appears and subparagraph (A)(ii) thereof shall not apply.", "id": "HA2BA0D2035164BBD8C63AD32C7B38B9D", "header": "Qualified renewable energy system expenditures", "nested": [], "links": [] }, { "text": "(e) Applicable rules \nFor purposes of this section, rules similar to the rules of paragraphs (2), (6), and (7) of section 44(d) shall apply.", "id": "H7E458E095DFC488C90BBC23ED44D837E", "header": "Applicable rules", "nested": [], "links": [] } ], "links": [] } ]

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

[ { "text": "1. Short title \nThis Act may be cited as the Medicare Corporate Accountability Act of 2004.", "id": "H4B399F5C784F482D99C6AF7B604607", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Excise tax on termination of retiree prescription drug coverage \n(a) In general \nChapter 47 of the Internal Revenue Code of 1986 (relating to certain group health plans) is amended by adding at the end the following new section: 5000A. Termination of retiree prescription drug coverage \n(a) In general \nThere is hereby imposed on any employer or employee organization that contributes to a group health plan (as defined in section 5000(b)) a tax on the termination of the provision of prescription drug benefits to any qualified retiree under the plan. (b) Rate of tax \nThe rate of tax imposed under this section is— (1) $750 in the case of a qualified retiree with self-only prescription drug coverage under the plan (determined at the time of the termination of benefits), and (2) $1,500 in the case of any other qualified retiree. (c) Qualified retiree \nFor purposes of this section, the term qualified retiree means any former employee of the employer— (1) who attained age 65 before the termination of benefits referred to in subsection (a), and (2) whose employment with the employer terminated before the date of the enactment of this section. (d) Regulations \nThe Secretary may issue regulations to carry out the purposes of this section, including regulations with respect to the meaning of the terms termination and prescription drug benefits. (e) Transfers to Medicare Prescription Drug Account \nThe Secretary shall from time to time transfer from the the general fund of the Treasury to the Medicare Prescription Drug Account in the Federal Supplementary Medical Insurance Trust Fund amounts equal to the taxes imposed under this section.. (b) Clerical amendment \nThe table of sections for such chapter is amended by adding at the end the following new item: Sec. 5000A. Termination of retiree prescription drug coverage. (c) Effective date \nThe amendments made by this section shall apply to terminations of benefits which take effect on or after the date of the enactment of this Act.", "id": "HA5E644D9063341A9A081F053B8418838", "header": "Excise tax on termination of retiree prescription drug coverage", "nested": [ { "text": "(a) In general \nChapter 47 of the Internal Revenue Code of 1986 (relating to certain group health plans) is amended by adding at the end the following new section: 5000A. Termination of retiree prescription drug coverage \n(a) In general \nThere is hereby imposed on any employer or employee organization that contributes to a group health plan (as defined in section 5000(b)) a tax on the termination of the provision of prescription drug benefits to any qualified retiree under the plan. (b) Rate of tax \nThe rate of tax imposed under this section is— (1) $750 in the case of a qualified retiree with self-only prescription drug coverage under the plan (determined at the time of the termination of benefits), and (2) $1,500 in the case of any other qualified retiree. (c) Qualified retiree \nFor purposes of this section, the term qualified retiree means any former employee of the employer— (1) who attained age 65 before the termination of benefits referred to in subsection (a), and (2) whose employment with the employer terminated before the date of the enactment of this section. (d) Regulations \nThe Secretary may issue regulations to carry out the purposes of this section, including regulations with respect to the meaning of the terms termination and prescription drug benefits. (e) Transfers to Medicare Prescription Drug Account \nThe Secretary shall from time to time transfer from the the general fund of the Treasury to the Medicare Prescription Drug Account in the Federal Supplementary Medical Insurance Trust Fund amounts equal to the taxes imposed under this section..", "id": "H396F172CFD6E482782B034ED7CBBECA2", "header": "In general", "nested": [], "links": [ { "text": "Chapter 47", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/47" } ] }, { "text": "(b) Clerical amendment \nThe table of sections for such chapter is amended by adding at the end the following new item: Sec. 5000A. Termination of retiree prescription drug coverage.", "id": "HACE5F3BCA15F47A1BA6FC661DAC09646", "header": "Clerical amendment", "nested": [], "links": [] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply to terminations of benefits which take effect on or after the date of the enactment of this Act.", "id": "H41BCBE6ED8EC461B9DC944A2CA3F82C6", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Chapter 47", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/47" } ] }, { "text": "5000A. Termination of retiree prescription drug coverage \n(a) In general \nThere is hereby imposed on any employer or employee organization that contributes to a group health plan (as defined in section 5000(b)) a tax on the termination of the provision of prescription drug benefits to any qualified retiree under the plan. (b) Rate of tax \nThe rate of tax imposed under this section is— (1) $750 in the case of a qualified retiree with self-only prescription drug coverage under the plan (determined at the time of the termination of benefits), and (2) $1,500 in the case of any other qualified retiree. (c) Qualified retiree \nFor purposes of this section, the term qualified retiree means any former employee of the employer— (1) who attained age 65 before the termination of benefits referred to in subsection (a), and (2) whose employment with the employer terminated before the date of the enactment of this section. (d) Regulations \nThe Secretary may issue regulations to carry out the purposes of this section, including regulations with respect to the meaning of the terms termination and prescription drug benefits. (e) Transfers to Medicare Prescription Drug Account \nThe Secretary shall from time to time transfer from the the general fund of the Treasury to the Medicare Prescription Drug Account in the Federal Supplementary Medical Insurance Trust Fund amounts equal to the taxes imposed under this section.", "id": "H769AB1226AE8458481C1C00A521453D", "header": "Termination of retiree prescription drug coverage", "nested": [ { "text": "(a) In general \nThere is hereby imposed on any employer or employee organization that contributes to a group health plan (as defined in section 5000(b)) a tax on the termination of the provision of prescription drug benefits to any qualified retiree under the plan.", "id": "H2806F8AE734144EDAED7B6DEC86EAD53", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Rate of tax \nThe rate of tax imposed under this section is— (1) $750 in the case of a qualified retiree with self-only prescription drug coverage under the plan (determined at the time of the termination of benefits), and (2) $1,500 in the case of any other qualified retiree.", "id": "H07F9A2FC3BD54A74BD1DBA0076D4131", "header": "Rate of tax", "nested": [], "links": [] }, { "text": "(c) Qualified retiree \nFor purposes of this section, the term qualified retiree means any former employee of the employer— (1) who attained age 65 before the termination of benefits referred to in subsection (a), and (2) whose employment with the employer terminated before the date of the enactment of this section.", "id": "HBE12E90057084D69B4B6F00AD5100F2", "header": "Qualified retiree", "nested": [], "links": [] }, { "text": "(d) Regulations \nThe Secretary may issue regulations to carry out the purposes of this section, including regulations with respect to the meaning of the terms termination and prescription drug benefits.", "id": "HA3B2E7576AEF439188BF8FAC6772538", "header": "Regulations", "nested": [], "links": [] }, { "text": "(e) Transfers to Medicare Prescription Drug Account \nThe Secretary shall from time to time transfer from the the general fund of the Treasury to the Medicare Prescription Drug Account in the Federal Supplementary Medical Insurance Trust Fund amounts equal to the taxes imposed under this section.", "id": "H6C05A61FF3874467952FBA6E7F4D6011", "header": "Transfers to Medicare Prescription Drug Account", "nested": [], "links": [] } ], "links": [] } ]

[ "Ways and Means Committee" ]

[ { "text": "1. Parity of wage schedules and rates for prevailing rate employees in Guam with wage schedules and rates for prevailing rate employees in Hawaii \nSection 5343(a) of title 5, United States Code, is amended— (1) in paragraph (3), by striking subject to paragraph (5) and inserting subject to paragraphs (5) and (6) ; (2) in paragraph (4), by striking ; and and inserting a semicolon; (3) in paragraph (5), by striking the period and inserting ; and ; and (4) by adding at the end the following: (6) the Office of Personnel Management shall establish wage schedules and rates for prevailing rate employees who are United States citizens employed in Guam that are the same as the wage schedules and rates for prevailing rate employees in Hawaii..", "id": "H74DB91632BAA44B0BEE511FCC2010C9", "header": "Parity of wage schedules and rates for prevailing rate employees in Guam with wage schedules and rates for prevailing rate employees in Hawaii", "nested": [], "links": [ { "text": "Section 5343(a)", "legal-doc": "usc", "parsable-cite": "usc/5/5343" } ] }, { "text": "2. Effective date \nThis Act shall be effective with respect to pay periods commencing in any fiscal year that commences at least 6 months after the date of the enactment of this Act.", "id": "HB3D93A4F203946F086136900E8C9EF50", "header": "Effective date", "nested": [], "links": [] } ]

[ "Oversight and Accountability Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Recognition of Physician Assistants and Nurse Practitioners in the Federal Workers’ Compensation Act.", "id": "H0DFCC5B21B0943830092278DDFEC7BC3", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds the following: (1) Medical services and supplies provided by physician assistants (PAs) and nurse practitioners (NPs) are not included in the definition of medical, surgical, and hospital services and supplies, in the Federal Employees’ Compensation Act ( 5 U.S.C. 8101 et seq. ), PAs and NPs are not included in the definition of physician in such Act, and claims signed by PAs and NPs have been denied by the Office of Workers’ Compensation Programs of the Department of Labor. (2) In some rural areas where PAs and NPs are the only full-time providers of care, injured Federal workers may have to travel more than 100 miles to receive care that is reimbursable. (3) In some cases, Federal workers have been advised to use hospital emergency rooms for non-emergency care, rather than receiving care after-hours at local clinics where PAs or NPs are the only health care professionals on-site. (4) PAs and NPs are legally regulated in all fifty States, the District of Columbia, and Guam. Forty-eight States, the District of Columbia, and Guam authorize physicians to delegate prescriptive privileges to the PAs they supervise, and forty-nine States, the District of Columbia, and Guam authorize NPs to prescribe medications under their own signature. (5) PAs and NPs work in virtually every area of medicine and surgery and are covered providers within Medicare, Tri-Care, and most private insurance plans. PAs and NPs are also employed by the Federal Government to provide medical care, including by the Department of Veterans Affairs, the Department of Defense, and the Public and Indian Health Services. (6) Amending the Federal Employees’ Compensation Act to recognize PAs and NPs as covered providers will bring this Act in line with the overwhelming majority of State workers’ compensation programs, which recognize PAs and NPs as covered providers. (7) The exclusion of PAs and NPs from the category of covered providers under the Federal Employees’ Compensation Act limits patients’ access to medical care, services, and supplies, disrupts continuity of care, and creates unnecessary costs for the Office of Workers’ Compensation Programs.", "id": "HACBA1D2A21BA47B498EDA158B4C34E0", "header": "Findings", "nested": [], "links": [ { "text": "5 U.S.C. 8101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/5/8101" } ] }, { "text": "3. Inclusion of physician assistants and nurse practitioners in Federal Employees’ Compensation Act \n(a) Inclusion \nSection 8101 of title 5, United States Code, is amended— (1) in paragraph (2), by inserting after chiropractors, the following: physician assistants, nurse practitioners, ; and (2) in paragraph (3), by inserting after chiropractors, the following: physician assistants, nurse practitioners,. (b) Effective date \nThe amendment made by this section shall apply beginning on the first day of the first Federal fiscal year quarter that begins on or after the date of the enactment of this Act.", "id": "HAE3D62E6464D46A100B3EEBB671FD42", "header": "Inclusion of physician assistants and nurse practitioners in Federal Employees’ Compensation Act", "nested": [ { "text": "(a) Inclusion \nSection 8101 of title 5, United States Code, is amended— (1) in paragraph (2), by inserting after chiropractors, the following: physician assistants, nurse practitioners, ; and (2) in paragraph (3), by inserting after chiropractors, the following: physician assistants, nurse practitioners,.", "id": "H40B8A381D8484EEEA22D5B64C117CEE0", "header": "Inclusion", "nested": [], "links": [ { "text": "Section 8101", "legal-doc": "usc", "parsable-cite": "usc/5/8101" } ] }, { "text": "(b) Effective date \nThe amendment made by this section shall apply beginning on the first day of the first Federal fiscal year quarter that begins on or after the date of the enactment of this Act.", "id": "H1296BE0CAA8B46948200932F11001549", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Section 8101", "legal-doc": "usc", "parsable-cite": "usc/5/8101" } ] } ]

[ "Education and the Workforce Committee" ]

[ { "text": "1. Credit for investment in facilities producing electricity from woody biomass \n(a) In general \nSubpart E of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to rules for computing investment credit) is amended by inserting after section 48 the following new section: 48A. Facilities producing electricity from woody biomass \n(a) In general \nFor purposes of section 46, the woody biomass technology credit for any taxable year is an amount equal to 20 percent of the basis of qualified woody biomass energy property placed in service during such year. (b) Qualified woody biomass energy property \nFor purposes of this section, the term qualified woody biomass energy property means section 1245 property— (1) which is used to produce electricity from woody biomass, (2) which is placed in service after the date of the enactment of this section, and before January 1, 2010, (3) the original use of which commences with the taxpayer, and (4) which has a useful life of not less than 5 years. (c) Woody biomass \nFor purposes of this section, the term woody biomass means trees and woody plants, including bark, limbs, tops, needles, leaves, stumps, roots and other woody parts and debris, that are by-products of restoration and hazardous fuel reduction treatments, disease and insect infestation management activities, or other management activities that involve removal, manipulation, or silvicultural treatment of forests, trees, and woody plants. (d) Special rules \nFor purposes of this section— (1) Certain progress expenditure rules made applicable \nRules similar to the rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this section. (2) Property financed by subsidized financing or industrial development bonds \nRules similar to the rules of section 45(b)(3) shall apply for purposes of this section. (3) Noncompliance with pollution laws \nThe term ‘qualified woody biomass energy property’ shall not include any property which is not in compliance with the applicable Federal pollution prevention, control, and permit requirements at any time during the 5-year period beginning on the date such property is placed in service. (4) Denial of credit for property receiving certain other Federal assistance \nThe term qualified woody biomass energy property shall not include any property if, at any time during the 5-year period beginning on the date such property is placed in service, any funding is provided with respect to such property under any provision of Federal law. (5) Coordination with other credits \nThis section shall not apply to any property with respect to which the rehabilitation credit under section 47, the energy credit under section 48, or any credit under section 45 is allowable unless the taxpayer elects to waive the application of such credit to such property.. (b) Technical amendments \n(1) Section 46 of such Code (relating to amount of credit) is amended by striking and at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting , and , and by adding at the end the following new paragraph: (4) the woody biomass technology credit.. (2) Section 49(a)(1)(C) of such Code is amended by striking and at the end of clause (ii), by striking the period at the end of clause (iii) and inserting , and , and by adding at the end the following new clause: (iv) the portion of the basis of any qualified woody biomass energy property (as defined by section 48A(b)).. (3) The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 48 the following new item: Sec. 48A. Facilities producing electricity from woody biomass. (c) Effective date \nThe amendments made by this section shall apply to periods after December 31, 2004, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990).", "id": "H2B45FE62702443469923002CE395C925", "header": "Credit for investment in facilities producing electricity from woody biomass", "nested": [ { "text": "(a) In general \nSubpart E of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to rules for computing investment credit) is amended by inserting after section 48 the following new section: 48A. Facilities producing electricity from woody biomass \n(a) In general \nFor purposes of section 46, the woody biomass technology credit for any taxable year is an amount equal to 20 percent of the basis of qualified woody biomass energy property placed in service during such year. (b) Qualified woody biomass energy property \nFor purposes of this section, the term qualified woody biomass energy property means section 1245 property— (1) which is used to produce electricity from woody biomass, (2) which is placed in service after the date of the enactment of this section, and before January 1, 2010, (3) the original use of which commences with the taxpayer, and (4) which has a useful life of not less than 5 years. (c) Woody biomass \nFor purposes of this section, the term woody biomass means trees and woody plants, including bark, limbs, tops, needles, leaves, stumps, roots and other woody parts and debris, that are by-products of restoration and hazardous fuel reduction treatments, disease and insect infestation management activities, or other management activities that involve removal, manipulation, or silvicultural treatment of forests, trees, and woody plants. (d) Special rules \nFor purposes of this section— (1) Certain progress expenditure rules made applicable \nRules similar to the rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this section. (2) Property financed by subsidized financing or industrial development bonds \nRules similar to the rules of section 45(b)(3) shall apply for purposes of this section. (3) Noncompliance with pollution laws \nThe term ‘qualified woody biomass energy property’ shall not include any property which is not in compliance with the applicable Federal pollution prevention, control, and permit requirements at any time during the 5-year period beginning on the date such property is placed in service. (4) Denial of credit for property receiving certain other Federal assistance \nThe term qualified woody biomass energy property shall not include any property if, at any time during the 5-year period beginning on the date such property is placed in service, any funding is provided with respect to such property under any provision of Federal law. (5) Coordination with other credits \nThis section shall not apply to any property with respect to which the rehabilitation credit under section 47, the energy credit under section 48, or any credit under section 45 is allowable unless the taxpayer elects to waive the application of such credit to such property..", "id": "HF5DD70EC37B84ABAB9A5E3A06A0294", "header": "In general", "nested": [], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" } ] }, { "text": "(b) Technical amendments \n(1) Section 46 of such Code (relating to amount of credit) is amended by striking and at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting , and , and by adding at the end the following new paragraph: (4) the woody biomass technology credit.. (2) Section 49(a)(1)(C) of such Code is amended by striking and at the end of clause (ii), by striking the period at the end of clause (iii) and inserting , and , and by adding at the end the following new clause: (iv) the portion of the basis of any qualified woody biomass energy property (as defined by section 48A(b)).. (3) The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 48 the following new item: Sec. 48A. Facilities producing electricity from woody biomass.", "id": "H8B3FCF0287D44F3D85A4FAF182DC3000", "header": "Technical amendments", "nested": [], "links": [] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply to periods after December 31, 2004, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990).", "id": "H59B3FACE1BB54092AD8F6E141F361DA", "header": "Effective date", "nested": [], "links": [ { "text": "section 48(m)", "legal-doc": "usc", "parsable-cite": "usc/26/48" } ] } ], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" }, { "text": "section 48(m)", "legal-doc": "usc", "parsable-cite": "usc/26/48" } ] }, { "text": "48A. Facilities producing electricity from woody biomass \n(a) In general \nFor purposes of section 46, the woody biomass technology credit for any taxable year is an amount equal to 20 percent of the basis of qualified woody biomass energy property placed in service during such year. (b) Qualified woody biomass energy property \nFor purposes of this section, the term qualified woody biomass energy property means section 1245 property— (1) which is used to produce electricity from woody biomass, (2) which is placed in service after the date of the enactment of this section, and before January 1, 2010, (3) the original use of which commences with the taxpayer, and (4) which has a useful life of not less than 5 years. (c) Woody biomass \nFor purposes of this section, the term woody biomass means trees and woody plants, including bark, limbs, tops, needles, leaves, stumps, roots and other woody parts and debris, that are by-products of restoration and hazardous fuel reduction treatments, disease and insect infestation management activities, or other management activities that involve removal, manipulation, or silvicultural treatment of forests, trees, and woody plants. (d) Special rules \nFor purposes of this section— (1) Certain progress expenditure rules made applicable \nRules similar to the rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this section. (2) Property financed by subsidized financing or industrial development bonds \nRules similar to the rules of section 45(b)(3) shall apply for purposes of this section. (3) Noncompliance with pollution laws \nThe term ‘qualified woody biomass energy property’ shall not include any property which is not in compliance with the applicable Federal pollution prevention, control, and permit requirements at any time during the 5-year period beginning on the date such property is placed in service. (4) Denial of credit for property receiving certain other Federal assistance \nThe term qualified woody biomass energy property shall not include any property if, at any time during the 5-year period beginning on the date such property is placed in service, any funding is provided with respect to such property under any provision of Federal law. (5) Coordination with other credits \nThis section shall not apply to any property with respect to which the rehabilitation credit under section 47, the energy credit under section 48, or any credit under section 45 is allowable unless the taxpayer elects to waive the application of such credit to such property.", "id": "H330EFFAD90194796B6A67D8ED288EFE5", "header": "Facilities producing electricity from woody biomass", "nested": [ { "text": "(a) In general \nFor purposes of section 46, the woody biomass technology credit for any taxable year is an amount equal to 20 percent of the basis of qualified woody biomass energy property placed in service during such year.", "id": "H6C2D249AA750452FB444AEC6D3CD86E0", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Qualified woody biomass energy property \nFor purposes of this section, the term qualified woody biomass energy property means section 1245 property— (1) which is used to produce electricity from woody biomass, (2) which is placed in service after the date of the enactment of this section, and before January 1, 2010, (3) the original use of which commences with the taxpayer, and (4) which has a useful life of not less than 5 years.", "id": "HAE80C483684F49AB84163CE1FC077683", "header": "Qualified woody biomass energy property", "nested": [], "links": [] }, { "text": "(c) Woody biomass \nFor purposes of this section, the term woody biomass means trees and woody plants, including bark, limbs, tops, needles, leaves, stumps, roots and other woody parts and debris, that are by-products of restoration and hazardous fuel reduction treatments, disease and insect infestation management activities, or other management activities that involve removal, manipulation, or silvicultural treatment of forests, trees, and woody plants.", "id": "HAC70E0EE58E64CB7B15C6E3B6D00D194", "header": "Woody biomass", "nested": [], "links": [] }, { "text": "(d) Special rules \nFor purposes of this section— (1) Certain progress expenditure rules made applicable \nRules similar to the rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this section. (2) Property financed by subsidized financing or industrial development bonds \nRules similar to the rules of section 45(b)(3) shall apply for purposes of this section. (3) Noncompliance with pollution laws \nThe term ‘qualified woody biomass energy property’ shall not include any property which is not in compliance with the applicable Federal pollution prevention, control, and permit requirements at any time during the 5-year period beginning on the date such property is placed in service. (4) Denial of credit for property receiving certain other Federal assistance \nThe term qualified woody biomass energy property shall not include any property if, at any time during the 5-year period beginning on the date such property is placed in service, any funding is provided with respect to such property under any provision of Federal law. (5) Coordination with other credits \nThis section shall not apply to any property with respect to which the rehabilitation credit under section 47, the energy credit under section 48, or any credit under section 45 is allowable unless the taxpayer elects to waive the application of such credit to such property.", "id": "H6B551CB449B34E35909BCBBEB428294", "header": "Special rules", "nested": [], "links": [] } ], "links": [] } ]

[ "Ways and Means Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Jobs for America Act of 2004.", "id": "H2FE8095131A447FAB95BAFB163A0ABBB", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Amendments to the Worker Adjustment and Retraining Notification Act \n(a) Definition \nSection 2(a) of the Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2101(a) ) is amended— (1) in paragraph (3)(B), by striking for— and all that follows through 500 employees in clause (ii), and inserting for at least 50 employees ; (2) in paragraph (7), by striking and at the end; (3) in paragraph (8), by striking the period and inserting ; and ; and (4) by adding at the end the following: (9) the term offshoring of jobs means any action taken by an employer the effect of which is to create, shift, or transfer work or facilities outside the United States and which results in an employment loss during any 30 day period for 15 or more employees.. (b) Determinations with respect to employment loss \nSection 3(d) of the Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2102(d) ) is amended— (1) by striking each of which and inserting 1 or more of which ; and (2) by striking within any 90-day period and inserting within any 180-day period. (c) Notice \nSection 3 of the Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2102 ) is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking 60-day and inserting 90-day ; and (B) in paragraph (1), by striking and at the end; (C) in paragraph (2), by striking the period and inserting ; and ; and (D) by inserting after paragraph (2), the following: (3) to the Secretary of Labor. ; (2) in subsection (b), by striking 60-day each place that such appears and inserting 90-day ; and (3) by adding at the end the following: (e) Notice for offshoring of Jobs \nIn the case of a notice under subsection (a) regarding the offshoring of jobs, the notice shall include, in addition to the information otherwise required by the Secretary with respect to other notices under such subsection, information concerning— (1) the number of jobs affected; (2) the location to which work or facilities are being shifted or transferred; and (3) the reasons that such shifting or transferring of work or facilities is occurring.. (d) Technical amendments \nThe Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2101 et seq. ) is amended— (1) by striking plant closing or mass layoff each place that such appears and inserting plant closing, mass layoff, or offshoring of jobs ; (2) by striking closing or layoff each place that such appears and inserting closing, layoff, or offshoring ; and (3) in section 3— (A) in the section heading by striking plant closings and mass layoffs and inserting plant closings, mass layoffs, and offshoring of jobs ; (B) in subsection (b)(2)(A), by striking closing or mass layoff and inserting closing, layoff, or offshoring ; and (C) in subsection (d), by striking section 2(a)(2) or (3) and inserting paragraph (2), (3), or (9) of section 2(a). (e) Civil Actions against employers \nSection 5(a) of the Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2104(a) ) is amended— (1) in paragraph (1), by striking 60 days and inserting 90 days ; (2) in paragraph (1)(A)(ii), by striking and ; (3) in paragraph (1)(B), by striking the period and inserting ; and ; (4) in paragraph (1), by inserting after subparagraph (B) the following: (C) any other consequential damages incurred by the aggrieved employee as a result of the violation of section 3 of this Act. ; (5) in paragraph (3), by inserting State or after with respect to a ; (6) in paragraph (4), by adding at the end the following: If the court determines that an employer acted in bad faith in an attempt to evade the requirements of this Act, the court may, in its discretion, award to persons seeking to enforce this Act, treble damages. ; and (7) in paragraph (5), by inserting , a State, after a representative of employees. (f) Posting of employee rights \nThe Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2101 et seq. ) is amended by adding at the end the following: 11. Posting of notice of rights \n(a) Development \nNot later than 60 days after the date of enactment of this section, the Secretary of Labor shall develop a notice of employee rights under this Act for posting by employers. (b) Posting \nEach employer shall post in a conspicuous place in places of employment the notice of the rights of employees as developed by the Secretary under subsection (a).. (g) Annual report \nThe Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2101 et seq. ), as amended by subsection (d), is further amended by adding at the end the following: 12. Contents of annual reports by the Secretary of Labor \n(a) In general \nThe Secretary of Labor shall collect and compile statistics based on the information submitted to the Secretary under subsections (a)(3) and (e) of section 3. (b) Report \nNot later than 120 days after the date on which each regular session of Congress commences, the Secretary of Labor shall prepare and submit to the President and the appropriate committees of Congress a report on the offshoring of jobs (as defined in section 2(a)(9)). Each such report shall include information concerning— (1) the number of jobs affected by offshoring; (2) the locations to which work or facilities are being shifted or transferred; (3) the reasons why such shifts and transfers are occurring; and (4) any other relevant data compiled under subsection (a)..", "id": "HCF2129A9014244009C007840E6824741", "header": "Amendments to the Worker Adjustment and Retraining Notification Act", "nested": [ { "text": "(a) Definition \nSection 2(a) of the Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2101(a) ) is amended— (1) in paragraph (3)(B), by striking for— and all that follows through 500 employees in clause (ii), and inserting for at least 50 employees ; (2) in paragraph (7), by striking and at the end; (3) in paragraph (8), by striking the period and inserting ; and ; and (4) by adding at the end the following: (9) the term offshoring of jobs means any action taken by an employer the effect of which is to create, shift, or transfer work or facilities outside the United States and which results in an employment loss during any 30 day period for 15 or more employees..", "id": "H0CC9EECBE4234C62B9DADA29AB433993", "header": "Definition", "nested": [], "links": [ { "text": "29 U.S.C. 2101(a)", "legal-doc": "usc", "parsable-cite": "usc/29/2101" } ] }, { "text": "(b) Determinations with respect to employment loss \nSection 3(d) of the Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2102(d) ) is amended— (1) by striking each of which and inserting 1 or more of which ; and (2) by striking within any 90-day period and inserting within any 180-day period.", "id": "HCB5E2FF0E57E42439DB1D4E4D1AD041B", "header": "Determinations with respect to employment loss", "nested": [], "links": [ { "text": "29 U.S.C. 2102(d)", "legal-doc": "usc", "parsable-cite": "usc/29/2102" } ] }, { "text": "(c) Notice \nSection 3 of the Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2102 ) is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking 60-day and inserting 90-day ; and (B) in paragraph (1), by striking and at the end; (C) in paragraph (2), by striking the period and inserting ; and ; and (D) by inserting after paragraph (2), the following: (3) to the Secretary of Labor. ; (2) in subsection (b), by striking 60-day each place that such appears and inserting 90-day ; and (3) by adding at the end the following: (e) Notice for offshoring of Jobs \nIn the case of a notice under subsection (a) regarding the offshoring of jobs, the notice shall include, in addition to the information otherwise required by the Secretary with respect to other notices under such subsection, information concerning— (1) the number of jobs affected; (2) the location to which work or facilities are being shifted or transferred; and (3) the reasons that such shifting or transferring of work or facilities is occurring..", "id": "H573DF6D492714E3F916D70821FD81CBE", "header": "Notice", "nested": [], "links": [ { "text": "29 U.S.C. 2102", "legal-doc": "usc", "parsable-cite": "usc/29/2102" } ] }, { "text": "(d) Technical amendments \nThe Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2101 et seq. ) is amended— (1) by striking plant closing or mass layoff each place that such appears and inserting plant closing, mass layoff, or offshoring of jobs ; (2) by striking closing or layoff each place that such appears and inserting closing, layoff, or offshoring ; and (3) in section 3— (A) in the section heading by striking plant closings and mass layoffs and inserting plant closings, mass layoffs, and offshoring of jobs ; (B) in subsection (b)(2)(A), by striking closing or mass layoff and inserting closing, layoff, or offshoring ; and (C) in subsection (d), by striking section 2(a)(2) or (3) and inserting paragraph (2), (3), or (9) of section 2(a).", "id": "H972EA5B8B9CD4CD9AFBEE38D0037FE3F", "header": "Technical amendments", "nested": [], "links": [ { "text": "29 U.S.C. 2101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/2101" } ] }, { "text": "(e) Civil Actions against employers \nSection 5(a) of the Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2104(a) ) is amended— (1) in paragraph (1), by striking 60 days and inserting 90 days ; (2) in paragraph (1)(A)(ii), by striking and ; (3) in paragraph (1)(B), by striking the period and inserting ; and ; (4) in paragraph (1), by inserting after subparagraph (B) the following: (C) any other consequential damages incurred by the aggrieved employee as a result of the violation of section 3 of this Act. ; (5) in paragraph (3), by inserting State or after with respect to a ; (6) in paragraph (4), by adding at the end the following: If the court determines that an employer acted in bad faith in an attempt to evade the requirements of this Act, the court may, in its discretion, award to persons seeking to enforce this Act, treble damages. ; and (7) in paragraph (5), by inserting , a State, after a representative of employees.", "id": "H073E907E44AC4358A210FFCBBA8744C4", "header": "Civil Actions against employers", "nested": [], "links": [ { "text": "29 U.S.C. 2104(a)", "legal-doc": "usc", "parsable-cite": "usc/29/2104" } ] }, { "text": "(f) Posting of employee rights \nThe Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2101 et seq. ) is amended by adding at the end the following: 11. Posting of notice of rights \n(a) Development \nNot later than 60 days after the date of enactment of this section, the Secretary of Labor shall develop a notice of employee rights under this Act for posting by employers. (b) Posting \nEach employer shall post in a conspicuous place in places of employment the notice of the rights of employees as developed by the Secretary under subsection (a)..", "id": "HF50E5B814E1F4336ABE8D200F292A97C", "header": "Posting of employee rights", "nested": [], "links": [ { "text": "29 U.S.C. 2101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/2101" } ] }, { "text": "(g) Annual report \nThe Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2101 et seq. ), as amended by subsection (d), is further amended by adding at the end the following: 12. Contents of annual reports by the Secretary of Labor \n(a) In general \nThe Secretary of Labor shall collect and compile statistics based on the information submitted to the Secretary under subsections (a)(3) and (e) of section 3. (b) Report \nNot later than 120 days after the date on which each regular session of Congress commences, the Secretary of Labor shall prepare and submit to the President and the appropriate committees of Congress a report on the offshoring of jobs (as defined in section 2(a)(9)). Each such report shall include information concerning— (1) the number of jobs affected by offshoring; (2) the locations to which work or facilities are being shifted or transferred; (3) the reasons why such shifts and transfers are occurring; and (4) any other relevant data compiled under subsection (a)..", "id": "H5F538B18FD244CC2AC9DE5E53ED24C1", "header": "Annual report", "nested": [], "links": [ { "text": "29 U.S.C. 2101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/2101" } ] } ], "links": [ { "text": "29 U.S.C. 2101(a)", "legal-doc": "usc", "parsable-cite": "usc/29/2101" }, { "text": "29 U.S.C. 2102(d)", "legal-doc": "usc", "parsable-cite": "usc/29/2102" }, { "text": "29 U.S.C. 2102", "legal-doc": "usc", "parsable-cite": "usc/29/2102" }, { "text": "29 U.S.C. 2101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/2101" }, { "text": "29 U.S.C. 2104(a)", "legal-doc": "usc", "parsable-cite": "usc/29/2104" }, { "text": "29 U.S.C. 2101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/2101" }, { "text": "29 U.S.C. 2101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/2101" } ] }, { "text": "11. Posting of notice of rights \n(a) Development \nNot later than 60 days after the date of enactment of this section, the Secretary of Labor shall develop a notice of employee rights under this Act for posting by employers. (b) Posting \nEach employer shall post in a conspicuous place in places of employment the notice of the rights of employees as developed by the Secretary under subsection (a).", "id": "H6C772FC0807240C596BE8C2BDE126098", "header": "Posting of notice of rights", "nested": [ { "text": "(a) Development \nNot later than 60 days after the date of enactment of this section, the Secretary of Labor shall develop a notice of employee rights under this Act for posting by employers.", "id": "H8B9D4A76015F4EEEA26C3FBCEE41605B", "header": "Development", "nested": [], "links": [] }, { "text": "(b) Posting \nEach employer shall post in a conspicuous place in places of employment the notice of the rights of employees as developed by the Secretary under subsection (a).", "id": "H0DB20B543E5B488896AD167DCC5C97B4", "header": "Posting", "nested": [], "links": [] } ], "links": [] }, { "text": "12. Contents of annual reports by the Secretary of Labor \n(a) In general \nThe Secretary of Labor shall collect and compile statistics based on the information submitted to the Secretary under subsections (a)(3) and (e) of section 3. (b) Report \nNot later than 120 days after the date on which each regular session of Congress commences, the Secretary of Labor shall prepare and submit to the President and the appropriate committees of Congress a report on the offshoring of jobs (as defined in section 2(a)(9)). Each such report shall include information concerning— (1) the number of jobs affected by offshoring; (2) the locations to which work or facilities are being shifted or transferred; (3) the reasons why such shifts and transfers are occurring; and (4) any other relevant data compiled under subsection (a).", "id": "HAB8B33ABDD2A4CC4B700E3C57DB966B6", "header": "Contents of annual reports by the Secretary of Labor", "nested": [ { "text": "(a) In general \nThe Secretary of Labor shall collect and compile statistics based on the information submitted to the Secretary under subsections (a)(3) and (e) of section 3.", "id": "HE77182DD10A24F13BA00BAE4142EFB09", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than 120 days after the date on which each regular session of Congress commences, the Secretary of Labor shall prepare and submit to the President and the appropriate committees of Congress a report on the offshoring of jobs (as defined in section 2(a)(9)). Each such report shall include information concerning— (1) the number of jobs affected by offshoring; (2) the locations to which work or facilities are being shifted or transferred; (3) the reasons why such shifts and transfers are occurring; and (4) any other relevant data compiled under subsection (a).", "id": "HE59BFC3D740D44A29979ED6483B378C", "header": "Report", "nested": [], "links": [] } ], "links": [] } ]

[ "Education and the Workforce Committee" ]

[ { "text": "1. Designation of Guardians of Freedom Memorial Post Office Building \n(a) Designation \nThe facility of the United States Postal Service located at 1050 North Hills Boulevard in Reno, Nevada, shall be known and designated as the Guardians of Freedom Memorial Post Office Building. (b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Guardians of Freedom Memorial Post Office Building.", "id": "H02A4F2116FD94AC0A1661F1DB254D463", "header": "Designation of Guardians of Freedom Memorial Post Office Building", "nested": [ { "text": "(a) Designation \nThe facility of the United States Postal Service located at 1050 North Hills Boulevard in Reno, Nevada, shall be known and designated as the Guardians of Freedom Memorial Post Office Building.", "id": "H63FE66583D2E4DDEB57B7544B1DA0008", "header": "Designation", "nested": [], "links": [] }, { "text": "(b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Guardians of Freedom Memorial Post Office Building.", "id": "HAA45B984C1884F8FBB9CD0A72B19CCBF", "header": "References", "nested": [], "links": [] } ], "links": [] }, { "text": "2. Installation of plaque \n(a) Agreement \nThe Postmaster General may enter into an agreement with the Office of Veterans’ Services of the State of Nevada under which the Office of Veterans’ Services of the State of Nevada agrees— (1) to install a plaque to be displayed at the Guardians of Freedom Memorial Post Office Building referred to in section 1(a); and (2) to maintain and update such plaque, as appropriate and in accordance with subsections (b) and (c). (b) Inscriptions \n(1) Dedication \nThe plaque installed pursuant to subsection (a) shall bear the following inscription: This post office building is dedicated in the memory of those men and women of the State of Nevada who have lost their lives while serving in the Armed Forces of the United States in the Global War on Terrorism and in Operation Iraqi Freedom.. (2) Additional information \nThe plaque installed pursuant to subsection (a) shall also include with respect to the men and women of the Armed Forces referred to in paragraph (1) inscriptions containing the names, ranks, branches of service, hometowns, and dates of death of such men and women. (c) Expenditure of costs \nThe agreement referred to in subsection (a) shall provide that the Office of Veterans’ Services of the State of Nevada shall have sole responsibility for the expenditure of all costs associated with the installation, maintenance, and updating of the plaque.", "id": "H2F6043C92B9E4DA987DCD9C95029BB39", "header": "Installation of plaque", "nested": [ { "text": "(a) Agreement \nThe Postmaster General may enter into an agreement with the Office of Veterans’ Services of the State of Nevada under which the Office of Veterans’ Services of the State of Nevada agrees— (1) to install a plaque to be displayed at the Guardians of Freedom Memorial Post Office Building referred to in section 1(a); and (2) to maintain and update such plaque, as appropriate and in accordance with subsections (b) and (c).", "id": "H4EF0461713E24DC0915E22F88061DB00", "header": "Agreement", "nested": [], "links": [] }, { "text": "(b) Inscriptions \n(1) Dedication \nThe plaque installed pursuant to subsection (a) shall bear the following inscription: This post office building is dedicated in the memory of those men and women of the State of Nevada who have lost their lives while serving in the Armed Forces of the United States in the Global War on Terrorism and in Operation Iraqi Freedom.. (2) Additional information \nThe plaque installed pursuant to subsection (a) shall also include with respect to the men and women of the Armed Forces referred to in paragraph (1) inscriptions containing the names, ranks, branches of service, hometowns, and dates of death of such men and women.", "id": "H5E2FB49ADE4E4DB6B4E244327F4905D1", "header": "Inscriptions", "nested": [], "links": [] }, { "text": "(c) Expenditure of costs \nThe agreement referred to in subsection (a) shall provide that the Office of Veterans’ Services of the State of Nevada shall have sole responsibility for the expenditure of all costs associated with the installation, maintenance, and updating of the plaque.", "id": "HE3D31C6286DC4E82945F40D3C16761E8", "header": "Expenditure of costs", "nested": [], "links": [] } ], "links": [] } ]

[ "Homeland Security and Governmental Affairs Committee", "Oversight and Accountability Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HD2AAD0BAEDBD467EB82C7CF6B94846F7", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Clarification of payment for clinical laboratory tests furnished by critical access hospitals \n(a) In general \nSection 1834(g)(4) of the Social Security Act ( 42 U.S.C. 1395m(g)(4) ) is amended— (1) in the heading, by striking no beneficiary cost-sharing for and inserting treatment of ; and (2) by adding at the end the following: For purposes of the preceding sentence and section 1861(mm)(3), clinical diagnostic laboratory services furnished by a critical access hospital shall be treated as being furnished as part of outpatient critical access services without regard to whether— (A) the individual with respect to whom such services are furnished is physically present in the critical access hospital at the time the specimen is collected; (B) such individual is registered as an outpatient on the records of, and receives such services directly from, the critical access hospital; or (C) payment is (or, but for this subsection, would be) available for such services under the fee schedule established under section 1833(h).. (b) Effective date \nThe amendments made by subsection (a) shall apply to cost reporting periods beginning on or after October 1, 2003.", "id": "HE215A20DAD634E2C9479B9A92F1FCD00", "header": "Clarification of payment for clinical laboratory tests furnished by critical access hospitals", "nested": [ { "text": "(a) In general \nSection 1834(g)(4) of the Social Security Act ( 42 U.S.C. 1395m(g)(4) ) is amended— (1) in the heading, by striking no beneficiary cost-sharing for and inserting treatment of ; and (2) by adding at the end the following: For purposes of the preceding sentence and section 1861(mm)(3), clinical diagnostic laboratory services furnished by a critical access hospital shall be treated as being furnished as part of outpatient critical access services without regard to whether— (A) the individual with respect to whom such services are furnished is physically present in the critical access hospital at the time the specimen is collected; (B) such individual is registered as an outpatient on the records of, and receives such services directly from, the critical access hospital; or (C) payment is (or, but for this subsection, would be) available for such services under the fee schedule established under section 1833(h)..", "id": "HFBF33ECCD27A49089000AD180061B49F", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 1395m(g)(4)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" } ] }, { "text": "(b) Effective date \nThe amendments made by subsection (a) shall apply to cost reporting periods beginning on or after October 1, 2003.", "id": "H76329A6239F5421A9BC71362AAE92630", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1395m(g)(4)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" } ] } ]

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

[ { "text": "1. Short title \nThis Act may be cited as the High Risk Pool Flexibility Act of 2004.", "id": "H1AC41FBDEBCE42BDBEAD23EBA089AA38", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Revision of definition of qualified high risk pool \nSection 2745(d) of the Public Health Service Act ( 42 U.S.C. 300gg–45(d) ) is amended to read as follows: (d) Definitions \nFor purposes of this section: (1) Qualified high risk pool \nThe term ‘qualified high risk pool’ has the meaning given such term in section 2744(c)(2), except that a State may elect to meet the requirement of subparagraph (A) of such section (insofar as it requires the provision of coverage to all eligible individuals) through providing for the enrollment of eligible individuals through an acceptable alternative mechanism (as defined for purposes of section 2744) that includes a high risk pool as a component. (2) State \nThe term State means any of the 50 States and the District of Columbia..", "id": "H2C090D1745C74F0E8E581FAD9D1E3C22", "header": "Revision of definition of qualified high risk pool", "nested": [], "links": [ { "text": "42 U.S.C. 300gg–45(d)", "legal-doc": "usc", "parsable-cite": "usc/42/300gg-45" } ] } ]

[ "Energy and Commerce Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HDDF347B3F39D46E7BF57DA786CC5126D", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definitions \nIn this Act the following definitions apply: (1) Alternative container \nThe term alternative container means an unfinished wooden box or other nonmetal receptacle or enclosure, without ornamentation or a fixed interior lining, which is designed for the encasement of human remains and which is made of fiberboard, pressed-wood, composition materials (with or without an outside covering), or similar materials. (2) Arrangement services fee \nThe term arrangement services fee means a reasonable fee that— (A) is charged to cover professional and overhead costs, including staff time dedicated to conducting arrangement conferences, implementing arrangement instructions, obtaining permits or other authorizations, preparing notices for newspapers, coordinating with clergy and monument dealers, and similar activities; and (B) is— (i) calculated at an hourly rate; or (ii) a series of flat-rate fees for specific arrangements made by a funeral service provider. (3) Cash advance item \nThe term cash advance item means any item of service or merchandise described to a purchaser as a cash advance, accommodation, cash disbursement, or similar term. A cash advance item includes any item obtained from a third party and paid for by the funeral provider on the purchaser’s behalf. Cash advance items include cemetery or crematory services, pallbearers, public transportation, clergy honoraria, flowers, musicians, singers, nurses, permit fees, obituary notices, gratuities, and death certificates. (4) Casket \nThe term casket means a rigid container which is designed for the encasement of human remains and which is usually constructed of wood, metal, fiberglass, plastic, or like material, and ornamented and lined with fabric. (5) Commission \nThe term Commission means the Federal Trade Commission. (6) Cremation \nThe term cremation means a heating process which incinerates human remains. (7) Crematory \nThe term crematory means any person, partnership, or corporation that performs cremation. (8) Deceptive practice \nThe term deceptive practice means an unfair or deceptive act or practice in or affecting commerce that violates section 5(a) of the Federal Trade Commission Act ( 15 U.S.C. 45(a) ). (9) Direct cremation \nThe term direct cremation means a disposition of human remains by cremation without formal viewing, visitation, or ceremony with the body present. (10) Funeral ceremony \nThe term funeral ceremony means a service commemorating a deceased person that occurs with the body of the deceased person present. (11) Funeral goods \nThe term funeral goods means goods which are sold or offered for sale directly to the public for use in connection with funeral services. (12) Funeral provider \nThe term funeral provider means any person, partnership, or corporation that sells or offers to sell funeral goods or funeral services to the public. (13) Funeral services \nThe term funeral services means— (A) any services which may be used to— (i) care for and prepare deceased human bodies for burial, cremation, or other final disposition; and (ii) arrange, supervise, or conduct the funeral ceremony or the final disposition of deceased human bodies; and (B) services provided by funeral directors, morticians, cemeterians, cremationists, and memorial retailers. (14) Immediate burial \nThe term immediate burial means a disposition of human remains by burial, without formal viewing, visitation, or ceremony with the body present, except for a graveside service. (15) Memorial service \nThe term memorial service means a ceremony commemorating the deceased without the body present. (16) Memorial retailer \nThe term memorial retailer means a person who sells or offers to sell to the public any memorial intended to mark the location of the internment of human remains. (17) Outer burial container \nThe term outer burial container means any container which is designed for placement in the grave around the casket including, but not limited to, containers commonly known as burial vaults, grave boxes, and grave liners. (18) Preneed contract \nThe term preneed contract means a funeral contract arranged for and paid, in part or in full, prior to an anticipated death. (19) Purchaser of funeral goods or funeral services \nThe terms purchaser of funeral goods or funeral services and purchaser mean any person who— (A) purchases funeral goods or funeral services from a funeral provider; or (B) contacts a funeral provider, in any manner, including in person, by telephone, by mail, or electronically, to obtain information related to purchasing funeral goods or funeral services. (20) Request for information related to funeral goods or funeral services \nThe term request for information related to funeral goods or funeral services means any inquiry made by a person to a funeral provider for information related to such goods or services. Such request may be made in person, in writing, by telephone, or electronically.", "id": "H8E880713B2ED434187EE5F95D499F96", "header": "Definitions", "nested": [], "links": [ { "text": "15 U.S.C. 45(a)", "legal-doc": "usc", "parsable-cite": "usc/15/45" } ] }, { "text": "3. Price disclosures \n(a) Deceptive practices \nIt shall be a deceptive trade practice under section 5(a) of the Federal Trade Commission Act ( 15 U.S.C. 45(a) ) for a funeral provider to fail to provide, in a timely manner— (1) in response to a request for information related to funeral goods or funeral services— (A) accurate, printed information regarding the price of the funeral goods and funeral services described in subsection (b); and (B) the printed disclosures described in subsection (c); or (2) in response to a specific request for the prices of caskets, alternative containers, or outer burial containers, a list of the prices of each model of casket, alternative container, or outer burial container that the funeral provider offers for sale. (b) Funeral goods and funeral services \nThe price of funeral goods and funeral services referred to in subsection (a)(1)(A) means the retail price, expressed as a flat fee or a price per hour, mile, or other unit, of all funeral goods and services offered by a funeral provider, including the following: (1) Embalming. (2) Transportation of remains. (3) The use of facilities. (4) Staff attendance at meetings, gatherings, or services. (5) Equipment usage or rental. (6) Casket and alternative containers. (7) Outer burial container. (8) Immediate burials. (9) Direct cremations. (10) Crematory services. (11) Viewing, without embalming. (12) Insurance or benefit processing fee. (13) Internment rights. (14) Opening and closing charges. (15) Monuments, markers, or memorials. (c) Disclosures \nThe disclosures referred to in subsection (a)(1)(B) are the following disclosures: (1) The name, address, and telephone number of the funeral provider’s place of business. (2) The effective date of any prices provided. (3) The following statement: For information on the purchase of funerals and consumer rights or to file a complaint, you may contact ______. , with the blank space being filled with the name, address, phone number, and other relevant information for contacting the State agency or agencies responsible for handling consumer inquiries and complaints pertaining to death care service providers. (4) Contact information, including a toll-free number, for an agency that provides information related to veteran’s benefits. (5) In immediate conjunction with the price of embalming, the following statements: (A) Except in certain special cases, embalming is not required by law. Embalming may be necessary, however, if you select certain funeral arrangements, such as a funeral with viewing. If you do not want embalming, you usually have the right to choose an arrangement that does not require you to pay for it, such as direct cremation, immediate burial, or other timely disposition.. The phrase except in certain special cases shall not be included in the disclosure if State or local law in the area where the provider does business does not require embalming under any circumstances. (B) If you selected a funeral that may require embalming, such as a funeral with viewing, you may have to pay for embalming. You do not have to pay for embalming you did not approve if you selected arrangements such as a direct cremation or immediate burial. If we charged for embalming, we will explain why below.. (6) In immediate conjunction with the price of direct cremations, the following disclosure: If you want to arrange a direct cremation, you can use an alternative container. Alternative containers encase the body and can be made of materials like fiberboard or composition materials (with or without an outside covering). The containers we provide are ______. , with the blank space being filled with a description of the container and its construction. (7) In immediate conjunction with the price of any outer burial container, the following disclosure: In most areas of the country, State or local law does not require that you buy a container to surround the casket in the grave. However, many cemeteries require that you have such a container so that the grave will not sink or settle. Either a grave liner or a burial vault will satisfy these requirements.. The phrase in most areas of the country shall not be included in this disclosure if State or local law in the area where the provider does business does not require a container to surround the casket in the grave. (8) In immediate conjunction with the price of any casket or sealer casket, the following disclosure: There is no scientific or other evidence that any casket with a sealing device will preserve human remains. (d) Timely manner \nFor the purposes of subsection (a), information is provided in a timely manner if it is provided to the purchaser of funeral goods or funeral services at the first opportunity, which may not be later than the first selling, showing, or making any representation about any funeral goods or funeral services. (e) Specific application \nThe requirements of subsection (a) apply to every communication between a funeral provider and a purchaser of funeral goods or funeral services, except an in-person request made by a funeral provider for authorization to embalm at the time a deceased human body is removed for transportation.", "id": "H668810080B25402D99A8B3C7A1EAE1E7", "header": "Price disclosures", "nested": [ { "text": "(a) Deceptive practices \nIt shall be a deceptive trade practice under section 5(a) of the Federal Trade Commission Act ( 15 U.S.C. 45(a) ) for a funeral provider to fail to provide, in a timely manner— (1) in response to a request for information related to funeral goods or funeral services— (A) accurate, printed information regarding the price of the funeral goods and funeral services described in subsection (b); and (B) the printed disclosures described in subsection (c); or (2) in response to a specific request for the prices of caskets, alternative containers, or outer burial containers, a list of the prices of each model of casket, alternative container, or outer burial container that the funeral provider offers for sale.", "id": "HD06AFADD5C4A4B809DA6B1E61CB1E97", "header": "Deceptive practices", "nested": [], "links": [ { "text": "15 U.S.C. 45(a)", "legal-doc": "usc", "parsable-cite": "usc/15/45" } ] }, { "text": "(b) Funeral goods and funeral services \nThe price of funeral goods and funeral services referred to in subsection (a)(1)(A) means the retail price, expressed as a flat fee or a price per hour, mile, or other unit, of all funeral goods and services offered by a funeral provider, including the following: (1) Embalming. (2) Transportation of remains. (3) The use of facilities. (4) Staff attendance at meetings, gatherings, or services. (5) Equipment usage or rental. (6) Casket and alternative containers. (7) Outer burial container. (8) Immediate burials. (9) Direct cremations. (10) Crematory services. (11) Viewing, without embalming. (12) Insurance or benefit processing fee. (13) Internment rights. (14) Opening and closing charges. (15) Monuments, markers, or memorials.", "id": "H0805D3BEBECF48238C145EABF4A07409", "header": "Funeral goods and funeral services", "nested": [], "links": [] }, { "text": "(c) Disclosures \nThe disclosures referred to in subsection (a)(1)(B) are the following disclosures: (1) The name, address, and telephone number of the funeral provider’s place of business. (2) The effective date of any prices provided. (3) The following statement: For information on the purchase of funerals and consumer rights or to file a complaint, you may contact ______. , with the blank space being filled with the name, address, phone number, and other relevant information for contacting the State agency or agencies responsible for handling consumer inquiries and complaints pertaining to death care service providers. (4) Contact information, including a toll-free number, for an agency that provides information related to veteran’s benefits. (5) In immediate conjunction with the price of embalming, the following statements: (A) Except in certain special cases, embalming is not required by law. Embalming may be necessary, however, if you select certain funeral arrangements, such as a funeral with viewing. If you do not want embalming, you usually have the right to choose an arrangement that does not require you to pay for it, such as direct cremation, immediate burial, or other timely disposition.. The phrase except in certain special cases shall not be included in the disclosure if State or local law in the area where the provider does business does not require embalming under any circumstances. (B) If you selected a funeral that may require embalming, such as a funeral with viewing, you may have to pay for embalming. You do not have to pay for embalming you did not approve if you selected arrangements such as a direct cremation or immediate burial. If we charged for embalming, we will explain why below.. (6) In immediate conjunction with the price of direct cremations, the following disclosure: If you want to arrange a direct cremation, you can use an alternative container. Alternative containers encase the body and can be made of materials like fiberboard or composition materials (with or without an outside covering). The containers we provide are ______. , with the blank space being filled with a description of the container and its construction. (7) In immediate conjunction with the price of any outer burial container, the following disclosure: In most areas of the country, State or local law does not require that you buy a container to surround the casket in the grave. However, many cemeteries require that you have such a container so that the grave will not sink or settle. Either a grave liner or a burial vault will satisfy these requirements.. The phrase in most areas of the country shall not be included in this disclosure if State or local law in the area where the provider does business does not require a container to surround the casket in the grave. (8) In immediate conjunction with the price of any casket or sealer casket, the following disclosure: There is no scientific or other evidence that any casket with a sealing device will preserve human remains.", "id": "H88A7389F46C246A9BD6C088DCB670882", "header": "Disclosures", "nested": [], "links": [] }, { "text": "(d) Timely manner \nFor the purposes of subsection (a), information is provided in a timely manner if it is provided to the purchaser of funeral goods or funeral services at the first opportunity, which may not be later than the first selling, showing, or making any representation about any funeral goods or funeral services.", "id": "H8C34DDD14EBC4BC690BCF110879945F", "header": "Timely manner", "nested": [], "links": [] }, { "text": "(e) Specific application \nThe requirements of subsection (a) apply to every communication between a funeral provider and a purchaser of funeral goods or funeral services, except an in-person request made by a funeral provider for authorization to embalm at the time a deceased human body is removed for transportation.", "id": "H7ABC7312CFB14D0383D60830F1CF3600", "header": "Specific application", "nested": [], "links": [] } ], "links": [ { "text": "15 U.S.C. 45(a)", "legal-doc": "usc", "parsable-cite": "usc/15/45" } ] }, { "text": "4. Statement of funeral goods and services selected \n(a) In general \nIt shall be a deceptive trade practice under section 5(a) of the Federal Trade Commission Act ( 15 U.S.C. 45(a) ) for a funeral provider to fail to give an itemized written statement for retention to a purchaser of funeral goods or funeral services at the conclusion of the discussion related to such goods and services and prior to providing any services beyond taking possession of a deceased human body for authorized embalming. The statement shall include the following information: (1) The funeral goods and funeral services selected by the purchaser and the prices to be paid for each good or service. (2) A specific itemization of cash advance items to the extent then known or reasonably ascertainable. If the prices are not known or reasonably ascertainable, a good faith estimate shall be given and a written statement that the actual charges shall be provided before the final bill is paid. (3) The total cost of the goods and services selected. (4) If a sealer casket is selected by the purchaser, the following disclosure: This product is not designed or intended to preserve human remains, and may under certain circumstances accelerate the decomposition of the body. (b) Placement of information \nThe information required by subsection (a) shall be included on any contract, statement, or other document which the funeral provider would otherwise provide at the conclusion of a discussion related to funeral goods or funeral services.", "id": "HD80822927B73454C95283419A3080082", "header": "Statement of funeral goods and services selected", "nested": [ { "text": "(a) In general \nIt shall be a deceptive trade practice under section 5(a) of the Federal Trade Commission Act ( 15 U.S.C. 45(a) ) for a funeral provider to fail to give an itemized written statement for retention to a purchaser of funeral goods or funeral services at the conclusion of the discussion related to such goods and services and prior to providing any services beyond taking possession of a deceased human body for authorized embalming. The statement shall include the following information: (1) The funeral goods and funeral services selected by the purchaser and the prices to be paid for each good or service. (2) A specific itemization of cash advance items to the extent then known or reasonably ascertainable. If the prices are not known or reasonably ascertainable, a good faith estimate shall be given and a written statement that the actual charges shall be provided before the final bill is paid. (3) The total cost of the goods and services selected. (4) If a sealer casket is selected by the purchaser, the following disclosure: This product is not designed or intended to preserve human remains, and may under certain circumstances accelerate the decomposition of the body.", "id": "HFC9EE3C7BB514AEA9E23D1C74C4FA0EF", "header": "In general", "nested": [], "links": [ { "text": "15 U.S.C. 45(a)", "legal-doc": "usc", "parsable-cite": "usc/15/45" } ] }, { "text": "(b) Placement of information \nThe information required by subsection (a) shall be included on any contract, statement, or other document which the funeral provider would otherwise provide at the conclusion of a discussion related to funeral goods or funeral services.", "id": "H0BBC4DC7B5DE4B5CAEDED2AA3E8D7ED4", "header": "Placement of information", "nested": [], "links": [] } ], "links": [ { "text": "15 U.S.C. 45(a)", "legal-doc": "usc", "parsable-cite": "usc/15/45" } ] }, { "text": "5. Misrepresentations \nIt shall be a deceptive trade practice under section 5(a) of the Federal Trade Commission Act ( 15 U.S.C. 45(a) ) for a funeral provider to— (1) inaccurately represent that Federal, State, or local law or industry custom requires the purchase of any funeral goods or funeral services, including to inaccurately represent that— (A) State or local law requires that a deceased person be embalmed; (B) State or local law requires a casket for direct cremation; or (C) a particular cemetery requires outer burial containers; (2) fail to identify and briefly describe in writing on the statement of funeral goods and funeral services selected any legal requirement which the funeral provider represents to a person as compelling the purchase of funeral goods or funeral services for the funeral which that person is arranging; (3) fail to disclose that embalming is not required for— (A) direct cremation; (B) immediate burial; or (C) a closed casket funeral without viewing or visitation when refrigeration is available and when State or local law does not require embalming; or (4) inaccurately represent the ability of funeral goods or funeral services to delay the natural decomposition of human remains for a long-term or indefinite time.", "id": "HD7A785B666464A17B9B2425E7126F6E6", "header": "Misrepresentations", "nested": [], "links": [ { "text": "15 U.S.C. 45(a)", "legal-doc": "usc", "parsable-cite": "usc/15/45" } ] }, { "text": "6. Required purchase of funeral goods or funeral services \n(a) Other required purchases of funeral goods or funeral services \nIt shall be a deceptive trade practice under section 5(a) of the Federal Trade Commission Act ( 15 U.S.C. 45(a) ) for a funeral provider to— (1) condition the furnishing of any funeral good or funeral service to a person arranging a funeral on the purchase of any other funeral good or funeral service, except as required by law or as otherwise permitted by this Act; (2) charge any fee as a condition to furnishing any funeral goods or funeral services to a person arranging a funeral, other than— (A) the fees for specific funeral services and funeral goods selected by the purchaser; (B) the fees for other funeral goods or funeral services required to be purchased, as explained on the itemized statement in accordance with section 4(a); or (C) an arrangement services fee that— (i) is disclosed as being either an hourly rate fee described in clause (i) of section 2(2)(B) or a flat fee described in clause (ii) of such section; and (ii) is elected by the purchaser; (3) fail to place— (A) immediately above the prices disclosed as described in section 3(a), the following disclosure: The goods and services shown below are those we can provide to our customers. You may choose the items you desire. If legal or other requirements mean you must buy any item that you do not specifically request, we will explain the reason in writing on the statement we provide describing the funeral goods and services you selected. ; or (B) in the statement of funeral goods and services selected, as described in section 4(a)(1), the following disclosure: Charges are only for those items that you selected or that are required. If we are required by law or by a cemetery or crematory to use any items, we will explain the reasons in writing below.. (b) Exception \nA funeral provider shall not be treated as violating this section, if the funeral provider fails to comply with a request for a combination of goods or services which would be impossible, impractical, or excessively burdensome to provide.", "id": "HE9DA81582D844CA700C4A0009396DD03", "header": "Required purchase of funeral goods or funeral services", "nested": [ { "text": "(a) Other required purchases of funeral goods or funeral services \nIt shall be a deceptive trade practice under section 5(a) of the Federal Trade Commission Act ( 15 U.S.C. 45(a) ) for a funeral provider to— (1) condition the furnishing of any funeral good or funeral service to a person arranging a funeral on the purchase of any other funeral good or funeral service, except as required by law or as otherwise permitted by this Act; (2) charge any fee as a condition to furnishing any funeral goods or funeral services to a person arranging a funeral, other than— (A) the fees for specific funeral services and funeral goods selected by the purchaser; (B) the fees for other funeral goods or funeral services required to be purchased, as explained on the itemized statement in accordance with section 4(a); or (C) an arrangement services fee that— (i) is disclosed as being either an hourly rate fee described in clause (i) of section 2(2)(B) or a flat fee described in clause (ii) of such section; and (ii) is elected by the purchaser; (3) fail to place— (A) immediately above the prices disclosed as described in section 3(a), the following disclosure: The goods and services shown below are those we can provide to our customers. You may choose the items you desire. If legal or other requirements mean you must buy any item that you do not specifically request, we will explain the reason in writing on the statement we provide describing the funeral goods and services you selected. ; or (B) in the statement of funeral goods and services selected, as described in section 4(a)(1), the following disclosure: Charges are only for those items that you selected or that are required. If we are required by law or by a cemetery or crematory to use any items, we will explain the reasons in writing below..", "id": "H815132EBAA534BFBB1043DE3FE672EEF", "header": "Other required purchases of funeral goods or funeral services", "nested": [], "links": [ { "text": "15 U.S.C. 45(a)", "legal-doc": "usc", "parsable-cite": "usc/15/45" } ] }, { "text": "(b) Exception \nA funeral provider shall not be treated as violating this section, if the funeral provider fails to comply with a request for a combination of goods or services which would be impossible, impractical, or excessively burdensome to provide.", "id": "HE30E31EC09434205BF0044A854B40857", "header": "Exception", "nested": [], "links": [] } ], "links": [ { "text": "15 U.S.C. 45(a)", "legal-doc": "usc", "parsable-cite": "usc/15/45" } ] }, { "text": "7. Services provided without prior approval \n(a) Deceptive practices \nIt shall be a deceptive trade practice under section 5(a) of the Federal Trade Commission Act ( 15 U.S.C. 45(a) ) for a funeral provider to embalm a deceased human body unless— (1) State or local law or regulation requires embalming in the particular circumstances regardless of any funeral choice which the family might make; (2) prior approval for embalming has been expressly obtained from a family member or other authorized person; (3) the funeral provider is unable to contact the family member or other authorized person after exercising due diligence and reasonably believes the family wants embalming performed; or (4) refrigeration is necessary and is not available in the community where the provider does business. (b) Disclosure required \nIn seeking the approval required by subsection (a)(2), the funeral provider shall disclose that a fee will be charged if the family or other authorized person selects a funeral which requires embalming, such as a funeral with a public or private viewing, and that no fee will be charged if the family or other authorized person selects a service which does not require embalming, such as direct cremation or immediate burial.", "id": "HDA0B7C0CB55843B6A65B5607E911B0A4", "header": "Services provided without prior approval", "nested": [ { "text": "(a) Deceptive practices \nIt shall be a deceptive trade practice under section 5(a) of the Federal Trade Commission Act ( 15 U.S.C. 45(a) ) for a funeral provider to embalm a deceased human body unless— (1) State or local law or regulation requires embalming in the particular circumstances regardless of any funeral choice which the family might make; (2) prior approval for embalming has been expressly obtained from a family member or other authorized person; (3) the funeral provider is unable to contact the family member or other authorized person after exercising due diligence and reasonably believes the family wants embalming performed; or (4) refrigeration is necessary and is not available in the community where the provider does business.", "id": "H19A4A80438E9444B9C4E793514BEEC4", "header": "Deceptive practices", "nested": [], "links": [ { "text": "15 U.S.C. 45(a)", "legal-doc": "usc", "parsable-cite": "usc/15/45" } ] }, { "text": "(b) Disclosure required \nIn seeking the approval required by subsection (a)(2), the funeral provider shall disclose that a fee will be charged if the family or other authorized person selects a funeral which requires embalming, such as a funeral with a public or private viewing, and that no fee will be charged if the family or other authorized person selects a service which does not require embalming, such as direct cremation or immediate burial.", "id": "HE3704D4524DF46C3B4C0B51411A3100", "header": "Disclosure required", "nested": [], "links": [] } ], "links": [ { "text": "15 U.S.C. 45(a)", "legal-doc": "usc", "parsable-cite": "usc/15/45" } ] }, { "text": "8. Retention of documents \nA funeral provider shall retain and make available for inspection by the Commission true and accurate copies of— (1) the price lists required by section 3(a) for at least 1 year after the date of the last distribution of such lists to customers; and (2) each statement of funeral goods and services selected, as required by section 4, for at least 1 year from the date of arranging a funeral or memorial services.", "id": "HD248B2C3923E4AC3B1C7BE556DB0639F", "header": "Retention of documents", "nested": [], "links": [] }, { "text": "9. Comprehension of disclosures \nA funeral provider shall make the disclosures required by this Act in a clear and conspicuous manner using type that is not smaller than 12 points in size. A funeral provider shall not include in any price list, a statement or information that alters or contradicts the information required by this Act to be included in those lists.", "id": "H52906AAF4DD04787B1A8B58598DB8C2", "header": "Comprehension of disclosures", "nested": [], "links": [] }, { "text": "10. Prohibited sales practices \n(a) In general \nEach of the following sales practices shall be a deceptive trade practice under section 5(a) of the Federal Trade Commission Act ( 15 U.S.C. 45(a) ): (1) Unsolicited telephone offers to sell funeral goods, funeral services, crematory services, interment rights, or other cemetery and memorialization goods and services. (2) Door-to-door direct offers to sell funeral goods, funeral services, crematory services, interment rights, or other cemetery and memorialization goods and services. (b) Identification of affiliation \nA person who is an operator, funeral provider, funeral director, embalmer, or memorial dealer shall— (1) state the person’s affiliation with any publicly traded company in all contracts and on all business letterhead, advertising, and marketing materials; and (2) state the person’s licensed business location in all directories, advertising, and marketing materials in which offsite telephone numbers are used.", "id": "HEC021BE067F54B7796252694A1E35700", "header": "Prohibited sales practices", "nested": [ { "text": "(a) In general \nEach of the following sales practices shall be a deceptive trade practice under section 5(a) of the Federal Trade Commission Act ( 15 U.S.C. 45(a) ): (1) Unsolicited telephone offers to sell funeral goods, funeral services, crematory services, interment rights, or other cemetery and memorialization goods and services. (2) Door-to-door direct offers to sell funeral goods, funeral services, crematory services, interment rights, or other cemetery and memorialization goods and services.", "id": "H73B4D6F34BA242DDA63277802F226BAD", "header": "In general", "nested": [], "links": [ { "text": "15 U.S.C. 45(a)", "legal-doc": "usc", "parsable-cite": "usc/15/45" } ] }, { "text": "(b) Identification of affiliation \nA person who is an operator, funeral provider, funeral director, embalmer, or memorial dealer shall— (1) state the person’s affiliation with any publicly traded company in all contracts and on all business letterhead, advertising, and marketing materials; and (2) state the person’s licensed business location in all directories, advertising, and marketing materials in which offsite telephone numbers are used.", "id": "HBEB66BDEC77A4B48B9FA6282327D7CD0", "header": "Identification of affiliation", "nested": [], "links": [] } ], "links": [ { "text": "15 U.S.C. 45(a)", "legal-doc": "usc", "parsable-cite": "usc/15/45" } ] }, { "text": "11. Cash advance provisions \nIt shall be a deceptive trade practice under section 5(a) of the Federal Trade Commission Act ( 15 U.S.C. 45(a) ) for a funeral provider to— (1) represent that the price charged for a cash advance item is the same as the cost to the funeral provider for the item when such is not the case; (2) fail to disclose to a person arranging a funeral that the price being charged for a cash advance item is not the same as the cost to the funeral provider for the item when such is the case; or (3) fail to place in the itemized statement of funeral goods and funeral services selected, in immediate conjunction with the list of itemized cash advance items required by section 4(a)(2), the following statements: (A) We charge for our services in obtaining ____. , with the blank space being filled with a list of cash advance items, if the funeral provider marks up the price for or receives and retains a rebate, commission, or trade or volume discount on a cash advance item. (B) You have the right to arrange for the purchase of these items on your own behalf..", "id": "H7FFA5674540D46D48C58DEF226391F05", "header": "Cash advance provisions", "nested": [], "links": [ { "text": "15 U.S.C. 45(a)", "legal-doc": "usc", "parsable-cite": "usc/15/45" } ] }, { "text": "12. Consumer protections in preneed and prepaid funeral service transactions \nIt shall be a deceptive trade practice under section 5(a) of the Federal Trade Commission Act ( 15 U.S.C. 45(a) ) for a funeral provider to fail to comply with the following prepaid contract requirements: (1) Prepaid contracts shall conform to all applicable Federal and State statutes and regulations. (2) Prepaid contracts shall be written in plain English, and clearly state the merchandise and services that purchasers are buying and their prices. Use of legal or industry-specific jargon shall be avoided to the extent possible. (3) Charges for funeral goods or funeral services shall be itemized. The itemization shall be in greater detail than a recitation of prices and shall include a complete description of the services to be rendered and an unambiguous description of the merchandise to be delivered. (4) When prices of merchandise or services to be delivered in the future are not guaranteed, or an additional payment may be required in the future, a statement to that effect shall be included in the prepared contract and initialed by the purchaser. (5) The contract must clearly state what happens if merchandise is not available at delivery time and substitution is necessary. The description of the merchandise shall be sufficiently complete for the person authorized to make funeral arrangements to make a decision, based on objective criteria, about the comparability of a needed substitution. (6) No substitution shall be made without the consent of the purchaser, or upon the purchaser’s death, the person authorized to make funeral arrangements. A prepaid contract must contain a provision, which is initialed by the purchaser, either prohibiting any changes, or, alternatively, specifying what instructions may be modified and by whom. (7) There shall be an explanation of how the purchaser’s funds will be protected to assure the seller’s performance in compliance with the prevailing prepaid contract law. The name of the institution where funds will be deposited in escrow must be disclosed. The buyer must receive an annual report from the escrow agent. An administrative fee, not to exceed 1 percent of the contract, may be withdrawn annually by the escrow agent. (8) The prepaid contract shall provide for cancellation and refund or transfer of the contract with no loss of benefits paid by the purchaser along with accrued interest. (9) A prepaid contract may be made irrevocable only when the beneficiary will be applying for medicaid or other social benefits within the next 6 months. The irrevocability of the prepaid contract shall not affect the right of the purchaser to change the provider. (10) Copies of the prepaid contract and supplemental material, such as information on credit life insurance and transfer or exchange plans, shall be provided to the purchaser at the time of the preneed sale. (11) Copies of the prepaid contract and at-need documentation shall be provided to the person authorized to make the final funeral arrangements at the time of death to ensure that the merchandise and services match those specified in the prepaid contract. A list of items substituted shall be in writing and included in the at-need documentation. (12) Copies of all prepaid contracts and at-need documentation shall be retained by the seller for a period of 1 year after performance of the contract.", "id": "H8478F2F870C040A09D6EC4F2DEB392EC", "header": "Consumer protections in preneed and prepaid funeral service transactions", "nested": [], "links": [ { "text": "15 U.S.C. 45(a)", "legal-doc": "usc", "parsable-cite": "usc/15/45" } ] }, { "text": "13. Consumer disclosures in prepaid contracts \nNot later than 1 year after the date of enactment of this Act, the Commission shall establish minimum standards and requirements with respect to State mandated consumer disclosures in prepaid contracts for the purchase of funeral, cemetery, or crematory goods or services, including— (1) basic information identifying the seller, the purchaser, the entity that will provide the goods and services (if different from the seller), the prices of the goods and services being purchased on an itemized basis, and the total price of the purchase; (2) funding information disclosing where, how, and with whom the prepaid funds will be deposited and invested, and what portion of the prepaid funds, if any, will be paid to the seller prior to the performance of the contract; (3) price and payment disclosures regarding to what extent the prices of the goods and services are guaranteed or not guaranteed, who is responsible for any payment shortfalls, and who is entitled to receive excess funds; and (4) cancellation and transfer information disclosing whether the consumer may cancel or transfer the prepaid contract, the method for exercising such rights, the amount of revocation or transfer fees, if any, retained by the seller, and safeguards for the consumer if the seller is unable to provide the goods and services in the contract.", "id": "HD46D9137D91A437481FADD486826FD1B", "header": "Consumer disclosures in prepaid contracts", "nested": [], "links": [] }, { "text": "14. Private right of action \nIn addition to the remedies identified in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ), a person who is injured by a violation of this Act may commence a civil action against the funeral provider. Such person shall be entitled to recover the greater of actual damages or $5,000 for each violation proved by a preponderance of the evidence.", "id": "H6F406BDD9E8D4011A35EFA3F166B9764", "header": "Private right of action", "nested": [], "links": [ { "text": "15 U.S.C. 41 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/41" } ] }, { "text": "15. Enforcement by the Commission \nThe Commission shall enforce the provisions of this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this Act.", "id": "H98778A67FE694401B028D3C511F4E8ED", "header": "Enforcement by the Commission", "nested": [], "links": [ { "text": "15 U.S.C. 41 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/41" } ] }, { "text": "16. Administration and rulemaking \n(a) Administration \nThe provisions of this Act shall be administered by the Commission. (b) Rulemaking \nNotwithstanding any other provision of law, the Commission may prescribe rules in accordance with section 553 of title 5, United States Code (commonly known as the Administrative Procedure Act ) to carry out the provisions of this Act.", "id": "H4170E12621FF4FFDB8355528AEEFEBC", "header": "Administration and rulemaking", "nested": [ { "text": "(a) Administration \nThe provisions of this Act shall be administered by the Commission.", "id": "H0C87C7449252436FB0459F0067CC3BBF", "header": "Administration", "nested": [], "links": [] }, { "text": "(b) Rulemaking \nNotwithstanding any other provision of law, the Commission may prescribe rules in accordance with section 553 of title 5, United States Code (commonly known as the Administrative Procedure Act ) to carry out the provisions of this Act.", "id": "HE27C2FEE85004C5F894283BAF4400657", "header": "Rulemaking", "nested": [], "links": [ { "text": "section 553", "legal-doc": "usc", "parsable-cite": "usc/5/553" } ] } ], "links": [ { "text": "section 553", "legal-doc": "usc", "parsable-cite": "usc/5/553" } ] }, { "text": "17. State exemptions \nA provision of this Act, or a regulation issued by the Commission pursuant to this Act, shall not be in effect in a State if— (1) the appropriate State agency requests such provision or regulation not be in effect in the State; (2) there is a State requirement in effect that applies to a transaction to which the provision or regulation applies; (3) the State requirement affords an overall level of protection to consumers that is equal to, or exceeds, the level of protection afforded by the provision or regulation; and (4) the Commission determines that the State is administering and enforcing the State requirement in a manner that affords a level of protection to consumers that is equal to or exceeds the level of protection afforded by the Commission’s enforcement of such provisions or regulations.", "id": "HCB64BB250E47421DB99946874D56459C", "header": "State exemptions", "nested": [], "links": [] }, { "text": "18. Declaration of intent \nThis Act does not apply to the business, or acts in the conduct of the business, of insurance.", "id": "H82314A563620424C926D7FEA23B31EF5", "header": "Declaration of intent", "nested": [], "links": [] }, { "text": "19. Authorization of Appropriations \nThere are authorized to be appropriated to the Federal Trade Commission $5,000,000 for each of fiscal years 2005 through 2010 to carry out this Act.", "id": "HCEA5510044B1465098C82511DD53F020", "header": "Authorization of Appropriations", "nested": [], "links": [] } ]

[ "Energy and Commerce Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HCA1E886AF2FF4F798D4FC08DEDE29F00", "header": "Short title", "nested": [], "links": [] }, { "text": "101. Awareness campaign and education and outreach efforts \nTitle XXI of the Public Health Service Act ( 42 U.S.C. 300aa–1 et seq. ) is amended by adding at the end the following: 3 Influenza vaccine \n2141. Awareness campaign and education and outreach efforts \n(a) Campaign \nThe Secretary, acting through the Director of the Centers for Disease Control and Prevention (in this subtitle referred to as the Director ), shall conduct a public awareness campaign and education and outreach efforts each year during the time period preceding the influenza season on each of the following: (1) The importance of receiving the influenza vaccine. (2) Which populations the Director recommends to receive the influenza vaccine to prevent health complications associated with influenza, including health care workers and household contacts. (3) Professional medical education of physicians, nurses, pharmacists, and other health care providers and such providers’ associated organizations. (4) Information that emphasizes the safety, efficacy, and benefit of recommended vaccines for the public good. (b) Outreach to Medicare recipients \n(1) In general \nThe Administrator of the Centers for Medicare & Medicaid Services shall, at the earliest possible time in the influenza vaccine planning and production process, reach out to providers of medicare services, including managed care providers, nursing homes, hospitals, and physician offices to urge early and full preordering of the influenza vaccine so that production levels can accommodate the needs for the influenza vaccine. (2) Rates of immunization among Medicare recipients \nThe Director shall work with the Administrator of the Centers for Medicare & Medicaid Services to publish the rates of influenza immunization among individuals receiving assistance under the medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ). (c) State and public health adult immunization activities \nThe Director shall support the development of State adult immunization programs that place emphasis on improving influenza vaccine delivery to high-risk populations and the general population, including the exploration of improving access to the influenza vaccine. (d) Efficacy of vaccine \nThe Director shall work with appropriate agencies in conducting a study to assess the efficacy of the influenza vaccine. (e) Existing modes of communication \nIn carrying out the public awareness campaign and education and outreach efforts under subsections (a) and (b), the Director may use existing websites or structures for communication. (f) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2004 through 2008..", "id": "H7F17EB9894894137AC997E4051557902", "header": "Awareness campaign and education and outreach efforts", "nested": [], "links": [ { "text": "42 U.S.C. 300aa–1 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/300aa-1" }, { "text": "42 U.S.C. 1395 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1395" } ] }, { "text": "2141. Awareness campaign and education and outreach efforts \n(a) Campaign \nThe Secretary, acting through the Director of the Centers for Disease Control and Prevention (in this subtitle referred to as the Director ), shall conduct a public awareness campaign and education and outreach efforts each year during the time period preceding the influenza season on each of the following: (1) The importance of receiving the influenza vaccine. (2) Which populations the Director recommends to receive the influenza vaccine to prevent health complications associated with influenza, including health care workers and household contacts. (3) Professional medical education of physicians, nurses, pharmacists, and other health care providers and such providers’ associated organizations. (4) Information that emphasizes the safety, efficacy, and benefit of recommended vaccines for the public good. (b) Outreach to Medicare recipients \n(1) In general \nThe Administrator of the Centers for Medicare & Medicaid Services shall, at the earliest possible time in the influenza vaccine planning and production process, reach out to providers of medicare services, including managed care providers, nursing homes, hospitals, and physician offices to urge early and full preordering of the influenza vaccine so that production levels can accommodate the needs for the influenza vaccine. (2) Rates of immunization among Medicare recipients \nThe Director shall work with the Administrator of the Centers for Medicare & Medicaid Services to publish the rates of influenza immunization among individuals receiving assistance under the medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ). (c) State and public health adult immunization activities \nThe Director shall support the development of State adult immunization programs that place emphasis on improving influenza vaccine delivery to high-risk populations and the general population, including the exploration of improving access to the influenza vaccine. (d) Efficacy of vaccine \nThe Director shall work with appropriate agencies in conducting a study to assess the efficacy of the influenza vaccine. (e) Existing modes of communication \nIn carrying out the public awareness campaign and education and outreach efforts under subsections (a) and (b), the Director may use existing websites or structures for communication. (f) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2004 through 2008.", "id": "HFE1C8794428743379C8BBF677864DCD2", "header": "Awareness campaign and education and outreach efforts", "nested": [ { "text": "(a) Campaign \nThe Secretary, acting through the Director of the Centers for Disease Control and Prevention (in this subtitle referred to as the Director ), shall conduct a public awareness campaign and education and outreach efforts each year during the time period preceding the influenza season on each of the following: (1) The importance of receiving the influenza vaccine. (2) Which populations the Director recommends to receive the influenza vaccine to prevent health complications associated with influenza, including health care workers and household contacts. (3) Professional medical education of physicians, nurses, pharmacists, and other health care providers and such providers’ associated organizations. (4) Information that emphasizes the safety, efficacy, and benefit of recommended vaccines for the public good.", "id": "H91B846E93D6046A5B6F09D9588B9E295", "header": "Campaign", "nested": [], "links": [] }, { "text": "(b) Outreach to Medicare recipients \n(1) In general \nThe Administrator of the Centers for Medicare & Medicaid Services shall, at the earliest possible time in the influenza vaccine planning and production process, reach out to providers of medicare services, including managed care providers, nursing homes, hospitals, and physician offices to urge early and full preordering of the influenza vaccine so that production levels can accommodate the needs for the influenza vaccine. (2) Rates of immunization among Medicare recipients \nThe Director shall work with the Administrator of the Centers for Medicare & Medicaid Services to publish the rates of influenza immunization among individuals receiving assistance under the medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ).", "id": "H28269E19BEB843F2A46C5DE5533FC13C", "header": "Outreach to Medicare recipients", "nested": [], "links": [ { "text": "42 U.S.C. 1395 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1395" } ] }, { "text": "(c) State and public health adult immunization activities \nThe Director shall support the development of State adult immunization programs that place emphasis on improving influenza vaccine delivery to high-risk populations and the general population, including the exploration of improving access to the influenza vaccine.", "id": "H7054AADABCB2469FA1F4B3C112DA1F00", "header": "State and public health adult immunization activities", "nested": [], "links": [] }, { "text": "(d) Efficacy of vaccine \nThe Director shall work with appropriate agencies in conducting a study to assess the efficacy of the influenza vaccine.", "id": "HF15AC5B50F3149EABB06E6848265F952", "header": "Efficacy of vaccine", "nested": [], "links": [] }, { "text": "(e) Existing modes of communication \nIn carrying out the public awareness campaign and education and outreach efforts under subsections (a) and (b), the Director may use existing websites or structures for communication.", "id": "H9AC64E7566C54DA085D9E2A77321CC21", "header": "Existing modes of communication", "nested": [], "links": [] }, { "text": "(f) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2004 through 2008.", "id": "HB0E7F3132B99433AB8FE44BDFEAD2592", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1395 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1395" } ] }, { "text": "201. Incentives for the construction of vaccine manufacturing facilities \n(a) Vaccine manufacturing facilities investment tax credit \n(1) Allowance of credit \nSection 46 of the Internal Revenue Code of 1986 (relating to amount of investment credit) is amended by striking and at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting , and , and by adding at the end the following new paragraph: (4) the vaccine manufacturing facilities investment credit.. (2) Amount of credit \nSection 48 of such Code is amended by adding at the end the following new subsection: (c) Vaccine manufacturing facilities investment credit \n(1) In general \nFor purposes of section 46, the vaccine manufacturing facilities investment credit for any taxable year is an amount equal to 20 percent of the qualified investment for such taxable year. (2) Qualified investment \nFor purposes of paragraph (1), the qualified investment for any taxable year is the basis of each vaccine manufacturing facilities property placed in service by the taxpayer during such taxable year. (3) Vaccine manufacturing facilities property \nFor purposes of this subsection, the term vaccine manufacturing facilities property means real and tangible personal property— (A) (i) the original use of which commences with the taxpayer, or (ii) which is acquired through purchase (as defined by section 179(d)(2)), (B) which is depreciable under section 167, (C) which is used for the manufacture, distribution, or research and development of vaccines, and (D) which is in compliance with any standards and regulations which are promulgated by the Food and Drug Administration, the Occupational Safety and Health Administration, or the Environmental Protection Agency and which are applicable to such property. (4) Certain progress expenditure rules made applicable \nRules similar to rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this subsection. (5) Termination \nThis subsection shall not apply to any property placed in service after December 31, 2008.. (b) Technical amendments \n(1) Subparagraph (C) of section 49(a)(1) of such Code is amended by striking and at the end of clause (ii), by striking the period at the end of clause (iii) and inserting , and , and by adding at the end the following new clause: (iv) the basis of any vaccine manufacturing facilities property.. (2) Subparagraph (E) of section 50(a)(2) of such Code is amended by inserting or 48(c)(4) before the period. (3) (A) The section heading for section 48 of such Code is amended to read as follows: 48. Other credits \n. (B) The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 48 and inserting the following: Sec. 48. Other credits. (c) Effective date \nThe amendments made by this section shall apply to property placed in service after December 31, 2003, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990).", "id": "HFFE931695BF14DF19C1C0233D2469FC5", "header": "Incentives for the construction of vaccine manufacturing facilities", "nested": [ { "text": "(a) Vaccine manufacturing facilities investment tax credit \n(1) Allowance of credit \nSection 46 of the Internal Revenue Code of 1986 (relating to amount of investment credit) is amended by striking and at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting , and , and by adding at the end the following new paragraph: (4) the vaccine manufacturing facilities investment credit.. (2) Amount of credit \nSection 48 of such Code is amended by adding at the end the following new subsection: (c) Vaccine manufacturing facilities investment credit \n(1) In general \nFor purposes of section 46, the vaccine manufacturing facilities investment credit for any taxable year is an amount equal to 20 percent of the qualified investment for such taxable year. (2) Qualified investment \nFor purposes of paragraph (1), the qualified investment for any taxable year is the basis of each vaccine manufacturing facilities property placed in service by the taxpayer during such taxable year. (3) Vaccine manufacturing facilities property \nFor purposes of this subsection, the term vaccine manufacturing facilities property means real and tangible personal property— (A) (i) the original use of which commences with the taxpayer, or (ii) which is acquired through purchase (as defined by section 179(d)(2)), (B) which is depreciable under section 167, (C) which is used for the manufacture, distribution, or research and development of vaccines, and (D) which is in compliance with any standards and regulations which are promulgated by the Food and Drug Administration, the Occupational Safety and Health Administration, or the Environmental Protection Agency and which are applicable to such property. (4) Certain progress expenditure rules made applicable \nRules similar to rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this subsection. (5) Termination \nThis subsection shall not apply to any property placed in service after December 31, 2008..", "id": "H175B6863857646E6BDE18FE703DD98B6", "header": "Vaccine manufacturing facilities investment tax credit", "nested": [], "links": [ { "text": "Section 46", "legal-doc": "usc", "parsable-cite": "usc/26/46" } ] }, { "text": "(b) Technical amendments \n(1) Subparagraph (C) of section 49(a)(1) of such Code is amended by striking and at the end of clause (ii), by striking the period at the end of clause (iii) and inserting , and , and by adding at the end the following new clause: (iv) the basis of any vaccine manufacturing facilities property.. (2) Subparagraph (E) of section 50(a)(2) of such Code is amended by inserting or 48(c)(4) before the period. (3) (A) The section heading for section 48 of such Code is amended to read as follows: 48. Other credits \n. (B) The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 48 and inserting the following: Sec. 48. Other credits.", "id": "H46A2BC33D5DC45FAAC67C54D87B01CD4", "header": "Technical amendments", "nested": [], "links": [] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply to property placed in service after December 31, 2003, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990).", "id": "HCD3F47A2F029410BA754263536FDD787", "header": "Effective date", "nested": [], "links": [ { "text": "section 48(m)", "legal-doc": "usc", "parsable-cite": "usc/26/48" } ] } ], "links": [ { "text": "Section 46", "legal-doc": "usc", "parsable-cite": "usc/26/46" }, { "text": "section 48(m)", "legal-doc": "usc", "parsable-cite": "usc/26/48" } ] }, { "text": "48. Other credits", "id": "H8CBEA34F70F44961B6105E31E304C2B3", "header": "Other credits", "nested": [], "links": [] }, { "text": "301. Vaccine supply \nSubtitle 3 of title XXI of the Public Health Service Act , as added by section 101, is amended by adding at the end the following: 2142. Vaccine supply \n(a) Requests for more doses \n(1) In general \nNot later than March 15 of each year, the Director shall enter into a contract with one or more manufacturers to produce such additional doses of the influenza vaccine as determined necessary by the Director. (2) Content of contract \nA contract for additional doses shall provide that the manufacturer will be compensated by the Director at an equitable rate negotiated by the Director and the manufacturer for any doses that— (A) were not sold by the manufacturer through routine market mechanisms at the end of the influenza season for that year; and (B) were requested by the Director to be produced by such manufacturer. (3) When such vaccine purchases should take place \nThe Director may purchase from a manufacturer the doses for which it has contracted at any time after which it is determined by the Director, in consultation with the manufacturer, that the doses will likely not be absorbed by the private market. (b) Contingency plan \nThe Director shall encourage States to develop a contingency plan, in coordination with the Department of Health and Human Services, for maximizing influenza immunization for high-risk populations in the event of a delay or shortage of the influenza vaccine. (c) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section such sums as may be necessary..", "id": "HED7E071491C44EFCB57365BF553BA89D", "header": "Vaccine supply", "nested": [], "links": [] }, { "text": "2142. Vaccine supply \n(a) Requests for more doses \n(1) In general \nNot later than March 15 of each year, the Director shall enter into a contract with one or more manufacturers to produce such additional doses of the influenza vaccine as determined necessary by the Director. (2) Content of contract \nA contract for additional doses shall provide that the manufacturer will be compensated by the Director at an equitable rate negotiated by the Director and the manufacturer for any doses that— (A) were not sold by the manufacturer through routine market mechanisms at the end of the influenza season for that year; and (B) were requested by the Director to be produced by such manufacturer. (3) When such vaccine purchases should take place \nThe Director may purchase from a manufacturer the doses for which it has contracted at any time after which it is determined by the Director, in consultation with the manufacturer, that the doses will likely not be absorbed by the private market. (b) Contingency plan \nThe Director shall encourage States to develop a contingency plan, in coordination with the Department of Health and Human Services, for maximizing influenza immunization for high-risk populations in the event of a delay or shortage of the influenza vaccine. (c) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section such sums as may be necessary.", "id": "H0A3227D3E8AA435DA76535D1D232943D", "header": "Vaccine supply", "nested": [ { "text": "(a) Requests for more doses \n(1) In general \nNot later than March 15 of each year, the Director shall enter into a contract with one or more manufacturers to produce such additional doses of the influenza vaccine as determined necessary by the Director. (2) Content of contract \nA contract for additional doses shall provide that the manufacturer will be compensated by the Director at an equitable rate negotiated by the Director and the manufacturer for any doses that— (A) were not sold by the manufacturer through routine market mechanisms at the end of the influenza season for that year; and (B) were requested by the Director to be produced by such manufacturer. (3) When such vaccine purchases should take place \nThe Director may purchase from a manufacturer the doses for which it has contracted at any time after which it is determined by the Director, in consultation with the manufacturer, that the doses will likely not be absorbed by the private market.", "id": "H43C9AAF8E7FC4AFF8C37841107006034", "header": "Requests for more doses", "nested": [], "links": [] }, { "text": "(b) Contingency plan \nThe Director shall encourage States to develop a contingency plan, in coordination with the Department of Health and Human Services, for maximizing influenza immunization for high-risk populations in the event of a delay or shortage of the influenza vaccine.", "id": "HEF320E65098541F19B192487B6D32152", "header": "Contingency plan", "nested": [], "links": [] }, { "text": "(c) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section such sums as may be necessary.", "id": "HB51D057872D44ABCAB80D46D77F7D78F", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "401. Preparation for influenza pandemic or epidemic \nSubtitle 3 of title XXI of the Public Health Service Act , as added by section 101 and amended by section 301, is further amended by adding at the end the following: 2143. Preparation for influenza pandemic or epidemic \n(a) Establishment of a protocol \nThe Secretary, acting through the Director, shall establish a protocol to attempt to prevent, prepare for, and respond to an influenza pandemic or epidemic. Such protocol shall be updated as determined appropriate by the Director. (b) Contents of protocol \nThe protocol established under subsection (a) shall— (1) address methods to coordinate dissemination of the influenza vaccine to key populations in the event of an influenza pandemic or epidemic; (2) address expansion of influenza vaccine manufacturing capacity (including making advance arrangements for ensuring the availability of raw materials) to respond to the needs of the United States during an influenza pandemic or epidemic; (3) improve upon the current influenza vaccines and production and dissemination methods; (4) address alternative ways to manufacture or produce the influenza vaccine; (5) address how many doses of the influenza vaccine should be produced on an annual basis and which strains of influenza should be covered by such vaccine in a particular year; (6) address public awareness and education, and professional education on the need to receive an influenza vaccine; (7) address alternative methods to prevent the spread of, and complications associated with, influenza, including antiviral medications; (8) address a tracking method for publicly and privately sold doses of the influenza vaccine to enable the Director to determine, after consultation with manufacturers of the influenza vaccine, how much supply is in circulation in the case of an influenza pandemic or epidemic; and (9) address other issues determined by the Director to be appropriate. (c) Coordination; preparation; prevention \nIn establishing the protocol under subsection (a), the Director shall— (1) coordinate with health care providers, manufacturers, research institutions, health care organizations, and other expert stakeholders; (2) (A) conduct international and national surveillance; (B) build State surveillance capacity; (C) collect influenza vaccine safety and efficacy data; and (D) engage in epidemiological studies and research on novel influenza viruses; (3) assist States with preparedness activities for a rapid State and local response to an influenza pandemic, including exploring methods of making the influenza vaccine more accessible to the general population; and (4) develop systems to routinely measure the impact of influenza on pediatric and high-risk populations. (d) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2004 through 2008..", "id": "H0F96E1D449554DBAB93C11713D650057", "header": "Preparation for influenza pandemic or epidemic", "nested": [], "links": [] }, { "text": "2143. Preparation for influenza pandemic or epidemic \n(a) Establishment of a protocol \nThe Secretary, acting through the Director, shall establish a protocol to attempt to prevent, prepare for, and respond to an influenza pandemic or epidemic. Such protocol shall be updated as determined appropriate by the Director. (b) Contents of protocol \nThe protocol established under subsection (a) shall— (1) address methods to coordinate dissemination of the influenza vaccine to key populations in the event of an influenza pandemic or epidemic; (2) address expansion of influenza vaccine manufacturing capacity (including making advance arrangements for ensuring the availability of raw materials) to respond to the needs of the United States during an influenza pandemic or epidemic; (3) improve upon the current influenza vaccines and production and dissemination methods; (4) address alternative ways to manufacture or produce the influenza vaccine; (5) address how many doses of the influenza vaccine should be produced on an annual basis and which strains of influenza should be covered by such vaccine in a particular year; (6) address public awareness and education, and professional education on the need to receive an influenza vaccine; (7) address alternative methods to prevent the spread of, and complications associated with, influenza, including antiviral medications; (8) address a tracking method for publicly and privately sold doses of the influenza vaccine to enable the Director to determine, after consultation with manufacturers of the influenza vaccine, how much supply is in circulation in the case of an influenza pandemic or epidemic; and (9) address other issues determined by the Director to be appropriate. (c) Coordination; preparation; prevention \nIn establishing the protocol under subsection (a), the Director shall— (1) coordinate with health care providers, manufacturers, research institutions, health care organizations, and other expert stakeholders; (2) (A) conduct international and national surveillance; (B) build State surveillance capacity; (C) collect influenza vaccine safety and efficacy data; and (D) engage in epidemiological studies and research on novel influenza viruses; (3) assist States with preparedness activities for a rapid State and local response to an influenza pandemic, including exploring methods of making the influenza vaccine more accessible to the general population; and (4) develop systems to routinely measure the impact of influenza on pediatric and high-risk populations. (d) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2004 through 2008.", "id": "HEF80CFDF833D47869CA31189DB004318", "header": "Preparation for influenza pandemic or epidemic", "nested": [ { "text": "(a) Establishment of a protocol \nThe Secretary, acting through the Director, shall establish a protocol to attempt to prevent, prepare for, and respond to an influenza pandemic or epidemic. Such protocol shall be updated as determined appropriate by the Director.", "id": "HD27C70087C95403CBE9BC3E64100023", "header": "Establishment of a protocol", "nested": [], "links": [] }, { "text": "(b) Contents of protocol \nThe protocol established under subsection (a) shall— (1) address methods to coordinate dissemination of the influenza vaccine to key populations in the event of an influenza pandemic or epidemic; (2) address expansion of influenza vaccine manufacturing capacity (including making advance arrangements for ensuring the availability of raw materials) to respond to the needs of the United States during an influenza pandemic or epidemic; (3) improve upon the current influenza vaccines and production and dissemination methods; (4) address alternative ways to manufacture or produce the influenza vaccine; (5) address how many doses of the influenza vaccine should be produced on an annual basis and which strains of influenza should be covered by such vaccine in a particular year; (6) address public awareness and education, and professional education on the need to receive an influenza vaccine; (7) address alternative methods to prevent the spread of, and complications associated with, influenza, including antiviral medications; (8) address a tracking method for publicly and privately sold doses of the influenza vaccine to enable the Director to determine, after consultation with manufacturers of the influenza vaccine, how much supply is in circulation in the case of an influenza pandemic or epidemic; and (9) address other issues determined by the Director to be appropriate.", "id": "H801FE3E2331F45EBAB667B9485E500A1", "header": "Contents of protocol", "nested": [], "links": [] }, { "text": "(c) Coordination; preparation; prevention \nIn establishing the protocol under subsection (a), the Director shall— (1) coordinate with health care providers, manufacturers, research institutions, health care organizations, and other expert stakeholders; (2) (A) conduct international and national surveillance; (B) build State surveillance capacity; (C) collect influenza vaccine safety and efficacy data; and (D) engage in epidemiological studies and research on novel influenza viruses; (3) assist States with preparedness activities for a rapid State and local response to an influenza pandemic, including exploring methods of making the influenza vaccine more accessible to the general population; and (4) develop systems to routinely measure the impact of influenza on pediatric and high-risk populations.", "id": "H73934C9CCCA942F794415282B451E746", "header": "Coordination; preparation; prevention", "nested": [], "links": [] }, { "text": "(d) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2004 through 2008.", "id": "H3E16A51BA67C419A81E9E14973E722BA", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "501. Manufacturer withdrawal from the market \nTitle XXI of the Public Health Service Act ( 42 U.S.C. 300aa–1 et seq. ), as amended by this Act, is further amended by adding at the end the following: 4 Notice of intent to withdraw from the market \n2151. Manufacturer withdrawal from the market \nAny manufacturer of a vaccine that receives authority under Federal law to distribute such vaccine shall provide advance notification to the Department of Health and Human Services regarding such manufacturer’s intent to stop the distribution of such vaccine into the marketplace..", "id": "H5881C8A5FAA1456DB8F3C94179653FE0", "header": "Manufacturer withdrawal from the market", "nested": [], "links": [ { "text": "42 U.S.C. 300aa–1 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/300aa-1" } ] }, { "text": "2151. Manufacturer withdrawal from the market \nAny manufacturer of a vaccine that receives authority under Federal law to distribute such vaccine shall provide advance notification to the Department of Health and Human Services regarding such manufacturer’s intent to stop the distribution of such vaccine into the marketplace.", "id": "HD8A6A9BF6C7540EFB6AEFFA58557A592", "header": "Manufacturer withdrawal from the market", "nested": [], "links": [] } ]

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

[ { "text": "1. Collection of approved State commodity assessments on behalf of States from marketing assistance loan proceeds \n(a) Collection on behalf of states \nSubtitle B of title I of the Farm Security and Rural Investment Act of 2002 is amended by inserting after section 1209 ( 7 U.S.C. 7939 ) the following new section: 1210. Collection of approved State commodity assessments on behalf of States from marketing assistance loan proceeds \n(a) Collection on behalf of states \nAt the request of a State, the Secretary or the Commodity Credit Corporation shall enter into a memorandum of understanding with the State to collect, on behalf of the State, approved State commodity assessments from the proceeds of marketing assistance loans. (b) Effect of assessment rate changes \nThe Secretary and the Commodity Credit Corporation may not terminate a memorandum of understanding with a State for the collection of approved State commodity assessments (or refuse to extend or modify such a memorandum of understanding) on the grounds that the State has changed the assessment rate.. (b) Reinstatement of memorandums \nThe Secretary of Agriculture and the Commodity Credit Corporation shall reinstate, at the request of a State, any memorandum of understanding that was entered into between the Secretary or the Corporation and the State for the collection of approved State commodity assessments on behalf of the State, but was terminated before the date of the enactment of this Act.", "id": "H0C3238F5B9D94E5390D6D10000A44481", "header": "Collection of approved State commodity assessments on behalf of States from marketing assistance loan proceeds", "nested": [ { "text": "(a) Collection on behalf of states \nSubtitle B of title I of the Farm Security and Rural Investment Act of 2002 is amended by inserting after section 1209 ( 7 U.S.C. 7939 ) the following new section: 1210. Collection of approved State commodity assessments on behalf of States from marketing assistance loan proceeds \n(a) Collection on behalf of states \nAt the request of a State, the Secretary or the Commodity Credit Corporation shall enter into a memorandum of understanding with the State to collect, on behalf of the State, approved State commodity assessments from the proceeds of marketing assistance loans. (b) Effect of assessment rate changes \nThe Secretary and the Commodity Credit Corporation may not terminate a memorandum of understanding with a State for the collection of approved State commodity assessments (or refuse to extend or modify such a memorandum of understanding) on the grounds that the State has changed the assessment rate..", "id": "HE0C6770DB5F04EE792BCDBA5D3B3D2", "header": "Collection on behalf of states", "nested": [], "links": [ { "text": "7 U.S.C. 7939", "legal-doc": "usc", "parsable-cite": "usc/7/7939" } ] }, { "text": "(b) Reinstatement of memorandums \nThe Secretary of Agriculture and the Commodity Credit Corporation shall reinstate, at the request of a State, any memorandum of understanding that was entered into between the Secretary or the Corporation and the State for the collection of approved State commodity assessments on behalf of the State, but was terminated before the date of the enactment of this Act.", "id": "HA3F9BB3AC55342AB939F07D915B45FB3", "header": "Reinstatement of memorandums", "nested": [], "links": [] } ], "links": [ { "text": "7 U.S.C. 7939", "legal-doc": "usc", "parsable-cite": "usc/7/7939" } ] }, { "text": "1210. Collection of approved State commodity assessments on behalf of States from marketing assistance loan proceeds \n(a) Collection on behalf of states \nAt the request of a State, the Secretary or the Commodity Credit Corporation shall enter into a memorandum of understanding with the State to collect, on behalf of the State, approved State commodity assessments from the proceeds of marketing assistance loans. (b) Effect of assessment rate changes \nThe Secretary and the Commodity Credit Corporation may not terminate a memorandum of understanding with a State for the collection of approved State commodity assessments (or refuse to extend or modify such a memorandum of understanding) on the grounds that the State has changed the assessment rate.", "id": "H17C94D9CB6B54088863043C19F822BAE", "header": "Collection of approved State commodity assessments on behalf of States from marketing assistance loan proceeds", "nested": [ { "text": "(a) Collection on behalf of states \nAt the request of a State, the Secretary or the Commodity Credit Corporation shall enter into a memorandum of understanding with the State to collect, on behalf of the State, approved State commodity assessments from the proceeds of marketing assistance loans.", "id": "H1D42CBDF126C415F8FCE6606115B51A1", "header": "Collection on behalf of states", "nested": [], "links": [] }, { "text": "(b) Effect of assessment rate changes \nThe Secretary and the Commodity Credit Corporation may not terminate a memorandum of understanding with a State for the collection of approved State commodity assessments (or refuse to extend or modify such a memorandum of understanding) on the grounds that the State has changed the assessment rate.", "id": "HEFB0A57A50A84B878F41F0BDD447B200", "header": "Effect of assessment rate changes", "nested": [], "links": [] } ], "links": [] } ]

[ "Agriculture Committee" ]

[ { "text": "1. Short Title \nThis Act may be cited as the Military Stalking Prevention Act of 2005.", "id": "HFA84B37A5B9E4D269D11E389E05F447D", "header": "Short Title", "nested": [], "links": [] }, { "text": "2. Stalking \n(a) In General \nSubchapter X of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after section 917 (article 117) the following new section: 917a. 117a. Stalking \nAny person subject to this chapter who wrongfully and knowingly engages in a course of conduct, or a course of unwanted communication, that would cause emotional distress to a reasonable person or would place a reasonable person in fear of injury to the person, property, or reputation of that person or any other person, is guilty of stalking and shall be punished as a court-martial may direct.. (b) Clerical Amendment \nThe table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 917 (article 117) the following new item: 917a. 117a. Stalking.", "id": "HD4E1CBEE03AB4D75881BE549F541CFE2", "header": "Stalking", "nested": [ { "text": "(a) In General \nSubchapter X of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after section 917 (article 117) the following new section: 917a. 117a. Stalking \nAny person subject to this chapter who wrongfully and knowingly engages in a course of conduct, or a course of unwanted communication, that would cause emotional distress to a reasonable person or would place a reasonable person in fear of injury to the person, property, or reputation of that person or any other person, is guilty of stalking and shall be punished as a court-martial may direct..", "id": "H760647C6121641A8B7A27C0863D5F34F", "header": "In General", "nested": [], "links": [ { "text": "chapter 47", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/47" } ] }, { "text": "(b) Clerical Amendment \nThe table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 917 (article 117) the following new item: 917a. 117a. Stalking.", "id": "HD16161E852C64AC6B970721237421CB", "header": "Clerical Amendment", "nested": [], "links": [] } ], "links": [ { "text": "chapter 47", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/47" } ] }, { "text": "917a. 117a. Stalking \nAny person subject to this chapter who wrongfully and knowingly engages in a course of conduct, or a course of unwanted communication, that would cause emotional distress to a reasonable person or would place a reasonable person in fear of injury to the person, property, or reputation of that person or any other person, is guilty of stalking and shall be punished as a court-martial may direct.", "id": "HB0AFC9B0070F4E518DC5FD63D1008019", "header": "117a. Stalking", "nested": [], "links": [] } ]

[ "Armed Services Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the National Guard and Reserve Education Act of 2004.", "id": "H616B9078BDF6404CBFE00A4295CA95F", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Increase in rate of educational assistance for members of the Selected Reserve as administered by the Secretary of Veterans Affairs \n(a) Increase in rate of assistance \nSubsection (b)(1) of section 16131 of title 10, United States Code, is amended— (1) in subparagraph (A), by striking $251 and inserting $400 ; (2) by striking subparagraphs (B) and (C); (3) by redesignating subparagraph (D) as subparagraph (B); and (4) in subparagraph (B), as so redesignated, by striking for each month of less than half-time pursuit and inserting for each month of less than full-time pursuit. (b) Effective date \nThe amendments made by subsection (a) shall apply with respect to months beginning after the date of the enactment of this Act. (c) No CPI adjustment for fiscal year 2005 \nParagraph (2) of section 16131(b) of such title shall not apply to rates of basic educational assistance paid under such section during fiscal year 2005.", "id": "HADFBB67A080B4FFC84431EE4A1BC39C9", "header": "Increase in rate of educational assistance for members of the Selected Reserve as administered by the Secretary of Veterans Affairs", "nested": [ { "text": "(a) Increase in rate of assistance \nSubsection (b)(1) of section 16131 of title 10, United States Code, is amended— (1) in subparagraph (A), by striking $251 and inserting $400 ; (2) by striking subparagraphs (B) and (C); (3) by redesignating subparagraph (D) as subparagraph (B); and (4) in subparagraph (B), as so redesignated, by striking for each month of less than half-time pursuit and inserting for each month of less than full-time pursuit.", "id": "H5963CCADAFB14E59A92ED1FFBC00BCA4", "header": "Increase in rate of assistance", "nested": [], "links": [ { "text": "section 16131", "legal-doc": "usc", "parsable-cite": "usc/10/16131" } ] }, { "text": "(b) Effective date \nThe amendments made by subsection (a) shall apply with respect to months beginning after the date of the enactment of this Act.", "id": "HCE27DC5F97F24C499B00D81855AFE948", "header": "Effective date", "nested": [], "links": [] }, { "text": "(c) No CPI adjustment for fiscal year 2005 \nParagraph (2) of section 16131(b) of such title shall not apply to rates of basic educational assistance paid under such section during fiscal year 2005.", "id": "H35215D4E4AF447BDB6E0279FC157C0E5", "header": "No CPI adjustment for fiscal year 2005", "nested": [], "links": [] } ], "links": [ { "text": "section 16131", "legal-doc": "usc", "parsable-cite": "usc/10/16131" } ] }, { "text": "3. Payment of educational assistance for members of the Selected Reserve called up for service for cumulative period of 180 days or more at the rate applicable under chapter 30 of title 38, United States Code \n(a) Increase \nSection 16131 of title 10, United States Code, is amended by adding at the end the following new subsection: (j) (1) In the case of a person described in paragraph (2), the rate payable under subsection (b) or subsection (c) to such person for such educational assistance for each month shall be paid at the rate applicable under section 3015(b) of title 38. (2) A person referred to in paragraph (1) is a person who is entitled to educational assistance under this chapter— (A) who, on or after September 11, 2001, serves a period of active duty of at least 180 days of active duty pursuant to an order to serve on active duty under section 12301(a), 12301(d), 12301(g), 12302, or 12304 of this title during a five year period, or (B) in the case of a member of the Army National Guard of the United States or Air National Guard of the United States, who, on or after September 11, 2001, performed full time National Guard duty under section 502(f) of title 32 for at least 180 days during a five year period when authorized by the President or Secretary of Defense for the purpose of responding to a national emergency declared by the President and supported by Federal funds.. (b) Effective date \nThe amendments made by subsection (a) shall apply with respect to payments of educational assistance under chapter 1606 of such title for months beginning after September 30, 2004.", "id": "HFAC8837A9EA240D6A4A3AE66008206D5", "header": "Payment of educational assistance for members of the Selected Reserve called up for service for cumulative period of 180 days or more at the rate applicable under chapter 30 of title 38, United States Code", "nested": [ { "text": "(a) Increase \nSection 16131 of title 10, United States Code, is amended by adding at the end the following new subsection: (j) (1) In the case of a person described in paragraph (2), the rate payable under subsection (b) or subsection (c) to such person for such educational assistance for each month shall be paid at the rate applicable under section 3015(b) of title 38. (2) A person referred to in paragraph (1) is a person who is entitled to educational assistance under this chapter— (A) who, on or after September 11, 2001, serves a period of active duty of at least 180 days of active duty pursuant to an order to serve on active duty under section 12301(a), 12301(d), 12301(g), 12302, or 12304 of this title during a five year period, or (B) in the case of a member of the Army National Guard of the United States or Air National Guard of the United States, who, on or after September 11, 2001, performed full time National Guard duty under section 502(f) of title 32 for at least 180 days during a five year period when authorized by the President or Secretary of Defense for the purpose of responding to a national emergency declared by the President and supported by Federal funds..", "id": "HB2A9868931D94FF0928F6C7F2330DB6D", "header": "Increase", "nested": [], "links": [ { "text": "Section 16131", "legal-doc": "usc", "parsable-cite": "usc/10/16131" }, { "text": "section 3015(b)", "legal-doc": "usc", "parsable-cite": "usc/38/3015" }, { "text": "section 502(f)", "legal-doc": "usc", "parsable-cite": "usc/32/502" } ] }, { "text": "(b) Effective date \nThe amendments made by subsection (a) shall apply with respect to payments of educational assistance under chapter 1606 of such title for months beginning after September 30, 2004.", "id": "H182AC43D1C044B21BDDE817D9659CE77", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "chapter 30", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/30" }, { "text": "Section 16131", "legal-doc": "usc", "parsable-cite": "usc/10/16131" }, { "text": "section 3015(b)", "legal-doc": "usc", "parsable-cite": "usc/38/3015" }, { "text": "section 502(f)", "legal-doc": "usc", "parsable-cite": "usc/32/502" } ] }, { "text": "4. Modification of delimiting date for use of entitlement \n(a) In general \nSection 16133 of title 10, United States Code, is amended— (1) in subsection (a), by striking subsection (b) and inserting subsections (b) and (c) ; and (2) by adding at the end the following new subsection: (c) In the case of a person described in section 16131(j)(2) of this title, the period during which such person may use such person’s entitlement to educational assistance under this chapter expires at the end of the 14-year period beginning on the date that is the last day of the person’s last duty referred to in such section.. (b) Effective date \nThe amendments made by subsection (a) shall take effect on September 30, 2004, and shall apply to members of the Selected Reserve entitled to educational assistance under chapter 1606 of title 10, United States Code, on or after that date.", "id": "H3CBC93338B7B41F2A7C0A596A1520488", "header": "Modification of delimiting date for use of entitlement", "nested": [ { "text": "(a) In general \nSection 16133 of title 10, United States Code, is amended— (1) in subsection (a), by striking subsection (b) and inserting subsections (b) and (c) ; and (2) by adding at the end the following new subsection: (c) In the case of a person described in section 16131(j)(2) of this title, the period during which such person may use such person’s entitlement to educational assistance under this chapter expires at the end of the 14-year period beginning on the date that is the last day of the person’s last duty referred to in such section..", "id": "H421912A73D954578B577EF15B484B24B", "header": "In general", "nested": [], "links": [ { "text": "Section 16133", "legal-doc": "usc", "parsable-cite": "usc/10/16133" } ] }, { "text": "(b) Effective date \nThe amendments made by subsection (a) shall take effect on September 30, 2004, and shall apply to members of the Selected Reserve entitled to educational assistance under chapter 1606 of title 10, United States Code, on or after that date.", "id": "HFA464100C58146BB98C59BEDDDA42772", "header": "Effective date", "nested": [], "links": [ { "text": "chapter 1606", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/1606" } ] } ], "links": [ { "text": "Section 16133", "legal-doc": "usc", "parsable-cite": "usc/10/16133" }, { "text": "chapter 1606", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/1606" } ] }, { "text": "5. Authority for members of the Selected Reserve entitled to retired pay to transfer entitlement to basic educational assistance \n(a) Establishment of authority to transfer entitlement \n(1) Chapter 1606 of title 10, United States Code, is amended by adding at the end the following new section: 16138. Transfer of entitlement to basic educational assistance by members of the Selected Reserve entitled to retired pay \n(a) In general \nSubject to the provisions of this section, each Secretary concerned may permit an individual described in subsection (b) who is entitled to basic educational assistance under this chapter to elect to transfer to one or more of the dependents specified in subsection (c) a portion of such individual’s entitlement to such assistance. (b) Eligible individuals \nAn individual referred to in subsection (a) is an individual who— (1) is entitled to retired pay under chapter 1223; and (2) is entitled to educational assistance under this chapter. (c) Eligible dependents \nAn individual approved to transfer an entitlement to basic educational assistance under this section may transfer the individual’s entitlement as follows: (1) To the individual’s spouse. (2) To one or more of the individual’s children. (3) To a combination of the individuals referred to in paragraphs (1) and (2). (d) Designation of transferee \nAn individual transferring an entitlement to basic educational assistance under this section shall— (1) designate the dependent or dependents to whom such entitlement is being transferred; (2) designate the number of months of such entitlement to be transferred to each such dependent; and (3) specify the period for which the transfer shall be effective for each dependent designated under paragraph (1). Each designation under this section shall be made in writing and shall be transmitted to the Secretary concerned and the Secretary of Veterans Affairs. (e) Time for transfer; revocation and modification \n(1) Subject to the time limitation for use of entitlement under section 16133 of this title, an individual approved to transfer entitlement to basic educational assistance under this section may transfer such entitlement at any time after the approval of the individual’s request to transfer such entitlement without regard to whether the individual is a member of the Armed Forces when the transfer is executed. (2) (A) An individual transferring entitlement under this section may modify or revoke at any time the transfer of any unused portion of the entitlement so transferred. (B) The modification or revocation of the transfer of entitlement under this paragraph shall be made by the submittal of written notice of the action to both the Secretary concerned and the Secretary of Veterans Affairs. (f) Commencement of use \nIn the case of entitlement transferred to a child to whom entitlement to basic educational assistance is transferred under this section, the child may not commence the use of the transferred entitlement until either— (1) the completion by the child of the requirements of a secondary school diploma (or equivalency certificate); or (2) the attainment by the child of 18 years of age. (g) Additional administrative matters \n(1) The use of any entitlement to basic educational assistance transferred under this section shall be charged against the entitlement of the individual making the transfer at the rate of one month for each month of transferred entitlement that is used. (2) Except as provided under subsection (d)(2) and subject to paragraphs (4) and (5), a dependent to whom entitlement is transferred under this section is entitled to basic educational assistance under this chapter in the same manner and at the same rate as the individual from whom the entitlement was transferred. (3) (A) The death of an individual transferring an entitlement under this section shall not affect the use of the entitlement by the dependent to whom the entitlement is transferred. (B) Entitlement may only be transferred under this section before the date of death of the individual making the transfer. (4) A child to whom entitlement is transferred under this section may not use any entitlement so transferred after attaining the age of 26 years. (5) The administrative provisions of chapter 30 of title 38 (including the provisions set forth in section 3034(a)(1) of that title) shall apply to the use of entitlement transferred under this section, except that the dependent to whom the entitlement is transferred shall be treated as the eligible veteran for purposes of such provisions. (6) The purposes for which a dependent to whom entitlement is transferred under this section may use such entitlement shall include the pursuit and completion of the requirements of a secondary school diploma (or equivalency certificate). (h) Overpayment \nIn the event of an overpayment of basic educational assistance with respect to a dependent to whom entitlement is transferred under this section, the dependent and the individual making the transfer shall be jointly and severally liable to the United States for the amount of the overpayment for purposes of section 3685 of title 38. (i) Approvals of transfer Subject to availability of appropriations \nThe Secretary concerned may approve transfers of entitlement to basic educational assistance under this section in a fiscal year only to the extent that appropriations for military personnel are available in that fiscal year for purposes of making deposits in the Department of Defense Education Benefits Fund under section 2006 of this title in that fiscal year to cover the present value of future benefits payable from the Fund for the Department of Defense portion of payments of basic educational assistance attributable to increased usage of benefits as a result of such transfers of entitlement in that fiscal year. (j) Regulations \nAfter consultation with the Secretary of Veterans Affairs, the Secretary of Defense shall prescribe regulations for purposes of this section. Such regulations shall specify the manner and effect of an election to modify or revoke a transfer of entitlement under subsection (e)(2) and shall specify the manner of the applicability of the administrative provisions referred to in subsection (g)(5) to a dependent to whom entitlement is transferred under this section. (k) Annual report \n(1) As part of the report required under section 3020(l) of title 38, (beginning in 2006), the Secretary of Defense shall include information on the transfers of entitlement to basic educational assistance under this section that were approved by each Secretary concerned during the preceding fiscal year. (2) Each report shall set forth— (A) the number of transfers of entitlement under this section that were approved by such Secretary during the preceding fiscal year; or (B) if no transfers of entitlement under this section were approved by such Secretary during that fiscal year, a justification for such Secretary’s decision not to approve any such transfers of entitlement during that fiscal year.. (2) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by adding at the end the following new item: 16138. Transfer of entitlement to basic educational assistance by members of the Selected Reserve entitled to retired pay. (b) Conforming amendment \nSection 3020 of title 38, United States Code, is amended— (1) by redesignating subsection (m) as subsection (n); and (2) by inserting after subsection (l) the following new subsection: (m) Coordination with authority for transfers under the reserve montgomery GI bill \nIn carrying out this section and section 16138 of title 10, each Secretary concerned shall take such steps as may be necessary to ensure that a transfer of entitlement under each such section is made pursuant to the applicable requirements of such sections..", "id": "H3B8CFC0C069D428791108561EE6266AC", "header": "Authority for members of the Selected Reserve entitled to retired pay to transfer entitlement to basic educational assistance", "nested": [ { "text": "(a) Establishment of authority to transfer entitlement \n(1) Chapter 1606 of title 10, United States Code, is amended by adding at the end the following new section: 16138. Transfer of entitlement to basic educational assistance by members of the Selected Reserve entitled to retired pay \n(a) In general \nSubject to the provisions of this section, each Secretary concerned may permit an individual described in subsection (b) who is entitled to basic educational assistance under this chapter to elect to transfer to one or more of the dependents specified in subsection (c) a portion of such individual’s entitlement to such assistance. (b) Eligible individuals \nAn individual referred to in subsection (a) is an individual who— (1) is entitled to retired pay under chapter 1223; and (2) is entitled to educational assistance under this chapter. (c) Eligible dependents \nAn individual approved to transfer an entitlement to basic educational assistance under this section may transfer the individual’s entitlement as follows: (1) To the individual’s spouse. (2) To one or more of the individual’s children. (3) To a combination of the individuals referred to in paragraphs (1) and (2). (d) Designation of transferee \nAn individual transferring an entitlement to basic educational assistance under this section shall— (1) designate the dependent or dependents to whom such entitlement is being transferred; (2) designate the number of months of such entitlement to be transferred to each such dependent; and (3) specify the period for which the transfer shall be effective for each dependent designated under paragraph (1). Each designation under this section shall be made in writing and shall be transmitted to the Secretary concerned and the Secretary of Veterans Affairs. (e) Time for transfer; revocation and modification \n(1) Subject to the time limitation for use of entitlement under section 16133 of this title, an individual approved to transfer entitlement to basic educational assistance under this section may transfer such entitlement at any time after the approval of the individual’s request to transfer such entitlement without regard to whether the individual is a member of the Armed Forces when the transfer is executed. (2) (A) An individual transferring entitlement under this section may modify or revoke at any time the transfer of any unused portion of the entitlement so transferred. (B) The modification or revocation of the transfer of entitlement under this paragraph shall be made by the submittal of written notice of the action to both the Secretary concerned and the Secretary of Veterans Affairs. (f) Commencement of use \nIn the case of entitlement transferred to a child to whom entitlement to basic educational assistance is transferred under this section, the child may not commence the use of the transferred entitlement until either— (1) the completion by the child of the requirements of a secondary school diploma (or equivalency certificate); or (2) the attainment by the child of 18 years of age. (g) Additional administrative matters \n(1) The use of any entitlement to basic educational assistance transferred under this section shall be charged against the entitlement of the individual making the transfer at the rate of one month for each month of transferred entitlement that is used. (2) Except as provided under subsection (d)(2) and subject to paragraphs (4) and (5), a dependent to whom entitlement is transferred under this section is entitled to basic educational assistance under this chapter in the same manner and at the same rate as the individual from whom the entitlement was transferred. (3) (A) The death of an individual transferring an entitlement under this section shall not affect the use of the entitlement by the dependent to whom the entitlement is transferred. (B) Entitlement may only be transferred under this section before the date of death of the individual making the transfer. (4) A child to whom entitlement is transferred under this section may not use any entitlement so transferred after attaining the age of 26 years. (5) The administrative provisions of chapter 30 of title 38 (including the provisions set forth in section 3034(a)(1) of that title) shall apply to the use of entitlement transferred under this section, except that the dependent to whom the entitlement is transferred shall be treated as the eligible veteran for purposes of such provisions. (6) The purposes for which a dependent to whom entitlement is transferred under this section may use such entitlement shall include the pursuit and completion of the requirements of a secondary school diploma (or equivalency certificate). (h) Overpayment \nIn the event of an overpayment of basic educational assistance with respect to a dependent to whom entitlement is transferred under this section, the dependent and the individual making the transfer shall be jointly and severally liable to the United States for the amount of the overpayment for purposes of section 3685 of title 38. (i) Approvals of transfer Subject to availability of appropriations \nThe Secretary concerned may approve transfers of entitlement to basic educational assistance under this section in a fiscal year only to the extent that appropriations for military personnel are available in that fiscal year for purposes of making deposits in the Department of Defense Education Benefits Fund under section 2006 of this title in that fiscal year to cover the present value of future benefits payable from the Fund for the Department of Defense portion of payments of basic educational assistance attributable to increased usage of benefits as a result of such transfers of entitlement in that fiscal year. (j) Regulations \nAfter consultation with the Secretary of Veterans Affairs, the Secretary of Defense shall prescribe regulations for purposes of this section. Such regulations shall specify the manner and effect of an election to modify or revoke a transfer of entitlement under subsection (e)(2) and shall specify the manner of the applicability of the administrative provisions referred to in subsection (g)(5) to a dependent to whom entitlement is transferred under this section. (k) Annual report \n(1) As part of the report required under section 3020(l) of title 38, (beginning in 2006), the Secretary of Defense shall include information on the transfers of entitlement to basic educational assistance under this section that were approved by each Secretary concerned during the preceding fiscal year. (2) Each report shall set forth— (A) the number of transfers of entitlement under this section that were approved by such Secretary during the preceding fiscal year; or (B) if no transfers of entitlement under this section were approved by such Secretary during that fiscal year, a justification for such Secretary’s decision not to approve any such transfers of entitlement during that fiscal year.. (2) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by adding at the end the following new item: 16138. Transfer of entitlement to basic educational assistance by members of the Selected Reserve entitled to retired pay.", "id": "H9E8C7212376C4A36BE4985C77094AED2", "header": "Establishment of authority to transfer entitlement", "nested": [], "links": [ { "text": "Chapter 1606", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/1606" }, { "text": "chapter 30", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/30" }, { "text": "section 3685", "legal-doc": "usc", "parsable-cite": "usc/38/3685" }, { "text": "section 3020(l)", "legal-doc": "usc", "parsable-cite": "usc/38/3020" } ] }, { "text": "(b) Conforming amendment \nSection 3020 of title 38, United States Code, is amended— (1) by redesignating subsection (m) as subsection (n); and (2) by inserting after subsection (l) the following new subsection: (m) Coordination with authority for transfers under the reserve montgomery GI bill \nIn carrying out this section and section 16138 of title 10, each Secretary concerned shall take such steps as may be necessary to ensure that a transfer of entitlement under each such section is made pursuant to the applicable requirements of such sections..", "id": "H7381BB8A957448E900DE2D5E008BA1EE", "header": "Conforming amendment", "nested": [], "links": [ { "text": "Section 3020", "legal-doc": "usc", "parsable-cite": "usc/38/3020" }, { "text": "section 16138", "legal-doc": "usc", "parsable-cite": "usc/10/16138" } ] } ], "links": [ { "text": "Chapter 1606", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/1606" }, { "text": "chapter 30", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/30" }, { "text": "section 3685", "legal-doc": "usc", "parsable-cite": "usc/38/3685" }, { "text": "section 3020(l)", "legal-doc": "usc", "parsable-cite": "usc/38/3020" }, { "text": "Section 3020", "legal-doc": "usc", "parsable-cite": "usc/38/3020" }, { "text": "section 16138", "legal-doc": "usc", "parsable-cite": "usc/10/16138" } ] }, { "text": "16138. Transfer of entitlement to basic educational assistance by members of the Selected Reserve entitled to retired pay \n(a) In general \nSubject to the provisions of this section, each Secretary concerned may permit an individual described in subsection (b) who is entitled to basic educational assistance under this chapter to elect to transfer to one or more of the dependents specified in subsection (c) a portion of such individual’s entitlement to such assistance. (b) Eligible individuals \nAn individual referred to in subsection (a) is an individual who— (1) is entitled to retired pay under chapter 1223; and (2) is entitled to educational assistance under this chapter. (c) Eligible dependents \nAn individual approved to transfer an entitlement to basic educational assistance under this section may transfer the individual’s entitlement as follows: (1) To the individual’s spouse. (2) To one or more of the individual’s children. (3) To a combination of the individuals referred to in paragraphs (1) and (2). (d) Designation of transferee \nAn individual transferring an entitlement to basic educational assistance under this section shall— (1) designate the dependent or dependents to whom such entitlement is being transferred; (2) designate the number of months of such entitlement to be transferred to each such dependent; and (3) specify the period for which the transfer shall be effective for each dependent designated under paragraph (1). Each designation under this section shall be made in writing and shall be transmitted to the Secretary concerned and the Secretary of Veterans Affairs. (e) Time for transfer; revocation and modification \n(1) Subject to the time limitation for use of entitlement under section 16133 of this title, an individual approved to transfer entitlement to basic educational assistance under this section may transfer such entitlement at any time after the approval of the individual’s request to transfer such entitlement without regard to whether the individual is a member of the Armed Forces when the transfer is executed. (2) (A) An individual transferring entitlement under this section may modify or revoke at any time the transfer of any unused portion of the entitlement so transferred. (B) The modification or revocation of the transfer of entitlement under this paragraph shall be made by the submittal of written notice of the action to both the Secretary concerned and the Secretary of Veterans Affairs. (f) Commencement of use \nIn the case of entitlement transferred to a child to whom entitlement to basic educational assistance is transferred under this section, the child may not commence the use of the transferred entitlement until either— (1) the completion by the child of the requirements of a secondary school diploma (or equivalency certificate); or (2) the attainment by the child of 18 years of age. (g) Additional administrative matters \n(1) The use of any entitlement to basic educational assistance transferred under this section shall be charged against the entitlement of the individual making the transfer at the rate of one month for each month of transferred entitlement that is used. (2) Except as provided under subsection (d)(2) and subject to paragraphs (4) and (5), a dependent to whom entitlement is transferred under this section is entitled to basic educational assistance under this chapter in the same manner and at the same rate as the individual from whom the entitlement was transferred. (3) (A) The death of an individual transferring an entitlement under this section shall not affect the use of the entitlement by the dependent to whom the entitlement is transferred. (B) Entitlement may only be transferred under this section before the date of death of the individual making the transfer. (4) A child to whom entitlement is transferred under this section may not use any entitlement so transferred after attaining the age of 26 years. (5) The administrative provisions of chapter 30 of title 38 (including the provisions set forth in section 3034(a)(1) of that title) shall apply to the use of entitlement transferred under this section, except that the dependent to whom the entitlement is transferred shall be treated as the eligible veteran for purposes of such provisions. (6) The purposes for which a dependent to whom entitlement is transferred under this section may use such entitlement shall include the pursuit and completion of the requirements of a secondary school diploma (or equivalency certificate). (h) Overpayment \nIn the event of an overpayment of basic educational assistance with respect to a dependent to whom entitlement is transferred under this section, the dependent and the individual making the transfer shall be jointly and severally liable to the United States for the amount of the overpayment for purposes of section 3685 of title 38. (i) Approvals of transfer Subject to availability of appropriations \nThe Secretary concerned may approve transfers of entitlement to basic educational assistance under this section in a fiscal year only to the extent that appropriations for military personnel are available in that fiscal year for purposes of making deposits in the Department of Defense Education Benefits Fund under section 2006 of this title in that fiscal year to cover the present value of future benefits payable from the Fund for the Department of Defense portion of payments of basic educational assistance attributable to increased usage of benefits as a result of such transfers of entitlement in that fiscal year. (j) Regulations \nAfter consultation with the Secretary of Veterans Affairs, the Secretary of Defense shall prescribe regulations for purposes of this section. Such regulations shall specify the manner and effect of an election to modify or revoke a transfer of entitlement under subsection (e)(2) and shall specify the manner of the applicability of the administrative provisions referred to in subsection (g)(5) to a dependent to whom entitlement is transferred under this section. (k) Annual report \n(1) As part of the report required under section 3020(l) of title 38, (beginning in 2006), the Secretary of Defense shall include information on the transfers of entitlement to basic educational assistance under this section that were approved by each Secretary concerned during the preceding fiscal year. (2) Each report shall set forth— (A) the number of transfers of entitlement under this section that were approved by such Secretary during the preceding fiscal year; or (B) if no transfers of entitlement under this section were approved by such Secretary during that fiscal year, a justification for such Secretary’s decision not to approve any such transfers of entitlement during that fiscal year.", "id": "H947910B0BD9E4059B74B4F8C2B6EA303", "header": "Transfer of entitlement to basic educational assistance by members of the Selected Reserve entitled to retired pay", "nested": [ { "text": "(a) In general \nSubject to the provisions of this section, each Secretary concerned may permit an individual described in subsection (b) who is entitled to basic educational assistance under this chapter to elect to transfer to one or more of the dependents specified in subsection (c) a portion of such individual’s entitlement to such assistance.", "id": "H3841C18D08644446AEF70190E8CCC414", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Eligible individuals \nAn individual referred to in subsection (a) is an individual who— (1) is entitled to retired pay under chapter 1223; and (2) is entitled to educational assistance under this chapter.", "id": "H0750301670454F998E6BCAABD4B03D43", "header": "Eligible individuals", "nested": [], "links": [] }, { "text": "(c) Eligible dependents \nAn individual approved to transfer an entitlement to basic educational assistance under this section may transfer the individual’s entitlement as follows: (1) To the individual’s spouse. (2) To one or more of the individual’s children. (3) To a combination of the individuals referred to in paragraphs (1) and (2).", "id": "H5F342B9E488E4AAE00EACDBA1159A4BF", "header": "Eligible dependents", "nested": [], "links": [] }, { "text": "(d) Designation of transferee \nAn individual transferring an entitlement to basic educational assistance under this section shall— (1) designate the dependent or dependents to whom such entitlement is being transferred; (2) designate the number of months of such entitlement to be transferred to each such dependent; and (3) specify the period for which the transfer shall be effective for each dependent designated under paragraph (1). Each designation under this section shall be made in writing and shall be transmitted to the Secretary concerned and the Secretary of Veterans Affairs.", "id": "HF3A5C8DC0F0C4E19A071CB4E6241D634", "header": "Designation of transferee", "nested": [], "links": [] }, { "text": "(e) Time for transfer; revocation and modification \n(1) Subject to the time limitation for use of entitlement under section 16133 of this title, an individual approved to transfer entitlement to basic educational assistance under this section may transfer such entitlement at any time after the approval of the individual’s request to transfer such entitlement without regard to whether the individual is a member of the Armed Forces when the transfer is executed. (2) (A) An individual transferring entitlement under this section may modify or revoke at any time the transfer of any unused portion of the entitlement so transferred. (B) The modification or revocation of the transfer of entitlement under this paragraph shall be made by the submittal of written notice of the action to both the Secretary concerned and the Secretary of Veterans Affairs.", "id": "HB87A0F18182747FF864D2637B8467D00", "header": "Time for transfer; revocation and modification", "nested": [], "links": [] }, { "text": "(f) Commencement of use \nIn the case of entitlement transferred to a child to whom entitlement to basic educational assistance is transferred under this section, the child may not commence the use of the transferred entitlement until either— (1) the completion by the child of the requirements of a secondary school diploma (or equivalency certificate); or (2) the attainment by the child of 18 years of age.", "id": "H4CC9F2196673408C003D05805D04E0B", "header": "Commencement of use", "nested": [], "links": [] }, { "text": "(g) Additional administrative matters \n(1) The use of any entitlement to basic educational assistance transferred under this section shall be charged against the entitlement of the individual making the transfer at the rate of one month for each month of transferred entitlement that is used. (2) Except as provided under subsection (d)(2) and subject to paragraphs (4) and (5), a dependent to whom entitlement is transferred under this section is entitled to basic educational assistance under this chapter in the same manner and at the same rate as the individual from whom the entitlement was transferred. (3) (A) The death of an individual transferring an entitlement under this section shall not affect the use of the entitlement by the dependent to whom the entitlement is transferred. (B) Entitlement may only be transferred under this section before the date of death of the individual making the transfer. (4) A child to whom entitlement is transferred under this section may not use any entitlement so transferred after attaining the age of 26 years. (5) The administrative provisions of chapter 30 of title 38 (including the provisions set forth in section 3034(a)(1) of that title) shall apply to the use of entitlement transferred under this section, except that the dependent to whom the entitlement is transferred shall be treated as the eligible veteran for purposes of such provisions. (6) The purposes for which a dependent to whom entitlement is transferred under this section may use such entitlement shall include the pursuit and completion of the requirements of a secondary school diploma (or equivalency certificate).", "id": "HADA459D070124F7DB560457D00D3F127", "header": "Additional administrative matters", "nested": [], "links": [ { "text": "chapter 30", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/30" } ] }, { "text": "(h) Overpayment \nIn the event of an overpayment of basic educational assistance with respect to a dependent to whom entitlement is transferred under this section, the dependent and the individual making the transfer shall be jointly and severally liable to the United States for the amount of the overpayment for purposes of section 3685 of title 38.", "id": "HB1E0B9760BFE4E058F3B93F13D921EFE", "header": "Overpayment", "nested": [], "links": [ { "text": "section 3685", "legal-doc": "usc", "parsable-cite": "usc/38/3685" } ] }, { "text": "(i) Approvals of transfer Subject to availability of appropriations \nThe Secretary concerned may approve transfers of entitlement to basic educational assistance under this section in a fiscal year only to the extent that appropriations for military personnel are available in that fiscal year for purposes of making deposits in the Department of Defense Education Benefits Fund under section 2006 of this title in that fiscal year to cover the present value of future benefits payable from the Fund for the Department of Defense portion of payments of basic educational assistance attributable to increased usage of benefits as a result of such transfers of entitlement in that fiscal year.", "id": "H9B0693A9005546ED91B7099BE0910068", "header": "Approvals of transfer Subject to availability of appropriations", "nested": [], "links": [] }, { "text": "(j) Regulations \nAfter consultation with the Secretary of Veterans Affairs, the Secretary of Defense shall prescribe regulations for purposes of this section. Such regulations shall specify the manner and effect of an election to modify or revoke a transfer of entitlement under subsection (e)(2) and shall specify the manner of the applicability of the administrative provisions referred to in subsection (g)(5) to a dependent to whom entitlement is transferred under this section.", "id": "HC0CD1889437A485B9C06D1EEEEE1745B", "header": "Regulations", "nested": [], "links": [] }, { "text": "(k) Annual report \n(1) As part of the report required under section 3020(l) of title 38, (beginning in 2006), the Secretary of Defense shall include information on the transfers of entitlement to basic educational assistance under this section that were approved by each Secretary concerned during the preceding fiscal year. (2) Each report shall set forth— (A) the number of transfers of entitlement under this section that were approved by such Secretary during the preceding fiscal year; or (B) if no transfers of entitlement under this section were approved by such Secretary during that fiscal year, a justification for such Secretary’s decision not to approve any such transfers of entitlement during that fiscal year.", "id": "HBB57216B4C164CB4AE802C15A4FF0001", "header": "Annual report", "nested": [], "links": [ { "text": "section 3020(l)", "legal-doc": "usc", "parsable-cite": "usc/38/3020" } ] } ], "links": [ { "text": "chapter 30", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/30" }, { "text": "section 3685", "legal-doc": "usc", "parsable-cite": "usc/38/3685" }, { "text": "section 3020(l)", "legal-doc": "usc", "parsable-cite": "usc/38/3020" } ] }, { "text": "7. Requirement for the Secretary of Veterans Affairs to report to Congress on transfers of entitlement by members of the Selected Reserve entitled to retired pay \n(a) In general \nSubchapter II of chapter 30 of title 38, United States Code, is amended by adding at the end the following new section: 3020A. Annual report on transfers of entitlement to basic educational assistance by members of the Selected Reserve entitled to retired pay \n(a) Inclusion in annual report \nAs part of the annual report submitted to the Congress under section 529 of this title, the Secretary shall include a description of the operation of the program for transfer of entitlement to basic educational assistance by members of the selected reserve entitled to retired pay under section 16138 of title 10. (b) Specific information required \nThe Secretary shall include in the description required under subsection (a) the following information: (1) The aggregate number of transfers of entitlement made during the preceding year. (2) The type of programs of education pursued by dependents to whom entitlement was so transferred. (3) The number of spouses to whom entitlement was so transferred. (4) The number of dependent children to whom entitlement was so transferred.. (b) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by adding at the end the following new item:", "id": "HF0968A498A6149CC82FD5CF8E03E4CA4", "header": "Requirement for the Secretary of Veterans Affairs to report to Congress on transfers of entitlement by members of the Selected Reserve entitled to retired pay", "nested": [ { "text": "(a) In general \nSubchapter II of chapter 30 of title 38, United States Code, is amended by adding at the end the following new section: 3020A. Annual report on transfers of entitlement to basic educational assistance by members of the Selected Reserve entitled to retired pay \n(a) Inclusion in annual report \nAs part of the annual report submitted to the Congress under section 529 of this title, the Secretary shall include a description of the operation of the program for transfer of entitlement to basic educational assistance by members of the selected reserve entitled to retired pay under section 16138 of title 10. (b) Specific information required \nThe Secretary shall include in the description required under subsection (a) the following information: (1) The aggregate number of transfers of entitlement made during the preceding year. (2) The type of programs of education pursued by dependents to whom entitlement was so transferred. (3) The number of spouses to whom entitlement was so transferred. (4) The number of dependent children to whom entitlement was so transferred..", "id": "H896AF760C69B47B989F68D0795933EE2", "header": "In general", "nested": [], "links": [ { "text": "chapter 30", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/30" }, { "text": "section 16138", "legal-doc": "usc", "parsable-cite": "usc/10/16138" } ] }, { "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:", "id": "H7A9F66C107854BF1A0F53E283E02079F", "header": "Clerical amendment", "nested": [], "links": [] } ], "links": [ { "text": "chapter 30", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/30" }, { "text": "section 16138", "legal-doc": "usc", "parsable-cite": "usc/10/16138" } ] }, { "text": "3020A. Annual report on transfers of entitlement to basic educational assistance by members of the Selected Reserve entitled to retired pay \n(a) Inclusion in annual report \nAs part of the annual report submitted to the Congress under section 529 of this title, the Secretary shall include a description of the operation of the program for transfer of entitlement to basic educational assistance by members of the selected reserve entitled to retired pay under section 16138 of title 10. (b) Specific information required \nThe Secretary shall include in the description required under subsection (a) the following information: (1) The aggregate number of transfers of entitlement made during the preceding year. (2) The type of programs of education pursued by dependents to whom entitlement was so transferred. (3) The number of spouses to whom entitlement was so transferred. (4) The number of dependent children to whom entitlement was so transferred.", "id": "HEBE351C4A5D841CDA171F213F8D800B6", "header": "Annual report on transfers of entitlement to basic educational assistance by members of the Selected Reserve entitled to retired pay", "nested": [ { "text": "(a) Inclusion in annual report \nAs part of the annual report submitted to the Congress under section 529 of this title, the Secretary shall include a description of the operation of the program for transfer of entitlement to basic educational assistance by members of the selected reserve entitled to retired pay under section 16138 of title 10.", "id": "H5AA23C0DEB3D4419BA5780788912799B", "header": "Inclusion in annual report", "nested": [], "links": [ { "text": "section 16138", "legal-doc": "usc", "parsable-cite": "usc/10/16138" } ] }, { "text": "(b) Specific information required \nThe Secretary shall include in the description required under subsection (a) the following information: (1) The aggregate number of transfers of entitlement made during the preceding year. (2) The type of programs of education pursued by dependents to whom entitlement was so transferred. (3) The number of spouses to whom entitlement was so transferred. (4) The number of dependent children to whom entitlement was so transferred.", "id": "H26CC5CB472F44A819600DAC500FB58CE", "header": "Specific information required", "nested": [], "links": [] } ], "links": [ { "text": "section 16138", "legal-doc": "usc", "parsable-cite": "usc/10/16138" } ] } ]

[ "Veterans' Affairs Committee", "Armed Services Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Public Housing Community Service Incentive Act.", "id": "H0FB89FF85E00473B89C4364E2FD05489", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Community service \n(a) Community service \nSection 12 of the United States Housing Act of 1937 ( 42 U.S.C. 1437j ) is amended by striking subsection (c) and inserting the following new subsection: (c) Community service \n(1) In general \nEach adult resident of a public housing project who performs 8 hours per month of community service (not including political activities) within the community in which that adult resides shall receive priority consideration for participation in any economic self-sufficiency programs sponsored by the public housing agency that administers the public housing project in which the adult resides. (2) Geographic location \nCommunity service at a location not owned by the public housing agency shall qualify as community service for purposes of paragraph (1)..", "id": "H22C495E67F0941B08DD6001355C1BE77", "header": "Community service", "nested": [ { "text": "(a) Community service \nSection 12 of the United States Housing Act of 1937 ( 42 U.S.C. 1437j ) is amended by striking subsection (c) and inserting the following new subsection: (c) Community service \n(1) In general \nEach adult resident of a public housing project who performs 8 hours per month of community service (not including political activities) within the community in which that adult resides shall receive priority consideration for participation in any economic self-sufficiency programs sponsored by the public housing agency that administers the public housing project in which the adult resides. (2) Geographic location \nCommunity service at a location not owned by the public housing agency shall qualify as community service for purposes of paragraph (1)..", "id": "HA87D54A31DCF4F01ADEF44F9216FE1B6", "header": "Community service", "nested": [], "links": [ { "text": "42 U.S.C. 1437j", "legal-doc": "usc", "parsable-cite": "usc/42/1437j" } ] } ], "links": [ { "text": "42 U.S.C. 1437j", "legal-doc": "usc", "parsable-cite": "usc/42/1437j" } ] } ]

[ "Financial Services Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Freedom to Display the American Flag Act of 2004.", "id": "H5EF699927C7A4045A4BF8FC5A9D11E7E", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definitions \nFor purposes of this Act— (1) the term flag of the United States has the meaning given the term flag, standard, colors, or ensign under section 3 of title 4, United States Code; (2) the terms condominium association and cooperative association have the meanings given such terms under section 604 of Public Law 96–399 ( 15 U.S.C. 3603 ); (3) the term residential real estate management association has the meaning given such term under section 528 of the Internal Revenue Code of 1986 ( 26 U.S.C. 528 ); and (4) the term member — (A) as used with respect to a condominium association, means an owner of a condominium unit (as defined under section 604 of Public Law 96–399 ( 15 U.S.C. 3603 )) within such association; (B) as used with respect to a cooperative association, means a cooperative unit owner (as defined under section 604 of Public Law 96–399 ( 15 U.S.C. 3603 )) within such association; and (C) as used with respect to a residential real estate management association, means an owner of a residential property within a subdivision, development, or similar area subject to any policy or restriction adopted by such association.", "id": "HB9D858622C0B44BFAD8395208F00884C", "header": "Definitions", "nested": [], "links": [ { "text": "section 3", "legal-doc": "usc", "parsable-cite": "usc/4/3" }, { "text": "Public Law 96–399", "legal-doc": "public-law", "parsable-cite": "pl/96/399" }, { "text": "15 U.S.C. 3603", "legal-doc": "usc", "parsable-cite": "usc/15/3603" }, { "text": "section 528", "legal-doc": "usc", "parsable-cite": "usc/26/528" }, { "text": "26 U.S.C. 528", "legal-doc": "usc", "parsable-cite": "usc/26/528" }, { "text": "Public Law 96–399", "legal-doc": "public-law", "parsable-cite": "pl/96/399" }, { "text": "15 U.S.C. 3603", "legal-doc": "usc", "parsable-cite": "usc/15/3603" }, { "text": "Public Law 96–399", "legal-doc": "public-law", "parsable-cite": "pl/96/399" }, { "text": "15 U.S.C. 3603", "legal-doc": "usc", "parsable-cite": "usc/15/3603" } ] }, { "text": "3. Right to display the flag of the United States \nA condominium association, cooperative association, or residential real estate management association may not adopt or enforce any policy, or enter into any agreement, that would restrict or prevent a member of the association from displaying the flag of the United States on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use.", "id": "HB334B7AD5F034BAEBDE687A02EF296DD", "header": "Right to display the flag of the United States", "nested": [], "links": [] }, { "text": "4. Limitations \nNothing in this Act shall be considered to permit any display or use that is inconsistent with— (1) any provision of chapter 1 of title 4, United States Code, or any rule or custom pertaining to the proper display or use of the flag of the United States (as established pursuant to such chapter or any otherwise applicable provision of law); or (2) any reasonable restriction pertaining to the time, place, or manner of displaying the flag of the United States necessary to protect a substantial interest of the condominium association, cooperative association, or residential real estate management association.", "id": "H772955726D5B4A25A2496E2660070360", "header": "Limitations", "nested": [], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/4/1" } ] } ]

[ "Financial Services Committee" ]

[ { "text": "1. Repeal of reduction in medicare payments through competitive bidding for certain items of durable medical equipment \nSection 1834(h)(4)(C) of the Social Security Act ( 42 U.S.C. 1395m(h)(4)(C) ), as amended by section 627(b)(1) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), is amended by striking (and includes shoes described in section 1861(s)(12)).", "id": "H287051013B764D66817EC1C9E47C7059", "header": "Repeal of reduction in medicare payments through competitive bidding for certain items of durable medical equipment", "nested": [], "links": [ { "text": "42 U.S.C. 1395m(h)(4)(C)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" }, { "text": "Public Law 108–173", "legal-doc": "public-law", "parsable-cite": "pl/108/173" } ] } ]

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

[ { "text": "1. Across-the-board rescissions in non-defense, non-homeland-security discretionary spending for fiscal year 2005 \n(a) Across-the-board rescissions \nThere is hereby rescinded an amount equal to 2 percent of— (1) the budget authority provided (or obligation limitation imposed) for fiscal year 2005 for any non-defense, non-homeland-security discretionary account in any fiscal year 2005 appropriation Act; (2) the budget authority provided in any advance appropriation for fiscal year 2005 for any non-defense, non-homeland-security discretionary account in any prior fiscal year appropriation Act; and (3) the contract authority provided in fiscal year 2005 for any program that is subject to a limitation contained in any fiscal year 2005 appropriation Act for any non-defense, non-homeland-security discretionary account. (b) Non-defense, Non-homeland-security discretionary account \nFor purposes of subsection (a), the term non-defense, non-homeland security discretionary account means any discretionary account, other than— (1) any account included in a Department of Defense Appropriations Act; (2) any account included in a Department of Homeland Security Appropriations Act; (3) any account included in a Military Construction Appropriations Act; or (4) any account for Department of Energy defense activities included in an Energy and Water Development Appropriations Act. (c) Proportionate application \nAny rescission made by subsection (a) shall be applied proportionately— (1) to each discretionary account and each item of budget authority described in such subsection; and (2) within each such account and item, to each program, project, and activity (with programs, projects, and activities as delineated in the appropriation Act or accompanying reports for the relevant fiscal year covering such account or item, or for accounts and items not included in appropriation Acts, as delineated in the most recently submitted President's budget). (d) Subsequent appropriation laws \nIn the case of any fiscal year 2005 appropriation Act enacted after the enactment of this section, any rescission required by subsection (a) shall take effect immediately after the enactment of such Act. (e) OMB report \nWithin 30 days after the enactment of this section (or, if later, 30 days after the enactment of any fiscal year 2005 appropriation Act), the Director of the Office of Management and Budget shall submit to the Committees on Appropriations of the House of Representatives and the Senate a report specifying the account and amount of each rescission made pursuant to subsection (a).", "id": "HADAB455689494E8984DC679D6EA7FC4E", "header": "Across-the-board rescissions in non-defense, non-homeland-security discretionary spending for fiscal year 2005", "nested": [ { "text": "(a) Across-the-board rescissions \nThere is hereby rescinded an amount equal to 2 percent of— (1) the budget authority provided (or obligation limitation imposed) for fiscal year 2005 for any non-defense, non-homeland-security discretionary account in any fiscal year 2005 appropriation Act; (2) the budget authority provided in any advance appropriation for fiscal year 2005 for any non-defense, non-homeland-security discretionary account in any prior fiscal year appropriation Act; and (3) the contract authority provided in fiscal year 2005 for any program that is subject to a limitation contained in any fiscal year 2005 appropriation Act for any non-defense, non-homeland-security discretionary account.", "id": "HDC7EAC1DA6094F6987D262F1FD116870", "header": "Across-the-board rescissions", "nested": [], "links": [] }, { "text": "(b) Non-defense, Non-homeland-security discretionary account \nFor purposes of subsection (a), the term non-defense, non-homeland security discretionary account means any discretionary account, other than— (1) any account included in a Department of Defense Appropriations Act; (2) any account included in a Department of Homeland Security Appropriations Act; (3) any account included in a Military Construction Appropriations Act; or (4) any account for Department of Energy defense activities included in an Energy and Water Development Appropriations Act.", "id": "H4A1A7408F0A046B0A314D6312FE4AC26", "header": "Non-defense, Non-homeland-security discretionary account", "nested": [], "links": [] }, { "text": "(c) Proportionate application \nAny rescission made by subsection (a) shall be applied proportionately— (1) to each discretionary account and each item of budget authority described in such subsection; and (2) within each such account and item, to each program, project, and activity (with programs, projects, and activities as delineated in the appropriation Act or accompanying reports for the relevant fiscal year covering such account or item, or for accounts and items not included in appropriation Acts, as delineated in the most recently submitted President's budget).", "id": "H334CE6BF6B6C42F0A811FF848FAE9DC8", "header": "Proportionate application", "nested": [], "links": [] }, { "text": "(d) Subsequent appropriation laws \nIn the case of any fiscal year 2005 appropriation Act enacted after the enactment of this section, any rescission required by subsection (a) shall take effect immediately after the enactment of such Act.", "id": "HBF0455C86E8A4D7EB027003412BA6493", "header": "Subsequent appropriation laws", "nested": [], "links": [] }, { "text": "(e) OMB report \nWithin 30 days after the enactment of this section (or, if later, 30 days after the enactment of any fiscal year 2005 appropriation Act), the Director of the Office of Management and Budget shall submit to the Committees on Appropriations of the House of Representatives and the Senate a report specifying the account and amount of each rescission made pursuant to subsection (a).", "id": "H5CBAC7147B50496BAB948C59222F4370", "header": "OMB report", "nested": [], "links": [] } ], "links": [] } ]

[ "Appropriations Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H92493AF4B6A44EC0A00000ADF0358E87", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Capital gains treatment for certain self-created musical works \n(a) In general \nSubsection (b) of section 1221 of the Internal Revenue Code of 1986 (relating to capital asset defined) is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following new paragraph: (3) Sale or exchange of self-created musical works \nAt the election of the taxpayer, paragraphs (1) and (3) of subsection (a) shall not apply with respect to any sale or exchange of musical compositions or copyrights in musical works by a taxpayer described in subsection (a)(3).. (b) Limitation on charitable contributions \nSubparagraph (A) of section 170(e)(1) of the Internal Revenue Code of 1986 is amended by inserting (determined without regard to section 1221(b)(3)) after long-term capital gain. (c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.", "id": "HE68A2EFF9A3B4EC0B8B1A12B43E68600", "header": "Capital gains treatment for certain self-created musical works", "nested": [ { "text": "(a) In general \nSubsection (b) of section 1221 of the Internal Revenue Code of 1986 (relating to capital asset defined) is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following new paragraph: (3) Sale or exchange of self-created musical works \nAt the election of the taxpayer, paragraphs (1) and (3) of subsection (a) shall not apply with respect to any sale or exchange of musical compositions or copyrights in musical works by a taxpayer described in subsection (a)(3)..", "id": "HE519BACAA10A458995E274504F70786E", "header": "In general", "nested": [], "links": [ { "text": "section 1221", "legal-doc": "usc", "parsable-cite": "usc/26/1221" } ] }, { "text": "(b) Limitation on charitable contributions \nSubparagraph (A) of section 170(e)(1) of the Internal Revenue Code of 1986 is amended by inserting (determined without regard to section 1221(b)(3)) after long-term capital gain.", "id": "H27CF3FF909A94F189292FF7FE60486FE", "header": "Limitation on charitable contributions", "nested": [], "links": [ { "text": "section 170(e)(1)", "legal-doc": "usc", "parsable-cite": "usc/26/170" } ] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.", "id": "H62FBD3E2C22F49FEBD18945EA7E3DCF3", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "section 1221", "legal-doc": "usc", "parsable-cite": "usc/26/1221" }, { "text": "section 170(e)(1)", "legal-doc": "usc", "parsable-cite": "usc/26/170" } ] } ]

[ "Ways and Means Committee" ]

[ { "text": "1. Short Title \nThis Act may be cited as the Emergency Relief for Caribbean Nationals Act.", "id": "H8AD347FF8A67432E933341F10025D3AE", "header": "Short Title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds the following: (1) Haiti, Grenada, and the Cayman Islands have been severely devastated by Tropical Storm Jeanne and Hurricane Ivan. (2) On September 16, 2004, Tropical Storm Jeanne struck the Dominican Republic and Haiti. (3) In Haiti, more than 1,500 people are known dead while more than 1,000 people are missing as a result of Tropical Storm Jeanne. (4) After visiting the stricken northern city of Gonoies, Haiti, Prime Minister Gerard Latortue stated We have a problem with bodies: there is a risk of epidemic. If you can picture this: there is no electricity, the morgues are not working, there is water everywhere.. (5) A United Nations spokesman stated that the corpses of victims of Tropical Storm Jeanne in Haiti had to be buried in mass graves as soon as possible to stop disease from spreading. (6) Dieufort Deslorges, spokesman for the civil protection agency of Haiti, stated that 250,000 people were homeless across the country and at least 4,000 homes were destroyed with thousands more damaged as a result of the storm. (7) When Tropical Storm Jeanne hit, Haiti was already struggling to deal with political instability and the aftermath of serious floods that occurred in May 2004. (8) Hurricane Ivan killed 39 people in Grenada and left 40,000 of its 90,000 inhabitants living in a few hundred houses, schools, and churches that have been converted into shelters. (9) Prime Minister of Grenada Keith Mitchell, whose official residence was destroyed by Hurricane Ivan, declared a national disaster and stated that the island was 90 percent devastated. (10) Hurricane Ivan struck St. George, the capital of Grenada, with 125 mile per hour winds that flattened homes, disrupted power, damaged the main hospital, and destroyed the emergency operations center, the main prison, and many schools. (11) On September 15, 2004, electrical engineers funded by the Office of United States Foreign Disaster Assistance of the United States Agency for International Development assessed damage across Grenada and estimated that 85 to 90 percent of the electricity systems on the west and north coasts of Grenada had been destroyed. (12) In Grenada, an environmental health hazard has arisen as runoff, which contains pathogens from several sources including human waste, is contaminating rivers where people wash and bathe. (13) As of September 10, 2004, there were widespread reports of looting in Grenada. American students at St. George’s University in Grenada told the Associated Press news agency that they felt unsafe and had armed themselves against looters with knives, sticks, and pepper spray. (14) Grenada may need as much as $2,200,000,000, or four times its annual economic output, to rebuild after the devastation caused by Hurricane Ivan. (15) The assistance needed to rebuild Grenada must come from abroad as the main industries of Grenada, nutmeg exports and tourism, have been devastated by the storm. (16) Hurricane Ivan, the strongest storm to hit the Caribbean region in a decade, struck the Cayman Islands with 150 mile per hour winds that tore roofs off houses, uprooted trees, and caused flooding across the British territory. (17) International media sources reported that the Cayman Islands sustained extreme damage as a result of Hurricane Ivan. Local authorities report that 15 to 20 percent of homes on the eastern part of the Cayman Islands were completely destroyed and another 50 percent suffered significant damage. (18) The unusual hurricane activity in the Caribbean region during 2004 has created an extraordinary and temporary condition in Haiti, Grenada, and the Cayman Islands that prevents nationals of those countries who are in the United States from returning to their homes. (19) Temporary protected status allows aliens who do not legally qualify as refugees but are nonetheless fleeing or reluctant to return to potentially dangerous situations to temporarily remain in the United States. (20) Granting temporary protected status to nationals of Haiti, Grenada, and the Cayman Islands is consistent with the interest of the United States and promotes the values and morals that have made the United States strong. (21) The extraordinary and temporary conditions caused by nature and resulting in floods, epidemics, and other environmental disasters in Haiti, Grenada, and the Cayman Islands should make the nationals of those countries eligible for temporary protected status.", "id": "HE1CC51B6FD1A402B810003EAA6E51C9", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Designation for purposes of granting temporary protected status to Haitians, Grenadians, and Caymanians \n(a) Designation \n(1) In General \nFor purposes of section 244 of the Immigration and Nationality Act ( 8 U.S.C. 1254a ), Haiti, Grenada, and the Cayman Islands shall be treated as if such countries had been designated under subsection (b) of that section, subject to the provisions of this section. (2) Period of Designation \nThe initial period of such designation shall begin on the date of enactment of this Act and shall remain in effect for 18 months. (b) Aliens Eligible \nIn applying section 244 of the Immigration and Nationality Act ( 8 U.S.C. 1254a ) pursuant to the designation made under this section, subject to section 244(c)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1254a(c)(3) ), an alien who is a national of Haiti, Grenada, or the Cayman Islands meets the requirements of section 244(c)(1) of that Act ( 8 U.S.C. 1254a(c)(1) ) only if— (1) the alien has been continuously physically present in the United States since September 7, 2004; (2) the alien is admissible as an immigrant, except as otherwise provided under section 244(c)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1254a(c)(2)(A) ), and is not ineligible for temporary protected status under section 244(c)(2)(B) of that Act ( 8 U.S.C. 1254a(c)(2)(B) ); and (3) the alien registers for temporary protected status in a manner that the Secretary of Homeland Security shall establish. (c) Consent to travel abroad \nThe Secretary of Homeland Security shall give the prior consent to travel abroad described in section 244(f)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1254a(f)(3) ) to an alien who is granted temporary protected status pursuant to the designation made under this section, if the alien establishes to the satisfaction of the Secretary of Homeland Security that emergency and extenuating circumstances beyond the control of the alien require the alien to depart for a brief, temporary trip abroad. An alien returning to the United States in accordance with such an authorization shall be treated the same as any other returning alien provided temporary protected status under section 244 of the Immigration and Nationality Act ( 8 U.S.C. 1254a ).", "id": "H9BB69B5143D5451EA2EB217C5D5F9CB8", "header": "Designation for purposes of granting temporary protected status to Haitians, Grenadians, and Caymanians", "nested": [ { "text": "(a) Designation \n(1) In General \nFor purposes of section 244 of the Immigration and Nationality Act ( 8 U.S.C. 1254a ), Haiti, Grenada, and the Cayman Islands shall be treated as if such countries had been designated under subsection (b) of that section, subject to the provisions of this section. (2) Period of Designation \nThe initial period of such designation shall begin on the date of enactment of this Act and shall remain in effect for 18 months.", "id": "H755795FAF17B4025970075C379DEC876", "header": "Designation", "nested": [], "links": [ { "text": "8 U.S.C. 1254a", "legal-doc": "usc", "parsable-cite": "usc/8/1254a" } ] }, { "text": "(b) Aliens Eligible \nIn applying section 244 of the Immigration and Nationality Act ( 8 U.S.C. 1254a ) pursuant to the designation made under this section, subject to section 244(c)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1254a(c)(3) ), an alien who is a national of Haiti, Grenada, or the Cayman Islands meets the requirements of section 244(c)(1) of that Act ( 8 U.S.C. 1254a(c)(1) ) only if— (1) the alien has been continuously physically present in the United States since September 7, 2004; (2) the alien is admissible as an immigrant, except as otherwise provided under section 244(c)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1254a(c)(2)(A) ), and is not ineligible for temporary protected status under section 244(c)(2)(B) of that Act ( 8 U.S.C. 1254a(c)(2)(B) ); and (3) the alien registers for temporary protected status in a manner that the Secretary of Homeland Security shall establish.", "id": "H70FC374D616B4433BA27090238A6278", "header": "Aliens Eligible", "nested": [], "links": [ { "text": "8 U.S.C. 1254a", "legal-doc": "usc", "parsable-cite": "usc/8/1254a" }, { "text": "8 U.S.C. 1254a(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/8/1254a" }, { "text": "8 U.S.C. 1254a(c)(1)", "legal-doc": "usc", "parsable-cite": "usc/8/1254a" }, { "text": "8 U.S.C. 1254a(c)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/8/1254a" }, { "text": "8 U.S.C. 1254a(c)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/8/1254a" } ] }, { "text": "(c) Consent to travel abroad \nThe Secretary of Homeland Security shall give the prior consent to travel abroad described in section 244(f)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1254a(f)(3) ) to an alien who is granted temporary protected status pursuant to the designation made under this section, if the alien establishes to the satisfaction of the Secretary of Homeland Security that emergency and extenuating circumstances beyond the control of the alien require the alien to depart for a brief, temporary trip abroad. An alien returning to the United States in accordance with such an authorization shall be treated the same as any other returning alien provided temporary protected status under section 244 of the Immigration and Nationality Act ( 8 U.S.C. 1254a ).", "id": "H92010CF9EFD34266BF5DB1FDCD890721", "header": "Consent to travel abroad", "nested": [], "links": [ { "text": "8 U.S.C. 1254a(f)(3)", "legal-doc": "usc", "parsable-cite": "usc/8/1254a" }, { "text": "8 U.S.C. 1254a", "legal-doc": "usc", "parsable-cite": "usc/8/1254a" } ] } ], "links": [ { "text": "8 U.S.C. 1254a", "legal-doc": "usc", "parsable-cite": "usc/8/1254a" }, { "text": "8 U.S.C. 1254a", "legal-doc": "usc", "parsable-cite": "usc/8/1254a" }, { "text": "8 U.S.C. 1254a(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/8/1254a" }, { "text": "8 U.S.C. 1254a(c)(1)", "legal-doc": "usc", "parsable-cite": "usc/8/1254a" }, { "text": "8 U.S.C. 1254a(c)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/8/1254a" }, { "text": "8 U.S.C. 1254a(c)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/8/1254a" }, { "text": "8 U.S.C. 1254a(f)(3)", "legal-doc": "usc", "parsable-cite": "usc/8/1254a" }, { "text": "8 U.S.C. 1254a", "legal-doc": "usc", "parsable-cite": "usc/8/1254a" } ] } ]

[ "Judiciary Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H3BFB4265C5844ED59107448DCF4FE89", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Animal identification plan \nSection 10411 of the Animal Health Protection Act ( 7 U.S.C. 8310 ) is amended by adding at the end the following: (f) Animal identification plan \n(1) Definition of animal identification plan \n(A) In general \nThe term animal identification plan means the United States Animal Identification Plan developed by the National Animal Identification Development Team. (B) Inclusions \nThe term animal identification plan includes— (i) the operational premises identification allocation system; (ii) the operational certification system able to certify State premises and animal number allocation systems; (iii) the operational premises repository; and (iv) the operational identification database. (2) Implementation priority \nSubject to the availability of appropriations and cost-share agreements, the Secretary shall implement the animal identification plan— (A) for beef and dairy cattle that are at least 30 months old on the date of enactment of this subsection, not later than 60 days after the date of enactment of this subsection; (B) for all other beef and dairy cattle, not later than 90 days after the date of the enactment of this subsection; (C) for all other ruminate livestock, not later than 180 days after the date of enactment of this subsection; and (D) for all other livestock, not later than 1 year after the date of enactment of this subsection. (3) Participation by State and third-party vendors \nThe Secretary may enter into agreements to collect information for the animal identification plan with States or third-party vendors that meet the requirements of the animal identification plan. (4) Confidentiality of information \n(A) In general \nIn implementing the animal identification plan, the Secretary shall ensure the privacy of producers by— (i) collecting only data necessary to establish and maintain the animal identification plan; and (ii) maintaining the confidentiality of information collected from producers. (B) Nonapplication of foia \nSection 552 of title 5, United States Code, shall not apply to the animal identification plan. (C) Application of privacy Act \nSection 552a of title 5, United States Code, shall apply to any information collected to implement this subsection. (5) Financial assistance \nThe Secretary may provide financial assistance to producers to assist the producers in complying with the animal identification plan. (6) Authorization of appropriations \n(A) In general \nThere is authorized to be appropriated to carry out this subsection $50,000,000 for fiscal year 2004, of which at least $25,000,000 shall be available to carry out paragraph (5). (B) Use of Commodity Credit Corporation funds \nSubject to subparagraph (C), if less than $50,000,000 is appropriated for fiscal year 2004, the Secretary may use up to $50,000,000 of the funds of the Commodity Credit Corporation to carry out this subsection. (C) Limitation on amount of funds \nNo more than $50,000,000 may be used to carry out this subsection..", "id": "H99907C7463914ABBA2173E9386876442", "header": "Animal identification plan", "nested": [], "links": [ { "text": "7 U.S.C. 8310", "legal-doc": "usc", "parsable-cite": "usc/7/8310" }, { "text": "Section 552", "legal-doc": "usc", "parsable-cite": "usc/5/552" }, { "text": "Section 552a", "legal-doc": "usc", "parsable-cite": "usc/5/552a" } ] }, { "text": "3. Ruminant feed ban \n(a) In general \nThe Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall— (1) monitor the implementation of section 589.2000 of title 21, Code of Federal Regulations (relating to animal proteins prohibited in ruminant feed); (2) conduct an annual formal evaluation of the effectiveness and implementation of that section; and (3) submit to Congress an annual report that describes the formal evaluation. (b) Enforcement plan \n(1) In general \nThe Secretary shall develop and implement a plan for enforcing section 589.2000 of title 21, Code of Federal Regulations. (2) Inclusions \nThe plan shall include— (A) a hierarchy of enforcement actions to be taken; (B) a timeframe to allow a person subject to section 589.2000 of title 21, Code of Federal Regulations, to correct violations; and (C) a timeframe for subsequent inspections to confirm that violations have been corrected.", "id": "HEF98889FAB28487D80A8F57CCBE444EE", "header": "Ruminant feed ban", "nested": [ { "text": "(a) In general \nThe Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall— (1) monitor the implementation of section 589.2000 of title 21, Code of Federal Regulations (relating to animal proteins prohibited in ruminant feed); (2) conduct an annual formal evaluation of the effectiveness and implementation of that section; and (3) submit to Congress an annual report that describes the formal evaluation.", "id": "H1794F7B7150949EB9D8500E3365E9C78", "header": "In general", "nested": [], "links": [ { "text": "section 589.2000", "legal-doc": "cfr", "parsable-cite": "cfr/21/589.2000" } ] }, { "text": "(b) Enforcement plan \n(1) In general \nThe Secretary shall develop and implement a plan for enforcing section 589.2000 of title 21, Code of Federal Regulations. (2) Inclusions \nThe plan shall include— (A) a hierarchy of enforcement actions to be taken; (B) a timeframe to allow a person subject to section 589.2000 of title 21, Code of Federal Regulations, to correct violations; and (C) a timeframe for subsequent inspections to confirm that violations have been corrected.", "id": "HC39CAB059CAE4524927752AD03C5B5F", "header": "Enforcement plan", "nested": [], "links": [ { "text": "section 589.2000", "legal-doc": "cfr", "parsable-cite": "cfr/21/589.2000" }, { "text": "section 589.2000", "legal-doc": "cfr", "parsable-cite": "cfr/21/589.2000" } ] } ], "links": [ { "text": "section 589.2000", "legal-doc": "cfr", "parsable-cite": "cfr/21/589.2000" }, { "text": "section 589.2000", "legal-doc": "cfr", "parsable-cite": "cfr/21/589.2000" }, { "text": "section 589.2000", "legal-doc": "cfr", "parsable-cite": "cfr/21/589.2000" } ] } ]

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

[ { "text": "1. Short title \nThis Act may be cited as the Mercury-Free Vaccines Act of 2004.", "id": "HC0A91D9CA7224800A9EA2DE083472889", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nThe Congress finds as follows: (1) In July 1999, the Public Health Service and the American Academy of Pediatrics issued a joint statement, which was later endorsed by the American Academy of Family Physicians, proclaiming: [The] Public Health Service, the American Academy of Pediatrics, and vaccine manufacturers agree that thimerosal-containing vaccines should be removed as soon as possible. Similar conclusions were reached this year in a meeting attended by European regulatory agencies, the European vaccine manufacturers, and the US FDA which examined the use of thimerosal-containing vaccines produced or sold in European countries.. (2) In July 2000, the Public Health Service, the Advisory Commission on Immunization Practices, the American Academy of Pediatrics, and the American Academy of Family Physicians issued a joint statement, providing: The AAFP, [the] AAP, and the PHS in consultation with the ACIP reaffirm the goal set in July 1999 to remove or greatly reduce thimerosal from vaccines as soon as possible for the following reasons: 1) the removal or substantial reduction of thimerosal from vaccines is feasible, 2) the progress in removal which has been made to date is substantial, 3) the discussions between the Food and Drug Administration and the vaccine manufacturers in removing thimerosal are ongoing, and 4) the public concern about the use of mercury of any sort remains high. Based on information from the FDA and manufacturers, the PHS projects that the United States will complete its transition to a secure routine pediatric vaccine supply free of thimerosal as a preservative (i.e. at least two vaccine products each for Hep B, Hib, and DTaP) by the first quarter of 2001.. (3) The Institute of Medicine’s Immunization Review Committee concluded that significant reasons existed for continued public health attention to concerns about thimerosal exposure and neurodevelopmental disorders and recommended the removal of thimerosal from vaccines administered to children and pregnant women. (4) Federal regulatory agencies and manufacturers have taken positive steps to remove thimerosal from some medical products, most notably routinely administered childhood vaccines. (5) Considerable progress has been made in reducing mercury exposures from childhood vaccines, yet 5 years after the July 1999 statement, thimerosal remains in several nonroutinely administered childhood vaccines. (6) There is no law or regulation to prohibit the reintroduction of thimerosal into any products from which it has been removed, leaving open the possibility that it may be reintroduced at some point in the future. (7) The Environmental Protection Agency has estimated that as many as 1 in 6 infants are born with a blood mercury level that exceeds the Agency’s safety threshold. (8) Cumulative exposures to mercury, a neurotoxin, are known to cause harm, particularly in young children and pregnant women. (9) Taking steps to reduce mercury exposures through vaccines is an important way to reduce direct exposures to mercury and mercury compounds.", "id": "H88A597D064DA475EADB92CB3C94E79B", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Banned mercury-containing vaccines \n(a) Prohibition \nSection 501 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 351 ) is amended by adding at the end the following: (h) If it is a banned mercury-containing vaccine under section 351B of the Public Health Service Act.. (b) Amendment to PHSA \nTitle III of the Public Health Service Act ( 42 U.S.C. 241 et seq. ) is amended by inserting after section 351A the following: 351B. Banned mercury-containing vaccines \n(a) In general \nFor purposes of section 501(h) of the Federal Food, Drug, and Cosmetic Act, and subject to subsection (b), a vaccine is a banned mercury-containing vaccine under this section if— (1) 1 dose of the vaccine contains 1 or more micrograms of mercury in any form; or (2) the vaccine contains any quantity of thimerosal and is listed in the current version of the recommended childhood and adolescent immunization schedule of the Centers for Disease Control and Prevention. (b) Public health emergency exception \n(1) Exception \nSubsection (h) of section 501 of the Federal Food, Drug, and Cosmetic Act shall not apply to a vaccine during the effective period of a declaration issued by the Secretary for such vaccine under this section. (2) Declaration \nThe Secretary may issue a declaration concluding that an actual or potential bioterrorist incident or other actual or potential public health emergency makes advisable the administration of a vaccine described in subsection (a) notwithstanding the mercury or thimerosal content of such vaccine. (3) Limitation \nThe Secretary— (A) shall specify in any declaration under this section the beginning and ending dates of the effective period of the declaration; and (B) may not specify any such effective period that exceeds 12 months. (4) Renewals \nAt the end of the effective period of any declaration under this section, the Secretary, subject to paragraph (3), may issue another declaration for the same incident or public health emergency. (5) Publication \nThe Secretary shall promptly publish each declaration under this section in the Federal Register. (c) Effective dates \n(1) Mercury-containing vaccines \nIn the case of a vaccine described in subsection (a)(1), the amendments made by this section apply only to vaccines introduced, or delivered for introduction, into interstate commerce on or after the following: (A) July 1, 2004, if the vaccine is an influenza vaccine. (B) January 1, 2005, if the vaccine (other than an influenza vaccine) is listed in the January–June 2004 version of the recommended childhood and adolescent immunization schedule of the Centers for Disease Control and Prevention. (C) January 1, 2006, in the case of any vaccine not described in subparagraph (A) or (B). (2) Thimerosal-containing vaccines \nIn the case of a vaccine that is not described in subsection (a)(1), but is described in subsection (a)(2), the amendments made by this section apply only to vaccines introduced, or delivered for introduction, into interstate commerce on or after January 1, 2007..", "id": "HE0E6EDA9E6BA4204A4B3CDF0BB48FC36", "header": "Banned mercury-containing vaccines", "nested": [ { "text": "(a) Prohibition \nSection 501 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 351 ) is amended by adding at the end the following: (h) If it is a banned mercury-containing vaccine under section 351B of the Public Health Service Act..", "id": "H3BE36F400939481B00A24B1C5147CDCE", "header": "Prohibition", "nested": [], "links": [ { "text": "21 U.S.C. 351", "legal-doc": "usc", "parsable-cite": "usc/21/351" } ] }, { "text": "(b) Amendment to PHSA \nTitle III of the Public Health Service Act ( 42 U.S.C. 241 et seq. ) is amended by inserting after section 351A the following: 351B. Banned mercury-containing vaccines \n(a) In general \nFor purposes of section 501(h) of the Federal Food, Drug, and Cosmetic Act, and subject to subsection (b), a vaccine is a banned mercury-containing vaccine under this section if— (1) 1 dose of the vaccine contains 1 or more micrograms of mercury in any form; or (2) the vaccine contains any quantity of thimerosal and is listed in the current version of the recommended childhood and adolescent immunization schedule of the Centers for Disease Control and Prevention. (b) Public health emergency exception \n(1) Exception \nSubsection (h) of section 501 of the Federal Food, Drug, and Cosmetic Act shall not apply to a vaccine during the effective period of a declaration issued by the Secretary for such vaccine under this section. (2) Declaration \nThe Secretary may issue a declaration concluding that an actual or potential bioterrorist incident or other actual or potential public health emergency makes advisable the administration of a vaccine described in subsection (a) notwithstanding the mercury or thimerosal content of such vaccine. (3) Limitation \nThe Secretary— (A) shall specify in any declaration under this section the beginning and ending dates of the effective period of the declaration; and (B) may not specify any such effective period that exceeds 12 months. (4) Renewals \nAt the end of the effective period of any declaration under this section, the Secretary, subject to paragraph (3), may issue another declaration for the same incident or public health emergency. (5) Publication \nThe Secretary shall promptly publish each declaration under this section in the Federal Register. (c) Effective dates \n(1) Mercury-containing vaccines \nIn the case of a vaccine described in subsection (a)(1), the amendments made by this section apply only to vaccines introduced, or delivered for introduction, into interstate commerce on or after the following: (A) July 1, 2004, if the vaccine is an influenza vaccine. (B) January 1, 2005, if the vaccine (other than an influenza vaccine) is listed in the January–June 2004 version of the recommended childhood and adolescent immunization schedule of the Centers for Disease Control and Prevention. (C) January 1, 2006, in the case of any vaccine not described in subparagraph (A) or (B). (2) Thimerosal-containing vaccines \nIn the case of a vaccine that is not described in subsection (a)(1), but is described in subsection (a)(2), the amendments made by this section apply only to vaccines introduced, or delivered for introduction, into interstate commerce on or after January 1, 2007..", "id": "H1AEB71FB6E784CE9AA8730A13F29F518", "header": "Amendment to PHSA", "nested": [], "links": [ { "text": "42 U.S.C. 241 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/241" } ] } ], "links": [ { "text": "21 U.S.C. 351", "legal-doc": "usc", "parsable-cite": "usc/21/351" }, { "text": "42 U.S.C. 241 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/241" } ] }, { "text": "351B. Banned mercury-containing vaccines \n(a) In general \nFor purposes of section 501(h) of the Federal Food, Drug, and Cosmetic Act, and subject to subsection (b), a vaccine is a banned mercury-containing vaccine under this section if— (1) 1 dose of the vaccine contains 1 or more micrograms of mercury in any form; or (2) the vaccine contains any quantity of thimerosal and is listed in the current version of the recommended childhood and adolescent immunization schedule of the Centers for Disease Control and Prevention. (b) Public health emergency exception \n(1) Exception \nSubsection (h) of section 501 of the Federal Food, Drug, and Cosmetic Act shall not apply to a vaccine during the effective period of a declaration issued by the Secretary for such vaccine under this section. (2) Declaration \nThe Secretary may issue a declaration concluding that an actual or potential bioterrorist incident or other actual or potential public health emergency makes advisable the administration of a vaccine described in subsection (a) notwithstanding the mercury or thimerosal content of such vaccine. (3) Limitation \nThe Secretary— (A) shall specify in any declaration under this section the beginning and ending dates of the effective period of the declaration; and (B) may not specify any such effective period that exceeds 12 months. (4) Renewals \nAt the end of the effective period of any declaration under this section, the Secretary, subject to paragraph (3), may issue another declaration for the same incident or public health emergency. (5) Publication \nThe Secretary shall promptly publish each declaration under this section in the Federal Register. (c) Effective dates \n(1) Mercury-containing vaccines \nIn the case of a vaccine described in subsection (a)(1), the amendments made by this section apply only to vaccines introduced, or delivered for introduction, into interstate commerce on or after the following: (A) July 1, 2004, if the vaccine is an influenza vaccine. (B) January 1, 2005, if the vaccine (other than an influenza vaccine) is listed in the January–June 2004 version of the recommended childhood and adolescent immunization schedule of the Centers for Disease Control and Prevention. (C) January 1, 2006, in the case of any vaccine not described in subparagraph (A) or (B). (2) Thimerosal-containing vaccines \nIn the case of a vaccine that is not described in subsection (a)(1), but is described in subsection (a)(2), the amendments made by this section apply only to vaccines introduced, or delivered for introduction, into interstate commerce on or after January 1, 2007.", "id": "HF388EF2F827E4132BC007539008481DF", "header": "Banned mercury-containing vaccines", "nested": [ { "text": "(a) In general \nFor purposes of section 501(h) of the Federal Food, Drug, and Cosmetic Act, and subject to subsection (b), a vaccine is a banned mercury-containing vaccine under this section if— (1) 1 dose of the vaccine contains 1 or more micrograms of mercury in any form; or (2) the vaccine contains any quantity of thimerosal and is listed in the current version of the recommended childhood and adolescent immunization schedule of the Centers for Disease Control and Prevention.", "id": "H36D61D7D8BCF49E2BEFDFB9FC38D740", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Public health emergency exception \n(1) Exception \nSubsection (h) of section 501 of the Federal Food, Drug, and Cosmetic Act shall not apply to a vaccine during the effective period of a declaration issued by the Secretary for such vaccine under this section. (2) Declaration \nThe Secretary may issue a declaration concluding that an actual or potential bioterrorist incident or other actual or potential public health emergency makes advisable the administration of a vaccine described in subsection (a) notwithstanding the mercury or thimerosal content of such vaccine. (3) Limitation \nThe Secretary— (A) shall specify in any declaration under this section the beginning and ending dates of the effective period of the declaration; and (B) may not specify any such effective period that exceeds 12 months. (4) Renewals \nAt the end of the effective period of any declaration under this section, the Secretary, subject to paragraph (3), may issue another declaration for the same incident or public health emergency. (5) Publication \nThe Secretary shall promptly publish each declaration under this section in the Federal Register.", "id": "H0EFB1F63D3254CB50035C41400AEC004", "header": "Public health emergency exception", "nested": [], "links": [] }, { "text": "(c) Effective dates \n(1) Mercury-containing vaccines \nIn the case of a vaccine described in subsection (a)(1), the amendments made by this section apply only to vaccines introduced, or delivered for introduction, into interstate commerce on or after the following: (A) July 1, 2004, if the vaccine is an influenza vaccine. (B) January 1, 2005, if the vaccine (other than an influenza vaccine) is listed in the January–June 2004 version of the recommended childhood and adolescent immunization schedule of the Centers for Disease Control and Prevention. (C) January 1, 2006, in the case of any vaccine not described in subparagraph (A) or (B). (2) Thimerosal-containing vaccines \nIn the case of a vaccine that is not described in subsection (a)(1), but is described in subsection (a)(2), the amendments made by this section apply only to vaccines introduced, or delivered for introduction, into interstate commerce on or after January 1, 2007.", "id": "H4267A7DFB4E04C2281A506E953388C1", "header": "Effective dates", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Information on thimerosal content \nSection 2126 of the Public Health Service Act ( 42 U.S.C. 300aa–26 ) is amended by adding at the end the following: (e) Thimerosal content \nNot later than 2 months after the date of the enactment of this subsection, the Secretary shall revise the vaccine information materials developed and disseminated under this section to ensure that, in the case of any vaccine described in subsection (a) that contains thimerosal, the materials include— (1) a statement indicating the presence of thimerosal in the vaccine; (2) information on the availability of any thimerosal-free or thimerosal-reduced alternative vaccine and instructions on how to obtain such alternative vaccine; and (3) a recommendation against administration of any thimerosal-containing vaccine to a pregnant woman..", "id": "H807279739EE944AC993151FD14006F70", "header": "Information on thimerosal content", "nested": [], "links": [ { "text": "42 U.S.C. 300aa–26", "legal-doc": "usc", "parsable-cite": "usc/42/300aa-26" } ] }, { "text": "5. Sense of Congress \nIt is the sense of the Congress that the Director of the Centers for Disease Control and Prevention should include, in any information disseminated by the Centers to the public or to health care providers relating to the administration of vaccines, a recommendation against administration of any thimerosal-containing vaccine to a pregnant woman.", "id": "HD3CF0CBB6A2141C8B45563D535EBEF15", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "6. Report to Congress \nNot later than 1 year after the date of the enactment of this Act, and annually thereafter, the Commissioner of Food and Drugs shall submit a report to the Congress annually on the progress of the Commissioner in removing mercury from vaccines.", "id": "HE9B479F4711547F4A89385DCD1766E5B", "header": "Report to Congress", "nested": [], "links": [] } ]

[ "Energy and Commerce Committee" ]

[ { "text": "1. Denial of foreign tax credit for taxes paid to Sudan until steps are taken to end genocide \nSection 901(j)(2) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (C) Special rule for Sudan \nIn addition to any period during which this subsection would otherwise apply to Sudan, this subsection shall apply to Sudan during the period— (i) beginning on the date of the enactment of this subparagraph, and (ii) ending on the date the Secretary of State determines and certifies to the Secretary of the Treasury that the Government of Sudan has ceased to support acts of genocide in the Darfur region of Sudan, and has taken demonstrable steps to— (I) end acts of genocide in the Darfur region of Sudan, (II) ensure that the armed forces of Sudan and any associated militias are not attacking civilians or obstructing human rights monitors or the provision of humanitarian assistance, (III) demobilize and disarm militias supported or created by the Government of Sudan, (IV) allow full and unfettered access for the provision of humanitarian assistance to all regions of Sudan, including Darfur, and (V) cooperate fully with the African Union, the United Nations, and all other observer, monitoring, and protection missions mandated to operate in Sudan..", "id": "H7F2AF4668B564E85B08B593FC96FF033", "header": "Denial of foreign tax credit for taxes paid to Sudan until steps are taken to end genocide", "nested": [], "links": [ { "text": "Section 901(j)(2)", "legal-doc": "usc", "parsable-cite": "usc/26/901" } ] } ]

[ "Ways and Means Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Children's Health Equity Technical Amendments Act of 2004.", "id": "H65AF197A6F1A4208A2D6BC7F5C12EFF6", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Authority for qualifying states to use portion of SCHIP allotment for any fiscal year for certain medicaid expenditures \n(a) In general \nSection 2105(g)(1)(A) of the Social Security Act ( 42 U.S.C. 1397ee(g)(1)(A) ) (as added by section 1(b) of Public Law 108–74 ) is amended by striking , 1999, 2000, or 2001 and inserting and any fiscal year thereafter. (b) Special rule for use of allotments for fiscal year 2002 or thereafter \nSection 2105(g) of the Social Security Act ( 42 U.S.C. 1397ee(g) ) (as so added and as amended by Public Law 108–127 ) is amended— (1) in paragraph (2), by striking In this subsection and inserting Subject to paragraph (4), in this subsection ; and (2) by adding at the end the following: (4) Special rule regarding authority to use portion of allotments for fiscal year 2002 or thereafter \nNotwithstanding paragraph (2), the authority provided under paragraph (1)(A) with respect to any allotment under section 2104 for fiscal year 2002 or any fiscal year thereafter (insofar as the allotment is available under subsections (e) and (g) of such section), shall only apply to a qualifying State if the State has implemented at least 3 of the following policies and procedures (relating to coverage of children under title XIX and this title): (A) Uniform, simplified application form \nWith respect to children who are eligible for medical assistance under section 1902(a)(10)(A), the State uses the same uniform, simplified application form (including, if applicable, permitting application other than in person) for purposes of establishing eligibility for benefits under title XIX and this title. (B) Elimination of asset test \nThe State does not apply any asset test for eligibility under section 1902(l) or this title with respect to children. (C) Adoption of 12-month continuous enrollment \nThe State provides that eligibility shall not be regularly redetermined more often than once every year under this title or for children described in section 1902(a)(10)(A). (D) Same verification and redetermination policies; automatic reassessment of eligibility \nWith respect to children who are eligible for medical assistance under section 1902(a)(10)(A), the State provides for initial eligibility determinations and redeterminations of eligibility using the same verification policies (including with respect to face-to-face interviews), forms, and frequency as the State uses for such purposes under this title, and, as part of such redeterminations, provides for the automatic reassessment of the eligibility of such children for assistance under title XIX and this title. (E) Outstationing enrollment staff \nThe State provides for the receipt and initial processing of applications for benefits under this title and for children under title XIX at facilities defined as disproportionate share hospitals under section 1923(a)(1)(A) and Federally-qualified health centers described in section 1905(l)(2)(B) consistent with section 1902(a)(55).. (c) Conforming amendment \nSection 2105(g)(3) of the Social Security Act ( 42 U.S.C. 1397ee(g)(3) ) is amended by striking paragraphs (1) and (2) and inserting this subsection. (d) Effective date \nThe amendments made by this section take effect as if enacted on October 1, 2003.", "id": "H9D2DE58B4F0E4758B92F42A8DC71A1BE", "header": "Authority for qualifying states to use portion of SCHIP allotment for any fiscal year for certain medicaid expenditures", "nested": [ { "text": "(a) In general \nSection 2105(g)(1)(A) of the Social Security Act ( 42 U.S.C. 1397ee(g)(1)(A) ) (as added by section 1(b) of Public Law 108–74 ) is amended by striking , 1999, 2000, or 2001 and inserting and any fiscal year thereafter.", "id": "H7692CE5EE4B84FF48E82EA0005D729F0", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 1397ee(g)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/1397ee" }, { "text": "Public Law 108–74", "legal-doc": "public-law", "parsable-cite": "pl/108/74" } ] }, { "text": "(b) Special rule for use of allotments for fiscal year 2002 or thereafter \nSection 2105(g) of the Social Security Act ( 42 U.S.C. 1397ee(g) ) (as so added and as amended by Public Law 108–127 ) is amended— (1) in paragraph (2), by striking In this subsection and inserting Subject to paragraph (4), in this subsection ; and (2) by adding at the end the following: (4) Special rule regarding authority to use portion of allotments for fiscal year 2002 or thereafter \nNotwithstanding paragraph (2), the authority provided under paragraph (1)(A) with respect to any allotment under section 2104 for fiscal year 2002 or any fiscal year thereafter (insofar as the allotment is available under subsections (e) and (g) of such section), shall only apply to a qualifying State if the State has implemented at least 3 of the following policies and procedures (relating to coverage of children under title XIX and this title): (A) Uniform, simplified application form \nWith respect to children who are eligible for medical assistance under section 1902(a)(10)(A), the State uses the same uniform, simplified application form (including, if applicable, permitting application other than in person) for purposes of establishing eligibility for benefits under title XIX and this title. (B) Elimination of asset test \nThe State does not apply any asset test for eligibility under section 1902(l) or this title with respect to children. (C) Adoption of 12-month continuous enrollment \nThe State provides that eligibility shall not be regularly redetermined more often than once every year under this title or for children described in section 1902(a)(10)(A). (D) Same verification and redetermination policies; automatic reassessment of eligibility \nWith respect to children who are eligible for medical assistance under section 1902(a)(10)(A), the State provides for initial eligibility determinations and redeterminations of eligibility using the same verification policies (including with respect to face-to-face interviews), forms, and frequency as the State uses for such purposes under this title, and, as part of such redeterminations, provides for the automatic reassessment of the eligibility of such children for assistance under title XIX and this title. (E) Outstationing enrollment staff \nThe State provides for the receipt and initial processing of applications for benefits under this title and for children under title XIX at facilities defined as disproportionate share hospitals under section 1923(a)(1)(A) and Federally-qualified health centers described in section 1905(l)(2)(B) consistent with section 1902(a)(55)..", "id": "H6455F56A90C84231839FF896A34F2381", "header": "Special rule for use of allotments for fiscal year 2002 or thereafter", "nested": [], "links": [ { "text": "42 U.S.C. 1397ee(g)", "legal-doc": "usc", "parsable-cite": "usc/42/1397ee" }, { "text": "Public Law 108–127", "legal-doc": "public-law", "parsable-cite": "pl/108/127" } ] }, { "text": "(c) Conforming amendment \nSection 2105(g)(3) of the Social Security Act ( 42 U.S.C. 1397ee(g)(3) ) is amended by striking paragraphs (1) and (2) and inserting this subsection.", "id": "H46AD1CDD9B414733856C6670D03BBC84", "header": "Conforming amendment", "nested": [], "links": [ { "text": "42 U.S.C. 1397ee(g)(3)", "legal-doc": "usc", "parsable-cite": "usc/42/1397ee" } ] }, { "text": "(d) Effective date \nThe amendments made by this section take effect as if enacted on October 1, 2003.", "id": "H91BC72746E934B1198095B75F413DAAA", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1397ee(g)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/1397ee" }, { "text": "Public Law 108–74", "legal-doc": "public-law", "parsable-cite": "pl/108/74" }, { "text": "42 U.S.C. 1397ee(g)", "legal-doc": "usc", "parsable-cite": "usc/42/1397ee" }, { "text": "Public Law 108–127", "legal-doc": "public-law", "parsable-cite": "pl/108/127" }, { "text": "42 U.S.C. 1397ee(g)(3)", "legal-doc": "usc", "parsable-cite": "usc/42/1397ee" } ] } ]

[ "Energy and Commerce Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Agricultural Business Security Tax Credit Act of 2004.", "id": "H16712E9DA04E432C979BC4DEACF6A1B9", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Agricultural chemicals security credit \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. Agricultural chemicals security credit \n(a) In general \nFor purposes of section 38, in the case of an eligible agricultural business, the agricultural chemicals security credit determined under this section for the taxable year is 50 percent of the aggregate amount paid or incurred by the eligible agricultural business for the purpose of protecting any specified hazardous chemicals or any food-use pesticide from unauthorized access. (b) Facility limitation \nThe amount of the credit determined under subsection (a) with respect to any facility for any taxable year shall not exceed— (1) $50,000, reduced by (2) the aggregate amount of credits determined under subsection (a) with respect to such facility for the 5 prior taxable years. (c) Annual limitation \nThe amount of the credit determined under subsection (a) with respect to any taxpayer for any taxable year shall not exceed $2,000,000. (d) Eligible agricultural business \nFor purposes of this section, the term eligible agricultural business means any person in the trade or business of— (1) being a retailer of agricultural products, or (2) manufacturing, formulating, or distributing food-use pesticides. (e) Specified hazardous chemicals \nFor purposes of this section, the term specified hazardous chemical means any extremely hazardous substance listed under section 302(a)(2) of the Emergency Planning and Community Right-to-Know Act of 1986, and any hazardous material listed under section 101 of part 172 of title 49, Code of Federal Regulations, which is held for sale in the trade or business of being a retailer of agricultural products. (f) Food-use pesticide \nFor purposes of this section, the term food-use pesticide means any pesticide (as defined in section 2(u) of the Federal Insecticide, Fungicide, and Rodenticide Act), including all active and inert ingredients thereof, which is customarily used on food, feed, or crops. (g) Controlled groups \nRules similar to the rules of paragraphs (1) and (2) of section 41(f) shall apply for purposes of this section. (h) Regulations \nThe Secretary may prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section, including regulations which— (1) provide for the proper treatment of amounts which are paid or incurred for purpose of protecting any specified hazardous chemical or any food-use pesticide and for other purposes, and (2) provide for the treatment of related properties as one facility for purposes of subsection (b).. (b) Credit allowed as part of general business credit \nSection 38(b) of such Code 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) in the case of an eligible agricultural business (as defined in section 45G(d)), the agricultural chemicals security credit determined under section 45G(a).. (c) No carrybacks \nSubsection (d) of section 39 of such Code (relating to carryback and carryforward of unused credits) is amended by adding at the end the following: (11) No carryback of section 46G credit before effective date \nNo portion of the unused business credit for any taxable year which is attributable to the agricultural chemicals security credit determined under section 45G may be carried back to a taxable year beginning before the date of the enactment of this Act.. (d) Denial of double benefit \nSection 280C of such Code is amended by adding at the end the following new subsection: (d) Credit for security of agricultural chemicals \nNo deduction shall be allowed for that portion of the expenses (otherwise allowable as a deduction) taken into account in determining the credit under section 45G for the taxable year which is equal to the amount of the credit determined for such taxable year under section 45G(a).. (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. Agricultural chemicals security credit. (f) Effective Date \nThe amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act.", "id": "H72C5651D06874806005E6B5DE1FAED00", "header": "Agricultural chemicals security credit", "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. Agricultural chemicals security credit \n(a) In general \nFor purposes of section 38, in the case of an eligible agricultural business, the agricultural chemicals security credit determined under this section for the taxable year is 50 percent of the aggregate amount paid or incurred by the eligible agricultural business for the purpose of protecting any specified hazardous chemicals or any food-use pesticide from unauthorized access. (b) Facility limitation \nThe amount of the credit determined under subsection (a) with respect to any facility for any taxable year shall not exceed— (1) $50,000, reduced by (2) the aggregate amount of credits determined under subsection (a) with respect to such facility for the 5 prior taxable years. (c) Annual limitation \nThe amount of the credit determined under subsection (a) with respect to any taxpayer for any taxable year shall not exceed $2,000,000. (d) Eligible agricultural business \nFor purposes of this section, the term eligible agricultural business means any person in the trade or business of— (1) being a retailer of agricultural products, or (2) manufacturing, formulating, or distributing food-use pesticides. (e) Specified hazardous chemicals \nFor purposes of this section, the term specified hazardous chemical means any extremely hazardous substance listed under section 302(a)(2) of the Emergency Planning and Community Right-to-Know Act of 1986, and any hazardous material listed under section 101 of part 172 of title 49, Code of Federal Regulations, which is held for sale in the trade or business of being a retailer of agricultural products. (f) Food-use pesticide \nFor purposes of this section, the term food-use pesticide means any pesticide (as defined in section 2(u) of the Federal Insecticide, Fungicide, and Rodenticide Act), including all active and inert ingredients thereof, which is customarily used on food, feed, or crops. (g) Controlled groups \nRules similar to the rules of paragraphs (1) and (2) of section 41(f) shall apply for purposes of this section. (h) Regulations \nThe Secretary may prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section, including regulations which— (1) provide for the proper treatment of amounts which are paid or incurred for purpose of protecting any specified hazardous chemical or any food-use pesticide and for other purposes, and (2) provide for the treatment of related properties as one facility for purposes of subsection (b)..", "id": "HB02DBB38D03440EBBBC06D88CD3E477D", "header": "In general", "nested": [], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" } ] }, { "text": "(b) Credit allowed as part of general business credit \nSection 38(b) of such Code 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) in the case of an eligible agricultural business (as defined in section 45G(d)), the agricultural chemicals security credit determined under section 45G(a)..", "id": "HD8D43F0D8AEE49AC9F7CA543E0854E00", "header": "Credit allowed as part of general business credit", "nested": [], "links": [] }, { "text": "(c) No carrybacks \nSubsection (d) of section 39 of such Code (relating to carryback and carryforward of unused credits) is amended by adding at the end the following: (11) No carryback of section 46G credit before effective date \nNo portion of the unused business credit for any taxable year which is attributable to the agricultural chemicals security credit determined under section 45G may be carried back to a taxable year beginning before the date of the enactment of this Act..", "id": "H218208D1F8454770BC59C716E487FC8", "header": "No carrybacks", "nested": [], "links": [] }, { "text": "(d) Denial of double benefit \nSection 280C of such Code is amended by adding at the end the following new subsection: (d) Credit for security of agricultural chemicals \nNo deduction shall be allowed for that portion of the expenses (otherwise allowable as a deduction) taken into account in determining the credit under section 45G for the taxable year which is equal to the amount of the credit determined for such taxable year under section 45G(a)..", "id": "HEEB4BE41BD0449F888D4663D98A969E9", "header": "Denial of double benefit", "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. Agricultural chemicals security credit.", "id": "H0856AED2C4434CBDBAC383E885BC4000", "header": "Clerical amendment", "nested": [], "links": [] }, { "text": "(f) Effective Date \nThe amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act.", "id": "H0CA7AA86000048788CEFF38D1015AB23", "header": "Effective Date", "nested": [], "links": [] } ], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" } ] }, { "text": "45G. Agricultural chemicals security credit \n(a) In general \nFor purposes of section 38, in the case of an eligible agricultural business, the agricultural chemicals security credit determined under this section for the taxable year is 50 percent of the aggregate amount paid or incurred by the eligible agricultural business for the purpose of protecting any specified hazardous chemicals or any food-use pesticide from unauthorized access. (b) Facility limitation \nThe amount of the credit determined under subsection (a) with respect to any facility for any taxable year shall not exceed— (1) $50,000, reduced by (2) the aggregate amount of credits determined under subsection (a) with respect to such facility for the 5 prior taxable years. (c) Annual limitation \nThe amount of the credit determined under subsection (a) with respect to any taxpayer for any taxable year shall not exceed $2,000,000. (d) Eligible agricultural business \nFor purposes of this section, the term eligible agricultural business means any person in the trade or business of— (1) being a retailer of agricultural products, or (2) manufacturing, formulating, or distributing food-use pesticides. (e) Specified hazardous chemicals \nFor purposes of this section, the term specified hazardous chemical means any extremely hazardous substance listed under section 302(a)(2) of the Emergency Planning and Community Right-to-Know Act of 1986, and any hazardous material listed under section 101 of part 172 of title 49, Code of Federal Regulations, which is held for sale in the trade or business of being a retailer of agricultural products. (f) Food-use pesticide \nFor purposes of this section, the term food-use pesticide means any pesticide (as defined in section 2(u) of the Federal Insecticide, Fungicide, and Rodenticide Act), including all active and inert ingredients thereof, which is customarily used on food, feed, or crops. (g) Controlled groups \nRules similar to the rules of paragraphs (1) and (2) of section 41(f) shall apply for purposes of this section. (h) Regulations \nThe Secretary may prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section, including regulations which— (1) provide for the proper treatment of amounts which are paid or incurred for purpose of protecting any specified hazardous chemical or any food-use pesticide and for other purposes, and (2) provide for the treatment of related properties as one facility for purposes of subsection (b).", "id": "HDB22CCE5FD5749E0961E5350F5D1116C", "header": "Agricultural chemicals security credit", "nested": [ { "text": "(a) In general \nFor purposes of section 38, in the case of an eligible agricultural business, the agricultural chemicals security credit determined under this section for the taxable year is 50 percent of the aggregate amount paid or incurred by the eligible agricultural business for the purpose of protecting any specified hazardous chemicals or any food-use pesticide from unauthorized access.", "id": "H2C06BF3B247848FCBF00616E6DBB620", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Facility limitation \nThe amount of the credit determined under subsection (a) with respect to any facility for any taxable year shall not exceed— (1) $50,000, reduced by (2) the aggregate amount of credits determined under subsection (a) with respect to such facility for the 5 prior taxable years.", "id": "H7787CD817B05458EB1B03787E74C8705", "header": "Facility limitation", "nested": [], "links": [] }, { "text": "(c) Annual limitation \nThe amount of the credit determined under subsection (a) with respect to any taxpayer for any taxable year shall not exceed $2,000,000.", "id": "H013D9A110FFF4A6481861F39CE00898D", "header": "Annual limitation", "nested": [], "links": [] }, { "text": "(d) Eligible agricultural business \nFor purposes of this section, the term eligible agricultural business means any person in the trade or business of— (1) being a retailer of agricultural products, or (2) manufacturing, formulating, or distributing food-use pesticides.", "id": "HA5E022B3724F45F18679BC2498A4F610", "header": "Eligible agricultural business", "nested": [], "links": [] }, { "text": "(e) Specified hazardous chemicals \nFor purposes of this section, the term specified hazardous chemical means any extremely hazardous substance listed under section 302(a)(2) of the Emergency Planning and Community Right-to-Know Act of 1986, and any hazardous material listed under section 101 of part 172 of title 49, Code of Federal Regulations, which is held for sale in the trade or business of being a retailer of agricultural products.", "id": "HB6B1376B6814418CADD81464274C11FC", "header": "Specified hazardous chemicals", "nested": [], "links": [] }, { "text": "(f) Food-use pesticide \nFor purposes of this section, the term food-use pesticide means any pesticide (as defined in section 2(u) of the Federal Insecticide, Fungicide, and Rodenticide Act), including all active and inert ingredients thereof, which is customarily used on food, feed, or crops.", "id": "H65443B2DAAC34E2296BA9BF938158B2", "header": "Food-use pesticide", "nested": [], "links": [] }, { "text": "(g) Controlled groups \nRules similar to the rules of paragraphs (1) and (2) of section 41(f) shall apply for purposes of this section.", "id": "H725BCC824FED45AF90C87FDA27B50FE", "header": "Controlled groups", "nested": [], "links": [] }, { "text": "(h) Regulations \nThe Secretary may prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section, including regulations which— (1) provide for the proper treatment of amounts which are paid or incurred for purpose of protecting any specified hazardous chemical or any food-use pesticide and for other purposes, and (2) provide for the treatment of related properties as one facility for purposes of subsection (b).", "id": "H3B4E55C49D5D4DAA9D20E651BDF7BE10", "header": "Regulations", "nested": [], "links": [] } ], "links": [] } ]

[ "Ways and Means Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H5128E99AE29445608D86CE1B1E324742", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Permanent authority for Secretary of Veterans Affairs to operate sexual trauma counseling program \nSection 1720D(a) of title 38, United States Code, is amended— (1) in paragraph (1), by striking During the period through December 31, 2004, the and inserting The ; and (2) in paragraph (2), by striking , during the period through December 31, 2004,.", "id": "HA7869E3908D646DA8998C56965BC757E", "header": "Permanent authority for Secretary of Veterans Affairs to operate sexual trauma counseling program", "nested": [], "links": [ { "text": "Section 1720D(a)", "legal-doc": "usc", "parsable-cite": "usc/38/1720D" } ] } ]

[ "Veterans' Affairs Committee" ]

[ { "text": "1. Short Title \nThis Act may be cited as the.", "id": "H0E13574AAA724C97BCB9F2EC9B2D92D5", "header": "Short Title", "nested": [], "links": [] }, { "text": "2. Table of Contents \nThe table of contents for this Act is as follows: Sec. 1. Short title Sec. 2. Table of contents Title I—Establishment of Manufacturing and Technology Administration Sec. 101. Manufacturing and Technology Administration Sec. 102. Study of abusive practices by large manufacturers and retailers Sec. 103. Study of feasibility of labeling requirements Sec. 104. Studies by National Academy of Sciences Sec. 105. Manufacturing research and implementation; development of new manufacturing technologies Sec. 106. Advanced Technology Program Title II—WTO Dispute Settlement Review Commission Sec. 201. Establishment of Commission Sec. 202. Duties of the Commission Sec. 203. Powers of the Commission Sec. 204. Review of dispute settlement procedures and participation in the WTO Sec. 205. Participation in WTO panel proceedings Sec. 206. Definitions Title III—Reform of Export-Import Bank and Overseas Private Investor Corporation Sec. 301. Restrictions on Export-Import Bank assistance Sec. 302. Restrictions on the Overseas Private Investment Corporation Title IV—Currency Manipulation Sec. 401. Negotiation period regarding currency manipulation Sec. 402. Findings of fact and report regarding currency manipulation Sec. 403. Proceedings regarding currency manipulation Sec. 404. Additional reports and recommendations Sec. 405. Currency manipulation defined Title V—Internal Revenue Code Amendments Sec. 501. Disincentivization of corporate expatriation to avoid United States income tax Sec. 502. Inclusion of income from U.S. imports in subpart F income Sec. 503. Denial of treaty benefits for certain deductible payments Sec. 504. Repeal of exclusion for extraterritorial income Sec. 505. Deduction relating to income attributable to United States production activities Title VI—Buy American Provisions Sec. 601. Requirements for waivers Sec. 602. GAO report and recommendations Sec. 603. Dual use technologies Title VII—Establishment of Congressional Trade Office Sec. 701. Findings Sec. 702. Establishment of office Sec. 703. Public access to data Sec. 704. Authorization of appropriations", "id": "H7DA9EA00EAFE42C38EEECAA457BD471F", "header": "Table of Contents", "nested": [], "links": [] }, { "text": "101. Manufacturing and Technology Administration \nSection 5 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3704 ) is amended to read as follows: 5. Manufacturing and Technology \n(a) Establishment \nThere is established in the Department of Commerce a Manufacturing and Technology Administration, which shall operate in accordance with the provisions, findings, and purposes of this Act. The Manufacturing and Technology Administration shall include— (1) the National Institute of Standards and Technology; (2) the National Technical Information Service; and (3) a policy analysis office, which shall be known as the Office of Manufacturing and Technology Policy. (b) Under Secretary and Assistant Secretaries \nThe President shall appoint, by and with the advice and consent of the Senate, to the extent provided for in appropriations Acts— (1) an Under Secretary of Commerce for Manufacturing and Technology, who shall be compensated at the rate provided for level III of the Executive Schedule in section 5314 of title 5, United States Code; (2) an Assistant Secretary of Manufacturing who shall serve as a policy analyst for the Under Secretary; and (3) an Assistant Secretary of Technology who shall serve as a policy analyst for the Under Secretary. (c) Duties \nThe Secretary, through the Under Secretary, as appropriate, shall— (1) manage the Manufacturing and Technology Administration and supervise its agencies, programs, and activities; (2) conduct manufacturing and technology policy analyses to improve United States industrial productivity, manufacturing capabilities, and innovation, and cooperate with United States industry to improve its productivity, manufacturing capabilities, and ability to compete successfully in an international marketplace; (3) identify manufacturing and technological needs, problems, and opportunities within and across industrial sectors, that, if addressed, could make significant contributions to the economy of the United States; (4) assess whether the capital, technical, and other resources being allocated to domestic industrial sectors which are likely to generate new technologies are adequate to meet private and social demands for goods and services and to promote productivity and economic growth; (5) propose and support studies and policy experiments, in cooperation with other Federal agencies, to determine the effectiveness of measures for improving United States manufacturing capabilities and productivity; (6) provide that cooperative efforts to stimulate industrial competitiveness and innovation be undertaken between the Under Secretary and other officials in the Department of Commerce responsible for such areas as trade and economic assistance; (7) encourage and assist the creation of centers and other joint initiatives by State or local governments, regional organizations, private businesses, institutions of higher education, nonprofit organizations, or Federal laboratories to encourage technology transfer, to encourage innovation, and to promote an appropriate climate for investment in technology-related industries; (8) propose and encourage cooperative research involving appropriate Federal entities, State or local governments, regional organizations, colleges or universities, nonprofit organizations, or private industry to promote the common use of resources, to improve training programs and curricula, to stimulate interest in manufacturing and technology careers, and to encourage the effective dissemination of manufacturing and technology skills within the wider community; (9) serve as a focal point for discussions among United States companies on topics of interest to industry and labor, including discussions regarding manufacturing, competitiveness, and emerging technologies; (10) consider government measures with the potential of advancing United States technological innovation and exploiting innovations of foreign origin and publish the results of studies and policy experiments; and (11) assist in the implementation of the Metric Conversion Act of 1975 ( 15 U.S.C. 205a et seq. ). (d) Manufacturing Advisory Board \n(1) Establishment and Composition \nThere is established a Manufacturing Advisory Board within the Manufacturing and Technology Administration. The Under Secretary or the Assistant Secretary of Manufacturing shall chair the Advisory Board. The Advisory Board shall be composed of 14 additional members appointed by the Under Secretary as follows: (A) 1 representative each from the National Association of Manufacturers, the National Coalition for Advanced Manufacturing, and the Modernization Forum. (B) 4 members from outside the Federal Government who are eminent in the manufacturing industry, at least 2 of whom are representatives of small and medium-sized companies in such industries. (C) 4 members from Federal agencies who have manufacturing science and technology expertise, at least 1 of whom shall be from the National Institute of Standards and Technology. (D) 3 members from labor unions, a majority of whose members have manufacturing jobs. (2) Duties \nThe duties of the Advisory Board shall be— (A) to identify manufacturing issues relative to manufacturing technology and competitiveness; (B) to advise the Under Secretary on manufacturing issues, including manufacturing activities at the National Institute of Standards and Technology, and make recommendations for actions by the Federal Government; and (C) to report its finding and recommendations to the Under Secretary and the Director of the Office of Management and Budget. (3) Terms of office \nThe term of office of each member of the Advisory Board shall be 4 years, except that— (A) of the initial members, 3 shall be appointed for terms of 1 year, 3 shall be appointed for terms of 2 years, 4 shall be appointed for terms of 3 years, and 4 shall be appointed for terms of 4 years; and (B) any member appointed to fill a vacancy in the Advisory Board shall serve for the remainder of the term for which his predecessor was appointed. (4) Quorum \nThe Advisory Board shall not act in the absence of a quorum, which shall consist of 8 members. (5) Allowance for travel expenses \nMembers of the Advisory Board, other than full-time employees of the Federal Government, while attending meetings of the Board or while otherwise performing duties at the request of the Chairman while away from their home or a regular place of business, may be allowed travel expenses in accordance with subchapter I of chapter 57 of title 5, United States Code. (6) Staff services and utilization of Federal personnel \nTo provide the staff services necessary to assist the Advisory Board in carrying out its functions, the Advisory Board may utilize personnel from the National Institute of Standards and Technology or any other agency of the Federal Government with the consent of the head of the agency. (e) Authorization of Appropriations \nThere are authorized to be appropriated to the Secretary for the activities of the Under Secretary— (1) $2,000,000 for fiscal year 2004; (2) $2,070,000 for fiscal year 2005; (3) $2,140,000 for fiscal year 2006; and (4) $2,220,000 for fiscal year 2007..", "id": "HE85B1C44EEEB4113AEE76B7287A59EDE", "header": "Manufacturing and Technology Administration", "nested": [], "links": [ { "text": "15 U.S.C. 3704", "legal-doc": "usc", "parsable-cite": "usc/15/3704" }, { "text": "section 5314", "legal-doc": "usc", "parsable-cite": "usc/5/5314" }, { "text": "15 U.S.C. 205a et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/205a" }, { "text": "chapter 57", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/57" } ] }, { "text": "5. Manufacturing and Technology \n(a) Establishment \nThere is established in the Department of Commerce a Manufacturing and Technology Administration, which shall operate in accordance with the provisions, findings, and purposes of this Act. The Manufacturing and Technology Administration shall include— (1) the National Institute of Standards and Technology; (2) the National Technical Information Service; and (3) a policy analysis office, which shall be known as the Office of Manufacturing and Technology Policy. (b) Under Secretary and Assistant Secretaries \nThe President shall appoint, by and with the advice and consent of the Senate, to the extent provided for in appropriations Acts— (1) an Under Secretary of Commerce for Manufacturing and Technology, who shall be compensated at the rate provided for level III of the Executive Schedule in section 5314 of title 5, United States Code; (2) an Assistant Secretary of Manufacturing who shall serve as a policy analyst for the Under Secretary; and (3) an Assistant Secretary of Technology who shall serve as a policy analyst for the Under Secretary. (c) Duties \nThe Secretary, through the Under Secretary, as appropriate, shall— (1) manage the Manufacturing and Technology Administration and supervise its agencies, programs, and activities; (2) conduct manufacturing and technology policy analyses to improve United States industrial productivity, manufacturing capabilities, and innovation, and cooperate with United States industry to improve its productivity, manufacturing capabilities, and ability to compete successfully in an international marketplace; (3) identify manufacturing and technological needs, problems, and opportunities within and across industrial sectors, that, if addressed, could make significant contributions to the economy of the United States; (4) assess whether the capital, technical, and other resources being allocated to domestic industrial sectors which are likely to generate new technologies are adequate to meet private and social demands for goods and services and to promote productivity and economic growth; (5) propose and support studies and policy experiments, in cooperation with other Federal agencies, to determine the effectiveness of measures for improving United States manufacturing capabilities and productivity; (6) provide that cooperative efforts to stimulate industrial competitiveness and innovation be undertaken between the Under Secretary and other officials in the Department of Commerce responsible for such areas as trade and economic assistance; (7) encourage and assist the creation of centers and other joint initiatives by State or local governments, regional organizations, private businesses, institutions of higher education, nonprofit organizations, or Federal laboratories to encourage technology transfer, to encourage innovation, and to promote an appropriate climate for investment in technology-related industries; (8) propose and encourage cooperative research involving appropriate Federal entities, State or local governments, regional organizations, colleges or universities, nonprofit organizations, or private industry to promote the common use of resources, to improve training programs and curricula, to stimulate interest in manufacturing and technology careers, and to encourage the effective dissemination of manufacturing and technology skills within the wider community; (9) serve as a focal point for discussions among United States companies on topics of interest to industry and labor, including discussions regarding manufacturing, competitiveness, and emerging technologies; (10) consider government measures with the potential of advancing United States technological innovation and exploiting innovations of foreign origin and publish the results of studies and policy experiments; and (11) assist in the implementation of the Metric Conversion Act of 1975 ( 15 U.S.C. 205a et seq. ). (d) Manufacturing Advisory Board \n(1) Establishment and Composition \nThere is established a Manufacturing Advisory Board within the Manufacturing and Technology Administration. The Under Secretary or the Assistant Secretary of Manufacturing shall chair the Advisory Board. The Advisory Board shall be composed of 14 additional members appointed by the Under Secretary as follows: (A) 1 representative each from the National Association of Manufacturers, the National Coalition for Advanced Manufacturing, and the Modernization Forum. (B) 4 members from outside the Federal Government who are eminent in the manufacturing industry, at least 2 of whom are representatives of small and medium-sized companies in such industries. (C) 4 members from Federal agencies who have manufacturing science and technology expertise, at least 1 of whom shall be from the National Institute of Standards and Technology. (D) 3 members from labor unions, a majority of whose members have manufacturing jobs. (2) Duties \nThe duties of the Advisory Board shall be— (A) to identify manufacturing issues relative to manufacturing technology and competitiveness; (B) to advise the Under Secretary on manufacturing issues, including manufacturing activities at the National Institute of Standards and Technology, and make recommendations for actions by the Federal Government; and (C) to report its finding and recommendations to the Under Secretary and the Director of the Office of Management and Budget. (3) Terms of office \nThe term of office of each member of the Advisory Board shall be 4 years, except that— (A) of the initial members, 3 shall be appointed for terms of 1 year, 3 shall be appointed for terms of 2 years, 4 shall be appointed for terms of 3 years, and 4 shall be appointed for terms of 4 years; and (B) any member appointed to fill a vacancy in the Advisory Board shall serve for the remainder of the term for which his predecessor was appointed. (4) Quorum \nThe Advisory Board shall not act in the absence of a quorum, which shall consist of 8 members. (5) Allowance for travel expenses \nMembers of the Advisory Board, other than full-time employees of the Federal Government, while attending meetings of the Board or while otherwise performing duties at the request of the Chairman while away from their home or a regular place of business, may be allowed travel expenses in accordance with subchapter I of chapter 57 of title 5, United States Code. (6) Staff services and utilization of Federal personnel \nTo provide the staff services necessary to assist the Advisory Board in carrying out its functions, the Advisory Board may utilize personnel from the National Institute of Standards and Technology or any other agency of the Federal Government with the consent of the head of the agency. (e) Authorization of Appropriations \nThere are authorized to be appropriated to the Secretary for the activities of the Under Secretary— (1) $2,000,000 for fiscal year 2004; (2) $2,070,000 for fiscal year 2005; (3) $2,140,000 for fiscal year 2006; and (4) $2,220,000 for fiscal year 2007.", "id": "HB2DC7C223E3C45A9A0962757E18D672B", "header": "Manufacturing and Technology", "nested": [ { "text": "(a) Establishment \nThere is established in the Department of Commerce a Manufacturing and Technology Administration, which shall operate in accordance with the provisions, findings, and purposes of this Act. The Manufacturing and Technology Administration shall include— (1) the National Institute of Standards and Technology; (2) the National Technical Information Service; and (3) a policy analysis office, which shall be known as the Office of Manufacturing and Technology Policy.", "id": "H23FBA51967464E9D9B84E8E50241BCFA", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Under Secretary and Assistant Secretaries \nThe President shall appoint, by and with the advice and consent of the Senate, to the extent provided for in appropriations Acts— (1) an Under Secretary of Commerce for Manufacturing and Technology, who shall be compensated at the rate provided for level III of the Executive Schedule in section 5314 of title 5, United States Code; (2) an Assistant Secretary of Manufacturing who shall serve as a policy analyst for the Under Secretary; and (3) an Assistant Secretary of Technology who shall serve as a policy analyst for the Under Secretary.", "id": "H69BAB4FF7BD244EC914027FF482C0098", "header": "Under Secretary and Assistant Secretaries", "nested": [], "links": [ { "text": "section 5314", "legal-doc": "usc", "parsable-cite": "usc/5/5314" } ] }, { "text": "(c) Duties \nThe Secretary, through the Under Secretary, as appropriate, shall— (1) manage the Manufacturing and Technology Administration and supervise its agencies, programs, and activities; (2) conduct manufacturing and technology policy analyses to improve United States industrial productivity, manufacturing capabilities, and innovation, and cooperate with United States industry to improve its productivity, manufacturing capabilities, and ability to compete successfully in an international marketplace; (3) identify manufacturing and technological needs, problems, and opportunities within and across industrial sectors, that, if addressed, could make significant contributions to the economy of the United States; (4) assess whether the capital, technical, and other resources being allocated to domestic industrial sectors which are likely to generate new technologies are adequate to meet private and social demands for goods and services and to promote productivity and economic growth; (5) propose and support studies and policy experiments, in cooperation with other Federal agencies, to determine the effectiveness of measures for improving United States manufacturing capabilities and productivity; (6) provide that cooperative efforts to stimulate industrial competitiveness and innovation be undertaken between the Under Secretary and other officials in the Department of Commerce responsible for such areas as trade and economic assistance; (7) encourage and assist the creation of centers and other joint initiatives by State or local governments, regional organizations, private businesses, institutions of higher education, nonprofit organizations, or Federal laboratories to encourage technology transfer, to encourage innovation, and to promote an appropriate climate for investment in technology-related industries; (8) propose and encourage cooperative research involving appropriate Federal entities, State or local governments, regional organizations, colleges or universities, nonprofit organizations, or private industry to promote the common use of resources, to improve training programs and curricula, to stimulate interest in manufacturing and technology careers, and to encourage the effective dissemination of manufacturing and technology skills within the wider community; (9) serve as a focal point for discussions among United States companies on topics of interest to industry and labor, including discussions regarding manufacturing, competitiveness, and emerging technologies; (10) consider government measures with the potential of advancing United States technological innovation and exploiting innovations of foreign origin and publish the results of studies and policy experiments; and (11) assist in the implementation of the Metric Conversion Act of 1975 ( 15 U.S.C. 205a et seq. ).", "id": "HCB4BA56ABEFC440AA589A1841E00268F", "header": "Duties", "nested": [], "links": [ { "text": "15 U.S.C. 205a et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/205a" } ] }, { "text": "(d) Manufacturing Advisory Board \n(1) Establishment and Composition \nThere is established a Manufacturing Advisory Board within the Manufacturing and Technology Administration. The Under Secretary or the Assistant Secretary of Manufacturing shall chair the Advisory Board. The Advisory Board shall be composed of 14 additional members appointed by the Under Secretary as follows: (A) 1 representative each from the National Association of Manufacturers, the National Coalition for Advanced Manufacturing, and the Modernization Forum. (B) 4 members from outside the Federal Government who are eminent in the manufacturing industry, at least 2 of whom are representatives of small and medium-sized companies in such industries. (C) 4 members from Federal agencies who have manufacturing science and technology expertise, at least 1 of whom shall be from the National Institute of Standards and Technology. (D) 3 members from labor unions, a majority of whose members have manufacturing jobs. (2) Duties \nThe duties of the Advisory Board shall be— (A) to identify manufacturing issues relative to manufacturing technology and competitiveness; (B) to advise the Under Secretary on manufacturing issues, including manufacturing activities at the National Institute of Standards and Technology, and make recommendations for actions by the Federal Government; and (C) to report its finding and recommendations to the Under Secretary and the Director of the Office of Management and Budget. (3) Terms of office \nThe term of office of each member of the Advisory Board shall be 4 years, except that— (A) of the initial members, 3 shall be appointed for terms of 1 year, 3 shall be appointed for terms of 2 years, 4 shall be appointed for terms of 3 years, and 4 shall be appointed for terms of 4 years; and (B) any member appointed to fill a vacancy in the Advisory Board shall serve for the remainder of the term for which his predecessor was appointed. (4) Quorum \nThe Advisory Board shall not act in the absence of a quorum, which shall consist of 8 members. (5) Allowance for travel expenses \nMembers of the Advisory Board, other than full-time employees of the Federal Government, while attending meetings of the Board or while otherwise performing duties at the request of the Chairman while away from their home or a regular place of business, may be allowed travel expenses in accordance with subchapter I of chapter 57 of title 5, United States Code. (6) Staff services and utilization of Federal personnel \nTo provide the staff services necessary to assist the Advisory Board in carrying out its functions, the Advisory Board may utilize personnel from the National Institute of Standards and Technology or any other agency of the Federal Government with the consent of the head of the agency.", "id": "H581D256959554FAB88465C002283F00", "header": "Manufacturing Advisory Board", "nested": [], "links": [ { "text": "chapter 57", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/57" } ] }, { "text": "(e) Authorization of Appropriations \nThere are authorized to be appropriated to the Secretary for the activities of the Under Secretary— (1) $2,000,000 for fiscal year 2004; (2) $2,070,000 for fiscal year 2005; (3) $2,140,000 for fiscal year 2006; and (4) $2,220,000 for fiscal year 2007.", "id": "HDD2074DD247748809E3892CC36B5F89E", "header": "Authorization of Appropriations", "nested": [], "links": [] } ], "links": [ { "text": "section 5314", "legal-doc": "usc", "parsable-cite": "usc/5/5314" }, { "text": "15 U.S.C. 205a et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/205a" }, { "text": "chapter 57", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/57" } ] }, { "text": "102. Study of abusive practices by large manufacturers and retailers \n(a) Study \nThe Under Secretary of Commerce for Manufacturing and Technology (appointed pursuant to section 101 of this title) shall conduct a study of practices by large manufacturers and retailers whereby such manufacturers and retailers place large contract orders and later cancel such orders after only a portion of the goods or services are provided, and the impact that such practices have on small businesses. (b) Report \nNot later than 1 year after the date of enactment of this title, the Under Secretary of Commerce for Manufacturing and Technology shall transmit a report to the Congress on the findings of the study required by subsection (a). The report shall propose guidelines to address abusive practices and recommendations for a means to allow small manufacturers to confidentially report such practices.", "id": "H3F58287AED974A849D18782138DF9899", "header": "Study of abusive practices by large manufacturers and retailers", "nested": [ { "text": "(a) Study \nThe Under Secretary of Commerce for Manufacturing and Technology (appointed pursuant to section 101 of this title) shall conduct a study of practices by large manufacturers and retailers whereby such manufacturers and retailers place large contract orders and later cancel such orders after only a portion of the goods or services are provided, and the impact that such practices have on small businesses.", "id": "H53AB460F86C14E9EB0074D92E97EB5EA", "header": "Study", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than 1 year after the date of enactment of this title, the Under Secretary of Commerce for Manufacturing and Technology shall transmit a report to the Congress on the findings of the study required by subsection (a). The report shall propose guidelines to address abusive practices and recommendations for a means to allow small manufacturers to confidentially report such practices.", "id": "HD2EAE884DBEC491C85B474672D227F62", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "103. Study of feasibility of labeling requirements \n(a) Study \nThe Under Secretary of Commerce for Manufacturing and Technology (appointed pursuant to section 101 of this title) shall conduct a study of the feasibility and impact of laws or regulations requiring all products retailing at more than $15 to state clearly on the labels the percentage of components made in the United States. (b) Report \nNot later than 1 year after the date of enactment of this title, the Under Secretary of Commerce for Manufacturing and Technology shall transmit a report to the Congress on the findings of the study required by subsection (a). The report shall examine the cost of such a labeling requirement to manufacturers and consumers, shall include recommendations for any necessary legislation, and shall propose a timetable for implementation of such requirements.", "id": "HF40A3C003DDE4B3A9D53307FCE003D3C", "header": "Study of feasibility of labeling requirements", "nested": [ { "text": "(a) Study \nThe Under Secretary of Commerce for Manufacturing and Technology (appointed pursuant to section 101 of this title) shall conduct a study of the feasibility and impact of laws or regulations requiring all products retailing at more than $15 to state clearly on the labels the percentage of components made in the United States.", "id": "H2CD998DC0DD947EDA68272DCAB0C1DA", "header": "Study", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than 1 year after the date of enactment of this title, the Under Secretary of Commerce for Manufacturing and Technology shall transmit a report to the Congress on the findings of the study required by subsection (a). The report shall examine the cost of such a labeling requirement to manufacturers and consumers, shall include recommendations for any necessary legislation, and shall propose a timetable for implementation of such requirements.", "id": "HD5D335D3337C42FC899D336500B5F43D", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "104. Studies by National Academy of Sciences \nSection 24 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278j ) is amended— (1) by striking The Director may through assist the and inserting The Under Secretary of Commerce for Manufacturing and Technology and the Director may periodically enter into an arrangement with the National Academy of Sciences for advice and studies to assist the Manufacturing and Technology Administration and the ; and (2) in paragraph (2) by inserting the Manufacturing and Technology Administration and after potential activities of.", "id": "H73D3B9F8D4C7453E9B235853A8AB91C5", "header": "Studies by National Academy of Sciences", "nested": [], "links": [ { "text": "15 U.S.C. 278j", "legal-doc": "usc", "parsable-cite": "usc/15/278j" } ] }, { "text": "105. Manufacturing research and implementation; development of new manufacturing technologies \n(a) National Institutes of Standards and Technology laboratory activities \nThere are authorized to be appropriated to the Secretary of Commerce for Manufacturing Engineering activities at the Scientific and Technical Research and Services Laboratory of the National Institute of Standards and Technology— (1) $60,000,000 for fiscal year 2004, of which $30,000,000 shall be for the research and development program on manufacturing under section 33 of the National Institute of Standards and Technology Act; (2) $62,100,000 for fiscal year 2005, of which $31,050,000 shall be for the research and development program on manufacturing under section 33 of the National Institute of Standards and Technology Act; (3) $64,270,000 for fiscal year 2006, of which $32,140,000 shall be for the research and development program on manufacturing under section 33 of the National Institute of Standards and Technology Act; and (4) $68,850,000 for fiscal year 2007, of which $33,260,000 shall be for the research and development program on manufacturing under section 33 of the National Institute of Standards and Technology Act. (b) National Institutes of Standards and Technology Research and Development program \nThe National Institute of Standards and Technology Act is amended— (1) by redesignating the first section 32 as section 34 and moving it to the end of the Act; and (2) by inserting before the section moved by paragraph (1) the following new section: 33. Research and development program on manufacturing \n(a) Establishment \nThe Director shall establish a program of assistance to institutions of higher education or nonprofit research institutions that enter into partnerships with for-profit entities to support, promote, and enhance manufacturing research and development. The program shall— (1) include multidisciplinary research; and (2) include research directed toward addressing the needs identified through the Under Secretary of Commerce for Manufacturing and Technology, the Office of Manufacturing and Technology Policy, and the Manufacturing Advisory Board. (b) Fellowships \nIn order to promote the development of a robust research community working at the leading edge of manufacturing sciences, the Director shall establish a program to award— (1) postdoctoral research fellowships to individuals who are seeking research positions at institutions, including the Institute, engaged in research activities related to manufacturing sciences; and (2) senior research fellowships to individuals seeking research positions at institutions, including the Institute, engaged in research activities related to manufacturing sciences. To be eligible for an award under this subsection, an individual shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require. Under this subsection, the Director shall provide stipends for postdoctoral research fellowships at a level consistent with the Institute's Post Doctoral Research Fellowship Program, and senior research fellowships at levels consistent with support for a faculty member in a sabbatical position. (c) Awards, applications \nThe Director is authorized to award grants or cooperative agreements to institutions of higher education to carry out the program established under subsection (a). To be eligible for an award under such subsection, an institution shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require. The application shall include, at minimum, a description of how the for-profit entities and any other partners will participate in developing and carrying out the research agenda of the partnership. (d) Program operation \n(1) The program established under subsection (a) shall be managed by individuals who have expertise in research related to manufacturing technology. The Director shall designate such individuals program managers. (2) Program managers designated under paragraph (1) may be new or existing employees of the Institute or individuals on assignment at the Institute under the Intergovernmental Personnel Act of 1970. (3) Program managers designated under paragraph (1) shall be responsible for— (A) establishing and publicizing the broad research and development goals for the program; (B) soliciting applications for specific research projects to address the goals developed under subparagraph (A); and (C) selecting research projects for support under the program from among applications submitted to the Institute, following consideration of— (i) the novelty and scientific and technical merit of the proposed projects; (ii) the demonstrated capabilities of the individual or individuals submitting the applications to successfully carry out the proposed research; (iii) the impact the proposed projects will have on increasing the number of individuals with research expertise in manufacturing sciences; and (iv) the nature of the participation by for-profit entities and the extent to which the proposed projects address the concerns of industry. (e) Review of program \nThe Director shall enter into an arrangement with the National Academy of Sciences for a comprehensive review of the program established under subsection (a) during the third year of the program. Such review shall include an assessment of the quality and utility of the research conducted and the relevance of the research results obtained to the goals of the program. The Director shall submit a report to Congress on the results of the review under this subsection not later than 4 years after the initiation of the program. (f) Definition \nFor the purposes of this section the term institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )..", "id": "H6EB6F7955DB14468861F1CD4DC5B05F8", "header": "Manufacturing research and implementation; development of new manufacturing technologies", "nested": [ { "text": "(a) National Institutes of Standards and Technology laboratory activities \nThere are authorized to be appropriated to the Secretary of Commerce for Manufacturing Engineering activities at the Scientific and Technical Research and Services Laboratory of the National Institute of Standards and Technology— (1) $60,000,000 for fiscal year 2004, of which $30,000,000 shall be for the research and development program on manufacturing under section 33 of the National Institute of Standards and Technology Act; (2) $62,100,000 for fiscal year 2005, of which $31,050,000 shall be for the research and development program on manufacturing under section 33 of the National Institute of Standards and Technology Act; (3) $64,270,000 for fiscal year 2006, of which $32,140,000 shall be for the research and development program on manufacturing under section 33 of the National Institute of Standards and Technology Act; and (4) $68,850,000 for fiscal year 2007, of which $33,260,000 shall be for the research and development program on manufacturing under section 33 of the National Institute of Standards and Technology Act.", "id": "H19158049A38749A3A637A0CBD768CE95", "header": "National Institutes of Standards and Technology laboratory activities", "nested": [], "links": [] }, { "text": "(b) National Institutes of Standards and Technology Research and Development program \nThe National Institute of Standards and Technology Act is amended— (1) by redesignating the first section 32 as section 34 and moving it to the end of the Act; and (2) by inserting before the section moved by paragraph (1) the following new section: 33. Research and development program on manufacturing \n(a) Establishment \nThe Director shall establish a program of assistance to institutions of higher education or nonprofit research institutions that enter into partnerships with for-profit entities to support, promote, and enhance manufacturing research and development. The program shall— (1) include multidisciplinary research; and (2) include research directed toward addressing the needs identified through the Under Secretary of Commerce for Manufacturing and Technology, the Office of Manufacturing and Technology Policy, and the Manufacturing Advisory Board. (b) Fellowships \nIn order to promote the development of a robust research community working at the leading edge of manufacturing sciences, the Director shall establish a program to award— (1) postdoctoral research fellowships to individuals who are seeking research positions at institutions, including the Institute, engaged in research activities related to manufacturing sciences; and (2) senior research fellowships to individuals seeking research positions at institutions, including the Institute, engaged in research activities related to manufacturing sciences. To be eligible for an award under this subsection, an individual shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require. Under this subsection, the Director shall provide stipends for postdoctoral research fellowships at a level consistent with the Institute's Post Doctoral Research Fellowship Program, and senior research fellowships at levels consistent with support for a faculty member in a sabbatical position. (c) Awards, applications \nThe Director is authorized to award grants or cooperative agreements to institutions of higher education to carry out the program established under subsection (a). To be eligible for an award under such subsection, an institution shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require. The application shall include, at minimum, a description of how the for-profit entities and any other partners will participate in developing and carrying out the research agenda of the partnership. (d) Program operation \n(1) The program established under subsection (a) shall be managed by individuals who have expertise in research related to manufacturing technology. The Director shall designate such individuals program managers. (2) Program managers designated under paragraph (1) may be new or existing employees of the Institute or individuals on assignment at the Institute under the Intergovernmental Personnel Act of 1970. (3) Program managers designated under paragraph (1) shall be responsible for— (A) establishing and publicizing the broad research and development goals for the program; (B) soliciting applications for specific research projects to address the goals developed under subparagraph (A); and (C) selecting research projects for support under the program from among applications submitted to the Institute, following consideration of— (i) the novelty and scientific and technical merit of the proposed projects; (ii) the demonstrated capabilities of the individual or individuals submitting the applications to successfully carry out the proposed research; (iii) the impact the proposed projects will have on increasing the number of individuals with research expertise in manufacturing sciences; and (iv) the nature of the participation by for-profit entities and the extent to which the proposed projects address the concerns of industry. (e) Review of program \nThe Director shall enter into an arrangement with the National Academy of Sciences for a comprehensive review of the program established under subsection (a) during the third year of the program. Such review shall include an assessment of the quality and utility of the research conducted and the relevance of the research results obtained to the goals of the program. The Director shall submit a report to Congress on the results of the review under this subsection not later than 4 years after the initiation of the program. (f) Definition \nFor the purposes of this section the term institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )..", "id": "HAFF4A415931842D800C1DB626801A102", "header": "National Institutes of Standards and Technology Research and Development program", "nested": [], "links": [ { "text": "20 U.S.C. 1001", "legal-doc": "usc", "parsable-cite": "usc/20/1001" } ] } ], "links": [ { "text": "20 U.S.C. 1001", "legal-doc": "usc", "parsable-cite": "usc/20/1001" } ] }, { "text": "33. Research and development program on manufacturing \n(a) Establishment \nThe Director shall establish a program of assistance to institutions of higher education or nonprofit research institutions that enter into partnerships with for-profit entities to support, promote, and enhance manufacturing research and development. The program shall— (1) include multidisciplinary research; and (2) include research directed toward addressing the needs identified through the Under Secretary of Commerce for Manufacturing and Technology, the Office of Manufacturing and Technology Policy, and the Manufacturing Advisory Board. (b) Fellowships \nIn order to promote the development of a robust research community working at the leading edge of manufacturing sciences, the Director shall establish a program to award— (1) postdoctoral research fellowships to individuals who are seeking research positions at institutions, including the Institute, engaged in research activities related to manufacturing sciences; and (2) senior research fellowships to individuals seeking research positions at institutions, including the Institute, engaged in research activities related to manufacturing sciences. To be eligible for an award under this subsection, an individual shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require. Under this subsection, the Director shall provide stipends for postdoctoral research fellowships at a level consistent with the Institute's Post Doctoral Research Fellowship Program, and senior research fellowships at levels consistent with support for a faculty member in a sabbatical position. (c) Awards, applications \nThe Director is authorized to award grants or cooperative agreements to institutions of higher education to carry out the program established under subsection (a). To be eligible for an award under such subsection, an institution shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require. The application shall include, at minimum, a description of how the for-profit entities and any other partners will participate in developing and carrying out the research agenda of the partnership. (d) Program operation \n(1) The program established under subsection (a) shall be managed by individuals who have expertise in research related to manufacturing technology. The Director shall designate such individuals program managers. (2) Program managers designated under paragraph (1) may be new or existing employees of the Institute or individuals on assignment at the Institute under the Intergovernmental Personnel Act of 1970. (3) Program managers designated under paragraph (1) shall be responsible for— (A) establishing and publicizing the broad research and development goals for the program; (B) soliciting applications for specific research projects to address the goals developed under subparagraph (A); and (C) selecting research projects for support under the program from among applications submitted to the Institute, following consideration of— (i) the novelty and scientific and technical merit of the proposed projects; (ii) the demonstrated capabilities of the individual or individuals submitting the applications to successfully carry out the proposed research; (iii) the impact the proposed projects will have on increasing the number of individuals with research expertise in manufacturing sciences; and (iv) the nature of the participation by for-profit entities and the extent to which the proposed projects address the concerns of industry. (e) Review of program \nThe Director shall enter into an arrangement with the National Academy of Sciences for a comprehensive review of the program established under subsection (a) during the third year of the program. Such review shall include an assessment of the quality and utility of the research conducted and the relevance of the research results obtained to the goals of the program. The Director shall submit a report to Congress on the results of the review under this subsection not later than 4 years after the initiation of the program. (f) Definition \nFor the purposes of this section the term institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ).", "id": "H70F81FB467FE413589582E61BB1B81BD", "header": "Research and development program on manufacturing", "nested": [ { "text": "(a) Establishment \nThe Director shall establish a program of assistance to institutions of higher education or nonprofit research institutions that enter into partnerships with for-profit entities to support, promote, and enhance manufacturing research and development. The program shall— (1) include multidisciplinary research; and (2) include research directed toward addressing the needs identified through the Under Secretary of Commerce for Manufacturing and Technology, the Office of Manufacturing and Technology Policy, and the Manufacturing Advisory Board.", "id": "H7EBFB54726604CBC97E722AC190042D0", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Fellowships \nIn order to promote the development of a robust research community working at the leading edge of manufacturing sciences, the Director shall establish a program to award— (1) postdoctoral research fellowships to individuals who are seeking research positions at institutions, including the Institute, engaged in research activities related to manufacturing sciences; and (2) senior research fellowships to individuals seeking research positions at institutions, including the Institute, engaged in research activities related to manufacturing sciences. To be eligible for an award under this subsection, an individual shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require. Under this subsection, the Director shall provide stipends for postdoctoral research fellowships at a level consistent with the Institute's Post Doctoral Research Fellowship Program, and senior research fellowships at levels consistent with support for a faculty member in a sabbatical position.", "id": "HA4A8B39DC04D46999D9170CA8825B02D", "header": "Fellowships", "nested": [], "links": [] }, { "text": "(c) Awards, applications \nThe Director is authorized to award grants or cooperative agreements to institutions of higher education to carry out the program established under subsection (a). To be eligible for an award under such subsection, an institution shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require. The application shall include, at minimum, a description of how the for-profit entities and any other partners will participate in developing and carrying out the research agenda of the partnership.", "id": "H6881032C2B2844B88E8CECBB951C54E6", "header": "Awards, applications", "nested": [], "links": [] }, { "text": "(d) Program operation \n(1) The program established under subsection (a) shall be managed by individuals who have expertise in research related to manufacturing technology. The Director shall designate such individuals program managers. (2) Program managers designated under paragraph (1) may be new or existing employees of the Institute or individuals on assignment at the Institute under the Intergovernmental Personnel Act of 1970. (3) Program managers designated under paragraph (1) shall be responsible for— (A) establishing and publicizing the broad research and development goals for the program; (B) soliciting applications for specific research projects to address the goals developed under subparagraph (A); and (C) selecting research projects for support under the program from among applications submitted to the Institute, following consideration of— (i) the novelty and scientific and technical merit of the proposed projects; (ii) the demonstrated capabilities of the individual or individuals submitting the applications to successfully carry out the proposed research; (iii) the impact the proposed projects will have on increasing the number of individuals with research expertise in manufacturing sciences; and (iv) the nature of the participation by for-profit entities and the extent to which the proposed projects address the concerns of industry.", "id": "H1FA202E975454D67B05B258FB443D820", "header": "Program operation", "nested": [], "links": [] }, { "text": "(e) Review of program \nThe Director shall enter into an arrangement with the National Academy of Sciences for a comprehensive review of the program established under subsection (a) during the third year of the program. Such review shall include an assessment of the quality and utility of the research conducted and the relevance of the research results obtained to the goals of the program. The Director shall submit a report to Congress on the results of the review under this subsection not later than 4 years after the initiation of the program.", "id": "H13CE3532C7EB4CF69F15C3187587F812", "header": "Review of program", "nested": [], "links": [] }, { "text": "(f) Definition \nFor the purposes of this section the term institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ).", "id": "H0654E533F5134223B4965569AF35B666", "header": "Definition", "nested": [], "links": [ { "text": "20 U.S.C. 1001", "legal-doc": "usc", "parsable-cite": "usc/20/1001" } ] } ], "links": [ { "text": "20 U.S.C. 1001", "legal-doc": "usc", "parsable-cite": "usc/20/1001" } ] }, { "text": "106. Advanced Technology Program \n(a) Authorization of Appropriations \nThere are authorized to be appropriated to the Secretary of Commerce for the Advanced Technology Program under section 28 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278n )— (1) $219,400,000 for fiscal year 2004, including $80,700,000 for new awards, of which $20,000,000 shall be for a focused competition in manufacturing sciences; (2) $262,900,000 for fiscal year 2005, including $80,700,000 for new awards, of which $20,000,000 shall be for a focused competition in manufacturing sciences; (3) $280,900,000 for fiscal year 2006, including $80,700,000 for new awards, of which $20,000,000 shall be for a focused competition in manufacturing sciences; and (4) $290,400,000 for fiscal year 2, including $80,700,000 for new awards, of which $20,000,000 shall be for a focused competition in manufacturing sciences. (b) University leadership of joint ventures \n(1) Joint venture aid \nSection 28(b)(1) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278n(b)(1) ) is amended by striking industry-led United States and all that follows through organizations) and inserting joint ventures. (2) Definition \nSection 28(j)(1) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278n(j)(1) ) is amended by striking two or more persons and inserting a combination of two or more persons (which shall include at least two companies, each of which participates substantially in the joint venture, and may include one or more institutions of higher education or nonprofit organizations). (c) Intellectual property rights ownership \nSection 28(d)(11) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278n(d)(11) ) is amended by striking (11)(A) and all that follows through with such intellectual property. and inserting the following: (11) (A) Title to any intellectual property developed by a joint venture from assistance provided under this section may vest in any participant in the joint venture, as agreed by the members of the joint venture, notwithstanding section 202(a) and (b) of title 35, United States Code. The United States may reserve a nonexclusive, nontransferable, irrevocable, paid-up license, to have practiced for or on behalf of the United States in connection with any such intellectual property, but shall not, in the exercise of such license, publicly disclose proprietary information related to the license. Title to any such intellectual property shall not be transferred or passed, except to a participant in the joint venture, until the expiration of the first patent obtained in connection with such intellectual property.. (d) Barriers to product development \nSection 28(d) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278n(d) ) is amended by adding at the end the following new paragraph: (12) No contract or award may be made under this section for any project unless the project may remove a scientific or technological barrier to product development.. (e) Project review and evaluation \nSection 28(g) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278n(g) ) is amended to read as follows: (g) Industry and peer review of proposals \n(1) In order to analyze the need for or the value of any proposal made by a joint venture or company requesting the Secretary's assistance under this section, or to monitor the progress of any project which receives funds under this section, the Secretary, the Under Secretary of Commerce for Manufacturing and Technology, and the Director may, notwithstanding any other provision of law, meet with such industry and other expert sources, without a proprietary or financial interest in proposals being evaluated, as they consider useful and appropriate. (2) In order to better assess whether specific innovations to be pursued are being adequately supported by the private sector, the Director shall conduct a study of, and thereafter monitor, whether the Secretary, the Undersecretary of Commerce for Manufacturing and Technology, and the Director could benefit from advice and information from additional industry and other expert sources, without a proprietary or financial interest in proposals being evaluated. Not later than one year after the date of the enactment of this Act, and biennially thereafter, the Director shall transmit to the Congress a report containing the results of the study and monitoring under this paragraph..", "id": "HB85D93CBFFDA40E7A164E22A556D2F6", "header": "Advanced Technology Program", "nested": [ { "text": "(a) Authorization of Appropriations \nThere are authorized to be appropriated to the Secretary of Commerce for the Advanced Technology Program under section 28 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278n )— (1) $219,400,000 for fiscal year 2004, including $80,700,000 for new awards, of which $20,000,000 shall be for a focused competition in manufacturing sciences; (2) $262,900,000 for fiscal year 2005, including $80,700,000 for new awards, of which $20,000,000 shall be for a focused competition in manufacturing sciences; (3) $280,900,000 for fiscal year 2006, including $80,700,000 for new awards, of which $20,000,000 shall be for a focused competition in manufacturing sciences; and (4) $290,400,000 for fiscal year 2, including $80,700,000 for new awards, of which $20,000,000 shall be for a focused competition in manufacturing sciences.", "id": "H6D9A314BAEDC47E7B01EBCC4220050A6", "header": "Authorization of Appropriations", "nested": [], "links": [ { "text": "15 U.S.C. 278n", "legal-doc": "usc", "parsable-cite": "usc/15/278n" } ] }, { "text": "(b) University leadership of joint ventures \n(1) Joint venture aid \nSection 28(b)(1) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278n(b)(1) ) is amended by striking industry-led United States and all that follows through organizations) and inserting joint ventures. (2) Definition \nSection 28(j)(1) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278n(j)(1) ) is amended by striking two or more persons and inserting a combination of two or more persons (which shall include at least two companies, each of which participates substantially in the joint venture, and may include one or more institutions of higher education or nonprofit organizations).", "id": "HE834D5FB79AF4D498D61E0A86E62E72B", "header": "University leadership of joint ventures", "nested": [], "links": [ { "text": "15 U.S.C. 278n(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/15/278n" }, { "text": "15 U.S.C. 278n(j)(1)", "legal-doc": "usc", "parsable-cite": "usc/15/278n" } ] }, { "text": "(c) Intellectual property rights ownership \nSection 28(d)(11) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278n(d)(11) ) is amended by striking (11)(A) and all that follows through with such intellectual property. and inserting the following: (11) (A) Title to any intellectual property developed by a joint venture from assistance provided under this section may vest in any participant in the joint venture, as agreed by the members of the joint venture, notwithstanding section 202(a) and (b) of title 35, United States Code. The United States may reserve a nonexclusive, nontransferable, irrevocable, paid-up license, to have practiced for or on behalf of the United States in connection with any such intellectual property, but shall not, in the exercise of such license, publicly disclose proprietary information related to the license. Title to any such intellectual property shall not be transferred or passed, except to a participant in the joint venture, until the expiration of the first patent obtained in connection with such intellectual property..", "id": "H9648BE212DDA4F7082FC27B799BA04F4", "header": "Intellectual property rights ownership", "nested": [], "links": [ { "text": "15 U.S.C. 278n(d)(11)", "legal-doc": "usc", "parsable-cite": "usc/15/278n" } ] }, { "text": "(d) Barriers to product development \nSection 28(d) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278n(d) ) is amended by adding at the end the following new paragraph: (12) No contract or award may be made under this section for any project unless the project may remove a scientific or technological barrier to product development..", "id": "H0CB65243874C43858B1EB8521F243300", "header": "Barriers to product development", "nested": [], "links": [ { "text": "15 U.S.C. 278n(d)", "legal-doc": "usc", "parsable-cite": "usc/15/278n" } ] }, { "text": "(e) Project review and evaluation \nSection 28(g) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278n(g) ) is amended to read as follows: (g) Industry and peer review of proposals \n(1) In order to analyze the need for or the value of any proposal made by a joint venture or company requesting the Secretary's assistance under this section, or to monitor the progress of any project which receives funds under this section, the Secretary, the Under Secretary of Commerce for Manufacturing and Technology, and the Director may, notwithstanding any other provision of law, meet with such industry and other expert sources, without a proprietary or financial interest in proposals being evaluated, as they consider useful and appropriate. (2) In order to better assess whether specific innovations to be pursued are being adequately supported by the private sector, the Director shall conduct a study of, and thereafter monitor, whether the Secretary, the Undersecretary of Commerce for Manufacturing and Technology, and the Director could benefit from advice and information from additional industry and other expert sources, without a proprietary or financial interest in proposals being evaluated. Not later than one year after the date of the enactment of this Act, and biennially thereafter, the Director shall transmit to the Congress a report containing the results of the study and monitoring under this paragraph..", "id": "HBF9D0567550F491EA82F6658655DCB3D", "header": "Project review and evaluation", "nested": [], "links": [ { "text": "15 U.S.C. 278n(g)", "legal-doc": "usc", "parsable-cite": "usc/15/278n" } ] } ], "links": [ { "text": "15 U.S.C. 278n", "legal-doc": "usc", "parsable-cite": "usc/15/278n" }, { "text": "15 U.S.C. 278n(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/15/278n" }, { "text": "15 U.S.C. 278n(j)(1)", "legal-doc": "usc", "parsable-cite": "usc/15/278n" }, { "text": "15 U.S.C. 278n(d)(11)", "legal-doc": "usc", "parsable-cite": "usc/15/278n" }, { "text": "15 U.S.C. 278n(d)", "legal-doc": "usc", "parsable-cite": "usc/15/278n" }, { "text": "15 U.S.C. 278n(g)", "legal-doc": "usc", "parsable-cite": "usc/15/278n" } ] }, { "text": "201. Establishment of Commission \n(a) Establishment \nThere is established a commission to be known as the WTO Dispute Settlement Review Commission (in this title referred to as the Commission ). (b) Membership \n(1) Composition \nThe Commission shall be composed of 5 members, all of whom shall be judges of the Federal judicial circuits and shall be appointed by the President, after consultation with the Majority Leader and Minority Leader of the House of Representatives, and the Majority Leader and Minority Leader of the Senate. (2) Date \nThe appointments of the members of the Commission shall be made no later than 60 days after the date of the enactment of this Act. (3) In general \nMembers of the Commission first appointed shall each be appointed for a term of 5 years. After the initial 5-year term, 3 members of the Commission shall be appointed for terms of 3 years and the remaining 2 members shall be appointed for terms of 2 years. (4) Vacancies \n(A) In general \nAny vacancy on the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment and shall be subject to the same conditions as the original appointment. (B) Unexpired term \nAn individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced.", "id": "HEE0F10E5405C0C8DF1242888FBBDE89", "header": "Establishment of Commission", "nested": [ { "text": "(a) Establishment \nThere is established a commission to be known as the WTO Dispute Settlement Review Commission (in this title referred to as the Commission ).", "id": "H251C6F9DDD1244B3AE709EAA50FF0144", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Membership \n(1) Composition \nThe Commission shall be composed of 5 members, all of whom shall be judges of the Federal judicial circuits and shall be appointed by the President, after consultation with the Majority Leader and Minority Leader of the House of Representatives, and the Majority Leader and Minority Leader of the Senate. (2) Date \nThe appointments of the members of the Commission shall be made no later than 60 days after the date of the enactment of this Act. (3) In general \nMembers of the Commission first appointed shall each be appointed for a term of 5 years. After the initial 5-year term, 3 members of the Commission shall be appointed for terms of 3 years and the remaining 2 members shall be appointed for terms of 2 years. (4) Vacancies \n(A) In general \nAny vacancy on the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment and shall be subject to the same conditions as the original appointment. (B) Unexpired term \nAn individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced.", "id": "H4F48BB8526C44CE0AF1400383F991C94", "header": "Membership", "nested": [], "links": [] } ], "links": [] }, { "text": "202. Duties of the Commission \n(a) Review of WTO Dispute Settlement reports \n(1) In general \nThe Commission shall review— (A) all reports of dispute settlement panels or the Appellate Body of the World Trade Organization in proceedings initiated by other parties to the WTO which are adverse to the United States and which are adopted by the Dispute Settlement Body, and (B) upon request of the United States Trade Representative, any other report of a dispute settlement panel or the Appellate Body which is adopted by the Dispute Settlement Body. (2) Scope of review \nIn the case of reports described in paragraph (1), the Commission shall review the report and determine whether— (A) the panel or the Appellate Body, as the case may be, exceeded its authority or its terms of reference; (B) the panel or the Appellate Body, as the case may be, added to the obligations of or diminished the rights of the United States under the Uruguay Round agreement which is the subject of report; (C) the panel or the Appellate Body, as the case may be, acted arbitrarily or capriciously, engaged in misconduct, or demonstrably departed from the procedures specified for panels and Appellate Bodies in the applicable Uruguay Round Agreement; and (D) the report of the panel or the Appellate Body, as the case may be, deviated from the applicable standard of review, including, in antidumping, countervailing duty, and other unfair trade remedy cases, the standard of review set forth in Article 17.6 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994. (3) Affirmative determination \nIf the Commission makes an affirmative determination with respect to the action of a panel or an Appellate Body under subparagraph (A), (B), (C), or (D) of paragraph (2), the Commission shall determine whether the action of the panel or Appellate Body materially affected the outcome of the report of the panel or Appellate Body. (b) Determination; report \n(1) Determination \nNo later than 120 days after the date on which a report of a panel or Appellate Body described in subsection (a)(1) is adopted by the Dispute Settlement Body, the Commission shall make a written determination with respect to matters described in subsections (a)(2) and (a)(3). (2) Reports \nThe Commission shall report the determinations described in paragraph (1) to the Congress.", "id": "HC4CADF164B29BD35EE3D4FB35C1700C", "header": "Duties of the Commission", "nested": [ { "text": "(a) Review of WTO Dispute Settlement reports \n(1) In general \nThe Commission shall review— (A) all reports of dispute settlement panels or the Appellate Body of the World Trade Organization in proceedings initiated by other parties to the WTO which are adverse to the United States and which are adopted by the Dispute Settlement Body, and (B) upon request of the United States Trade Representative, any other report of a dispute settlement panel or the Appellate Body which is adopted by the Dispute Settlement Body. (2) Scope of review \nIn the case of reports described in paragraph (1), the Commission shall review the report and determine whether— (A) the panel or the Appellate Body, as the case may be, exceeded its authority or its terms of reference; (B) the panel or the Appellate Body, as the case may be, added to the obligations of or diminished the rights of the United States under the Uruguay Round agreement which is the subject of report; (C) the panel or the Appellate Body, as the case may be, acted arbitrarily or capriciously, engaged in misconduct, or demonstrably departed from the procedures specified for panels and Appellate Bodies in the applicable Uruguay Round Agreement; and (D) the report of the panel or the Appellate Body, as the case may be, deviated from the applicable standard of review, including, in antidumping, countervailing duty, and other unfair trade remedy cases, the standard of review set forth in Article 17.6 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994. (3) Affirmative determination \nIf the Commission makes an affirmative determination with respect to the action of a panel or an Appellate Body under subparagraph (A), (B), (C), or (D) of paragraph (2), the Commission shall determine whether the action of the panel or Appellate Body materially affected the outcome of the report of the panel or Appellate Body.", "id": "H23453A7D76674240A00068621C244361", "header": "Review of WTO Dispute Settlement reports", "nested": [], "links": [] }, { "text": "(b) Determination; report \n(1) Determination \nNo later than 120 days after the date on which a report of a panel or Appellate Body described in subsection (a)(1) is adopted by the Dispute Settlement Body, the Commission shall make a written determination with respect to matters described in subsections (a)(2) and (a)(3). (2) Reports \nThe Commission shall report the determinations described in paragraph (1) to the Congress.", "id": "H9D2FAE404C070AC61B52C3AD4565A12", "header": "Determination; report", "nested": [], "links": [] } ], "links": [] }, { "text": "203. Powers of the Commission \n(a) Hearings \nThe Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out the purposes of this title. (b) Information from interested parties and Federal agencies \n(1) Notice of panel or Appellate Body report \nThe United States Trade Representative shall advise the Commission no later than 5 days after the date the Dispute Settlement Body adopts the report of a panel or Appellate Body that is adverse to the United States and shall immediately publish notice of such advice in the Federal Register, along with notice of an opportunity for interested parties to submit comments to the Commission. (2) Submissions and requests for information \nAny interested party may submit comments to the Commission regarding the panel or Appellate Body report. The Commission may also secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this title. Upon request of the Chairman of the Commission, the head of such department or agency shall furnish such information to the Commission. (3) Access to panel and Appellate Body documents \nThe United States Trade Representative shall make available to the Commission all submissions and relevant documents relating to the panel or Appellate Body report, including any information contained in such submissions that is identified by the provider of the information as proprietary information or information treated as confidential by a foreign government.", "id": "H701D87334FC918D708E193B27FBAC40", "header": "Powers of the Commission", "nested": [ { "text": "(a) Hearings \nThe Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out the purposes of this title.", "id": "H8C2F44DD4C47FF545BA3BBA27C1FC48", "header": "Hearings", "nested": [], "links": [] }, { "text": "(b) Information from interested parties and Federal agencies \n(1) Notice of panel or Appellate Body report \nThe United States Trade Representative shall advise the Commission no later than 5 days after the date the Dispute Settlement Body adopts the report of a panel or Appellate Body that is adverse to the United States and shall immediately publish notice of such advice in the Federal Register, along with notice of an opportunity for interested parties to submit comments to the Commission. (2) Submissions and requests for information \nAny interested party may submit comments to the Commission regarding the panel or Appellate Body report. The Commission may also secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this title. Upon request of the Chairman of the Commission, the head of such department or agency shall furnish such information to the Commission. (3) Access to panel and Appellate Body documents \nThe United States Trade Representative shall make available to the Commission all submissions and relevant documents relating to the panel or Appellate Body report, including any information contained in such submissions that is identified by the provider of the information as proprietary information or information treated as confidential by a foreign government.", "id": "H39C263EF4F4523873325C39E4DB3336", "header": "Information from interested parties and Federal agencies", "nested": [], "links": [] } ], "links": [] }, { "text": "204. Review of dispute settlement procedures and participation in the WTO \n(a) Affirmative report by Commission \n(1) In general \nIf a joint resolution described in subsection (b)(1) is enacted into law pursuant to the provisions of subsection (c), the President shall undertake negotiations to amend or modify the rules and procedures of the Understanding on Rules and Procedures Governing the Settlement of Disputes to which such joint resolution relates. (2) 3 affirmative reports by Commission \nIf a joint resolution described in subsection (b)(2) is enacted into law pursuant to the provisions of subsection (c), the approval of the Congress, provided under section 101(a) of the Uruguay Round Agreements Act, of the WTO Agreement shall cease to be effective in accordance with the provisions of the joint resolution and the United States shall cease to be a member of the WTO. (b) Joint resolutions described \n(1) In general \nFor purposes of subsection (a)(1), a joint resolution is described in this paragraph, if it is a joint resolution of the 2 Houses of Congress and the matter after the resolving clause of such joint resolution is as follows: That the Congress authorizes and directs the President to undertake negotiations to amend or modify the rules and procedures of the Understanding on Rules and Procedures Governing the Settlement of Disputes relating to __ with respect to the affirmative determination submitted to the Congress by the WTO Dispute Settlement Review Commission on __ , the first blank space being filled with the specific rules and procedures with respect to which the President is to undertake negotiations and the second blank space being filled with the date of the affirmative determination submitted to the Congress by the Commission pursuant to section 202(b) which has given rise to the joint resolution. (2) Withdrawal resolution \nFor purposes of subsection (a)(2), a joint resolution is described in this paragraph, if it is a joint resolution of the 2 Houses of Congress and the matter after the resolving clause of such joint resolution is as follows: That the Congress authorizes and directs the President to undertake negotiations to amend or modify the rules and procedures of the Understanding on Rules and Procedures Governing the Settlement of Disputes relating to __ with respect to the affirmative report submitted to the Congress by the WTO Dispute Settlement Review Commission on __ and if such negotiations do not result in a satisfactory solution by __, the Congress withdraws its approval, provided under section 101(a) of the Uruguay Round Agreements Act, of the WTO Agreement as defined in section 2(9) of that Act , the first blank space being filled with the specific rules and procedures with respect to which the President is to undertake negotiations, the second blank space being filled with the date of the affirmative determination submitted to the Congress by the Commission pursuant to section 202(b) which has given rise to the joint resolution, and the third blank space being filled with the date the Congress withdraws its approval of the WTO Agreement. (c) Procedural provisions \n(1) In general \nThe requirements of this subsection are met if the joint resolution is enacted in accordance with this subsection, and— (A) in the case of a joint resolution described in subsection (b)(1), the Congress adopts and transmits the joint resolution to the President before the end of the 90-day period (excluding any day described in section 154(b) of the Trade Act of 1974 ), beginning on the date on which the Congress receives an affirmative determination from the Commission described in section 202(b); or (B) in the case of a joint resolution described in subsection (b)(2), the Commission has made 3 affirmative determinations described in section 202(b) during a 5-year period, and the Congress adopts and transmits the joint resolution to the President before the end of the 90-day period (excluding any day described in section 154(b) of the Trade Act of 1974 ), beginning on the date on which the Congress receives the third such affirmative determination. (2) Presidential veto \nIn any case in which the President vetoes the joint resolution, the requirements of this subsection are met if each House of Congress votes to override that veto on or before the later of the last day of the 90-day period referred to in subparagraph (A) or (B) of paragraph (1), whichever is applicable, or the last day of the 15-day period (excluding any day described in section 154(b) of the Trade Act of 1974 ) beginning on the date on which the Congress receives the veto message from the President. (3) Introduction \n(A) Time \nA joint resolution to which this section applies may be introduced at any time on or after the date on which the Commission transmits to the Congress an affirmative determination under section 202(b), and before the end of the 90-day period referred to in subparagraph (A) or (B) of paragraph (1), as the case may be. (B) Any Member may introduce \nA joint resolution described in subsection (b) may be introduced in either House of the Congress by any Member of such House. (4) Expedited procedures \n(A) General rule \nSubject to the provisions of this subsection, the provisions of subsections (b), (d), (e), and (f) of section 152 of the Trade Act of 1974 ( 19 U.S.C. 2192(b) , (d), (e), and (f)) apply to joint resolutions described in subsection (b) to the same extent as such provisions apply to resolutions under such section. (B) Report or discharge of committee \nIf the committee of either House to which a joint resolution has been referred has not reported it by the close of the 45th day after its introduction (excluding any day described in section 154(b) of the Trade Act of 1974 ), such committee shall be automatically discharged from further consideration of the joint resolution and it shall be placed on the appropriate calendar. (C) Finance and ways and means committees \nIt is not in order for— (i) the Senate to consider any joint resolution unless it has been reported by the Committee on Finance or the committee has been discharged under subparagraph (B); or (ii) the House of Representatives to consider any joint resolution unless it has been reported by the Committee on Ways and Means or the committee has been discharged under subparagraph (B). (D) Special rule for House \nA motion in the House of Representatives to proceed to the consideration of a joint resolution may only be made on the second legislative day after the calendar day on which the Member making the motion announces to the House his or her intention to do so. (5) Consideration of second resolution not in order \nIt shall not be in order in either the House of Representatives or the Senate to consider a joint resolution (other than a joint resolution received from the other House), if that House has previously adopted a joint resolution under this section relating to the same matter. (d) Rules of House of Representatives and Senate \nThis section 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 is 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": "H685CFA80449B3BF247DD8A8EF7D9181", "header": "Review of dispute settlement procedures and participation in the WTO", "nested": [ { "text": "(a) Affirmative report by Commission \n(1) In general \nIf a joint resolution described in subsection (b)(1) is enacted into law pursuant to the provisions of subsection (c), the President shall undertake negotiations to amend or modify the rules and procedures of the Understanding on Rules and Procedures Governing the Settlement of Disputes to which such joint resolution relates. (2) 3 affirmative reports by Commission \nIf a joint resolution described in subsection (b)(2) is enacted into law pursuant to the provisions of subsection (c), the approval of the Congress, provided under section 101(a) of the Uruguay Round Agreements Act, of the WTO Agreement shall cease to be effective in accordance with the provisions of the joint resolution and the United States shall cease to be a member of the WTO.", "id": "H55DC6989434C7D7759ACB78F73F6F25", "header": "Affirmative report by Commission", "nested": [], "links": [] }, { "text": "(b) Joint resolutions described \n(1) In general \nFor purposes of subsection (a)(1), a joint resolution is described in this paragraph, if it is a joint resolution of the 2 Houses of Congress and the matter after the resolving clause of such joint resolution is as follows: That the Congress authorizes and directs the President to undertake negotiations to amend or modify the rules and procedures of the Understanding on Rules and Procedures Governing the Settlement of Disputes relating to __ with respect to the affirmative determination submitted to the Congress by the WTO Dispute Settlement Review Commission on __ , the first blank space being filled with the specific rules and procedures with respect to which the President is to undertake negotiations and the second blank space being filled with the date of the affirmative determination submitted to the Congress by the Commission pursuant to section 202(b) which has given rise to the joint resolution. (2) Withdrawal resolution \nFor purposes of subsection (a)(2), a joint resolution is described in this paragraph, if it is a joint resolution of the 2 Houses of Congress and the matter after the resolving clause of such joint resolution is as follows: That the Congress authorizes and directs the President to undertake negotiations to amend or modify the rules and procedures of the Understanding on Rules and Procedures Governing the Settlement of Disputes relating to __ with respect to the affirmative report submitted to the Congress by the WTO Dispute Settlement Review Commission on __ and if such negotiations do not result in a satisfactory solution by __, the Congress withdraws its approval, provided under section 101(a) of the Uruguay Round Agreements Act, of the WTO Agreement as defined in section 2(9) of that Act , the first blank space being filled with the specific rules and procedures with respect to which the President is to undertake negotiations, the second blank space being filled with the date of the affirmative determination submitted to the Congress by the Commission pursuant to section 202(b) which has given rise to the joint resolution, and the third blank space being filled with the date the Congress withdraws its approval of the WTO Agreement.", "id": "H4F4F3CBC437565D7B35F16A7D55CA1B", "header": "Joint resolutions described", "nested": [], "links": [] }, { "text": "(c) Procedural provisions \n(1) In general \nThe requirements of this subsection are met if the joint resolution is enacted in accordance with this subsection, and— (A) in the case of a joint resolution described in subsection (b)(1), the Congress adopts and transmits the joint resolution to the President before the end of the 90-day period (excluding any day described in section 154(b) of the Trade Act of 1974 ), beginning on the date on which the Congress receives an affirmative determination from the Commission described in section 202(b); or (B) in the case of a joint resolution described in subsection (b)(2), the Commission has made 3 affirmative determinations described in section 202(b) during a 5-year period, and the Congress adopts and transmits the joint resolution to the President before the end of the 90-day period (excluding any day described in section 154(b) of the Trade Act of 1974 ), beginning on the date on which the Congress receives the third such affirmative determination. (2) Presidential veto \nIn any case in which the President vetoes the joint resolution, the requirements of this subsection are met if each House of Congress votes to override that veto on or before the later of the last day of the 90-day period referred to in subparagraph (A) or (B) of paragraph (1), whichever is applicable, or the last day of the 15-day period (excluding any day described in section 154(b) of the Trade Act of 1974 ) beginning on the date on which the Congress receives the veto message from the President. (3) Introduction \n(A) Time \nA joint resolution to which this section applies may be introduced at any time on or after the date on which the Commission transmits to the Congress an affirmative determination under section 202(b), and before the end of the 90-day period referred to in subparagraph (A) or (B) of paragraph (1), as the case may be. (B) Any Member may introduce \nA joint resolution described in subsection (b) may be introduced in either House of the Congress by any Member of such House. (4) Expedited procedures \n(A) General rule \nSubject to the provisions of this subsection, the provisions of subsections (b), (d), (e), and (f) of section 152 of the Trade Act of 1974 ( 19 U.S.C. 2192(b) , (d), (e), and (f)) apply to joint resolutions described in subsection (b) to the same extent as such provisions apply to resolutions under such section. (B) Report or discharge of committee \nIf the committee of either House to which a joint resolution has been referred has not reported it by the close of the 45th day after its introduction (excluding any day described in section 154(b) of the Trade Act of 1974 ), such committee shall be automatically discharged from further consideration of the joint resolution and it shall be placed on the appropriate calendar. (C) Finance and ways and means committees \nIt is not in order for— (i) the Senate to consider any joint resolution unless it has been reported by the Committee on Finance or the committee has been discharged under subparagraph (B); or (ii) the House of Representatives to consider any joint resolution unless it has been reported by the Committee on Ways and Means or the committee has been discharged under subparagraph (B). (D) Special rule for House \nA motion in the House of Representatives to proceed to the consideration of a joint resolution may only be made on the second legislative day after the calendar day on which the Member making the motion announces to the House his or her intention to do so. (5) Consideration of second resolution not in order \nIt shall not be in order in either the House of Representatives or the Senate to consider a joint resolution (other than a joint resolution received from the other House), if that House has previously adopted a joint resolution under this section relating to the same matter.", "id": "H848723634952E4AAEEC9D7B8BED748E", "header": "Procedural provisions", "nested": [], "links": [ { "text": "19 U.S.C. 2192(b)", "legal-doc": "usc", "parsable-cite": "usc/19/2192" } ] }, { "text": "(d) Rules of House of Representatives and Senate \nThis section 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 is 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": "H213314B2475C3F05F5A9019DF400EEE", "header": "Rules of House of Representatives and Senate", "nested": [], "links": [] } ], "links": [ { "text": "19 U.S.C. 2192(b)", "legal-doc": "usc", "parsable-cite": "usc/19/2192" } ] }, { "text": "205. Participation in WTO panel proceedings \n(a) In general \nIf the United States Trade Representative, in proceedings before a dispute settlement panel or the Appellate Body of the WTO, seeks— (1) to enforce United States rights under a multilateral trade agreement, or (2) to defend a challenged action or determination of the United States Government, a private United States person that is supportive of the position of United States Government before the panel or Appellate Body and that has a direct economic interest in the resolution by the panel or the Appellate Body of the matters in dispute shall be permitted to participate in consultations and panel proceedings with respect to those matters. The Trade Representative shall issue regulations, consistent with subsections (b) and (c), ensuring full and effective participation by any such private person. (b) Access to information \nThe United States Trade Representative shall make available to persons described in subsection (a) all information presented to or otherwise obtained by the Trade Representative in connection with a WTO dispute settlement proceeding. The United States Trade Representative shall promulgate regulations implementing a protective order system to protect information designated as confidential by the party submitting the information. (c) Participation in panel process \nUpon request from a person described in subsection (a), the United States Trade Representative shall— (1) consult in advance with such person regarding the content of written submissions from the United States to the WTO panel concerned or to the other member countries involved; (2) include, where appropriate, such person or its appropriate representative as an advisory member of the delegation in sessions of the dispute settlement panel; (3) where such person or representative, as the case may be, would bring special knowledge to the proceeding, allow such person or representative to appear before the panel, directly or through counsel, under the supervision of responsible United States Government officials; and (4) in proceedings involving confidential information, allow appearance of such person only through counsel.", "id": "HDED4B27E437A6C14F0379DABA759E3F", "header": "Participation in WTO panel proceedings", "nested": [ { "text": "(a) In general \nIf the United States Trade Representative, in proceedings before a dispute settlement panel or the Appellate Body of the WTO, seeks— (1) to enforce United States rights under a multilateral trade agreement, or (2) to defend a challenged action or determination of the United States Government, a private United States person that is supportive of the position of United States Government before the panel or Appellate Body and that has a direct economic interest in the resolution by the panel or the Appellate Body of the matters in dispute shall be permitted to participate in consultations and panel proceedings with respect to those matters. The Trade Representative shall issue regulations, consistent with subsections (b) and (c), ensuring full and effective participation by any such private person.", "id": "HC37EA81447A5E6DE82B52C96F34B5FE", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Access to information \nThe United States Trade Representative shall make available to persons described in subsection (a) all information presented to or otherwise obtained by the Trade Representative in connection with a WTO dispute settlement proceeding. The United States Trade Representative shall promulgate regulations implementing a protective order system to protect information designated as confidential by the party submitting the information.", "id": "H4255F81B45DEAD953889798FA37129F", "header": "Access to information", "nested": [], "links": [] }, { "text": "(c) Participation in panel process \nUpon request from a person described in subsection (a), the United States Trade Representative shall— (1) consult in advance with such person regarding the content of written submissions from the United States to the WTO panel concerned or to the other member countries involved; (2) include, where appropriate, such person or its appropriate representative as an advisory member of the delegation in sessions of the dispute settlement panel; (3) where such person or representative, as the case may be, would bring special knowledge to the proceeding, allow such person or representative to appear before the panel, directly or through counsel, under the supervision of responsible United States Government officials; and (4) in proceedings involving confidential information, allow appearance of such person only through counsel.", "id": "H00F7D3FA4BEBEE23B94F158DA6CDB23", "header": "Participation in panel process", "nested": [], "links": [] } ], "links": [] }, { "text": "206. Definitions \nIn this title: (1) Appellate Body \nThe term Appellate Body means the Appellate Body established under Article 17.1 of the Dispute Settlement Understanding. (2) Adverse to the United States \nThe term adverse to the United States , with respect to a report of a dispute settlement panel or the Appellate Body, includes any report which holds any law, regulation, or application thereof by an agency of the Federal Government or of a State or local government in the United States to be inconsistent with obligations of the United States under a Uruguay Round Agreement (or a nullification or impairment thereof), whether or not there are other elements of the report which favor arguments made by the United States. (3) Dispute settlement panel; panel \nThe terms dispute settlement panel and panel mean a panel established pursuant to Article 6 of the Dispute Settlement Understanding. (4) Dispute Settlement Body \nThe term Dispute Settlement Body means the Dispute Settlement Body administering the rules and procedures set forth in the Dispute Settlement Understanding. (5) Dispute Settlement Understanding \nThe term Dispute Settlement Understanding means the Understanding on Rules and Procedures Governing the Settlement of Disputes referred to in section 101(d)(16) of the Uruguay Round Agreements Act. (6) Uruguay Round Agreement \nThe term Uruguay Round Agreement means any of the agreements described in section 101(d) of the Uruguay Round Agreements Act. (7) World Trade Organization; wto \nThe terms World Trade Organization and WTO mean the organization established pursuant to the WTO Agreement. (8) WTO agreement \nThe term WTO Agreement means the Agreement Establishing the World Trade Organization entered into on April 15, 1994.", "id": "HCEAB377D4D2C8A43187408872CC4DCA", "header": "Definitions", "nested": [], "links": [] }, { "text": "301. Restrictions on export-import Bank assistance \nSection 2 of the Export-Import Bank Act of 1945 ( 12 U.S.C. 635 ) is amended by adding at the end the following: (g) United States content requirements \nNotwithstanding any other provision of law, the Bank may not guarantee, insure, extend credit, or participate in the extension of credit in connection with any project or activity that involves the production of any commodity less than 80 percent of the value of which is attributable to content produced, manufactured, mined, or grown in the United States..", "id": "H208423A3449A7023214A46B1B04E49D", "header": "Restrictions on export-import Bank assistance", "nested": [], "links": [ { "text": "12 U.S.C. 635", "legal-doc": "usc", "parsable-cite": "usc/12/635" } ] }, { "text": "302. Restrictions on the overseas private investment Corporation \nSection 231A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2191a ) is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following: (c) United States content requirements \nNotwithstanding any other provision of law, the Corporation may not insure, reinsure, guarantee, or finance a project if the project involves the production of any commodity less than 80 percent of the value of which is attributable to content produced, manufactured, mined, or grown in the United States..", "id": "H32122834460A68944CC79DAD7D8EFCB", "header": "Restrictions on the overseas private investment Corporation", "nested": [], "links": [ { "text": "22 U.S.C. 2191a", "legal-doc": "usc", "parsable-cite": "usc/22/2191a" } ] }, { "text": "401. Negotiation period regarding currency manipulation \nBeginning on the date of the enactment of this Act, the President shall begin bilateral and multilateral negotiations for a 90-day period with those governments of countries that the President determines are engaged most egregiously in currency manipulation, for the purpose of seeking a prompt and orderly end to such currency manipulation and ensuring that the currencies of those countries are freely traded on international currency markets, or are established at a level that reflects a more appropriate and accurate market value. The President shall seek support in this process from international organizations and other countries and regions adversely affected by such currency manipulation.", "id": "H1D90DDD4FCBD464C9DFC00B711F24726", "header": "Negotiation period regarding currency manipulation", "nested": [], "links": [] }, { "text": "402. Findings of fact and report regarding currency manipulation \n(a) In general \nDuring the 90-day negotiation period described in section 401, the International Trade Commission shall— (1) examine in detail how countries have engaged in currency manipulation to increase their exports to the United States and limit their imports of United States products; (2) quantify the extent of such currency manipulation; (3) examine in detail how such currency manipulation has affected and will continue to affect United States manufacturers and United States trade levels, both for imports and exports; (4) review whether and to what extent reduction of currency manipulation and the accumulation of dollar-denominated currency reserves and public debt instruments might adversely affect United States interest rates and public debt financing; (5) determine all available mechanisms for redress under applicable international trade agreements, including the Articles of Agreement of the International Monetary Fund, the GATT 1994 (as defined in section 2 of the Uruguay Round Agreements Act), and other Uruguay Round Agreements (as defined in section 2 of that Act), and under United States trade laws; and (6) examine other relevant matters in connection with the issues described in paragraphs (1) through (5). (b) Report \nNot later than 90 days after the date of the enactment of this Act, the International Trade Commission shall provide a detailed report to the President, the United States Trade Representative, the Secretary of the Treasury, and the appropriate congressional committees on the findings made under subsection (a).", "id": "H5CB8D9DE55F246ECA325C8D008550FF", "header": "Findings of fact and report regarding currency manipulation", "nested": [ { "text": "(a) In general \nDuring the 90-day negotiation period described in section 401, the International Trade Commission shall— (1) examine in detail how countries have engaged in currency manipulation to increase their exports to the United States and limit their imports of United States products; (2) quantify the extent of such currency manipulation; (3) examine in detail how such currency manipulation has affected and will continue to affect United States manufacturers and United States trade levels, both for imports and exports; (4) review whether and to what extent reduction of currency manipulation and the accumulation of dollar-denominated currency reserves and public debt instruments might adversely affect United States interest rates and public debt financing; (5) determine all available mechanisms for redress under applicable international trade agreements, including the Articles of Agreement of the International Monetary Fund, the GATT 1994 (as defined in section 2 of the Uruguay Round Agreements Act), and other Uruguay Round Agreements (as defined in section 2 of that Act), and under United States trade laws; and (6) examine other relevant matters in connection with the issues described in paragraphs (1) through (5).", "id": "H2AF5078CC243476996692B1945BFE026", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than 90 days after the date of the enactment of this Act, the International Trade Commission shall provide a detailed report to the President, the United States Trade Representative, the Secretary of the Treasury, and the appropriate congressional committees on the findings made under subsection (a).", "id": "H8AB6A387ADD342298CCA1DDDFB306AA", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "403. Proceedings regarding currency manipulation \n(a) Proceeding \nAt the end of the 90-day negotiation period provided for in section 401, if agreements are not reached by the President to promptly end the currency manipulation with respect to which the negotiations were conducted, the President shall institute proceedings under the relevant provisions of international law and United States trade laws, including section 301 of the Trade Act of 1974, with respect to those countries that, based on the findings of the International Trade Commission under section 402, continue to engage in the most egregious currency manipulation. In such proceedings, the President shall, in addition to seeking a prompt end to currency manipulation, seek appropriate compensation for the damages incurred by manufacturers and other affected parties in the United States as a result of the currency manipulation. (b) Report to Congress if No Action Taken \nIf the President does not enter into negotiations with any country under section 401, or if the President does not institute proceedings under this section, the President shall, not later than 120 days after the date of the enactment of this Act, provide to the appropriate congressional committees a detailed explanation of why he has not done so.", "id": "H1E10F3FAEED74D138D8954989E00009E", "header": "Proceedings regarding currency manipulation", "nested": [ { "text": "(a) Proceeding \nAt the end of the 90-day negotiation period provided for in section 401, if agreements are not reached by the President to promptly end the currency manipulation with respect to which the negotiations were conducted, the President shall institute proceedings under the relevant provisions of international law and United States trade laws, including section 301 of the Trade Act of 1974, with respect to those countries that, based on the findings of the International Trade Commission under section 402, continue to engage in the most egregious currency manipulation. In such proceedings, the President shall, in addition to seeking a prompt end to currency manipulation, seek appropriate compensation for the damages incurred by manufacturers and other affected parties in the United States as a result of the currency manipulation.", "id": "H04C7AAE86A424B848C068359009DE059", "header": "Proceeding", "nested": [], "links": [] }, { "text": "(b) Report to Congress if No Action Taken \nIf the President does not enter into negotiations with any country under section 401, or if the President does not institute proceedings under this section, the President shall, not later than 120 days after the date of the enactment of this Act, provide to the appropriate congressional committees a detailed explanation of why he has not done so.", "id": "H7E2180207A9942D396DED340E29DDA27", "header": "Report to Congress if No Action Taken", "nested": [], "links": [] } ], "links": [] }, { "text": "404. Additional reports and recommendations \n(a) National security \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall provide a detailed report to the appropriate congressional committees evaluating the effects on the national security of the United States of countries engaging in significant currency manipulation, and the effect of such currency manipulation on critical manufacturing sectors such as the semiconductor industry. (b) Other unfair Trade practices \nNot later than 90 days after the date of the enactment of this Act, the United States Trade Representative and the International Trade Commission shall evaluate and report in detail to the appropriate congressional committees on other trade practices and trade barriers by major East Asian trading countries that may violate international trade agreements, including the practice of maintaining a value-added or other tax regime that effectively discriminates against imports by underpricing domestically produced goods. (c) Trade enforcement \nNot later than 90 days after the date of the enactment of this Act, the United States Trade Representative and the International Trade Commission shall report in detail to the appropriate congressional committees on steps that could be taken to significantly improve trade enforcement efforts against unfair trade practices by competitor trading countries, including making recommendations for additional support for trade enforcement efforts. (d) Trade promotion \nNot later than 90 days after the date of the enactment of this Act, the Secretary of State, the Secretary of Commerce, and the United States Trade Representative shall report in detail to the appropriate congressional committees on steps that could be taken to significantly improve trade promotion for United States goods and services, including recommendations on additional support to improve such trade promotion.", "id": "HC63D75E8442C45E49C2B67E9E94E1920", "header": "Additional reports and recommendations", "nested": [ { "text": "(a) National security \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall provide a detailed report to the appropriate congressional committees evaluating the effects on the national security of the United States of countries engaging in significant currency manipulation, and the effect of such currency manipulation on critical manufacturing sectors such as the semiconductor industry.", "id": "HC156BE9B512F4A62A23680204BF7001B", "header": "National security", "nested": [], "links": [] }, { "text": "(b) Other unfair Trade practices \nNot later than 90 days after the date of the enactment of this Act, the United States Trade Representative and the International Trade Commission shall evaluate and report in detail to the appropriate congressional committees on other trade practices and trade barriers by major East Asian trading countries that may violate international trade agreements, including the practice of maintaining a value-added or other tax regime that effectively discriminates against imports by underpricing domestically produced goods.", "id": "HA659B460C3AE408AA19F33CBC454AB98", "header": "Other unfair Trade practices", "nested": [], "links": [] }, { "text": "(c) Trade enforcement \nNot later than 90 days after the date of the enactment of this Act, the United States Trade Representative and the International Trade Commission shall report in detail to the appropriate congressional committees on steps that could be taken to significantly improve trade enforcement efforts against unfair trade practices by competitor trading countries, including making recommendations for additional support for trade enforcement efforts.", "id": "HD4A2BECB02AD4B74ADB972C4DA4D0A0", "header": "Trade enforcement", "nested": [], "links": [] }, { "text": "(d) Trade promotion \nNot later than 90 days after the date of the enactment of this Act, the Secretary of State, the Secretary of Commerce, and the United States Trade Representative shall report in detail to the appropriate congressional committees on steps that could be taken to significantly improve trade promotion for United States goods and services, including recommendations on additional support to improve such trade promotion.", "id": "HDEAFE2C59E814B2B8CFF71B9ADEFCE4", "header": "Trade promotion", "nested": [], "links": [] } ], "links": [] }, { "text": "405. Currency manipulation defined \nIn this title, the term currency manipulation means— (1) large-scale manipulation of exchange rates by a country in order to gain an unfair competitive advantage as stated in Article IV of the Articles of Agreement of the International Monetary Fund and related provisions; (2) sustained, large-scale currency intervention by a country in one direction, through mandatory foreign exchange sales at the central bank of a country at a fixed exchange rate; or (3) other mechanisms used by a country to maintain a currency at a fixed exchange rate relative to the currency of another country.", "id": "H5C17EF14779B45A69EC8DC52E3FCEC0", "header": "Currency manipulation defined", "nested": [], "links": [] }, { "text": "501. Disincentivization of corporate expatriation to avoid United States income tax \n(a) In general \nParagraph 4 of section 7701(a) of the Internal Revenue Code of 1986 (defining domestic) is amended to read as follows: (4) Domestic \n(A) In general \nExcept as provided in subparagraph (B), the term domestic when applied to a corporation or partnership means created or organized in the United States or under the law of the United States or of any State unless, in the case of a partnership, the Secretary provides otherwise by regulations. (B) Certain corporations treated as domestic \n(i) In general \nThe acquiring corporation in a corporate expatriation transaction shall be treated as a domestic corporation. (ii) Corporate expatriation transaction \nFor purposes of this subparagraph, the term corporate expatriation transaction means any transaction if— (I) a nominally foreign corporation (referred to in this subparagraph as the acquiring corporation ) acquires, as a result of such transaction, directly or indirectly substantially all of the properties held directly or indirectly by a domestic corporation, and (II) immediately after the transaction, more than 80 percent of the stock (by vote or value) of the acquiring corporation is held by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation. (iii) Lower stock ownership requirement in certain cases \nSubclause (II) of clause (ii) shall be applied by substituting 50 percent for 80 percent with respect to any nominally foreign corporation if— (I) such corporation does not have substantial business activities (when compared to the total business activities of the expanded affiliated group) in the foreign country in which or under the law of which the corporation is created or organized, and (II) the stock of the corporation is publicly traded and the principal market for the public trading of such stock is in the United States. (iv) Partnership transactions \nThe term corporate expatriation transaction includes any transaction if— (I) a nominally foreign corporation (referred to in this subparagraph as the acquiring corporation ) acquires, as a result of such transaction, directly or indirectly properties constituting a trade or business of a domestic partnership, (II) immediately after the transaction, more than 80 percent of the stock (by vote or value) of the acquiring corporation is held by former partners of the domestic partnership or related foreign partnerships (determined without regard to stock of the acquiring corporation which is sold in a public offering related to the transaction), and (III) the acquiring corporation meets the requirements of subclauses (I) and (II) of clause (iii). (v) Special rules \nFor purposes of this subparagraph— (I) a series of related transactions shall be treated as 1 transaction, and (II) stock held by members of the expanded affiliated group which includes the acquiring corporation shall not be taken into account in determining ownership. (vi) Other definitions \nFor purposes of this subparagraph— (I) Nominally foreign corporation \nThe term nominally foreign corporation means any corporation which would (but for this subparagraph) be treated as a foreign corporation. (II) Expanded affiliated group \nThe term expanded affiliated group means an affiliated group (as defined in section 1504(a) without regard to section 1504(b)). (III) Related foreign partnership \nA foreign partnership is related to a domestic partnership if they are under common control (within the meaning of section 482), or they shared the same trademark or tradename.. (b) Effective dates \n(1) In general \nThe amendment made by this section shall apply to corporate expatriation transactions completed after December 31, 2003. (2) Special rule \nThe amendment made by this section shall also apply to corporate expatriation transactions completed on or before December 31, 2003, but only with respect to taxable years of the acquiring corporation beginning after such date.", "id": "H3CB7665844ECF5C967FBF18359AD03D", "header": "Disincentivization of corporate expatriation to avoid United States income tax", "nested": [ { "text": "(a) In general \nParagraph 4 of section 7701(a) of the Internal Revenue Code of 1986 (defining domestic) is amended to read as follows: (4) Domestic \n(A) In general \nExcept as provided in subparagraph (B), the term domestic when applied to a corporation or partnership means created or organized in the United States or under the law of the United States or of any State unless, in the case of a partnership, the Secretary provides otherwise by regulations. (B) Certain corporations treated as domestic \n(i) In general \nThe acquiring corporation in a corporate expatriation transaction shall be treated as a domestic corporation. (ii) Corporate expatriation transaction \nFor purposes of this subparagraph, the term corporate expatriation transaction means any transaction if— (I) a nominally foreign corporation (referred to in this subparagraph as the acquiring corporation ) acquires, as a result of such transaction, directly or indirectly substantially all of the properties held directly or indirectly by a domestic corporation, and (II) immediately after the transaction, more than 80 percent of the stock (by vote or value) of the acquiring corporation is held by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation. (iii) Lower stock ownership requirement in certain cases \nSubclause (II) of clause (ii) shall be applied by substituting 50 percent for 80 percent with respect to any nominally foreign corporation if— (I) such corporation does not have substantial business activities (when compared to the total business activities of the expanded affiliated group) in the foreign country in which or under the law of which the corporation is created or organized, and (II) the stock of the corporation is publicly traded and the principal market for the public trading of such stock is in the United States. (iv) Partnership transactions \nThe term corporate expatriation transaction includes any transaction if— (I) a nominally foreign corporation (referred to in this subparagraph as the acquiring corporation ) acquires, as a result of such transaction, directly or indirectly properties constituting a trade or business of a domestic partnership, (II) immediately after the transaction, more than 80 percent of the stock (by vote or value) of the acquiring corporation is held by former partners of the domestic partnership or related foreign partnerships (determined without regard to stock of the acquiring corporation which is sold in a public offering related to the transaction), and (III) the acquiring corporation meets the requirements of subclauses (I) and (II) of clause (iii). (v) Special rules \nFor purposes of this subparagraph— (I) a series of related transactions shall be treated as 1 transaction, and (II) stock held by members of the expanded affiliated group which includes the acquiring corporation shall not be taken into account in determining ownership. (vi) Other definitions \nFor purposes of this subparagraph— (I) Nominally foreign corporation \nThe term nominally foreign corporation means any corporation which would (but for this subparagraph) be treated as a foreign corporation. (II) Expanded affiliated group \nThe term expanded affiliated group means an affiliated group (as defined in section 1504(a) without regard to section 1504(b)). (III) Related foreign partnership \nA foreign partnership is related to a domestic partnership if they are under common control (within the meaning of section 482), or they shared the same trademark or tradename..", "id": "H254763B24BBA4845A5FE6944B8F8131C", "header": "In general", "nested": [], "links": [ { "text": "section 7701(a)", "legal-doc": "usc", "parsable-cite": "usc/26/7701" } ] }, { "text": "(b) Effective dates \n(1) In general \nThe amendment made by this section shall apply to corporate expatriation transactions completed after December 31, 2003. (2) Special rule \nThe amendment made by this section shall also apply to corporate expatriation transactions completed on or before December 31, 2003, but only with respect to taxable years of the acquiring corporation beginning after such date.", "id": "H89D1461441374BD25A8BC68C58EFDAD", "header": "Effective dates", "nested": [], "links": [] } ], "links": [ { "text": "section 7701(a)", "legal-doc": "usc", "parsable-cite": "usc/26/7701" } ] }, { "text": "502. Inclusion of income from U.S. imports in subpart f income \n(a) In general \nSubsection (a) of section 954 of the Internal Revenue Code of 1986 (defining foreign base company income) is amended by striking and at the end of paragraph (4), by striking the period at the end of paragraph (5) and inserting , and , and by adding at the end the following: (6) the foreign base company United States import income for the taxable year (determined under subsection (j) and reduced as provided in subsection (b)(5)).. (b) Section 954 of such Code (defining foreign base company income) is amended by adding at the end the following: (j) Foreign base company United States import income \nFor purposes of subsection (a)(6)— (1) In general \nThe term foreign base company United States import income means gross income derived from the sale of goods manufactured, produced, grown, or extracted outside the United States and imported into the United States. (2) Not treated as another kind of base company income \nIncome of a corporation which is foreign base company United States import income shall not be considered foreign base company income of such corporation under paragraph (2), (3), (4), or (5) of subsection (a).. (c) Effective date \nThe amendments made by this section apply to taxable years of controlled foreign corporations beginning after the date of enactment of this Act and to taxable years of United States shareholders in which or with which such taxable years of controlled foreign corporations end.", "id": "HAE11F4A04D00BB9862D5818D072CDF2", "header": "Inclusion of income from U.S. imports in subpart f income", "nested": [ { "text": "(a) In general \nSubsection (a) of section 954 of the Internal Revenue Code of 1986 (defining foreign base company income) is amended by striking and at the end of paragraph (4), by striking the period at the end of paragraph (5) and inserting , and , and by adding at the end the following: (6) the foreign base company United States import income for the taxable year (determined under subsection (j) and reduced as provided in subsection (b)(5))..", "id": "HB223AD12476A5EC17CB3ADA6AE8063D", "header": "In general", "nested": [], "links": [ { "text": "section 954", "legal-doc": "usc", "parsable-cite": "usc/26/954" } ] }, { "text": "(b) Section 954 of such Code (defining foreign base company income) is amended by adding at the end the following: (j) Foreign base company United States import income \nFor purposes of subsection (a)(6)— (1) In general \nThe term foreign base company United States import income means gross income derived from the sale of goods manufactured, produced, grown, or extracted outside the United States and imported into the United States. (2) Not treated as another kind of base company income \nIncome of a corporation which is foreign base company United States import income shall not be considered foreign base company income of such corporation under paragraph (2), (3), (4), or (5) of subsection (a)..", "id": "H1EA825434C8BB022551CA1A670E5EFF", "header": null, "nested": [], "links": [] }, { "text": "(c) Effective date \nThe amendments made by this section apply to taxable years of controlled foreign corporations beginning after the date of enactment of this Act and to taxable years of United States shareholders in which or with which such taxable years of controlled foreign corporations end.", "id": "H5A72CE904F9633129F9EE5B739B176D", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "section 954", "legal-doc": "usc", "parsable-cite": "usc/26/954" } ] }, { "text": "503. Denial of treaty benefits for certain deductible payments \n(a) In general \nSection 894 of the Internal Revenue Code of 1986 (relating to income affected by treaty) is amended by adding at the end the following new subsection: (d) Denial of treaty benefits for certain deductible payments \n(1) In general \nA foreign entity shall not be entitled under any income tax treaty of the United States with a foreign country to any reduced rate of any withholding tax imposed by this title on any deductible foreign payment unless such entity is predominantly owned by individuals who are residents of such foreign country. (2) Deductible foreign payment \nFor purposes of paragraph (1), the term deductible foreign payment means any payment— (A) which is made by a domestic entity directly or indirectly to a related person which is a foreign entity, and (B) which is allowable as a deduction under this chapter. (3) Domestic and foreign entities; related person \nFor purposes of this subsection— (A) Domestic entity \nThe term domestic entity means any domestic corporation or domestic partnership. (B) Foreign entity \nThe term foreign entity means any foreign corporation or foreign partnership. (C) Related person \nThe term related person has the meaning given such term by section 954(d)(3) (determined by substituting domestic entity for controlled foreign corporation each place it appears). (4) Predominant ownership \nFor purposes of this subsection— (A) In general \nAn entity is predominantly owned by individuals who are residents of a foreign country if— (i) in the case of a corporation, more than 50 percent (by value) of the stock of such corporation is owned (within the meaning of section 883(c)(4)) by individuals who are residents of such foreign country, or (ii) in the case of a partnership, more than 50 percent (by value) of the beneficial interests in such partnership are so owned. (B) Publicly traded corporations \nA foreign corporation also shall be treated as predominantly owned by individuals who are residents of a foreign country if— (i) (I) the stock of such corporation is primarily and regularly traded on an established securities market in such foreign country, and (II) such corporation has activities within such foreign country which are substantial in relation to the total activities of such corporation and its related persons, or (ii) such corporation is wholly owned (directly or indirectly) by another foreign corporation which is described in clause (i). (5) Conduit payments \nUnder regulations prescribed by the Secretary, paragraph (1) shall not apply to a payment received by a foreign entity referred to in paragraph (1) if— (A) within a reasonable period after such entity receives such payment, such entity makes a comparable payment directly or indirectly to another related person, (B) such related person is a resident of a foreign country with which the United States has an income tax treaty, (C) such related person is predominantly owned by individuals who are residents of such country, and (D) the withholding tax rate reduction under such treaty is not less than the withholding tax rate reduction applicable (without regard to this paragraph) to the payment received by such foreign entity.. (b) Effective date \nThe amendment made by this section shall take effect on the date of the enactment of this Act.", "id": "H81512FD04550FD0628F1D996FF26BE2", "header": "Denial of treaty benefits for certain deductible payments", "nested": [ { "text": "(a) In general \nSection 894 of the Internal Revenue Code of 1986 (relating to income affected by treaty) is amended by adding at the end the following new subsection: (d) Denial of treaty benefits for certain deductible payments \n(1) In general \nA foreign entity shall not be entitled under any income tax treaty of the United States with a foreign country to any reduced rate of any withholding tax imposed by this title on any deductible foreign payment unless such entity is predominantly owned by individuals who are residents of such foreign country. (2) Deductible foreign payment \nFor purposes of paragraph (1), the term deductible foreign payment means any payment— (A) which is made by a domestic entity directly or indirectly to a related person which is a foreign entity, and (B) which is allowable as a deduction under this chapter. (3) Domestic and foreign entities; related person \nFor purposes of this subsection— (A) Domestic entity \nThe term domestic entity means any domestic corporation or domestic partnership. (B) Foreign entity \nThe term foreign entity means any foreign corporation or foreign partnership. (C) Related person \nThe term related person has the meaning given such term by section 954(d)(3) (determined by substituting domestic entity for controlled foreign corporation each place it appears). (4) Predominant ownership \nFor purposes of this subsection— (A) In general \nAn entity is predominantly owned by individuals who are residents of a foreign country if— (i) in the case of a corporation, more than 50 percent (by value) of the stock of such corporation is owned (within the meaning of section 883(c)(4)) by individuals who are residents of such foreign country, or (ii) in the case of a partnership, more than 50 percent (by value) of the beneficial interests in such partnership are so owned. (B) Publicly traded corporations \nA foreign corporation also shall be treated as predominantly owned by individuals who are residents of a foreign country if— (i) (I) the stock of such corporation is primarily and regularly traded on an established securities market in such foreign country, and (II) such corporation has activities within such foreign country which are substantial in relation to the total activities of such corporation and its related persons, or (ii) such corporation is wholly owned (directly or indirectly) by another foreign corporation which is described in clause (i). (5) Conduit payments \nUnder regulations prescribed by the Secretary, paragraph (1) shall not apply to a payment received by a foreign entity referred to in paragraph (1) if— (A) within a reasonable period after such entity receives such payment, such entity makes a comparable payment directly or indirectly to another related person, (B) such related person is a resident of a foreign country with which the United States has an income tax treaty, (C) such related person is predominantly owned by individuals who are residents of such country, and (D) the withholding tax rate reduction under such treaty is not less than the withholding tax rate reduction applicable (without regard to this paragraph) to the payment received by such foreign entity..", "id": "HE044A6C14AEADFB20D5FEEA384D6244", "header": "In general", "nested": [], "links": [ { "text": "Section 894", "legal-doc": "usc", "parsable-cite": "usc/26/894" } ] }, { "text": "(b) Effective date \nThe amendment made by this section shall take effect on the date of the enactment of this Act.", "id": "H184BEA4541EFAE9B206135B6D3F065B", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Section 894", "legal-doc": "usc", "parsable-cite": "usc/26/894" } ] }, { "text": "504. Repeal of exclusion for extraterritorial income \n(a) In general \nSection 114 of the Internal Revenue Code of 1986 is hereby repealed. (b) Conforming amendments \n(1) Subpart E of part III of subchapter N of chapter 1 of such Code (relating to qualifying foreign trade income) is hereby repealed. (2) The table of subparts for such part III is amended by striking the item relating to subpart E. (3) The table of sections for part III of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 114. (c) Effective date \n(1) In general \nThe amendments made by this section shall apply to transactions occurring after the date of the enactment of this Act. (2) Binding contracts \nThe amendments made by this section shall not apply to any transaction in the ordinary course of a trade or business which occurs pursuant to a binding contract— (A) which is between the taxpayer and a person who is not a related person (as defined in section 943(b)(3) of such Code, as in effect on the day before the date of the enactment of this Act), and (B) which is in effect on April 11, 2003, and at all times thereafter. For purposes of this paragraph, a binding contract shall include a purchase option, renewal option, or replacement option which is included in such contract. (d) Revocation of Section 943( e ) elections \n(1) In general \nIn the case of a corporation that elected to be treated as a domestic corporation under section 943(e) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of this Act)— (A) the corporation may revoke such election, effective as of the date of the enactment of this Act, and (B) if the corporation does revoke such election— (i) such corporation shall be treated as a domestic corporation transferring (as of the date of the enactment of this Act) all of its property to a foreign corporation in connection with an exchange described in section 354 of the Internal Revenue Code of 1986, and (ii) no gain or loss shall be recognized on such transfer. (2) Exception \nSubparagraph (B)(ii) of paragraph (1) shall not apply to gain on any asset held by the revoking corporation if— (A) the basis of such asset is determined in whole or in part by reference to the basis of such asset in the hands of the person from whom the revoking corporation acquired such asset, (B) the asset was acquired by transfer (not as a result of the election under section 943(e) of such Code) occurring on or after the 1st day on which its election under section 943(e) of such Code was effective, and (C) a principal purpose of the acquisition was the reduction or avoidance of tax. (e) General transition \n(1) In general \nIn the case of a taxable year ending after the date of the enactment of this Act and beginning before January 1, 2009, for purposes of chapter 1 of such Code, each current FSC/ETI beneficiary shall be allowed a deduction equal to the transition amount determined under this subsection with respect to such beneficiary for such year. (2) Current fsc/eti beneficiary \nThe term current FSC/ETI beneficiary means any corporation which entered into one or more transactions during its taxable year beginning in calendar year 2001 with respect to which FSC/ETI benefits were allowable. (3) Transition amount \nFor purposes of this subsection— (A) In general \nThe transition amount applicable to any current FSC/ETI beneficiary for any taxable year is the phaseout percentage of the adjusted base period amount. (B) Phaseout percentage \n(i) In general \nIn the case of a taxpayer using the calendar year as its taxable year, the phaseout percentage shall be determined under the following table: The phaseout Years: percentage is: 2004 and 2005 100 2006 75 2007 75 2008 50 2009 and thereafter 0. (ii) Special rule for 2003 \nThe phaseout percentage for 2003 shall be the amount that bears the same ratio to 100 percent as the number of days after the date of the enactment of this Act bears to 365. (iii) Special rule for fiscal year taxpayers \nIn the case of a taxpayer not using the calendar year as its taxable year, the phaseout percentage is the weighted average of the phaseout percentages determined under the preceding provisions of this paragraph with respect to calendar years any portion of which is included in the taxpayer’s taxable year. The weighted average shall be determined on the basis of the respective portions of the taxable year in each calendar year. (4) Adjusted base period amount \nFor purposes of this subsection— (A) In general \nIn the case of a taxpayer using the calendar year as its taxable year, the adjusted base period amount for any taxable year is the base period amount multiplied by the applicable percentage, as determined in the following table: The applicable Years: percentage is: 2003 100 2004 100 2005 105 2006 110 2007 115 2008 120 2009 and thereafter 0. (B) Base period amount \nThe base period amount is the aggregate FSC/ETI benefits for the taxpayer’s taxable year beginning in calendar year 2001. (C) Special rules for fiscal year taxpayers, etc \nRules similar to rules of clauses (ii) and (iii) of paragraph (3)(B) shall apply for purposes of this paragraph. (5) FSC/ETI benefit \nFor purposes of this subsection, the term FSC/ETI benefit means— (A) amounts excludable from gross income under section 114 of such Code, and (B) the exempt foreign trade income of related foreign sales corporations from property acquired from the taxpayer (determined without regard to section 923(a)(5) of such Code (relating to special rule for military property), as in effect on the day before the date of the enactment of the FSC Repeal and Extraterritorial Income Exclusion Act of 2000). In determining the FSC/ETI benefit there shall be excluded any amount attributable to a transaction with respect to which the taxpayer is the lessor unless the leased property was manufactured or produced in whole or in part by the taxpayer. (6) Special rule for farm cooperatives \nUnder regulations prescribed by the Secretary, determinations under this subsection with respect to an organization described in section 943(g)(1) of such Code, as in effect on the day before the date of the enactment of this Act, shall be made at the cooperative level and the purposes of this subsection shall be carried out by excluding amounts from the gross income of its patrons. (7) Certain rules to apply \nRules similar to the rules of section 41(f) of such Code shall apply for purposes of this subsection. (8) Coordination with binding contract rule \nThe deduction determined under paragraph (1) for any taxable year shall be reduced by the phaseout percentage of any FSC/ETI benefit realized for the taxable year by reason of subsection (c)(2). The preceding sentence shall not apply to any FSC/ETI benefit attributable to a transaction described in the last sentence of paragraph (5). (9) Special rule for taxable year which includes date of enactment \nIn the case of a taxable year which includes the date of the enactment of this Act, the deduction allowed under this subsection to any current FSC/ETI beneficiary shall in no event exceed— (A) 100 percent of such beneficiary’s adjusted base period amount for calendar year 2003, reduced by (B) the aggregate FSC/ETI benefits of such beneficiary with respect to transactions occurring during the portion of the taxable year ending on the date of the enactment of this Act.", "id": "H28B0A23147FCED39B70B839C00E2A13", "header": "Repeal of exclusion for extraterritorial income", "nested": [ { "text": "(a) In general \nSection 114 of the Internal Revenue Code of 1986 is hereby repealed.", "id": "H4116B690453EC7F73EFB858BDE4D2E1", "header": "In general", "nested": [], "links": [ { "text": "Section 114", "legal-doc": "usc", "parsable-cite": "usc/26/114" } ] }, { "text": "(b) Conforming amendments \n(1) Subpart E of part III of subchapter N of chapter 1 of such Code (relating to qualifying foreign trade income) is hereby repealed. (2) The table of subparts for such part III is amended by striking the item relating to subpart E. (3) The table of sections for part III of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 114.", "id": "H10B5206D4647D42AE3882697002DFB4", "header": "Conforming amendments", "nested": [], "links": [] }, { "text": "(c) Effective date \n(1) In general \nThe amendments made by this section shall apply to transactions occurring after the date of the enactment of this Act. (2) Binding contracts \nThe amendments made by this section shall not apply to any transaction in the ordinary course of a trade or business which occurs pursuant to a binding contract— (A) which is between the taxpayer and a person who is not a related person (as defined in section 943(b)(3) of such Code, as in effect on the day before the date of the enactment of this Act), and (B) which is in effect on April 11, 2003, and at all times thereafter. For purposes of this paragraph, a binding contract shall include a purchase option, renewal option, or replacement option which is included in such contract.", "id": "H4E0F9A9F4A272570F92AEB9CF4BFA38", "header": "Effective date", "nested": [], "links": [] }, { "text": "(d) Revocation of Section 943( e ) elections \n(1) In general \nIn the case of a corporation that elected to be treated as a domestic corporation under section 943(e) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of this Act)— (A) the corporation may revoke such election, effective as of the date of the enactment of this Act, and (B) if the corporation does revoke such election— (i) such corporation shall be treated as a domestic corporation transferring (as of the date of the enactment of this Act) all of its property to a foreign corporation in connection with an exchange described in section 354 of the Internal Revenue Code of 1986, and (ii) no gain or loss shall be recognized on such transfer. (2) Exception \nSubparagraph (B)(ii) of paragraph (1) shall not apply to gain on any asset held by the revoking corporation if— (A) the basis of such asset is determined in whole or in part by reference to the basis of such asset in the hands of the person from whom the revoking corporation acquired such asset, (B) the asset was acquired by transfer (not as a result of the election under section 943(e) of such Code) occurring on or after the 1st day on which its election under section 943(e) of such Code was effective, and (C) a principal purpose of the acquisition was the reduction or avoidance of tax.", "id": "H7AD00BF645C4834B56D9FEACCACD06D", "header": "Revocation of Section 943(e) elections", "nested": [], "links": [ { "text": "section 943(e)", "legal-doc": "usc", "parsable-cite": "usc/26/943" }, { "text": "section 354", "legal-doc": "usc", "parsable-cite": "usc/26/354" } ] }, { "text": "(e) General transition \n(1) In general \nIn the case of a taxable year ending after the date of the enactment of this Act and beginning before January 1, 2009, for purposes of chapter 1 of such Code, each current FSC/ETI beneficiary shall be allowed a deduction equal to the transition amount determined under this subsection with respect to such beneficiary for such year. (2) Current fsc/eti beneficiary \nThe term current FSC/ETI beneficiary means any corporation which entered into one or more transactions during its taxable year beginning in calendar year 2001 with respect to which FSC/ETI benefits were allowable. (3) Transition amount \nFor purposes of this subsection— (A) In general \nThe transition amount applicable to any current FSC/ETI beneficiary for any taxable year is the phaseout percentage of the adjusted base period amount. (B) Phaseout percentage \n(i) In general \nIn the case of a taxpayer using the calendar year as its taxable year, the phaseout percentage shall be determined under the following table: The phaseout Years: percentage is: 2004 and 2005 100 2006 75 2007 75 2008 50 2009 and thereafter 0. (ii) Special rule for 2003 \nThe phaseout percentage for 2003 shall be the amount that bears the same ratio to 100 percent as the number of days after the date of the enactment of this Act bears to 365. (iii) Special rule for fiscal year taxpayers \nIn the case of a taxpayer not using the calendar year as its taxable year, the phaseout percentage is the weighted average of the phaseout percentages determined under the preceding provisions of this paragraph with respect to calendar years any portion of which is included in the taxpayer’s taxable year. The weighted average shall be determined on the basis of the respective portions of the taxable year in each calendar year. (4) Adjusted base period amount \nFor purposes of this subsection— (A) In general \nIn the case of a taxpayer using the calendar year as its taxable year, the adjusted base period amount for any taxable year is the base period amount multiplied by the applicable percentage, as determined in the following table: The applicable Years: percentage is: 2003 100 2004 100 2005 105 2006 110 2007 115 2008 120 2009 and thereafter 0. (B) Base period amount \nThe base period amount is the aggregate FSC/ETI benefits for the taxpayer’s taxable year beginning in calendar year 2001. (C) Special rules for fiscal year taxpayers, etc \nRules similar to rules of clauses (ii) and (iii) of paragraph (3)(B) shall apply for purposes of this paragraph. (5) FSC/ETI benefit \nFor purposes of this subsection, the term FSC/ETI benefit means— (A) amounts excludable from gross income under section 114 of such Code, and (B) the exempt foreign trade income of related foreign sales corporations from property acquired from the taxpayer (determined without regard to section 923(a)(5) of such Code (relating to special rule for military property), as in effect on the day before the date of the enactment of the FSC Repeal and Extraterritorial Income Exclusion Act of 2000). In determining the FSC/ETI benefit there shall be excluded any amount attributable to a transaction with respect to which the taxpayer is the lessor unless the leased property was manufactured or produced in whole or in part by the taxpayer. (6) Special rule for farm cooperatives \nUnder regulations prescribed by the Secretary, determinations under this subsection with respect to an organization described in section 943(g)(1) of such Code, as in effect on the day before the date of the enactment of this Act, shall be made at the cooperative level and the purposes of this subsection shall be carried out by excluding amounts from the gross income of its patrons. (7) Certain rules to apply \nRules similar to the rules of section 41(f) of such Code shall apply for purposes of this subsection. (8) Coordination with binding contract rule \nThe deduction determined under paragraph (1) for any taxable year shall be reduced by the phaseout percentage of any FSC/ETI benefit realized for the taxable year by reason of subsection (c)(2). The preceding sentence shall not apply to any FSC/ETI benefit attributable to a transaction described in the last sentence of paragraph (5). (9) Special rule for taxable year which includes date of enactment \nIn the case of a taxable year which includes the date of the enactment of this Act, the deduction allowed under this subsection to any current FSC/ETI beneficiary shall in no event exceed— (A) 100 percent of such beneficiary’s adjusted base period amount for calendar year 2003, reduced by (B) the aggregate FSC/ETI benefits of such beneficiary with respect to transactions occurring during the portion of the taxable year ending on the date of the enactment of this Act.", "id": "H37ABBBEA437F7288D10A9DBA7CF77BF", "header": "General transition", "nested": [], "links": [] } ], "links": [ { "text": "Section 114", "legal-doc": "usc", "parsable-cite": "usc/26/114" }, { "text": "section 943(e)", "legal-doc": "usc", "parsable-cite": "usc/26/943" }, { "text": "section 354", "legal-doc": "usc", "parsable-cite": "usc/26/354" } ] }, { "text": "505. Deduction relating to income attributable to United States production activities \n(a) In general \nPart VIII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to special deductions for corporations) is amended by adding at the end the following new section: 250. Income attributable to domestic production activities \n(a) In general \nIn the case of a corporation, there shall be allowed as a deduction an amount equal to 10 percent of the qualified production activities income of the corporation for the taxable year. (b) Phase in \nIn the case of taxable years beginning in 2006, 2007, 2008 or 2009, subsection (a) shall be applied by substituting for the percentage contained therein the transition percentage determined under the following table: Taxable years The transition beginning in: percentage is: 2006 1 2007 2 2008 4 2009 9. (c) Qualified production activities income \nFor purposes of this section, the term qualified production activities income means the product of— (1) the portion of the modified taxable income of the taxpayer which is attributable to domestic production activities, and (2) the domestic/foreign fraction. (d) Determination of income attributable to domestic production activities \nFor purposes of this section— (1) In general \nThe portion of the modified taxable income which is attributable to domestic production activities is so much of the modified taxable income for the taxable year as does not exceed— (A) the taxpayer’s domestic production gross receipts for such taxable year, reduced by (B) the sum of— (i) the costs of goods sold that are allocable to such receipts, (ii) other deductions, expenses, or losses directly allocable to such receipts, and (iii) a ratable portion of other deductions, expenses, and losses that are not directly allocable to such receipts or another class of income. (2) Allocation method \nExcept as provided in regulations, allocations under clauses (ii) and (iii) of paragraph (1)(B) shall be made under the principles used in determining the portion of taxable income from sources within and without the United States. (3) Special rule \n(A) For purposes of determining costs under clause (i) of paragraph (1)(B), any item or service brought into the United States without a transfer price meeting the requirements of section 482 shall be treated as acquired by purchase, and its cost shall be treated as not less than its value when it entered the United States. A similar rule shall apply in determining the adjusted basis of leased or rented property where the lease or rental gives rise to domestic production gross receipts. (B) In the case of any property described in subparagraph (A) that had been exported by the taxpayer for further manufacture, the increase in cost (or adjusted basis) under subparagraph (A) shall not exceed the difference between the value of the property when exported and the value of the property when brought back into the United States after the further manufacture. (4) Modified taxable income \nThe term modified taxable income means taxable income computed without regard to the deduction allowable under this section. (e) Domestic production gross receipts \nFor purposes of this section— (1) In general \nThe term domestic production gross receipts means the gross receipts of the taxpayer which are derived from— (A) any sale, exchange, or other disposition of, or (B) any lease, rental or license of, qualifying production property which was manufactured, produced, grown, or extracted in whole or in significant part by the taxpayer within the United States. (2) Special rule \nThe term domestic production gross receipts includes gross receipts of the taxpayer from the sale, exchange, or other disposition of replacement parts if— (A) such parts are sold by the taxpayer as replacement parts for qualified production property produced or manufactured in whole or significant part by the taxpayer in the United States, and (B) the taxpayer (or a related party) owns the designs for such parts. (3) Related party \nThe term related party means any corporation which is a member of the taxpayer’s expanded affiliated group. (f) Qualifying production property \nFor purposes of this section— (1) In general \nExcept as otherwise provided in this paragraph, the term qualifying production property means— (A) any tangible personal property, (B) any computer software, and (C) any films, tapes, records, or similar reproductions. (2) Exclusions from qualifying production property \nThe term qualifying production property shall not include— (A) consumable property that is sold, leased, or licensed by the taxpayer as an integral part of the provision of services, (B) oil or gas (or any primary product thereof), (C) electricity, (D) water supplied by pipeline to the consumer, (E) any unprocessed timber which is softwood, (F) utility services, or (G) any property (not described in paragraph (1)(B)) which is a film, tape, recording, book, magazine, newspaper, or similar property the market for which is primarily topical or otherwise essentially transitory in nature. For purposes of subparagraph (E), the term unprocessed timber means any log, cant, or similar form of timber. (g) Domestic/Foreign fraction \nFor purposes of this section— (1) In general \nThe term domestic/foreign fraction means a fraction— (A) the numerator of which is the value of the domestic production of the taxpayer, and (B) the denominator of which is the value of the worldwide production of the taxpayer. (2) Value of domestic production \nThe value of domestic production is the excess of— (A) the domestic production gross receipts, over (B) the cost of purchased inputs allocable to such receipts that are deductible under this chapter for the taxable year. (3) Purchased inputs \n(A) In general \nPurchased inputs are any of the following items acquired by purchase: (i) Services (other than services of employees) used in manufacture, production, growth, or extraction activities. (ii) Items consumed in connection with such activities. (iii) Items incorporated as part of the property being manufactured, produced, grown, or extracted. (B) Special rule \nRules similar to the rules of subsection (d)(3) shall apply for purposes of this subsection. (4) Value of worldwide production \n(A) In general \nThe value of worldwide production shall be determined under the principles of paragraph (2), except that— (i) worldwide production gross receipts shall be taken into account, and (ii) paragraph (3)(B) shall not apply. (B) Worldwide production gross receipts \nThe worldwide production gross receipts is the amount that would be determined under subsection (e) if such subsection were applied without any reference to the United States. (5) Special rule for affiliated groups \n(A) In general \nIn the case of a taxpayer that is a member of an expanded affiliated group, the domestic/foreign fraction shall be the amount determined under the preceding provisions of this subsection by treating all members of such group as a single corporation. (B) Expanded affiliated group \nThe term expanded affiliated group means an affiliated group as defined in section 1504(a), determined— (i) by substituting 50 percent for 80 percent each place it appears, and (ii) without regard to paragraphs (2), (3), and (4) of section 1504(b). (h) Definitions and special rules \n(1) United States \nFor purposes of this section, the term United States includes the Commonwealth of Puerto Rico and any other possession of the United States. (2) Special rule for partnerships \nFor purposes of this section, a corporation’s distributive share of any partnership item shall be taken into account as if directly realized by the corporation. (3) Coordination with minimum tax \nThe deduction under this section shall be allowed for purposes of the tax imposed by section 55; except that for purposes of section 55, alternative minimum taxable income shall be taken into account in determining the deduction under this section. (4) Ordering rule \nThe amount of any other deduction allowable under this chapter shall be determined as if this section had not been enacted. (5) Coordination with transition rules \nFor purposes of this section— (A) domestic production gross receipts shall not include gross receipts from any transaction if the binding contract transition relief of section 2(c)(2) of the Job Protection Act of 2003 applies to such transaction, and (B) any deduction allowed under section 2(e) of such Act shall be disregarded in determining the portion of the taxable income which is attributable to domestic production gross receipts.. (b) Clerical amendment \nThe table of sections for part VIII of subchapter B of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 250. Income attributable to domestic production activities. (c) Effective date \n(1) In general \nThe amendments made by this section shall apply to taxable years beginning after 2005. (2) Application of section 15 \nSection 15 of the Internal revenue Code of 1986 shall apply to the amendments made to this section as if they were changes in a rate of tax.", "id": "H9D45A1DD48A7C7E6360370B0F7574DA", "header": "Deduction relating to income attributable to United States production activities", "nested": [ { "text": "(a) In general \nPart VIII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to special deductions for corporations) is amended by adding at the end the following new section: 250. Income attributable to domestic production activities \n(a) In general \nIn the case of a corporation, there shall be allowed as a deduction an amount equal to 10 percent of the qualified production activities income of the corporation for the taxable year. (b) Phase in \nIn the case of taxable years beginning in 2006, 2007, 2008 or 2009, subsection (a) shall be applied by substituting for the percentage contained therein the transition percentage determined under the following table: Taxable years The transition beginning in: percentage is: 2006 1 2007 2 2008 4 2009 9. (c) Qualified production activities income \nFor purposes of this section, the term qualified production activities income means the product of— (1) the portion of the modified taxable income of the taxpayer which is attributable to domestic production activities, and (2) the domestic/foreign fraction. (d) Determination of income attributable to domestic production activities \nFor purposes of this section— (1) In general \nThe portion of the modified taxable income which is attributable to domestic production activities is so much of the modified taxable income for the taxable year as does not exceed— (A) the taxpayer’s domestic production gross receipts for such taxable year, reduced by (B) the sum of— (i) the costs of goods sold that are allocable to such receipts, (ii) other deductions, expenses, or losses directly allocable to such receipts, and (iii) a ratable portion of other deductions, expenses, and losses that are not directly allocable to such receipts or another class of income. (2) Allocation method \nExcept as provided in regulations, allocations under clauses (ii) and (iii) of paragraph (1)(B) shall be made under the principles used in determining the portion of taxable income from sources within and without the United States. (3) Special rule \n(A) For purposes of determining costs under clause (i) of paragraph (1)(B), any item or service brought into the United States without a transfer price meeting the requirements of section 482 shall be treated as acquired by purchase, and its cost shall be treated as not less than its value when it entered the United States. A similar rule shall apply in determining the adjusted basis of leased or rented property where the lease or rental gives rise to domestic production gross receipts. (B) In the case of any property described in subparagraph (A) that had been exported by the taxpayer for further manufacture, the increase in cost (or adjusted basis) under subparagraph (A) shall not exceed the difference between the value of the property when exported and the value of the property when brought back into the United States after the further manufacture. (4) Modified taxable income \nThe term modified taxable income means taxable income computed without regard to the deduction allowable under this section. (e) Domestic production gross receipts \nFor purposes of this section— (1) In general \nThe term domestic production gross receipts means the gross receipts of the taxpayer which are derived from— (A) any sale, exchange, or other disposition of, or (B) any lease, rental or license of, qualifying production property which was manufactured, produced, grown, or extracted in whole or in significant part by the taxpayer within the United States. (2) Special rule \nThe term domestic production gross receipts includes gross receipts of the taxpayer from the sale, exchange, or other disposition of replacement parts if— (A) such parts are sold by the taxpayer as replacement parts for qualified production property produced or manufactured in whole or significant part by the taxpayer in the United States, and (B) the taxpayer (or a related party) owns the designs for such parts. (3) Related party \nThe term related party means any corporation which is a member of the taxpayer’s expanded affiliated group. (f) Qualifying production property \nFor purposes of this section— (1) In general \nExcept as otherwise provided in this paragraph, the term qualifying production property means— (A) any tangible personal property, (B) any computer software, and (C) any films, tapes, records, or similar reproductions. (2) Exclusions from qualifying production property \nThe term qualifying production property shall not include— (A) consumable property that is sold, leased, or licensed by the taxpayer as an integral part of the provision of services, (B) oil or gas (or any primary product thereof), (C) electricity, (D) water supplied by pipeline to the consumer, (E) any unprocessed timber which is softwood, (F) utility services, or (G) any property (not described in paragraph (1)(B)) which is a film, tape, recording, book, magazine, newspaper, or similar property the market for which is primarily topical or otherwise essentially transitory in nature. For purposes of subparagraph (E), the term unprocessed timber means any log, cant, or similar form of timber. (g) Domestic/Foreign fraction \nFor purposes of this section— (1) In general \nThe term domestic/foreign fraction means a fraction— (A) the numerator of which is the value of the domestic production of the taxpayer, and (B) the denominator of which is the value of the worldwide production of the taxpayer. (2) Value of domestic production \nThe value of domestic production is the excess of— (A) the domestic production gross receipts, over (B) the cost of purchased inputs allocable to such receipts that are deductible under this chapter for the taxable year. (3) Purchased inputs \n(A) In general \nPurchased inputs are any of the following items acquired by purchase: (i) Services (other than services of employees) used in manufacture, production, growth, or extraction activities. (ii) Items consumed in connection with such activities. (iii) Items incorporated as part of the property being manufactured, produced, grown, or extracted. (B) Special rule \nRules similar to the rules of subsection (d)(3) shall apply for purposes of this subsection. (4) Value of worldwide production \n(A) In general \nThe value of worldwide production shall be determined under the principles of paragraph (2), except that— (i) worldwide production gross receipts shall be taken into account, and (ii) paragraph (3)(B) shall not apply. (B) Worldwide production gross receipts \nThe worldwide production gross receipts is the amount that would be determined under subsection (e) if such subsection were applied without any reference to the United States. (5) Special rule for affiliated groups \n(A) In general \nIn the case of a taxpayer that is a member of an expanded affiliated group, the domestic/foreign fraction shall be the amount determined under the preceding provisions of this subsection by treating all members of such group as a single corporation. (B) Expanded affiliated group \nThe term expanded affiliated group means an affiliated group as defined in section 1504(a), determined— (i) by substituting 50 percent for 80 percent each place it appears, and (ii) without regard to paragraphs (2), (3), and (4) of section 1504(b). (h) Definitions and special rules \n(1) United States \nFor purposes of this section, the term United States includes the Commonwealth of Puerto Rico and any other possession of the United States. (2) Special rule for partnerships \nFor purposes of this section, a corporation’s distributive share of any partnership item shall be taken into account as if directly realized by the corporation. (3) Coordination with minimum tax \nThe deduction under this section shall be allowed for purposes of the tax imposed by section 55; except that for purposes of section 55, alternative minimum taxable income shall be taken into account in determining the deduction under this section. (4) Ordering rule \nThe amount of any other deduction allowable under this chapter shall be determined as if this section had not been enacted. (5) Coordination with transition rules \nFor purposes of this section— (A) domestic production gross receipts shall not include gross receipts from any transaction if the binding contract transition relief of section 2(c)(2) of the Job Protection Act of 2003 applies to such transaction, and (B) any deduction allowed under section 2(e) of such Act shall be disregarded in determining the portion of the taxable income which is attributable to domestic production gross receipts..", "id": "H4753FBEA48E2822EC1CA408055B0EF9", "header": "In general", "nested": [], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" } ] }, { "text": "(b) Clerical amendment \nThe table of sections for part VIII of subchapter B of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 250. Income attributable to domestic production activities.", "id": "H1157F96E41F6176AB49A3DBEB3A3CC7", "header": "Clerical amendment", "nested": [], "links": [] }, { "text": "(c) Effective date \n(1) In general \nThe amendments made by this section shall apply to taxable years beginning after 2005. (2) Application of section 15 \nSection 15 of the Internal revenue Code of 1986 shall apply to the amendments made to this section as if they were changes in a rate of tax.", "id": "H666F281144BFCC82E17B5C9FE485E06", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" } ] }, { "text": "250. Income attributable to domestic production activities \n(a) In general \nIn the case of a corporation, there shall be allowed as a deduction an amount equal to 10 percent of the qualified production activities income of the corporation for the taxable year. (b) Phase in \nIn the case of taxable years beginning in 2006, 2007, 2008 or 2009, subsection (a) shall be applied by substituting for the percentage contained therein the transition percentage determined under the following table: Taxable years The transition beginning in: percentage is: 2006 1 2007 2 2008 4 2009 9. (c) Qualified production activities income \nFor purposes of this section, the term qualified production activities income means the product of— (1) the portion of the modified taxable income of the taxpayer which is attributable to domestic production activities, and (2) the domestic/foreign fraction. (d) Determination of income attributable to domestic production activities \nFor purposes of this section— (1) In general \nThe portion of the modified taxable income which is attributable to domestic production activities is so much of the modified taxable income for the taxable year as does not exceed— (A) the taxpayer’s domestic production gross receipts for such taxable year, reduced by (B) the sum of— (i) the costs of goods sold that are allocable to such receipts, (ii) other deductions, expenses, or losses directly allocable to such receipts, and (iii) a ratable portion of other deductions, expenses, and losses that are not directly allocable to such receipts or another class of income. (2) Allocation method \nExcept as provided in regulations, allocations under clauses (ii) and (iii) of paragraph (1)(B) shall be made under the principles used in determining the portion of taxable income from sources within and without the United States. (3) Special rule \n(A) For purposes of determining costs under clause (i) of paragraph (1)(B), any item or service brought into the United States without a transfer price meeting the requirements of section 482 shall be treated as acquired by purchase, and its cost shall be treated as not less than its value when it entered the United States. A similar rule shall apply in determining the adjusted basis of leased or rented property where the lease or rental gives rise to domestic production gross receipts. (B) In the case of any property described in subparagraph (A) that had been exported by the taxpayer for further manufacture, the increase in cost (or adjusted basis) under subparagraph (A) shall not exceed the difference between the value of the property when exported and the value of the property when brought back into the United States after the further manufacture. (4) Modified taxable income \nThe term modified taxable income means taxable income computed without regard to the deduction allowable under this section. (e) Domestic production gross receipts \nFor purposes of this section— (1) In general \nThe term domestic production gross receipts means the gross receipts of the taxpayer which are derived from— (A) any sale, exchange, or other disposition of, or (B) any lease, rental or license of, qualifying production property which was manufactured, produced, grown, or extracted in whole or in significant part by the taxpayer within the United States. (2) Special rule \nThe term domestic production gross receipts includes gross receipts of the taxpayer from the sale, exchange, or other disposition of replacement parts if— (A) such parts are sold by the taxpayer as replacement parts for qualified production property produced or manufactured in whole or significant part by the taxpayer in the United States, and (B) the taxpayer (or a related party) owns the designs for such parts. (3) Related party \nThe term related party means any corporation which is a member of the taxpayer’s expanded affiliated group. (f) Qualifying production property \nFor purposes of this section— (1) In general \nExcept as otherwise provided in this paragraph, the term qualifying production property means— (A) any tangible personal property, (B) any computer software, and (C) any films, tapes, records, or similar reproductions. (2) Exclusions from qualifying production property \nThe term qualifying production property shall not include— (A) consumable property that is sold, leased, or licensed by the taxpayer as an integral part of the provision of services, (B) oil or gas (or any primary product thereof), (C) electricity, (D) water supplied by pipeline to the consumer, (E) any unprocessed timber which is softwood, (F) utility services, or (G) any property (not described in paragraph (1)(B)) which is a film, tape, recording, book, magazine, newspaper, or similar property the market for which is primarily topical or otherwise essentially transitory in nature. For purposes of subparagraph (E), the term unprocessed timber means any log, cant, or similar form of timber. (g) Domestic/Foreign fraction \nFor purposes of this section— (1) In general \nThe term domestic/foreign fraction means a fraction— (A) the numerator of which is the value of the domestic production of the taxpayer, and (B) the denominator of which is the value of the worldwide production of the taxpayer. (2) Value of domestic production \nThe value of domestic production is the excess of— (A) the domestic production gross receipts, over (B) the cost of purchased inputs allocable to such receipts that are deductible under this chapter for the taxable year. (3) Purchased inputs \n(A) In general \nPurchased inputs are any of the following items acquired by purchase: (i) Services (other than services of employees) used in manufacture, production, growth, or extraction activities. (ii) Items consumed in connection with such activities. (iii) Items incorporated as part of the property being manufactured, produced, grown, or extracted. (B) Special rule \nRules similar to the rules of subsection (d)(3) shall apply for purposes of this subsection. (4) Value of worldwide production \n(A) In general \nThe value of worldwide production shall be determined under the principles of paragraph (2), except that— (i) worldwide production gross receipts shall be taken into account, and (ii) paragraph (3)(B) shall not apply. (B) Worldwide production gross receipts \nThe worldwide production gross receipts is the amount that would be determined under subsection (e) if such subsection were applied without any reference to the United States. (5) Special rule for affiliated groups \n(A) In general \nIn the case of a taxpayer that is a member of an expanded affiliated group, the domestic/foreign fraction shall be the amount determined under the preceding provisions of this subsection by treating all members of such group as a single corporation. (B) Expanded affiliated group \nThe term expanded affiliated group means an affiliated group as defined in section 1504(a), determined— (i) by substituting 50 percent for 80 percent each place it appears, and (ii) without regard to paragraphs (2), (3), and (4) of section 1504(b). (h) Definitions and special rules \n(1) United States \nFor purposes of this section, the term United States includes the Commonwealth of Puerto Rico and any other possession of the United States. (2) Special rule for partnerships \nFor purposes of this section, a corporation’s distributive share of any partnership item shall be taken into account as if directly realized by the corporation. (3) Coordination with minimum tax \nThe deduction under this section shall be allowed for purposes of the tax imposed by section 55; except that for purposes of section 55, alternative minimum taxable income shall be taken into account in determining the deduction under this section. (4) Ordering rule \nThe amount of any other deduction allowable under this chapter shall be determined as if this section had not been enacted. (5) Coordination with transition rules \nFor purposes of this section— (A) domestic production gross receipts shall not include gross receipts from any transaction if the binding contract transition relief of section 2(c)(2) of the Job Protection Act of 2003 applies to such transaction, and (B) any deduction allowed under section 2(e) of such Act shall be disregarded in determining the portion of the taxable income which is attributable to domestic production gross receipts.", "id": "H4C0F7F2143BA8176C1DD9BAA2BCD8D4", "header": "Income attributable to domestic production activities", "nested": [ { "text": "(a) In general \nIn the case of a corporation, there shall be allowed as a deduction an amount equal to 10 percent of the qualified production activities income of the corporation for the taxable year.", "id": "H3ADBA78F49F81EB2167284A4182BD73", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Phase in \nIn the case of taxable years beginning in 2006, 2007, 2008 or 2009, subsection (a) shall be applied by substituting for the percentage contained therein the transition percentage determined under the following table: Taxable years The transition beginning in: percentage is: 2006 1 2007 2 2008 4 2009 9.", "id": "H9CA84EBC40319E521E5AC8A579CDFBF", "header": "Phase in", "nested": [], "links": [] }, { "text": "(c) Qualified production activities income \nFor purposes of this section, the term qualified production activities income means the product of— (1) the portion of the modified taxable income of the taxpayer which is attributable to domestic production activities, and (2) the domestic/foreign fraction.", "id": "H2EC3A5064F9CE396CE704699B38F64E", "header": "Qualified production activities income", "nested": [], "links": [] }, { "text": "(d) Determination of income attributable to domestic production activities \nFor purposes of this section— (1) In general \nThe portion of the modified taxable income which is attributable to domestic production activities is so much of the modified taxable income for the taxable year as does not exceed— (A) the taxpayer’s domestic production gross receipts for such taxable year, reduced by (B) the sum of— (i) the costs of goods sold that are allocable to such receipts, (ii) other deductions, expenses, or losses directly allocable to such receipts, and (iii) a ratable portion of other deductions, expenses, and losses that are not directly allocable to such receipts or another class of income. (2) Allocation method \nExcept as provided in regulations, allocations under clauses (ii) and (iii) of paragraph (1)(B) shall be made under the principles used in determining the portion of taxable income from sources within and without the United States. (3) Special rule \n(A) For purposes of determining costs under clause (i) of paragraph (1)(B), any item or service brought into the United States without a transfer price meeting the requirements of section 482 shall be treated as acquired by purchase, and its cost shall be treated as not less than its value when it entered the United States. A similar rule shall apply in determining the adjusted basis of leased or rented property where the lease or rental gives rise to domestic production gross receipts. (B) In the case of any property described in subparagraph (A) that had been exported by the taxpayer for further manufacture, the increase in cost (or adjusted basis) under subparagraph (A) shall not exceed the difference between the value of the property when exported and the value of the property when brought back into the United States after the further manufacture. (4) Modified taxable income \nThe term modified taxable income means taxable income computed without regard to the deduction allowable under this section.", "id": "H678E12CC473C7D09FA9A408FFBB8118", "header": "Determination of income attributable to domestic production activities", "nested": [], "links": [] }, { "text": "(e) Domestic production gross receipts \nFor purposes of this section— (1) In general \nThe term domestic production gross receipts means the gross receipts of the taxpayer which are derived from— (A) any sale, exchange, or other disposition of, or (B) any lease, rental or license of, qualifying production property which was manufactured, produced, grown, or extracted in whole or in significant part by the taxpayer within the United States. (2) Special rule \nThe term domestic production gross receipts includes gross receipts of the taxpayer from the sale, exchange, or other disposition of replacement parts if— (A) such parts are sold by the taxpayer as replacement parts for qualified production property produced or manufactured in whole or significant part by the taxpayer in the United States, and (B) the taxpayer (or a related party) owns the designs for such parts. (3) Related party \nThe term related party means any corporation which is a member of the taxpayer’s expanded affiliated group.", "id": "HE8038A0F44D548322B8B85B9A00137B", "header": "Domestic production gross receipts", "nested": [], "links": [] }, { "text": "(f) Qualifying production property \nFor purposes of this section— (1) In general \nExcept as otherwise provided in this paragraph, the term qualifying production property means— (A) any tangible personal property, (B) any computer software, and (C) any films, tapes, records, or similar reproductions. (2) Exclusions from qualifying production property \nThe term qualifying production property shall not include— (A) consumable property that is sold, leased, or licensed by the taxpayer as an integral part of the provision of services, (B) oil or gas (or any primary product thereof), (C) electricity, (D) water supplied by pipeline to the consumer, (E) any unprocessed timber which is softwood, (F) utility services, or (G) any property (not described in paragraph (1)(B)) which is a film, tape, recording, book, magazine, newspaper, or similar property the market for which is primarily topical or otherwise essentially transitory in nature. For purposes of subparagraph (E), the term unprocessed timber means any log, cant, or similar form of timber.", "id": "HA7D2F39C404DBA6C5D091CA2FA39ADB", "header": "Qualifying production property", "nested": [], "links": [] }, { "text": "(g) Domestic/Foreign fraction \nFor purposes of this section— (1) In general \nThe term domestic/foreign fraction means a fraction— (A) the numerator of which is the value of the domestic production of the taxpayer, and (B) the denominator of which is the value of the worldwide production of the taxpayer. (2) Value of domestic production \nThe value of domestic production is the excess of— (A) the domestic production gross receipts, over (B) the cost of purchased inputs allocable to such receipts that are deductible under this chapter for the taxable year. (3) Purchased inputs \n(A) In general \nPurchased inputs are any of the following items acquired by purchase: (i) Services (other than services of employees) used in manufacture, production, growth, or extraction activities. (ii) Items consumed in connection with such activities. (iii) Items incorporated as part of the property being manufactured, produced, grown, or extracted. (B) Special rule \nRules similar to the rules of subsection (d)(3) shall apply for purposes of this subsection. (4) Value of worldwide production \n(A) In general \nThe value of worldwide production shall be determined under the principles of paragraph (2), except that— (i) worldwide production gross receipts shall be taken into account, and (ii) paragraph (3)(B) shall not apply. (B) Worldwide production gross receipts \nThe worldwide production gross receipts is the amount that would be determined under subsection (e) if such subsection were applied without any reference to the United States. (5) Special rule for affiliated groups \n(A) In general \nIn the case of a taxpayer that is a member of an expanded affiliated group, the domestic/foreign fraction shall be the amount determined under the preceding provisions of this subsection by treating all members of such group as a single corporation. (B) Expanded affiliated group \nThe term expanded affiliated group means an affiliated group as defined in section 1504(a), determined— (i) by substituting 50 percent for 80 percent each place it appears, and (ii) without regard to paragraphs (2), (3), and (4) of section 1504(b).", "id": "H9C5E8B9943699724B2D894BD57F52CC", "header": "Domestic/Foreign fraction", "nested": [], "links": [] }, { "text": "(h) Definitions and special rules \n(1) United States \nFor purposes of this section, the term United States includes the Commonwealth of Puerto Rico and any other possession of the United States. (2) Special rule for partnerships \nFor purposes of this section, a corporation’s distributive share of any partnership item shall be taken into account as if directly realized by the corporation. (3) Coordination with minimum tax \nThe deduction under this section shall be allowed for purposes of the tax imposed by section 55; except that for purposes of section 55, alternative minimum taxable income shall be taken into account in determining the deduction under this section. (4) Ordering rule \nThe amount of any other deduction allowable under this chapter shall be determined as if this section had not been enacted. (5) Coordination with transition rules \nFor purposes of this section— (A) domestic production gross receipts shall not include gross receipts from any transaction if the binding contract transition relief of section 2(c)(2) of the Job Protection Act of 2003 applies to such transaction, and (B) any deduction allowed under section 2(e) of such Act shall be disregarded in determining the portion of the taxable income which is attributable to domestic production gross receipts.", "id": "H38D701DB4E794ED54645EEA8BBC1E27", "header": "Definitions and special rules", "nested": [], "links": [] } ], "links": [] }, { "text": "601. Requirements for waivers \n(a) In general \nSection 2 of the Buy American Act ( 41 U.S.C. 10a ) is amended— (1) by striking Notwithstanding and inserting the following: (a) In general \nNotwithstanding ; and (2) by adding at the end the following: (b) Special rules \nThe following rules shall apply in carrying out the provisions of subsection (a): (1) Public interest waiver \nA determination that it is not in the public interest to enter into a contract in accordance with this Act may not be made after a notice of solicitation of offers for the contract is published in accordance with section 18 of the Office of Federal Procurement Policy Act ( 41 U.S.C. 416 ) and section 8(e) of the Small Business Act ( 15 U.S.C. 637(e) ). (2) Domestic bidder \nA Federal agency entering into a contract shall give preference to a company submitting an offer on the contract that manufactures in the United States the article, material, or supply for which the offer is solicited, if— (A) that company's offer is substantially the same as an offer made by a company that does not manufacture the article, material, or supply in the United States; or (B) that company is the only company that manufactures in the United States the article, material, or supply for which the offer is solicited. (3) Use outside the United States \n(A) In general \nSubsection (a) shall apply without regard to whether the articles, materials, or supplies to be acquired are for use outside the United States if the articles, materials, or supplies are not needed on an urgent basis or if they are acquired on a regular basis. (B) Cost analysis \nIn any case where the articles, materials, or supplies are to be acquired for use outside the United States and are not needed on an urgent basis, before entering into a contract an analysis shall be made of the difference in the cost for acquiring the articles, materials, or supplies from a company manufacturing the articles, materials, or supplies in the United States (including the cost of shipping) and the cost for acquiring the articles, materials, or supplies from a company manufacturing the articles, materials, or supplies outside the United States (including the cost of shipping). (4) Domestic availability \nThe head of a Federal agency may not make a determination under subsection (a) that an article, material, or supply is not mined, produced, or manufactured, as the case may be, in the United States in sufficient and reasonably available commercial quantities and of satisfactory quality, unless the head of the agency has conducted a study and, on the basis of such study, determined that— (A) domestic production cannot be initiated to meet the procurement needs; and (B) a comparable article, material, or supply is not available from a company in the United States. (c) Reports \n(1) In general \nNot later than 60 days after the end of each fiscal year, the head of each Federal agency shall submit to Congress a report on the amount of the acquisitions made by the agency from entities that manufacture the articles, materials, or supplies outside the United States in that fiscal year. (2) Content of report \nThe report required by paragraph (1) shall separately indicate the following information: (A) The dollar value of any articles, materials, or supplies for which this Act was waived. (B) An itemized list of all waivers granted with respect to such articles, materials, or supplies under this Act. (C) A list of all articles, materials, and supplies acquired, their source, and the amount of the acquisitions. (3) Public availability \nThe head of each Federal agency submitting a report under paragraph (1) shall make the report publicly available by posting on an Internet website.. (b) Definitions \nSection 1 of the Buy American Act ( 41 U.S.C. 10c ) is amended— (1) by striking subsection (c) and inserting the following: (c) Federal agency \nThe term Federal agency means any executive agency (as defined in section 4(1) of the Federal Procurement Policy Act ( 41 U.S.C. 403(1) )) or any establishment in the legislative or judicial branch of the Government (except the Senate, the House of Representatives, and the Architect of the Capitol and activities under the Architect's direction). (d) Substantially all \nArticles, materials, or supplies shall be treated as made substantially all from articles, materials, or supplies mined, produced, or manufactured, as the case may be, in the United States, if the cost of the domestic components of such articles, materials, or supplies exceeds 75 percent.. (c) Conforming amendments \n(1) Section 2 of the Buy American Act ( 41 U.S.C. 10a ) is amended by striking department or independent establishment and inserting Federal agency. (2) Section 3 of such Act ( 41 U.S.C. 10b ) is amended— (A) by striking department or independent establishment in subsection (a), and inserting Federal agency ; and (B) by striking department, bureau, agency, or independent establishment in subsection (b) and inserting Federal agency. (3) Section 633 of the National Military Establishment Appropriations Act, 1950 ( 41 U.S.C. 10d ) is amended by striking department or independent establishment and inserting Federal agency.", "id": "HBF8FCFF89C4349F4834CC9CFCF527062", "header": "Requirements for waivers", "nested": [ { "text": "(a) In general \nSection 2 of the Buy American Act ( 41 U.S.C. 10a ) is amended— (1) by striking Notwithstanding and inserting the following: (a) In general \nNotwithstanding ; and (2) by adding at the end the following: (b) Special rules \nThe following rules shall apply in carrying out the provisions of subsection (a): (1) Public interest waiver \nA determination that it is not in the public interest to enter into a contract in accordance with this Act may not be made after a notice of solicitation of offers for the contract is published in accordance with section 18 of the Office of Federal Procurement Policy Act ( 41 U.S.C. 416 ) and section 8(e) of the Small Business Act ( 15 U.S.C. 637(e) ). (2) Domestic bidder \nA Federal agency entering into a contract shall give preference to a company submitting an offer on the contract that manufactures in the United States the article, material, or supply for which the offer is solicited, if— (A) that company's offer is substantially the same as an offer made by a company that does not manufacture the article, material, or supply in the United States; or (B) that company is the only company that manufactures in the United States the article, material, or supply for which the offer is solicited. (3) Use outside the United States \n(A) In general \nSubsection (a) shall apply without regard to whether the articles, materials, or supplies to be acquired are for use outside the United States if the articles, materials, or supplies are not needed on an urgent basis or if they are acquired on a regular basis. (B) Cost analysis \nIn any case where the articles, materials, or supplies are to be acquired for use outside the United States and are not needed on an urgent basis, before entering into a contract an analysis shall be made of the difference in the cost for acquiring the articles, materials, or supplies from a company manufacturing the articles, materials, or supplies in the United States (including the cost of shipping) and the cost for acquiring the articles, materials, or supplies from a company manufacturing the articles, materials, or supplies outside the United States (including the cost of shipping). (4) Domestic availability \nThe head of a Federal agency may not make a determination under subsection (a) that an article, material, or supply is not mined, produced, or manufactured, as the case may be, in the United States in sufficient and reasonably available commercial quantities and of satisfactory quality, unless the head of the agency has conducted a study and, on the basis of such study, determined that— (A) domestic production cannot be initiated to meet the procurement needs; and (B) a comparable article, material, or supply is not available from a company in the United States. (c) Reports \n(1) In general \nNot later than 60 days after the end of each fiscal year, the head of each Federal agency shall submit to Congress a report on the amount of the acquisitions made by the agency from entities that manufacture the articles, materials, or supplies outside the United States in that fiscal year. (2) Content of report \nThe report required by paragraph (1) shall separately indicate the following information: (A) The dollar value of any articles, materials, or supplies for which this Act was waived. (B) An itemized list of all waivers granted with respect to such articles, materials, or supplies under this Act. (C) A list of all articles, materials, and supplies acquired, their source, and the amount of the acquisitions. (3) Public availability \nThe head of each Federal agency submitting a report under paragraph (1) shall make the report publicly available by posting on an Internet website..", "id": "HD682FC07ECC540F4004199DD69480025", "header": "In general", "nested": [], "links": [ { "text": "41 U.S.C. 10a", "legal-doc": "usc", "parsable-cite": "usc/41/10a" }, { "text": "41 U.S.C. 416", "legal-doc": "usc", "parsable-cite": "usc/41/416" }, { "text": "15 U.S.C. 637(e)", "legal-doc": "usc", "parsable-cite": "usc/15/637" } ] }, { "text": "(b) Definitions \nSection 1 of the Buy American Act ( 41 U.S.C. 10c ) is amended— (1) by striking subsection (c) and inserting the following: (c) Federal agency \nThe term Federal agency means any executive agency (as defined in section 4(1) of the Federal Procurement Policy Act ( 41 U.S.C. 403(1) )) or any establishment in the legislative or judicial branch of the Government (except the Senate, the House of Representatives, and the Architect of the Capitol and activities under the Architect's direction). (d) Substantially all \nArticles, materials, or supplies shall be treated as made substantially all from articles, materials, or supplies mined, produced, or manufactured, as the case may be, in the United States, if the cost of the domestic components of such articles, materials, or supplies exceeds 75 percent..", "id": "H73424B7D955644B98DFB2EFCCE3FCFF0", "header": "Definitions", "nested": [], "links": [ { "text": "41 U.S.C. 10c", "legal-doc": "usc", "parsable-cite": "usc/41/10c" }, { "text": "41 U.S.C. 403(1)", "legal-doc": "usc", "parsable-cite": "usc/41/403" } ] }, { "text": "(c) Conforming amendments \n(1) Section 2 of the Buy American Act ( 41 U.S.C. 10a ) is amended by striking department or independent establishment and inserting Federal agency. (2) Section 3 of such Act ( 41 U.S.C. 10b ) is amended— (A) by striking department or independent establishment in subsection (a), and inserting Federal agency ; and (B) by striking department, bureau, agency, or independent establishment in subsection (b) and inserting Federal agency. (3) Section 633 of the National Military Establishment Appropriations Act, 1950 ( 41 U.S.C. 10d ) is amended by striking department or independent establishment and inserting Federal agency.", "id": "H185A205A611F4247B6F5047600FFB68C", "header": "Conforming amendments", "nested": [], "links": [ { "text": "41 U.S.C. 10a", "legal-doc": "usc", "parsable-cite": "usc/41/10a" }, { "text": "41 U.S.C. 10b", "legal-doc": "usc", "parsable-cite": "usc/41/10b" }, { "text": "41 U.S.C. 10d", "legal-doc": "usc", "parsable-cite": "usc/41/10d" } ] } ], "links": [ { "text": "41 U.S.C. 10a", "legal-doc": "usc", "parsable-cite": "usc/41/10a" }, { "text": "41 U.S.C. 416", "legal-doc": "usc", "parsable-cite": "usc/41/416" }, { "text": "15 U.S.C. 637(e)", "legal-doc": "usc", "parsable-cite": "usc/15/637" }, { "text": "41 U.S.C. 10c", "legal-doc": "usc", "parsable-cite": "usc/41/10c" }, { "text": "41 U.S.C. 403(1)", "legal-doc": "usc", "parsable-cite": "usc/41/403" }, { "text": "41 U.S.C. 10a", "legal-doc": "usc", "parsable-cite": "usc/41/10a" }, { "text": "41 U.S.C. 10b", "legal-doc": "usc", "parsable-cite": "usc/41/10b" }, { "text": "41 U.S.C. 10d", "legal-doc": "usc", "parsable-cite": "usc/41/10d" } ] }, { "text": "602. GAO Report and recommendations \n(a) Scope of waivers \nNot later than 6 months after the date of enactment of this title, the Comptroller General of the United States shall report to Congress recommendations for determining, for purposes of applying the waiver provision of section 2(a) of the Buy American Act— (1) unreasonable cost; and (2) inconsistent with the public interest. The report shall include recommendations for a statutory definition of unreasonable cost and standards for determining inconsistency with the public interest. (b) Waiver procedures \nThe report described in subsection (a) shall also include recommendations for establishing procedures for applying the waiver provisions of the Buy American Act that can be consistently applied.", "id": "HD9405E0BFFC84AC297A646A20975A401", "header": "GAO Report and recommendations", "nested": [ { "text": "(a) Scope of waivers \nNot later than 6 months after the date of enactment of this title, the Comptroller General of the United States shall report to Congress recommendations for determining, for purposes of applying the waiver provision of section 2(a) of the Buy American Act— (1) unreasonable cost; and (2) inconsistent with the public interest. The report shall include recommendations for a statutory definition of unreasonable cost and standards for determining inconsistency with the public interest.", "id": "H7078DA8872CA4EACBA19577F34C35843", "header": "Scope of waivers", "nested": [], "links": [] }, { "text": "(b) Waiver procedures \nThe report described in subsection (a) shall also include recommendations for establishing procedures for applying the waiver provisions of the Buy American Act that can be consistently applied.", "id": "H765FF13DED0442E883B6B68CEE3F756", "header": "Waiver procedures", "nested": [], "links": [] } ], "links": [] }, { "text": "603. Dual Use technologies \nThe head of a Federal agency (as defined in section 1(c) of the Buy American Act (as amended by section 601) may not enter into a contract, nor permit a subcontract under a contract of the Federal agency, with a foreign entity that involves giving the foreign entity plans, manuals, or other information that would facilitate the manufacture of a dual-use item on the Commerce Control List unless approval for providing such plans, manuals, or information has been obtained in accordance with the provisions of the Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.) and the Export Administration Regulations (15 C.F.R. part 730 et seq.)", "id": "HE332AAF4F9444801BD55F94C5CCCAADD", "header": "Dual Use technologies", "nested": [], "links": [] }, { "text": "701. Findings \nCongress makes the following findings: (1) Congress has responsibility under the Constitution for international commerce. (2) Congressional oversight of trade policy has often been hampered by a lack of resources. (3) The United States has entered into numerous trade agreements with foreign trading partners, including bilateral, regional, and multilateral agreements. (4) The purposes of the trade agreements are— (A) to achieve a more open world trading system which provides mutually advantageous market opportunities for trade between the United States and foreign countries; (B) to facilitate the opening of foreign country markets to exports of the United States and other countries by eliminating trade barriers and increasing the access of United States industry and the industry of other countries to such markets; and (C) to reduce diversion of third country exports to the United States because of restricted market access in foreign countries. (5) Foreign country performance under certain agreements has been less than contemplated, and in some cases rises to the level of noncompliance. (6) The credibility of, and support for, the United States Government’s trade policy is, to a significant extent, a function of the belief that trade agreements made are trade agreements enforced. (7) The accession of the People’s Republic of China to the World Trade Organization will create unprecedented challenges and it is important to the world trading system that China comply with the numerous and significant commitments China makes as part of the accession process. Congress must play a key role in ensuring full and continuous monitoring of the People’s Republic of China’s compliance with its commitments.", "id": "HB942A36B45A86FA7D61D98A2FD73FC7", "header": "Findings", "nested": [], "links": [] }, { "text": "702. Establishment of Office \n(a) In general \nThere is established an office in Congress to be known as the Congressional Trade Office (in this title referred to as the Office ). (b) Purposes \nThe purposes of the Office are as follows: (1) To reassert the constitutional responsibility of Congress with respect to international trade. (2) To provide Congress, through the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives, with additional independent, nonpartisan, neutral trade expertise. (3) To assist Congress in providing more effective and active oversight of trade policy. (4) To assist Congress in providing to the executive branch more effective direction on trade policy. (5) To provide Congress with long-term, institutional memory on trade issues. (6) To provide Congress with more analytical capability on trade issues. (7) To advise relevant committees on the impact of trade negotiations, including past, ongoing, and future negotiations, with respect to the areas of jurisdiction of the respective committees. (c) Functions \nThe functions of the Office are as follows: (1) Assistance to Congress \nTo provide the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representative and any other appropriate committee of Congress or joint committee of Congress information which will assist the committees in the discharge of the matters within their jurisdiction. (2) Monitor compliance \nTo monitor compliance with major bilateral, regional, and multilateral trade agreements by— (A) consulting with the affected industries and interested parties; (B) analyzing the success of those agreements based on commercial results; (C) recommending actions, including legislative action, necessary to ensure that foreign countries that have made commitments through those agreements with the United States fully abide by their commitments; (D) annually assessing the extent to which those agreements comply with environmental goals; and (E) annually assessing the extent to which those agreements comply with labor goals. (3) Analysis \n(A) In general \nTo perform the following analyses: (i) Not later than 60 days after the date the National Trade Estimates report is delivered to Congress each year, analyze the major outstanding trade barriers based on cost to the United States economy. (ii) Not later than 60 days after the date the Trade Policy Agenda is delivered to Congress each year, analyze the Administration’s Agenda, including alternative goals, strategies, and tactics, as appropriate. (iii) Analyze the trade accounts quarterly, including the global current account, global trade account, and key bilateral trade accounts. (B) Analysis requested by committee \nTo perform one or more of the following analyses as directed by the Committee on Finance of the Senate or the Committee on Ways and Means of the House of Representatives: (i) Analyze proposed trade legislation. (ii) Analyze proposed trade agreements, including agreements that do not require implementing legislation. (iii) Analyze the impact of the Administration’s trade policy and actions, including assessing the Administration’s decisions for not accepting unfair trade practices cases. (4) Dispute settlement deliberations \nTo perform the following functions with respect to dispute resolution: (A) Participate as observers on the United States delegation at dispute settlement panel meetings of the World Trade Organization. (B) Evaluate each World Trade Organization decision with respect to which the United States is a participant. In any case in which the United States does not prevail, evaluate the decision and in any case in which the United States does prevail, measure the commercial results of that decision. (C) Evaluate each dispute resolution proceeding under the North American Free Trade Agreement. In any case in which the United States does not prevail, evaluate the decision and in any case in which the United States does prevail, measure the commercial results of that decision. (D) Participate as observers in other dispute settlement proceedings that the Chairman and Ranking Member of the Committee on Finance and the Chairman and Ranking Member of the Committee on Ways and Means deem appropriate. (5) Participation in trade negotiations \nTo participate as observers in selected bilateral, regional, and multilateral trade negotiations. (6) Other functions of the Office \n(A) To provide the Committee on Finance and the Committee on Ways and Means with quarterly reports regarding the activities of the Office. (B) To be available for consultation with congressional committees on trade-related legislation. (C) To receive and review classified information and participate in classified briefings in the same manner as the staff of the Committee on Finance and the Committee on Ways and Means. (D) To consult nongovernmental experts and utilize nongovernmental resources. (E) To perform such other functions as the Chairman and Ranking Member of the Committee on Finance and the Chairman and Ranking Member of the Committee on Ways and Means may request. (d) Director and staff \n(1) Director \n(A) In general \nThe Office shall be headed by a Director. The Director shall be appointed by the Speaker of the House of Representatives and the President pro tempore of the Senate after considering the recommendations of the Chairman and Ranking Member of the Committee on Finance of the Senate and the Chairman and Ranking Member of the Committee on Ways and Means of the House of Representatives. The Director shall be chosen without regard to political affiliation and solely on the basis of the Director’s expertise and fitness to perform the duties of the Director. (B) Term \nThe term of office of the Director shall be 5 years and the Director may be reappointed for subsequent terms. (C) Vacancy \nAny individual appointed to fill a vacancy prior to the expiration of a term shall serve only for the unexpired portion of that term. (D) Removal \nThe Director may be removed by either House by resolution. (E) Compensation \nThe Director shall receive compensation at a per annum gross rate equal to the rate of basic pay, as in effect from time to time, for level III of the Executive Schedule under section 5314 of title 5, United States Code. (2) Staff \n(A) In general \nThe Director shall appoint and fix the compensation of such personnel as may be necessary to carry out the duties and functions of the Office. All personnel shall be appointed without regard to political affiliation and solely on the basis of their fitness to perform their duties. The personnel of the Office shall consist of individuals with expertise in international trade, including expertise in economics, trade law, various industrial sectors, and various geographical regions. (B) Benefits \nFor purposes of pay (other than the pay of the Director) and employment, benefits, rights, and privileges, all personnel of the Office shall be treated as if they were employees of the House of Representatives. (3) Experts and consultants \nIn carrying out the duties and functions of the Office, the Director may procure the temporary (not to exceed 1 year) or intermittent services of experts or consultants or organizations thereof by contract as independent contractors, or, in the case of individual experts or consultants, by employment at rates of pay not in excess of the daily equivalent of the highest rate of basic pay payable under the General Schedule under section 5332 of title 5, United States Code. (4) Relationship to executive branch \nThe Director is authorized to secure information, data, estimates, and statistics directly from the various departments, agencies, and establishments of the executive branch of Government and the regulatory agencies and commissions of the Government. All such departments, agencies, establishments, and regulatory agencies and commissions shall furnish the Director any available material which the Director determines to be necessary in the performance of his or her duties and functions (other than material the disclosure of which would be a violation of law). The Director is also authorized, upon agreement with the head of any such department, agency, establishment, or regulatory agency or commission, to utilize its services and facilities with or without reimbursement; and the head of each such department, agency, establishment, or regulatory agency or commission is authorized to provide the Office such services and facilities. (5) Relationship to other agencies of Congress \nIn carrying out the duties and functions of the Office, and for the purpose of coordinating the operations of the Office with those of other congressional agencies with a view to utilizing most effectively the information, services, and capabilities of all such agencies in carrying out the various responsibilities assigned to each, the Director is authorized to obtain information, data, estimates, and statistics developed by the General Accounting Office, the Library of Congress, and other offices of Congress, and (upon agreement with them) to utilize their services and facilities with or without reimbursement. The Comptroller General, the Librarian of Congress, and the head of other offices of Congress are authorized to provide the Office with the information, data estimates, statistics, services, and facilities referred to in the preceding sentence.", "id": "HC4532090478417BC2545729E3980BFC", "header": "Establishment of Office", "nested": [ { "text": "(a) In general \nThere is established an office in Congress to be known as the Congressional Trade Office (in this title referred to as the Office ).", "id": "HC670464C4969C6B9E508D29B12B15B8", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Purposes \nThe purposes of the Office are as follows: (1) To reassert the constitutional responsibility of Congress with respect to international trade. (2) To provide Congress, through the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives, with additional independent, nonpartisan, neutral trade expertise. (3) To assist Congress in providing more effective and active oversight of trade policy. (4) To assist Congress in providing to the executive branch more effective direction on trade policy. (5) To provide Congress with long-term, institutional memory on trade issues. (6) To provide Congress with more analytical capability on trade issues. (7) To advise relevant committees on the impact of trade negotiations, including past, ongoing, and future negotiations, with respect to the areas of jurisdiction of the respective committees.", "id": "H646427F74F62C60909BC0BADE6ECB08", "header": "Purposes", "nested": [], "links": [] }, { "text": "(c) Functions \nThe functions of the Office are as follows: (1) Assistance to Congress \nTo provide the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representative and any other appropriate committee of Congress or joint committee of Congress information which will assist the committees in the discharge of the matters within their jurisdiction. (2) Monitor compliance \nTo monitor compliance with major bilateral, regional, and multilateral trade agreements by— (A) consulting with the affected industries and interested parties; (B) analyzing the success of those agreements based on commercial results; (C) recommending actions, including legislative action, necessary to ensure that foreign countries that have made commitments through those agreements with the United States fully abide by their commitments; (D) annually assessing the extent to which those agreements comply with environmental goals; and (E) annually assessing the extent to which those agreements comply with labor goals. (3) Analysis \n(A) In general \nTo perform the following analyses: (i) Not later than 60 days after the date the National Trade Estimates report is delivered to Congress each year, analyze the major outstanding trade barriers based on cost to the United States economy. (ii) Not later than 60 days after the date the Trade Policy Agenda is delivered to Congress each year, analyze the Administration’s Agenda, including alternative goals, strategies, and tactics, as appropriate. (iii) Analyze the trade accounts quarterly, including the global current account, global trade account, and key bilateral trade accounts. (B) Analysis requested by committee \nTo perform one or more of the following analyses as directed by the Committee on Finance of the Senate or the Committee on Ways and Means of the House of Representatives: (i) Analyze proposed trade legislation. (ii) Analyze proposed trade agreements, including agreements that do not require implementing legislation. (iii) Analyze the impact of the Administration’s trade policy and actions, including assessing the Administration’s decisions for not accepting unfair trade practices cases. (4) Dispute settlement deliberations \nTo perform the following functions with respect to dispute resolution: (A) Participate as observers on the United States delegation at dispute settlement panel meetings of the World Trade Organization. (B) Evaluate each World Trade Organization decision with respect to which the United States is a participant. In any case in which the United States does not prevail, evaluate the decision and in any case in which the United States does prevail, measure the commercial results of that decision. (C) Evaluate each dispute resolution proceeding under the North American Free Trade Agreement. In any case in which the United States does not prevail, evaluate the decision and in any case in which the United States does prevail, measure the commercial results of that decision. (D) Participate as observers in other dispute settlement proceedings that the Chairman and Ranking Member of the Committee on Finance and the Chairman and Ranking Member of the Committee on Ways and Means deem appropriate. (5) Participation in trade negotiations \nTo participate as observers in selected bilateral, regional, and multilateral trade negotiations. (6) Other functions of the Office \n(A) To provide the Committee on Finance and the Committee on Ways and Means with quarterly reports regarding the activities of the Office. (B) To be available for consultation with congressional committees on trade-related legislation. (C) To receive and review classified information and participate in classified briefings in the same manner as the staff of the Committee on Finance and the Committee on Ways and Means. (D) To consult nongovernmental experts and utilize nongovernmental resources. (E) To perform such other functions as the Chairman and Ranking Member of the Committee on Finance and the Chairman and Ranking Member of the Committee on Ways and Means may request.", "id": "H3025A67949B67B9F6F4E968CA45D500", "header": "Functions", "nested": [], "links": [] }, { "text": "(d) Director and staff \n(1) Director \n(A) In general \nThe Office shall be headed by a Director. The Director shall be appointed by the Speaker of the House of Representatives and the President pro tempore of the Senate after considering the recommendations of the Chairman and Ranking Member of the Committee on Finance of the Senate and the Chairman and Ranking Member of the Committee on Ways and Means of the House of Representatives. The Director shall be chosen without regard to political affiliation and solely on the basis of the Director’s expertise and fitness to perform the duties of the Director. (B) Term \nThe term of office of the Director shall be 5 years and the Director may be reappointed for subsequent terms. (C) Vacancy \nAny individual appointed to fill a vacancy prior to the expiration of a term shall serve only for the unexpired portion of that term. (D) Removal \nThe Director may be removed by either House by resolution. (E) Compensation \nThe Director shall receive compensation at a per annum gross rate equal to the rate of basic pay, as in effect from time to time, for level III of the Executive Schedule under section 5314 of title 5, United States Code. (2) Staff \n(A) In general \nThe Director shall appoint and fix the compensation of such personnel as may be necessary to carry out the duties and functions of the Office. All personnel shall be appointed without regard to political affiliation and solely on the basis of their fitness to perform their duties. The personnel of the Office shall consist of individuals with expertise in international trade, including expertise in economics, trade law, various industrial sectors, and various geographical regions. (B) Benefits \nFor purposes of pay (other than the pay of the Director) and employment, benefits, rights, and privileges, all personnel of the Office shall be treated as if they were employees of the House of Representatives. (3) Experts and consultants \nIn carrying out the duties and functions of the Office, the Director may procure the temporary (not to exceed 1 year) or intermittent services of experts or consultants or organizations thereof by contract as independent contractors, or, in the case of individual experts or consultants, by employment at rates of pay not in excess of the daily equivalent of the highest rate of basic pay payable under the General Schedule under section 5332 of title 5, United States Code. (4) Relationship to executive branch \nThe Director is authorized to secure information, data, estimates, and statistics directly from the various departments, agencies, and establishments of the executive branch of Government and the regulatory agencies and commissions of the Government. All such departments, agencies, establishments, and regulatory agencies and commissions shall furnish the Director any available material which the Director determines to be necessary in the performance of his or her duties and functions (other than material the disclosure of which would be a violation of law). The Director is also authorized, upon agreement with the head of any such department, agency, establishment, or regulatory agency or commission, to utilize its services and facilities with or without reimbursement; and the head of each such department, agency, establishment, or regulatory agency or commission is authorized to provide the Office such services and facilities. (5) Relationship to other agencies of Congress \nIn carrying out the duties and functions of the Office, and for the purpose of coordinating the operations of the Office with those of other congressional agencies with a view to utilizing most effectively the information, services, and capabilities of all such agencies in carrying out the various responsibilities assigned to each, the Director is authorized to obtain information, data, estimates, and statistics developed by the General Accounting Office, the Library of Congress, and other offices of Congress, and (upon agreement with them) to utilize their services and facilities with or without reimbursement. The Comptroller General, the Librarian of Congress, and the head of other offices of Congress are authorized to provide the Office with the information, data estimates, statistics, services, and facilities referred to in the preceding sentence.", "id": "H7C1AF0F443DC89F7F018B4A7DEA0075", "header": "Director and staff", "nested": [], "links": [ { "text": "section 5314", "legal-doc": "usc", "parsable-cite": "usc/5/5314" }, { "text": "section 5332", "legal-doc": "usc", "parsable-cite": "usc/5/5332" } ] } ], "links": [ { "text": "section 5314", "legal-doc": "usc", "parsable-cite": "usc/5/5314" }, { "text": "section 5332", "legal-doc": "usc", "parsable-cite": "usc/5/5332" } ] }, { "text": "703. Public access to data \n(a) Right to copy \nExcept as provided in subsections (b) and (c), the Director shall make all information, data, estimates, and statistics obtained under this title available for public copying during normal business hours, subject to reasonable rules and regulations, and shall to the extent practicable, at the request of any person, furnish a copy of any such information, data, estimates, or statistics upon payment by such person of the cost of making and furnishing such copy. (b) Exceptions \nSubsection (a) of this section shall not apply to information, data, estimates, and statistics— (1) which are specifically exempted from disclosure by law; or (2) which the Director determines will disclose— (A) matters necessary to be kept secret in the interests of national defense or the confidential conduct of the foreign relations of the United States; (B) information relating to trade secrets or financial or commercial information pertaining specifically to a given person if the information has been obtained by the Government on a confidential basis, other than through an application by such person for a specific financial or other benefit, and is required to be kept secret in order to prevent undue injury to the competitive position of such person; or (C) personnel or medical data or similar data the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; unless the portions containing such matters, information, or data have been excised. (c) Information obtained for committees and members \nSubsection (a) of this section shall apply to any information, data, estimates, and statistics obtained at the request of any committee, joint committee, or Member unless such committee, joint committee, or Member of Congress has instructed the Director not to make such information, data, estimates, or statistics available for public copying.", "id": "H0423FAC547E2F48B75EE309D8C9EFDD", "header": "Public access to data", "nested": [ { "text": "(a) Right to copy \nExcept as provided in subsections (b) and (c), the Director shall make all information, data, estimates, and statistics obtained under this title available for public copying during normal business hours, subject to reasonable rules and regulations, and shall to the extent practicable, at the request of any person, furnish a copy of any such information, data, estimates, or statistics upon payment by such person of the cost of making and furnishing such copy.", "id": "H2833C814452A1FB388AF84A9698EB5E", "header": "Right to copy", "nested": [], "links": [] }, { "text": "(b) Exceptions \nSubsection (a) of this section shall not apply to information, data, estimates, and statistics— (1) which are specifically exempted from disclosure by law; or (2) which the Director determines will disclose— (A) matters necessary to be kept secret in the interests of national defense or the confidential conduct of the foreign relations of the United States; (B) information relating to trade secrets or financial or commercial information pertaining specifically to a given person if the information has been obtained by the Government on a confidential basis, other than through an application by such person for a specific financial or other benefit, and is required to be kept secret in order to prevent undue injury to the competitive position of such person; or (C) personnel or medical data or similar data the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; unless the portions containing such matters, information, or data have been excised.", "id": "H67BC7F16477216AEEDB633BEE6DEEE0", "header": "Exceptions", "nested": [], "links": [] }, { "text": "(c) Information obtained for committees and members \nSubsection (a) of this section shall apply to any information, data, estimates, and statistics obtained at the request of any committee, joint committee, or Member unless such committee, joint committee, or Member of Congress has instructed the Director not to make such information, data, estimates, or statistics available for public copying.", "id": "H28162C7648BA8D5F5286479FFF862E4", "header": "Information obtained for committees and members", "nested": [], "links": [] } ], "links": [] }, { "text": "704. Authorization of appropriations \nThere are authorized to be appropriated to the Office for each fiscal year such sums as may be necessary to enable it to carry out its duties and functions. Until sums are first appropriated pursuant to the preceding sentence, for a period not to exceed 12 months following the effective date of this title, the expenses of the Office shall be paid from the contingent fund of the Senate, in accordance with the provisions of the paragraph relating to contingent funds under the heading UNDER LEGISLATIVE in the Act of October 2, 1888 (25 Stat. 546; 2 U.S.C. 68 ), and upon vouchers approved by the Director.", "id": "H086324344CEFC1EA361A078D1EA9400", "header": "Authorization of appropriations", "nested": [], "links": [ { "text": "2 U.S.C. 68", "legal-doc": "usc", "parsable-cite": "usc/2/68" } ] } ]

[ "Financial Services Committee", "Science, Space, and Technology Committee", "Rules Committee", "Oversight and Accountability Committee", "Foreign Affairs Committee", "Ways and Means Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Coast Guard and Maritime Transportation Technical Corrections Act of 2004.", "id": "H7DA8FC67AC6B44A8B8F24D81425E2C07", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Requirements for cooperative agreements for voluntary services \nSection 93(a)(19) of title 14, United States Code, as amended by section 201 of the Coast Guard and Maritime Transportation Act of 2004 ( Public Law 108–293 ; 118 Stat. 1031), is amended by redesignating subparagraphs (1) and (2) in order as subparagraphs (A) and (B).", "id": "H91BE3C60540346D28BB6D33B6878CA69", "header": "Requirements for cooperative agreements for voluntary services", "nested": [], "links": [ { "text": "Section 93(a)(19)", "legal-doc": "usc", "parsable-cite": "usc/14/93" }, { "text": "Public Law 108–293", "legal-doc": "public-law", "parsable-cite": "pl/108/293" } ] }, { "text": "3. Correction of amendment to chapter analysis \nSection 212(b) of the Coast Guard and Maritime Transportation Act of 2004 ( Public Law 108–293 ; 118 Stat. 1037) is amended by inserting of title 14 after chapter 17.", "id": "H80C039DB15764E8698055E63215407B6", "header": "Correction of amendment to chapter analysis", "nested": [], "links": [ { "text": "Public Law 108–293", "legal-doc": "public-law", "parsable-cite": "pl/108/293" } ] }, { "text": "4. Recommendations to Congress by Commandant of the Coast Guard \nSection 93(a) of title 14, United States Code, as amended by sections 201 and 217 of the Coast Guard and Maritime Transportation Act of 2004 ( Public Law 108–293 ; 118 Stat. 1031, 1038), is amended by redesignating paragraph (y) as paragraph (24).", "id": "HF25E1515E2464C1EB82DAC6C935D2198", "header": "Recommendations to Congress by Commandant of the Coast Guard", "nested": [], "links": [ { "text": "Section 93(a)", "legal-doc": "usc", "parsable-cite": "usc/14/93" }, { "text": "Public Law 108–293", "legal-doc": "public-law", "parsable-cite": "pl/108/293" } ] }, { "text": "5. Determining adequacy of potable water \nSection 3305(a) of title 46, United States Code, as amended by section 416(b)(3) of the Coast Guard and Maritime Transportation Act of 2004 ( Public Law 108–293 ; 118 Stat. 1047), is amended by moving paragraph (2) two ems to the left, so that the material preceding subparagraph (A) of such paragraph aligns with the left-hand margin of paragraph (1) of such section.", "id": "H0EDFC90F3354430EA0B8FAFFB9A72FC7", "header": "Determining adequacy of potable water", "nested": [], "links": [ { "text": "Section 3305(a)", "legal-doc": "usc", "parsable-cite": "usc/46/3305" }, { "text": "Public Law 108–293", "legal-doc": "public-law", "parsable-cite": "pl/108/293" } ] }, { "text": "6. Renewal of advisory group \nSection 418(a) of the Coast Guard and Maritime Transportation Act of 2004 ( Public Law 108–293 ; 118 Stat. 1049) is amended by striking of September 30, 2005 and inserting on September 30, 2005.", "id": "HA88240254C0847069385858E99DAD88", "header": "Renewal of advisory group", "nested": [], "links": [ { "text": "Public Law 108–293", "legal-doc": "public-law", "parsable-cite": "pl/108/293" } ] }, { "text": "7. Vessel response plans \nSection 311 of the Federal Water Pollution Control Act ( 33 U.S.C. 1321 ), as amended by section 701 of the Coast Guard and Maritime Transportation Act of 2004 ( Public Law 108–293 ; 118 Stat. 1067), is amended by striking non-tank each place it appears and inserting nontank.", "id": "HFF15781240904EE59804C4914857BBC7", "header": "Vessel response plans", "nested": [], "links": [ { "text": "33 U.S.C. 1321", "legal-doc": "usc", "parsable-cite": "usc/33/1321" }, { "text": "Public Law 108–293", "legal-doc": "public-law", "parsable-cite": "pl/108/293" } ] }, { "text": "8. Correction to subtitle designation \n(a) Redesignation \nTitle 46, United States Code, is amended by redesignating subtitle VI as subtitle VII. (b) Clerical amendment \nThe table of subtitles at the beginning of title 46, United States Code, is amended by striking the item relating to subtitle VI and inserting the following: VII. MISCELLANEOUS 70101.", "id": "H9F0BD1A0B43C4C889EB208241B003800", "header": "Correction to subtitle designation", "nested": [ { "text": "(a) Redesignation \nTitle 46, United States Code, is amended by redesignating subtitle VI as subtitle VII.", "id": "H639F667C213A4332B882BE00E2590196", "header": "Redesignation", "nested": [], "links": [] }, { "text": "(b) Clerical amendment \nThe table of subtitles at the beginning of title 46, United States Code, is amended by striking the item relating to subtitle VI and inserting the following: VII. MISCELLANEOUS 70101.", "id": "H212EA3C450F34C65B935B2FC2DC076FE", "header": "Clerical amendment", "nested": [], "links": [] } ], "links": [] }, { "text": "9. Corrections to chapter 701 of title 46, United States Code \nChapter 701 of title 46, United States Code, is amended as follows: (1) Sections 70118 and 70119, as added by section 801 of the Coast Guard and Maritime Transportation Act of 2004 ( Public Law 108–293 ; 118 Stat. 1078), are redesignated as sections 70117 and 70118, respectively, and moved to appear immediately after section 70116 of title 46, United States Code. (2) Sections 70117 and 70118, as added by section 802 of such Act ( Public Law 108–293 ; 118 Stat. 1078), are redesignated as sections 70120 and 70121, respectively, and moved to appear immediately after section 70119 of title 46, United States Code. (3) In section 70120(a), as redesignated by paragraph (2) of this section, by striking section 70120 and inserting section 70119. (4) In section 70121(a), as redesignated by paragraph (2) of this section, by striking section 70120 and inserting section 70119. (5) In the analysis at the beginning of the chapter, by striking the items relating to sections 70117 through the second 70119 and inserting the following: 70117. Firearms, arrests, and seizure of property 70118. Enforcement by State and local officers 70119. Civil penalty 70120. In rem liability for civil penalties and certain costs 70121. Withholding of clearance.", "id": "HE067D6FB12E24B0BB0007C75DCFE718C", "header": "Corrections to chapter 701 of title 46, United States Code", "nested": [], "links": [ { "text": "chapter 701", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/46/701" }, { "text": "Chapter 701", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/46/701" }, { "text": "Public Law 108–293", "legal-doc": "public-law", "parsable-cite": "pl/108/293" }, { "text": "section 70116", "legal-doc": "usc", "parsable-cite": "usc/46/70116" }, { "text": "Public Law 108–293", "legal-doc": "public-law", "parsable-cite": "pl/108/293" }, { "text": "section 70119", "legal-doc": "usc", "parsable-cite": "usc/46/70119" } ] }, { "text": "10. Technical correction regarding tank vessel environmental equivalency evaluation index \nSection 4115(e)(3) of the Oil Pollution Act of 1990 ( 46 U.S.C. 3703a note) is amended by striking hull the second place it appears.", "id": "H99E7673885A64E089C5B844CA3289F75", "header": "Technical correction regarding tank vessel environmental equivalency evaluation index", "nested": [], "links": [ { "text": "46 U.S.C. 3703a", "legal-doc": "usc", "parsable-cite": "usc/46/3703a" } ] }, { "text": "11. Effective date \nThis Act shall take effect August 9, 2004.", "id": "HD6D5A2A2A1DE44389FC8590177348E4C", "header": "Effective date", "nested": [], "links": [] } ]

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

[ { "text": "1. Short title \nThis Act may be cited as the Rural Bridge Safety and Repair Demonstration Act of 2004.", "id": "HB5EDBF5172554A1CAEFDCA65F709A5AA", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress makes the following findings: (1) The 589,111 bridges in the United States are a vital link in a seamless and efficient transportation system, connecting communities, States, and regions. (2) Fourteen percent of all bridges that are 20 feet or longer are structurally deficient. (3) The cost of correcting all bridge deficiencies in the United States is $136,000,000,000. Faced with budget cutbacks, many States are struggling to maintain an acceptable schedule of maintenance, repair, and replacement of their roads and bridges. (4) To begin correcting structural bridge deficiencies, a demonstration program is necessary, beginning with a State that has a significant number of structurally deficient bridges. (5) More than 33 percent of the 13,339 bridges in the State of Louisiana are structurally deficient or functionally obsolete; a State with a high percentage of structurally deficient bridges.", "id": "H24DFBA09BCFA4084BB8BE200BCC79DA4", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Louisiana rural development parish bridge repair program \n(a) Authorization of appropriations \nSection 144 of title 23, United States Code, is amended— (1) by redesignating subsection (q) as subsection (r); and (2) by adding after subsection (p) the following: (q) Demonstration project \n(1) In general \nThe Secretary shall make grants to the Executive Director of the Louisiana Governor’s Office of Rural Development Parish Bridge Repair Program to provide for the rehabilitation of the State’s most structurally deficient off-system bridges. (2) Report \nThe Executive Director of the Governor’s Office of Rural Development Parish Bridge Repair Program shall transmit a report to Congress at the end of each fiscal year describing the number of bridges and extent of corrected deficiencies made during such year..", "id": "H089E4016750948038139A64073719174", "header": "Louisiana rural development parish bridge repair program", "nested": [ { "text": "(a) Authorization of appropriations \nSection 144 of title 23, United States Code, is amended— (1) by redesignating subsection (q) as subsection (r); and (2) by adding after subsection (p) the following: (q) Demonstration project \n(1) In general \nThe Secretary shall make grants to the Executive Director of the Louisiana Governor’s Office of Rural Development Parish Bridge Repair Program to provide for the rehabilitation of the State’s most structurally deficient off-system bridges. (2) Report \nThe Executive Director of the Governor’s Office of Rural Development Parish Bridge Repair Program shall transmit a report to Congress at the end of each fiscal year describing the number of bridges and extent of corrected deficiencies made during such year..", "id": "H78CA69ECD7CE4C1984B19FC200BA69C7", "header": "Authorization of appropriations", "nested": [], "links": [ { "text": "Section 144", "legal-doc": "usc", "parsable-cite": "usc/23/144" } ] } ], "links": [ { "text": "Section 144", "legal-doc": "usc", "parsable-cite": "usc/23/144" } ] }, { "text": "4. Authorization of Appropriations \nThere are authorized to be appropriated to carry out this Act— (1) $5,000,000 for fiscal year 2005; (2) $15,000,000 for fiscal year 2006; and (3) $30,000,000 for fiscal year 2007.", "id": "H92A2D56AB16F4B5FB658C800D16BA719", "header": "Authorization of Appropriations", "nested": [], "links": [] } ]

[ "Transportation and Infrastructure Committee" ]

[ { "text": "1. Short Title \nThis Act may be cited as the Abraham Lincoln Bicentennial 1-Cent Coin Redesign Act.", "id": "HC07F737CE70C4030BB5436C47BEF8980", "header": "Short Title", "nested": [], "links": [] }, { "text": "2. Findings \nThe Congress finds as follows: (1) Abraham Lincoln, the 16th President, was one of the Nation's greatest leaders, demonstrating true courage during the Civil War, one of the greatest crises in the Nation's history. (2) Born of humble roots in Hardin County, Kentucky, on February 12, 1809, Abraham Lincoln rose to the Presidency through a combination of honesty, integrity, intelligence, and commitment to the United States. (3) With the belief that all men are created equal, Abraham Lincoln led the effort to free all slaves in the United States. (4) Abraham Lincoln had a generous heart, with malice toward none and with charity for all. (5) Abraham Lincoln gave the ultimate sacrifice for the country he loved, dying from an assassin's bullet on April 15, 1865. (6) All Americans could benefit from studying the life of Abraham Lincoln, for Lincoln's life is a model for accomplishing the American dream through honesty, integrity, loyalty, and a lifetime of education. (7) The year 2009 will be the bicentennial anniversary of the birth of Abraham Lincoln. (8) Abraham Lincoln was born in Kentucky, grew to adulthood in Indiana, achieved fame in Illinois, and led the nation in Washington, D.C. (9) The so-called Lincoln cent was introduced in 1909 on the 100th anniversary of Lincoln's birth, making the obverse design the most enduring on the nation's coinage. (10) President Theodore Roosevelt was so impressed by the talent of Victor David Brenner that the sculptor was chosen to design the likeness of President Lincoln for the coin, adapting a design from a plaque Brenner had prepared earlier. (11) In the nearly 100 years of production of the Lincoln cent , there have been only 2 designs on the reverse: the original, featuring 2 wheat-heads in memorial style enclosing mottoes, and the current representation of the Lincoln Memorial in Washington, D.C. (12) On the occasion of the bicentennial of President Lincoln's birth and the 100th anniversary of the production of the Lincoln cent, it is entirely fitting to issue a series of 1-cent coins with designs on the reverse that are emblematic of the 4 major periods of President Lincoln's life.", "id": "H64F3904228504D2BB18C2622152011F9", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Redesign of Lincoln Cent for 2009 \n(a) In General \nDuring the year 2009, the Secretary of the Treasury shall issue 1-cent coins in accordance with the following design specifications: (1) Obverse \nThe obverse of the 1-cent coin shall continue to bear the Victor David Brenner likeness of President Abraham Lincoln. (2) Reverse \nThe reverse of the coins shall bear 4 different designs each representing a different aspect of the life of Abraham Lincoln, such as— (A) his birth and early childhood in Kentucky; (B) his formative years in Indiana; (C) his professional life in Illinois; and (D) his presidency, in Washington, D.C. (b) Issuance of Redesigned Lincoln Cents in 2009 \n(1) Order \nThe 1-cent coins to which this section applies shall be issued with 1 of the 4 designs referred to in subsection (a)(2) beginning at the start of each calendar quarter of 2009. (2) Number \nThe Secretary shall prescribe, on the basis of such factors as the Secretary determines to be appropriate, the number of 1-cent coins that shall be issued with each of the designs selected for each calendar quarter of 2009. (c) Design Selection \nThe designs for the coins specified in this section shall be chosen by the Secretary—— (1) after consultation with the Abraham Lincoln Bicentennial Commission and the Commission of Fine Arts; and (2) after review by the Citizens Coinage Advisory Committee.", "id": "HFF2056BEC7E043658EA9FF5CEE7EF132", "header": "Redesign of Lincoln Cent for 2009", "nested": [ { "text": "(a) In General \nDuring the year 2009, the Secretary of the Treasury shall issue 1-cent coins in accordance with the following design specifications: (1) Obverse \nThe obverse of the 1-cent coin shall continue to bear the Victor David Brenner likeness of President Abraham Lincoln. (2) Reverse \nThe reverse of the coins shall bear 4 different designs each representing a different aspect of the life of Abraham Lincoln, such as— (A) his birth and early childhood in Kentucky; (B) his formative years in Indiana; (C) his professional life in Illinois; and (D) his presidency, in Washington, D.C.", "id": "H947F3D625FC544778FF707E096C1ACF8", "header": "In General", "nested": [], "links": [] }, { "text": "(b) Issuance of Redesigned Lincoln Cents in 2009 \n(1) Order \nThe 1-cent coins to which this section applies shall be issued with 1 of the 4 designs referred to in subsection (a)(2) beginning at the start of each calendar quarter of 2009. (2) Number \nThe Secretary shall prescribe, on the basis of such factors as the Secretary determines to be appropriate, the number of 1-cent coins that shall be issued with each of the designs selected for each calendar quarter of 2009.", "id": "H3AD7BDB6C06E4C8CA7A2B29F4D580007", "header": "Issuance of Redesigned Lincoln Cents in 2009", "nested": [], "links": [] }, { "text": "(c) Design Selection \nThe designs for the coins specified in this section shall be chosen by the Secretary—— (1) after consultation with the Abraham Lincoln Bicentennial Commission and the Commission of Fine Arts; and (2) after review by the Citizens Coinage Advisory Committee.", "id": "H2DFCE2B702814F4B94CCBAE82103EEDB", "header": "Design Selection", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Redesign of Reverse of 1-cent coins after 2009 \nThe design on the reverse of the 1-cent coins issued after December 31, 2009 shall bear an image emblematic of President Lincoln's preservation of the United States of America as a single and united country.", "id": "H64F4B90A09E24AE69DD29FB114CAC3C0", "header": "Redesign of Reverse of 1-cent coins after 2009", "nested": [], "links": [] }, { "text": "5. Numismatic pennies with the same metallic content as the 1909 penny \nThe Secretary of the Treasury shall issue 1-cent coins in 2009 with the exact metallic content as the 1-cent coin contained in 1909 in such number as the Secretary determines to be appropriate for numismatic purposes", "id": "H4F2E1E4F0B084F6EAB1B6C676E606FBE", "header": "Numismatic pennies with the same metallic content as the 1909 penny", "nested": [], "links": [] }, { "text": "6. Sense of the Congress \nIt is the sense of the Congress that the original Victor David Brenner design for the 1-cent coin was a dramatic departure from previous American coinage that should be reproduced, using the original form and relief of the likeness of Abraham Lincoln, on the 1-cent coins issued in 2009.", "id": "H1361FFEED4CC4664BFE66993BAFBC17", "header": "Sense of the Congress", "nested": [], "links": [] } ]

[ "Financial Services Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H3A4D821CAF6D40FD9005C53BE1BA3654", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Call center requirements \n(a) In general \nA United States corporation or its subsidiaries that utilizes a call center to initiate telephone calls to, or receive telephone calls from, individuals located in the United States, shall require each employee in the call center to disclose the physical location of such employee at the beginning of each telephone call so initiated or received. (b) Certification requirement \nA corporation or subsidiary described in subsection (a) shall annually certify to the Federal Trade Commission whether or not the corporation or subsidiary, and the employees of the corporation or subsidiary at its call centers, have complied with that subsection. (c) Noncompliance \nA corporation or subsidiary that violates subsection (a) shall be subject to such civil penalties as the Federal Trade Commission prescribes under section 3. (d) Call center defined \nIn this section, the term call center means a location that provides customer-based service and sales assistance or technical assistance and expertise to individuals located in the United States via telephone, the Internet, or other telecommunications and information technology.", "id": "H8706B22DF50A478B9CE7EAA3A1EA4D89", "header": "Call center requirements", "nested": [ { "text": "(a) In general \nA United States corporation or its subsidiaries that utilizes a call center to initiate telephone calls to, or receive telephone calls from, individuals located in the United States, shall require each employee in the call center to disclose the physical location of such employee at the beginning of each telephone call so initiated or received.", "id": "HC309E40FB824482D9D81A28B09396460", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Certification requirement \nA corporation or subsidiary described in subsection (a) shall annually certify to the Federal Trade Commission whether or not the corporation or subsidiary, and the employees of the corporation or subsidiary at its call centers, have complied with that subsection.", "id": "H98FFC801704848B1A83143DBF7DBF6E1", "header": "Certification requirement", "nested": [], "links": [] }, { "text": "(c) Noncompliance \nA corporation or subsidiary that violates subsection (a) shall be subject to such civil penalties as the Federal Trade Commission prescribes under section 3.", "id": "HED060BE55F7C478B88609B52C207BD40", "header": "Noncompliance", "nested": [], "links": [] }, { "text": "(d) Call center defined \nIn this section, the term call center means a location that provides customer-based service and sales assistance or technical assistance and expertise to individuals located in the United States via telephone, the Internet, or other telecommunications and information technology.", "id": "H4CD7B181B4104A09ACC03EB3DDB4C6C", "header": "Call center defined", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Federal Trade Commission rules \nNot later than 9 months after the date of enactment of this Act, the Federal Trade Commission shall prescribe rules to provide for effective monitoring and compliance with this Act. The Federal Trade Commission’s rulemaking shall include appropriate civil penalties for noncompliance with this Act.", "id": "H60D2D6CFCB464DC1A70095A80000FDE4", "header": "Federal Trade Commission rules", "nested": [], "links": [] } ]

[ "Energy and Commerce Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Colville Land Conveyance Act of 2004.", "id": "H500D7954AE05498082E076C5176FFE43", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Land conveyance, Colville National Forest, Washington \n(a) Conveyance required \nThe Secretary of Agriculture shall convey, by quit claim deed and without consideration, to the Ferry County Public Hospital District No. 1 (in this section referred to as the recipient ) all right, title, and interest of the United States in and to a parcel of land in the Colville National Forest consisting of approximately 3.274 acres, as depicted on the map entitled Colville Land Conveyance and dated July 25, 2004, and more particularly described as a portion of Parcel A, Lot 19 of section 6 of township 36 north, range 33 east, Willamette meridian, delineated on Record of Survey, recorded June 1, 2004, in Book 4 of Surveys, Pages 173 and 174, Auditors File No. 259175, Ferry County, Washington. (b) Map and legal description \nIn the event of any discrepancy between the map referred to in subsection (a) and the legal description of the land to be conveyed under such subsection, the map shall prevail unless the Secretary determines otherwise. The Secretary may correct any minor errors in the map, the legal description, or encumbrances on the land. The map shall be on file and available for inspection in the Office of the Chief of the Forest Service and the Office of the Supervisor of Colville National Forest. (c) Revocation of land withdrawals \nAny public order withdrawing any portion of the land to be conveyed under subsection (a) from appropriation or disposal under the public land laws is revoked to the extent necessary to permit the conveyance of the land. (d) Withdrawal of federal land \nSubject to valid existing rights, the land to be conveyed under subsection (a) is withdrawn from all forms of location, entry, and patent under the public land laws, including the mining and mineral leasing laws and the Geothermal System Act of 1970 ( 30 U.S.C. 1001 et seq. ) until the date on which the conveyance is completed. (e) Costs of implementing the conveyance \nThe administrative costs of implementing the conveyance of Federal land shall be paid by the recipient. (f) Boundary adjustment \nThe Secretary shall adjust the boundaries of Colville National Forest to reflect the land conveyance carried out under this section. (g) Additional terms and conditions \nThe Secretary may require such additional terms and conditions in connection with the conveyance under this section as the Secretary considers appropriate to protect the interests of the United States.", "id": "H908626330BCA4D67A0DB485917687F", "header": "Land conveyance, Colville National Forest, Washington", "nested": [ { "text": "(a) Conveyance required \nThe Secretary of Agriculture shall convey, by quit claim deed and without consideration, to the Ferry County Public Hospital District No. 1 (in this section referred to as the recipient ) all right, title, and interest of the United States in and to a parcel of land in the Colville National Forest consisting of approximately 3.274 acres, as depicted on the map entitled Colville Land Conveyance and dated July 25, 2004, and more particularly described as a portion of Parcel A, Lot 19 of section 6 of township 36 north, range 33 east, Willamette meridian, delineated on Record of Survey, recorded June 1, 2004, in Book 4 of Surveys, Pages 173 and 174, Auditors File No. 259175, Ferry County, Washington.", "id": "HFD651F2DD8C345DFBAE7D3B964091018", "header": "Conveyance required", "nested": [], "links": [] }, { "text": "(b) Map and legal description \nIn the event of any discrepancy between the map referred to in subsection (a) and the legal description of the land to be conveyed under such subsection, the map shall prevail unless the Secretary determines otherwise. The Secretary may correct any minor errors in the map, the legal description, or encumbrances on the land. The map shall be on file and available for inspection in the Office of the Chief of the Forest Service and the Office of the Supervisor of Colville National Forest.", "id": "H7E51850959894F5CAE491E5E208F261E", "header": "Map and legal description", "nested": [], "links": [] }, { "text": "(c) Revocation of land withdrawals \nAny public order withdrawing any portion of the land to be conveyed under subsection (a) from appropriation or disposal under the public land laws is revoked to the extent necessary to permit the conveyance of the land.", "id": "H5F1E7FF85A0D43F189E78748D8299A0", "header": "Revocation of land withdrawals", "nested": [], "links": [] }, { "text": "(d) Withdrawal of federal land \nSubject to valid existing rights, the land to be conveyed under subsection (a) is withdrawn from all forms of location, entry, and patent under the public land laws, including the mining and mineral leasing laws and the Geothermal System Act of 1970 ( 30 U.S.C. 1001 et seq. ) until the date on which the conveyance is completed.", "id": "H6F127CB8CAEF4405902B3B8DB5EC9CC4", "header": "Withdrawal of federal land", "nested": [], "links": [ { "text": "30 U.S.C. 1001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/30/1001" } ] }, { "text": "(e) Costs of implementing the conveyance \nThe administrative costs of implementing the conveyance of Federal land shall be paid by the recipient.", "id": "HF1E67059785A4A9FAE87C800D3B3C57E", "header": "Costs of implementing the conveyance", "nested": [], "links": [] }, { "text": "(f) Boundary adjustment \nThe Secretary shall adjust the boundaries of Colville National Forest to reflect the land conveyance carried out under this section.", "id": "HACA05B63A5FC490BA3C046AE804C7E9B", "header": "Boundary adjustment", "nested": [], "links": [] }, { "text": "(g) Additional terms and conditions \nThe Secretary may require such additional terms and conditions in connection with the conveyance under this section as the Secretary considers appropriate to protect the interests of the United States.", "id": "H78D915D1D05F4C6CBD40E2F079C424CD", "header": "Additional terms and conditions", "nested": [], "links": [] } ], "links": [ { "text": "30 U.S.C. 1001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/30/1001" } ] } ]

[ "Natural Resources Committee" ]

[ { "text": "1. Suspension of duty on 2,7-Naphthalenedisulfonic acid,5-[[4-chloro-6-[[3-[[8-[4-fluoro-6- (methylphenylamino)-1,3,5-triazin-2-yl]amino]-1-hydroxy-3,6-disulfo-2-naphthalenyl]azo]-4-sulfophenyl],amino]-1,3,5-triazin-2-yl]amino]-4-hydroxy-3-[(1-sulfo-2-naphthalenyl)azo]-sodium salt \n(a) In general \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by striking heading 9902.32.04 and inserting the following: 9902.32.04 2,7-Naphthalenedisulfonic acid,5-[[4-chloro-6-[[3-[[8-[4-fluoro-6- (methylphenylamino)-1,3,5-triazin-2-yl]amino]-1-hydroxy-3,6-disulfo-2-naphthalenyl]azo]-4-sulfophenyl],amino]-1,3,5-triazin-2-yl]amino]-4-hydroxy-3-[(1-sulfo-2-naphthalenyl)azo]-sodium salt (CAS No. 155522-05-7) (provided for in subheading 3402.16.30) 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": "Suspension of duty on 2,7-Naphthalenedisulfonic acid,5-[[4-chloro-6-[[3-[[8-[4-fluoro-6- (methylphenylamino)-1,3,5-triazin-2-yl]amino]-1-hydroxy-3,6-disulfo-2-naphthalenyl]azo]-4-sulfophenyl],amino]-1,3,5-triazin-2-yl]amino]-4-hydroxy-3-[(1-sulfo-2-naphthalenyl)azo]-sodium salt", "nested": [ { "text": "(a) In general \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by striking heading 9902.32.04 and inserting the following: 9902.32.04 2,7-Naphthalenedisulfonic acid,5-[[4-chloro-6-[[3-[[8-[4-fluoro-6- (methylphenylamino)-1,3,5-triazin-2-yl]amino]-1-hydroxy-3,6-disulfo-2-naphthalenyl]azo]-4-sulfophenyl],amino]-1,3,5-triazin-2-yl]amino]-4-hydroxy-3-[(1-sulfo-2-naphthalenyl)azo]-sodium salt (CAS No. 155522-05-7) (provided for in subheading 3402.16.30) 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; table of contents \n(a) Short Title \nThis Act may be cited as the Millennium Challenge Accountability Act of 2004. (b) Table of Contents \nThe table of contents of this Act is as follows: Sec. 1. Short title; table of contents Title I—Millennium Challenge Act of 2003 Sec. 101. Oversight by General Accounting Office Sec. 102. Millennium Challenge Advisory Council Sec. 103. Findings; Statement of policy Sec. 104. Definitions Sec. 105. Principal objectives Sec. 106. Transfer to Foreign Assistance Act of 1961 Title II—Miscellaneous Provisions Subtitle A—HELP Commission Act; Foreign Aid Impact Assessment Act Sec. 201. HELP Commission Act Sec. 202. Foreign Aid Impact Assessment Act Subtitle B—Repeals; Related Provisions Sec. 211. Repeals; conforming amendments Sec. 212. General authorities", "id": "HB65630D722E34BFCA73750B49DD67274", "header": "Short title; table of contents", "nested": [ { "text": "(a) Short Title \nThis Act may be cited as the Millennium Challenge Accountability Act of 2004.", "id": "H08F7AE18936A4D0EB39707BFADFC81C3", "header": "Short Title", "nested": [], "links": [] }, { "text": "(b) Table of Contents \nThe table of contents of this Act is as follows: Sec. 1. Short title; table of contents Title I—Millennium Challenge Act of 2003 Sec. 101. Oversight by General Accounting Office Sec. 102. Millennium Challenge Advisory Council Sec. 103. Findings; Statement of policy Sec. 104. Definitions Sec. 105. Principal objectives Sec. 106. Transfer to Foreign Assistance Act of 1961 Title II—Miscellaneous Provisions Subtitle A—HELP Commission Act; Foreign Aid Impact Assessment Act Sec. 201. HELP Commission Act Sec. 202. Foreign Aid Impact Assessment Act Subtitle B—Repeals; Related Provisions Sec. 211. Repeals; conforming amendments Sec. 212. General authorities", "id": "H71434142BF0E468CAAAC298BA228DCD8", "header": "Table of Contents", "nested": [], "links": [] } ], "links": [] }, { "text": "101. Oversight by General Accounting Office \nSection 614 of title VI of division D of the Consolidated Appropriations Act, 2004 (Public Law 108-199; 22 U.S.C. 7713) is amended by adding at the end the following new subsection: (h) Comptroller General \n(1) In general \nThe Comptroller General shall conduct on an annual basis and as appropriate audits, evaluations, and investigations of the Corporation. (2) Scope \nIn carrying out this subsection, the Comptroller General may conduct audits, evaluations, and investigations of the activities and financial transactions of the Corporation for any fiscal year during which Federal funds are available to finance any portion of its operations in accordance with such rules and regulations as may be prescribed by the Comptroller General. (3) Location; access to documents \n(A) Location \nThe Comptroller General shall conduct an audit, evaluation, or investigation under this subsection at the place or places where pertinent information of the Corporation is normally kept. (B) Access to documents \nIn conducting an audit, evaluation, or investigation under this subsection, representatives of the General Accounting Office shall have access to all books, accounts, financial records, reports, files, and other papers or property belonging to or in use by the Corporation and necessary to facilitate the audit, evaluation, or investigation. In addition, the representatives shall be afforded full facilities for verifying transactions with the balances and securities held by depositories, fiscal agents, and custodians of the Corporation. (C) Rule of construction \nAll books, accounts, financial records, reports, files, and other papers or property belonging to or in use by the Corporation shall remain in the possession and custody of the Corporation throughout the period beginning on the date such possession or custody commences and ending three years after such date, but the General Accounting Office may require the retention of such books, accounts, financial records, reports, files, papers, or property for a longer period under section 3523(c) of title 31, United States Code. (4) Report \nThe Comptroller General shall prepare and submit to the President and the appropriate congressional committees a report that contains the results of each audit, evaluation, or investigation conducted under this subsection, including any recommendations as the Comptroller General determines to be appropriate..", "id": "H39A11770FC064096BD84C1EA003758B0", "header": "Oversight by General Accounting Office", "nested": [], "links": [] }, { "text": "102. Millennium Challenge Advisory Council \nTitle VI of division D of the Consolidated Appropriations Act, 2004 (Public Law 108-199; 22 U.S.C. 7701 et seq.) is amended by adding at the end the following new section: 620. Millennium Challenge Advisory Council \n(a) Establishment \nThere is hereby established in the executive branch an advisory council to the Corporation to be known as the Millennium Challenge Advisory Council. (b) Functions \n(1) General functions \nThe Council shall advise and consult with the Chief Executive Officer of the Corporation and the Board of Directors with respect to policies and programs designed to further the purposes of this division and shall periodically report to the Congress with respect to the activities of the Corporation. In addition, the Council shall review on an annual basis the criteria and methodology used to determine eligibility of countries for assistance under this title and make recommendations to the Chief Executive Officer and the Board to improve the effectiveness of such criteria and methodology in order to achieve the purposes of this division. (2) Additional functions \nMembers of the Council shall (subject to subsection (d)(1)) conduct on-site inspections, and make examinations, of the activities of the Corporation in the United States and in other countries in order to— (A) evaluate the accomplishments of the Corporation; (B) assess the potential capabilities and the future role of the Corporation; (C) make recommendations to the Chief Executive Officer, the Board of Directors, and Congress, for the purpose of guiding the future direction of the Corporation and of helping to ensure that the purposes and programs of the Corporation are carried out in ways that are economical, efficient, responsive to changing needs in developing countries and to changing relationships among people, and in accordance with law; and (D) make such other evaluations, assessments, and recommendations as the Council considers appropriate. (3) Public participation \nThe Council may provide for public participation in its activities, consistent with section 552b of title 5, United States Code. (c) Membership \n(1) In general \nThe Council shall consist of seven individuals, who shall be appointed by the Chief Executive Officer, and who shall be broadly representative of nongovernmental entities with expertise and interest in international trade and economic development, including business and business associations, trade and labor unions, private and voluntary organizations, foundations, public policy organizations, academia, and other entities as the Chief Executive Officer determines appropriate. (2) Additional requirement \nNo member appointed under paragraph (1) may be an officer or employee of the United States Government. (d) Compensation \n(1) In general \nExcept as provided in paragraph (2), a member of the Council— (A) shall be paid compensation out of funds made available for the purposes of this title at the daily equivalent of the highest rate payable under section 5332 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the actual performance of duties as a member of the Council; and (B) while away from the member's home or regular place of business on necessary travel, as determined by the Chief Executive Officer, in the actual performance of duties as a member of the Council, shall be paid per diem, travel, and transportation expenses in the same manner as is provided under subchapter I of chapter 57 of title 5, United States Code. (2) Limitation \nA member of the Council may not be paid compensation under paragraph (1)(A) for more than thirty days in any calendar year. (e) Quorum \nA majority of the members of the Council shall constitute a quorum for the purposes of transacting any business. (f) Financial Interests of Members \nA member of the Council shall disclose to the Chairperson of the Council and the Chief Executive Officer of the existence of any direct or indirect financial interest of that member in any particular matter before the Council and may not vote or otherwise participate as a Council member with respect to that particular matter. (g) Chairperson \nThe Chief Executive Officer shall designate one of the members of the Council as Chairperson, who shall serve in that capacity for a term of two years. The Chief Executive Officer may renew the term of the member appointed as Chairperson under the preceding sentence. (h) Meetings; Bylaws and Regulations \n(1) Meetings \nThe Council shall hold a regular meeting during each calendar quarter and shall meet at the call of the President, the Chief Executive Officer, the Chairperson of the Board, the Chairperson of the Council, or two members of the Council. (2) Bylaws and regulations \nThe Council shall prescribe such bylaws and regulations as it considers necessary to carry out its functions. Such bylaws and regulations shall include procedures for fixing the time and place of meetings, giving or waiving of notice of meetings, and keeping of minutes of meetings. (i) Report to the President, Chief Executive Officer, and Board \n(1) Report \nNot later than January 1, 2005, and not later than January 1 of each year thereafter that the Corporation is in existence, the Council shall submit to the President, the Chief Executive Officer, and the Board a report on its views on the programs and activities of the Corporation. (2) Contents \nEach report shall contain a summary of the advice and recommendations provided by the Council to the Chief Executive Officer and the Board during the period covered by the report and such recommendations (including recommendations for administrative or legislative action) as the Council considers appropriate to make to the Congress. (3) Additional requirement \nNot later than 90 days after receiving each such report, the Chief Executive Officer shall transmit to Congress a copy of the report, together with any comments concerning the report that the Chief Executive Officer considers appropriate. (j) Administrative Assistance \nThe Chief Executive Officer shall make available to the Council such personnel, administrative support services, and technical assistance as are necessary to carry out its functions effectively. (k) Termination \nSection 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.; relating to the termination of advisory committees) shall not apply to the Council. Notwithstanding section 102 of this Act, the authorities of the Council shall terminate on December 31, 2007..", "id": "H06D8917EEA76491B9E77F95205D9E286", "header": "Millennium Challenge Advisory Council", "nested": [ { "text": "Title VI of division D of the Consolidated Appropriations Act, 2004 (Public Law 108-199; 22 U.S.C. 7701 et seq.) is amended by adding at the end the following new section: 620. Millennium Challenge Advisory Council \n(a) Establishment \nThere is hereby established in the executive branch an advisory council to the Corporation to be known as the Millennium Challenge Advisory Council. (b) Functions \n(1) General functions \nThe Council shall advise and consult with the Chief Executive Officer of the Corporation and the Board of Directors with respect to policies and programs designed to further the purposes of this division and shall periodically report to the Congress with respect to the activities of the Corporation. In addition, the Council shall review on an annual basis the criteria and methodology used to determine eligibility of countries for assistance under this title and make recommendations to the Chief Executive Officer and the Board to improve the effectiveness of such criteria and methodology in order to achieve the purposes of this division. (2) Additional functions \nMembers of the Council shall (subject to subsection (d)(1)) conduct on-site inspections, and make examinations, of the activities of the Corporation in the United States and in other countries in order to— (A) evaluate the accomplishments of the Corporation; (B) assess the potential capabilities and the future role of the Corporation; (C) make recommendations to the Chief Executive Officer, the Board of Directors, and Congress, for the purpose of guiding the future direction of the Corporation and of helping to ensure that the purposes and programs of the Corporation are carried out in ways that are economical, efficient, responsive to changing needs in developing countries and to changing relationships among people, and in accordance with law; and (D) make such other evaluations, assessments, and recommendations as the Council considers appropriate. (3) Public participation \nThe Council may provide for public participation in its activities, consistent with section 552b of title 5, United States Code. (c) Membership \n(1) In general \nThe Council shall consist of seven individuals, who shall be appointed by the Chief Executive Officer, and who shall be broadly representative of nongovernmental entities with expertise and interest in international trade and economic development, including business and business associations, trade and labor unions, private and voluntary organizations, foundations, public policy organizations, academia, and other entities as the Chief Executive Officer determines appropriate. (2) Additional requirement \nNo member appointed under paragraph (1) may be an officer or employee of the United States Government. (d) Compensation \n(1) In general \nExcept as provided in paragraph (2), a member of the Council— (A) shall be paid compensation out of funds made available for the purposes of this title at the daily equivalent of the highest rate payable under section 5332 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the actual performance of duties as a member of the Council; and (B) while away from the member's home or regular place of business on necessary travel, as determined by the Chief Executive Officer, in the actual performance of duties as a member of the Council, shall be paid per diem, travel, and transportation expenses in the same manner as is provided under subchapter I of chapter 57 of title 5, United States Code. (2) Limitation \nA member of the Council may not be paid compensation under paragraph (1)(A) for more than thirty days in any calendar year. (e) Quorum \nA majority of the members of the Council shall constitute a quorum for the purposes of transacting any business. (f) Financial Interests of Members \nA member of the Council shall disclose to the Chairperson of the Council and the Chief Executive Officer of the existence of any direct or indirect financial interest of that member in any particular matter before the Council and may not vote or otherwise participate as a Council member with respect to that particular matter. (g) Chairperson \nThe Chief Executive Officer shall designate one of the members of the Council as Chairperson, who shall serve in that capacity for a term of two years. The Chief Executive Officer may renew the term of the member appointed as Chairperson under the preceding sentence. (h) Meetings; Bylaws and Regulations \n(1) Meetings \nThe Council shall hold a regular meeting during each calendar quarter and shall meet at the call of the President, the Chief Executive Officer, the Chairperson of the Board, the Chairperson of the Council, or two members of the Council. (2) Bylaws and regulations \nThe Council shall prescribe such bylaws and regulations as it considers necessary to carry out its functions. Such bylaws and regulations shall include procedures for fixing the time and place of meetings, giving or waiving of notice of meetings, and keeping of minutes of meetings. (i) Report to the President, Chief Executive Officer, and Board \n(1) Report \nNot later than January 1, 2005, and not later than January 1 of each year thereafter that the Corporation is in existence, the Council shall submit to the President, the Chief Executive Officer, and the Board a report on its views on the programs and activities of the Corporation. (2) Contents \nEach report shall contain a summary of the advice and recommendations provided by the Council to the Chief Executive Officer and the Board during the period covered by the report and such recommendations (including recommendations for administrative or legislative action) as the Council considers appropriate to make to the Congress. (3) Additional requirement \nNot later than 90 days after receiving each such report, the Chief Executive Officer shall transmit to Congress a copy of the report, together with any comments concerning the report that the Chief Executive Officer considers appropriate. (j) Administrative Assistance \nThe Chief Executive Officer shall make available to the Council such personnel, administrative support services, and technical assistance as are necessary to carry out its functions effectively. (k) Termination \nSection 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.; relating to the termination of advisory committees) shall not apply to the Council. Notwithstanding section 102 of this Act, the authorities of the Council shall terminate on December 31, 2007..", "id": "H281BF64AA4AD468CA84CC81BD6ACEC7", "header": null, "nested": [], "links": [] } ], "links": [] }, { "text": "620. Millennium Challenge Advisory Council \n(a) Establishment \nThere is hereby established in the executive branch an advisory council to the Corporation to be known as the Millennium Challenge Advisory Council. (b) Functions \n(1) General functions \nThe Council shall advise and consult with the Chief Executive Officer of the Corporation and the Board of Directors with respect to policies and programs designed to further the purposes of this division and shall periodically report to the Congress with respect to the activities of the Corporation. In addition, the Council shall review on an annual basis the criteria and methodology used to determine eligibility of countries for assistance under this title and make recommendations to the Chief Executive Officer and the Board to improve the effectiveness of such criteria and methodology in order to achieve the purposes of this division. (2) Additional functions \nMembers of the Council shall (subject to subsection (d)(1)) conduct on-site inspections, and make examinations, of the activities of the Corporation in the United States and in other countries in order to— (A) evaluate the accomplishments of the Corporation; (B) assess the potential capabilities and the future role of the Corporation; (C) make recommendations to the Chief Executive Officer, the Board of Directors, and Congress, for the purpose of guiding the future direction of the Corporation and of helping to ensure that the purposes and programs of the Corporation are carried out in ways that are economical, efficient, responsive to changing needs in developing countries and to changing relationships among people, and in accordance with law; and (D) make such other evaluations, assessments, and recommendations as the Council considers appropriate. (3) Public participation \nThe Council may provide for public participation in its activities, consistent with section 552b of title 5, United States Code. (c) Membership \n(1) In general \nThe Council shall consist of seven individuals, who shall be appointed by the Chief Executive Officer, and who shall be broadly representative of nongovernmental entities with expertise and interest in international trade and economic development, including business and business associations, trade and labor unions, private and voluntary organizations, foundations, public policy organizations, academia, and other entities as the Chief Executive Officer determines appropriate. (2) Additional requirement \nNo member appointed under paragraph (1) may be an officer or employee of the United States Government. (d) Compensation \n(1) In general \nExcept as provided in paragraph (2), a member of the Council— (A) shall be paid compensation out of funds made available for the purposes of this title at the daily equivalent of the highest rate payable under section 5332 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the actual performance of duties as a member of the Council; and (B) while away from the member's home or regular place of business on necessary travel, as determined by the Chief Executive Officer, in the actual performance of duties as a member of the Council, shall be paid per diem, travel, and transportation expenses in the same manner as is provided under subchapter I of chapter 57 of title 5, United States Code. (2) Limitation \nA member of the Council may not be paid compensation under paragraph (1)(A) for more than thirty days in any calendar year. (e) Quorum \nA majority of the members of the Council shall constitute a quorum for the purposes of transacting any business. (f) Financial Interests of Members \nA member of the Council shall disclose to the Chairperson of the Council and the Chief Executive Officer of the existence of any direct or indirect financial interest of that member in any particular matter before the Council and may not vote or otherwise participate as a Council member with respect to that particular matter. (g) Chairperson \nThe Chief Executive Officer shall designate one of the members of the Council as Chairperson, who shall serve in that capacity for a term of two years. The Chief Executive Officer may renew the term of the member appointed as Chairperson under the preceding sentence. (h) Meetings; Bylaws and Regulations \n(1) Meetings \nThe Council shall hold a regular meeting during each calendar quarter and shall meet at the call of the President, the Chief Executive Officer, the Chairperson of the Board, the Chairperson of the Council, or two members of the Council. (2) Bylaws and regulations \nThe Council shall prescribe such bylaws and regulations as it considers necessary to carry out its functions. Such bylaws and regulations shall include procedures for fixing the time and place of meetings, giving or waiving of notice of meetings, and keeping of minutes of meetings. (i) Report to the President, Chief Executive Officer, and Board \n(1) Report \nNot later than January 1, 2005, and not later than January 1 of each year thereafter that the Corporation is in existence, the Council shall submit to the President, the Chief Executive Officer, and the Board a report on its views on the programs and activities of the Corporation. (2) Contents \nEach report shall contain a summary of the advice and recommendations provided by the Council to the Chief Executive Officer and the Board during the period covered by the report and such recommendations (including recommendations for administrative or legislative action) as the Council considers appropriate to make to the Congress. (3) Additional requirement \nNot later than 90 days after receiving each such report, the Chief Executive Officer shall transmit to Congress a copy of the report, together with any comments concerning the report that the Chief Executive Officer considers appropriate. (j) Administrative Assistance \nThe Chief Executive Officer shall make available to the Council such personnel, administrative support services, and technical assistance as are necessary to carry out its functions effectively. (k) Termination \nSection 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.; relating to the termination of advisory committees) shall not apply to the Council. Notwithstanding section 102 of this Act, the authorities of the Council shall terminate on December 31, 2007.", "id": "H4AE888006D4F4FA2AF1B448082FF4496", "header": "Millennium Challenge Advisory Council", "nested": [ { "text": "(a) Establishment \nThere is hereby established in the executive branch an advisory council to the Corporation to be known as the Millennium Challenge Advisory Council.", "id": "H80B5602259E4445C9C54F50021F95024", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Functions \n(1) General functions \nThe Council shall advise and consult with the Chief Executive Officer of the Corporation and the Board of Directors with respect to policies and programs designed to further the purposes of this division and shall periodically report to the Congress with respect to the activities of the Corporation. In addition, the Council shall review on an annual basis the criteria and methodology used to determine eligibility of countries for assistance under this title and make recommendations to the Chief Executive Officer and the Board to improve the effectiveness of such criteria and methodology in order to achieve the purposes of this division. (2) Additional functions \nMembers of the Council shall (subject to subsection (d)(1)) conduct on-site inspections, and make examinations, of the activities of the Corporation in the United States and in other countries in order to— (A) evaluate the accomplishments of the Corporation; (B) assess the potential capabilities and the future role of the Corporation; (C) make recommendations to the Chief Executive Officer, the Board of Directors, and Congress, for the purpose of guiding the future direction of the Corporation and of helping to ensure that the purposes and programs of the Corporation are carried out in ways that are economical, efficient, responsive to changing needs in developing countries and to changing relationships among people, and in accordance with law; and (D) make such other evaluations, assessments, and recommendations as the Council considers appropriate. (3) Public participation \nThe Council may provide for public participation in its activities, consistent with section 552b of title 5, United States Code.", "id": "H81AFD383CA4F4457B1005078F911BFAC", "header": "Functions", "nested": [], "links": [] }, { "text": "(c) Membership \n(1) In general \nThe Council shall consist of seven individuals, who shall be appointed by the Chief Executive Officer, and who shall be broadly representative of nongovernmental entities with expertise and interest in international trade and economic development, including business and business associations, trade and labor unions, private and voluntary organizations, foundations, public policy organizations, academia, and other entities as the Chief Executive Officer determines appropriate. (2) Additional requirement \nNo member appointed under paragraph (1) may be an officer or employee of the United States Government.", "id": "H97657CFCB8D2433E96ECC46E69E7A4B8", "header": "Membership", "nested": [], "links": [] }, { "text": "(d) Compensation \n(1) In general \nExcept as provided in paragraph (2), a member of the Council— (A) shall be paid compensation out of funds made available for the purposes of this title at the daily equivalent of the highest rate payable under section 5332 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the actual performance of duties as a member of the Council; and (B) while away from the member's home or regular place of business on necessary travel, as determined by the Chief Executive Officer, in the actual performance of duties as a member of the Council, shall be paid per diem, travel, and transportation expenses in the same manner as is provided under subchapter I of chapter 57 of title 5, United States Code. (2) Limitation \nA member of the Council may not be paid compensation under paragraph (1)(A) for more than thirty days in any calendar year.", "id": "H0E9A4ADF8B6A44E79313D35446E1ECCD", "header": "Compensation", "nested": [], "links": [] }, { "text": "(e) Quorum \nA majority of the members of the Council shall constitute a quorum for the purposes of transacting any business.", "id": "H74272881843C477E890700BF415C5682", "header": "Quorum", "nested": [], "links": [] }, { "text": "(f) Financial Interests of Members \nA member of the Council shall disclose to the Chairperson of the Council and the Chief Executive Officer of the existence of any direct or indirect financial interest of that member in any particular matter before the Council and may not vote or otherwise participate as a Council member with respect to that particular matter.", "id": "HB222166039A04EA8008EBFF10002A3F1", "header": "Financial Interests of Members", "nested": [], "links": [] }, { "text": "(g) Chairperson \nThe Chief Executive Officer shall designate one of the members of the Council as Chairperson, who shall serve in that capacity for a term of two years. The Chief Executive Officer may renew the term of the member appointed as Chairperson under the preceding sentence.", "id": "H342531CDB6B94B248B91A23CFCBB1FD6", "header": "Chairperson", "nested": [], "links": [] }, { "text": "(h) Meetings; Bylaws and Regulations \n(1) Meetings \nThe Council shall hold a regular meeting during each calendar quarter and shall meet at the call of the President, the Chief Executive Officer, the Chairperson of the Board, the Chairperson of the Council, or two members of the Council. (2) Bylaws and regulations \nThe Council shall prescribe such bylaws and regulations as it considers necessary to carry out its functions. Such bylaws and regulations shall include procedures for fixing the time and place of meetings, giving or waiving of notice of meetings, and keeping of minutes of meetings.", "id": "H3A20424AD87446D99BD8D3592E500056", "header": "Meetings; Bylaws and Regulations", "nested": [], "links": [] }, { "text": "(i) Report to the President, Chief Executive Officer, and Board \n(1) Report \nNot later than January 1, 2005, and not later than January 1 of each year thereafter that the Corporation is in existence, the Council shall submit to the President, the Chief Executive Officer, and the Board a report on its views on the programs and activities of the Corporation. (2) Contents \nEach report shall contain a summary of the advice and recommendations provided by the Council to the Chief Executive Officer and the Board during the period covered by the report and such recommendations (including recommendations for administrative or legislative action) as the Council considers appropriate to make to the Congress. (3) Additional requirement \nNot later than 90 days after receiving each such report, the Chief Executive Officer shall transmit to Congress a copy of the report, together with any comments concerning the report that the Chief Executive Officer considers appropriate.", "id": "H470D451A451B40DDAF79283E00D30710", "header": "Report to the President, Chief Executive Officer, and Board", "nested": [], "links": [] }, { "text": "(j) Administrative Assistance \nThe Chief Executive Officer shall make available to the Council such personnel, administrative support services, and technical assistance as are necessary to carry out its functions effectively.", "id": "HB82AF1DA12AE419C94FF965282CA2E4F", "header": "Administrative Assistance", "nested": [], "links": [] }, { "text": "(k) Termination \nSection 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.; relating to the termination of advisory committees) shall not apply to the Council. Notwithstanding section 102 of this Act, the authorities of the Council shall terminate on December 31, 2007.", "id": "H7BBBBCFA5D454448AF1CB294EF2D3BD0", "header": "Termination", "nested": [], "links": [] } ], "links": [] }, { "text": "103. Findings; Statement of policy \nTitle VI of division D of the Consolidated Appropriations Act, 2004 (Public Law 108-199; 22 U.S.C. 7701 et seq.) is amended by inserting after section 601 the following new section: 601A. Findings; Statement of policy \n(a) Findings \nCongress finds the following: (1) A principal objective of United States foreign assistance programs, as stated in section 101 of this Act, is the encouragement and sustained support of the people of developing countries in their efforts to acquire the knowledge and resources essential to development and to build the economic, political, and social institutions which will improve the quality of their lives. (2) The expanding acceptance of free trade and open markets and the spread of democracy and the rule of law have brought a better way of life to an increasing number of people in the world. (3) Inequalities between men and women undermine development and poverty-reduction efforts in fundamental ways. A woman's limited access to resources and restrictions on the exercise of her rights, including the right to participate in social and political processes, disables her from maximizing her contribution to her family's health, education, and general well-being. (4) On March 14, 2002, the President noted the successes of development assistance programs: The advances of free markets and trade and democracy and rule of law have brought prosperity to an ever-widening circle of people in this world. During our lifetime, per capita income in the poorest countries has nearly doubled. Illiteracy has been cut by one-third, giving more children a chance to learn. Infant mortality has been almost halved, giving more children a chance to live.. (5) Development is neither an easy process nor a linear one. There are successes and there are failures. Today, too many people are still living in poverty, disease has eroded many of the economic and social gains of previous decades, and many countries have not adopted policies, for a variety of reasons, that would enable them to compete in an open and equitable international economic system. (6) More countries and more people will be able to participate in and benefit from the opportunities afforded by the global economy if the following conditions for sound and sustainable economic development are met: (A) Security \nSecurity is necessary for economic development. Persistent poverty and oppression can lead to hopelessness, despair, and to failed states that become havens for terrorists. (B) Policies that support broad-based economic growth \nSuccessful long-term development can only occur through broad-based economic growth that enables the poor to increase their incomes and have access to productive resources and services so that they can lead lives of decency, dignity, and hope. (C) Democracy and the rule of law \nDemocratic development, political pluralism, and respect for internationally recognized human rights are intrinsically linked to economic and social progress. The ability of people to participate in the economic and political processes affecting their lives is essential to sustained growth. The rule of law and a commitment to fight corruption is also critical to the development of a prosperous society. (D) Investments in people \nEconomic growth and democracy can be sustained only if both men and women have the basic tools and capabilities that foster the opportunity for participation in the economic, social, and political life of their countries. Successful development of countries requires citizens who are literate, healthy, and prepared and able to work. (7) Economic assistance programs authorized under this part, as administered by the United States Agency for International Development and other Federal agencies, are of critical importance in assisting countries to be in a position to maximize the effectiveness of assistance authorized by this title. (8) It is in the national interest of the United States to help those countries that are implementing the economic and political reforms necessary for development to occur. (9) On March 14, 2002, the President stated that the growing divide between wealth and poverty, between opportunity and misery, is both a challenge to our compassion and a source of instability... [w]e must confront it... [w]e must include every African, every Asian, every Latin American, every Muslim, in an expanding circle of development.. (10) The President has pledged that funds requested for the Millennium Challenge Account shall be in addition to, and not a substitute for, existing development and humanitarian programs. (11) Development assistance alone is not sufficient to stimulate economic growth and development. Assistance has been shown to have a positive impact on growth and development in developing countries with sound policies and institutions. If countries have poor policies and institutions, however, it is highly unlikely that assistance will have a net positive effect. (12) Economic development, and the achievement of the Millennium Development Goals, must be a shared responsibility between donor and recipient countries. (b) Statement of policy regarding a new compact for global development \nIt is, therefore, the policy of the United States to support a new compact for global development that— (1) increases support by donor countries to those developing countries that are fostering democracy and the rule of law, investing in their people, and promoting economic freedom for all their people; (2) recognizes, however, that it is the developing countries themselves that are primarily responsible for the achievement of those goals; (3) seeks to coordinate the disparate development assistance policies of donor countries, and to harmonize the trade and finance policies of donor countries with their respective development assistance programs; and (4) aims to reduce poverty by significantly increasing the economic growth trajectory of beneficiary countries through investing in the productive potential of the people of such countries..", "id": "H8DC2EDF9A25E4A2382552172A3E714C6", "header": "Findings; Statement of policy", "nested": [], "links": [] }, { "text": "601A. Findings; Statement of policy \n(a) Findings \nCongress finds the following: (1) A principal objective of United States foreign assistance programs, as stated in section 101 of this Act, is the encouragement and sustained support of the people of developing countries in their efforts to acquire the knowledge and resources essential to development and to build the economic, political, and social institutions which will improve the quality of their lives. (2) The expanding acceptance of free trade and open markets and the spread of democracy and the rule of law have brought a better way of life to an increasing number of people in the world. (3) Inequalities between men and women undermine development and poverty-reduction efforts in fundamental ways. A woman's limited access to resources and restrictions on the exercise of her rights, including the right to participate in social and political processes, disables her from maximizing her contribution to her family's health, education, and general well-being. (4) On March 14, 2002, the President noted the successes of development assistance programs: The advances of free markets and trade and democracy and rule of law have brought prosperity to an ever-widening circle of people in this world. During our lifetime, per capita income in the poorest countries has nearly doubled. Illiteracy has been cut by one-third, giving more children a chance to learn. Infant mortality has been almost halved, giving more children a chance to live.. (5) Development is neither an easy process nor a linear one. There are successes and there are failures. Today, too many people are still living in poverty, disease has eroded many of the economic and social gains of previous decades, and many countries have not adopted policies, for a variety of reasons, that would enable them to compete in an open and equitable international economic system. (6) More countries and more people will be able to participate in and benefit from the opportunities afforded by the global economy if the following conditions for sound and sustainable economic development are met: (A) Security \nSecurity is necessary for economic development. Persistent poverty and oppression can lead to hopelessness, despair, and to failed states that become havens for terrorists. (B) Policies that support broad-based economic growth \nSuccessful long-term development can only occur through broad-based economic growth that enables the poor to increase their incomes and have access to productive resources and services so that they can lead lives of decency, dignity, and hope. (C) Democracy and the rule of law \nDemocratic development, political pluralism, and respect for internationally recognized human rights are intrinsically linked to economic and social progress. The ability of people to participate in the economic and political processes affecting their lives is essential to sustained growth. The rule of law and a commitment to fight corruption is also critical to the development of a prosperous society. (D) Investments in people \nEconomic growth and democracy can be sustained only if both men and women have the basic tools and capabilities that foster the opportunity for participation in the economic, social, and political life of their countries. Successful development of countries requires citizens who are literate, healthy, and prepared and able to work. (7) Economic assistance programs authorized under this part, as administered by the United States Agency for International Development and other Federal agencies, are of critical importance in assisting countries to be in a position to maximize the effectiveness of assistance authorized by this title. (8) It is in the national interest of the United States to help those countries that are implementing the economic and political reforms necessary for development to occur. (9) On March 14, 2002, the President stated that the growing divide between wealth and poverty, between opportunity and misery, is both a challenge to our compassion and a source of instability... [w]e must confront it... [w]e must include every African, every Asian, every Latin American, every Muslim, in an expanding circle of development.. (10) The President has pledged that funds requested for the Millennium Challenge Account shall be in addition to, and not a substitute for, existing development and humanitarian programs. (11) Development assistance alone is not sufficient to stimulate economic growth and development. Assistance has been shown to have a positive impact on growth and development in developing countries with sound policies and institutions. If countries have poor policies and institutions, however, it is highly unlikely that assistance will have a net positive effect. (12) Economic development, and the achievement of the Millennium Development Goals, must be a shared responsibility between donor and recipient countries. (b) Statement of policy regarding a new compact for global development \nIt is, therefore, the policy of the United States to support a new compact for global development that— (1) increases support by donor countries to those developing countries that are fostering democracy and the rule of law, investing in their people, and promoting economic freedom for all their people; (2) recognizes, however, that it is the developing countries themselves that are primarily responsible for the achievement of those goals; (3) seeks to coordinate the disparate development assistance policies of donor countries, and to harmonize the trade and finance policies of donor countries with their respective development assistance programs; and (4) aims to reduce poverty by significantly increasing the economic growth trajectory of beneficiary countries through investing in the productive potential of the people of such countries.", "id": "HD6FC6928CCB240ECB962B20089F0D563", "header": "Findings; Statement of policy", "nested": [ { "text": "(a) Findings \nCongress finds the following: (1) A principal objective of United States foreign assistance programs, as stated in section 101 of this Act, is the encouragement and sustained support of the people of developing countries in their efforts to acquire the knowledge and resources essential to development and to build the economic, political, and social institutions which will improve the quality of their lives. (2) The expanding acceptance of free trade and open markets and the spread of democracy and the rule of law have brought a better way of life to an increasing number of people in the world. (3) Inequalities between men and women undermine development and poverty-reduction efforts in fundamental ways. A woman's limited access to resources and restrictions on the exercise of her rights, including the right to participate in social and political processes, disables her from maximizing her contribution to her family's health, education, and general well-being. (4) On March 14, 2002, the President noted the successes of development assistance programs: The advances of free markets and trade and democracy and rule of law have brought prosperity to an ever-widening circle of people in this world. During our lifetime, per capita income in the poorest countries has nearly doubled. Illiteracy has been cut by one-third, giving more children a chance to learn. Infant mortality has been almost halved, giving more children a chance to live.. (5) Development is neither an easy process nor a linear one. There are successes and there are failures. Today, too many people are still living in poverty, disease has eroded many of the economic and social gains of previous decades, and many countries have not adopted policies, for a variety of reasons, that would enable them to compete in an open and equitable international economic system. (6) More countries and more people will be able to participate in and benefit from the opportunities afforded by the global economy if the following conditions for sound and sustainable economic development are met: (A) Security \nSecurity is necessary for economic development. Persistent poverty and oppression can lead to hopelessness, despair, and to failed states that become havens for terrorists. (B) Policies that support broad-based economic growth \nSuccessful long-term development can only occur through broad-based economic growth that enables the poor to increase their incomes and have access to productive resources and services so that they can lead lives of decency, dignity, and hope. (C) Democracy and the rule of law \nDemocratic development, political pluralism, and respect for internationally recognized human rights are intrinsically linked to economic and social progress. The ability of people to participate in the economic and political processes affecting their lives is essential to sustained growth. The rule of law and a commitment to fight corruption is also critical to the development of a prosperous society. (D) Investments in people \nEconomic growth and democracy can be sustained only if both men and women have the basic tools and capabilities that foster the opportunity for participation in the economic, social, and political life of their countries. Successful development of countries requires citizens who are literate, healthy, and prepared and able to work. (7) Economic assistance programs authorized under this part, as administered by the United States Agency for International Development and other Federal agencies, are of critical importance in assisting countries to be in a position to maximize the effectiveness of assistance authorized by this title. (8) It is in the national interest of the United States to help those countries that are implementing the economic and political reforms necessary for development to occur. (9) On March 14, 2002, the President stated that the growing divide between wealth and poverty, between opportunity and misery, is both a challenge to our compassion and a source of instability... [w]e must confront it... [w]e must include every African, every Asian, every Latin American, every Muslim, in an expanding circle of development.. (10) The President has pledged that funds requested for the Millennium Challenge Account shall be in addition to, and not a substitute for, existing development and humanitarian programs. (11) Development assistance alone is not sufficient to stimulate economic growth and development. Assistance has been shown to have a positive impact on growth and development in developing countries with sound policies and institutions. If countries have poor policies and institutions, however, it is highly unlikely that assistance will have a net positive effect. (12) Economic development, and the achievement of the Millennium Development Goals, must be a shared responsibility between donor and recipient countries.", "id": "HA94052FF772340CCB100BC769F163295", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Statement of policy regarding a new compact for global development \nIt is, therefore, the policy of the United States to support a new compact for global development that— (1) increases support by donor countries to those developing countries that are fostering democracy and the rule of law, investing in their people, and promoting economic freedom for all their people; (2) recognizes, however, that it is the developing countries themselves that are primarily responsible for the achievement of those goals; (3) seeks to coordinate the disparate development assistance policies of donor countries, and to harmonize the trade and finance policies of donor countries with their respective development assistance programs; and (4) aims to reduce poverty by significantly increasing the economic growth trajectory of beneficiary countries through investing in the productive potential of the people of such countries.", "id": "H04DB6148A43D44649B82152FF3A11905", "header": "Statement of policy regarding a new compact for global development", "nested": [], "links": [] } ], "links": [] }, { "text": "104. Definitions \n(a) Council \nSection 603 of title VI of division D of the Consolidated Appropriations Act, 2004 (Public Law 108-199; 22 U.S.C. 7702) is amended— (1) by redesignating paragraph (7) as paragraph (8); and (2) by inserting after paragraph (6) the following new paragraph: (7) Council \nThe term Council means the Millennium Challenge Advisory Council established under section 620 of this title.. (b) Millennium development goals \nSection 603 of title VI of division D of the Consolidated Appropriations Act, 2004, as amended by subsection (a), is further amended by adding at the end the following new paragraph: (9) Millennium development goals \nThe term Millennium Development Goals means the key development objectives described in the United Nations Millennium Declaration, as contained in United Nations General Assembly Resolution 55/2 (September 2000), which aim to eradicate extreme poverty and hunger, achieve universal primary education, promote gender equality and empower women, reduce child mortality, improve maternal health, combat HIV/AIDS, malaria, and other infectious diseases, ensure environmental sustainability, and develop a global partnership for development..", "id": "H612DC8EAAB73404C9D55FFDB843D8451", "header": "Definitions", "nested": [ { "text": "(a) Council \nSection 603 of title VI of division D of the Consolidated Appropriations Act, 2004 (Public Law 108-199; 22 U.S.C. 7702) is amended— (1) by redesignating paragraph (7) as paragraph (8); and (2) by inserting after paragraph (6) the following new paragraph: (7) Council \nThe term Council means the Millennium Challenge Advisory Council established under section 620 of this title..", "id": "H14F0FA948AAB4769832BFAD993C400F0", "header": "Council", "nested": [], "links": [] }, { "text": "(b) Millennium development goals \nSection 603 of title VI of division D of the Consolidated Appropriations Act, 2004, as amended by subsection (a), is further amended by adding at the end the following new paragraph: (9) Millennium development goals \nThe term Millennium Development Goals means the key development objectives described in the United Nations Millennium Declaration, as contained in United Nations General Assembly Resolution 55/2 (September 2000), which aim to eradicate extreme poverty and hunger, achieve universal primary education, promote gender equality and empower women, reduce child mortality, improve maternal health, combat HIV/AIDS, malaria, and other infectious diseases, ensure environmental sustainability, and develop a global partnership for development..", "id": "H4D19B23398C14F96A47DF5AC43E3F4B1", "header": "Millennium development goals", "nested": [], "links": [] } ], "links": [] }, { "text": "105. Principal objectives \nSection 605(a) of title VI of division D of the Consolidated Appropriations Act, 2004 (Public Law 108-199; 22 U.S.C. 7704(a)) is amended— (1) by striking Notwithstanding and inserting the following: (1) In general \nNotwithstanding ; and (2) by adding at the end the following: (2) Principal objectives \nAssistance provided under paragraph (1) should advance a country’s progress toward promoting the following principal objectives: (A) Fostering democratic societies, human rights, and the rule of law \nThe assistance should promote— (i) political, social, and economic pluralism; (ii) respect for the rule of law; (iii) anti-corruption initiatives and law enforcement; (iv) development of institutions of democratic governance, including electoral and legislative processes; (v) transparent and accountable public administration at all levels of government; (vi) a fair, competent, and independent judiciary; and (vii) a free and independent media. (B) Fostering investment in education and health infrastructure and systems \nThe assistance should foster improved educational opportunities and health conditions, particularly for women and children, including through— (i) support for programs and personnel that promote broad-based primary education, including through the development of academic curricula, by making available textbooks and other educational materials, and through appropriate use of technology; (ii) support for programs to strengthen and build institutions, including primary health care systems, infrastructure, facilities, and personnel that provide quality health care; (iii) support for improved systems for the delivery of healthy water and sanitation services; and (iv) support for programs that reduce child mortality (including those programs that combat HIV/AIDS, malaria, tuberculosis, and other infectious diseases, consistent with sections 104(c), 104A, 104B, and 104C of this Act). (C) Promoting economic freedom, broad-based economic growth, and fostering free market systems \nThe assistance should foster the institutions and conditions needed to promote free market systems, trade, and investment, including— (i) the reform and restructuring of banking and financial systems, including by allowing foreign competition in the banking and financial sectors, where appropriate; (ii) the development of transparent and efficient commercial codes and reduction in the regulatory burden on business; (iii) the protection of property rights, including— (I) private property and intellectual property rights, including through the adoption and effective enforcement of intellectual property treaties or international agreements; and (II) the establishment and maintenance of an efficient and integrated legal property system that, among other things, facilitates the ability of the poor, particularly women, to convert physical and intellectual assets into capital, such as utilizing existing practices and customs that allow assets to be documented in a manner that makes the assets widely transferable, leveragable, and fungible, that allows individuals to hold legal title to their property, and that holds owners accountable for transactions involving their property; (iv) support for market-based policies that support increased agricultural production; (v) a strong commitment to sound monetary and budgetary policies; (vi) the development of small businesses, private cooperatives, credit unions, and trade and labor unions; (vii) the protection of internationally recognized workers' rights; and (viii) the capacity of eligible countries to ameliorate damage to the environment and respect other environmental standards..", "id": "H767945C29184489A86DA86A4F4F3DB45", "header": "Principal objectives", "nested": [ { "text": "Section 605(a) of title VI of division D of the Consolidated Appropriations Act, 2004 (Public Law 108-199; 22 U.S.C. 7704(a)) is amended— (1) by striking Notwithstanding and inserting the following: (1) In general \nNotwithstanding ; and (2) by adding at the end the following: (2) Principal objectives \nAssistance provided under paragraph (1) should advance a country’s progress toward promoting the following principal objectives: (A) Fostering democratic societies, human rights, and the rule of law \nThe assistance should promote— (i) political, social, and economic pluralism; (ii) respect for the rule of law; (iii) anti-corruption initiatives and law enforcement; (iv) development of institutions of democratic governance, including electoral and legislative processes; (v) transparent and accountable public administration at all levels of government; (vi) a fair, competent, and independent judiciary; and (vii) a free and independent media. (B) Fostering investment in education and health infrastructure and systems \nThe assistance should foster improved educational opportunities and health conditions, particularly for women and children, including through— (i) support for programs and personnel that promote broad-based primary education, including through the development of academic curricula, by making available textbooks and other educational materials, and through appropriate use of technology; (ii) support for programs to strengthen and build institutions, including primary health care systems, infrastructure, facilities, and personnel that provide quality health care; (iii) support for improved systems for the delivery of healthy water and sanitation services; and (iv) support for programs that reduce child mortality (including those programs that combat HIV/AIDS, malaria, tuberculosis, and other infectious diseases, consistent with sections 104(c), 104A, 104B, and 104C of this Act). (C) Promoting economic freedom, broad-based economic growth, and fostering free market systems \nThe assistance should foster the institutions and conditions needed to promote free market systems, trade, and investment, including— (i) the reform and restructuring of banking and financial systems, including by allowing foreign competition in the banking and financial sectors, where appropriate; (ii) the development of transparent and efficient commercial codes and reduction in the regulatory burden on business; (iii) the protection of property rights, including— (I) private property and intellectual property rights, including through the adoption and effective enforcement of intellectual property treaties or international agreements; and (II) the establishment and maintenance of an efficient and integrated legal property system that, among other things, facilitates the ability of the poor, particularly women, to convert physical and intellectual assets into capital, such as utilizing existing practices and customs that allow assets to be documented in a manner that makes the assets widely transferable, leveragable, and fungible, that allows individuals to hold legal title to their property, and that holds owners accountable for transactions involving their property; (iv) support for market-based policies that support increased agricultural production; (v) a strong commitment to sound monetary and budgetary policies; (vi) the development of small businesses, private cooperatives, credit unions, and trade and labor unions; (vii) the protection of internationally recognized workers' rights; and (viii) the capacity of eligible countries to ameliorate damage to the environment and respect other environmental standards..", "id": "H7B4F8D3CB2FF4DD4835285AD8DBD61C0", "header": null, "nested": [], "links": [] } ], "links": [] }, { "text": "106. Transfer to Foreign Assistance Act of 1961 \n(a) Transfer \nTitle VI of division D of the Consolidated Appropriations Act, 2004 (Public Law 108-199) (other than the short title of such division) is hereby— (1) transferred from the Consolidated Appropriations Act, 2004, to the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.); and (2) inserted after title V of chapter 2 of part I of the Foreign Assistance Act of 1961. (b) Redesignation \nTitle VI of chapter 2 of part I of the Foreign Assistance Act of 1961 (as added by subsection (a)) is amended— (1) by redesignating sections 601 through 620 as sections 251 through 270, respectively; and (2) by striking each reference in such title to any of sections 601 through 620 and inserting a reference to the corresponding section number (as redesignated by paragraph (1)). (c) Conforming Amendment \nThe table of contents of the Consolidated Appropriations Act, 2004 (Public Law 108-199) is amended by striking the item relating to title VI of division D of such Act.", "id": "HFB0717BA85794E989E3C21C3771299CE", "header": "Transfer to Foreign Assistance Act of 1961", "nested": [ { "text": "(a) Transfer \nTitle VI of division D of the Consolidated Appropriations Act, 2004 (Public Law 108-199) (other than the short title of such division) is hereby— (1) transferred from the Consolidated Appropriations Act, 2004, to the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.); and (2) inserted after title V of chapter 2 of part I of the Foreign Assistance Act of 1961.", "id": "HECDF0AC88164489DBEB014AE614B9072", "header": "Transfer", "nested": [], "links": [] }, { "text": "(b) Redesignation \nTitle VI of chapter 2 of part I of the Foreign Assistance Act of 1961 (as added by subsection (a)) is amended— (1) by redesignating sections 601 through 620 as sections 251 through 270, respectively; and (2) by striking each reference in such title to any of sections 601 through 620 and inserting a reference to the corresponding section number (as redesignated by paragraph (1)).", "id": "HB95025226BCF4CC1A85B44BC6823AFE4", "header": "Redesignation", "nested": [], "links": [] }, { "text": "(c) Conforming Amendment \nThe table of contents of the Consolidated Appropriations Act, 2004 (Public Law 108-199) is amended by striking the item relating to title VI of division D of such Act.", "id": "HE2A0CC6C409D4426871CBDED35BD483", "header": "Conforming Amendment", "nested": [], "links": [] } ], "links": [] }, { "text": "201. HELP Commission Act \n(a) Transfer to the Foreign Assistance Act of 1961 \nSection 637 of title VI of division B of the Consolidated Appropriations Act, 2004 (Public Law 108-199) is hereby— (1) transferred from the Consolidated Appropriations Act, 2004, to the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.); and (2) inserted after section 134 of the Foreign Assistance Act of 1961. (b) Redesignation \nChapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended by redesignating section 637 (as added by subsection (a)) as section 135. (c) Conforming Amendment \nSection 135 of the Foreign Assistance Act of 1961 (as redesignated by subsection (b)) is amended by striking the section designation and all that follows through (a) This section and inserting the following: 135. HELP Commission Act \n(a) This section.", "id": "H93F897E5E598415C8CCA993673D5DB5B", "header": "HELP Commission Act", "nested": [ { "text": "(a) Transfer to the Foreign Assistance Act of 1961 \nSection 637 of title VI of division B of the Consolidated Appropriations Act, 2004 (Public Law 108-199) is hereby— (1) transferred from the Consolidated Appropriations Act, 2004, to the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.); and (2) inserted after section 134 of the Foreign Assistance Act of 1961.", "id": "H90FABC9775B54E7C9791F64FE4812418", "header": "Transfer to the Foreign Assistance Act of 1961", "nested": [], "links": [] }, { "text": "(b) Redesignation \nChapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended by redesignating section 637 (as added by subsection (a)) as section 135.", "id": "H67D26D20F9D54C57A67024D9A2C586EB", "header": "Redesignation", "nested": [], "links": [] }, { "text": "(c) Conforming Amendment \nSection 135 of the Foreign Assistance Act of 1961 (as redesignated by subsection (b)) is amended by striking the section designation and all that follows through (a) This section and inserting the following: 135. HELP Commission Act \n(a) This section.", "id": "HA44BCCA6B26F43FF96DCCE9B706664B7", "header": "Conforming Amendment", "nested": [], "links": [] } ], "links": [] }, { "text": "135. HELP Commission Act \n(a) This section", "id": "H79EC02164D6C4CCA93D39C2E9431D8D6", "header": "HELP Commission Act", "nested": [ { "text": "(a) This section", "id": "H8A500C668F2D442F9E0000DF8F7080C6", "header": null, "nested": [], "links": [] } ], "links": [] }, { "text": "202. Foreign Aid Impact Assessment Act \n(a) Redesignation \nSection 135 of the Foreign Assistance Act of 1961 (as added by section 201) is amended by redesignating subsection (k) of such section as section 136. (b) Conforming Amendments \nSection 136 of the Foreign Assistance Act of 1961 (as added by subsection (a)) is amended— (1) by redesignating each paragraph, subparagraph, and clause of such section as a subsection, paragraph, or subparagraph, respectively; (2) by striking the section designation and all that follows through (a) Not later than and inserting the following: 136. Foreign Aid Impact Assessment Act \n(a) Not later than ; (3) in paragraphs (1) and (2) of subsection (b) (as redesignated by paragraph (1)), by striking paragraph (1)(A)(i) each place it appears and inserting subsection (a)(1)(A) ; and (4) in subsection (c) (as redesignated by paragraph (1)), by striking paragraphs (1) and (2) and inserting subsections (a) and (b).", "id": "H76ED08E07CD44999806C28C2C3D10A0", "header": "Foreign Aid Impact Assessment Act", "nested": [ { "text": "(a) Redesignation \nSection 135 of the Foreign Assistance Act of 1961 (as added by section 201) is amended by redesignating subsection (k) of such section as section 136.", "id": "H5159F4F6D0CD4FCCB04CA23FA09BE749", "header": "Redesignation", "nested": [], "links": [] }, { "text": "(b) Conforming Amendments \nSection 136 of the Foreign Assistance Act of 1961 (as added by subsection (a)) is amended— (1) by redesignating each paragraph, subparagraph, and clause of such section as a subsection, paragraph, or subparagraph, respectively; (2) by striking the section designation and all that follows through (a) Not later than and inserting the following: 136. Foreign Aid Impact Assessment Act \n(a) Not later than ; (3) in paragraphs (1) and (2) of subsection (b) (as redesignated by paragraph (1)), by striking paragraph (1)(A)(i) each place it appears and inserting subsection (a)(1)(A) ; and (4) in subsection (c) (as redesignated by paragraph (1)), by striking paragraphs (1) and (2) and inserting subsections (a) and (b).", "id": "H4657475643124143981E759624134190", "header": "Conforming Amendments", "nested": [], "links": [] } ], "links": [] }, { "text": "136. Foreign Aid Impact Assessment Act \n(a) Not later than", "id": "H3208B12AA0DE4ADE9FB1CDB701C0064", "header": "Foreign Aid Impact Assessment Act", "nested": [ { "text": "(a) Not later than", "id": "HF1960C7B843C47EFB2F37B72AD649771", "header": null, "nested": [], "links": [] } ], "links": [] }, { "text": "211. Repeals; conforming amendments \n(a) Repeals \n(1) General development assistance \nThe following provisions of chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) are hereby repealed: Sections 107, 110, 120, 124, 125, 127, and 128. (2) Prototype desalting plant \nSection 219 of the Foreign Assistance Act of 1961 (22 U.S.C. 2179) is hereby repealed. (3) International disaster assistance \nThe following provisions of chapter 9 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2292 et seq.) are hereby repealed: Sections 494, 495, and 495B through 495K. (b) Conforming Amendments \n(1) Section 299(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2220d(a)) is amended by striking sections 110(b) and and inserting section. (2) Section 210 of title 35, United States Code, is amended by striking paragraph (15).", "id": "H0C6BBFB74C2B4B99B813ED00160003D1", "header": "Repeals; conforming amendments", "nested": [ { "text": "(a) Repeals \n(1) General development assistance \nThe following provisions of chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) are hereby repealed: Sections 107, 110, 120, 124, 125, 127, and 128. (2) Prototype desalting plant \nSection 219 of the Foreign Assistance Act of 1961 (22 U.S.C. 2179) is hereby repealed. (3) International disaster assistance \nThe following provisions of chapter 9 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2292 et seq.) are hereby repealed: Sections 494, 495, and 495B through 495K.", "id": "H76DBFAF473134056BA05B48987614486", "header": "Repeals", "nested": [], "links": [] }, { "text": "(b) Conforming Amendments \n(1) Section 299(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2220d(a)) is amended by striking sections 110(b) and and inserting section. (2) Section 210 of title 35, United States Code, is amended by striking paragraph (15).", "id": "H78F3F32AC1FF4EC091339C613B03F3FA", "header": "Conforming Amendments", "nested": [], "links": [] } ], "links": [] }, { "text": "212. General authorities \n(a) Amendment \nSection 635(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2395(a)) is amended to read as follows: (a) Except as otherwise specifically provided in this Act, assistance under this Act may be provided on such terms and conditions as the President may determine to countries, organizations, and areas on a grant basis or on such terms, including cash, credit, or other terms of repayment (including repayment in foreign currencies or by transfer to the United States Government of commodities) as may be deemed to be best suited to the achievement of the purposes of this Act. Assistance may be provided on a bilateral basis or through regional, multilateral, private, or other entities.. (b) Repeal \nSection 122 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151t) is hereby repealed.", "id": "H5B721FDB783F40CFB2A29DA8D4725DC9", "header": "General authorities", "nested": [ { "text": "(a) Amendment \nSection 635(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2395(a)) is amended to read as follows: (a) Except as otherwise specifically provided in this Act, assistance under this Act may be provided on such terms and conditions as the President may determine to countries, organizations, and areas on a grant basis or on such terms, including cash, credit, or other terms of repayment (including repayment in foreign currencies or by transfer to the United States Government of commodities) as may be deemed to be best suited to the achievement of the purposes of this Act. Assistance may be provided on a bilateral basis or through regional, multilateral, private, or other entities..", "id": "H72D9B30CD11F4299A930182C46477BEE", "header": "Amendment", "nested": [], "links": [] }, { "text": "(b) Repeal \nSection 122 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151t) is hereby repealed.", "id": "HF07EB170E8A545288DFD7D99D2E6224F", "header": "Repeal", "nested": [], "links": [] } ], "links": [] } ]

[ "Foreign Affairs Committee" ]

[ { "text": "1. Permanent resident status for Judith Atuh Tanjoh, Serge Mbah Tikum, Marie Noel Tikum, Emmanuel Ngwa Tikum, and Roger Fon Tikum \n(a) In general \nNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act, Judith Atuh Tanjoh, Serge Mbah Tikum, Marie Noel Tikum, Emmanuel Ngwa Tikum, and Roger Fon Tikum 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 Judith Atuh Tanjoh, Serge Mbah Tikum, Marie Noel Tikum, Emmanuel Ngwa Tikum, or Roger Fon Tikum 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 Judith Atuh Tanjoh, Serge Mbah Tikum, Marie Noel Tikum, Emmanuel Ngwa Tikum, and Roger Fon Tikum, the Secretary of State shall instruct the proper officer to reduce by 5, 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. (e) Denial of preferential immigration treatment for certain relatives \nThe natural parents, brothers, and sisters of Judith Atuh Tanjoh, Serge Mbah Tikum, Marie Noel Tikum, Emmanuel Ngwa Tikum, and Roger Fon Tikum shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.", "id": "HC727C8CD934B4BBB898450241B6B1E6E", "header": "Permanent resident status for Judith Atuh Tanjoh, Serge Mbah Tikum, Marie Noel Tikum, Emmanuel Ngwa Tikum, and Roger Fon Tikum", "nested": [ { "text": "(a) In general \nNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act, Judith Atuh Tanjoh, Serge Mbah Tikum, Marie Noel Tikum, Emmanuel Ngwa Tikum, and Roger Fon Tikum 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": "HC24942368BA8459CA1106C537251D4B", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Adjustment of status \nIf Judith Atuh Tanjoh, Serge Mbah Tikum, Marie Noel Tikum, Emmanuel Ngwa Tikum, or Roger Fon Tikum 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": "HFE3B5FA47B8B4D8BB04805F1BB6B886D", "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": "HBD0627612E8B45C9906C6EE430710597", "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 Judith Atuh Tanjoh, Serge Mbah Tikum, Marie Noel Tikum, Emmanuel Ngwa Tikum, and Roger Fon Tikum, the Secretary of State shall instruct the proper officer to reduce by 5, 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": "H1332C8F4CEE744C4B2FBCF1AA00DC06", "header": "Reduction of immigrant visa number", "nested": [], "links": [] }, { "text": "(e) Denial of preferential immigration treatment for certain relatives \nThe natural parents, brothers, and sisters of Judith Atuh Tanjoh, Serge Mbah Tikum, Marie Noel Tikum, Emmanuel Ngwa Tikum, and Roger Fon Tikum shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.", "id": "H2AE35F406F674EDFAE5208B238AB78EC", "header": "Denial of preferential immigration treatment for certain relatives", "nested": [], "links": [] } ], "links": [] } ]

[ "Judiciary Committee" ]

[ { "text": "1. Establishment of Nebraska Avenue Naval Complex, District of Columbia, as headquarters for the Department of Homeland Security \n(a) Establishment of headquarters \nUpon the transfer under section 2 of the parcel of Department of the Navy real property in the District of Columbia known as the Nebraska Avenue Complex, the Secretary of the Department of Homeland Security is authorized to establish the Nebraska Avenue Complex as the headquarters of the Department of Homeland Security for so long as the Secretary determines that the Nebraska Avenue Complex is appropriate for such purposes, or until otherwise provided by law. (b) Payment of initial relocation costs \nSubject to the availability of appropriations for this purpose, the Secretary of the Department of Homeland Security shall be responsible for the payment of— (1) all reasonable costs, including costs to move furnishings and equipment, related to the initial relocation of Department of the Navy activities from the Nebraska Avenue Complex; and (2) all reasonable costs incident to the initial occupancy by such activities of interim leased space, including rental costs for the first year. (c) Authorization of appropriations \nFor purposes of carrying out this section, there is authorized to be appropriated to the Department of Homeland Security such sums as may be necessary for fiscal years 2005 through 2007.", "id": "HF871D6AA19084B9A007DE16996003DD1", "header": "Establishment of Nebraska Avenue Naval Complex, District of Columbia, as headquarters for the Department of Homeland Security", "nested": [ { "text": "(a) Establishment of headquarters \nUpon the transfer under section 2 of the parcel of Department of the Navy real property in the District of Columbia known as the Nebraska Avenue Complex, the Secretary of the Department of Homeland Security is authorized to establish the Nebraska Avenue Complex as the headquarters of the Department of Homeland Security for so long as the Secretary determines that the Nebraska Avenue Complex is appropriate for such purposes, or until otherwise provided by law.", "id": "HAA11CF24BD384E69ABEE1284EB00BA39", "header": "Establishment of headquarters", "nested": [], "links": [] }, { "text": "(b) Payment of initial relocation costs \nSubject to the availability of appropriations for this purpose, the Secretary of the Department of Homeland Security shall be responsible for the payment of— (1) all reasonable costs, including costs to move furnishings and equipment, related to the initial relocation of Department of the Navy activities from the Nebraska Avenue Complex; and (2) all reasonable costs incident to the initial occupancy by such activities of interim leased space, including rental costs for the first year.", "id": "H2C483ADEC6F64C41BA1FE096AEB434D9", "header": "Payment of initial relocation costs", "nested": [], "links": [] }, { "text": "(c) Authorization of appropriations \nFor purposes of carrying out this section, there is authorized to be appropriated to the Department of Homeland Security such sums as may be necessary for fiscal years 2005 through 2007.", "id": "HD402B9C7F3944F609EDA5E603444E16C", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "2. Transfer of jurisdiction, Nebraska Avenue Naval Complex, District of Columbia \n(a) Transfer required \nExcept as provided in subsection (b), the Secretary of the Navy shall transfer to the administrative jurisdiction of the Administrator of General Services the parcel of Department of the Navy real property in the District of Columbia known as the Nebraska Avenue Complex for the purpose of permitting the Administrator to use the Complex to accommodate the Department of Homeland Security. The Complex shall be transferred in its existing condition. (b) Authority to retain military family housing \nAt the option of the Secretary of the Navy, the Secretary may retain administrative jurisdiction over that portion of the Complex that, as of the date of the enactment of this Act, is being used to provide Navy family housing. (c) Time for transfer \nNot later than January 1, 2005, the Secretary of the Navy shall complete the transfer of administrative jurisdiction over the portion of the Complex required to be transferred under subsection (a). (d) Relocation of navy activities \nAs part of the transfer of the Complex under subsection (a), the Secretary of the Navy shall relocate Department of the Navy activities at the Complex to other locations. (e) Payment of long-term relocation costs \n(1) Sense of congress regarding payment \nIt is the sense of the Congress that the Secretary of the Navy should receive, from Federal agencies other than the Department of Defense, funds authorized and appropriated for the purpose of covering all reasonable costs, not paid under section 1(b), that are incurred or will be incurred by the Secretary to permanently relocate Department of the Navy activities from the Complex under subsection (d). (2) Submission of cost estimates \nAs soon as practicable after the date of the enactment of this Act , the Secretary of the Navy shall submit to the Director of the Office of Management and Budget and the Congress an initial estimate of the amounts that will be necessary to cover the costs to permanently relocate Department of the Navy activities from the portion of the Complex to be transferred under subsection (a). The Secretary shall include in the estimate anticipated land acquisition and construction costs. The Secretary shall revise the estimate as necessary whenever information regarding the actual costs for the relocation is obtained. (f) Treatment of funds \n(1) Funds received by the Secretary of the Navy, from sources outside the Department of Defense, to relocate Department of the Navy activities from the Complex shall be used to pay the costs incurred by the Secretary to permanently relocate Department of the Navy activities from the Complex. A military construction project carried out using such funds is deemed to be an authorized military construction project for purposes of section 2802 of title 10, United States Code. Section 2822 of such title shall continue to apply to any military family housing unit proposed to be constructed or acquired using such funds. (2) When a decision is made to carry out a military construction project using such funds, the Secretary of the Navy shall notify Congress in writing of that decision, including the justification for the project and the current estimate of the cost of the project. The project may then be carried out only after the end of the 21-day period beginning on the date the notification is received by Congress or, if earlier, the end of the 14-day period beginning on the date on which a copy of the notification is provided in an electronic medium pursuant to section 480 of title 10, United States Code. (g) Effect of failure to receive sufficient funds for relocation costs \n(1) Congressional notification \nAt the end of the three-year period beginning on the date of the transfer of the Complex under subsection (a), the Secretary of the Navy shall submit to Congress a report— (A) specifying the total amount needed to cover both the initial and permanent costs of relocating Department of the Navy activities from the portion of the Complex transferred under subsection (a); (B) specifying the total amount of the initial relocation costs paid by the Secretary of the Department of Homeland Security under section 1(b); and (C) specifying the total amount of appropriated funds received by the Secretary of the Navy, from sources outside the Department of Defense, to cover the permanent relocation costs. (2) Role of omb \nThe Secretary of the Navy shall obtain the assistance and concurrence of the Director of the Office of Management and Budget in determining the total amount needed to cover both the initial and permanent costs of relocating Department of the Navy activities from the portion of the Complex transferred under subsection (a), as required by paragraph (1)(A). (3) Certification regarding relocation costs \nNot later than 30 days after the date on which the report under paragraph (1) is required to be submitted to Congress, the President shall certify to Congress whether the amounts specified in the report pursuant to subparagraphs (B) and (C) of such paragraph are sufficient to cover both the initial and permanent costs of relocating Department of the Navy activities from the portion of the Complex transferred under subsection (a). The President shall make this certification only after consultation with the Chairmen and ranking minority members of the Committee on Armed Services and the Committee on Appropriations of the House of Representatives and the Chairmen and ranking minority members of the Committee on Armed Services and the Committee on Appropriations of the Senate. (4) Restoration of complex to navy \nIf the President certifies under paragraph (3) that amounts referred to in subparagraphs (B) and (C) of paragraph (1) are insufficient to cover Navy relocation costs, the Administrator of General Services, at the request of the Secretary of the Navy, shall restore the Complex to the administrative jurisdiction of the Secretary of the Navy. (5) Navy sale of complex \nIf administrative jurisdiction over the Complex is restored to the Secretary of the Navy, the Secretary shall convey the Complex by competitive sale. Amounts received by the United States as consideration from any sale under this paragraph shall be deposited in the special account in the Treasury established pursuant to section 572(b) of title 40, United States Code.", "id": "H5C54247E89024941AD0018663998A567", "header": "Transfer of jurisdiction, Nebraska Avenue Naval Complex, District of Columbia", "nested": [ { "text": "(a) Transfer required \nExcept as provided in subsection (b), the Secretary of the Navy shall transfer to the administrative jurisdiction of the Administrator of General Services the parcel of Department of the Navy real property in the District of Columbia known as the Nebraska Avenue Complex for the purpose of permitting the Administrator to use the Complex to accommodate the Department of Homeland Security. The Complex shall be transferred in its existing condition.", "id": "HC6964AA9D04E48E8A232A2039777BE2", "header": "Transfer required", "nested": [], "links": [] }, { "text": "(b) Authority to retain military family housing \nAt the option of the Secretary of the Navy, the Secretary may retain administrative jurisdiction over that portion of the Complex that, as of the date of the enactment of this Act, is being used to provide Navy family housing.", "id": "H68B39F45A6044D7DB030DA77953DA33", "header": "Authority to retain military family housing", "nested": [], "links": [] }, { "text": "(c) Time for transfer \nNot later than January 1, 2005, the Secretary of the Navy shall complete the transfer of administrative jurisdiction over the portion of the Complex required to be transferred under subsection (a).", "id": "H0E83EA8C1AA24F34A9EC541C81DC4E4E", "header": "Time for transfer", "nested": [], "links": [] }, { "text": "(d) Relocation of navy activities \nAs part of the transfer of the Complex under subsection (a), the Secretary of the Navy shall relocate Department of the Navy activities at the Complex to other locations.", "id": "HCB95F9608E724790BE148088FBAEF8BC", "header": "Relocation of navy activities", "nested": [], "links": [] }, { "text": "(e) Payment of long-term relocation costs \n(1) Sense of congress regarding payment \nIt is the sense of the Congress that the Secretary of the Navy should receive, from Federal agencies other than the Department of Defense, funds authorized and appropriated for the purpose of covering all reasonable costs, not paid under section 1(b), that are incurred or will be incurred by the Secretary to permanently relocate Department of the Navy activities from the Complex under subsection (d). (2) Submission of cost estimates \nAs soon as practicable after the date of the enactment of this Act , the Secretary of the Navy shall submit to the Director of the Office of Management and Budget and the Congress an initial estimate of the amounts that will be necessary to cover the costs to permanently relocate Department of the Navy activities from the portion of the Complex to be transferred under subsection (a). The Secretary shall include in the estimate anticipated land acquisition and construction costs. The Secretary shall revise the estimate as necessary whenever information regarding the actual costs for the relocation is obtained.", "id": "H5F4C88BC81A040EC9EDBC6F82178823E", "header": "Payment of long-term relocation costs", "nested": [], "links": [] }, { "text": "(f) Treatment of funds \n(1) Funds received by the Secretary of the Navy, from sources outside the Department of Defense, to relocate Department of the Navy activities from the Complex shall be used to pay the costs incurred by the Secretary to permanently relocate Department of the Navy activities from the Complex. A military construction project carried out using such funds is deemed to be an authorized military construction project for purposes of section 2802 of title 10, United States Code. Section 2822 of such title shall continue to apply to any military family housing unit proposed to be constructed or acquired using such funds. (2) When a decision is made to carry out a military construction project using such funds, the Secretary of the Navy shall notify Congress in writing of that decision, including the justification for the project and the current estimate of the cost of the project. The project may then be carried out only after the end of the 21-day period beginning on the date the notification is received by Congress or, if earlier, the end of the 14-day period beginning on the date on which a copy of the notification is provided in an electronic medium pursuant to section 480 of title 10, United States Code.", "id": "H590FFF9BEC3748DDADB6C9C7B1820664", "header": "Treatment of funds", "nested": [], "links": [ { "text": "section 2802", "legal-doc": "usc", "parsable-cite": "usc/10/2802" }, { "text": "section 480", "legal-doc": "usc", "parsable-cite": "usc/10/480" } ] }, { "text": "(g) Effect of failure to receive sufficient funds for relocation costs \n(1) Congressional notification \nAt the end of the three-year period beginning on the date of the transfer of the Complex under subsection (a), the Secretary of the Navy shall submit to Congress a report— (A) specifying the total amount needed to cover both the initial and permanent costs of relocating Department of the Navy activities from the portion of the Complex transferred under subsection (a); (B) specifying the total amount of the initial relocation costs paid by the Secretary of the Department of Homeland Security under section 1(b); and (C) specifying the total amount of appropriated funds received by the Secretary of the Navy, from sources outside the Department of Defense, to cover the permanent relocation costs. (2) Role of omb \nThe Secretary of the Navy shall obtain the assistance and concurrence of the Director of the Office of Management and Budget in determining the total amount needed to cover both the initial and permanent costs of relocating Department of the Navy activities from the portion of the Complex transferred under subsection (a), as required by paragraph (1)(A). (3) Certification regarding relocation costs \nNot later than 30 days after the date on which the report under paragraph (1) is required to be submitted to Congress, the President shall certify to Congress whether the amounts specified in the report pursuant to subparagraphs (B) and (C) of such paragraph are sufficient to cover both the initial and permanent costs of relocating Department of the Navy activities from the portion of the Complex transferred under subsection (a). The President shall make this certification only after consultation with the Chairmen and ranking minority members of the Committee on Armed Services and the Committee on Appropriations of the House of Representatives and the Chairmen and ranking minority members of the Committee on Armed Services and the Committee on Appropriations of the Senate. (4) Restoration of complex to navy \nIf the President certifies under paragraph (3) that amounts referred to in subparagraphs (B) and (C) of paragraph (1) are insufficient to cover Navy relocation costs, the Administrator of General Services, at the request of the Secretary of the Navy, shall restore the Complex to the administrative jurisdiction of the Secretary of the Navy. (5) Navy sale of complex \nIf administrative jurisdiction over the Complex is restored to the Secretary of the Navy, the Secretary shall convey the Complex by competitive sale. Amounts received by the United States as consideration from any sale under this paragraph shall be deposited in the special account in the Treasury established pursuant to section 572(b) of title 40, United States Code.", "id": "H208CD7C061E946D60056EBD5F6805249", "header": "Effect of failure to receive sufficient funds for relocation costs", "nested": [], "links": [ { "text": "section 572(b)", "legal-doc": "usc", "parsable-cite": "usc/40/572" } ] } ], "links": [ { "text": "section 2802", "legal-doc": "usc", "parsable-cite": "usc/10/2802" }, { "text": "section 480", "legal-doc": "usc", "parsable-cite": "usc/10/480" }, { "text": "section 572(b)", "legal-doc": "usc", "parsable-cite": "usc/40/572" } ] } ]

[ "Armed Services Committee" ]

[ { "text": "1. Short title and table of contents \n(a) Short title \nThis Act may be cited as the. (b) Table of contents \nThe table of contents is as follows: Sec. 1. Short title and table of contents Sec. 2. Individual security accounts Sec. 3. Minimum social security benefit Sec. 4. Reduction in the amount of certain transfers to medicare trust fund Sec. 5. Revised formula for average indexed monthly earnings Sec. 6. Actuarial adjustment for retirement Sec. 7. CPI overstatement Sec. 8. Adjustments to bend points in determining primary insurance amounts Sec. 9. Adjustment to benefit formula factors Sec. 10. Modification to PIA formula to reflect changes to life expectancy Sec. 11. Treatment of disabled beneficiaries Sec. 12. Maintenance of benefit and contribution base Sec. 13. Acceleration of increase in social security eligibility age Sec. 14. Mechanism for remedying unforeseen deterioration in social security solvency Sec. 15. Increase in widow’s and widower’s insurance benefits Sec. 16. Limitation on benefits of married couple to level of maximum worker benefits", "id": "HBD8026FABBDE42279DE49DF5F44E4DEC", "header": "Short title and table of contents", "nested": [ { "text": "(a) Short title \nThis Act may be cited as the.", "id": "HFB66A4CA808545FD89F603C3ACDD2321", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Table of contents \nThe table of contents is as follows: Sec. 1. Short title and table of contents Sec. 2. Individual security accounts Sec. 3. Minimum social security benefit Sec. 4. Reduction in the amount of certain transfers to medicare trust fund Sec. 5. Revised formula for average indexed monthly earnings Sec. 6. Actuarial adjustment for retirement Sec. 7. CPI overstatement Sec. 8. Adjustments to bend points in determining primary insurance amounts Sec. 9. Adjustment to benefit formula factors Sec. 10. Modification to PIA formula to reflect changes to life expectancy Sec. 11. Treatment of disabled beneficiaries Sec. 12. Maintenance of benefit and contribution base Sec. 13. Acceleration of increase in social security eligibility age Sec. 14. Mechanism for remedying unforeseen deterioration in social security solvency Sec. 15. Increase in widow’s and widower’s insurance benefits Sec. 16. Limitation on benefits of married couple to level of maximum worker benefits", "id": "H4A7318ED00404758A98EFF450A376EA", "header": "Table of contents", "nested": [], "links": [] } ], "links": [] }, { "text": "2. Individual security accounts \n(a) Establishment and Maintenance of Individual Security Accounts \n(1) In general \nTitle II of the Social Security Act ( 42 U.S.C. 401 et seq. ) is amended— (A) by inserting before section 201 the following: A Insurance benefits \n; and (B) by adding at the end the following: B Individual security system \n1 Individual security accounts \n251. Federally-administered individual security account \n(a) Establishment \n(1) In general \nWithin 30 days after receiving the first contribution under subsection (b) with respect to an eligible individual, the Commissioner of Social Security shall establish an individual security account for such individual in the Individual Security Fund. Each account shall be identified to its account holder by means of the account holder’s social security account number. (2) Eligible individual \nFor purposes of this part, the term eligible individual means any individual born after December 31, 1949. (b) Contributions \n(1) In general \nThe Secretary of the Treasury shall transfer from the Federal Old-Age and Survivors Insurance Trust Fund, for crediting by the Commissioner of Social Security to the individual security account of an eligible individual, an amount equal to the sum of any amount received by such Secretary on behalf of such individual under section 3101(a)(2) or 1401(a)(2) of the Internal Revenue Code of 1986. (2) Other contributions \nFor provisions relating to additional contributions credited to individual security accounts, see sections 54(d) and 6402(l) of the Internal Revenue Code of 1986. (c) Crediting Requirements \nExcept as otherwise provided in section 252, contributions under subsection (b) on behalf of an eligible individual shall be credited— (1) to the individual security account established for such individual under subsection (a); and (2) in accordance with the allocation in effect with respect to such individual under subsection (d). (d) Allocation and Other Designations \n(1) In general \nThe Commissioner of Social Security shall prescribe regulations in accordance with which any eligible individual who is employed or self-employed may designate— (A) in the event that 2 or more investment options are available in the Individual Security Fund— (i) the option or options to which such individual wishes to have such individual's contributions under subsection (b) credited; and (ii) if such individual designates more than 1 option under clause (i), how such individual wishes for those contributions to be allocated; and (B) the amount of wages or self-employment income such individual wishes to designate for purposes of section 3101(a)(2)(C) or 1401(a)(2)(C) of the Internal Revenue Code of 1986 (as applicable), if any. (2) Default allocation \nIn the absence of a required designation under paragraph (1)(A), contributions on behalf of the individual involved shall be allocated in such manner as the Commissioner of Social Security shall prescribe, taking into account the competing objectives of maximizing returns on investments and minimizing the risk involved with such investments. (3) Form of designation \nAny designation under paragraph (1) shall be made in such manner and at such intervals as the Commissioner of Social Security may prescribe in order to ensure ease of administration and to avoid creating an undue burden on employers. (4) Special rule for 2006 \nNot later than January 1, 2006, any eligible individual who is employed or self-employed as of such date shall execute all designations required under paragraph (1). (e) Periodic Statements to Account Holder \n(1) In general \nThe Individual Security Fund Board shall prescribe regulations under which each individual for whom an individual security account is maintained under this section shall be furnished with— (A) a periodic statement relating to the individual's account, including, for any reporting period as of the end of which the individual's account balance is at least equal to the minimum balance amount (within the meaning of section 252), clear and conspicuous notice to that effect; (B) a summary description of any investment options or other choices which may be available to such individual under this section or under section 252 (as applicable); and (C) any forms and information necessary to make a designation under subsection (d) or section 252 (as applicable). (2) Informed decisionmaking \nAll information, materials, and other matter furnished under this subsection shall be furnished to the account holder at such times and in such manner as the Board considers appropriate in order to permit informed decisionmaking. 252. Privately-administered individual security account \n(a) Definitions \nFor purposes of this part— (1) Minimum deposit amount \n(A) In general \nThe term minimum deposit amount means an amount equal to $7,500, as adjusted under subparagraph (B). (B) Adjustment \nThe Secretary of the Treasury shall adjust annually (effective for periods beginning after December 2003) the dollar amount set forth in subparagraph (A) under procedures providing for adjustments in the same manner and to the same extent as adjustments are provided for under the procedures used to adjust benefit amounts under section 215(i)(2)(A), except that any amount so adjusted that is not a multiple of $10 shall be rounded to the nearest multiple of $10. (2) Federally-administered individual security account \nThe term Federally-administered individual security account means an individual security account maintained, in accordance with applicable provisions of this part, in the Individual Security Fund. (3) Privately-administered individual security account \nThe term privately-administered individual security account means an individual security account maintained, in accordance with applicable provisions of this part, by a certified institution. (4) Certified institution \nThe term certified institution refers to an investment firm, credit union, insurance company, or other certified institution under subpart 3. (b) Option To Designate a Privately-Administered Individual Security Account \n(1) In general \nUnder regulations prescribed by the Individual Security Fund Board, whenever the balance in an individual's Federally-administered individual security account is at least equal to the minimum deposit amount, such individual shall be eligible to designate a privately-administered individual security account (established and maintained on such individual's behalf) to serve as such individual's individual security account under this part, in lieu of such individual's Federally-administered individual security account. (2) Effect of designation \nIf an individual makes a designation under paragraph (1)— (A) the entire balance in the individual's Federally-administered individual security account shall be promptly transferred to the privately-administered individual security account specified by such individual in such designation; and (B) that privately-administered individual security account shall, for all purposes, be treated as the electing individual's individual security account, subject to paragraph (4). (3) Regulatory management of private investment \nA designation under this subsection shall not be effective unless it is made in such time, form, and manner as the Individual Security Fund Board prescribes. The Individual Security Fund Board shall— (A) maintain individual account records, and (B) combine account transactions with certified institutions maintaining privately-administered individual security accounts in aggregate amounts, in the same manner as is applicable with respect to records and account transactions with respect to Federally administered individual security accounts. (4) Subsequent designations \nThe Individual Security Fund Board shall provide by regulation opportunity for subsequent designation, from time to time, of another individual security account in lieu of the account previously designated under this section, subject to the following: (A) Options available \nThe account designated under this paragraph may be either within— (i) another certified institution, subject to subparagraph (B); or (ii) the Individual Security Fund. (B) Minimum balance \nIn order to make a designation referred to in subparagraph (A)(i), the balance in the individual's individual security account must be at least equal to the minimum deposit amount. No minimum balance requirement under this subparagraph shall apply in the case of a designation referred to in subparagraph (A)(ii). (C) Only 1 account permitted at any time \nAn individual may not, at any time, concurrently maintain— (i) a privately-administered individual security account with each of 2 or more certified institutions; or (ii) a privately-administered and a Federally-administered individual security account. (D) Effect \nA designation under this paragraph has (with respect to the individual's respective accounts, before and after such designation) the same effect as results following a designation under paragraph (2) (with respect to the Federally-administered and privately-administered accounts involved). 253. Distributions from individual security accounts \n(a) Date of Earliest Distribution \nExcept as provided in subsection (c), distributions may not be made from the Federally-administered or privately-administered individual security account of an eligible individual (as the case may be) before the earlier of— (1) the date the eligible individual attains normal retirement age, as determined under section 216 (or early retirement age, as so determined, if elected by such individual), or (2) the date on which funds in the eligible individual's account are sufficient to provide a monthly payment over the life expectancy of the eligible individual (determined under reasonable actuarial assumptions) which, when added to the eligible individual's monthly benefit under part A (if any), is at least equal to an amount equal to 1/12 of 185 percent of the poverty line (as defined in section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) and determined on such date for a family of the size involved) and adjusted annually thereafter by the adjustment determined under section 215(i). (b) Forms of Distribution \n(1) Required monthly payments \nExcept as provided in paragraph (2), beginning as of the date distributions begin to be made in accordance with subsection (a), the balance in the individual security account available to provide monthly payments not in excess of the amount described in subsection (a)(2) shall be paid, as elected by the account holder (in such form and manner as shall be prescribed in regulations of the Individual Security Fund Board or the Securities and Exchange Commission, as applicable), by means of the purchase of annuities or equal monthly payments over the life expectancy of the eligible individual (determined under reasonable actuarial assumptions) in accordance with requirements (which shall be provided in regulations of the Board or Commission, as applicable) similar to the requirements applicable to payments of benefits under subchapter III of chapter 84 of title 5, United States Code. (2) Payment of excess funds \nTo the extent funds remain in an eligible individual's Federally-administered or privately-administered individual security account (as the case may be) after the application of paragraph (1) and to the extent not inconsistent with the provisions of subchapter III of chapter 84 of title 5, United States Code, such funds shall be payable to the eligible individual in such manner and in such amounts as determined by the eligible individual. (c) Distribution in the event of death before the date of initial distribution \nIf the eligible individual dies before the date determined under subsection (a), the balance in such individual's individual security account shall be distributed to the individual's heirs under rules established by the Individual Security Fund Board or the Securities and Exchange Commission, as applicable. 2 Individual security fund; individual security fund board \n261. Individual security fund \nThere shall be established and maintained in the Treasury of the United States an Individual Security Fund in the same manner as the Thrift Savings Fund under sections 8437 (excluding paragraphs (4) and (5) of subsection (c) thereof), 8438, and 8439 of title 5, United States Code. 262. Individual security fund board \n(a) Establishment \nThere shall be established and maintained in the Social Security Administration an Individual Security Fund Board in the same manner as the Federal Retirement Thrift Investment Board under subchapter VII of chapter 84 of title 5, United States Code. (b) Specific investment and reporting duties \nThe Individual Security Fund Board shall manage and report on the activities of the Individual Security Fund and on Federally-administered individual security accounts in the same manner as the Federal Retirement Thrift Investment Board manages and reports on the Thrift Savings Fund and the individual accounts of such Fund under subchapter VII of chapter 84 of title 5, United States Code. (c) Budgetary treatment of individual security fund and accounts \nThe receipts and disbursements of the Individual Security Fund and any accounts within such Fund shall not be included in the totals of the budget of the United States Government as submitted by the President or of the congressional budget and shall be exempt from any general budget limitation imposed by statute on expenditures and net lending (budget outlays) of the United States Government. (d) Commissioner of social security as executive director \nThe Commissioner of Social Security shall have, with respect to the Individual Security Fund and accounts within such Fund, the same duties and responsibilities as does the Executive Director (appointed under section 8474(a) of title 5, United States Code) with respect to the Thrift Savings Fund and accounts within such Fund. 3 Certified institutions \n271. Certification of institutions by securities and exchange commission \n(a) In general \nFor purposes of this part, any institution that is engaged, in a fiduciary capacity, in the business of maintaining accounts for individuals for purposes of investment may apply to the Securities and Exchange Commission (in such form and manner as the Commission shall by regulation require) for certification under this subpart. (b) Review requirements \nIn reviewing any application for certification under this subpart and determining whether to approve the application for certification, the Commission shall consider the following factors: (1) The financial history and condition of the institution. (2) The adequacy of the institution's capital structure. (3) The future earnings prospects of the institution. (4) The general character and fitness of the management of the institution. (5) The convenience and needs of individuals who are account holders with respect to personal retirement accounts for which the institution is to serve as trustee. (6) Whether the institution's corporate powers are consistent with the purposes of this part. (7) The institution's disclosure policies, including with respect to its administrative fees, investment policies, and investment activities. (8) The appropriateness of— (A) the fund or funds that such institution proposes to offer for purposes of this part, and (B) the criteria by which such institution will make future decisions regarding the selection of new funds or the making of any other modifications in the investment options offered by such institution for purposes of this part, as determined based on guidelines established by the Commission for purposes of this paragraph. (c) Notice of denial of application for certification \nIf the Commission votes to deny any application for certification by any institution, the Commission shall promptly notify the institution of the denial of such application, giving specific reasons in writing for the Commission's determination with reference to the factors described in subsection (b). (d) Nondelegation requirement \nThe authority of the Commission to make any determination to deny any application under this section may not be delegated by the Commission. 272. Revocation of certification \n(a) In general \nThe Securities and Exchange Commission shall prescribe regulations in accordance with which the certified status of an institution may be voluntarily or involuntarily revoked. (b) Judicial review \nAny party to any involuntary revocation proceeding under this section to which an institution is a party may obtain a review of any order served pursuant to this section by the filing in the court of appeals of the United States for the circuit in which the home office of the institution is located, or in the United States Court of Appeals for the District of Columbia Circuit, within 30 days after the date of service of such order, a written petition praying that the order of the Commission be modified, terminated, or set aside. A copy of such petition shall be forthwith transmitted by the clerk of the court to the Commission, and thereupon the Commission shall file in the court the record in the proceeding, as provided in section 2112 of title 28, United States Code. Upon the filing of such petition, such court shall have jurisdiction, which upon the filing of the record shall be exclusive, to affirm, modify, terminate, or set aside, in whole or in part, the order of the Commission. Review of such proceedings shall be had as provided in chapter 7 of title 5, United States Code. The judgment and decree of the court shall be final, except that the judgment and decree shall be subject to review by the Supreme Court upon certiorari, as provided in section 1254 of title 28, United States Code. The commencement of proceedings for judicial review under this subsection shall not, unless specifically ordered by the court, operate as a stay of any order issued by the Commission. 273. Fiduciary duties \n(a) In general \nIn the case of a privately-administered individual security account which does not form part of an individual account plan covered under part 4 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, rules similar to the rules of such part 4 applicable to individual account plans covered under such part 4 shall apply with respect to a privately-administered individual security account and the terms of any arrangement under which such account is maintained. (b) General requirements \nIn applying under subsection (a) the rules of part 4 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 in the case of a privately-administered individual security account, references in such part to the Secretary of Labor shall be deemed to be references to the Securities and Exchange Commission, references in such part to a participants or beneficiary in connection with an individual account plan covered under such part shall be deemed to be references to the account holder with respect to the privately-administered individual security account, and references in such part to the plan administrator or plan sponsor in connection with an individual account plan covered under such part shall be deemed to be references to the trustee of the privately-administered individual security account. (c) Limitation on liability \nAny account holder who issues an instruction to the trustee of the account directing an investment of funds held in the account shall sign an acknowledgement prescribed by the Securities and Exchange Commission which states that the account holder understands that an investment of any amount in the account is made at the account holder's risk, that the account holder is not protected by the Government or by the trustee against any loss on such investment, and that a return on such investment is not guaranteed by the Government or by the trustee. Notwithstanding the preceding provisions of this section and any other provision of Federal or State law, the trustee of a privately-administered individual security account shall not be liable for losses suffered in connection with any investment of assets held in the account unless it is shown by clear and convincing evidence that the trustee did not act in the manner in which a reasonable trustee would act under the circumstances then prevailing in evaluating the risk and reward properties of the investment option involved. 4 Enforcement \n281. Cause of action \nThe account holder with respect to a privately-administered individual security account who is adversely affected by an act or practice of any party (other than the Securities and Exchange Commission, the Social Security Administration, the Department of the Treasury, or any officer or employee of any of the foregoing) in violation of any provision of this part, may bring an action— (1) to enjoin such act or practice, or (2) to obtain other appropriate equitable relief (A) to redress such violation or (B) to enforce such provision. 282. Jurisdiction and venue \nCivil actions under this subpart may be brought in the district courts of the United States in the district where the privately-administered individual security account is administered, where the violation took place, or where a defendant resides or may be found, and process may be served in any district where a defendant resides or may be found. The district courts of the United State shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to grant the relief provided for in section 281 in any action. 283. Right of securities and exchange commission to intervene \nA copy of the complaint or notice of appeal in any action under this subpart shall be served upon the Securities and Exchange Commission by certified mail. The Commission shall each have the right to intervene in any action. 284. Awards of costs and expenses \nIn any action brought under this subpart, the court in its discretion may award all or a portion of the costs and expenses incurred in connection with such action, including reasonable attorney's fees, to any party who prevails or substantially prevails in such action. 285. Limitation on actions \n(a) In General \nExcept as provided in subsection (c), an action under this subpart may not be brought after the later of— (1) 6 years after the date on which the cause of action arose, or (2) 3 years after the applicable date specified in subsection (b). (b) Applicable date \nThe applicable date specified in this subsection is the earliest date on which the plaintiff acquired or should have acquired actual knowledge of the existence of such cause of action. (c) Cases of fraud or concealment \nIn the case of fraud or concealment, the period described in subsection (a)(2) shall be extended to 6 years after the applicable date specified in subsection (b). 286. Penalty for failure to timely provide required information \nThe Securities and Exchange Commission may assess a penalty, payable to it, against any person who fails to provide any notice or other material information required under this part or any regulations prescribed under this part within the applicable time limit specified therein. Such penalty shall not exceed $1,000 for each day for which such failure continues. 287. Actions by securities and exchange commission \nIf any person is assessed under this subpart and fails to pay the assessment when due, or any person otherwise fails to meet any requirement of this part, the Securities and Exchange Commission may bring a civil action in any district court of the United States within the jurisdiction of which such person's assets are located or in which such person resides or is found for the recovery of the amount of the assessment or for appropriate equitable relief to redress the violation or enforce the provisions of this part, and process may be served in any other district. The district courts of the United States shall have jurisdiction over actions brought under this section by the Commission without regard to the amount in controversy. 288. Criminal penalty for fraud or intentional misrepresentation in connection with investment options \nAny person who makes, or causes to be made, a statement or representation of a material fact for use in selecting an investment option that the person knows or should know is false or misleading or knows or should know omits a material fact or makes such a statement with knowing disregard for the truth shall upon conviction be fined not more than $500,000 or imprisoned for not more than 5 years, or both.. (b) Modification of FICA Rates \n(1) Employees \nSection 3101(a) of the Internal Revenue Code of 1986 (relating to tax on employees) is amended to read as follows: (a) Old-Age, Survivors, and Disability Insurance \n(1) In general \n(A) Individuals covered under part a of title ii of the social security act \nIn addition to other taxes, there is hereby imposed on the income of every individual who is not a part B eligible individual a tax equal to 6.2 percent of the wages received by him with respect to employment. (B) Individuals covered under part B of title II of the social security act \n(i) In general \nIn addition to other taxes, there is hereby imposed on the income of every part B eligible individual a tax equal to the applicable percentage of the wages received by such individual with respect to employment. (ii) Applicable percentage \nFor purposes of clause (i), the term applicable percentage means the excess of 6.2 percent, over (I) 3 percent, in the case of the first $10,000 of such wages received in the calendar year, and (II) 2 percent, in the case of any additional such wages received in the calendar year. (2) Contribution of oasdi tax reduction to individual security accounts \nIn addition to other taxes, there is hereby imposed on the income of every part B eligible individual for the calendar year an individual security account contribution equal to the sum of— (A) 3 percent of so much of the wages as does not exceed the first $10,000 received in such calendar year by such individual with respect to employment, (B) 2 percent of the excess of— (i) such wages, over (ii) the wages taken into account under subparagraph (A), plus (C) so much of such wages (not to exceed $5,000) as designated by the individual in the same manner as described in section 251(c) of the Social Security Act. (3) Inflation adjustments \n(A) In general \nIn the case of any calendar year beginning after 2006, the $10,000 amount in paragraphs (1) and (2) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the wage increase percentage (if any) for such year. (B) Designated contributions \nIn the case of any calendar year beginning after 2008, the $5,000 amount in paragraph (2)(C) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the percentage increase (if any) for such year determined under section 215(i) of the Social Security Act. (C) Rounding \nIf any dollar amount after being increased under subparagraph (A) or (B) is not a multiple of $10, such dollar amount shall be rounded to the nearest multiple of $10. (4) Definitions \nFor purposes of this subsection— (A) Wages \nThe term wages shall have the meaning given to such term by section 3121(a). (B) Employment \nThe term employment shall have the meaning given to such term by section 3121(b). (C) Wage increase percentage \nThe term wage increase percentage , with respect to a calendar year, means the percentage increase which would become effective under section 215(i)(2) of the Social Security Act in such year if such increase were determined as described in section 215(i)(5)(A)(i) of such Act.. (2) Self-employed \nSection 1401(a) of the Internal Revenue Code of 1986 (relating to tax on self-employment income) is amended to read as follows: (a) Old-age, survivors, and disability insurance \n(1) In general \n(A) Individuals covered under part a of the social security act \nIn addition to other taxes, there shall be imposed for each taxable year, on the self-employment income of every individual who is not a part B eligible individual for the calendar year ending with or during such taxable year, a tax equal to 12.40 percent of the amount of the self-employment income for such taxable year. (B) Individuals covered under part B of title ii of the Social Security Act \n(i) In general \nIn addition to other taxes, there is hereby imposed for each taxable year, on the self-employment income of every part B eligible individual, a tax equal to the applicable percentage of the amount of the self-employment income for such taxable year. (ii) Applicable percentage \nFor purposes of clause (i), the term applicable percentage means the excess of 12.4 percent, over (I) 3 percent, in the case of the first $10,000 of self-employment income received in the calendar year, and (II) 2 percent, in the case of any additional self-employment income received in the calendar year. (2) Contribution of oasdi tax reduction to individual security accounts \nIn addition to other taxes, there is hereby imposed for each taxable year, on the self-employment income of every part B eligible individual for the calendar year, an individual security account contribution equal to the sum of— (A) 3 percent of self-employment income as does not exceed the first $10,000 of such income derived during the taxable year by such individual, (B) 2 percent of self-employment income in the case of any additional self-employment income derived by such individual during the taxable year, and (C) so much of such self-employment income (not to exceed $5,000) as designated by the individual in the same manner as described in section 251(c) of the Social Security Act. (3) Inflation adjustments \n(A) In general \nIn the case of any calendar year beginning after 2006, the $10,000 amount in paragraphs (1) and (2) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the wage increase percentage (if any) for such year, (B) Designated contributions \nIn the case of any calendar year beginning after 2008, the $5,000 amount in paragraph (2)(C) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the percentage increase (if any) for such year determined under section 215(i) of the Social Security Act. (C) Rounding \nIf any dollar amount after being increased under subparagraph (A) or (B) is not a multiple of $10, such dollar amount shall be rounded to the nearest multiple of $10. (4) Definition \nFor purposes of this subsection, the term wage increase percentage , with respect to a calendar year, means the percentage increase which would become effective under section 215(i)(2) of the Social Security Act in such year if such increase were determined as described in section 215(i)(5)(A)(i) of such Act.. (3) Part B eligible individual \n(A) Taxes on employees \nSection 3121 of such Code (relating to definitions) is amended by inserting after subsection (s) the following new subsection: (t) Part B eligible individual \nFor purposes of this chapter, the term part B eligible individual means, for any calendar year, an individual who is an eligible individual (as defined in section 251(a)(2) of the Social Security Act) for such calendar year.. (B) Self-employment tax \nSection 1402 of such Code (relating to definitions) is amended by adding at the end the following new subsection: (k) Part B eligible individual \nThe term part B eligible individual means, for any calendar year, an individual who is an eligible individual (as defined in section 251(a)(2) of the Social Security Act) for such calendar year.. (4) Effective dates \n(A) Employees \nThe amendments made by paragraphs (1) and (3)(A) apply to remuneration paid after December 31, 2005. (B) Self-employed individuals \nThe amendments made by paragraphs (2) and (3)(B) apply to taxable years beginning after December 31, 2005. (c) Matching contributions \n(1) In general \nPart IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to credits against tax) is amended by adding at the end the following new subpart: H Individual security account credits \nSec. 54. Individual security account credit 54. Individual security account credit \n(a) Allowance of credit \nEach part B eligible individual is entitled to a credit for the taxable year in an amount equal to the sum of— (1) $150, (2) 50 percent of the designated wages of such individual for the taxable year, (3) 50 percent of the designated self-employment income of such individual for the taxable year, and (4) 50 percent of the designated earned income credit. (b) Limitations \n(1) Amount \nThe amount determined under paragraphs (2) and (3) of subsection (a) with respect to such individual for any taxable year may not exceed the excess (if any) of— (A) $600, over (B) the sum of the amounts received by the Secretary on behalf of such individual under subparagraphs (A) and (B) of section 3101(a)(2) and subparagraphs (A) and (B) of 1401(a)(2) for the taxable year. (2) Failure to make voluntary contributions \nIn the case of a part B eligible individual with respect to whom the amount of wages designated under section 3101(a)(2)(C) plus the amount self-employment income designated under section 1401(a)(2)(C) for the taxable year is zero, the credit to which such individual is entitled under this section shall be equal to zero. (c) Definitions \nFor purposes of this section— (1) Part B eligible individual \nThe term part B eligible individual means, for any calendar year, an individual who is an eligible individual (as defined in section 251(a)(2) of the Social Security Act) for such calendar year. (2) Designated wages \nThe term designated wages means with respect to any taxable year the amount designated under section 3101(a)(2)(C). (3) Designated self-employment income \nThe term designated self-employment income means with respect to any taxable year the amount designated under section 1401(a)(2)(C) for such taxable year. (4) Designated earned income credit \nThe term designated earned income credit means the amount of the credit allowed under section 32 for the taxable year that is designated by the part B eligible individual in the same manner as described in section 251(c) of the Social Security Act. (d) Credit Used Only for Individual Security Account \nFor purposes of this title, the credit allowed under this section with respect to any part B eligible individual— (1) shall not be treated as a credit allowed under this part, but (2) shall be treated as an overpayment of tax under section 6401(b)(3) which may, in accordance with section 6402(l), only be transferred to an individual security account established under part B of title II of the Social Security Act with respect to such individual.. (2) Contribution of eitc amounts to individual security accounts \nSection 32 of such Code (relating to earned income) is amended by adding at the end the following new subsection: (n) Contribution to individual security account \n(1) In general \nAn eligible part B individual who is allowed a credit under this section may designate all or a portion of such credit as a contribution to the individual security account established on behalf of such individual. (2) Credit used only for individual security account \nFor purposes of this title, the amount designated under paragraph (1) with respect to any part B individual— (A) shall not be treated as a credit allowed under this section, but (B) shall be treated as an overpayment of tax under section 6401(b)(3) which may, in accordance with section 6402(l), only be transferred to an individual security account established under part B of title II of the Social Security Act with respect to such individual.. (3) Contribution of credited amounts to individual security account \n(A) Credited amounts treated as overpayment of tax \nSubsection (b) of section 6401 (relating to excessive credits) is amended by adding at the end the following new paragraph: (3) Special rule for credit under sections 32 and 54 \nSubject to the provisions of section 6402(l), the following sum shall be considered an overpayment— (A) Section 54 credit \nThe amount of any credit allowed under section 54 for any taxable year, plus (B) Section 32 designated earned income credit contribution \nThe amount of the earned income credit designated as a contribution to an individual security account under section 32(n) for the taxable year.. (B) Transfer of credit amount to individual security account \nSection 6402 of such Code (relating to authority to make credits or refunds) is amended by adding at the end the following new subsection: (l) Overpayments attributable to individual security account credit \nIn the case of any overpayment described in section 6401(b)(3) with respect to any individual, the Secretary shall transfer for crediting by the Commissioner of Social Security to the individual security account of an such individual, an amount equal to the amount of such overpayment.. (4) Notice to eitc recipients of matching contributions to individual security accounts \nIn connection with information and tax forms relating to the credit allowed under section 32 of the Internal Revenue Code of 1986, the Secretary of the Treasury shall provide notice of the availability of matching contributions pursuant to section 54 of such Code (as added by subsection (a) of this section) to individual security accounts under part B of title II of the Social Security Act. (5) Conforming amendments \n(A) Section 1324(b)(2) of title 31, United States Code, is amended by inserting before the period at the end , or enacted by the. (B) The table of subparts for part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Subpart H. Individual security account credits.. (6) Effective date \nThe amendments made by this subsection shall apply to refunds payable after December 31, 2005.", "id": "HB4C0F6D7E59543A683F31303672FC3E6", "header": "Individual security accounts", "nested": [ { "text": "(a) Establishment and Maintenance of Individual Security Accounts \n(1) In general \nTitle II of the Social Security Act ( 42 U.S.C. 401 et seq. ) is amended— (A) by inserting before section 201 the following: A Insurance benefits \n; and (B) by adding at the end the following: B Individual security system \n1 Individual security accounts \n251. Federally-administered individual security account \n(a) Establishment \n(1) In general \nWithin 30 days after receiving the first contribution under subsection (b) with respect to an eligible individual, the Commissioner of Social Security shall establish an individual security account for such individual in the Individual Security Fund. Each account shall be identified to its account holder by means of the account holder’s social security account number. (2) Eligible individual \nFor purposes of this part, the term eligible individual means any individual born after December 31, 1949. (b) Contributions \n(1) In general \nThe Secretary of the Treasury shall transfer from the Federal Old-Age and Survivors Insurance Trust Fund, for crediting by the Commissioner of Social Security to the individual security account of an eligible individual, an amount equal to the sum of any amount received by such Secretary on behalf of such individual under section 3101(a)(2) or 1401(a)(2) of the Internal Revenue Code of 1986. (2) Other contributions \nFor provisions relating to additional contributions credited to individual security accounts, see sections 54(d) and 6402(l) of the Internal Revenue Code of 1986. (c) Crediting Requirements \nExcept as otherwise provided in section 252, contributions under subsection (b) on behalf of an eligible individual shall be credited— (1) to the individual security account established for such individual under subsection (a); and (2) in accordance with the allocation in effect with respect to such individual under subsection (d). (d) Allocation and Other Designations \n(1) In general \nThe Commissioner of Social Security shall prescribe regulations in accordance with which any eligible individual who is employed or self-employed may designate— (A) in the event that 2 or more investment options are available in the Individual Security Fund— (i) the option or options to which such individual wishes to have such individual's contributions under subsection (b) credited; and (ii) if such individual designates more than 1 option under clause (i), how such individual wishes for those contributions to be allocated; and (B) the amount of wages or self-employment income such individual wishes to designate for purposes of section 3101(a)(2)(C) or 1401(a)(2)(C) of the Internal Revenue Code of 1986 (as applicable), if any. (2) Default allocation \nIn the absence of a required designation under paragraph (1)(A), contributions on behalf of the individual involved shall be allocated in such manner as the Commissioner of Social Security shall prescribe, taking into account the competing objectives of maximizing returns on investments and minimizing the risk involved with such investments. (3) Form of designation \nAny designation under paragraph (1) shall be made in such manner and at such intervals as the Commissioner of Social Security may prescribe in order to ensure ease of administration and to avoid creating an undue burden on employers. (4) Special rule for 2006 \nNot later than January 1, 2006, any eligible individual who is employed or self-employed as of such date shall execute all designations required under paragraph (1). (e) Periodic Statements to Account Holder \n(1) In general \nThe Individual Security Fund Board shall prescribe regulations under which each individual for whom an individual security account is maintained under this section shall be furnished with— (A) a periodic statement relating to the individual's account, including, for any reporting period as of the end of which the individual's account balance is at least equal to the minimum balance amount (within the meaning of section 252), clear and conspicuous notice to that effect; (B) a summary description of any investment options or other choices which may be available to such individual under this section or under section 252 (as applicable); and (C) any forms and information necessary to make a designation under subsection (d) or section 252 (as applicable). (2) Informed decisionmaking \nAll information, materials, and other matter furnished under this subsection shall be furnished to the account holder at such times and in such manner as the Board considers appropriate in order to permit informed decisionmaking. 252. Privately-administered individual security account \n(a) Definitions \nFor purposes of this part— (1) Minimum deposit amount \n(A) In general \nThe term minimum deposit amount means an amount equal to $7,500, as adjusted under subparagraph (B). (B) Adjustment \nThe Secretary of the Treasury shall adjust annually (effective for periods beginning after December 2003) the dollar amount set forth in subparagraph (A) under procedures providing for adjustments in the same manner and to the same extent as adjustments are provided for under the procedures used to adjust benefit amounts under section 215(i)(2)(A), except that any amount so adjusted that is not a multiple of $10 shall be rounded to the nearest multiple of $10. (2) Federally-administered individual security account \nThe term Federally-administered individual security account means an individual security account maintained, in accordance with applicable provisions of this part, in the Individual Security Fund. (3) Privately-administered individual security account \nThe term privately-administered individual security account means an individual security account maintained, in accordance with applicable provisions of this part, by a certified institution. (4) Certified institution \nThe term certified institution refers to an investment firm, credit union, insurance company, or other certified institution under subpart 3. (b) Option To Designate a Privately-Administered Individual Security Account \n(1) In general \nUnder regulations prescribed by the Individual Security Fund Board, whenever the balance in an individual's Federally-administered individual security account is at least equal to the minimum deposit amount, such individual shall be eligible to designate a privately-administered individual security account (established and maintained on such individual's behalf) to serve as such individual's individual security account under this part, in lieu of such individual's Federally-administered individual security account. (2) Effect of designation \nIf an individual makes a designation under paragraph (1)— (A) the entire balance in the individual's Federally-administered individual security account shall be promptly transferred to the privately-administered individual security account specified by such individual in such designation; and (B) that privately-administered individual security account shall, for all purposes, be treated as the electing individual's individual security account, subject to paragraph (4). (3) Regulatory management of private investment \nA designation under this subsection shall not be effective unless it is made in such time, form, and manner as the Individual Security Fund Board prescribes. The Individual Security Fund Board shall— (A) maintain individual account records, and (B) combine account transactions with certified institutions maintaining privately-administered individual security accounts in aggregate amounts, in the same manner as is applicable with respect to records and account transactions with respect to Federally administered individual security accounts. (4) Subsequent designations \nThe Individual Security Fund Board shall provide by regulation opportunity for subsequent designation, from time to time, of another individual security account in lieu of the account previously designated under this section, subject to the following: (A) Options available \nThe account designated under this paragraph may be either within— (i) another certified institution, subject to subparagraph (B); or (ii) the Individual Security Fund. (B) Minimum balance \nIn order to make a designation referred to in subparagraph (A)(i), the balance in the individual's individual security account must be at least equal to the minimum deposit amount. No minimum balance requirement under this subparagraph shall apply in the case of a designation referred to in subparagraph (A)(ii). (C) Only 1 account permitted at any time \nAn individual may not, at any time, concurrently maintain— (i) a privately-administered individual security account with each of 2 or more certified institutions; or (ii) a privately-administered and a Federally-administered individual security account. (D) Effect \nA designation under this paragraph has (with respect to the individual's respective accounts, before and after such designation) the same effect as results following a designation under paragraph (2) (with respect to the Federally-administered and privately-administered accounts involved). 253. Distributions from individual security accounts \n(a) Date of Earliest Distribution \nExcept as provided in subsection (c), distributions may not be made from the Federally-administered or privately-administered individual security account of an eligible individual (as the case may be) before the earlier of— (1) the date the eligible individual attains normal retirement age, as determined under section 216 (or early retirement age, as so determined, if elected by such individual), or (2) the date on which funds in the eligible individual's account are sufficient to provide a monthly payment over the life expectancy of the eligible individual (determined under reasonable actuarial assumptions) which, when added to the eligible individual's monthly benefit under part A (if any), is at least equal to an amount equal to 1/12 of 185 percent of the poverty line (as defined in section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) and determined on such date for a family of the size involved) and adjusted annually thereafter by the adjustment determined under section 215(i). (b) Forms of Distribution \n(1) Required monthly payments \nExcept as provided in paragraph (2), beginning as of the date distributions begin to be made in accordance with subsection (a), the balance in the individual security account available to provide monthly payments not in excess of the amount described in subsection (a)(2) shall be paid, as elected by the account holder (in such form and manner as shall be prescribed in regulations of the Individual Security Fund Board or the Securities and Exchange Commission, as applicable), by means of the purchase of annuities or equal monthly payments over the life expectancy of the eligible individual (determined under reasonable actuarial assumptions) in accordance with requirements (which shall be provided in regulations of the Board or Commission, as applicable) similar to the requirements applicable to payments of benefits under subchapter III of chapter 84 of title 5, United States Code. (2) Payment of excess funds \nTo the extent funds remain in an eligible individual's Federally-administered or privately-administered individual security account (as the case may be) after the application of paragraph (1) and to the extent not inconsistent with the provisions of subchapter III of chapter 84 of title 5, United States Code, such funds shall be payable to the eligible individual in such manner and in such amounts as determined by the eligible individual. (c) Distribution in the event of death before the date of initial distribution \nIf the eligible individual dies before the date determined under subsection (a), the balance in such individual's individual security account shall be distributed to the individual's heirs under rules established by the Individual Security Fund Board or the Securities and Exchange Commission, as applicable. 2 Individual security fund; individual security fund board \n261. Individual security fund \nThere shall be established and maintained in the Treasury of the United States an Individual Security Fund in the same manner as the Thrift Savings Fund under sections 8437 (excluding paragraphs (4) and (5) of subsection (c) thereof), 8438, and 8439 of title 5, United States Code. 262. Individual security fund board \n(a) Establishment \nThere shall be established and maintained in the Social Security Administration an Individual Security Fund Board in the same manner as the Federal Retirement Thrift Investment Board under subchapter VII of chapter 84 of title 5, United States Code. (b) Specific investment and reporting duties \nThe Individual Security Fund Board shall manage and report on the activities of the Individual Security Fund and on Federally-administered individual security accounts in the same manner as the Federal Retirement Thrift Investment Board manages and reports on the Thrift Savings Fund and the individual accounts of such Fund under subchapter VII of chapter 84 of title 5, United States Code. (c) Budgetary treatment of individual security fund and accounts \nThe receipts and disbursements of the Individual Security Fund and any accounts within such Fund shall not be included in the totals of the budget of the United States Government as submitted by the President or of the congressional budget and shall be exempt from any general budget limitation imposed by statute on expenditures and net lending (budget outlays) of the United States Government. (d) Commissioner of social security as executive director \nThe Commissioner of Social Security shall have, with respect to the Individual Security Fund and accounts within such Fund, the same duties and responsibilities as does the Executive Director (appointed under section 8474(a) of title 5, United States Code) with respect to the Thrift Savings Fund and accounts within such Fund. 3 Certified institutions \n271. Certification of institutions by securities and exchange commission \n(a) In general \nFor purposes of this part, any institution that is engaged, in a fiduciary capacity, in the business of maintaining accounts for individuals for purposes of investment may apply to the Securities and Exchange Commission (in such form and manner as the Commission shall by regulation require) for certification under this subpart. (b) Review requirements \nIn reviewing any application for certification under this subpart and determining whether to approve the application for certification, the Commission shall consider the following factors: (1) The financial history and condition of the institution. (2) The adequacy of the institution's capital structure. (3) The future earnings prospects of the institution. (4) The general character and fitness of the management of the institution. (5) The convenience and needs of individuals who are account holders with respect to personal retirement accounts for which the institution is to serve as trustee. (6) Whether the institution's corporate powers are consistent with the purposes of this part. (7) The institution's disclosure policies, including with respect to its administrative fees, investment policies, and investment activities. (8) The appropriateness of— (A) the fund or funds that such institution proposes to offer for purposes of this part, and (B) the criteria by which such institution will make future decisions regarding the selection of new funds or the making of any other modifications in the investment options offered by such institution for purposes of this part, as determined based on guidelines established by the Commission for purposes of this paragraph. (c) Notice of denial of application for certification \nIf the Commission votes to deny any application for certification by any institution, the Commission shall promptly notify the institution of the denial of such application, giving specific reasons in writing for the Commission's determination with reference to the factors described in subsection (b). (d) Nondelegation requirement \nThe authority of the Commission to make any determination to deny any application under this section may not be delegated by the Commission. 272. Revocation of certification \n(a) In general \nThe Securities and Exchange Commission shall prescribe regulations in accordance with which the certified status of an institution may be voluntarily or involuntarily revoked. (b) Judicial review \nAny party to any involuntary revocation proceeding under this section to which an institution is a party may obtain a review of any order served pursuant to this section by the filing in the court of appeals of the United States for the circuit in which the home office of the institution is located, or in the United States Court of Appeals for the District of Columbia Circuit, within 30 days after the date of service of such order, a written petition praying that the order of the Commission be modified, terminated, or set aside. A copy of such petition shall be forthwith transmitted by the clerk of the court to the Commission, and thereupon the Commission shall file in the court the record in the proceeding, as provided in section 2112 of title 28, United States Code. Upon the filing of such petition, such court shall have jurisdiction, which upon the filing of the record shall be exclusive, to affirm, modify, terminate, or set aside, in whole or in part, the order of the Commission. Review of such proceedings shall be had as provided in chapter 7 of title 5, United States Code. The judgment and decree of the court shall be final, except that the judgment and decree shall be subject to review by the Supreme Court upon certiorari, as provided in section 1254 of title 28, United States Code. The commencement of proceedings for judicial review under this subsection shall not, unless specifically ordered by the court, operate as a stay of any order issued by the Commission. 273. Fiduciary duties \n(a) In general \nIn the case of a privately-administered individual security account which does not form part of an individual account plan covered under part 4 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, rules similar to the rules of such part 4 applicable to individual account plans covered under such part 4 shall apply with respect to a privately-administered individual security account and the terms of any arrangement under which such account is maintained. (b) General requirements \nIn applying under subsection (a) the rules of part 4 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 in the case of a privately-administered individual security account, references in such part to the Secretary of Labor shall be deemed to be references to the Securities and Exchange Commission, references in such part to a participants or beneficiary in connection with an individual account plan covered under such part shall be deemed to be references to the account holder with respect to the privately-administered individual security account, and references in such part to the plan administrator or plan sponsor in connection with an individual account plan covered under such part shall be deemed to be references to the trustee of the privately-administered individual security account. (c) Limitation on liability \nAny account holder who issues an instruction to the trustee of the account directing an investment of funds held in the account shall sign an acknowledgement prescribed by the Securities and Exchange Commission which states that the account holder understands that an investment of any amount in the account is made at the account holder's risk, that the account holder is not protected by the Government or by the trustee against any loss on such investment, and that a return on such investment is not guaranteed by the Government or by the trustee. Notwithstanding the preceding provisions of this section and any other provision of Federal or State law, the trustee of a privately-administered individual security account shall not be liable for losses suffered in connection with any investment of assets held in the account unless it is shown by clear and convincing evidence that the trustee did not act in the manner in which a reasonable trustee would act under the circumstances then prevailing in evaluating the risk and reward properties of the investment option involved. 4 Enforcement \n281. Cause of action \nThe account holder with respect to a privately-administered individual security account who is adversely affected by an act or practice of any party (other than the Securities and Exchange Commission, the Social Security Administration, the Department of the Treasury, or any officer or employee of any of the foregoing) in violation of any provision of this part, may bring an action— (1) to enjoin such act or practice, or (2) to obtain other appropriate equitable relief (A) to redress such violation or (B) to enforce such provision. 282. Jurisdiction and venue \nCivil actions under this subpart may be brought in the district courts of the United States in the district where the privately-administered individual security account is administered, where the violation took place, or where a defendant resides or may be found, and process may be served in any district where a defendant resides or may be found. The district courts of the United State shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to grant the relief provided for in section 281 in any action. 283. Right of securities and exchange commission to intervene \nA copy of the complaint or notice of appeal in any action under this subpart shall be served upon the Securities and Exchange Commission by certified mail. The Commission shall each have the right to intervene in any action. 284. Awards of costs and expenses \nIn any action brought under this subpart, the court in its discretion may award all or a portion of the costs and expenses incurred in connection with such action, including reasonable attorney's fees, to any party who prevails or substantially prevails in such action. 285. Limitation on actions \n(a) In General \nExcept as provided in subsection (c), an action under this subpart may not be brought after the later of— (1) 6 years after the date on which the cause of action arose, or (2) 3 years after the applicable date specified in subsection (b). (b) Applicable date \nThe applicable date specified in this subsection is the earliest date on which the plaintiff acquired or should have acquired actual knowledge of the existence of such cause of action. (c) Cases of fraud or concealment \nIn the case of fraud or concealment, the period described in subsection (a)(2) shall be extended to 6 years after the applicable date specified in subsection (b). 286. Penalty for failure to timely provide required information \nThe Securities and Exchange Commission may assess a penalty, payable to it, against any person who fails to provide any notice or other material information required under this part or any regulations prescribed under this part within the applicable time limit specified therein. Such penalty shall not exceed $1,000 for each day for which such failure continues. 287. Actions by securities and exchange commission \nIf any person is assessed under this subpart and fails to pay the assessment when due, or any person otherwise fails to meet any requirement of this part, the Securities and Exchange Commission may bring a civil action in any district court of the United States within the jurisdiction of which such person's assets are located or in which such person resides or is found for the recovery of the amount of the assessment or for appropriate equitable relief to redress the violation or enforce the provisions of this part, and process may be served in any other district. The district courts of the United States shall have jurisdiction over actions brought under this section by the Commission without regard to the amount in controversy. 288. Criminal penalty for fraud or intentional misrepresentation in connection with investment options \nAny person who makes, or causes to be made, a statement or representation of a material fact for use in selecting an investment option that the person knows or should know is false or misleading or knows or should know omits a material fact or makes such a statement with knowing disregard for the truth shall upon conviction be fined not more than $500,000 or imprisoned for not more than 5 years, or both..", "id": "HA78FD097200E4782B7E977900D24194", "header": "Establishment and Maintenance of Individual Security Accounts", "nested": [], "links": [ { "text": "42 U.S.C. 401 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/401" }, { "text": "42 U.S.C. 9902(2)", "legal-doc": "usc", "parsable-cite": "usc/42/9902" }, { "text": "chapter 84", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/84" }, { "text": "chapter 84", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/84" }, { "text": "chapter 84", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/84" }, { "text": "chapter 84", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/84" }, { "text": "section 8474(a)", "legal-doc": "usc", "parsable-cite": "usc/5/8474" }, { "text": "section 2112", "legal-doc": "usc", "parsable-cite": "usc/28/2112" }, { "text": "chapter 7", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/7" }, { "text": "section 1254", "legal-doc": "usc", "parsable-cite": "usc/28/1254" } ] }, { "text": "(b) Modification of FICA Rates \n(1) Employees \nSection 3101(a) of the Internal Revenue Code of 1986 (relating to tax on employees) is amended to read as follows: (a) Old-Age, Survivors, and Disability Insurance \n(1) In general \n(A) Individuals covered under part a of title ii of the social security act \nIn addition to other taxes, there is hereby imposed on the income of every individual who is not a part B eligible individual a tax equal to 6.2 percent of the wages received by him with respect to employment. (B) Individuals covered under part B of title II of the social security act \n(i) In general \nIn addition to other taxes, there is hereby imposed on the income of every part B eligible individual a tax equal to the applicable percentage of the wages received by such individual with respect to employment. (ii) Applicable percentage \nFor purposes of clause (i), the term applicable percentage means the excess of 6.2 percent, over (I) 3 percent, in the case of the first $10,000 of such wages received in the calendar year, and (II) 2 percent, in the case of any additional such wages received in the calendar year. (2) Contribution of oasdi tax reduction to individual security accounts \nIn addition to other taxes, there is hereby imposed on the income of every part B eligible individual for the calendar year an individual security account contribution equal to the sum of— (A) 3 percent of so much of the wages as does not exceed the first $10,000 received in such calendar year by such individual with respect to employment, (B) 2 percent of the excess of— (i) such wages, over (ii) the wages taken into account under subparagraph (A), plus (C) so much of such wages (not to exceed $5,000) as designated by the individual in the same manner as described in section 251(c) of the Social Security Act. (3) Inflation adjustments \n(A) In general \nIn the case of any calendar year beginning after 2006, the $10,000 amount in paragraphs (1) and (2) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the wage increase percentage (if any) for such year. (B) Designated contributions \nIn the case of any calendar year beginning after 2008, the $5,000 amount in paragraph (2)(C) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the percentage increase (if any) for such year determined under section 215(i) of the Social Security Act. (C) Rounding \nIf any dollar amount after being increased under subparagraph (A) or (B) is not a multiple of $10, such dollar amount shall be rounded to the nearest multiple of $10. (4) Definitions \nFor purposes of this subsection— (A) Wages \nThe term wages shall have the meaning given to such term by section 3121(a). (B) Employment \nThe term employment shall have the meaning given to such term by section 3121(b). (C) Wage increase percentage \nThe term wage increase percentage , with respect to a calendar year, means the percentage increase which would become effective under section 215(i)(2) of the Social Security Act in such year if such increase were determined as described in section 215(i)(5)(A)(i) of such Act.. (2) Self-employed \nSection 1401(a) of the Internal Revenue Code of 1986 (relating to tax on self-employment income) is amended to read as follows: (a) Old-age, survivors, and disability insurance \n(1) In general \n(A) Individuals covered under part a of the social security act \nIn addition to other taxes, there shall be imposed for each taxable year, on the self-employment income of every individual who is not a part B eligible individual for the calendar year ending with or during such taxable year, a tax equal to 12.40 percent of the amount of the self-employment income for such taxable year. (B) Individuals covered under part B of title ii of the Social Security Act \n(i) In general \nIn addition to other taxes, there is hereby imposed for each taxable year, on the self-employment income of every part B eligible individual, a tax equal to the applicable percentage of the amount of the self-employment income for such taxable year. (ii) Applicable percentage \nFor purposes of clause (i), the term applicable percentage means the excess of 12.4 percent, over (I) 3 percent, in the case of the first $10,000 of self-employment income received in the calendar year, and (II) 2 percent, in the case of any additional self-employment income received in the calendar year. (2) Contribution of oasdi tax reduction to individual security accounts \nIn addition to other taxes, there is hereby imposed for each taxable year, on the self-employment income of every part B eligible individual for the calendar year, an individual security account contribution equal to the sum of— (A) 3 percent of self-employment income as does not exceed the first $10,000 of such income derived during the taxable year by such individual, (B) 2 percent of self-employment income in the case of any additional self-employment income derived by such individual during the taxable year, and (C) so much of such self-employment income (not to exceed $5,000) as designated by the individual in the same manner as described in section 251(c) of the Social Security Act. (3) Inflation adjustments \n(A) In general \nIn the case of any calendar year beginning after 2006, the $10,000 amount in paragraphs (1) and (2) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the wage increase percentage (if any) for such year, (B) Designated contributions \nIn the case of any calendar year beginning after 2008, the $5,000 amount in paragraph (2)(C) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the percentage increase (if any) for such year determined under section 215(i) of the Social Security Act. (C) Rounding \nIf any dollar amount after being increased under subparagraph (A) or (B) is not a multiple of $10, such dollar amount shall be rounded to the nearest multiple of $10. (4) Definition \nFor purposes of this subsection, the term wage increase percentage , with respect to a calendar year, means the percentage increase which would become effective under section 215(i)(2) of the Social Security Act in such year if such increase were determined as described in section 215(i)(5)(A)(i) of such Act.. (3) Part B eligible individual \n(A) Taxes on employees \nSection 3121 of such Code (relating to definitions) is amended by inserting after subsection (s) the following new subsection: (t) Part B eligible individual \nFor purposes of this chapter, the term part B eligible individual means, for any calendar year, an individual who is an eligible individual (as defined in section 251(a)(2) of the Social Security Act) for such calendar year.. (B) Self-employment tax \nSection 1402 of such Code (relating to definitions) is amended by adding at the end the following new subsection: (k) Part B eligible individual \nThe term part B eligible individual means, for any calendar year, an individual who is an eligible individual (as defined in section 251(a)(2) of the Social Security Act) for such calendar year.. (4) Effective dates \n(A) Employees \nThe amendments made by paragraphs (1) and (3)(A) apply to remuneration paid after December 31, 2005. (B) Self-employed individuals \nThe amendments made by paragraphs (2) and (3)(B) apply to taxable years beginning after December 31, 2005.", "id": "H586B802033634A5C8D772B95852B079F", "header": "Modification of FICA Rates", "nested": [], "links": [ { "text": "Section 3101(a)", "legal-doc": "usc", "parsable-cite": "usc/26/3101" }, { "text": "Section 1401(a)", "legal-doc": "usc", "parsable-cite": "usc/26/1401" } ] }, { "text": "(c) Matching contributions \n(1) In general \nPart IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to credits against tax) is amended by adding at the end the following new subpart: H Individual security account credits \nSec. 54. Individual security account credit 54. Individual security account credit \n(a) Allowance of credit \nEach part B eligible individual is entitled to a credit for the taxable year in an amount equal to the sum of— (1) $150, (2) 50 percent of the designated wages of such individual for the taxable year, (3) 50 percent of the designated self-employment income of such individual for the taxable year, and (4) 50 percent of the designated earned income credit. (b) Limitations \n(1) Amount \nThe amount determined under paragraphs (2) and (3) of subsection (a) with respect to such individual for any taxable year may not exceed the excess (if any) of— (A) $600, over (B) the sum of the amounts received by the Secretary on behalf of such individual under subparagraphs (A) and (B) of section 3101(a)(2) and subparagraphs (A) and (B) of 1401(a)(2) for the taxable year. (2) Failure to make voluntary contributions \nIn the case of a part B eligible individual with respect to whom the amount of wages designated under section 3101(a)(2)(C) plus the amount self-employment income designated under section 1401(a)(2)(C) for the taxable year is zero, the credit to which such individual is entitled under this section shall be equal to zero. (c) Definitions \nFor purposes of this section— (1) Part B eligible individual \nThe term part B eligible individual means, for any calendar year, an individual who is an eligible individual (as defined in section 251(a)(2) of the Social Security Act) for such calendar year. (2) Designated wages \nThe term designated wages means with respect to any taxable year the amount designated under section 3101(a)(2)(C). (3) Designated self-employment income \nThe term designated self-employment income means with respect to any taxable year the amount designated under section 1401(a)(2)(C) for such taxable year. (4) Designated earned income credit \nThe term designated earned income credit means the amount of the credit allowed under section 32 for the taxable year that is designated by the part B eligible individual in the same manner as described in section 251(c) of the Social Security Act. (d) Credit Used Only for Individual Security Account \nFor purposes of this title, the credit allowed under this section with respect to any part B eligible individual— (1) shall not be treated as a credit allowed under this part, but (2) shall be treated as an overpayment of tax under section 6401(b)(3) which may, in accordance with section 6402(l), only be transferred to an individual security account established under part B of title II of the Social Security Act with respect to such individual.. (2) Contribution of eitc amounts to individual security accounts \nSection 32 of such Code (relating to earned income) is amended by adding at the end the following new subsection: (n) Contribution to individual security account \n(1) In general \nAn eligible part B individual who is allowed a credit under this section may designate all or a portion of such credit as a contribution to the individual security account established on behalf of such individual. (2) Credit used only for individual security account \nFor purposes of this title, the amount designated under paragraph (1) with respect to any part B individual— (A) shall not be treated as a credit allowed under this section, but (B) shall be treated as an overpayment of tax under section 6401(b)(3) which may, in accordance with section 6402(l), only be transferred to an individual security account established under part B of title II of the Social Security Act with respect to such individual.. (3) Contribution of credited amounts to individual security account \n(A) Credited amounts treated as overpayment of tax \nSubsection (b) of section 6401 (relating to excessive credits) is amended by adding at the end the following new paragraph: (3) Special rule for credit under sections 32 and 54 \nSubject to the provisions of section 6402(l), the following sum shall be considered an overpayment— (A) Section 54 credit \nThe amount of any credit allowed under section 54 for any taxable year, plus (B) Section 32 designated earned income credit contribution \nThe amount of the earned income credit designated as a contribution to an individual security account under section 32(n) for the taxable year.. (B) Transfer of credit amount to individual security account \nSection 6402 of such Code (relating to authority to make credits or refunds) is amended by adding at the end the following new subsection: (l) Overpayments attributable to individual security account credit \nIn the case of any overpayment described in section 6401(b)(3) with respect to any individual, the Secretary shall transfer for crediting by the Commissioner of Social Security to the individual security account of an such individual, an amount equal to the amount of such overpayment.. (4) Notice to eitc recipients of matching contributions to individual security accounts \nIn connection with information and tax forms relating to the credit allowed under section 32 of the Internal Revenue Code of 1986, the Secretary of the Treasury shall provide notice of the availability of matching contributions pursuant to section 54 of such Code (as added by subsection (a) of this section) to individual security accounts under part B of title II of the Social Security Act. (5) Conforming amendments \n(A) Section 1324(b)(2) of title 31, United States Code, is amended by inserting before the period at the end , or enacted by the. (B) The table of subparts for part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Subpart H. Individual security account credits.. (6) Effective date \nThe amendments made by this subsection shall apply to refunds payable after December 31, 2005.", "id": "HFC60BBB4D31046FCB2A2A6C585E49925", "header": "Matching contributions", "nested": [], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" }, { "text": "section 32", "legal-doc": "usc", "parsable-cite": "usc/26/32" }, { "text": "Section 1324(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/31/1324" }, { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" } ] } ], "links": [ { "text": "42 U.S.C. 401 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/401" }, { "text": "42 U.S.C. 9902(2)", "legal-doc": "usc", "parsable-cite": "usc/42/9902" }, { "text": "chapter 84", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/84" }, { "text": "chapter 84", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/84" }, { "text": "chapter 84", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/84" }, { "text": "chapter 84", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/84" }, { "text": "section 8474(a)", "legal-doc": "usc", "parsable-cite": "usc/5/8474" }, { "text": "section 2112", "legal-doc": "usc", "parsable-cite": "usc/28/2112" }, { "text": "chapter 7", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/7" }, { "text": "section 1254", "legal-doc": "usc", "parsable-cite": "usc/28/1254" }, { "text": "Section 3101(a)", "legal-doc": "usc", "parsable-cite": "usc/26/3101" }, { "text": "Section 1401(a)", "legal-doc": "usc", "parsable-cite": "usc/26/1401" }, { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" }, { "text": "section 32", "legal-doc": "usc", "parsable-cite": "usc/26/32" }, { "text": "Section 1324(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/31/1324" }, { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" } ] }, { "text": "251. Federally-administered individual security account \n(a) Establishment \n(1) In general \nWithin 30 days after receiving the first contribution under subsection (b) with respect to an eligible individual, the Commissioner of Social Security shall establish an individual security account for such individual in the Individual Security Fund. Each account shall be identified to its account holder by means of the account holder’s social security account number. (2) Eligible individual \nFor purposes of this part, the term eligible individual means any individual born after December 31, 1949. (b) Contributions \n(1) In general \nThe Secretary of the Treasury shall transfer from the Federal Old-Age and Survivors Insurance Trust Fund, for crediting by the Commissioner of Social Security to the individual security account of an eligible individual, an amount equal to the sum of any amount received by such Secretary on behalf of such individual under section 3101(a)(2) or 1401(a)(2) of the Internal Revenue Code of 1986. (2) Other contributions \nFor provisions relating to additional contributions credited to individual security accounts, see sections 54(d) and 6402(l) of the Internal Revenue Code of 1986. (c) Crediting Requirements \nExcept as otherwise provided in section 252, contributions under subsection (b) on behalf of an eligible individual shall be credited— (1) to the individual security account established for such individual under subsection (a); and (2) in accordance with the allocation in effect with respect to such individual under subsection (d). (d) Allocation and Other Designations \n(1) In general \nThe Commissioner of Social Security shall prescribe regulations in accordance with which any eligible individual who is employed or self-employed may designate— (A) in the event that 2 or more investment options are available in the Individual Security Fund— (i) the option or options to which such individual wishes to have such individual's contributions under subsection (b) credited; and (ii) if such individual designates more than 1 option under clause (i), how such individual wishes for those contributions to be allocated; and (B) the amount of wages or self-employment income such individual wishes to designate for purposes of section 3101(a)(2)(C) or 1401(a)(2)(C) of the Internal Revenue Code of 1986 (as applicable), if any. (2) Default allocation \nIn the absence of a required designation under paragraph (1)(A), contributions on behalf of the individual involved shall be allocated in such manner as the Commissioner of Social Security shall prescribe, taking into account the competing objectives of maximizing returns on investments and minimizing the risk involved with such investments. (3) Form of designation \nAny designation under paragraph (1) shall be made in such manner and at such intervals as the Commissioner of Social Security may prescribe in order to ensure ease of administration and to avoid creating an undue burden on employers. (4) Special rule for 2006 \nNot later than January 1, 2006, any eligible individual who is employed or self-employed as of such date shall execute all designations required under paragraph (1). (e) Periodic Statements to Account Holder \n(1) In general \nThe Individual Security Fund Board shall prescribe regulations under which each individual for whom an individual security account is maintained under this section shall be furnished with— (A) a periodic statement relating to the individual's account, including, for any reporting period as of the end of which the individual's account balance is at least equal to the minimum balance amount (within the meaning of section 252), clear and conspicuous notice to that effect; (B) a summary description of any investment options or other choices which may be available to such individual under this section or under section 252 (as applicable); and (C) any forms and information necessary to make a designation under subsection (d) or section 252 (as applicable). (2) Informed decisionmaking \nAll information, materials, and other matter furnished under this subsection shall be furnished to the account holder at such times and in such manner as the Board considers appropriate in order to permit informed decisionmaking.", "id": "H2D97F675153641378E4277AB1E25B511", "header": "Federally-administered individual security account", "nested": [ { "text": "(a) Establishment \n(1) In general \nWithin 30 days after receiving the first contribution under subsection (b) with respect to an eligible individual, the Commissioner of Social Security shall establish an individual security account for such individual in the Individual Security Fund. Each account shall be identified to its account holder by means of the account holder’s social security account number. (2) Eligible individual \nFor purposes of this part, the term eligible individual means any individual born after December 31, 1949.", "id": "HBA4AEDD423014B90974900DE495EEB4F", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Contributions \n(1) In general \nThe Secretary of the Treasury shall transfer from the Federal Old-Age and Survivors Insurance Trust Fund, for crediting by the Commissioner of Social Security to the individual security account of an eligible individual, an amount equal to the sum of any amount received by such Secretary on behalf of such individual under section 3101(a)(2) or 1401(a)(2) of the Internal Revenue Code of 1986. (2) Other contributions \nFor provisions relating to additional contributions credited to individual security accounts, see sections 54(d) and 6402(l) of the Internal Revenue Code of 1986.", "id": "H06D7FF2B699E44E89CCAD0C2AAC8728D", "header": "Contributions", "nested": [], "links": [] }, { "text": "(c) Crediting Requirements \nExcept as otherwise provided in section 252, contributions under subsection (b) on behalf of an eligible individual shall be credited— (1) to the individual security account established for such individual under subsection (a); and (2) in accordance with the allocation in effect with respect to such individual under subsection (d).", "id": "H428CFFF6C3874145858CC47D14A687A9", "header": "Crediting Requirements", "nested": [], "links": [] }, { "text": "(d) Allocation and Other Designations \n(1) In general \nThe Commissioner of Social Security shall prescribe regulations in accordance with which any eligible individual who is employed or self-employed may designate— (A) in the event that 2 or more investment options are available in the Individual Security Fund— (i) the option or options to which such individual wishes to have such individual's contributions under subsection (b) credited; and (ii) if such individual designates more than 1 option under clause (i), how such individual wishes for those contributions to be allocated; and (B) the amount of wages or self-employment income such individual wishes to designate for purposes of section 3101(a)(2)(C) or 1401(a)(2)(C) of the Internal Revenue Code of 1986 (as applicable), if any. (2) Default allocation \nIn the absence of a required designation under paragraph (1)(A), contributions on behalf of the individual involved shall be allocated in such manner as the Commissioner of Social Security shall prescribe, taking into account the competing objectives of maximizing returns on investments and minimizing the risk involved with such investments. (3) Form of designation \nAny designation under paragraph (1) shall be made in such manner and at such intervals as the Commissioner of Social Security may prescribe in order to ensure ease of administration and to avoid creating an undue burden on employers. (4) Special rule for 2006 \nNot later than January 1, 2006, any eligible individual who is employed or self-employed as of such date shall execute all designations required under paragraph (1).", "id": "HCF44793A9175456C9ECFAA6100ADD41F", "header": "Allocation and Other Designations", "nested": [], "links": [] }, { "text": "(e) Periodic Statements to Account Holder \n(1) In general \nThe Individual Security Fund Board shall prescribe regulations under which each individual for whom an individual security account is maintained under this section shall be furnished with— (A) a periodic statement relating to the individual's account, including, for any reporting period as of the end of which the individual's account balance is at least equal to the minimum balance amount (within the meaning of section 252), clear and conspicuous notice to that effect; (B) a summary description of any investment options or other choices which may be available to such individual under this section or under section 252 (as applicable); and (C) any forms and information necessary to make a designation under subsection (d) or section 252 (as applicable). (2) Informed decisionmaking \nAll information, materials, and other matter furnished under this subsection shall be furnished to the account holder at such times and in such manner as the Board considers appropriate in order to permit informed decisionmaking.", "id": "H840328A37084405DA01F6BB5064CF7AA", "header": "Periodic Statements to Account Holder", "nested": [], "links": [] } ], "links": [] }, { "text": "252. Privately-administered individual security account \n(a) Definitions \nFor purposes of this part— (1) Minimum deposit amount \n(A) In general \nThe term minimum deposit amount means an amount equal to $7,500, as adjusted under subparagraph (B). (B) Adjustment \nThe Secretary of the Treasury shall adjust annually (effective for periods beginning after December 2003) the dollar amount set forth in subparagraph (A) under procedures providing for adjustments in the same manner and to the same extent as adjustments are provided for under the procedures used to adjust benefit amounts under section 215(i)(2)(A), except that any amount so adjusted that is not a multiple of $10 shall be rounded to the nearest multiple of $10. (2) Federally-administered individual security account \nThe term Federally-administered individual security account means an individual security account maintained, in accordance with applicable provisions of this part, in the Individual Security Fund. (3) Privately-administered individual security account \nThe term privately-administered individual security account means an individual security account maintained, in accordance with applicable provisions of this part, by a certified institution. (4) Certified institution \nThe term certified institution refers to an investment firm, credit union, insurance company, or other certified institution under subpart 3. (b) Option To Designate a Privately-Administered Individual Security Account \n(1) In general \nUnder regulations prescribed by the Individual Security Fund Board, whenever the balance in an individual's Federally-administered individual security account is at least equal to the minimum deposit amount, such individual shall be eligible to designate a privately-administered individual security account (established and maintained on such individual's behalf) to serve as such individual's individual security account under this part, in lieu of such individual's Federally-administered individual security account. (2) Effect of designation \nIf an individual makes a designation under paragraph (1)— (A) the entire balance in the individual's Federally-administered individual security account shall be promptly transferred to the privately-administered individual security account specified by such individual in such designation; and (B) that privately-administered individual security account shall, for all purposes, be treated as the electing individual's individual security account, subject to paragraph (4). (3) Regulatory management of private investment \nA designation under this subsection shall not be effective unless it is made in such time, form, and manner as the Individual Security Fund Board prescribes. The Individual Security Fund Board shall— (A) maintain individual account records, and (B) combine account transactions with certified institutions maintaining privately-administered individual security accounts in aggregate amounts, in the same manner as is applicable with respect to records and account transactions with respect to Federally administered individual security accounts. (4) Subsequent designations \nThe Individual Security Fund Board shall provide by regulation opportunity for subsequent designation, from time to time, of another individual security account in lieu of the account previously designated under this section, subject to the following: (A) Options available \nThe account designated under this paragraph may be either within— (i) another certified institution, subject to subparagraph (B); or (ii) the Individual Security Fund. (B) Minimum balance \nIn order to make a designation referred to in subparagraph (A)(i), the balance in the individual's individual security account must be at least equal to the minimum deposit amount. No minimum balance requirement under this subparagraph shall apply in the case of a designation referred to in subparagraph (A)(ii). (C) Only 1 account permitted at any time \nAn individual may not, at any time, concurrently maintain— (i) a privately-administered individual security account with each of 2 or more certified institutions; or (ii) a privately-administered and a Federally-administered individual security account. (D) Effect \nA designation under this paragraph has (with respect to the individual's respective accounts, before and after such designation) the same effect as results following a designation under paragraph (2) (with respect to the Federally-administered and privately-administered accounts involved).", "id": "H980D04A0187D4376908BEC6559D600C7", "header": "Privately-administered individual security account", "nested": [ { "text": "(a) Definitions \nFor purposes of this part— (1) Minimum deposit amount \n(A) In general \nThe term minimum deposit amount means an amount equal to $7,500, as adjusted under subparagraph (B). (B) Adjustment \nThe Secretary of the Treasury shall adjust annually (effective for periods beginning after December 2003) the dollar amount set forth in subparagraph (A) under procedures providing for adjustments in the same manner and to the same extent as adjustments are provided for under the procedures used to adjust benefit amounts under section 215(i)(2)(A), except that any amount so adjusted that is not a multiple of $10 shall be rounded to the nearest multiple of $10. (2) Federally-administered individual security account \nThe term Federally-administered individual security account means an individual security account maintained, in accordance with applicable provisions of this part, in the Individual Security Fund. (3) Privately-administered individual security account \nThe term privately-administered individual security account means an individual security account maintained, in accordance with applicable provisions of this part, by a certified institution. (4) Certified institution \nThe term certified institution refers to an investment firm, credit union, insurance company, or other certified institution under subpart 3.", "id": "H08F2F3C7952A42DEBA866C6307EFB437", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Option To Designate a Privately-Administered Individual Security Account \n(1) In general \nUnder regulations prescribed by the Individual Security Fund Board, whenever the balance in an individual's Federally-administered individual security account is at least equal to the minimum deposit amount, such individual shall be eligible to designate a privately-administered individual security account (established and maintained on such individual's behalf) to serve as such individual's individual security account under this part, in lieu of such individual's Federally-administered individual security account. (2) Effect of designation \nIf an individual makes a designation under paragraph (1)— (A) the entire balance in the individual's Federally-administered individual security account shall be promptly transferred to the privately-administered individual security account specified by such individual in such designation; and (B) that privately-administered individual security account shall, for all purposes, be treated as the electing individual's individual security account, subject to paragraph (4). (3) Regulatory management of private investment \nA designation under this subsection shall not be effective unless it is made in such time, form, and manner as the Individual Security Fund Board prescribes. The Individual Security Fund Board shall— (A) maintain individual account records, and (B) combine account transactions with certified institutions maintaining privately-administered individual security accounts in aggregate amounts, in the same manner as is applicable with respect to records and account transactions with respect to Federally administered individual security accounts. (4) Subsequent designations \nThe Individual Security Fund Board shall provide by regulation opportunity for subsequent designation, from time to time, of another individual security account in lieu of the account previously designated under this section, subject to the following: (A) Options available \nThe account designated under this paragraph may be either within— (i) another certified institution, subject to subparagraph (B); or (ii) the Individual Security Fund. (B) Minimum balance \nIn order to make a designation referred to in subparagraph (A)(i), the balance in the individual's individual security account must be at least equal to the minimum deposit amount. No minimum balance requirement under this subparagraph shall apply in the case of a designation referred to in subparagraph (A)(ii). (C) Only 1 account permitted at any time \nAn individual may not, at any time, concurrently maintain— (i) a privately-administered individual security account with each of 2 or more certified institutions; or (ii) a privately-administered and a Federally-administered individual security account. (D) Effect \nA designation under this paragraph has (with respect to the individual's respective accounts, before and after such designation) the same effect as results following a designation under paragraph (2) (with respect to the Federally-administered and privately-administered accounts involved).", "id": "H4E54153A38814020AB5DD64A8646591", "header": "Option To Designate a Privately-Administered Individual Security Account", "nested": [], "links": [] } ], "links": [] }, { "text": "253. Distributions from individual security accounts \n(a) Date of Earliest Distribution \nExcept as provided in subsection (c), distributions may not be made from the Federally-administered or privately-administered individual security account of an eligible individual (as the case may be) before the earlier of— (1) the date the eligible individual attains normal retirement age, as determined under section 216 (or early retirement age, as so determined, if elected by such individual), or (2) the date on which funds in the eligible individual's account are sufficient to provide a monthly payment over the life expectancy of the eligible individual (determined under reasonable actuarial assumptions) which, when added to the eligible individual's monthly benefit under part A (if any), is at least equal to an amount equal to 1/12 of 185 percent of the poverty line (as defined in section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) and determined on such date for a family of the size involved) and adjusted annually thereafter by the adjustment determined under section 215(i). (b) Forms of Distribution \n(1) Required monthly payments \nExcept as provided in paragraph (2), beginning as of the date distributions begin to be made in accordance with subsection (a), the balance in the individual security account available to provide monthly payments not in excess of the amount described in subsection (a)(2) shall be paid, as elected by the account holder (in such form and manner as shall be prescribed in regulations of the Individual Security Fund Board or the Securities and Exchange Commission, as applicable), by means of the purchase of annuities or equal monthly payments over the life expectancy of the eligible individual (determined under reasonable actuarial assumptions) in accordance with requirements (which shall be provided in regulations of the Board or Commission, as applicable) similar to the requirements applicable to payments of benefits under subchapter III of chapter 84 of title 5, United States Code. (2) Payment of excess funds \nTo the extent funds remain in an eligible individual's Federally-administered or privately-administered individual security account (as the case may be) after the application of paragraph (1) and to the extent not inconsistent with the provisions of subchapter III of chapter 84 of title 5, United States Code, such funds shall be payable to the eligible individual in such manner and in such amounts as determined by the eligible individual. (c) Distribution in the event of death before the date of initial distribution \nIf the eligible individual dies before the date determined under subsection (a), the balance in such individual's individual security account shall be distributed to the individual's heirs under rules established by the Individual Security Fund Board or the Securities and Exchange Commission, as applicable.", "id": "HA1B9C58DA6BB4E289E44E402DA0085E", "header": "Distributions from individual security accounts", "nested": [ { "text": "(a) Date of Earliest Distribution \nExcept as provided in subsection (c), distributions may not be made from the Federally-administered or privately-administered individual security account of an eligible individual (as the case may be) before the earlier of— (1) the date the eligible individual attains normal retirement age, as determined under section 216 (or early retirement age, as so determined, if elected by such individual), or (2) the date on which funds in the eligible individual's account are sufficient to provide a monthly payment over the life expectancy of the eligible individual (determined under reasonable actuarial assumptions) which, when added to the eligible individual's monthly benefit under part A (if any), is at least equal to an amount equal to 1/12 of 185 percent of the poverty line (as defined in section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) and determined on such date for a family of the size involved) and adjusted annually thereafter by the adjustment determined under section 215(i).", "id": "HD7947A58C5404E5CBED26C8097BAAC8", "header": "Date of Earliest Distribution", "nested": [], "links": [ { "text": "42 U.S.C. 9902(2)", "legal-doc": "usc", "parsable-cite": "usc/42/9902" } ] }, { "text": "(b) Forms of Distribution \n(1) Required monthly payments \nExcept as provided in paragraph (2), beginning as of the date distributions begin to be made in accordance with subsection (a), the balance in the individual security account available to provide monthly payments not in excess of the amount described in subsection (a)(2) shall be paid, as elected by the account holder (in such form and manner as shall be prescribed in regulations of the Individual Security Fund Board or the Securities and Exchange Commission, as applicable), by means of the purchase of annuities or equal monthly payments over the life expectancy of the eligible individual (determined under reasonable actuarial assumptions) in accordance with requirements (which shall be provided in regulations of the Board or Commission, as applicable) similar to the requirements applicable to payments of benefits under subchapter III of chapter 84 of title 5, United States Code. (2) Payment of excess funds \nTo the extent funds remain in an eligible individual's Federally-administered or privately-administered individual security account (as the case may be) after the application of paragraph (1) and to the extent not inconsistent with the provisions of subchapter III of chapter 84 of title 5, United States Code, such funds shall be payable to the eligible individual in such manner and in such amounts as determined by the eligible individual.", "id": "HAEC3D7E1B9EF4355B3DF51EFEFBCCCA5", "header": "Forms of Distribution", "nested": [], "links": [ { "text": "chapter 84", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/84" }, { "text": "chapter 84", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/84" } ] }, { "text": "(c) Distribution in the event of death before the date of initial distribution \nIf the eligible individual dies before the date determined under subsection (a), the balance in such individual's individual security account shall be distributed to the individual's heirs under rules established by the Individual Security Fund Board or the Securities and Exchange Commission, as applicable.", "id": "HFDF14DC92F5643628867C820AA8FF40", "header": "Distribution in the event of death before the date of initial distribution", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 9902(2)", "legal-doc": "usc", "parsable-cite": "usc/42/9902" }, { "text": "chapter 84", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/84" }, { "text": "chapter 84", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/84" } ] }, { "text": "261. Individual security fund \nThere shall be established and maintained in the Treasury of the United States an Individual Security Fund in the same manner as the Thrift Savings Fund under sections 8437 (excluding paragraphs (4) and (5) of subsection (c) thereof), 8438, and 8439 of title 5, United States Code.", "id": "H9D1A958181DC431DB2F0B297CCDCD766", "header": "Individual security fund", "nested": [], "links": [] }, { "text": "262. Individual security fund board \n(a) Establishment \nThere shall be established and maintained in the Social Security Administration an Individual Security Fund Board in the same manner as the Federal Retirement Thrift Investment Board under subchapter VII of chapter 84 of title 5, United States Code. (b) Specific investment and reporting duties \nThe Individual Security Fund Board shall manage and report on the activities of the Individual Security Fund and on Federally-administered individual security accounts in the same manner as the Federal Retirement Thrift Investment Board manages and reports on the Thrift Savings Fund and the individual accounts of such Fund under subchapter VII of chapter 84 of title 5, United States Code. (c) Budgetary treatment of individual security fund and accounts \nThe receipts and disbursements of the Individual Security Fund and any accounts within such Fund shall not be included in the totals of the budget of the United States Government as submitted by the President or of the congressional budget and shall be exempt from any general budget limitation imposed by statute on expenditures and net lending (budget outlays) of the United States Government. (d) Commissioner of social security as executive director \nThe Commissioner of Social Security shall have, with respect to the Individual Security Fund and accounts within such Fund, the same duties and responsibilities as does the Executive Director (appointed under section 8474(a) of title 5, United States Code) with respect to the Thrift Savings Fund and accounts within such Fund.", "id": "H43A3F59441664327A800B72D7FFB6BFD", "header": "Individual security fund board", "nested": [ { "text": "(a) Establishment \nThere shall be established and maintained in the Social Security Administration an Individual Security Fund Board in the same manner as the Federal Retirement Thrift Investment Board under subchapter VII of chapter 84 of title 5, United States Code.", "id": "HC94DE11B5F324BCAA8CFD162A3CF249E", "header": "Establishment", "nested": [], "links": [ { "text": "chapter 84", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/84" } ] }, { "text": "(b) Specific investment and reporting duties \nThe Individual Security Fund Board shall manage and report on the activities of the Individual Security Fund and on Federally-administered individual security accounts in the same manner as the Federal Retirement Thrift Investment Board manages and reports on the Thrift Savings Fund and the individual accounts of such Fund under subchapter VII of chapter 84 of title 5, United States Code.", "id": "H84BFDF0E01EE4384A4E292AF002F47B7", "header": "Specific investment and reporting duties", "nested": [], "links": [ { "text": "chapter 84", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/84" } ] }, { "text": "(c) Budgetary treatment of individual security fund and accounts \nThe receipts and disbursements of the Individual Security Fund and any accounts within such Fund shall not be included in the totals of the budget of the United States Government as submitted by the President or of the congressional budget and shall be exempt from any general budget limitation imposed by statute on expenditures and net lending (budget outlays) of the United States Government.", "id": "HC7B3562587C54CC1913616C54BB19F3D", "header": "Budgetary treatment of individual security fund and accounts", "nested": [], "links": [] }, { "text": "(d) Commissioner of social security as executive director \nThe Commissioner of Social Security shall have, with respect to the Individual Security Fund and accounts within such Fund, the same duties and responsibilities as does the Executive Director (appointed under section 8474(a) of title 5, United States Code) with respect to the Thrift Savings Fund and accounts within such Fund.", "id": "H50B9AD2018B64F21BE50DF30F75555B5", "header": "Commissioner of social security as executive director", "nested": [], "links": [ { "text": "section 8474(a)", "legal-doc": "usc", "parsable-cite": "usc/5/8474" } ] } ], "links": [ { "text": "chapter 84", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/84" }, { "text": "chapter 84", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/84" }, { "text": "section 8474(a)", "legal-doc": "usc", "parsable-cite": "usc/5/8474" } ] }, { "text": "271. Certification of institutions by securities and exchange commission \n(a) In general \nFor purposes of this part, any institution that is engaged, in a fiduciary capacity, in the business of maintaining accounts for individuals for purposes of investment may apply to the Securities and Exchange Commission (in such form and manner as the Commission shall by regulation require) for certification under this subpart. (b) Review requirements \nIn reviewing any application for certification under this subpart and determining whether to approve the application for certification, the Commission shall consider the following factors: (1) The financial history and condition of the institution. (2) The adequacy of the institution's capital structure. (3) The future earnings prospects of the institution. (4) The general character and fitness of the management of the institution. (5) The convenience and needs of individuals who are account holders with respect to personal retirement accounts for which the institution is to serve as trustee. (6) Whether the institution's corporate powers are consistent with the purposes of this part. (7) The institution's disclosure policies, including with respect to its administrative fees, investment policies, and investment activities. (8) The appropriateness of— (A) the fund or funds that such institution proposes to offer for purposes of this part, and (B) the criteria by which such institution will make future decisions regarding the selection of new funds or the making of any other modifications in the investment options offered by such institution for purposes of this part, as determined based on guidelines established by the Commission for purposes of this paragraph. (c) Notice of denial of application for certification \nIf the Commission votes to deny any application for certification by any institution, the Commission shall promptly notify the institution of the denial of such application, giving specific reasons in writing for the Commission's determination with reference to the factors described in subsection (b). (d) Nondelegation requirement \nThe authority of the Commission to make any determination to deny any application under this section may not be delegated by the Commission.", "id": "H2626D9DD0E7F42D592F0F959D9D158D", "header": "Certification of institutions by securities and exchange commission", "nested": [ { "text": "(a) In general \nFor purposes of this part, any institution that is engaged, in a fiduciary capacity, in the business of maintaining accounts for individuals for purposes of investment may apply to the Securities and Exchange Commission (in such form and manner as the Commission shall by regulation require) for certification under this subpart.", "id": "H500955956F26433EA92D83C3B3159FAE", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Review requirements \nIn reviewing any application for certification under this subpart and determining whether to approve the application for certification, the Commission shall consider the following factors: (1) The financial history and condition of the institution. (2) The adequacy of the institution's capital structure. (3) The future earnings prospects of the institution. (4) The general character and fitness of the management of the institution. (5) The convenience and needs of individuals who are account holders with respect to personal retirement accounts for which the institution is to serve as trustee. (6) Whether the institution's corporate powers are consistent with the purposes of this part. (7) The institution's disclosure policies, including with respect to its administrative fees, investment policies, and investment activities. (8) The appropriateness of— (A) the fund or funds that such institution proposes to offer for purposes of this part, and (B) the criteria by which such institution will make future decisions regarding the selection of new funds or the making of any other modifications in the investment options offered by such institution for purposes of this part, as determined based on guidelines established by the Commission for purposes of this paragraph.", "id": "H3EF64EFF5C98432F98005D2E0835CEAE", "header": "Review requirements", "nested": [], "links": [] }, { "text": "(c) Notice of denial of application for certification \nIf the Commission votes to deny any application for certification by any institution, the Commission shall promptly notify the institution of the denial of such application, giving specific reasons in writing for the Commission's determination with reference to the factors described in subsection (b).", "id": "HD846748CC7764D7EB682C83C350085B2", "header": "Notice of denial of application for certification", "nested": [], "links": [] }, { "text": "(d) Nondelegation requirement \nThe authority of the Commission to make any determination to deny any application under this section may not be delegated by the Commission.", "id": "HEC0A5CF1A4044F1EA6C955F669AA61C", "header": "Nondelegation requirement", "nested": [], "links": [] } ], "links": [] }, { "text": "272. Revocation of certification \n(a) In general \nThe Securities and Exchange Commission shall prescribe regulations in accordance with which the certified status of an institution may be voluntarily or involuntarily revoked. (b) Judicial review \nAny party to any involuntary revocation proceeding under this section to which an institution is a party may obtain a review of any order served pursuant to this section by the filing in the court of appeals of the United States for the circuit in which the home office of the institution is located, or in the United States Court of Appeals for the District of Columbia Circuit, within 30 days after the date of service of such order, a written petition praying that the order of the Commission be modified, terminated, or set aside. A copy of such petition shall be forthwith transmitted by the clerk of the court to the Commission, and thereupon the Commission shall file in the court the record in the proceeding, as provided in section 2112 of title 28, United States Code. Upon the filing of such petition, such court shall have jurisdiction, which upon the filing of the record shall be exclusive, to affirm, modify, terminate, or set aside, in whole or in part, the order of the Commission. Review of such proceedings shall be had as provided in chapter 7 of title 5, United States Code. The judgment and decree of the court shall be final, except that the judgment and decree shall be subject to review by the Supreme Court upon certiorari, as provided in section 1254 of title 28, United States Code. The commencement of proceedings for judicial review under this subsection shall not, unless specifically ordered by the court, operate as a stay of any order issued by the Commission.", "id": "HD4B6EE397E0E4133BB72AA2B23B2BC5E", "header": "Revocation of certification", "nested": [ { "text": "(a) In general \nThe Securities and Exchange Commission shall prescribe regulations in accordance with which the certified status of an institution may be voluntarily or involuntarily revoked.", "id": "H6B6876E86DA94D91818E264E37C8581B", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Judicial review \nAny party to any involuntary revocation proceeding under this section to which an institution is a party may obtain a review of any order served pursuant to this section by the filing in the court of appeals of the United States for the circuit in which the home office of the institution is located, or in the United States Court of Appeals for the District of Columbia Circuit, within 30 days after the date of service of such order, a written petition praying that the order of the Commission be modified, terminated, or set aside. A copy of such petition shall be forthwith transmitted by the clerk of the court to the Commission, and thereupon the Commission shall file in the court the record in the proceeding, as provided in section 2112 of title 28, United States Code. Upon the filing of such petition, such court shall have jurisdiction, which upon the filing of the record shall be exclusive, to affirm, modify, terminate, or set aside, in whole or in part, the order of the Commission. Review of such proceedings shall be had as provided in chapter 7 of title 5, United States Code. The judgment and decree of the court shall be final, except that the judgment and decree shall be subject to review by the Supreme Court upon certiorari, as provided in section 1254 of title 28, United States Code. The commencement of proceedings for judicial review under this subsection shall not, unless specifically ordered by the court, operate as a stay of any order issued by the Commission.", "id": "H4AD2782397784E94A7E13D3BF4E00D0", "header": "Judicial review", "nested": [], "links": [ { "text": "section 2112", "legal-doc": "usc", "parsable-cite": "usc/28/2112" }, { "text": "chapter 7", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/7" }, { "text": "section 1254", "legal-doc": "usc", "parsable-cite": "usc/28/1254" } ] } ], "links": [ { "text": "section 2112", "legal-doc": "usc", "parsable-cite": "usc/28/2112" }, { "text": "chapter 7", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/7" }, { "text": "section 1254", "legal-doc": "usc", "parsable-cite": "usc/28/1254" } ] }, { "text": "273. Fiduciary duties \n(a) In general \nIn the case of a privately-administered individual security account which does not form part of an individual account plan covered under part 4 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, rules similar to the rules of such part 4 applicable to individual account plans covered under such part 4 shall apply with respect to a privately-administered individual security account and the terms of any arrangement under which such account is maintained. (b) General requirements \nIn applying under subsection (a) the rules of part 4 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 in the case of a privately-administered individual security account, references in such part to the Secretary of Labor shall be deemed to be references to the Securities and Exchange Commission, references in such part to a participants or beneficiary in connection with an individual account plan covered under such part shall be deemed to be references to the account holder with respect to the privately-administered individual security account, and references in such part to the plan administrator or plan sponsor in connection with an individual account plan covered under such part shall be deemed to be references to the trustee of the privately-administered individual security account. (c) Limitation on liability \nAny account holder who issues an instruction to the trustee of the account directing an investment of funds held in the account shall sign an acknowledgement prescribed by the Securities and Exchange Commission which states that the account holder understands that an investment of any amount in the account is made at the account holder's risk, that the account holder is not protected by the Government or by the trustee against any loss on such investment, and that a return on such investment is not guaranteed by the Government or by the trustee. Notwithstanding the preceding provisions of this section and any other provision of Federal or State law, the trustee of a privately-administered individual security account shall not be liable for losses suffered in connection with any investment of assets held in the account unless it is shown by clear and convincing evidence that the trustee did not act in the manner in which a reasonable trustee would act under the circumstances then prevailing in evaluating the risk and reward properties of the investment option involved.", "id": "H425483F2D56F4676A900D18718A90000", "header": "Fiduciary duties", "nested": [ { "text": "(a) In general \nIn the case of a privately-administered individual security account which does not form part of an individual account plan covered under part 4 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, rules similar to the rules of such part 4 applicable to individual account plans covered under such part 4 shall apply with respect to a privately-administered individual security account and the terms of any arrangement under which such account is maintained.", "id": "HDFB22AF57E064E07A54BF39F6B40862F", "header": "In general", "nested": [], "links": [] }, { "text": "(b) General requirements \nIn applying under subsection (a) the rules of part 4 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 in the case of a privately-administered individual security account, references in such part to the Secretary of Labor shall be deemed to be references to the Securities and Exchange Commission, references in such part to a participants or beneficiary in connection with an individual account plan covered under such part shall be deemed to be references to the account holder with respect to the privately-administered individual security account, and references in such part to the plan administrator or plan sponsor in connection with an individual account plan covered under such part shall be deemed to be references to the trustee of the privately-administered individual security account.", "id": "H55DABBF9F3AA48E6A74B9BDFB128CF83", "header": "General requirements", "nested": [], "links": [] }, { "text": "(c) Limitation on liability \nAny account holder who issues an instruction to the trustee of the account directing an investment of funds held in the account shall sign an acknowledgement prescribed by the Securities and Exchange Commission which states that the account holder understands that an investment of any amount in the account is made at the account holder's risk, that the account holder is not protected by the Government or by the trustee against any loss on such investment, and that a return on such investment is not guaranteed by the Government or by the trustee. Notwithstanding the preceding provisions of this section and any other provision of Federal or State law, the trustee of a privately-administered individual security account shall not be liable for losses suffered in connection with any investment of assets held in the account unless it is shown by clear and convincing evidence that the trustee did not act in the manner in which a reasonable trustee would act under the circumstances then prevailing in evaluating the risk and reward properties of the investment option involved.", "id": "HB0743A0686504FA59DD787087B426DBB", "header": "Limitation on liability", "nested": [], "links": [] } ], "links": [] }, { "text": "281. Cause of action \nThe account holder with respect to a privately-administered individual security account who is adversely affected by an act or practice of any party (other than the Securities and Exchange Commission, the Social Security Administration, the Department of the Treasury, or any officer or employee of any of the foregoing) in violation of any provision of this part, may bring an action— (1) to enjoin such act or practice, or (2) to obtain other appropriate equitable relief (A) to redress such violation or (B) to enforce such provision.", "id": "H1035779A67374A1A99F179CF5FE9BA49", "header": "Cause of action", "nested": [], "links": [] }, { "text": "282. Jurisdiction and venue \nCivil actions under this subpart may be brought in the district courts of the United States in the district where the privately-administered individual security account is administered, where the violation took place, or where a defendant resides or may be found, and process may be served in any district where a defendant resides or may be found. The district courts of the United State shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to grant the relief provided for in section 281 in any action.", "id": "H2196AC19F26D458FB6B47388CB6C1EF8", "header": "Jurisdiction and venue", "nested": [], "links": [] }, { "text": "283. Right of securities and exchange commission to intervene \nA copy of the complaint or notice of appeal in any action under this subpart shall be served upon the Securities and Exchange Commission by certified mail. The Commission shall each have the right to intervene in any action.", "id": "H50113A2F2E7341B8ADF343E023D4A831", "header": "Right of securities and exchange commission to intervene", "nested": [], "links": [] }, { "text": "284. Awards of costs and expenses \nIn any action brought under this subpart, the court in its discretion may award all or a portion of the costs and expenses incurred in connection with such action, including reasonable attorney's fees, to any party who prevails or substantially prevails in such action.", "id": "H402BF208CE284E5CACF338F2EEA689ED", "header": "Awards of costs and expenses", "nested": [], "links": [] }, { "text": "285. Limitation on actions \n(a) In General \nExcept as provided in subsection (c), an action under this subpart may not be brought after the later of— (1) 6 years after the date on which the cause of action arose, or (2) 3 years after the applicable date specified in subsection (b). (b) Applicable date \nThe applicable date specified in this subsection is the earliest date on which the plaintiff acquired or should have acquired actual knowledge of the existence of such cause of action. (c) Cases of fraud or concealment \nIn the case of fraud or concealment, the period described in subsection (a)(2) shall be extended to 6 years after the applicable date specified in subsection (b).", "id": "H27848B15E07243DF82C2B058C5DAD7E", "header": "Limitation on actions", "nested": [ { "text": "(a) In General \nExcept as provided in subsection (c), an action under this subpart may not be brought after the later of— (1) 6 years after the date on which the cause of action arose, or (2) 3 years after the applicable date specified in subsection (b).", "id": "H81BB056A39EE4103A9A8FC83D7ED757F", "header": "In General", "nested": [], "links": [] }, { "text": "(b) Applicable date \nThe applicable date specified in this subsection is the earliest date on which the plaintiff acquired or should have acquired actual knowledge of the existence of such cause of action.", "id": "H7A6EFE740FF440DC9F139FA12188076C", "header": "Applicable date", "nested": [], "links": [] }, { "text": "(c) Cases of fraud or concealment \nIn the case of fraud or concealment, the period described in subsection (a)(2) shall be extended to 6 years after the applicable date specified in subsection (b).", "id": "HB26E7321F928489A9D058DDC117DF7A7", "header": "Cases of fraud or concealment", "nested": [], "links": [] } ], "links": [] }, { "text": "286. Penalty for failure to timely provide required information \nThe Securities and Exchange Commission may assess a penalty, payable to it, against any person who fails to provide any notice or other material information required under this part or any regulations prescribed under this part within the applicable time limit specified therein. Such penalty shall not exceed $1,000 for each day for which such failure continues.", "id": "H90C5950016C44542A9D8231EBF27662E", "header": "Penalty for failure to timely provide required information", "nested": [], "links": [] }, { "text": "287. Actions by securities and exchange commission \nIf any person is assessed under this subpart and fails to pay the assessment when due, or any person otherwise fails to meet any requirement of this part, the Securities and Exchange Commission may bring a civil action in any district court of the United States within the jurisdiction of which such person's assets are located or in which such person resides or is found for the recovery of the amount of the assessment or for appropriate equitable relief to redress the violation or enforce the provisions of this part, and process may be served in any other district. The district courts of the United States shall have jurisdiction over actions brought under this section by the Commission without regard to the amount in controversy.", "id": "H31A5DB74739D42A883F461F2A054E8AE", "header": "Actions by securities and exchange commission", "nested": [], "links": [] }, { "text": "288. Criminal penalty for fraud or intentional misrepresentation in connection with investment options \nAny person who makes, or causes to be made, a statement or representation of a material fact for use in selecting an investment option that the person knows or should know is false or misleading or knows or should know omits a material fact or makes such a statement with knowing disregard for the truth shall upon conviction be fined not more than $500,000 or imprisoned for not more than 5 years, or both.", "id": "H3E3C05EC90DD497DBB2411F8BECD657", "header": "Criminal penalty for fraud or intentional misrepresentation in connection with investment options", "nested": [], "links": [] }, { "text": "54. Individual security account credit \n(a) Allowance of credit \nEach part B eligible individual is entitled to a credit for the taxable year in an amount equal to the sum of— (1) $150, (2) 50 percent of the designated wages of such individual for the taxable year, (3) 50 percent of the designated self-employment income of such individual for the taxable year, and (4) 50 percent of the designated earned income credit. (b) Limitations \n(1) Amount \nThe amount determined under paragraphs (2) and (3) of subsection (a) with respect to such individual for any taxable year may not exceed the excess (if any) of— (A) $600, over (B) the sum of the amounts received by the Secretary on behalf of such individual under subparagraphs (A) and (B) of section 3101(a)(2) and subparagraphs (A) and (B) of 1401(a)(2) for the taxable year. (2) Failure to make voluntary contributions \nIn the case of a part B eligible individual with respect to whom the amount of wages designated under section 3101(a)(2)(C) plus the amount self-employment income designated under section 1401(a)(2)(C) for the taxable year is zero, the credit to which such individual is entitled under this section shall be equal to zero. (c) Definitions \nFor purposes of this section— (1) Part B eligible individual \nThe term part B eligible individual means, for any calendar year, an individual who is an eligible individual (as defined in section 251(a)(2) of the Social Security Act) for such calendar year. (2) Designated wages \nThe term designated wages means with respect to any taxable year the amount designated under section 3101(a)(2)(C). (3) Designated self-employment income \nThe term designated self-employment income means with respect to any taxable year the amount designated under section 1401(a)(2)(C) for such taxable year. (4) Designated earned income credit \nThe term designated earned income credit means the amount of the credit allowed under section 32 for the taxable year that is designated by the part B eligible individual in the same manner as described in section 251(c) of the Social Security Act. (d) Credit Used Only for Individual Security Account \nFor purposes of this title, the credit allowed under this section with respect to any part B eligible individual— (1) shall not be treated as a credit allowed under this part, but (2) shall be treated as an overpayment of tax under section 6401(b)(3) which may, in accordance with section 6402(l), only be transferred to an individual security account established under part B of title II of the Social Security Act with respect to such individual.", "id": "HE5E4343DB9FA437AA3AFAD2E4900B085", "header": "Individual security account credit", "nested": [ { "text": "(a) Allowance of credit \nEach part B eligible individual is entitled to a credit for the taxable year in an amount equal to the sum of— (1) $150, (2) 50 percent of the designated wages of such individual for the taxable year, (3) 50 percent of the designated self-employment income of such individual for the taxable year, and (4) 50 percent of the designated earned income credit.", "id": "H418F284E0D954B1D8E3883B424C3874E", "header": "Allowance of credit", "nested": [], "links": [] }, { "text": "(b) Limitations \n(1) Amount \nThe amount determined under paragraphs (2) and (3) of subsection (a) with respect to such individual for any taxable year may not exceed the excess (if any) of— (A) $600, over (B) the sum of the amounts received by the Secretary on behalf of such individual under subparagraphs (A) and (B) of section 3101(a)(2) and subparagraphs (A) and (B) of 1401(a)(2) for the taxable year. (2) Failure to make voluntary contributions \nIn the case of a part B eligible individual with respect to whom the amount of wages designated under section 3101(a)(2)(C) plus the amount self-employment income designated under section 1401(a)(2)(C) for the taxable year is zero, the credit to which such individual is entitled under this section shall be equal to zero.", "id": "HF59BE1E5D66C4F94A636BDDE00B885A", "header": "Limitations", "nested": [], "links": [] }, { "text": "(c) Definitions \nFor purposes of this section— (1) Part B eligible individual \nThe term part B eligible individual means, for any calendar year, an individual who is an eligible individual (as defined in section 251(a)(2) of the Social Security Act) for such calendar year. (2) Designated wages \nThe term designated wages means with respect to any taxable year the amount designated under section 3101(a)(2)(C). (3) Designated self-employment income \nThe term designated self-employment income means with respect to any taxable year the amount designated under section 1401(a)(2)(C) for such taxable year. (4) Designated earned income credit \nThe term designated earned income credit means the amount of the credit allowed under section 32 for the taxable year that is designated by the part B eligible individual in the same manner as described in section 251(c) of the Social Security Act.", "id": "HC551BFBB4198439383C103435575C19C", "header": "Definitions", "nested": [], "links": [] }, { "text": "(d) Credit Used Only for Individual Security Account \nFor purposes of this title, the credit allowed under this section with respect to any part B eligible individual— (1) shall not be treated as a credit allowed under this part, but (2) shall be treated as an overpayment of tax under section 6401(b)(3) which may, in accordance with section 6402(l), only be transferred to an individual security account established under part B of title II of the Social Security Act with respect to such individual.", "id": "H0A180C81CA814EB685F751CE04DDF5FA", "header": "Credit Used Only for Individual Security Account", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Minimum social security benefit \nSection 215 of the Social Security Act ( 42 U.S.C. 415 ) is amended by adding at the end the following: (j) Minimum monthly insurance benefit \n(1) Notwithstanding the preceding provisions of this section— (A) the primary insurance amount of a qualified individual shall be equal to the greater of— (i) the primary insurance amount determined under this section (without regard to this subsection), or (ii) 1/12 of the applicable percentage of the applicable amount, and rounded, if not a multiple of $0.10, to the next lower multiple of $0.10, and thereafter increased as provided in subsection (i), and (B) any recomputation of the primary insurance amount of a qualified individual shall not result in a primary insurance amount less than the primary insurance amount as in effect immediately prior to such recomputation. (2) For purposes of this subsection— (A) The term qualified individual means an individual— (i) who initially becomes eligible for old-age or disability insurance benefits, or dies (before becoming eligible for such benefits) for a month beginning after December 31, 2009, and (ii) who, in the case of any such individual other than an individual eligible for old-age insurance benefits, has quarters of coverage greater in number than the number of such individual’s elapsed years (as defined in subsection (a)(1)(C)(ii)). (B) The term applicable amount means, in connection with an individual, $8,628, adjusted annually for years after 2002— (i) by the CPI increase percentage determined under section 215(i) for 2003 through the earlier of— (I) the year prior to the year of the individual’s initial eligibility, or (II) 2012; and (ii) by the wage increase percentage determined under such section for 2013 through the second year prior to the year of such individual’s initial eligibility. (C) (i) In the case of a qualified individual described in subparagraph (A)(i), the term applicable percentage means the sum of— (I) the product derived by multiplying 2.0 percent by the number of such individual’s quarters of coverage, to the extent that the number of such quarters of coverage does not exceed 80, and (II) the product derived by multiplying 0.5 percent by the number of such individual’s quarters of coverage, to the extent that the number of such quarters of coverage is in excess of 80 but does not exceed 120. (ii) In the case of a qualified individual described in subparagraph (A)(ii), the term applicable percentage means the sum of— (I) the product derived by multiplying the higher pro-rated percentage increment by the number of such individual’s quarters of coverage, to the extent that the number of such quarters of coverage exceeds the number of such individual’s elapsed years (as defined in subsection (a)(10(C)(ii)) but does not exceed twice the number of such elapsed years, and (II) the product derived by multiplying the lower pro-rated percentage increment by the number of such individual’s quarters of coverage, to the extent that the number of such quarters of coverage exceeds twice the number of such elapsed years but does not exceed 4 times the number of such elapsed years. (iii) For purposes of clause (ii)— (I) the higher pro-rated percentage increment, in connection with the qualified individual, is the quotient obtained by dividing 80 percent by the number of the individual’s elapsed years, and (II) the lower pro-rated percentage increment, in connection with the qualified individual, is the quotient obtained by dividing 40 percent by twice the number of the individual’s elapsed years, each of which is rounded, if a multiple of 0.05 percent and not of 0.10 percent, to the next higher multiple of 0.10 percent, and in any other case to the next higher multiple of 0.10 percent. (3) In the case of a qualified individual who becomes eligible for old-age or disability insurance benefits, or who dies (before becoming eligible to such benefits) in a year prior to 2013, in lieu of the amount otherwise determined under paragraph (a)(A)(ii), the amount provided under paragraph (1)(A)(ii) shall be deemed to be equal to the the product derived by multiplying such amount otherwise determined by the percentage set forth in the following table in connection with such year, rounded, if not a multiple of $0.10, to the next lower multiple of $0.10. The applicable If the year is: percentage is: 2009 20 2010 40 2011 60 2012 80..", "id": "H72000943033549A4A453BCF4FFCA4D4C", "header": "Minimum social security benefit", "nested": [], "links": [ { "text": "42 U.S.C. 415", "legal-doc": "usc", "parsable-cite": "usc/42/415" } ] }, { "text": "4. Reduction in the amount of certain transfers to medicare trust fund \nSubparagraph (A) of section 121(e)(1) of the Social Security Amendments of 1983 ( 42 U.S.C. 401 note), as amended by section 13215(c)(1) of the Omnibus Budget Reconciliation Act of 1993, is amended— (1) in clause (ii), by striking the amounts and inserting the applicable percentage of the amounts ; and (2) by adding at the end the following: For purposes of clause (ii), the applicable percentage for a year is equal to 100 percent, reduced (but not below zero) by 10 percentage points for each year after 2010..", "id": "HB7A1AEDCD2984DACA32D8412E13BC981", "header": "Reduction in the amount of certain transfers to medicare trust fund", "nested": [], "links": [ { "text": "42 U.S.C. 401", "legal-doc": "usc", "parsable-cite": "usc/42/401" } ] }, { "text": "5. Revised formula for average indexed monthly earnings \n(a) In general \nSo much of subsection (b) of section 215 of the Social Security Act ( 42 U.S.C. 415 ) as precedes paragraph (3) is amended to read as follows: (b) Average indexed monthly earnings; average monthly wage \n(1) (A) In the case of an individual who is entitled to old-age insurance benefits (except as provided in paragraph (2)(C)), or who has died (before becoming eligible for such benefits or disability insurance benefits), such individual’s average indexed monthly earnings shall be equal to the quotient obtained by dividing— (i) the total (after adjustment under paragraph (3)) of his wages paid in and self-employment income credited to his computation base years (determined under subparagraph (C)(i)), by (ii) the product derived by multiplying— (I) the number of such individual’s elapsed years (determined under subparagraph (C)(ii)), by (II) 12. (B) (i) For purposes of clause (i) of subparagraph (A), in the case of an individual who becomes eligible for old-age insurance benefits, or dies (before becoming eligible for such benefits or disability insurance benefits), in any calendar year after 2004 and before 2013, if the number of such individual’s computation base years exceed in number the maximum number for such calendar year, those computation base years referred to in such clause shall consist only of those computation base years, equal in number to such maximum number, for which the total of such individual’s wages and self-employment income, after adjustment under paragraph (3), is the largest. For purposes of this clause, the maximum number for a calendar year is the maximum number set forth in connection with such calendar year in the following table: The maximum number If the calendar year is: of years is: 2005 or 2006 37 2007 or 2008 39 2009 or 2010 41 2011 or 2012 43 (ii) For purposes of subclause (I) of subparagraph (A)(ii), in the case of an individual who becomes eligible for old-age insurance benefits, or dies (before becoming eligible for such benefits or disability insurance benefits), in any calendar year after 2004, if the number of such individual’s elapsed years exceed in number the maximum number for such calendar year, the number of elapsed years referred to in such subclause shall be deemed equal to such maximum number. For purposes of this clause, the maximum number for a calendar year is the maximum number set forth in connection with such calendar year in the following table: The maximum number If the calendar year is: of years is: 2005 or 2006 36 2007 or 2008 37 2009 or 2010 38 2011 or 2012 39 after 2012 40 (iii) In any case in which— (I) an individual described in clause (ii) is married at the time the individual becomes eligible for old-age insurance benefits or dies (before becoming eligible for such benefits), and (II) the total of the wages paid in and self-employment income credited to the individual’s computation base years under subparagraph (A)(i) is less that the total of the wages paid in and self-employment income credited to the computation base years of the individual’s spouse under subparagraph (A)(i), then the maximum number of such individual’s elapsed years determined under clause (ii) shall be deemed to be 35. (C) For purposes of this subsection with respect to any individual— (i) the term contribution base year means the calendar years after 1950 and before— (I) in the case of an individual entitled to old-age insurance benefits or disability insurance benefits, the year in which occurred (whether by reason of section 202(j)(1) or otherwise) the first month of that entitlement, or (II) in the case of an individual who has died (without having become entitled to old-age insurance benefits), the year succeeding the year of his death, except that such term excludes any calendar year entirely included in a period of disability, and (ii) the term elapsed year means (except as otherwise provided by section 104(j)(2) of the Social Security Amendments of 1972) a calendar year— (I) after 1950 (or, if later, the year in which the individual attained age 21), and (II) before the year in which the individual died, or, if it occurred earlier (but after 1960), the year in which he attained age 62; except that such term excludes any calendar year any part of which is included in a period of disability. (2) (A) In the case of an individual who is entitled to disability insurance benefits, such individual’s average indexed monthly earnings shall be equal to the quotient obtained by dividing— (i) the total (after adjustment under paragraph (3)) of his wages paid in and self-employment income credited to his elapsed years (determined under paragraph (1)(C)(ii)) prior to his current period of disability, equal in number to the reduced number determined under subparagraph (B), for which the total of such individual’s wages and self-employment income, after adjustment under paragraph (3), is the largest, by (ii) the product derived by multiplying— (I) the number of the individual’s elapsed years, by (II) 12. (B) The reduced number of an individual’s elapsed years, determined under this subparagraph for purposes of subparagraph (A)(i), is the number of such elapsed years, reduced by the number of years equal to one-fifth of such number of elapsed years (disregarding any resulting fractional part of a year), but not by more than 5 years. (C) (i) This paragraph, once applicable with respect to any individual, shall continue to apply for purposes of determining such individual’s primary insurance amount for purposes of any subsequent eligibility for disability or old-age insurance benefits, unless, prior to the month in which such eligibility begins, there occurs a period of at least 12 consecutive months for which he was not entitled to a disability or an old-age insurance benefit. (ii) If an individual to which this paragraph applies is living with a child (of such individual or his or her spouse) under the age of 3 in any calendar year which is included in such individual’s elapsed years, but which is not disregarded pursuant to subparagraphs (A)(i) and (B) by reason of the reduction in the number of such individual’s elapsed years under subparagraph (B), the number by which the number of such elapsed years is reduced under subparagraph (B) shall be increased by one (up to a combined total not exceeding 3) for each such calendar year, except that— (I) no calendar year shall be disregarded by reason of this clause (in determining elapsed years to be taken into account under subparagraph (A)(i)) unless the individual was living with such child substantially throughout the period in which the child was alive and under the age of 3 in such year and the individual had no earnings as described in section 203(f)(5) in such year, (II) the particular calendar years to be disregarded under this clause (in determining such elapsed years) shall be those years (not otherwise disregarded under subparagraph (B)) which, before the application of section 215(f), meet the conditions of subclause (I), and (III) this clause shall apply only to the extent that its application would not result in a lower primary insurance amount. (D) The reduction in the number of elapsed years taken into account under subparagraph (A)(i) resulting from the application of subparagraphs (B) and (C) shall not in any case reduce the number of elapsed years taken into account under subparagraph (A)(i) to less than 2.. (b) Conforming amendment \nSection 215(b)(3)(A) of such Act ( 42 U.S.C. 415(b)(3)(A) ) is amended by striking computation base years for purposes of the selection therefrom of benefit computation years under paragraph (2) and inserting for purposes of paragraphs (1)(B)(i) and (2)(A)(i). (c) Effective date \nThe amendment made by subsection (a) shall apply with respect to individuals initially becoming eligible for old-age or disability insurance benefits, or dying (before becoming eligible for such benefits), in any calendar year after 2008. For purposes of this subsection, and individual shall be deemed eligible for a benefit for a month if, upon filing application therefor in such month, such individual would be entitled to such benefit for such month.", "id": "HD4D128F725B0494E877348BA2901B268", "header": "Revised formula for average indexed monthly earnings", "nested": [ { "text": "(a) In general \nSo much of subsection (b) of section 215 of the Social Security Act ( 42 U.S.C. 415 ) as precedes paragraph (3) is amended to read as follows: (b) Average indexed monthly earnings; average monthly wage \n(1) (A) In the case of an individual who is entitled to old-age insurance benefits (except as provided in paragraph (2)(C)), or who has died (before becoming eligible for such benefits or disability insurance benefits), such individual’s average indexed monthly earnings shall be equal to the quotient obtained by dividing— (i) the total (after adjustment under paragraph (3)) of his wages paid in and self-employment income credited to his computation base years (determined under subparagraph (C)(i)), by (ii) the product derived by multiplying— (I) the number of such individual’s elapsed years (determined under subparagraph (C)(ii)), by (II) 12. (B) (i) For purposes of clause (i) of subparagraph (A), in the case of an individual who becomes eligible for old-age insurance benefits, or dies (before becoming eligible for such benefits or disability insurance benefits), in any calendar year after 2004 and before 2013, if the number of such individual’s computation base years exceed in number the maximum number for such calendar year, those computation base years referred to in such clause shall consist only of those computation base years, equal in number to such maximum number, for which the total of such individual’s wages and self-employment income, after adjustment under paragraph (3), is the largest. For purposes of this clause, the maximum number for a calendar year is the maximum number set forth in connection with such calendar year in the following table: The maximum number If the calendar year is: of years is: 2005 or 2006 37 2007 or 2008 39 2009 or 2010 41 2011 or 2012 43 (ii) For purposes of subclause (I) of subparagraph (A)(ii), in the case of an individual who becomes eligible for old-age insurance benefits, or dies (before becoming eligible for such benefits or disability insurance benefits), in any calendar year after 2004, if the number of such individual’s elapsed years exceed in number the maximum number for such calendar year, the number of elapsed years referred to in such subclause shall be deemed equal to such maximum number. For purposes of this clause, the maximum number for a calendar year is the maximum number set forth in connection with such calendar year in the following table: The maximum number If the calendar year is: of years is: 2005 or 2006 36 2007 or 2008 37 2009 or 2010 38 2011 or 2012 39 after 2012 40 (iii) In any case in which— (I) an individual described in clause (ii) is married at the time the individual becomes eligible for old-age insurance benefits or dies (before becoming eligible for such benefits), and (II) the total of the wages paid in and self-employment income credited to the individual’s computation base years under subparagraph (A)(i) is less that the total of the wages paid in and self-employment income credited to the computation base years of the individual’s spouse under subparagraph (A)(i), then the maximum number of such individual’s elapsed years determined under clause (ii) shall be deemed to be 35. (C) For purposes of this subsection with respect to any individual— (i) the term contribution base year means the calendar years after 1950 and before— (I) in the case of an individual entitled to old-age insurance benefits or disability insurance benefits, the year in which occurred (whether by reason of section 202(j)(1) or otherwise) the first month of that entitlement, or (II) in the case of an individual who has died (without having become entitled to old-age insurance benefits), the year succeeding the year of his death, except that such term excludes any calendar year entirely included in a period of disability, and (ii) the term elapsed year means (except as otherwise provided by section 104(j)(2) of the Social Security Amendments of 1972) a calendar year— (I) after 1950 (or, if later, the year in which the individual attained age 21), and (II) before the year in which the individual died, or, if it occurred earlier (but after 1960), the year in which he attained age 62; except that such term excludes any calendar year any part of which is included in a period of disability. (2) (A) In the case of an individual who is entitled to disability insurance benefits, such individual’s average indexed monthly earnings shall be equal to the quotient obtained by dividing— (i) the total (after adjustment under paragraph (3)) of his wages paid in and self-employment income credited to his elapsed years (determined under paragraph (1)(C)(ii)) prior to his current period of disability, equal in number to the reduced number determined under subparagraph (B), for which the total of such individual’s wages and self-employment income, after adjustment under paragraph (3), is the largest, by (ii) the product derived by multiplying— (I) the number of the individual’s elapsed years, by (II) 12. (B) The reduced number of an individual’s elapsed years, determined under this subparagraph for purposes of subparagraph (A)(i), is the number of such elapsed years, reduced by the number of years equal to one-fifth of such number of elapsed years (disregarding any resulting fractional part of a year), but not by more than 5 years. (C) (i) This paragraph, once applicable with respect to any individual, shall continue to apply for purposes of determining such individual’s primary insurance amount for purposes of any subsequent eligibility for disability or old-age insurance benefits, unless, prior to the month in which such eligibility begins, there occurs a period of at least 12 consecutive months for which he was not entitled to a disability or an old-age insurance benefit. (ii) If an individual to which this paragraph applies is living with a child (of such individual or his or her spouse) under the age of 3 in any calendar year which is included in such individual’s elapsed years, but which is not disregarded pursuant to subparagraphs (A)(i) and (B) by reason of the reduction in the number of such individual’s elapsed years under subparagraph (B), the number by which the number of such elapsed years is reduced under subparagraph (B) shall be increased by one (up to a combined total not exceeding 3) for each such calendar year, except that— (I) no calendar year shall be disregarded by reason of this clause (in determining elapsed years to be taken into account under subparagraph (A)(i)) unless the individual was living with such child substantially throughout the period in which the child was alive and under the age of 3 in such year and the individual had no earnings as described in section 203(f)(5) in such year, (II) the particular calendar years to be disregarded under this clause (in determining such elapsed years) shall be those years (not otherwise disregarded under subparagraph (B)) which, before the application of section 215(f), meet the conditions of subclause (I), and (III) this clause shall apply only to the extent that its application would not result in a lower primary insurance amount. (D) The reduction in the number of elapsed years taken into account under subparagraph (A)(i) resulting from the application of subparagraphs (B) and (C) shall not in any case reduce the number of elapsed years taken into account under subparagraph (A)(i) to less than 2..", "id": "HBA6E82B0686144199F55000182405434", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 415", "legal-doc": "usc", "parsable-cite": "usc/42/415" } ] }, { "text": "(b) Conforming amendment \nSection 215(b)(3)(A) of such Act ( 42 U.S.C. 415(b)(3)(A) ) is amended by striking computation base years for purposes of the selection therefrom of benefit computation years under paragraph (2) and inserting for purposes of paragraphs (1)(B)(i) and (2)(A)(i).", "id": "HAC581EBC7156498EB2443EB7EDD60305", "header": "Conforming amendment", "nested": [], "links": [ { "text": "42 U.S.C. 415(b)(3)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/415" } ] }, { "text": "(c) Effective date \nThe amendment made by subsection (a) shall apply with respect to individuals initially becoming eligible for old-age or disability insurance benefits, or dying (before becoming eligible for such benefits), in any calendar year after 2008. For purposes of this subsection, and individual shall be deemed eligible for a benefit for a month if, upon filing application therefor in such month, such individual would be entitled to such benefit for such month.", "id": "H3DD756FC8AEB48DD925E931046AD4D00", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 415", "legal-doc": "usc", "parsable-cite": "usc/42/415" }, { "text": "42 U.S.C. 415(b)(3)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/415" } ] }, { "text": "6. Actuarial adjustment for retirement \n(a) Early retirement \n(1) In general \nSection 202(q) of the Social Security Act ( 42 U.S.C. 402(q) ) is amended— (A) in paragraph (1)(A), by striking 5/9 and inserting the applicable old-age benefit fraction (determined under paragraph (12)(A)) , and by striking 25/36 and inserting the applicable spousal benefit fraction (determined under paragraph (12)(B)) ; and (B) by adding at the end the following: (12) For purposes of paragraph (1)(A)— (A) the applicable old-age benefit fraction for an individual who attains the age of 62 in— (i) any year before 2004, is 5/9 ; (ii) 2004, is 7/12 ; (iii) 2005, is 11/18 ; (iv) 2006, is 23/36 ; (v) 2007, is 2/3 ; and (vi) 2008 or any succeeding year, is 25/36 , and (B) the applicable spousal benefit fraction for an individual who becomes eligible for wife’s or husband’s insurance benefits in— (i) any year before 2004, is 25/36 ; (ii) 2004, is 35/48 ; (iii) 2005, is 55/72 ; (iv) 2006, is 115/144 ; (v) 2007, is 5/6 ; and (vi) 2008 or any succeeding year, is 125/144.. (2) Months beyond first 36 months \nSection 202(q) of such Act ( 42 U.S.C. 402(q)(9) ) (as amended by paragraph (1)) is amended— (A) in paragraph (9)(A), by striking five-twelfths and inserting the applicable fraction (determined under paragraph (13)) ; and (B) by adding at the end the following: (13) For purposes of paragraph (9)(A), the applicable fraction for an individual who becomes eligible for old-age, wife’s, or husband’s insurance benefits in— (A) any year before 2004, is 5/12 ; (B) 2004, is 16/36 ; (C) 2005, is 16/36 ; (D) 2006, is 17/36 ; (E) 2007, is 17/36 ; and (F) 2008 or any succeeding year, is 1/2.. (3) Eligibility \nSection 202(q) of such Act (as amended by the preceding provisions of this subsection) is amended further by adding at the end the following new paragraph: (14) For purposes of this subsection, an individual shall be deemed eligible for a benefit for a month if, upon filing application therefor in such month, such individual would be entitled to such benefit for such month.. (4) Effective date \nThe amendments made by this subsection shall apply to individuals who, in connection with old-age, wife’s, and husband’s insurance benefits under title II of the Social Security Act, become eligible for such benefits (within the meaning of section 202(q)(14) of such Act (as amended by this subsection) in years after 2003. (b) Delayed retirement \nSection 202(w)(6) of the Social Security Act ( 42 U.S.C. 402(w)(6) ) is amended— (1) in subparagraph (C), by striking and at the end; (2) in subparagraph (D), by striking 2004. and inserting 2004 and before 2007; ; and (3) by adding at the end the following: (E) 17/24 of 1 percent in the case of an individual who attains the age of 62 in a calendar year after 2006 and before 2009; (F) 3/4 of 1 percent in the case of an individual who attains the age of 62 in a calendar year after 2008 and before 2011; (G) 19/24 of 1 percent in the case of an individual who attains the age of 62 in a calendar year after 2010 and before 2013; and (H) 5/6 of 1 percent in the case of an individual who attains the age of 62 in a calendar year after 2012..", "id": "H8C4EE604090C4567A51188D9DC0067CF", "header": "Actuarial adjustment for retirement", "nested": [ { "text": "(a) Early retirement \n(1) In general \nSection 202(q) of the Social Security Act ( 42 U.S.C. 402(q) ) is amended— (A) in paragraph (1)(A), by striking 5/9 and inserting the applicable old-age benefit fraction (determined under paragraph (12)(A)) , and by striking 25/36 and inserting the applicable spousal benefit fraction (determined under paragraph (12)(B)) ; and (B) by adding at the end the following: (12) For purposes of paragraph (1)(A)— (A) the applicable old-age benefit fraction for an individual who attains the age of 62 in— (i) any year before 2004, is 5/9 ; (ii) 2004, is 7/12 ; (iii) 2005, is 11/18 ; (iv) 2006, is 23/36 ; (v) 2007, is 2/3 ; and (vi) 2008 or any succeeding year, is 25/36 , and (B) the applicable spousal benefit fraction for an individual who becomes eligible for wife’s or husband’s insurance benefits in— (i) any year before 2004, is 25/36 ; (ii) 2004, is 35/48 ; (iii) 2005, is 55/72 ; (iv) 2006, is 115/144 ; (v) 2007, is 5/6 ; and (vi) 2008 or any succeeding year, is 125/144.. (2) Months beyond first 36 months \nSection 202(q) of such Act ( 42 U.S.C. 402(q)(9) ) (as amended by paragraph (1)) is amended— (A) in paragraph (9)(A), by striking five-twelfths and inserting the applicable fraction (determined under paragraph (13)) ; and (B) by adding at the end the following: (13) For purposes of paragraph (9)(A), the applicable fraction for an individual who becomes eligible for old-age, wife’s, or husband’s insurance benefits in— (A) any year before 2004, is 5/12 ; (B) 2004, is 16/36 ; (C) 2005, is 16/36 ; (D) 2006, is 17/36 ; (E) 2007, is 17/36 ; and (F) 2008 or any succeeding year, is 1/2.. (3) Eligibility \nSection 202(q) of such Act (as amended by the preceding provisions of this subsection) is amended further by adding at the end the following new paragraph: (14) For purposes of this subsection, an individual shall be deemed eligible for a benefit for a month if, upon filing application therefor in such month, such individual would be entitled to such benefit for such month.. (4) Effective date \nThe amendments made by this subsection shall apply to individuals who, in connection with old-age, wife’s, and husband’s insurance benefits under title II of the Social Security Act, become eligible for such benefits (within the meaning of section 202(q)(14) of such Act (as amended by this subsection) in years after 2003.", "id": "H8C2BA15FFA7549F2A3606486DC2B184D", "header": "Early retirement", "nested": [], "links": [ { "text": "42 U.S.C. 402(q)", "legal-doc": "usc", "parsable-cite": "usc/42/402" }, { "text": "42 U.S.C. 402(q)(9)", "legal-doc": "usc", "parsable-cite": "usc/42/402" } ] }, { "text": "(b) Delayed retirement \nSection 202(w)(6) of the Social Security Act ( 42 U.S.C. 402(w)(6) ) is amended— (1) in subparagraph (C), by striking and at the end; (2) in subparagraph (D), by striking 2004. and inserting 2004 and before 2007; ; and (3) by adding at the end the following: (E) 17/24 of 1 percent in the case of an individual who attains the age of 62 in a calendar year after 2006 and before 2009; (F) 3/4 of 1 percent in the case of an individual who attains the age of 62 in a calendar year after 2008 and before 2011; (G) 19/24 of 1 percent in the case of an individual who attains the age of 62 in a calendar year after 2010 and before 2013; and (H) 5/6 of 1 percent in the case of an individual who attains the age of 62 in a calendar year after 2012..", "id": "HE477451A28074374ABD3B0E1940408A0", "header": "Delayed retirement", "nested": [], "links": [ { "text": "42 U.S.C. 402(w)(6)", "legal-doc": "usc", "parsable-cite": "usc/42/402" } ] } ], "links": [ { "text": "42 U.S.C. 402(q)", "legal-doc": "usc", "parsable-cite": "usc/42/402" }, { "text": "42 U.S.C. 402(q)(9)", "legal-doc": "usc", "parsable-cite": "usc/42/402" }, { "text": "42 U.S.C. 402(w)(6)", "legal-doc": "usc", "parsable-cite": "usc/42/402" } ] }, { "text": "7. CPI overstatement \n(a) Annual declarations of CPI overstatement \n(1) In general \nWhenever the Commissioner of the Bureau of Labor Statistics publishes the Consumer Price Index for All Urban Consumers for any month ending after the date of the enactment of this Act, such Commissioner shall also publish the CPI overstatement for such month. Not later than November 1, 2004, such Commissioner shall also publish the CPI overstatement for each month prior to the month in which this Act is enacted. (2) Determination of CPI overstatement \nFor purposes of paragraph (1), the CPI overstatement for a month is the excess (not less than zero) of— (A) the Consumer Price Index for All Urban Consumers for such month, over (B) the Chained Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics for such month (or the most recent prior month for which it was published, based on availability of necessary data). (b) Modifications to cost-of-living indexing of benefits \n(1) In general \nSection 215(i)(1)(G) of the Social Security Act ( 42 U.S.C. 415(i)(1)(G) ) is amended to read as follows: (G) the Consumer Price Index for a base quarter, a cost-of-living computation quarter, or any other calendar quarter shall be the arithmetical mean of such index for the 3 months in such quarter, except that, for purposes of this subparagraph, the Consumer Price Index for a month shall be deemed to be the excess of— (i) the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics for such month, over (ii) the CPI overstatement published by the Bureau of Labor Statistics for such month.. (2) Effective date \nThe amendment made by paragraph (1) shall apply with respect to increases under section 215(i) of the Social Security Act effective with the month of December of years after 2004. (c) Consumer price index adjustments applicable to the Internal Revenue Code provisions \n(1) In general \nParagraph (5) of section 1(f) of the Internal Revenue Code of 1986 (defining Consumer Price Index) is amended to read as follows: (5) Consumer price index \nFor purposes of paragraph (4), the term Consumer Price Index means the excess of— (A) the last Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics for any month, over (B) the CPI overstatement published by the Bureau of Labor Statistics for such month.. (2) Limitation on increases \nSubsection (f) of section 1 of such Code is amended by adding at the end the following new paragraph: (9) Computation of base to reflect limitation on CPI \nThe Secretary shall adjust the number taken into account under paragraph (3)(B) so that any increase which is not taken into account by reason of the CPI overstatement referred to in paragraph (5)(B) shall not be taken into account at any time so as to allow such increase for any period.. (d) Corresponding amendments to other provisions utilizing the consumer price index \n(1) In general \nFor purposes of determining the amount of any cost-of-living adjustment which takes effect for benefits payable after December 31, 2004, with respect to any benefit described in paragraph (4)— (A) any increase in the Consumer Price Index effective for any month (determined without regard to this subsection) shall be reduced (to not less than zero) by the CPI overstatement (published by the Bureau of Labor Statistics) for such month, and (B) the amount of the increase in such benefit shall be equal to the product of— (i) the increase in the Consumer Price Index (as reduced under subparagraph (A)), and (ii) the average such benefit for the preceding calendar year under the program described in paragraph (5) which provides such benefit. (2) Paragraph (1) to apply only to computation of benefit amounts \nParagraph (1) shall apply only for purposes of determining the amount of benefits and not for purposes of determining— (A) whether a threshold increase in the Consumer Price Index has been met, or (B) increases in amounts under other provisions of law not described in paragraph (5) which operate by reference to increases in such benefits. (3) Definition \nFor purposes of this subsection, the term cost of living adjustment means any adjustment in the amount of benefits described in paragraph (5) which is determined by reference to changes in the Consumer Price Index. (4) Benefits to which subsection applies \nFor purposes of this subsection, the benefits described in this paragraph are— (A) retired and retainer pay subject to adjustment under section 1401a of title 10, United States Code; (B) civil service retirement benefits under section 8340 of title 5, United States Code, foreign service retirement benefits under section 826 of the Foreign Service Act of 1980, Central Intelligence Agency retirement benefits under part J of the Central Intelligence Agency Retirement Act of 1964 for certain employees, and any other benefits under any similar provision under any retirement system for employees of the government of the United States; (C) Federal workers' compensation under section 8146a of title 5, United States Code; (D) benefits under section 3(a), 4(a), or 4(f) of the Railroad Retirement Act of 1974; and (E) benefits and expenditure limits under title XVIII or XIX of the Social Security Act. (5) Benefit \nFor purposes of this section, the term benefit includes a payment. (e) Recapture to federal old-age and survivors insurance trust fund \nSection 201 of the Social Security Act ( 42 U.S.C. 401 ) is amended by adding at the end the following new subsection: (n) On July 1 of each calendar year specified in the following table, the Secretary of the Treasury shall transfer, from the general fund of the Treasury to the Federal Old-Age and Survivors Insurance Trust Fund, an amount equal to the applicable percentage for such year, specified in such table, of the total wages paid in and self-employment income credited to such year. For a calendar year— The applicable percentage for the year is— After 2004 and before 2006 0.02 percent After 2005 and before 2007 0.04 percent After 2006 and before 2008 0.10 percent After 2007 and before 2009 0.12 percent After 2008 and before 2010 0.13 percent After 2009 and before 2011 0.20 percent After 2010 and before 2012 0.24 percent After 2011 and before 2013 0.29 percent After 2012 and before 2019 0.33 percent After 2018 and before 2043 0.39 percent After 2042 and before 2063 0.47 percent After 2062 0.57 percent.", "id": "HFCA5DDB9D8DF47F18DC1F6859414A235", "header": "CPI overstatement", "nested": [ { "text": "(a) Annual declarations of CPI overstatement \n(1) In general \nWhenever the Commissioner of the Bureau of Labor Statistics publishes the Consumer Price Index for All Urban Consumers for any month ending after the date of the enactment of this Act, such Commissioner shall also publish the CPI overstatement for such month. Not later than November 1, 2004, such Commissioner shall also publish the CPI overstatement for each month prior to the month in which this Act is enacted. (2) Determination of CPI overstatement \nFor purposes of paragraph (1), the CPI overstatement for a month is the excess (not less than zero) of— (A) the Consumer Price Index for All Urban Consumers for such month, over (B) the Chained Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics for such month (or the most recent prior month for which it was published, based on availability of necessary data).", "id": "H30344495D0A04CE7006B2954DA830591", "header": "Annual declarations of CPI overstatement", "nested": [], "links": [] }, { "text": "(b) Modifications to cost-of-living indexing of benefits \n(1) In general \nSection 215(i)(1)(G) of the Social Security Act ( 42 U.S.C. 415(i)(1)(G) ) is amended to read as follows: (G) the Consumer Price Index for a base quarter, a cost-of-living computation quarter, or any other calendar quarter shall be the arithmetical mean of such index for the 3 months in such quarter, except that, for purposes of this subparagraph, the Consumer Price Index for a month shall be deemed to be the excess of— (i) the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics for such month, over (ii) the CPI overstatement published by the Bureau of Labor Statistics for such month.. (2) Effective date \nThe amendment made by paragraph (1) shall apply with respect to increases under section 215(i) of the Social Security Act effective with the month of December of years after 2004.", "id": "H57685C9C402547A281999302FB18EB82", "header": "Modifications to cost-of-living indexing of benefits", "nested": [], "links": [ { "text": "42 U.S.C. 415(i)(1)(G)", "legal-doc": "usc", "parsable-cite": "usc/42/415" } ] }, { "text": "(c) Consumer price index adjustments applicable to the Internal Revenue Code provisions \n(1) In general \nParagraph (5) of section 1(f) of the Internal Revenue Code of 1986 (defining Consumer Price Index) is amended to read as follows: (5) Consumer price index \nFor purposes of paragraph (4), the term Consumer Price Index means the excess of— (A) the last Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics for any month, over (B) the CPI overstatement published by the Bureau of Labor Statistics for such month.. (2) Limitation on increases \nSubsection (f) of section 1 of such Code is amended by adding at the end the following new paragraph: (9) Computation of base to reflect limitation on CPI \nThe Secretary shall adjust the number taken into account under paragraph (3)(B) so that any increase which is not taken into account by reason of the CPI overstatement referred to in paragraph (5)(B) shall not be taken into account at any time so as to allow such increase for any period..", "id": "H82515506CD3E4B459D8D008FDDE7C5C0", "header": "Consumer price index adjustments applicable to the Internal Revenue Code provisions", "nested": [], "links": [ { "text": "section 1(f)", "legal-doc": "usc", "parsable-cite": "usc/26/1" } ] }, { "text": "(d) Corresponding amendments to other provisions utilizing the consumer price index \n(1) In general \nFor purposes of determining the amount of any cost-of-living adjustment which takes effect for benefits payable after December 31, 2004, with respect to any benefit described in paragraph (4)— (A) any increase in the Consumer Price Index effective for any month (determined without regard to this subsection) shall be reduced (to not less than zero) by the CPI overstatement (published by the Bureau of Labor Statistics) for such month, and (B) the amount of the increase in such benefit shall be equal to the product of— (i) the increase in the Consumer Price Index (as reduced under subparagraph (A)), and (ii) the average such benefit for the preceding calendar year under the program described in paragraph (5) which provides such benefit. (2) Paragraph (1) to apply only to computation of benefit amounts \nParagraph (1) shall apply only for purposes of determining the amount of benefits and not for purposes of determining— (A) whether a threshold increase in the Consumer Price Index has been met, or (B) increases in amounts under other provisions of law not described in paragraph (5) which operate by reference to increases in such benefits. (3) Definition \nFor purposes of this subsection, the term cost of living adjustment means any adjustment in the amount of benefits described in paragraph (5) which is determined by reference to changes in the Consumer Price Index. (4) Benefits to which subsection applies \nFor purposes of this subsection, the benefits described in this paragraph are— (A) retired and retainer pay subject to adjustment under section 1401a of title 10, United States Code; (B) civil service retirement benefits under section 8340 of title 5, United States Code, foreign service retirement benefits under section 826 of the Foreign Service Act of 1980, Central Intelligence Agency retirement benefits under part J of the Central Intelligence Agency Retirement Act of 1964 for certain employees, and any other benefits under any similar provision under any retirement system for employees of the government of the United States; (C) Federal workers' compensation under section 8146a of title 5, United States Code; (D) benefits under section 3(a), 4(a), or 4(f) of the Railroad Retirement Act of 1974; and (E) benefits and expenditure limits under title XVIII or XIX of the Social Security Act. (5) Benefit \nFor purposes of this section, the term benefit includes a payment.", "id": "HEEA8E2733B514BAFA776394C8BB172CD", "header": " Corresponding amendments to other provisions utilizing the consumer price index", "nested": [], "links": [ { "text": "section 1401a", "legal-doc": "usc", "parsable-cite": "usc/10/1401a" }, { "text": "section 8340", "legal-doc": "usc", "parsable-cite": "usc/5/8340" }, { "text": "section 8146a", "legal-doc": "usc", "parsable-cite": "usc/5/8146a" } ] }, { "text": "(e) Recapture to federal old-age and survivors insurance trust fund \nSection 201 of the Social Security Act ( 42 U.S.C. 401 ) is amended by adding at the end the following new subsection: (n) On July 1 of each calendar year specified in the following table, the Secretary of the Treasury shall transfer, from the general fund of the Treasury to the Federal Old-Age and Survivors Insurance Trust Fund, an amount equal to the applicable percentage for such year, specified in such table, of the total wages paid in and self-employment income credited to such year. For a calendar year— The applicable percentage for the year is— After 2004 and before 2006 0.02 percent After 2005 and before 2007 0.04 percent After 2006 and before 2008 0.10 percent After 2007 and before 2009 0.12 percent After 2008 and before 2010 0.13 percent After 2009 and before 2011 0.20 percent After 2010 and before 2012 0.24 percent After 2011 and before 2013 0.29 percent After 2012 and before 2019 0.33 percent After 2018 and before 2043 0.39 percent After 2042 and before 2063 0.47 percent After 2062 0.57 percent.", "id": "H39E31BCFCF1343698B8D2325BAB9B37D", "header": "Recapture to federal old-age and survivors insurance trust fund", "nested": [], "links": [ { "text": "42 U.S.C. 401", "legal-doc": "usc", "parsable-cite": "usc/42/401" } ] } ], "links": [ { "text": "42 U.S.C. 415(i)(1)(G)", "legal-doc": "usc", "parsable-cite": "usc/42/415" }, { "text": "section 1(f)", "legal-doc": "usc", "parsable-cite": "usc/26/1" }, { "text": "section 1401a", "legal-doc": "usc", "parsable-cite": "usc/10/1401a" }, { "text": "section 8340", "legal-doc": "usc", "parsable-cite": "usc/5/8340" }, { "text": "section 8146a", "legal-doc": "usc", "parsable-cite": "usc/5/8146a" }, { "text": "42 U.S.C. 401", "legal-doc": "usc", "parsable-cite": "usc/42/401" } ] }, { "text": "8. Adjustments to bend points in determining primary insurance amounts \n(a) Additional bend point \nSection 215(a)(1)(A) of the Social Security Act ( 42 U.S.C. 415(a)(1)(A) ) is amended to read as follows: (a) (1) (A) (i) Subject to clause (ii), the primary insurance amount of an individual shall (except as otherwise provided in this section) be equal to the sum of— (I) 90 percent of the individual’s average indexed monthly earnings (determined under subsection (b)) to the extent that such earnings do not exceed the amount established for purposes of this subclause by subparagraph (B), (II) 70 percent of the individual’s average indexed monthly earnings to the extent that such earnings exceed the amount established for purposes of subclause (I) but do not exceed the amount established for purposes of this subclause by subparagraph (B), (III) 20 percent of the individual’s average indexed monthly earnings to the extent that such earnings exceed the amount established for purposes of subclause (II) but do not exceed the amount established for purposes of this subclause by subparagraph (B), and (IV) 10 percent of the individual’s average indexed monthly earnings to the extent that such earnings exceed the amount established for purposes of this clause by subparagraph (B). (ii) In the case of individuals becoming eligible for old-age or disability insurance benefits, or dying (before becoming eligible for such benefits), in any calendar year after 2005 and before 2016— (I) In lieu of the percentage specified in subclause (II) of clause (i), the applicable percentage set forth in the following table in connection with such calendar year shall apply: The applicable If the calendar year is: percentage is: 2006 35.8 percent 2007 39.6 percent 2008 43.4 percent 2009 47.2 percent 2010 51.0 percent 2011 54.8 percent 2012 58.6 percent 2013 62.4 percent 2014 66.2 percent (II) In lieu of the percentage specified in subclause (III) of clause (i), the applicable percentage set forth in the following table in connection with such calendar year shall apply: If the calendar year is The applicable percentage is: 2006 30.8 percent 2007 29.6 percent 2008 28.4 percent 2009 27.2 percent 2010 26.0 percent 2011 24.8 percent 2012 23.6 percent 2013 22.4 percent 2014 21.2 percent (III) In lieu of the percentage specified in subclause (IV) of clause (i), the applicable percentage set forth in the following table in connection with such calendar year shall apply: If the calendar year is The applicable percentage is: 2006 14.5 percent 2007 14.0 percent 2008 13.5 percent 2009 12.5 percent 2010 12.0 percent 2011 11.5 percent 2012 11.0 percent 2013 10.5 percent 2014 21.2 percent. (b) Initial level of additional bend point \nSection 215(a)(1)(B) of such Act ( 42 U.S.C. 415(a)(1)(B) ) is amended— (1) in clause (i), by inserting (as then in effect) after subparagraph (A) , and by adding at the end the following new sentence: For individuals who initially become eligible for old-age or disability insurance benefits, or who die (before becoming eligible for such benefits) after 2005, such dollar amounts shall be deemed to have been so established in 1979 for purposes of subclauses (I) and (III) of subparagraph (A)(i), respectively, as in effect with respect to such individuals. ; (2) by redesignating clause (iii) as clause (iv); (3) by inserting after clause (ii) the following new clause: (iii) For individuals who initially become eligible for old-age or disability insurance benefits, or who die (before becoming eligible for such benefits), in any calendar year after 2005, the amount established for purposes of clause (ii) of subparagraph (A) for such calendar year after 2005 shall be 183.8 percent of the amount established for purposes of clause (i) for such calendar year. ; and (4) in clause (iv) (as redesignated by paragraph (1)), by striking clause (ii) and inserting clauses (ii) and (iii). (c) Effective date \nThe amendments made by this section shall apply with respect to individuals becoming eligible for old-age insurance benefits or disability insurance benefits, or dying (before becoming eligible for such benefits), after 2005.", "id": "H040150B8A5A04875A616004D97CBAAEF", "header": "Adjustments to bend points in determining primary insurance amounts", "nested": [ { "text": "(a) Additional bend point \nSection 215(a)(1)(A) of the Social Security Act ( 42 U.S.C. 415(a)(1)(A) ) is amended to read as follows: (a) (1) (A) (i) Subject to clause (ii), the primary insurance amount of an individual shall (except as otherwise provided in this section) be equal to the sum of— (I) 90 percent of the individual’s average indexed monthly earnings (determined under subsection (b)) to the extent that such earnings do not exceed the amount established for purposes of this subclause by subparagraph (B), (II) 70 percent of the individual’s average indexed monthly earnings to the extent that such earnings exceed the amount established for purposes of subclause (I) but do not exceed the amount established for purposes of this subclause by subparagraph (B), (III) 20 percent of the individual’s average indexed monthly earnings to the extent that such earnings exceed the amount established for purposes of subclause (II) but do not exceed the amount established for purposes of this subclause by subparagraph (B), and (IV) 10 percent of the individual’s average indexed monthly earnings to the extent that such earnings exceed the amount established for purposes of this clause by subparagraph (B). (ii) In the case of individuals becoming eligible for old-age or disability insurance benefits, or dying (before becoming eligible for such benefits), in any calendar year after 2005 and before 2016— (I) In lieu of the percentage specified in subclause (II) of clause (i), the applicable percentage set forth in the following table in connection with such calendar year shall apply: The applicable If the calendar year is: percentage is: 2006 35.8 percent 2007 39.6 percent 2008 43.4 percent 2009 47.2 percent 2010 51.0 percent 2011 54.8 percent 2012 58.6 percent 2013 62.4 percent 2014 66.2 percent (II) In lieu of the percentage specified in subclause (III) of clause (i), the applicable percentage set forth in the following table in connection with such calendar year shall apply: If the calendar year is The applicable percentage is: 2006 30.8 percent 2007 29.6 percent 2008 28.4 percent 2009 27.2 percent 2010 26.0 percent 2011 24.8 percent 2012 23.6 percent 2013 22.4 percent 2014 21.2 percent (III) In lieu of the percentage specified in subclause (IV) of clause (i), the applicable percentage set forth in the following table in connection with such calendar year shall apply: If the calendar year is The applicable percentage is: 2006 14.5 percent 2007 14.0 percent 2008 13.5 percent 2009 12.5 percent 2010 12.0 percent 2011 11.5 percent 2012 11.0 percent 2013 10.5 percent 2014 21.2 percent.", "id": "H703D023EA45E40C0AC001C5B2B12E02C", "header": "Additional bend point", "nested": [], "links": [ { "text": "42 U.S.C. 415(a)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/415" } ] }, { "text": "(b) Initial level of additional bend point \nSection 215(a)(1)(B) of such Act ( 42 U.S.C. 415(a)(1)(B) ) is amended— (1) in clause (i), by inserting (as then in effect) after subparagraph (A) , and by adding at the end the following new sentence: For individuals who initially become eligible for old-age or disability insurance benefits, or who die (before becoming eligible for such benefits) after 2005, such dollar amounts shall be deemed to have been so established in 1979 for purposes of subclauses (I) and (III) of subparagraph (A)(i), respectively, as in effect with respect to such individuals. ; (2) by redesignating clause (iii) as clause (iv); (3) by inserting after clause (ii) the following new clause: (iii) For individuals who initially become eligible for old-age or disability insurance benefits, or who die (before becoming eligible for such benefits), in any calendar year after 2005, the amount established for purposes of clause (ii) of subparagraph (A) for such calendar year after 2005 shall be 183.8 percent of the amount established for purposes of clause (i) for such calendar year. ; and (4) in clause (iv) (as redesignated by paragraph (1)), by striking clause (ii) and inserting clauses (ii) and (iii).", "id": "HCE645671EEC74BCBBA4371EEC600F215", "header": "Initial level of additional bend point", "nested": [], "links": [ { "text": "42 U.S.C. 415(a)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/42/415" } ] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply with respect to individuals becoming eligible for old-age insurance benefits or disability insurance benefits, or dying (before becoming eligible for such benefits), after 2005.", "id": "HE53534866F694EE3831BC1F5CF734500", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 415(a)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/415" }, { "text": "42 U.S.C. 415(a)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/42/415" } ] }, { "text": "9. Adjustment to benefit formula factors \nSection 215(a)(1)(B) of the Social Security Act ( 42 U.S.C. 415(a)(1)(B) ) (as amended by section 8) is amended further— (1) by redesignating clause (iv) as clause (v); and (2) by inserting after clause (iii) the following: (iv) For an individual who initially becomes eligible for old-age insurance benefits, or who dies (before becoming eligible for such benefits or disability insurance benefits), in any calendar year after 2011, each of the amounts otherwise established for purposes of clauses (i), (ii), and (iii) of subparagraph (A) under this subparagraph shall be substituted with the product derived by successively multiplying, once for each year of the factoring period for such individual— (I) such amount (after applying this clause for earlier years of the factoring period), by (II) the designated factor for such year. (iv) For purposes of clause (iii), the term factoring period means, for an individual, the period beginning with 2012 and ending with the earlier of— (I) the year of the individual's initial eligibility or death, or (II) 2060. (v) For purposes of clause (iii), the term designated factor means— (I) for a year prior to 2031, 0.975, except that, for any such year, such factor shall be 1.000 with respect to amounts otherwise established for purposes of clause (i) of subparagraph (A) under this subparagraph, and (II) for a year after 2030, 0.985..", "id": "HC18D30E475C64EC3AB965E6633420249", "header": "Adjustment to benefit formula factors", "nested": [], "links": [ { "text": "42 U.S.C. 415(a)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/42/415" } ] }, { "text": "10. Modification to PIA formula to reflect changes to life expectancy \n(a) In general \nSection 215(a)(1) of the Social Security Act ( 42 U.S.C. 415(a)(1)(B) ) is amended by redesignating subparagraph (C) and (D) as subparagraphs (D) and (E), respectively, and by inserting after subparagraph (B) the following new subparagraph: (C) (i) For individuals who initially become eligible for old-age insurance benefits (or who die before becoming eligible for such benefits) in any calendar year after 2011, the primary insurance amount computed under this paragraph shall be the product derived by multiplying such amount as computed under the preceding subparagraphs of this paragraph by the life expectancy ratio for such calendar year. (ii) The Commissioner of Social Security, using generally accepted actuarial principles, shall determine and publish in the Federal Register on or before November 1 of each calendar year the life expectancy ratio for the following calendar year. (iii) For purposes of clause (ii), the life expectancy ratio for any calendar year is the ratio of— (I) the period life expectancy of an individual attaining age 62 on January 1, 2008, to (II) the period life expectancy of an individual attaining age 62 on January 1 of the third calendar year preceding the calendar year in which the determination under clause (ii) is made.. (b) Study of the effect of increases in life expectancy \n(1) Study plan \nNot later than February 15, 2005, the Commissioner of Social Security shall submit to Congress a detailed study plan for evaluating the effects of increases in life expectancy on the expected level of retirement income from social security, pensions, and other sources. The study plan shall include a description of the methodology, data, and funding that will be required in order to provide to the Congress not later than February 15, 2008— (A) an evaluation of trends in mortality and their relationship to trends in health status, among individuals approaching eligibility for old-age insurance benefits under title II of the Social Security Act; (B) an evaluation of trends in labor force participation among individuals approaching eligibility for such benefits and among individuals receiving such benefits, and of the factors that influence the choice between retirement and participation in the labor force; (C) an evaluation of changes, if any, in the disability insurance program under title II of the Social Security Act that would reduce the impact of changes in the retirement income of workers in poor health or physically demanding occupations; (D) an evaluation of the methodology used to develop projections for trends in mortality, health status, and labor force participation among individuals approaching eligibility for old-age insurance benefits and among individuals receiving such benefits; and (E) an evaluation of such other matters as the Commissioner deems appropriate for evaluating the effects of increases in life expectancy. (2) Report on results of study \nNot later than February 15, 2008, the Commissioner of Social Security shall provide to the Congress an evaluation of the implications of the trends studied under paragraph (1), along with recommendations, if any, of the extent to which the conclusions of such evaluations indicate that projected increases in life expectancy require modification in the disability insurance program under title II of the Social Security Act and other income support programs.", "id": "H3B5AC2A006DC4CD897132F1C343BE7F6", "header": "Modification to PIA formula to reflect changes to life expectancy", "nested": [ { "text": "(a) In general \nSection 215(a)(1) of the Social Security Act ( 42 U.S.C. 415(a)(1)(B) ) is amended by redesignating subparagraph (C) and (D) as subparagraphs (D) and (E), respectively, and by inserting after subparagraph (B) the following new subparagraph: (C) (i) For individuals who initially become eligible for old-age insurance benefits (or who die before becoming eligible for such benefits) in any calendar year after 2011, the primary insurance amount computed under this paragraph shall be the product derived by multiplying such amount as computed under the preceding subparagraphs of this paragraph by the life expectancy ratio for such calendar year. (ii) The Commissioner of Social Security, using generally accepted actuarial principles, shall determine and publish in the Federal Register on or before November 1 of each calendar year the life expectancy ratio for the following calendar year. (iii) For purposes of clause (ii), the life expectancy ratio for any calendar year is the ratio of— (I) the period life expectancy of an individual attaining age 62 on January 1, 2008, to (II) the period life expectancy of an individual attaining age 62 on January 1 of the third calendar year preceding the calendar year in which the determination under clause (ii) is made..", "id": "H98C315A159A544568648E919962C0E0", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 415(a)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/42/415" } ] }, { "text": "(b) Study of the effect of increases in life expectancy \n(1) Study plan \nNot later than February 15, 2005, the Commissioner of Social Security shall submit to Congress a detailed study plan for evaluating the effects of increases in life expectancy on the expected level of retirement income from social security, pensions, and other sources. The study plan shall include a description of the methodology, data, and funding that will be required in order to provide to the Congress not later than February 15, 2008— (A) an evaluation of trends in mortality and their relationship to trends in health status, among individuals approaching eligibility for old-age insurance benefits under title II of the Social Security Act; (B) an evaluation of trends in labor force participation among individuals approaching eligibility for such benefits and among individuals receiving such benefits, and of the factors that influence the choice between retirement and participation in the labor force; (C) an evaluation of changes, if any, in the disability insurance program under title II of the Social Security Act that would reduce the impact of changes in the retirement income of workers in poor health or physically demanding occupations; (D) an evaluation of the methodology used to develop projections for trends in mortality, health status, and labor force participation among individuals approaching eligibility for old-age insurance benefits and among individuals receiving such benefits; and (E) an evaluation of such other matters as the Commissioner deems appropriate for evaluating the effects of increases in life expectancy. (2) Report on results of study \nNot later than February 15, 2008, the Commissioner of Social Security shall provide to the Congress an evaluation of the implications of the trends studied under paragraph (1), along with recommendations, if any, of the extent to which the conclusions of such evaluations indicate that projected increases in life expectancy require modification in the disability insurance program under title II of the Social Security Act and other income support programs.", "id": "H796709E6A2794E2DA6F3DBA6E468BCDB", "header": "Study of the effect of increases in life expectancy", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 415(a)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/42/415" } ] }, { "text": "11. Treatment of disabled beneficiaries \nSection 215(a) of the Social Security Act ( 42 U.S.C. 415(a) ) is amended by adding at the end the following new paragraph: (8) (A) Notwithstanding the preceding provisions of this subsection, in the case of an individual who has or has had a period of disability and becomes entitled to old-age insurance benefits under section 202(a) (or dies) in or after 2006, the primary insurance amount of such individual shall be the sum of— (i) the amount determined under subparagraph (B), and (ii) the product derived by multiplying— (I) the excess of the amount determined under subparagraph (C) over the amount determined under subparagraph (B), by (II) the adjustment factor for such individual determined under subparagraph (D). (B) The amount determined under this subparagraph is the amount of such individual's primary insurance amount as determined under this section without regard to this paragraph. (C) The amount determined under this subparagraph is the amount of such individual's primary insurance amount as determined under this section as in effect with respect to individuals becoming eligible for old-age or disability insurance benefits under section 202(a) in 2004. (D) The adjustment factor determined under this subparagraph for any individual is the ratio (not greater than 1) of— (i) the number of months, preceding the earlier of such individual's first month of entitlement to old-age insurance benefits under section 202(a) or the month of such individual's death, which occurred during a period of disability of such individual, to (ii) 480..", "id": "H422AA8FE30F8455BA3B3E8FDC2E40073", "header": "Treatment of disabled beneficiaries", "nested": [], "links": [ { "text": "42 U.S.C. 415(a)", "legal-doc": "usc", "parsable-cite": "usc/42/415" } ] }, { "text": "12. Maintenance of benefit and contribution base \n(a) In general \nSo much of section 230 of the Social Security Act ( 42 U.S.C. 430 ) as precedes subsection (d) is amended to read as follows: 230. Maintenance of benefit and contribution base \n(a) In general \nSo much of section 230 of the Social Security Act ( 42 U.S.C. 430 ) as precedes subsection (d) is amended to read as follows: (b) For purposes of this section, and for purposes of determining wages and self-employment income under sections 209, 211, 213, and 215 of this Act and sections 54, 1402, 3121, 3122, 3125, 6413, and 6654 of the Internal Revenue Code of 1986— (1) the contribution and benefit base with respect to remuneration paid (and taxable years beginning)— (A) in 2005 shall be $90,225, (B) in 2006 shall be $110,550, (C) in 2007 shall be $121,875, and (D) in 2008 shall be $133,200, and (2) the contribution and benefit base with respect to remuneration paid (and taxable years beginning) in any calendar year after 2008 shall be equal to the dollar amount equal to the lowest amount which, if applied under this title as the benefit and contribution base for the preceding year, would have caused the total untaxed covered remuneration for such year to constitute at least 13 percent of the total amount of wages paid, and self-employment income derived, in such year by all individuals. Each contribution and benefit base determined under paragraph (2) shall (if not a multiple of $25) be rounded to the nearest multiple of $25. (c) For purposes of this section, the term total untaxed covered remuneration for a calendar year means the total amount of wages paid to, and self-employment income derived by, all individuals in such calendar year, which was, with respect to each individual paid such wages and deriving such self-employment income, in excess of the contribution and benefit base for that calendar year.. (b) Effective date \nThe amendment made by this section shall apply to remuneration paid in (and taxable years beginning in) any calendar year after 2004.", "id": "HA12B56751C5241C4A8CCDB9DAB0020E", "header": "Maintenance of benefit and contribution base", "nested": [ { "text": "(a) In general \nSo much of section 230 of the Social Security Act ( 42 U.S.C. 430 ) as precedes subsection (d) is amended to read as follows: 230. Maintenance of benefit and contribution base \n(a) In general \nSo much of section 230 of the Social Security Act ( 42 U.S.C. 430 ) as precedes subsection (d) is amended to read as follows: (b) For purposes of this section, and for purposes of determining wages and self-employment income under sections 209, 211, 213, and 215 of this Act and sections 54, 1402, 3121, 3122, 3125, 6413, and 6654 of the Internal Revenue Code of 1986— (1) the contribution and benefit base with respect to remuneration paid (and taxable years beginning)— (A) in 2005 shall be $90,225, (B) in 2006 shall be $110,550, (C) in 2007 shall be $121,875, and (D) in 2008 shall be $133,200, and (2) the contribution and benefit base with respect to remuneration paid (and taxable years beginning) in any calendar year after 2008 shall be equal to the dollar amount equal to the lowest amount which, if applied under this title as the benefit and contribution base for the preceding year, would have caused the total untaxed covered remuneration for such year to constitute at least 13 percent of the total amount of wages paid, and self-employment income derived, in such year by all individuals. Each contribution and benefit base determined under paragraph (2) shall (if not a multiple of $25) be rounded to the nearest multiple of $25. (c) For purposes of this section, the term total untaxed covered remuneration for a calendar year means the total amount of wages paid to, and self-employment income derived by, all individuals in such calendar year, which was, with respect to each individual paid such wages and deriving such self-employment income, in excess of the contribution and benefit base for that calendar year..", "id": "H5EB820A0733A4F7280D34E9E4421FC1F", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 430", "legal-doc": "usc", "parsable-cite": "usc/42/430" }, { "text": "42 U.S.C. 430", "legal-doc": "usc", "parsable-cite": "usc/42/430" } ] }, { "text": "(b) Effective date \nThe amendment made by this section shall apply to remuneration paid in (and taxable years beginning in) any calendar year after 2004.", "id": "HDEB554FBBFE340AF9BFF29A52816B145", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 430", "legal-doc": "usc", "parsable-cite": "usc/42/430" }, { "text": "42 U.S.C. 430", "legal-doc": "usc", "parsable-cite": "usc/42/430" } ] }, { "text": "230. Maintenance of benefit and contribution base \n(a) In general \nSo much of section 230 of the Social Security Act ( 42 U.S.C. 430 ) as precedes subsection (d) is amended to read as follows: (b) For purposes of this section, and for purposes of determining wages and self-employment income under sections 209, 211, 213, and 215 of this Act and sections 54, 1402, 3121, 3122, 3125, 6413, and 6654 of the Internal Revenue Code of 1986— (1) the contribution and benefit base with respect to remuneration paid (and taxable years beginning)— (A) in 2005 shall be $90,225, (B) in 2006 shall be $110,550, (C) in 2007 shall be $121,875, and (D) in 2008 shall be $133,200, and (2) the contribution and benefit base with respect to remuneration paid (and taxable years beginning) in any calendar year after 2008 shall be equal to the dollar amount equal to the lowest amount which, if applied under this title as the benefit and contribution base for the preceding year, would have caused the total untaxed covered remuneration for such year to constitute at least 13 percent of the total amount of wages paid, and self-employment income derived, in such year by all individuals. Each contribution and benefit base determined under paragraph (2) shall (if not a multiple of $25) be rounded to the nearest multiple of $25. (c) For purposes of this section, the term total untaxed covered remuneration for a calendar year means the total amount of wages paid to, and self-employment income derived by, all individuals in such calendar year, which was, with respect to each individual paid such wages and deriving such self-employment income, in excess of the contribution and benefit base for that calendar year.", "id": "H17B86F0E25CE4019B4BDBBF5156D8659", "header": "Maintenance of benefit and contribution base", "nested": [ { "text": "(a) In general \nSo much of section 230 of the Social Security Act ( 42 U.S.C. 430 ) as precedes subsection (d) is amended to read as follows:", "id": "HE0C3C5D8656A4A089C75462B6D3C219F", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 430", "legal-doc": "usc", "parsable-cite": "usc/42/430" } ] }, { "text": "(b) For purposes of this section, and for purposes of determining wages and self-employment income under sections 209, 211, 213, and 215 of this Act and sections 54, 1402, 3121, 3122, 3125, 6413, and 6654 of the Internal Revenue Code of 1986— (1) the contribution and benefit base with respect to remuneration paid (and taxable years beginning)— (A) in 2005 shall be $90,225, (B) in 2006 shall be $110,550, (C) in 2007 shall be $121,875, and (D) in 2008 shall be $133,200, and (2) the contribution and benefit base with respect to remuneration paid (and taxable years beginning) in any calendar year after 2008 shall be equal to the dollar amount equal to the lowest amount which, if applied under this title as the benefit and contribution base for the preceding year, would have caused the total untaxed covered remuneration for such year to constitute at least 13 percent of the total amount of wages paid, and self-employment income derived, in such year by all individuals. Each contribution and benefit base determined under paragraph (2) shall (if not a multiple of $25) be rounded to the nearest multiple of $25.", "id": "H2B0EB63792A348258237CA1873A29B01", "header": null, "nested": [], "links": [] }, { "text": "(c) For purposes of this section, the term total untaxed covered remuneration for a calendar year means the total amount of wages paid to, and self-employment income derived by, all individuals in such calendar year, which was, with respect to each individual paid such wages and deriving such self-employment income, in excess of the contribution and benefit base for that calendar year.", "id": "HC8483C4D598A4BC7AD9D22E5EFC549F8", "header": null, "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 430", "legal-doc": "usc", "parsable-cite": "usc/42/430" } ] }, { "text": "13. Acceleration of increase in social security eligibility age \nSection 216(l) of the Social Security Act ( 42 U.S.C. 416(l) is amended— (1) in paragraph (1), by striking subparagraphs (A), (B), (C), (D), and (E) and inserting the following: (A) with respect to an individual who attains early retirement age (as defined in paragraph (2)) before January 1, 2000, 65 years of age; and (B) with respect to an individual who attains early retirement age after December 31, 1999, and before January 1, 2012, 65 years of age plus 2/12 of the number of months in the period beginning with January 2000 and ending with December of the year in which the individual attains early retirement age; and (C) with respect to an individual who attains early retirement age after December 31, 2011, 67 years of age. ; and (2) by striking paragraph (3).", "id": "HF12668DDDC5743FDBEED25EA4F2DB006", "header": "Acceleration of increase in social security eligibility age", "nested": [], "links": [ { "text": "42 U.S.C. 416(l)", "legal-doc": "usc", "parsable-cite": "usc/42/416" } ] }, { "text": "14. Mechanism for remedying unforeseen deterioration in social security solvency \n(a) In General \nSection 709 of the Social Security Act ( 42 U.S.C. 910 ) is amended— (1) by redesignating subsection (b) as subsection (c); and (2) by striking Sec. 709. (a) If the Board of Trustees and all that follows through any such Trust Fund and inserting the following: 709. (a) (1) (A) If the Board of Trustees of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund determines at any time, using intermediate actuarial assumptions, that the balance ratio of either such Trust Fund for any calendar year during the succeeding period of 75 calendar years will be zero, the Board shall promptly submit to each House of the Congress and to the President a report setting forth its recommendations for statutory adjustments affecting the receipts and disbursements of such Trust Fund necessary to maintain the balance ratio of such Trust Fund at not less than 20 percent, with due regard to the economic conditions which created such inadequacy in the balance ratio and the amount of time necessary to alleviate such inadequacy in a prudent manner. The report shall set forth specifically the extent to which benefits would have to be reduced, taxes under section 1401, 3101, or 3111 of the Internal Revenue Code of 1986 would have to be increased, or a combination thereof, in order to obtain the objectives referred to in the preceding sentence. (B) In addition to any reports under subparagraph (A), the Board shall, not later than May 30, 2001, prepare and submit to Congress and the President recommendations for statutory adjustments to the disability insurance program under title II of this Act to modify the changes in disability benefits under the 21st Century Retirement Security Act without reducing the balance ratio of the Federal Disability Insurance Trust Fund. The Board shall develop such recommendations in consultation with the National Council on Disability, taking into consideration the adequacy of benefits under the program, the relationship of such program with old age benefits under such title, and changes in the process for determining initial eligibility and reviewing continued eligibility for benefits under such program. (2) (A) The President shall, no later than 30 days after the submission of the report to the President, transmit to the Board and to the Congress a report containing the President's approval or disapproval of the Board's recommendations. (B) If the President approves all the recommendations of the Board, the President shall transmit a copy of such recommendations to the Congress as the President's recommendations, together with a certification of the President's adoption of such recommendations. (C) If the President disapproves the recommendations of the Board, in whole or in part, the President shall transmit to the Board and the Congress the reasons for that disapproval. The Board shall then transmit to the Congress and the President, no later than 60 days after the date of the submission of the original report to the President, a revised list of recommendations. (D) If the President approves all of the revised recommendations of the Board transmitted to the President under subparagraph (C), the President shall transmit a copy of such revised recommendations to the Congress as the President's recommendations, together with a certification of the President's adoption of such recommendations. (E) If the President disapproves the revised recommendations of the Board, in whole or in part, the President shall transmit to the Board and the Congress the reasons for that disapproval, together with such revisions to such recommendations as the President determines are necessary to bring such recommendations within the President’s approval. The President shall transmit a copy of such recommendations, as so revised, to the Board and the Congress as the President’s recommendations, together with a certification of the President’s adoption of such recommendations. (3) (A) This paragraph is enacted by Congress— (i) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only to the extent that it is inconsistent with such rules; and (ii) 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. (B) For purposes of this paragraph, the term joint resolution means only a joint resolution which is introduced within the 10-day period beginning on the date on which the President transmits the President's recommendations, together with the President's certification, to the Congress under subparagraph (B), (D), or (E) of paragraph (2), and— (i) which does not have a preamble; (ii) the matter after the resolving clause of which is as follows: That the Congress approves the recommendations of the President as transmitted on ______ pursuant to section 709(a) of the Social Security Act, as follows:________ , the first blank space being filled in with the appropriate date and the second blank space being filled in with the statutory adjustments contained in the recommendations; and (iii) the title of which is as follows: Joint resolution approving the recommendations of the President regarding social security. (C) A joint resolution described in subparagraph (B) that is introduced in the House of Representatives shall be referred to the Committee on Ways and Means of the House of Representatives. A joint resolution described in subparagraph (B) introduced in the Senate shall be referred to the Committee on Finance of the Senate. (D) If the committee to which a joint resolution described in subparagraph (B) is referred has not reported such joint resolution (or an identical joint resolution) by the end of the 20-day period beginning on the date on which the President transmits the recommendation to the Congress under paragraph (2), such committee shall be, at the end of such period, discharged from further consideration of such joint resolution, and such joint resolution shall be placed on the appropriate calendar of the House involved. (E) (i) On or after the third day after the date on which the committee to which such a joint resolution is referred has reported, or has been discharged (under subparagraph (D)) from further consideration of, such a joint resolution, 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 joint 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, except that, in the case of the House of Representatives, the motion may be made without such prior announcement if the motion is made by direction of the committee to which the joint resolution was referred. All points of order against the joint resolution (and against consideration of the joint 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 joint 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 joint resolution shall remain the unfinished business of the respective House until disposed of. (ii) Debate on the joint 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 joint resolution. An amendment to the joint 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 joint resolution is not in order. A motion to reconsider the vote by which the joint resolution is agreed to or disagreed to is not in order. (iii) Immediately following the conclusion of the debate on a joint resolution described in subparagraph (B) 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 joint resolution shall occur. (iv) 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 joint resolution described in subparagraph (B) shall be decided without debate. (F) (i) If, before the passage by one House of a joint resolution of that House described in subparagraph (B), that House receives from the other House a joint resolution described in subparagraph (B), then the following procedures shall apply: (I) The joint 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 subclause (II). (II) With respect to a joint resolution described in subparagraph (B) of the House receiving the joint resolution, the procedure in that House shall be the same as if no joint resolution had been received from the other House, but the vote on final passage shall be on the joint resolution of the other House. (ii) Upon disposition of the joint resolution received from the other House, it shall no longer be in order to consider the joint resolution that originated in the receiving House. (b) If the Board of Trustees of the Federal Hospital Insurance Trust Fund or the Federal Supplementary Medical Insurance Trust Fund determines at any time that the balance ratio of either such Trust Fund. (b) Conforming Amendments \n(1) Section 709(b) of such Act (as amended by subsection (a) of this section) is amended by striking any such and inserting either such. (2) Section 709(c) of such Act (as redesignated by subsection (a) of this section) is amended by inserting or (b) after subsection (a).", "id": "H13BC503E8E324871963101863EBB1287", "header": "Mechanism for remedying unforeseen deterioration in social security solvency", "nested": [ { "text": "(a) In General \nSection 709 of the Social Security Act ( 42 U.S.C. 910 ) is amended— (1) by redesignating subsection (b) as subsection (c); and (2) by striking Sec. 709. (a) If the Board of Trustees and all that follows through any such Trust Fund and inserting the following: 709. (a) (1) (A) If the Board of Trustees of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund determines at any time, using intermediate actuarial assumptions, that the balance ratio of either such Trust Fund for any calendar year during the succeeding period of 75 calendar years will be zero, the Board shall promptly submit to each House of the Congress and to the President a report setting forth its recommendations for statutory adjustments affecting the receipts and disbursements of such Trust Fund necessary to maintain the balance ratio of such Trust Fund at not less than 20 percent, with due regard to the economic conditions which created such inadequacy in the balance ratio and the amount of time necessary to alleviate such inadequacy in a prudent manner. The report shall set forth specifically the extent to which benefits would have to be reduced, taxes under section 1401, 3101, or 3111 of the Internal Revenue Code of 1986 would have to be increased, or a combination thereof, in order to obtain the objectives referred to in the preceding sentence. (B) In addition to any reports under subparagraph (A), the Board shall, not later than May 30, 2001, prepare and submit to Congress and the President recommendations for statutory adjustments to the disability insurance program under title II of this Act to modify the changes in disability benefits under the 21st Century Retirement Security Act without reducing the balance ratio of the Federal Disability Insurance Trust Fund. The Board shall develop such recommendations in consultation with the National Council on Disability, taking into consideration the adequacy of benefits under the program, the relationship of such program with old age benefits under such title, and changes in the process for determining initial eligibility and reviewing continued eligibility for benefits under such program. (2) (A) The President shall, no later than 30 days after the submission of the report to the President, transmit to the Board and to the Congress a report containing the President's approval or disapproval of the Board's recommendations. (B) If the President approves all the recommendations of the Board, the President shall transmit a copy of such recommendations to the Congress as the President's recommendations, together with a certification of the President's adoption of such recommendations. (C) If the President disapproves the recommendations of the Board, in whole or in part, the President shall transmit to the Board and the Congress the reasons for that disapproval. The Board shall then transmit to the Congress and the President, no later than 60 days after the date of the submission of the original report to the President, a revised list of recommendations. (D) If the President approves all of the revised recommendations of the Board transmitted to the President under subparagraph (C), the President shall transmit a copy of such revised recommendations to the Congress as the President's recommendations, together with a certification of the President's adoption of such recommendations. (E) If the President disapproves the revised recommendations of the Board, in whole or in part, the President shall transmit to the Board and the Congress the reasons for that disapproval, together with such revisions to such recommendations as the President determines are necessary to bring such recommendations within the President’s approval. The President shall transmit a copy of such recommendations, as so revised, to the Board and the Congress as the President’s recommendations, together with a certification of the President’s adoption of such recommendations. (3) (A) This paragraph is enacted by Congress— (i) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only to the extent that it is inconsistent with such rules; and (ii) 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. (B) For purposes of this paragraph, the term joint resolution means only a joint resolution which is introduced within the 10-day period beginning on the date on which the President transmits the President's recommendations, together with the President's certification, to the Congress under subparagraph (B), (D), or (E) of paragraph (2), and— (i) which does not have a preamble; (ii) the matter after the resolving clause of which is as follows: That the Congress approves the recommendations of the President as transmitted on ______ pursuant to section 709(a) of the Social Security Act, as follows:________ , the first blank space being filled in with the appropriate date and the second blank space being filled in with the statutory adjustments contained in the recommendations; and (iii) the title of which is as follows: Joint resolution approving the recommendations of the President regarding social security. (C) A joint resolution described in subparagraph (B) that is introduced in the House of Representatives shall be referred to the Committee on Ways and Means of the House of Representatives. A joint resolution described in subparagraph (B) introduced in the Senate shall be referred to the Committee on Finance of the Senate. (D) If the committee to which a joint resolution described in subparagraph (B) is referred has not reported such joint resolution (or an identical joint resolution) by the end of the 20-day period beginning on the date on which the President transmits the recommendation to the Congress under paragraph (2), such committee shall be, at the end of such period, discharged from further consideration of such joint resolution, and such joint resolution shall be placed on the appropriate calendar of the House involved. (E) (i) On or after the third day after the date on which the committee to which such a joint resolution is referred has reported, or has been discharged (under subparagraph (D)) from further consideration of, such a joint resolution, 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 joint 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, except that, in the case of the House of Representatives, the motion may be made without such prior announcement if the motion is made by direction of the committee to which the joint resolution was referred. All points of order against the joint resolution (and against consideration of the joint 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 joint 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 joint resolution shall remain the unfinished business of the respective House until disposed of. (ii) Debate on the joint 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 joint resolution. An amendment to the joint 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 joint resolution is not in order. A motion to reconsider the vote by which the joint resolution is agreed to or disagreed to is not in order. (iii) Immediately following the conclusion of the debate on a joint resolution described in subparagraph (B) 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 joint resolution shall occur. (iv) 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 joint resolution described in subparagraph (B) shall be decided without debate. (F) (i) If, before the passage by one House of a joint resolution of that House described in subparagraph (B), that House receives from the other House a joint resolution described in subparagraph (B), then the following procedures shall apply: (I) The joint 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 subclause (II). (II) With respect to a joint resolution described in subparagraph (B) of the House receiving the joint resolution, the procedure in that House shall be the same as if no joint resolution had been received from the other House, but the vote on final passage shall be on the joint resolution of the other House. (ii) Upon disposition of the joint resolution received from the other House, it shall no longer be in order to consider the joint resolution that originated in the receiving House. (b) If the Board of Trustees of the Federal Hospital Insurance Trust Fund or the Federal Supplementary Medical Insurance Trust Fund determines at any time that the balance ratio of either such Trust Fund.", "id": "HF9C9B196A41242358455911399A17304", "header": "In General", "nested": [], "links": [ { "text": "42 U.S.C. 910", "legal-doc": "usc", "parsable-cite": "usc/42/910" } ] }, { "text": "(b) Conforming Amendments \n(1) Section 709(b) of such Act (as amended by subsection (a) of this section) is amended by striking any such and inserting either such. (2) Section 709(c) of such Act (as redesignated by subsection (a) of this section) is amended by inserting or (b) after subsection (a).", "id": "H9C9B1642D069429698AEA7297A3F0A2", "header": "Conforming Amendments", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 910", "legal-doc": "usc", "parsable-cite": "usc/42/910" } ] }, { "text": "709. (a) (1) (A) If the Board of Trustees of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund determines at any time, using intermediate actuarial assumptions, that the balance ratio of either such Trust Fund for any calendar year during the succeeding period of 75 calendar years will be zero, the Board shall promptly submit to each House of the Congress and to the President a report setting forth its recommendations for statutory adjustments affecting the receipts and disbursements of such Trust Fund necessary to maintain the balance ratio of such Trust Fund at not less than 20 percent, with due regard to the economic conditions which created such inadequacy in the balance ratio and the amount of time necessary to alleviate such inadequacy in a prudent manner. The report shall set forth specifically the extent to which benefits would have to be reduced, taxes under section 1401, 3101, or 3111 of the Internal Revenue Code of 1986 would have to be increased, or a combination thereof, in order to obtain the objectives referred to in the preceding sentence. (B) In addition to any reports under subparagraph (A), the Board shall, not later than May 30, 2001, prepare and submit to Congress and the President recommendations for statutory adjustments to the disability insurance program under title II of this Act to modify the changes in disability benefits under the 21st Century Retirement Security Act without reducing the balance ratio of the Federal Disability Insurance Trust Fund. The Board shall develop such recommendations in consultation with the National Council on Disability, taking into consideration the adequacy of benefits under the program, the relationship of such program with old age benefits under such title, and changes in the process for determining initial eligibility and reviewing continued eligibility for benefits under such program. (2) (A) The President shall, no later than 30 days after the submission of the report to the President, transmit to the Board and to the Congress a report containing the President's approval or disapproval of the Board's recommendations. (B) If the President approves all the recommendations of the Board, the President shall transmit a copy of such recommendations to the Congress as the President's recommendations, together with a certification of the President's adoption of such recommendations. (C) If the President disapproves the recommendations of the Board, in whole or in part, the President shall transmit to the Board and the Congress the reasons for that disapproval. The Board shall then transmit to the Congress and the President, no later than 60 days after the date of the submission of the original report to the President, a revised list of recommendations. (D) If the President approves all of the revised recommendations of the Board transmitted to the President under subparagraph (C), the President shall transmit a copy of such revised recommendations to the Congress as the President's recommendations, together with a certification of the President's adoption of such recommendations. (E) If the President disapproves the revised recommendations of the Board, in whole or in part, the President shall transmit to the Board and the Congress the reasons for that disapproval, together with such revisions to such recommendations as the President determines are necessary to bring such recommendations within the President’s approval. The President shall transmit a copy of such recommendations, as so revised, to the Board and the Congress as the President’s recommendations, together with a certification of the President’s adoption of such recommendations. (3) (A) This paragraph is enacted by Congress— (i) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only to the extent that it is inconsistent with such rules; and (ii) 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. (B) For purposes of this paragraph, the term joint resolution means only a joint resolution which is introduced within the 10-day period beginning on the date on which the President transmits the President's recommendations, together with the President's certification, to the Congress under subparagraph (B), (D), or (E) of paragraph (2), and— (i) which does not have a preamble; (ii) the matter after the resolving clause of which is as follows: That the Congress approves the recommendations of the President as transmitted on ______ pursuant to section 709(a) of the Social Security Act, as follows:________ , the first blank space being filled in with the appropriate date and the second blank space being filled in with the statutory adjustments contained in the recommendations; and (iii) the title of which is as follows: Joint resolution approving the recommendations of the President regarding social security. (C) A joint resolution described in subparagraph (B) that is introduced in the House of Representatives shall be referred to the Committee on Ways and Means of the House of Representatives. A joint resolution described in subparagraph (B) introduced in the Senate shall be referred to the Committee on Finance of the Senate. (D) If the committee to which a joint resolution described in subparagraph (B) is referred has not reported such joint resolution (or an identical joint resolution) by the end of the 20-day period beginning on the date on which the President transmits the recommendation to the Congress under paragraph (2), such committee shall be, at the end of such period, discharged from further consideration of such joint resolution, and such joint resolution shall be placed on the appropriate calendar of the House involved. (E) (i) On or after the third day after the date on which the committee to which such a joint resolution is referred has reported, or has been discharged (under subparagraph (D)) from further consideration of, such a joint resolution, 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 joint 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, except that, in the case of the House of Representatives, the motion may be made without such prior announcement if the motion is made by direction of the committee to which the joint resolution was referred. All points of order against the joint resolution (and against consideration of the joint 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 joint 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 joint resolution shall remain the unfinished business of the respective House until disposed of. (ii) Debate on the joint 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 joint resolution. An amendment to the joint 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 joint resolution is not in order. A motion to reconsider the vote by which the joint resolution is agreed to or disagreed to is not in order. (iii) Immediately following the conclusion of the debate on a joint resolution described in subparagraph (B) 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 joint resolution shall occur. (iv) 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 joint resolution described in subparagraph (B) shall be decided without debate. (F) (i) If, before the passage by one House of a joint resolution of that House described in subparagraph (B), that House receives from the other House a joint resolution described in subparagraph (B), then the following procedures shall apply: (I) The joint 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 subclause (II). (II) With respect to a joint resolution described in subparagraph (B) of the House receiving the joint resolution, the procedure in that House shall be the same as if no joint resolution had been received from the other House, but the vote on final passage shall be on the joint resolution of the other House. (ii) Upon disposition of the joint resolution received from the other House, it shall no longer be in order to consider the joint resolution that originated in the receiving House. (b) If the Board of Trustees of the Federal Hospital Insurance Trust Fund or the Federal Supplementary Medical Insurance Trust Fund determines at any time that the balance ratio of either such Trust Fund", "id": "H136DC43994C74A338696493465EEF84", "header": null, "nested": [ { "text": "(a) (1) (A) If the Board of Trustees of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund determines at any time, using intermediate actuarial assumptions, that the balance ratio of either such Trust Fund for any calendar year during the succeeding period of 75 calendar years will be zero, the Board shall promptly submit to each House of the Congress and to the President a report setting forth its recommendations for statutory adjustments affecting the receipts and disbursements of such Trust Fund necessary to maintain the balance ratio of such Trust Fund at not less than 20 percent, with due regard to the economic conditions which created such inadequacy in the balance ratio and the amount of time necessary to alleviate such inadequacy in a prudent manner. The report shall set forth specifically the extent to which benefits would have to be reduced, taxes under section 1401, 3101, or 3111 of the Internal Revenue Code of 1986 would have to be increased, or a combination thereof, in order to obtain the objectives referred to in the preceding sentence. (B) In addition to any reports under subparagraph (A), the Board shall, not later than May 30, 2001, prepare and submit to Congress and the President recommendations for statutory adjustments to the disability insurance program under title II of this Act to modify the changes in disability benefits under the 21st Century Retirement Security Act without reducing the balance ratio of the Federal Disability Insurance Trust Fund. The Board shall develop such recommendations in consultation with the National Council on Disability, taking into consideration the adequacy of benefits under the program, the relationship of such program with old age benefits under such title, and changes in the process for determining initial eligibility and reviewing continued eligibility for benefits under such program. (2) (A) The President shall, no later than 30 days after the submission of the report to the President, transmit to the Board and to the Congress a report containing the President's approval or disapproval of the Board's recommendations. (B) If the President approves all the recommendations of the Board, the President shall transmit a copy of such recommendations to the Congress as the President's recommendations, together with a certification of the President's adoption of such recommendations. (C) If the President disapproves the recommendations of the Board, in whole or in part, the President shall transmit to the Board and the Congress the reasons for that disapproval. The Board shall then transmit to the Congress and the President, no later than 60 days after the date of the submission of the original report to the President, a revised list of recommendations. (D) If the President approves all of the revised recommendations of the Board transmitted to the President under subparagraph (C), the President shall transmit a copy of such revised recommendations to the Congress as the President's recommendations, together with a certification of the President's adoption of such recommendations. (E) If the President disapproves the revised recommendations of the Board, in whole or in part, the President shall transmit to the Board and the Congress the reasons for that disapproval, together with such revisions to such recommendations as the President determines are necessary to bring such recommendations within the President’s approval. The President shall transmit a copy of such recommendations, as so revised, to the Board and the Congress as the President’s recommendations, together with a certification of the President’s adoption of such recommendations. (3) (A) This paragraph is enacted by Congress— (i) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only to the extent that it is inconsistent with such rules; and (ii) 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. (B) For purposes of this paragraph, the term joint resolution means only a joint resolution which is introduced within the 10-day period beginning on the date on which the President transmits the President's recommendations, together with the President's certification, to the Congress under subparagraph (B), (D), or (E) of paragraph (2), and— (i) which does not have a preamble; (ii) the matter after the resolving clause of which is as follows: That the Congress approves the recommendations of the President as transmitted on ______ pursuant to section 709(a) of the Social Security Act, as follows:________ , the first blank space being filled in with the appropriate date and the second blank space being filled in with the statutory adjustments contained in the recommendations; and (iii) the title of which is as follows: Joint resolution approving the recommendations of the President regarding social security. (C) A joint resolution described in subparagraph (B) that is introduced in the House of Representatives shall be referred to the Committee on Ways and Means of the House of Representatives. A joint resolution described in subparagraph (B) introduced in the Senate shall be referred to the Committee on Finance of the Senate. (D) If the committee to which a joint resolution described in subparagraph (B) is referred has not reported such joint resolution (or an identical joint resolution) by the end of the 20-day period beginning on the date on which the President transmits the recommendation to the Congress under paragraph (2), such committee shall be, at the end of such period, discharged from further consideration of such joint resolution, and such joint resolution shall be placed on the appropriate calendar of the House involved. (E) (i) On or after the third day after the date on which the committee to which such a joint resolution is referred has reported, or has been discharged (under subparagraph (D)) from further consideration of, such a joint resolution, 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 joint 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, except that, in the case of the House of Representatives, the motion may be made without such prior announcement if the motion is made by direction of the committee to which the joint resolution was referred. All points of order against the joint resolution (and against consideration of the joint 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 joint 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 joint resolution shall remain the unfinished business of the respective House until disposed of. (ii) Debate on the joint 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 joint resolution. An amendment to the joint 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 joint resolution is not in order. A motion to reconsider the vote by which the joint resolution is agreed to or disagreed to is not in order. (iii) Immediately following the conclusion of the debate on a joint resolution described in subparagraph (B) 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 joint resolution shall occur. (iv) 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 joint resolution described in subparagraph (B) shall be decided without debate. (F) (i) If, before the passage by one House of a joint resolution of that House described in subparagraph (B), that House receives from the other House a joint resolution described in subparagraph (B), then the following procedures shall apply: (I) The joint 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 subclause (II). (II) With respect to a joint resolution described in subparagraph (B) of the House receiving the joint resolution, the procedure in that House shall be the same as if no joint resolution had been received from the other House, but the vote on final passage shall be on the joint resolution of the other House. (ii) Upon disposition of the joint resolution received from the other House, it shall no longer be in order to consider the joint resolution that originated in the receiving House.", "id": "HA23BD85092604F1B8221484D5CAC53A3", "header": null, "nested": [], "links": [] }, { "text": "(b) If the Board of Trustees of the Federal Hospital Insurance Trust Fund or the Federal Supplementary Medical Insurance Trust Fund determines at any time that the balance ratio of either such Trust Fund", "id": "H34D67BBF82864E209B97002064CF2B29", "header": null, "nested": [], "links": [] } ], "links": [] }, { "text": "15. Increase in widow’s and widower’s insurance benefits \n(a) Widow’s insurance benefits \nSection 202(e) of the Social Security Act ( 42 U.S.C. 402(e) ) is amended by adding at the end the following new paragraph: (10) (A) In any case in which the amount of a widow’s insurance benefit (as determined under the preceding paragraphs of this subsection) for the entitlement month of the widow (or surviving divorced wife) is less than the minimum benefit amount for such month determined under subparagraph (C), the amount of such benefit for such month and each succeeding month shall be increased to such minimum benefit amount (or the amount most recently established in lieu thereof under section 215(i)). (B) For purposes of this paragraph, the term entitlement month of a widow (or surviving divorced wife) means, in connection with her benefit under this subsection, the first month of her entitlement to such benefit. (C) For purposes of subparagraph (A), the minimum benefit amount determined under this subparagraph for the entitlement month of the widow (or surviving divorced wife) is an amount equal to the lesser of— (i) 75 percent of the sum of— (I) the imputed deceased individual’s benefit for such month, as determined under subparagraph (D) or (E) (as applicable), and (II) the imputed survivor benefit for such month, as determined under subparagraph (F), or (ii) the increased benefit cap determined under subparagraph (G) for such month. (D) (i) For purposes of subparagraph (C)(i)(I), if the deceased individual died in a month for which he was not entitled to any benefit under this title based on his wages or self-employment income or the wages and self-employment income of the widow (or surviving divorced wife), the imputed deceased individual’s benefit for the entitlement month of the widow (or surviving divorced wife) is the sum of— (I) the imputed old-age insurance benefit (determined under clause (ii)) of the deceased individual for her entitlement month (if any), and (II) the imputed husband’s insurance benefit (determined under clause (iii)) of the deceased individual for her entitlement month (if any). (ii) The amount of the imputed old-age insurance benefit of the deceased individual for the entitlement month of the widow (or surviving divorced wife) is the amount of the old-age insurance benefit to which he would have been entitled for such month— (I) determined, in the case of such a deceased individual who had attained age 62 as of the date of his death, as if he had applied for such benefit in the month of his death and had survived throughout the subsequent period ending with her entitlement month, or (II) determined, in the case of such a deceased individual who died before attaining age 62 but would have attained age 62 before the end of her entitlement month, as if he had survived throughout the subsequent period ending with her entitlement month, and had applied for such benefit during the first month for which he would have been eligible for such benefit (assuming a primary insurance amount for the deceased individual determined under paragraph (2)(B) of this subsection). For purposes of determining the deceased individual’s imputed old-age insurance benefit under this clause, the determination of whether the deceased individual was a fully-insured individual (as defined in section 214(a)) shall be made as of the date of his death. In any case in which the deceased individual died before attaining age 62 and would not have attained age 62 before the end of the entitlement month of the widow (or surviving divorced wife), the deceased individual’s imputed old-age insurance benefit shall be deemed to be zero. (iii) The amount of the imputed husband’s insurance benefit of the deceased individual for the entitlement month of the widow (or surviving divorced wife) is the amount of the husband’s insurance benefit under subsection (c) to which he would have been entitled for such month (assuming, for purposes of reduction under subsection (k)(3)(A), the entitlement to an old-age insurance benefit for such month, if any, as described in clause (ii))— (I) determined, in the case of such a deceased individual who had attained age 62 as of the date of his death, as if he had applied for such benefit in the month of his death and had survived throughout the subsequent period ending with her entitlement month, or (II) determined, in the case of such a deceased individual who died before attaining age 62 but would have attained age 62 before the end of her entitlement month, as if he had survived throughout the subsequent period ending with her entitlement month and had applied for such benefit during the first month for which he would have been eligible for such benefit. In any case in which the deceased individual died before he attained age 62 and would not have attained age 62 before the end of the entitlement month of the widow (or surviving divorced spouse), the deceased individual’s imputed husband’s insurance benefit shall be deemed to be zero. (E) (i) For purposes of subparagraph (C), if the deceased individual died during a month for which he otherwise would have been entitled (but for his death) to an old-age insurance benefit under subsection (a) or a disability insurance benefit under section 223, or to a husband’s insurance benefit under subsection (c) based on the wages and self-employment income of the widow (or surviving divorced wife), the imputed deceased individual’s benefit for the entitlement month of the widow (or surviving divorced wife) is the sum of— (I) the amount of the old-age or disability insurance benefit (if any) to which he would have been entitled for her entitlement month if he had survived throughout the period subsequent to his death and ending with such month, and (II) the amount of the husband’s insurance benefit (if any) to which he would have been entitled for her entitlement month based on her wages and self-employment income if he had survived throughout the period subsequent to his death and ending with such month (assuming, for purposes of reduction under subsection (k)(3)(A), the entitlement to an old-age or disability insurance benefit for such month, if any, as described in subclause (I)). (ii) If the deceased individual otherwise would have been entitled (but for his death) to a disability insurance benefit under section 223 for the month in which he died, the amount determined under clause (i) shall be determined as if he had survived throughout the period commencing with the month of his death and ending with the entitlement month of the widow (or surviving divorced wife) and he had remained entitled to disability insurance benefits throughout such period (or until becoming entitled to old-age insurance benefits under subsection (a) during such period). (F) For purposes of subparagraph (C)(i)(II)— (i) In the case of a widow (or surviving divorced wife) who is entitled for her entitlement month to an old-age insurance benefit under subsection (a) or a disability insurance benefit under section 223, or otherwise would have been entitled (but for the deceased individual’s death) to a wife’s insurance benefit under subsection (b) for such month, the amount of her imputed survivor benefit for such month is the sum of— (I) the amount of such old-age or disability insurance benefit (if any), and (II) the amount of such wife’s insurance benefit (if any), assuming, for purposes of reduction under subsection (k)(3)(A), the entitlement to an old-age insurance or disability insurance benefit for such month (if any), as described in subclause (I). (ii) In the case of a widow (or surviving divorced wife) who is not described in clause (i) but has attained (or would attain) age 62 as of the end of her entitlement month, the amount of her imputed survivor benefit is the sum of— (I) the amount of the old-age insurance benefit under subsection (a) to which she would be entitled for such month if she filed application for such benefit during such month, and (II) the amount to which she otherwise would have been entitled (but for the deceased individual’s death) as a wife’s insurance benefit under subsection (b) for such month, based on the deceased individual’s wages and self-employment income, if she had filed application for such benefit during such month (assuming a primary insurance amount for the deceased individual determined under paragraph (2)(B) of this subsection and assuming, for purposes of reduction under subsection (k)(3)(A), the entitlement to an old-age insurance benefit for such month, if any, as described in subclause (I)). In any case in which the widow (or surviving divorced wife) would not attain age 62 before the end of the her entitlement month, her imputed survivor benefit shall be deemed to be zero. (G) The increased benefit cap determined under this subparagraph for the entitlement month of the widow (or surviving divorced wife) is the amount which would be the amount of a theoretical individual’s old-age insurance benefit under subsection (a) (reduced as provided in subsection (q)) if— (i) such theoretical individual’s primary insurance amount for the first month of entitlement were equal to the average of the primary insurance amounts upon which old-age insurance benefits under subsection (a) are payable for— (I) in any case in which the entitlement month of the widow (or surviving divorced wife) is the month of December, such month, or (II) in any other case, the latest month of December preceding such entitlement month, (ii) such first month of such theoretical individual’s entitlement to such old-age insurance benefit were the entitlement month of the widow (or surviving divorced spouse), and (iii) the month in which the theoretical individual attained or would attain retirement age (as defined in section 216(l)) were the month in which the widow (or surviving divorced wife) attained or would attain retirement age (as so defined). (H) If, in determining the amount of the benefit under this section pursuant to this paragraph, the imputed old-age insurance benefit or imputed husband’s insurance benefit of the deceased individual was deemed to be zero pursuant to the last sentence of clause (ii) or (iii) of subparagraph (D), or the imputed survivor benefit of the widow (or surviving divorced wife) was deemed to be zero pursuant to the last sentence of subparagraph (F), effective for any month after the entitlement month of the widow (or surviving divorced wife) in which the deceased individual would have attained age 62 or she attains age 62, the Commissioner shall recompute the amount of the benefit under this paragraph by substituting a reference to such later month for each reference in the preceding provisions of this paragraph to her entitlement month. (I) (i) Any reference in this paragraph to the widow’s insurance benefit (as determined under the preceding paragraphs of this subsection) shall be deemed a reference to such benefit, taking into account all applicable reductions and deductions under this title. (ii) Any reference in this paragraph to the imputed old-age insurance benefit or imputed husband’s insurance benefit described in subparagraph (D), the old-age insurance benefit, disability insurance benefit, or husband’s insurance benefit described in subparagraph (E), or the old-age insurance benefit, disability insurance benefit, or wife’s insurance benefit described in subparagraph (F) shall be deemed a reference to such benefit, taking into account applicable reductions under this section but disregarding reductions or deductions otherwise applicable under this title. (iii) A widow’s insurance benefit which has been increased under this paragraph shall be subject to all reductions and deductions otherwise applicable to widow’s insurance benefits under this title, except that such benefit shall not be subject to any reduction otherwise applicable under subsection (q)(1).. (b) Widower’s insurance benefits \nSection 202(f) of such Act ( 42 U.S.C. 402(f) ) is amended by adding at the end the following new paragraph: (10) (A) In any case in which the amount of a widower’s insurance benefit (as determined under the preceding paragraphs of this subsection) for the entitlement month of the widower (or surviving divorced husband) is less than the minimum benefit amount for such month determined under subparagraph (C), the amount of such benefit for such month and each succeeding month shall be increased to such minimum benefit amount (or the amount most recently established in lieu thereof under section 215(i)). (B) For purposes of this paragraph, the term entitlement month of a widower (or surviving divorced husband) means, in connection with his benefit under this subsection, the first month of his entitlement to such benefit. (C) For purposes of subparagraph (A), the minimum benefit amount determined under this subparagraph for the entitlement month of the widower (or surviving divorced husband) is an amount equal to the lesser of— (i) 75 percent of the sum of— (I) the imputed deceased individual’s benefit for such month, as determined under subparagraph (D) or (E) (as applicable), and (II) the imputed survivor benefit for such month, as determined under subparagraph (F), or (ii) the increased benefit cap determined under subparagraph (G) for such month. (D) (i) For purposes of subparagraph (C)(i)(I), if the deceased individual died in a month for which she was not entitled to any benefit under this title based on her wages or self-employment income or the wages and self-employment income of the widower (or surviving divorced husband), the imputed deceased individual’s benefit for the entitlement month of the widower (or surviving divorced husband) is the sum of— (I) the imputed old-age insurance benefit (determined under clause (ii)) of the deceased individual for his entitlement month (if any), and (II) the imputed wife’s insurance benefit (determined under clause (iii)) of the deceased individual for his entitlement month (if any). (ii) The amount of the imputed old-age insurance benefit of the deceased individual for the entitlement month of the widower (or surviving divorced husband) is the amount of the old-age insurance benefit to which she would have been entitled for such month— (I) determined, in the case of such a deceased individual who had attained age 62 as of the date of her death, as if she had applied for such benefit in the month of her death and had survived throughout the subsequent period ending with his entitlement month, or (II) determined, in the case of such a deceased individual who died before attaining age 62 but would have attained age 62 before the end of his entitlement month, as if she had survived throughout the subsequent period ending with his entitlement month, and had applied for such benefit during the first month for which she would have been eligible for such benefit (assuming a primary insurance amount for the deceased individual determined under paragraph (2)(B) of this subsection). For purposes of determining the deceased individual’s imputed old-age insurance benefit under this clause, the determination of whether the deceased individual was a fully-insured individual (as defined in section 214(a)) shall be made as of the date of her death. In any case in which the deceased individual died before attaining age 62 and would not have attained age 62 before the end of the entitlement month of the widower (or surviving divorced husband), the deceased individual’s imputed old-age insurance benefit shall be deemed to be zero. (iii) The amount of the imputed wife’s insurance benefit of the deceased individual for the entitlement month of the widower (or surviving divorced husband) is the amount of the wife’s insurance benefit under subsection (b) to which she would have been entitled for such month (assuming, for purposes of reduction under subsection (k)(3)(A), the entitlement to an old-age insurance benefit for such month, if any, as described in clause (ii))— (I) determined, in the case of such a deceased individual who had attained age 62 as of the date of her death, as if she had applied for such benefit in the month of her death and had survived throughout the subsequent period ending with his entitlement month, or (II) determined, in the case of such a deceased individual who died before attaining age 62 but would have attained age 62 before the end of his entitlement month, as if she had survived throughout the subsequent period ending with his entitlement month and had applied for such benefit during the first month for which she would have been eligible for such benefit. In any case in which the deceased individual died before she attained age 62 and would not have attained age 62 before the end of the entitlement month of the widower (or surviving divorced husband), the deceased individual’s imputed husband’s insurance benefit shall be deemed to be zero. (E) (i) For purposes of subparagraph (C), if the deceased individual died during a month for which she otherwise would have been entitled (but for her death) to an old-age insurance benefit under subsection (a) or a disability insurance benefit under section 223, or to a wife’s insurance benefit under subsection (b) based on the wages and self-employment income of the widower (or surviving divorced husband), the imputed deceased individual’s benefit for the entitlement month of the widower (or surviving divorced husband) is the sum of— (I) the amount of the old-age or disability insurance benefit (if any) to which she would have been entitled for his entitlement month if she had survived throughout the period subsequent to her death and ending with such month, and (II) the amount of the wife’s insurance benefit (if any) to which she would have been entitled for his entitlement month based on his wages and self-employment income if she had survived throughout the period subsequent to her death and ending with such month (assuming, for purposes of reduction under subsection (k)(3)(A), the entitlement to an old-age or disability insurance benefit for such month, if any, as described in subclause (I)). (ii) If the deceased individual otherwise would have been entitled (but for her death) to a disability insurance benefit under section 223 for the month in which she died, the amount determined under clause (i) shall be determined as if she had survived throughout the period commencing with the month of her death and ending with the entitlement month of the widower (or surviving divorced husband) and she had remained entitled to disability insurance benefits throughout such period (or until becoming entitled to old-age insurance benefits under subsection (a) during such period). (F) For purposes of subparagraph (C)(i)(II)— (i) In the case of a widower (or surviving divorced husband) who is entitled for his entitlement month to an old-age insurance benefit under subsection (a) or a disability insurance benefit under section 223, or otherwise would have been entitled (but for the deceased individual’s death) to a husband’s insurance benefit under subsection (c) for such month, the amount of her imputed survivor benefit for such month is the sum of— (I) the amount of such old-age or disability insurance benefit (if any), and (II) the amount of such husband’s insurance benefit (if any), assuming, for purposes of reduction under subsection (k)(3)(A), the entitlement to an old-age insurance or disability insurance benefit for such month (if any), as described in subclause (I). (ii) In the case of a widower (or surviving divorced husband) who is not described in clause (i) but has attained (or would attain) age 62 as of the end of his entitlement month, the amount of his imputed survivor benefit is the sum of— (I) the amount of the old-age insurance benefit under subsection (a) to which he would be entitled for such month if he filed application for such benefit during such month, and (II) the amount to which he otherwise would have been entitled (but for the deceased individual’s death) as a husband’s insurance benefit under subsection (c) for such month, based on the deceased individual’s wages and self-employment income, if he had filed application for such benefit during such month (assuming a primary insurance amount for the deceased individual determined under paragraph (2)(B) of this subsection and assuming, for purposes of reduction under subsection (k)(3)(A), the entitlement to an old-age insurance benefit for such month, if any, as described in subclause (I)). In any case in which the widower (or surviving divorced husband) would not attain age 62 before the end of the his entitlement month, his imputed survivor benefit shall be deemed to be zero. (G) The increased benefit cap determined under this subparagraph for the entitlement month of the widower (or surviving divorced husband) is the amount which would be the amount of a theoretical individual’s old-age insurance benefit under subsection (a) (reduced as provided in subsection (q)) if— (i) such theoretical individual’s primary insurance amount for the first month of entitlement were equal to the average of the primary insurance amounts upon which old-age insurance benefits under subsection (a) are payable for— (I) in any case in which the entitlement month of the widower (or surviving divorced husband) is the month of December, such month, or (II) in any other case, the latest month of December preceding such entitlement month, (ii) such first month of such theoretical individual’s entitlement to such old-age insurance benefit were the entitlement month of the widower (or surviving divorced husband), and (iii) the month in which the theoretical individual attained or would attain retirement age (as defined in section 216(l)) were the month in which the widower (or surviving divorced husband) attained or would attain retirement age (as so defined). (H) If, in determining the amount of the benefit under this section pursuant to this paragraph, the imputed old-age insurance benefit or imputed wife’s insurance benefit of the deceased individual was deemed to be zero pursuant to the last sentence of clause (ii) or (iii) of subparagraph (D), or the imputed survivor benefit of the widower (or surviving divorced husband) was deemed to be zero pursuant to the last sentence of subparagraph (F), effective for any month after the entitlement month of the widower (or surviving divorced husband) in which the deceased individual would have attained age 62 or he attains age 62, the Commissioner shall recompute the amount of the benefit under this paragraph by substituting a reference to such later month for each reference in the preceding provisions of this paragraph to her entitlement month. (I) (i) Any reference in this paragraph to the widower’s insurance benefit (as determined under the preceding paragraphs of this subsection) shall be deemed a reference to such benefit, taking into account all applicable reductions and deductions under this title. (ii) Any reference in this paragraph to the imputed old-age insurance benefit or imputed wife’s insurance benefit described in subparagraph (D), the old-age insurance benefit, disability insurance benefit, or wife’s insurance benefit described in subparagraph (E), or the old-age insurance benefit, disability insurance benefit, or husband’s insurance benefit described in subparagraph (F) shall be deemed a reference to such benefit, taking into account applicable reductions under this section but disregarding reductions or deductions otherwise applicable under this title. (iii) A widower’s insurance benefit which has been increased under this paragraph shall be subject to all reductions and deductions otherwise applicable to widower’s insurance benefits under this title, except that such benefit shall not be subject to any reduction otherwise applicable under subsection (q)(1).. (c) Cost-of-living adjustments to guaranteed widow’s and widower’s insurance benefits \nSection 215(i)(2)(A)(ii) of such Act ( 42 U.S.C. 415(i)(2)(A)(ii) ) is amended— (1) in subclause (II), by striking and at the end; (2) in subclause (III), by striking 1978. and inserting 1979, and ; (3) by adding at the end the following new subclause: (IV) the benefit amount to which an individual is entitled for that month under subsection (e) or (f) of section 202 if such benefit amount has been increased under paragraph (10) of such subsection. ; and (4) in the matter following subclause (IV) (added by paragraph (3)), by striking (I), (II), and (III) and inserting (I), (II), (III), and (IV). (d) Effective date \nThe amendments made by this section shall apply with respect to widow’s and widower’s insurance benefits for months after November 2005.", "id": "HD0FDEB3E0ED244A9A87D18524246D3F2", "header": "Increase in widow’s and widower’s insurance benefits", "nested": [ { "text": "(a) Widow’s insurance benefits \nSection 202(e) of the Social Security Act ( 42 U.S.C. 402(e) ) is amended by adding at the end the following new paragraph: (10) (A) In any case in which the amount of a widow’s insurance benefit (as determined under the preceding paragraphs of this subsection) for the entitlement month of the widow (or surviving divorced wife) is less than the minimum benefit amount for such month determined under subparagraph (C), the amount of such benefit for such month and each succeeding month shall be increased to such minimum benefit amount (or the amount most recently established in lieu thereof under section 215(i)). (B) For purposes of this paragraph, the term entitlement month of a widow (or surviving divorced wife) means, in connection with her benefit under this subsection, the first month of her entitlement to such benefit. (C) For purposes of subparagraph (A), the minimum benefit amount determined under this subparagraph for the entitlement month of the widow (or surviving divorced wife) is an amount equal to the lesser of— (i) 75 percent of the sum of— (I) the imputed deceased individual’s benefit for such month, as determined under subparagraph (D) or (E) (as applicable), and (II) the imputed survivor benefit for such month, as determined under subparagraph (F), or (ii) the increased benefit cap determined under subparagraph (G) for such month. (D) (i) For purposes of subparagraph (C)(i)(I), if the deceased individual died in a month for which he was not entitled to any benefit under this title based on his wages or self-employment income or the wages and self-employment income of the widow (or surviving divorced wife), the imputed deceased individual’s benefit for the entitlement month of the widow (or surviving divorced wife) is the sum of— (I) the imputed old-age insurance benefit (determined under clause (ii)) of the deceased individual for her entitlement month (if any), and (II) the imputed husband’s insurance benefit (determined under clause (iii)) of the deceased individual for her entitlement month (if any). (ii) The amount of the imputed old-age insurance benefit of the deceased individual for the entitlement month of the widow (or surviving divorced wife) is the amount of the old-age insurance benefit to which he would have been entitled for such month— (I) determined, in the case of such a deceased individual who had attained age 62 as of the date of his death, as if he had applied for such benefit in the month of his death and had survived throughout the subsequent period ending with her entitlement month, or (II) determined, in the case of such a deceased individual who died before attaining age 62 but would have attained age 62 before the end of her entitlement month, as if he had survived throughout the subsequent period ending with her entitlement month, and had applied for such benefit during the first month for which he would have been eligible for such benefit (assuming a primary insurance amount for the deceased individual determined under paragraph (2)(B) of this subsection). For purposes of determining the deceased individual’s imputed old-age insurance benefit under this clause, the determination of whether the deceased individual was a fully-insured individual (as defined in section 214(a)) shall be made as of the date of his death. In any case in which the deceased individual died before attaining age 62 and would not have attained age 62 before the end of the entitlement month of the widow (or surviving divorced wife), the deceased individual’s imputed old-age insurance benefit shall be deemed to be zero. (iii) The amount of the imputed husband’s insurance benefit of the deceased individual for the entitlement month of the widow (or surviving divorced wife) is the amount of the husband’s insurance benefit under subsection (c) to which he would have been entitled for such month (assuming, for purposes of reduction under subsection (k)(3)(A), the entitlement to an old-age insurance benefit for such month, if any, as described in clause (ii))— (I) determined, in the case of such a deceased individual who had attained age 62 as of the date of his death, as if he had applied for such benefit in the month of his death and had survived throughout the subsequent period ending with her entitlement month, or (II) determined, in the case of such a deceased individual who died before attaining age 62 but would have attained age 62 before the end of her entitlement month, as if he had survived throughout the subsequent period ending with her entitlement month and had applied for such benefit during the first month for which he would have been eligible for such benefit. In any case in which the deceased individual died before he attained age 62 and would not have attained age 62 before the end of the entitlement month of the widow (or surviving divorced spouse), the deceased individual’s imputed husband’s insurance benefit shall be deemed to be zero. (E) (i) For purposes of subparagraph (C), if the deceased individual died during a month for which he otherwise would have been entitled (but for his death) to an old-age insurance benefit under subsection (a) or a disability insurance benefit under section 223, or to a husband’s insurance benefit under subsection (c) based on the wages and self-employment income of the widow (or surviving divorced wife), the imputed deceased individual’s benefit for the entitlement month of the widow (or surviving divorced wife) is the sum of— (I) the amount of the old-age or disability insurance benefit (if any) to which he would have been entitled for her entitlement month if he had survived throughout the period subsequent to his death and ending with such month, and (II) the amount of the husband’s insurance benefit (if any) to which he would have been entitled for her entitlement month based on her wages and self-employment income if he had survived throughout the period subsequent to his death and ending with such month (assuming, for purposes of reduction under subsection (k)(3)(A), the entitlement to an old-age or disability insurance benefit for such month, if any, as described in subclause (I)). (ii) If the deceased individual otherwise would have been entitled (but for his death) to a disability insurance benefit under section 223 for the month in which he died, the amount determined under clause (i) shall be determined as if he had survived throughout the period commencing with the month of his death and ending with the entitlement month of the widow (or surviving divorced wife) and he had remained entitled to disability insurance benefits throughout such period (or until becoming entitled to old-age insurance benefits under subsection (a) during such period). (F) For purposes of subparagraph (C)(i)(II)— (i) In the case of a widow (or surviving divorced wife) who is entitled for her entitlement month to an old-age insurance benefit under subsection (a) or a disability insurance benefit under section 223, or otherwise would have been entitled (but for the deceased individual’s death) to a wife’s insurance benefit under subsection (b) for such month, the amount of her imputed survivor benefit for such month is the sum of— (I) the amount of such old-age or disability insurance benefit (if any), and (II) the amount of such wife’s insurance benefit (if any), assuming, for purposes of reduction under subsection (k)(3)(A), the entitlement to an old-age insurance or disability insurance benefit for such month (if any), as described in subclause (I). (ii) In the case of a widow (or surviving divorced wife) who is not described in clause (i) but has attained (or would attain) age 62 as of the end of her entitlement month, the amount of her imputed survivor benefit is the sum of— (I) the amount of the old-age insurance benefit under subsection (a) to which she would be entitled for such month if she filed application for such benefit during such month, and (II) the amount to which she otherwise would have been entitled (but for the deceased individual’s death) as a wife’s insurance benefit under subsection (b) for such month, based on the deceased individual’s wages and self-employment income, if she had filed application for such benefit during such month (assuming a primary insurance amount for the deceased individual determined under paragraph (2)(B) of this subsection and assuming, for purposes of reduction under subsection (k)(3)(A), the entitlement to an old-age insurance benefit for such month, if any, as described in subclause (I)). In any case in which the widow (or surviving divorced wife) would not attain age 62 before the end of the her entitlement month, her imputed survivor benefit shall be deemed to be zero. (G) The increased benefit cap determined under this subparagraph for the entitlement month of the widow (or surviving divorced wife) is the amount which would be the amount of a theoretical individual’s old-age insurance benefit under subsection (a) (reduced as provided in subsection (q)) if— (i) such theoretical individual’s primary insurance amount for the first month of entitlement were equal to the average of the primary insurance amounts upon which old-age insurance benefits under subsection (a) are payable for— (I) in any case in which the entitlement month of the widow (or surviving divorced wife) is the month of December, such month, or (II) in any other case, the latest month of December preceding such entitlement month, (ii) such first month of such theoretical individual’s entitlement to such old-age insurance benefit were the entitlement month of the widow (or surviving divorced spouse), and (iii) the month in which the theoretical individual attained or would attain retirement age (as defined in section 216(l)) were the month in which the widow (or surviving divorced wife) attained or would attain retirement age (as so defined). (H) If, in determining the amount of the benefit under this section pursuant to this paragraph, the imputed old-age insurance benefit or imputed husband’s insurance benefit of the deceased individual was deemed to be zero pursuant to the last sentence of clause (ii) or (iii) of subparagraph (D), or the imputed survivor benefit of the widow (or surviving divorced wife) was deemed to be zero pursuant to the last sentence of subparagraph (F), effective for any month after the entitlement month of the widow (or surviving divorced wife) in which the deceased individual would have attained age 62 or she attains age 62, the Commissioner shall recompute the amount of the benefit under this paragraph by substituting a reference to such later month for each reference in the preceding provisions of this paragraph to her entitlement month. (I) (i) Any reference in this paragraph to the widow’s insurance benefit (as determined under the preceding paragraphs of this subsection) shall be deemed a reference to such benefit, taking into account all applicable reductions and deductions under this title. (ii) Any reference in this paragraph to the imputed old-age insurance benefit or imputed husband’s insurance benefit described in subparagraph (D), the old-age insurance benefit, disability insurance benefit, or husband’s insurance benefit described in subparagraph (E), or the old-age insurance benefit, disability insurance benefit, or wife’s insurance benefit described in subparagraph (F) shall be deemed a reference to such benefit, taking into account applicable reductions under this section but disregarding reductions or deductions otherwise applicable under this title. (iii) A widow’s insurance benefit which has been increased under this paragraph shall be subject to all reductions and deductions otherwise applicable to widow’s insurance benefits under this title, except that such benefit shall not be subject to any reduction otherwise applicable under subsection (q)(1)..", "id": "HA5FB0EF18C8C4E96AAE7000063B51E4F", "header": "Widow’s insurance benefits", "nested": [], "links": [ { "text": "42 U.S.C. 402(e)", "legal-doc": "usc", "parsable-cite": "usc/42/402" } ] }, { "text": "(b) Widower’s insurance benefits \nSection 202(f) of such Act ( 42 U.S.C. 402(f) ) is amended by adding at the end the following new paragraph: (10) (A) In any case in which the amount of a widower’s insurance benefit (as determined under the preceding paragraphs of this subsection) for the entitlement month of the widower (or surviving divorced husband) is less than the minimum benefit amount for such month determined under subparagraph (C), the amount of such benefit for such month and each succeeding month shall be increased to such minimum benefit amount (or the amount most recently established in lieu thereof under section 215(i)). (B) For purposes of this paragraph, the term entitlement month of a widower (or surviving divorced husband) means, in connection with his benefit under this subsection, the first month of his entitlement to such benefit. (C) For purposes of subparagraph (A), the minimum benefit amount determined under this subparagraph for the entitlement month of the widower (or surviving divorced husband) is an amount equal to the lesser of— (i) 75 percent of the sum of— (I) the imputed deceased individual’s benefit for such month, as determined under subparagraph (D) or (E) (as applicable), and (II) the imputed survivor benefit for such month, as determined under subparagraph (F), or (ii) the increased benefit cap determined under subparagraph (G) for such month. (D) (i) For purposes of subparagraph (C)(i)(I), if the deceased individual died in a month for which she was not entitled to any benefit under this title based on her wages or self-employment income or the wages and self-employment income of the widower (or surviving divorced husband), the imputed deceased individual’s benefit for the entitlement month of the widower (or surviving divorced husband) is the sum of— (I) the imputed old-age insurance benefit (determined under clause (ii)) of the deceased individual for his entitlement month (if any), and (II) the imputed wife’s insurance benefit (determined under clause (iii)) of the deceased individual for his entitlement month (if any). (ii) The amount of the imputed old-age insurance benefit of the deceased individual for the entitlement month of the widower (or surviving divorced husband) is the amount of the old-age insurance benefit to which she would have been entitled for such month— (I) determined, in the case of such a deceased individual who had attained age 62 as of the date of her death, as if she had applied for such benefit in the month of her death and had survived throughout the subsequent period ending with his entitlement month, or (II) determined, in the case of such a deceased individual who died before attaining age 62 but would have attained age 62 before the end of his entitlement month, as if she had survived throughout the subsequent period ending with his entitlement month, and had applied for such benefit during the first month for which she would have been eligible for such benefit (assuming a primary insurance amount for the deceased individual determined under paragraph (2)(B) of this subsection). For purposes of determining the deceased individual’s imputed old-age insurance benefit under this clause, the determination of whether the deceased individual was a fully-insured individual (as defined in section 214(a)) shall be made as of the date of her death. In any case in which the deceased individual died before attaining age 62 and would not have attained age 62 before the end of the entitlement month of the widower (or surviving divorced husband), the deceased individual’s imputed old-age insurance benefit shall be deemed to be zero. (iii) The amount of the imputed wife’s insurance benefit of the deceased individual for the entitlement month of the widower (or surviving divorced husband) is the amount of the wife’s insurance benefit under subsection (b) to which she would have been entitled for such month (assuming, for purposes of reduction under subsection (k)(3)(A), the entitlement to an old-age insurance benefit for such month, if any, as described in clause (ii))— (I) determined, in the case of such a deceased individual who had attained age 62 as of the date of her death, as if she had applied for such benefit in the month of her death and had survived throughout the subsequent period ending with his entitlement month, or (II) determined, in the case of such a deceased individual who died before attaining age 62 but would have attained age 62 before the end of his entitlement month, as if she had survived throughout the subsequent period ending with his entitlement month and had applied for such benefit during the first month for which she would have been eligible for such benefit. In any case in which the deceased individual died before she attained age 62 and would not have attained age 62 before the end of the entitlement month of the widower (or surviving divorced husband), the deceased individual’s imputed husband’s insurance benefit shall be deemed to be zero. (E) (i) For purposes of subparagraph (C), if the deceased individual died during a month for which she otherwise would have been entitled (but for her death) to an old-age insurance benefit under subsection (a) or a disability insurance benefit under section 223, or to a wife’s insurance benefit under subsection (b) based on the wages and self-employment income of the widower (or surviving divorced husband), the imputed deceased individual’s benefit for the entitlement month of the widower (or surviving divorced husband) is the sum of— (I) the amount of the old-age or disability insurance benefit (if any) to which she would have been entitled for his entitlement month if she had survived throughout the period subsequent to her death and ending with such month, and (II) the amount of the wife’s insurance benefit (if any) to which she would have been entitled for his entitlement month based on his wages and self-employment income if she had survived throughout the period subsequent to her death and ending with such month (assuming, for purposes of reduction under subsection (k)(3)(A), the entitlement to an old-age or disability insurance benefit for such month, if any, as described in subclause (I)). (ii) If the deceased individual otherwise would have been entitled (but for her death) to a disability insurance benefit under section 223 for the month in which she died, the amount determined under clause (i) shall be determined as if she had survived throughout the period commencing with the month of her death and ending with the entitlement month of the widower (or surviving divorced husband) and she had remained entitled to disability insurance benefits throughout such period (or until becoming entitled to old-age insurance benefits under subsection (a) during such period). (F) For purposes of subparagraph (C)(i)(II)— (i) In the case of a widower (or surviving divorced husband) who is entitled for his entitlement month to an old-age insurance benefit under subsection (a) or a disability insurance benefit under section 223, or otherwise would have been entitled (but for the deceased individual’s death) to a husband’s insurance benefit under subsection (c) for such month, the amount of her imputed survivor benefit for such month is the sum of— (I) the amount of such old-age or disability insurance benefit (if any), and (II) the amount of such husband’s insurance benefit (if any), assuming, for purposes of reduction under subsection (k)(3)(A), the entitlement to an old-age insurance or disability insurance benefit for such month (if any), as described in subclause (I). (ii) In the case of a widower (or surviving divorced husband) who is not described in clause (i) but has attained (or would attain) age 62 as of the end of his entitlement month, the amount of his imputed survivor benefit is the sum of— (I) the amount of the old-age insurance benefit under subsection (a) to which he would be entitled for such month if he filed application for such benefit during such month, and (II) the amount to which he otherwise would have been entitled (but for the deceased individual’s death) as a husband’s insurance benefit under subsection (c) for such month, based on the deceased individual’s wages and self-employment income, if he had filed application for such benefit during such month (assuming a primary insurance amount for the deceased individual determined under paragraph (2)(B) of this subsection and assuming, for purposes of reduction under subsection (k)(3)(A), the entitlement to an old-age insurance benefit for such month, if any, as described in subclause (I)). In any case in which the widower (or surviving divorced husband) would not attain age 62 before the end of the his entitlement month, his imputed survivor benefit shall be deemed to be zero. (G) The increased benefit cap determined under this subparagraph for the entitlement month of the widower (or surviving divorced husband) is the amount which would be the amount of a theoretical individual’s old-age insurance benefit under subsection (a) (reduced as provided in subsection (q)) if— (i) such theoretical individual’s primary insurance amount for the first month of entitlement were equal to the average of the primary insurance amounts upon which old-age insurance benefits under subsection (a) are payable for— (I) in any case in which the entitlement month of the widower (or surviving divorced husband) is the month of December, such month, or (II) in any other case, the latest month of December preceding such entitlement month, (ii) such first month of such theoretical individual’s entitlement to such old-age insurance benefit were the entitlement month of the widower (or surviving divorced husband), and (iii) the month in which the theoretical individual attained or would attain retirement age (as defined in section 216(l)) were the month in which the widower (or surviving divorced husband) attained or would attain retirement age (as so defined). (H) If, in determining the amount of the benefit under this section pursuant to this paragraph, the imputed old-age insurance benefit or imputed wife’s insurance benefit of the deceased individual was deemed to be zero pursuant to the last sentence of clause (ii) or (iii) of subparagraph (D), or the imputed survivor benefit of the widower (or surviving divorced husband) was deemed to be zero pursuant to the last sentence of subparagraph (F), effective for any month after the entitlement month of the widower (or surviving divorced husband) in which the deceased individual would have attained age 62 or he attains age 62, the Commissioner shall recompute the amount of the benefit under this paragraph by substituting a reference to such later month for each reference in the preceding provisions of this paragraph to her entitlement month. (I) (i) Any reference in this paragraph to the widower’s insurance benefit (as determined under the preceding paragraphs of this subsection) shall be deemed a reference to such benefit, taking into account all applicable reductions and deductions under this title. (ii) Any reference in this paragraph to the imputed old-age insurance benefit or imputed wife’s insurance benefit described in subparagraph (D), the old-age insurance benefit, disability insurance benefit, or wife’s insurance benefit described in subparagraph (E), or the old-age insurance benefit, disability insurance benefit, or husband’s insurance benefit described in subparagraph (F) shall be deemed a reference to such benefit, taking into account applicable reductions under this section but disregarding reductions or deductions otherwise applicable under this title. (iii) A widower’s insurance benefit which has been increased under this paragraph shall be subject to all reductions and deductions otherwise applicable to widower’s insurance benefits under this title, except that such benefit shall not be subject to any reduction otherwise applicable under subsection (q)(1)..", "id": "HA582A06F553947A9A1036640F1A61FAB", "header": "Widower’s insurance benefits", "nested": [], "links": [ { "text": "42 U.S.C. 402(f)", "legal-doc": "usc", "parsable-cite": "usc/42/402" } ] }, { "text": "(c) Cost-of-living adjustments to guaranteed widow’s and widower’s insurance benefits \nSection 215(i)(2)(A)(ii) of such Act ( 42 U.S.C. 415(i)(2)(A)(ii) ) is amended— (1) in subclause (II), by striking and at the end; (2) in subclause (III), by striking 1978. and inserting 1979, and ; (3) by adding at the end the following new subclause: (IV) the benefit amount to which an individual is entitled for that month under subsection (e) or (f) of section 202 if such benefit amount has been increased under paragraph (10) of such subsection. ; and (4) in the matter following subclause (IV) (added by paragraph (3)), by striking (I), (II), and (III) and inserting (I), (II), (III), and (IV).", "id": "H018680A0DAC94308BFDBD8DF062E7EF7", "header": "Cost-of-living adjustments to guaranteed widow’s and widower’s insurance benefits", "nested": [], "links": [ { "text": "42 U.S.C. 415(i)(2)(A)(ii)", "legal-doc": "usc", "parsable-cite": "usc/42/415" } ] }, { "text": "(d) Effective date \nThe amendments made by this section shall apply with respect to widow’s and widower’s insurance benefits for months after November 2005.", "id": "HB7CFD9C997F345A8AE9DC4A9EDCEFFAD", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 402(e)", "legal-doc": "usc", "parsable-cite": "usc/42/402" }, { "text": "42 U.S.C. 402(f)", "legal-doc": "usc", "parsable-cite": "usc/42/402" }, { "text": "42 U.S.C. 415(i)(2)(A)(ii)", "legal-doc": "usc", "parsable-cite": "usc/42/415" } ] }, { "text": "16. Limitation on benefits of married couple to level of maximum worker benefits \n(a) Wife’s insurance benefits \nSection 202(b)(2) of the Social Security Act ( 42 U.S.C. 402(b)(2) ) is amended to read as follows: (2) Except as provided in subsection (q) and paragraph (4) of this subsection, such wife’s insurance benefit for each month shall be equal to the excess (not less than zero) of— (A) 150 percent of her husband’s primary insurance amount, over (B) the primary insurance amount for such month of a hypothetical individual who is entitled to old-age insurance insurance benefits for such month, who became entitled to such benefit upon attaining age 62 during the month in which her husband became entitled to old-age insurance benefits, and to whom wages and self-employment income were credited in each of such hypothetical individual’s elapsed years (within the meaning of section 215(b)(2)(B)(iii)) in an amount equal to the maximum amount includible under this title as wages and self-employment income for such year.. (b) Husband’s insurance benefits \nSection 202(c)(2) of such Act ( 42 U.S.C. 402(c)(2) ) is amended to read as follows: (2) Except as provided in subsection (q) and paragraph (4) of this subsection, such husband’s insurance benefit for each month shall be equal to the excess (not less than zero) of— (A) 150 percent of his wife’s primary insurance amount, over (B) the primary insurance amount for such month of a hypothetical individual who is entitled to old-age insurance insurance benefits for such month, who became entitled to such benefit upon attaining age 62 during the month in which his wife became entitled to old-age insurance benefits, and to whom wages and self-employment income were credited in each of such hypothetical individual’s elapsed years (within the meaning of section 215(b)(2)(B)(iii)) in an amount equal to the maximum amount includible under this title as wages and self-employment income for such year.. (c) Effective date \nThe amendments made by this section shall apply with respect to benefits for months after November 2004.", "id": "HCBB15AAF5FF24A339048657805A569B", "header": "Limitation on benefits of married couple to level of maximum worker benefits", "nested": [ { "text": "(a) Wife’s insurance benefits \nSection 202(b)(2) of the Social Security Act ( 42 U.S.C. 402(b)(2) ) is amended to read as follows: (2) Except as provided in subsection (q) and paragraph (4) of this subsection, such wife’s insurance benefit for each month shall be equal to the excess (not less than zero) of— (A) 150 percent of her husband’s primary insurance amount, over (B) the primary insurance amount for such month of a hypothetical individual who is entitled to old-age insurance insurance benefits for such month, who became entitled to such benefit upon attaining age 62 during the month in which her husband became entitled to old-age insurance benefits, and to whom wages and self-employment income were credited in each of such hypothetical individual’s elapsed years (within the meaning of section 215(b)(2)(B)(iii)) in an amount equal to the maximum amount includible under this title as wages and self-employment income for such year..", "id": "H82571747BDF64A32B4D4ED7241431F00", "header": "Wife’s insurance benefits", "nested": [], "links": [ { "text": "42 U.S.C. 402(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/402" } ] }, { "text": "(b) Husband’s insurance benefits \nSection 202(c)(2) of such Act ( 42 U.S.C. 402(c)(2) ) is amended to read as follows: (2) Except as provided in subsection (q) and paragraph (4) of this subsection, such husband’s insurance benefit for each month shall be equal to the excess (not less than zero) of— (A) 150 percent of his wife’s primary insurance amount, over (B) the primary insurance amount for such month of a hypothetical individual who is entitled to old-age insurance insurance benefits for such month, who became entitled to such benefit upon attaining age 62 during the month in which his wife became entitled to old-age insurance benefits, and to whom wages and self-employment income were credited in each of such hypothetical individual’s elapsed years (within the meaning of section 215(b)(2)(B)(iii)) in an amount equal to the maximum amount includible under this title as wages and self-employment income for such year..", "id": "H361B78CE45B34786BE11AAB700728EA3", "header": "Husband’s insurance benefits", "nested": [], "links": [ { "text": "42 U.S.C. 402(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/402" } ] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply with respect to benefits for months after November 2004.", "id": "HEF172B80BF46498789C44D1EBD1802A0", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 402(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/402" }, { "text": "42 U.S.C. 402(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/402" } ] } ]

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

[ { "text": "1. Short title \nThis Act may be cited as the Higher Education Sustainability Act of 2004.", "id": "HEF1A30522BC74013B252009B00DC75C8", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings and purposes \n(a) Findings \nThe Congress finds the following: (1) Progress on sustainable development requires the simultaneous achievement of a well functioning environmental system, economic viability that creates new jobs and livable communities that provide access to all for participation in their governance. (2) The Nation has improved some challenging environmental conditions through application of best technologies, but serious problems persist that require new science, technologies, and innovative policy approaches that are flexible, and use market mechanisms, and engage relevant stakeholders from the private and public sectors. (3) Achieving long-term economic prosperity requires opportunities for employment and the maintenance of a healthy environment for the workers. (4) The Nation’s institutions of higher education have a unique role to play in fostering new knowledge, evaluating policies, and discovering new technologies to address the persistent and often linked environmental, social and economic problems that exist. (5) The Nation’s higher education institutions are places where approaches that integrate the environmental, social and economic dimensions can be designed, tested, and refined for application to real world settings in collaboration with industry, government and the nonprofit sector. (6) The Nation's higher education institutions are uniquely positioned to prepare the future labor force for successful careers in the private and public sectors that contribute to economic, environmental, and social sustainability. (7) The Nation’s higher education institutions are uniquely situated to be models of sustainable management and operations that can provide examples to industry and government of operational strategies that integrate the basic principles of environmental, economic, and social sustainability. (b) Purposes \nThe purposes of this Act are— (1) to provide support to faculty, staff, and students at institutions of higher education to establish both administrative and educational sustainability programs on campus; (2) to promote and enhance research by faculty and students at institutions of higher education in sustainability practices and innovations that assist and improve sustainability; and (3) to provide support to institutions of higher education to work with community partners from the business, government, and nonprofit sectors to design and implement sustainability programs for application in the community and workplace.", "id": "H49BA84EF22F84DBD857B80A8B41B5778", "header": "Findings and purposes", "nested": [ { "text": "(a) Findings \nThe Congress finds the following: (1) Progress on sustainable development requires the simultaneous achievement of a well functioning environmental system, economic viability that creates new jobs and livable communities that provide access to all for participation in their governance. (2) The Nation has improved some challenging environmental conditions through application of best technologies, but serious problems persist that require new science, technologies, and innovative policy approaches that are flexible, and use market mechanisms, and engage relevant stakeholders from the private and public sectors. (3) Achieving long-term economic prosperity requires opportunities for employment and the maintenance of a healthy environment for the workers. (4) The Nation’s institutions of higher education have a unique role to play in fostering new knowledge, evaluating policies, and discovering new technologies to address the persistent and often linked environmental, social and economic problems that exist. (5) The Nation’s higher education institutions are places where approaches that integrate the environmental, social and economic dimensions can be designed, tested, and refined for application to real world settings in collaboration with industry, government and the nonprofit sector. (6) The Nation's higher education institutions are uniquely positioned to prepare the future labor force for successful careers in the private and public sectors that contribute to economic, environmental, and social sustainability. (7) The Nation’s higher education institutions are uniquely situated to be models of sustainable management and operations that can provide examples to industry and government of operational strategies that integrate the basic principles of environmental, economic, and social sustainability.", "id": "H7B063391D5AE4FBCAB5BD084C6B86D28", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Purposes \nThe purposes of this Act are— (1) to provide support to faculty, staff, and students at institutions of higher education to establish both administrative and educational sustainability programs on campus; (2) to promote and enhance research by faculty and students at institutions of higher education in sustainability practices and innovations that assist and improve sustainability; and (3) to provide support to institutions of higher education to work with community partners from the business, government, and nonprofit sectors to design and implement sustainability programs for application in the community and workplace.", "id": "HBA1A23981C0A484BBD7D3B0700FF436C", "header": "Purposes", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Establishment of program \nTitle VII of the Higher Education Act of 1965 is amended by adding at the end the following new part: E University Sustainability Centers \n771. Program authorized \n(a) In general \nThe Secretary shall make grants to eligible entities to establish sustainability centers to design and implement sustainability practices including in the areas of energy management, green building, waste management, purchasing, transportation, and toxics management other aspects of sustainability that integrate campus operations with multidisciplinary educational programs and are applicable to the private and government sectors. (b) Period of grant \nThe provision of payments under a grant under subsection (a) may extend over a period of not more than 4 fiscal years. (c) Definition of eligible entities \nFor purposes of this part, the term eligible entity means a comprehensive college or university that grants 4-year undergraduate degrees and masters and doctoral degrees. 772. Applications \n(a) In general \nTo receive a grant under section 771(a) , an eligible entity shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may reasonably require. (b) Assurances \nSuch application shall include assurances that the eligible entity— (1) has developed or shall develop a plan, including an evaluation component, for the program component established pursuant to section 773 ; (2) shall use Federal funds received from a grant under section 771(a) to supplement, not supplant, non-Federal funds that would otherwise be available for projects funded under such section; (3) shall provide, with respect to any fiscal year in which such entity receives funds from a grant under section 771(a) , non-Federal funds or an in kind contribution in an amount equal to 20 percent of funds from such grant, for the purpose of carrying out the program component established in section 773 ; and (4) shall collaborate with business, government, and the nonprofit sectors in the development and implementation of its sustainability plan. 773. Use of funds \nGrants made under section 771 may be used by an eligible entity only for establishing a sustainability program— (1) to develop and implement administrative and operations practices at institutions of higher education that test, model, and analyze principles of sustainability; (2) to establish multidisciplinary education, research, and outreach programs at institutions of higher education that address the environmental, social, and economic dimensions of sustainability; (3) to support research and teaching initiatives that focus on multidisciplinary and integrated environmental, economic, and social elements; (4) to establish initiatives in the areas of energy management, green building, waste management, purchasing, toxics management, transportation, and other aspects of sustainability; and (5) to support student, faculty, and staff work at institutions of higher education to implement, research, and evaluate sustainable practices. 774. Reports \nAn eligible entity that receives a grant under section section 771(a) shall submit to the Secretary, for each fiscal year in which the entity receives amounts from such grant, a report that describes the work conducted pursuant to section 773 , research findings and publications, administrative savings experienced, and an evaluation of the program. 775. Allocation requirement \nThe Secretary may not make grants under section 771(a) to any eligible entity in an amount totaling more than 10 percent appropriated under section 776. 776. Authorization of appropriations \n(a) In general \nThere is authorized to be appropriated to carry out section 771(a) $50,000,000 for fiscal year 2005 and such sums as may be necessary for each of the 5 succeeding fiscal years. (b) Availability \nAmounts appropriated under subsection (a) shall remain available until expended..", "id": "H1C554074190C426090E9E594DC52AA98", "header": "Establishment of program", "nested": [], "links": [] }, { "text": "771. Program authorized \n(a) In general \nThe Secretary shall make grants to eligible entities to establish sustainability centers to design and implement sustainability practices including in the areas of energy management, green building, waste management, purchasing, transportation, and toxics management other aspects of sustainability that integrate campus operations with multidisciplinary educational programs and are applicable to the private and government sectors. (b) Period of grant \nThe provision of payments under a grant under subsection (a) may extend over a period of not more than 4 fiscal years. (c) Definition of eligible entities \nFor purposes of this part, the term eligible entity means a comprehensive college or university that grants 4-year undergraduate degrees and masters and doctoral degrees.", "id": "HA1589C88092E4201ABBF009B316CA3EE", "header": "Program authorized", "nested": [ { "text": "(a) In general \nThe Secretary shall make grants to eligible entities to establish sustainability centers to design and implement sustainability practices including in the areas of energy management, green building, waste management, purchasing, transportation, and toxics management other aspects of sustainability that integrate campus operations with multidisciplinary educational programs and are applicable to the private and government sectors.", "id": "H84809908A0504AFC8048D64CF5FBCA0", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Period of grant \nThe provision of payments under a grant under subsection (a) may extend over a period of not more than 4 fiscal years.", "id": "H1857BD963AB1451884F35D00A1C3EBA", "header": "Period of grant", "nested": [], "links": [] }, { "text": "(c) Definition of eligible entities \nFor purposes of this part, the term eligible entity means a comprehensive college or university that grants 4-year undergraduate degrees and masters and doctoral degrees.", "id": "H8BD4A85B756548368FB77CFFE4D2B568", "header": "Definition of eligible entities", "nested": [], "links": [] } ], "links": [] }, { "text": "772. Applications \n(a) In general \nTo receive a grant under section 771(a) , an eligible entity shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may reasonably require. (b) Assurances \nSuch application shall include assurances that the eligible entity— (1) has developed or shall develop a plan, including an evaluation component, for the program component established pursuant to section 773 ; (2) shall use Federal funds received from a grant under section 771(a) to supplement, not supplant, non-Federal funds that would otherwise be available for projects funded under such section; (3) shall provide, with respect to any fiscal year in which such entity receives funds from a grant under section 771(a) , non-Federal funds or an in kind contribution in an amount equal to 20 percent of funds from such grant, for the purpose of carrying out the program component established in section 773 ; and (4) shall collaborate with business, government, and the nonprofit sectors in the development and implementation of its sustainability plan.", "id": "HA49D9D1447F4429E9BB4FE00B4779369", "header": "Applications", "nested": [ { "text": "(a) In general \nTo receive a grant under section 771(a) , an eligible entity shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may reasonably require.", "id": "HD49E52D90B884C9786972D1E553BD404", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Assurances \nSuch application shall include assurances that the eligible entity— (1) has developed or shall develop a plan, including an evaluation component, for the program component established pursuant to section 773 ; (2) shall use Federal funds received from a grant under section 771(a) to supplement, not supplant, non-Federal funds that would otherwise be available for projects funded under such section; (3) shall provide, with respect to any fiscal year in which such entity receives funds from a grant under section 771(a) , non-Federal funds or an in kind contribution in an amount equal to 20 percent of funds from such grant, for the purpose of carrying out the program component established in section 773 ; and (4) shall collaborate with business, government, and the nonprofit sectors in the development and implementation of its sustainability plan.", "id": "HBCFD26B5924D474093BAB333C33458F3", "header": "Assurances", "nested": [], "links": [] } ], "links": [] }, { "text": "773. Use of funds \nGrants made under section 771 may be used by an eligible entity only for establishing a sustainability program— (1) to develop and implement administrative and operations practices at institutions of higher education that test, model, and analyze principles of sustainability; (2) to establish multidisciplinary education, research, and outreach programs at institutions of higher education that address the environmental, social, and economic dimensions of sustainability; (3) to support research and teaching initiatives that focus on multidisciplinary and integrated environmental, economic, and social elements; (4) to establish initiatives in the areas of energy management, green building, waste management, purchasing, toxics management, transportation, and other aspects of sustainability; and (5) to support student, faculty, and staff work at institutions of higher education to implement, research, and evaluate sustainable practices.", "id": "H091846D0C8434DC68E3714CFACE25C92", "header": "Use of funds", "nested": [], "links": [] }, { "text": "774. Reports \nAn eligible entity that receives a grant under section section 771(a) shall submit to the Secretary, for each fiscal year in which the entity receives amounts from such grant, a report that describes the work conducted pursuant to section 773 , research findings and publications, administrative savings experienced, and an evaluation of the program.", "id": "HE84536F4F1A947DE9D007F2E0358CDF6", "header": "Reports", "nested": [], "links": [] }, { "text": "775. Allocation requirement \nThe Secretary may not make grants under section 771(a) to any eligible entity in an amount totaling more than 10 percent appropriated under section 776.", "id": "HFBEF7526E4664605A6A6E4B6A73E7950", "header": "Allocation requirement", "nested": [], "links": [] }, { "text": "776. Authorization of appropriations \n(a) In general \nThere is authorized to be appropriated to carry out section 771(a) $50,000,000 for fiscal year 2005 and such sums as may be necessary for each of the 5 succeeding fiscal years. (b) Availability \nAmounts appropriated under subsection (a) shall remain available until expended.", "id": "H9B30D4E847594E4682909C3D84AC7D8E", "header": "Authorization of appropriations", "nested": [ { "text": "(a) In general \nThere is authorized to be appropriated to carry out section 771(a) $50,000,000 for fiscal year 2005 and such sums as may be necessary for each of the 5 succeeding fiscal years.", "id": "HA1E9B0DDBC1D4EF7816B1B0388D94D00", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Availability \nAmounts appropriated under subsection (a) shall remain available until expended.", "id": "HFFFA475F7D564648A94627754DFB20E9", "header": "Availability", "nested": [], "links": [] } ], "links": [] } ]

[ "Education and the Workforce Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HDAD23D4AFEA441BE89D233CC9475C1F2", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Fha single family housing maximum mortgage limit \nSection 203(b)(2)(A) of the National Housing Act ( 12 U.S.C. 1709(b)(2)(A) ) is amended— (1) in clause (i)— (A) by striking 95 percent and inserting 100 percent ; and (B) by striking or at the end; (2) in clause (ii)— (A) by striking 87 percent of the dollar amount limitation determined under section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act for a residence of the applicable size; ; and (B) by striking for Fiscal Year and inserting a comma; (3) by transferring and inserting the text of clause (ii) (as so amended) into clause (i) after the semicolon at the end; (4) by striking clause (ii); (5) by striking (i) and inserting (A) not to exceed, ; (6) by striking (A) not to exceed the lesser of— ; and (7) by realigning subparagraph (A) (as so redesignated by paragraph (5) of this subsection), so as to be indented 4 ems from the left margin.", "id": "HACF2F71365934FB998E019008959B169", "header": "Fha single family housing maximum mortgage limit", "nested": [], "links": [ { "text": "12 U.S.C. 1709(b)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/12/1709" } ] } ]

[ "Financial Services Committee" ]

[ { "text": "1. Temporary suspension of duty \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: 9902.01.05 Bis-Ethylhexyloxyphenol Methoxyphenol Triazine (CAS No. 187393–00–6) (provided for in subheading 2933.69.60) Free Free No change l2/31/07 (b) Effective date \nThe amendment made by subsection (a) applies with respect 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": "H38DBB6B48895446C93D97DC51BA59465", "header": "Temporary suspension of duty", "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: 9902.01.05 Bis-Ethylhexyloxyphenol Methoxyphenol Triazine (CAS No. 187393–00–6) (provided for in subheading 2933.69.60) Free Free No change l2/31/07", "id": "HCC4B533F4E7C4961AC2D369624941400", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Effective date \nThe amendment made by subsection (a) applies with respect 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": "HADB9850F411C47019FE6DFC827D2D4A6", "header": "Effective date", "nested": [], "links": [] } ], "links": [] } ]

[ "Ways and Means Committee" ]

[ { "text": "1. Establishment of commission \nThere is established in the legislative branch the Independent Commission on the 2004 Coup d’État in the Republic of Haiti (in this Act referred to as the Commission ).", "id": "HAFFDEBA3FE2E4A3285E215B05F473CAD", "header": "Establishment of commission", "nested": [], "links": [] }, { "text": "2. Duties \n(a) Duties \nThe Commission shall examine and evaluate the role of the United States Government in the February 2004 coup d’état in the Republic of Haiti. In carrying out the preceding sentence, the Commission shall examine and evaluate the following: (1) The extent to which the United States Government impeded the democratic process in Haiti, including the extent to which actions and policies of the United States Government contributed to the overthrow of the democratically-elected Government of Haiti. (2) The circumstances under which Haitian President Jean-Bertrand Aristide resigned his office and went into exile in the Central African Republic, including the role of the United States Government in such resignation and exile. (3) In the events leading up to the coup d’état, the extent to which the United States Government fulfilled its obligations under article 17 of the Organization of American States (OAS) Inter-American Democratic Charter requiring that each OAS member country come to the aid of another OAS government under attack. (4) The extent to which the United States Government impeded efforts by the international community, particularly efforts by Caribbean Community (CARICOM) countries, to prevent the overthrow of the democratically-elected Government of Haiti. (5) The role of the United States Government in influencing decisions regarding Haiti at the United Nations Security Council and in discussions between Haiti and other countries that were willing to assist in the preservation of the democratically-elected Government of Haiti by sending security forces to Haiti. (6) The extent to which United States assistance was provided or United States personnel were used to support, directly or indirectly, the forces opposed to the government of President Aristide, including the extent to which United States bilateral assistance was channeled through nongovernmental organizations that were directly or indirectly associated with political groups actively involved in fomenting hostilities or violence toward the government of President Aristide. (7) The involvement of the Central Intelligence Agency, directly or indirectly, in operations that contributed to the overthrow of the democratically-elected Government of Haiti. (8) The impact of the International Republican Institute, the National Democratic Institute for International Affairs, and other organizations funded by the United States Agency for International Development on the political process in Haiti. (9) The political and economic impact on Haiti of the decision by the United States Government to discontinue all United States bilateral assistance to Haiti and United States efforts to block loans and support for Haiti from international financial institutions. (10) The broader implications for Haiti and the Caribbean region of the events culminating in the coup d'état. (b) Scope of Duties \nIn carrying out the duties described in subsection (a), the Commission may examine the actions and representations of the current Administration as well as prior Administrations.", "id": "HB1D9A46B0CCB467FAA9C6D23C507167E", "header": "Duties", "nested": [ { "text": "(a) Duties \nThe Commission shall examine and evaluate the role of the United States Government in the February 2004 coup d’état in the Republic of Haiti. In carrying out the preceding sentence, the Commission shall examine and evaluate the following: (1) The extent to which the United States Government impeded the democratic process in Haiti, including the extent to which actions and policies of the United States Government contributed to the overthrow of the democratically-elected Government of Haiti. (2) The circumstances under which Haitian President Jean-Bertrand Aristide resigned his office and went into exile in the Central African Republic, including the role of the United States Government in such resignation and exile. (3) In the events leading up to the coup d’état, the extent to which the United States Government fulfilled its obligations under article 17 of the Organization of American States (OAS) Inter-American Democratic Charter requiring that each OAS member country come to the aid of another OAS government under attack. (4) The extent to which the United States Government impeded efforts by the international community, particularly efforts by Caribbean Community (CARICOM) countries, to prevent the overthrow of the democratically-elected Government of Haiti. (5) The role of the United States Government in influencing decisions regarding Haiti at the United Nations Security Council and in discussions between Haiti and other countries that were willing to assist in the preservation of the democratically-elected Government of Haiti by sending security forces to Haiti. (6) The extent to which United States assistance was provided or United States personnel were used to support, directly or indirectly, the forces opposed to the government of President Aristide, including the extent to which United States bilateral assistance was channeled through nongovernmental organizations that were directly or indirectly associated with political groups actively involved in fomenting hostilities or violence toward the government of President Aristide. (7) The involvement of the Central Intelligence Agency, directly or indirectly, in operations that contributed to the overthrow of the democratically-elected Government of Haiti. (8) The impact of the International Republican Institute, the National Democratic Institute for International Affairs, and other organizations funded by the United States Agency for International Development on the political process in Haiti. (9) The political and economic impact on Haiti of the decision by the United States Government to discontinue all United States bilateral assistance to Haiti and United States efforts to block loans and support for Haiti from international financial institutions. (10) The broader implications for Haiti and the Caribbean region of the events culminating in the coup d'état.", "id": "H80D4B50186264F28A9B940DEA924C6D2", "header": "Duties", "nested": [], "links": [] }, { "text": "(b) Scope of Duties \nIn carrying out the duties described in subsection (a), the Commission may examine the actions and representations of the current Administration as well as prior Administrations.", "id": "H90A71FB6994D43D190BA3DEB033ECE96", "header": "Scope of Duties", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Composition of commission \n(a) Members \nThe Commission shall be composed of 10 members, of whom— (1) 3 members shall be appointed by the majority leader of the Senate; (2) 2 members shall be appointed by the Speaker of the House of Representatives; (3) 2 members shall be appointed by the minority leader of the Senate; and (4) 3 members shall be appointed by the minority leader of the House of Representatives. (b) Qualification Requirement; Deadline for Appointment; Meetings \n(1) Nongovernmental appointees \nAn individual appointed to the Commission may not be an officer or employee of the Federal Government or any State or local government. (2) Deadline for appointment \nAll members of the Commission shall be appointed not later than 45 days after the date of the enactment of this Act. (3) Meetings \nThe Commission shall meet at the call of the Chairperson or a majority of its members. (c) Chairperson; Vice Chairperson \nThe Chairperson and Vice Chairperson of the Commission shall be elected by the members of the Commission. (d) Quorum; vacancies \n6 members of the Commission shall constitute a quorum. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made.", "id": "H71BA506B22354DF5BD00DFC09D5C132C", "header": "Composition of commission", "nested": [ { "text": "(a) Members \nThe Commission shall be composed of 10 members, of whom— (1) 3 members shall be appointed by the majority leader of the Senate; (2) 2 members shall be appointed by the Speaker of the House of Representatives; (3) 2 members shall be appointed by the minority leader of the Senate; and (4) 3 members shall be appointed by the minority leader of the House of Representatives.", "id": "H5B873E21F97746D59C0026537DD871BB", "header": "Members", "nested": [], "links": [] }, { "text": "(b) Qualification Requirement; Deadline for Appointment; Meetings \n(1) Nongovernmental appointees \nAn individual appointed to the Commission may not be an officer or employee of the Federal Government or any State or local government. (2) Deadline for appointment \nAll members of the Commission shall be appointed not later than 45 days after the date of the enactment of this Act. (3) Meetings \nThe Commission shall meet at the call of the Chairperson or a majority of its members.", "id": "HF5E7B25FFE134BC8B59E60C262A7DE82", "header": "Qualification Requirement; Deadline for Appointment; Meetings", "nested": [], "links": [] }, { "text": "(c) Chairperson; Vice Chairperson \nThe Chairperson and Vice Chairperson of the Commission shall be elected by the members of the Commission.", "id": "H3211D1902E37415CAC2DA09973787963", "header": "Chairperson; Vice Chairperson", "nested": [], "links": [] }, { "text": "(d) Quorum; vacancies \n6 members of the Commission shall constitute a quorum. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made.", "id": "H9D098EB64047468BA340F3378700EDBA", "header": "Quorum; vacancies", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Powers of commission \n(a) Hearings and Sessions \n(1) In general \nThe Commission shall, for the purpose of carrying out this Act, hold public hearings and meetings to the extent appropriate, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (2) Additional requirements \n(A) Public hearings \nAny public hearings of the Commission shall be conducted in a manner consistent with the protection of information provided to or developed for or by the Commission as required by any applicable statute, regulation, or Executive order. (B) Public versions of reports \nThe Commission shall release public versions of the reports required under section 8. (b) Subpoena Power \n(1) In general \nThe Commission may issue a subpoena to require the attendance and testimony of witnesses and the production of evidence relating to any matter under investigation by the Commission. (2) Failure to obey an order or subpoena \nIf a person refuses to obey a subpoena issued under paragraph (1), the Commission may apply to a United States district court for an order requiring that person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. (3) Service of subpoenas \nThe subpoenas of the Commission shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. (c) Contract Authority \nThe Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties of this Act. (d) Information from federal agencies \nThe Commission may secure directly from any Federal department or agency information necessary to enable it to carry out this Act. Upon request of the Chairperson of the Commission, the head of that department or agency shall provide that information to the Commission. (e) Assistance from federal agencies \n(1) General services administration \nThe Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the Commission’s duties. (2) Other departments and agencies \nIn addition to the assistance described in paragraph (1), departments and agencies of the United States may provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law. (f) Gifts \nThe Commission may accept, use, and dispose of gifts or donations of services or property. (g) Postal services \nThe Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States.", "id": "H1181E784D8A2496AA4F8E2F77F0F67E", "header": "Powers of commission", "nested": [ { "text": "(a) Hearings and Sessions \n(1) In general \nThe Commission shall, for the purpose of carrying out this Act, hold public hearings and meetings to the extent appropriate, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (2) Additional requirements \n(A) Public hearings \nAny public hearings of the Commission shall be conducted in a manner consistent with the protection of information provided to or developed for or by the Commission as required by any applicable statute, regulation, or Executive order. (B) Public versions of reports \nThe Commission shall release public versions of the reports required under section 8.", "id": "H422F6AA5C8A5489D9478A1DDFE86E300", "header": "Hearings and Sessions", "nested": [], "links": [] }, { "text": "(b) Subpoena Power \n(1) In general \nThe Commission may issue a subpoena to require the attendance and testimony of witnesses and the production of evidence relating to any matter under investigation by the Commission. (2) Failure to obey an order or subpoena \nIf a person refuses to obey a subpoena issued under paragraph (1), the Commission may apply to a United States district court for an order requiring that person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. (3) Service of subpoenas \nThe subpoenas of the Commission shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts.", "id": "HDF260F625BB94E1594C6F7B822D3B2CF", "header": "Subpoena Power", "nested": [], "links": [] }, { "text": "(c) Contract Authority \nThe Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties of this Act.", "id": "H667E919098914B479BA0E52353B30884", "header": "Contract Authority", "nested": [], "links": [] }, { "text": "(d) Information from federal agencies \nThe Commission may secure directly from any Federal department or agency information necessary to enable it to carry out this Act. Upon request of the Chairperson of the Commission, the head of that department or agency shall provide that information to the Commission.", "id": "H7A5D6F58B36F486EA5C4C1C50839985E", "header": "Information from federal agencies", "nested": [], "links": [] }, { "text": "(e) Assistance from federal agencies \n(1) General services administration \nThe Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the Commission’s duties. (2) Other departments and agencies \nIn addition to the assistance described in paragraph (1), departments and agencies of the United States may provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law.", "id": "H586317AC23D447249511E76857FA8301", "header": "Assistance from federal agencies", "nested": [], "links": [] }, { "text": "(f) Gifts \nThe Commission may accept, use, and dispose of gifts or donations of services or property.", "id": "H924066B498B84CBCAC21D1C74BF4B519", "header": "Gifts", "nested": [], "links": [] }, { "text": "(g) Postal services \nThe Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States.", "id": "H75E61E19A1FF42E49714E4341561E100", "header": "Postal services", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Staff of commission \n(a) Appointment and compensation \nThe Chairperson of the Commission, in consultation with the Vice Chairperson of the Commission, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its duties, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such Act relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. (b) Detailees \nAny Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. (c) Consultant services \nThe Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code.", "id": "H4AE70B0186D24FD0B834A4F8C8301C6F", "header": "Staff of commission", "nested": [ { "text": "(a) Appointment and compensation \nThe Chairperson of the Commission, in consultation with the Vice Chairperson of the Commission, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its duties, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such Act relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code.", "id": "HD0EBACDE53064CF7B997D175F7796D30", "header": "Appointment and compensation", "nested": [], "links": [ { "text": "section 5316", "legal-doc": "usc", "parsable-cite": "usc/5/5316" } ] }, { "text": "(b) Detailees \nAny Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption.", "id": "H46526BCB4B1748E7004E80CC361B8B34", "header": "Detailees", "nested": [], "links": [] }, { "text": "(c) Consultant services \nThe Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code.", "id": "H5D751A02FEDA4828A700F980D3C576AB", "header": "Consultant services", "nested": [], "links": [ { "text": "section 3109", "legal-doc": "usc", "parsable-cite": "usc/5/3109" }, { "text": "section 5315", "legal-doc": "usc", "parsable-cite": "usc/5/5315" } ] } ], "links": [ { "text": "section 5316", "legal-doc": "usc", "parsable-cite": "usc/5/5316" }, { "text": "section 3109", "legal-doc": "usc", "parsable-cite": "usc/5/3109" }, { "text": "section 5315", "legal-doc": "usc", "parsable-cite": "usc/5/5315" } ] }, { "text": "6. Compensation and travel expenses \n(a) Compensation \nEach member of the Commission may be compensated at a rate not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. (b) Travel expenses \nWhile away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code.", "id": "HB375C7AE5DE549ED9258D243DD040008", "header": "Compensation and travel expenses", "nested": [ { "text": "(a) Compensation \nEach member of the Commission may be compensated at a rate not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission.", "id": "HB41246B40D184DA09FD07559FAA0721", "header": "Compensation", "nested": [], "links": [ { "text": "section 5315", "legal-doc": "usc", "parsable-cite": "usc/5/5315" } ] }, { "text": "(b) Travel expenses \nWhile away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code.", "id": "HB12B12D31C204F6E0088F1AD821BEB6", "header": "Travel expenses", "nested": [], "links": [ { "text": "section 5703(b)", "legal-doc": "usc", "parsable-cite": "usc/5/5703" } ] } ], "links": [ { "text": "section 5315", "legal-doc": "usc", "parsable-cite": "usc/5/5315" }, { "text": "section 5703(b)", "legal-doc": "usc", "parsable-cite": "usc/5/5703" } ] }, { "text": "7. Security clearances for commission members and staff \n(a) In general \nSubject to subsection (b), the appropriate Federal agencies or departments shall cooperate with the Commission in expeditiously providing to the Commission members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements. (b) Exception \nNo person shall be provided with access to classified information under this Act without the appropriate required security clearance access.", "id": "H2DCAC46215B947E69440F5B79AFAE5C", "header": "Security clearances for commission members and staff", "nested": [ { "text": "(a) In general \nSubject to subsection (b), the appropriate Federal agencies or departments shall cooperate with the Commission in expeditiously providing to the Commission members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements.", "id": "H0D894745154949E9AF4BDABC42D49AA", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Exception \nNo person shall be provided with access to classified information under this Act without the appropriate required security clearance access.", "id": "HD4F02AD5307B4DD4ABBE2D74A800EE16", "header": "Exception", "nested": [], "links": [] } ], "links": [] }, { "text": "8. Reports of commission; termination \n(a) Interim reports \nThe Commission may submit to Congress and the President interim reports containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. (b) Final report \nNot later than 18 months after the date of the enactment of this Act, the Commission shall submit to Congress and the President a final report containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. (c) Form of report \nEach report prepared under this section shall be submitted in unclassified form, but may contain a classified annex.", "id": "HE9253129780E4F669500822C27DB9D46", "header": "Reports of commission; termination", "nested": [ { "text": "(a) Interim reports \nThe Commission may submit to Congress and the President interim reports containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members.", "id": "H9D8082C27C654E4D97005566B7951BA6", "header": "Interim reports", "nested": [], "links": [] }, { "text": "(b) Final report \nNot later than 18 months after the date of the enactment of this Act, the Commission shall submit to Congress and the President a final report containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members.", "id": "H23B7DE966C374688B2B6E78EE2538013", "header": "Final report", "nested": [], "links": [] }, { "text": "(c) Form of report \nEach report prepared under this section shall be submitted in unclassified form, but may contain a classified annex.", "id": "HF869209F5B7E4768B726EFE23C5FBCA", "header": "Form of report", "nested": [], "links": [] } ], "links": [] }, { "text": "9. Termination \n(a) In general \nThe Commission, and all the authorities of this Act, shall terminate 60 days after the date on which the final report is submitted under section 8(b). (b) Administrative activities before termination \nThe Commission may use the 60-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the final report.", "id": "H4F4F1858E268484DB1CCE58B936612A7", "header": "Termination", "nested": [ { "text": "(a) In general \nThe Commission, and all the authorities of this Act, shall terminate 60 days after the date on which the final report is submitted under section 8(b).", "id": "H2467893B6B5946AF984440F003BD89CC", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Administrative activities before termination \nThe Commission may use the 60-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the final report.", "id": "HD66435AD824E4975A94961B7EB00EEDE", "header": "Administrative activities before termination", "nested": [], "links": [] } ], "links": [] }, { "text": "10. Authorization of Appropriations \n(a) In General \nThere is authorized to be appropriated to carry out this Act $5,000,000 for fiscal year 2005. (b) Availability \nAmounts appropriated pursuant to the authorization of appropriations under subsection (a) are authorized to remain available until the date on which the Commission terminates pursuant to section 9(a).", "id": "H9500BF8742F8436F99A6683114A81BFD", "header": "Authorization of Appropriations", "nested": [ { "text": "(a) In General \nThere is authorized to be appropriated to carry out this Act $5,000,000 for fiscal year 2005.", "id": "H78435C494B264F0AB5D09C670693D800", "header": "In General", "nested": [], "links": [] }, { "text": "(b) Availability \nAmounts appropriated pursuant to the authorization of appropriations under subsection (a) are authorized to remain available until the date on which the Commission terminates pursuant to section 9(a).", "id": "H90B6C6864F484EC09F8FF3D28DAFE6F3", "header": "Availability", "nested": [], "links": [] } ], "links": [] } ]

[ "Foreign Affairs Committee" ]

[ { "text": "1. Martha Pennino Post Office Building \n(a) Designation \nThe facility of the United States Postal Service located at 11110 Sunset Hills Road in Reston, Virginia, shall be known and designated as the Martha Pennino Post Office Building. (b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Martha Pennino Post Office Building.", "id": "H2DE8ECED94804983B69F191742C67548", "header": "Martha Pennino Post Office Building", "nested": [ { "text": "(a) Designation \nThe facility of the United States Postal Service located at 11110 Sunset Hills Road in Reston, Virginia, shall be known and designated as the Martha Pennino Post Office Building.", "id": "H5D80AACDBC084168B88C3CA700EB838D", "header": "Designation", "nested": [], "links": [] }, { "text": "(b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Martha Pennino Post Office Building.", "id": "H5CA8C699563B45F2A0D478AE00FD1B08", "header": "References", "nested": [], "links": [] } ], "links": [] } ]

[ "Oversight and Accountability 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": "H1547B1718E664922BBD4AF78CDCA18AB", "header": "Short title; references", "nested": [ { "text": "(a) Short title \nThis Act may be cited as the.", "id": "H639EDEEDE2034C9999D7F37870576E93", "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": "H7D11B7DE544C442FBEA2A6A058074207", "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. Continuum of services \n(a) Awards \nSection 404A(b)(2)(B) ( 20 U.S.C. 1070a–21(b)(2)(B) ) is amended by inserting after through the completion of secondary school the following: or through the first year of attendance at a postsecondary education institution. (b) Cohort approach \nSection 404B(g)(1)(B) ( 20 U.S.C. 1070a–22(g)(1)(B) ) is amended by inserting after through the 12th grade the following or through the first year of attendance at a postsecondary education institution to students in the participating grade level. (c) Early intervention \n(1) Uses of funds \nSection 404D(b)(2) ( 20 U.S.C. 1070a–24(b)(2) ) is amended by inserting after through grade 12 the following: or through the first year of attendance at a postsecondary education institution. (2) Priority students \nSection 404D(c) is amended by inserting after through grade 12 the following or through the first year of attendance at a postsecondary education institution.", "id": "H64FF7BC578C94E4800E09433F3726275", "header": "Continuum of services", "nested": [ { "text": "(a) Awards \nSection 404A(b)(2)(B) ( 20 U.S.C. 1070a–21(b)(2)(B) ) is amended by inserting after through the completion of secondary school the following: or through the first year of attendance at a postsecondary education institution.", "id": "HE68BB8982D7A40BA929F5E52D9A59EC5", "header": "Awards", "nested": [], "links": [ { "text": "20 U.S.C. 1070a–21(b)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-21" } ] }, { "text": "(b) Cohort approach \nSection 404B(g)(1)(B) ( 20 U.S.C. 1070a–22(g)(1)(B) ) is amended by inserting after through the 12th grade the following or through the first year of attendance at a postsecondary education institution to students in the participating grade level.", "id": "H0EDF4E9DF3E444D9A03E1C24DBCEE3B2", "header": "Cohort approach", "nested": [], "links": [ { "text": "20 U.S.C. 1070a–22(g)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-22" } ] }, { "text": "(c) Early intervention \n(1) Uses of funds \nSection 404D(b)(2) ( 20 U.S.C. 1070a–24(b)(2) ) is amended by inserting after through grade 12 the following: or through the first year of attendance at a postsecondary education institution. (2) Priority students \nSection 404D(c) is amended by inserting after through grade 12 the following or through the first year of attendance at a postsecondary education institution.", "id": "HFDF06C4A541C4CBBA754512BE266AD0", "header": "Early intervention", "nested": [], "links": [ { "text": "20 U.S.C. 1070a–24(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-24" } ] } ], "links": [ { "text": "20 U.S.C. 1070a–21(b)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-21" }, { "text": "20 U.S.C. 1070a–22(g)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-22" }, { "text": "20 U.S.C. 1070a–24(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-24" } ] }, { "text": "3. Continuing Eligibility \nSection 404A ( 20 U.S.C. 1070a–21 ) is amended by adding at the end the following new subsection: (d) Continuing eligibility \nAn eligible entity shall not cease to be an eligible entity upon the expiration of any grant under this chapter (including a continuation award). The Secretary shall require any such entity seeking a new grant to demonstrate the effectiveness of the prior programs under this chapter in its plan submitted under section 404C..", "id": "H0C2656A4139E456DB208FFD65F4EF000", "header": "Continuing Eligibility", "nested": [], "links": [ { "text": "20 U.S.C. 1070a–21", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-21" } ] }, { "text": "4. Financial education and counseling \nSection 404D ( 20 U.S.C. 1070a–24 ) is amended— (1) in subsection (a)(1)(B)(i), by inserting before the semicolon at the end the following: , and counseling and education regarding financial cost requirements for college ; and (2) in subsection (b)(2)(A)(ii), by striking career mentoring inserting career planning and mentoring, academic counseling, and financial literacy, education, or counseling pertaining to the process of going to college.", "id": "HCEDAB09483F44235AA06080113AA1D66", "header": "Financial education and counseling", "nested": [], "links": [ { "text": "20 U.S.C. 1070a–24", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-24" } ] }, { "text": "5. Scholarship component \nSection 404E(b)(2) ( 20 U.S.C. 1070a–25(b)(2) ) is amended by inserting after section 401 for such fiscal year the following , or $5,800, whichever is less.", "id": "H97E83CE40E3C4B1CB2CC290CC189E7", "header": "Scholarship component", "nested": [], "links": [ { "text": "20 U.S.C. 1070a–25(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-25" } ] }, { "text": "6. Dual/concurrent enrollment \n(a) Amendment \nChapter 2 of part A of title IV is amended— (1) by redesignating section 404G and 404H ( 20 U.S.C. 1070a–27 ) as sections 404H and 404I, respectively; and (2) by inserting after section 404F the following: 404G. Dual/concurrent enrollment \n(a) Program authority \nThe Secretary is authorized to carry out a program to be known as GEAR UP & GO , to provide growing opportunities for dual/concurrent enrollment, which shall be designed to provide low-income high school students participating in GEAR UP partnerships or State programs the opportunity to enroll in college courses while still enrolled in high school. In such program, students shall not be required to apply for admission to the institution of higher education in order to participate, but may receive college credit. (b) Student eligibility \nExcept as provided in subsection (e)(2), a student shall be eligible for the purpose of this section, if the student— (1) is enrolled in GEAR UP partnerships or State programs; (2) is enrolled in 10th, 11th, or 12th grade; and (3) has demonstrated academic readiness for college courses as determined by the applying entity. (c) Permissible services \nAn entity receiving funding under this section may provide services such as— (1) the offering of core non-remedial college courses as determined by the post secondary institution in which participating students— (A) receive instruction from a postsecondary institution faculty member at the secondary site; (B) take courses from a postsecondary institution faculty member on-site at the postsecondary institution; (C) receive college level instruction from high school faculty who hold the same credentials as postsecondary faculty or who meet qualifications and standards approved by the postsecondary institution; or (D) enroll in an early/middle college high school in which students may earn college credit through a coherent course of study leading to a postsecondary degree and high school diploma in an accelerated timeframe; (2) underwriting the per-credit costs of college courses; (3) assistance with the selection of core non-remedial college courses by students; (4) tutorial services pertaining to the core non-remedial college courses in which students are enrolled; and (5) purchasing books, supplies, and transportation. (d) Requirements for approval of applications \nIn approving applications for GEAR UP & GO under this section for any fiscal year, the Secretary shall— (1) award funds under this program on an annual basis and determine the average award; (2) take into consideration whether participating students in a dual/concurrent enrollment program will receive college credit; (3) require an assurance that an entity applying for funding under this section meet the requirements of section 404A(c); and (4) not approve a plan unless such a plan— (A) details the criteria used for determining student academic readiness or qualifications for participation in the dual/concurrent enrollment program; and (B) specifies the methods by which funds will be spent for carrying out the program. (e) Early/Middle college high school \n(1) Reservation for grants \nThe Secretary of Education shall reserve, at a maximum, 25 percent of the funds appropriated under subsection (f) for any fiscal year for a program of grants to early/middle college high school. (2) Eligible programs \nFor purposes of this subsection, an early/middle college high school is a school that is designed to provide 9th through 12th grade low-income and first-generation college students with a coherent course of study enabling them to earn simultaneously a high school diploma and college credit toward a postsecondary degree. (3) Requirements \nExcept as provided in paragraph (4), the programs provided funds under this subsection shall comply with the requirements of subsections (b), (c), and (d) of this section. (4) Exception \nNotwithstanding subsections (b)(1) and (d)(3)— (A) a student served in a program funded by a grant under this subsection is not required to be enrolled in a GEAR UP partnership or State program; and (B) an entity applying for funding under this subsection is not required to meet the requirements of section 404A(c). (f) Authorization of appropriations \nIn addition to the sums authorized by section 404I, there are authorized to be appropriated to carry out this section $50,000,000 for fiscal year 2005 and such sums necessary for each of the 5 succeeding years.. (b) Conforming amendments \nChapter 2 of part A of title IV is further amended by striking section 404H each place it appears and inserting section 404I.", "id": "H1490C3D4FD10467B9988D9AFDF860021", "header": "Dual/concurrent enrollment", "nested": [ { "text": "(a) Amendment \nChapter 2 of part A of title IV is amended— (1) by redesignating section 404G and 404H ( 20 U.S.C. 1070a–27 ) as sections 404H and 404I, respectively; and (2) by inserting after section 404F the following: 404G. Dual/concurrent enrollment \n(a) Program authority \nThe Secretary is authorized to carry out a program to be known as GEAR UP & GO , to provide growing opportunities for dual/concurrent enrollment, which shall be designed to provide low-income high school students participating in GEAR UP partnerships or State programs the opportunity to enroll in college courses while still enrolled in high school. In such program, students shall not be required to apply for admission to the institution of higher education in order to participate, but may receive college credit. (b) Student eligibility \nExcept as provided in subsection (e)(2), a student shall be eligible for the purpose of this section, if the student— (1) is enrolled in GEAR UP partnerships or State programs; (2) is enrolled in 10th, 11th, or 12th grade; and (3) has demonstrated academic readiness for college courses as determined by the applying entity. (c) Permissible services \nAn entity receiving funding under this section may provide services such as— (1) the offering of core non-remedial college courses as determined by the post secondary institution in which participating students— (A) receive instruction from a postsecondary institution faculty member at the secondary site; (B) take courses from a postsecondary institution faculty member on-site at the postsecondary institution; (C) receive college level instruction from high school faculty who hold the same credentials as postsecondary faculty or who meet qualifications and standards approved by the postsecondary institution; or (D) enroll in an early/middle college high school in which students may earn college credit through a coherent course of study leading to a postsecondary degree and high school diploma in an accelerated timeframe; (2) underwriting the per-credit costs of college courses; (3) assistance with the selection of core non-remedial college courses by students; (4) tutorial services pertaining to the core non-remedial college courses in which students are enrolled; and (5) purchasing books, supplies, and transportation. (d) Requirements for approval of applications \nIn approving applications for GEAR UP & GO under this section for any fiscal year, the Secretary shall— (1) award funds under this program on an annual basis and determine the average award; (2) take into consideration whether participating students in a dual/concurrent enrollment program will receive college credit; (3) require an assurance that an entity applying for funding under this section meet the requirements of section 404A(c); and (4) not approve a plan unless such a plan— (A) details the criteria used for determining student academic readiness or qualifications for participation in the dual/concurrent enrollment program; and (B) specifies the methods by which funds will be spent for carrying out the program. (e) Early/Middle college high school \n(1) Reservation for grants \nThe Secretary of Education shall reserve, at a maximum, 25 percent of the funds appropriated under subsection (f) for any fiscal year for a program of grants to early/middle college high school. (2) Eligible programs \nFor purposes of this subsection, an early/middle college high school is a school that is designed to provide 9th through 12th grade low-income and first-generation college students with a coherent course of study enabling them to earn simultaneously a high school diploma and college credit toward a postsecondary degree. (3) Requirements \nExcept as provided in paragraph (4), the programs provided funds under this subsection shall comply with the requirements of subsections (b), (c), and (d) of this section. (4) Exception \nNotwithstanding subsections (b)(1) and (d)(3)— (A) a student served in a program funded by a grant under this subsection is not required to be enrolled in a GEAR UP partnership or State program; and (B) an entity applying for funding under this subsection is not required to meet the requirements of section 404A(c). (f) Authorization of appropriations \nIn addition to the sums authorized by section 404I, there are authorized to be appropriated to carry out this section $50,000,000 for fiscal year 2005 and such sums necessary for each of the 5 succeeding years..", "id": "H77BC9D72E0A54FECAFCFEF7F279FC84C", "header": "Amendment", "nested": [], "links": [ { "text": "20 U.S.C. 1070a–27", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-27" } ] }, { "text": "(b) Conforming amendments \nChapter 2 of part A of title IV is further amended by striking section 404H each place it appears and inserting section 404I.", "id": "H83E6F3B6EBB8497C93A077C29251155E", "header": "Conforming amendments", "nested": [], "links": [] } ], "links": [ { "text": "20 U.S.C. 1070a–27", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-27" } ] }, { "text": "404G. Dual/concurrent enrollment \n(a) Program authority \nThe Secretary is authorized to carry out a program to be known as GEAR UP & GO , to provide growing opportunities for dual/concurrent enrollment, which shall be designed to provide low-income high school students participating in GEAR UP partnerships or State programs the opportunity to enroll in college courses while still enrolled in high school. In such program, students shall not be required to apply for admission to the institution of higher education in order to participate, but may receive college credit. (b) Student eligibility \nExcept as provided in subsection (e)(2), a student shall be eligible for the purpose of this section, if the student— (1) is enrolled in GEAR UP partnerships or State programs; (2) is enrolled in 10th, 11th, or 12th grade; and (3) has demonstrated academic readiness for college courses as determined by the applying entity. (c) Permissible services \nAn entity receiving funding under this section may provide services such as— (1) the offering of core non-remedial college courses as determined by the post secondary institution in which participating students— (A) receive instruction from a postsecondary institution faculty member at the secondary site; (B) take courses from a postsecondary institution faculty member on-site at the postsecondary institution; (C) receive college level instruction from high school faculty who hold the same credentials as postsecondary faculty or who meet qualifications and standards approved by the postsecondary institution; or (D) enroll in an early/middle college high school in which students may earn college credit through a coherent course of study leading to a postsecondary degree and high school diploma in an accelerated timeframe; (2) underwriting the per-credit costs of college courses; (3) assistance with the selection of core non-remedial college courses by students; (4) tutorial services pertaining to the core non-remedial college courses in which students are enrolled; and (5) purchasing books, supplies, and transportation. (d) Requirements for approval of applications \nIn approving applications for GEAR UP & GO under this section for any fiscal year, the Secretary shall— (1) award funds under this program on an annual basis and determine the average award; (2) take into consideration whether participating students in a dual/concurrent enrollment program will receive college credit; (3) require an assurance that an entity applying for funding under this section meet the requirements of section 404A(c); and (4) not approve a plan unless such a plan— (A) details the criteria used for determining student academic readiness or qualifications for participation in the dual/concurrent enrollment program; and (B) specifies the methods by which funds will be spent for carrying out the program. (e) Early/Middle college high school \n(1) Reservation for grants \nThe Secretary of Education shall reserve, at a maximum, 25 percent of the funds appropriated under subsection (f) for any fiscal year for a program of grants to early/middle college high school. (2) Eligible programs \nFor purposes of this subsection, an early/middle college high school is a school that is designed to provide 9th through 12th grade low-income and first-generation college students with a coherent course of study enabling them to earn simultaneously a high school diploma and college credit toward a postsecondary degree. (3) Requirements \nExcept as provided in paragraph (4), the programs provided funds under this subsection shall comply with the requirements of subsections (b), (c), and (d) of this section. (4) Exception \nNotwithstanding subsections (b)(1) and (d)(3)— (A) a student served in a program funded by a grant under this subsection is not required to be enrolled in a GEAR UP partnership or State program; and (B) an entity applying for funding under this subsection is not required to meet the requirements of section 404A(c). (f) Authorization of appropriations \nIn addition to the sums authorized by section 404I, there are authorized to be appropriated to carry out this section $50,000,000 for fiscal year 2005 and such sums necessary for each of the 5 succeeding years.", "id": "H9639DB69057F4FED94E95360F9E2B699", "header": "Dual/concurrent enrollment", "nested": [ { "text": "(a) Program authority \nThe Secretary is authorized to carry out a program to be known as GEAR UP & GO , to provide growing opportunities for dual/concurrent enrollment, which shall be designed to provide low-income high school students participating in GEAR UP partnerships or State programs the opportunity to enroll in college courses while still enrolled in high school. In such program, students shall not be required to apply for admission to the institution of higher education in order to participate, but may receive college credit.", "id": "H3F784781757B483C9F50F49E673CF039", "header": "Program authority", "nested": [], "links": [] }, { "text": "(b) Student eligibility \nExcept as provided in subsection (e)(2), a student shall be eligible for the purpose of this section, if the student— (1) is enrolled in GEAR UP partnerships or State programs; (2) is enrolled in 10th, 11th, or 12th grade; and (3) has demonstrated academic readiness for college courses as determined by the applying entity.", "id": "H5599CC81E0FD4C138DED2527C81C69D4", "header": "Student eligibility", "nested": [], "links": [] }, { "text": "(c) Permissible services \nAn entity receiving funding under this section may provide services such as— (1) the offering of core non-remedial college courses as determined by the post secondary institution in which participating students— (A) receive instruction from a postsecondary institution faculty member at the secondary site; (B) take courses from a postsecondary institution faculty member on-site at the postsecondary institution; (C) receive college level instruction from high school faculty who hold the same credentials as postsecondary faculty or who meet qualifications and standards approved by the postsecondary institution; or (D) enroll in an early/middle college high school in which students may earn college credit through a coherent course of study leading to a postsecondary degree and high school diploma in an accelerated timeframe; (2) underwriting the per-credit costs of college courses; (3) assistance with the selection of core non-remedial college courses by students; (4) tutorial services pertaining to the core non-remedial college courses in which students are enrolled; and (5) purchasing books, supplies, and transportation.", "id": "H715AF98B9EBA45E18DA21E32BBF1FDDA", "header": "Permissible services", "nested": [], "links": [] }, { "text": "(d) Requirements for approval of applications \nIn approving applications for GEAR UP & GO under this section for any fiscal year, the Secretary shall— (1) award funds under this program on an annual basis and determine the average award; (2) take into consideration whether participating students in a dual/concurrent enrollment program will receive college credit; (3) require an assurance that an entity applying for funding under this section meet the requirements of section 404A(c); and (4) not approve a plan unless such a plan— (A) details the criteria used for determining student academic readiness or qualifications for participation in the dual/concurrent enrollment program; and (B) specifies the methods by which funds will be spent for carrying out the program.", "id": "H22227B70816E4BFDAFAA82DEDED271DD", "header": "Requirements for approval of applications", "nested": [], "links": [] }, { "text": "(e) Early/Middle college high school \n(1) Reservation for grants \nThe Secretary of Education shall reserve, at a maximum, 25 percent of the funds appropriated under subsection (f) for any fiscal year for a program of grants to early/middle college high school. (2) Eligible programs \nFor purposes of this subsection, an early/middle college high school is a school that is designed to provide 9th through 12th grade low-income and first-generation college students with a coherent course of study enabling them to earn simultaneously a high school diploma and college credit toward a postsecondary degree. (3) Requirements \nExcept as provided in paragraph (4), the programs provided funds under this subsection shall comply with the requirements of subsections (b), (c), and (d) of this section. (4) Exception \nNotwithstanding subsections (b)(1) and (d)(3)— (A) a student served in a program funded by a grant under this subsection is not required to be enrolled in a GEAR UP partnership or State program; and (B) an entity applying for funding under this subsection is not required to meet the requirements of section 404A(c).", "id": "H14C0024F4F39481496B3D46E35AF881F", "header": "Early/Middle college high school", "nested": [], "links": [] }, { "text": "(f) Authorization of appropriations \nIn addition to the sums authorized by section 404I, there are authorized to be appropriated to carry out this section $50,000,000 for fiscal year 2005 and such sums necessary for each of the 5 succeeding years.", "id": "H24D7A5E659AB42038593FE52576C62CE", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "7. Evaluation, report, and technical assistance \nSection 404H ( 20 U.S.C. 1070a–27 ), as redesignated by section 5(1) of this Act, is amended by adding at the end the following new subsection: (e) Technical assistance \nIn order to assist current grantees in strengthening partnerships, leveraging resources, and sustaining programs, the Secretary shall award not more than 0.75 percent of the funds appropriated under section 404I for a fiscal year to the national education organization that has served as technical assistance provider for this program..", "id": "H622EBE1080814644B700003DB767D72", "header": "Evaluation, report, and technical assistance", "nested": [], "links": [ { "text": "20 U.S.C. 1070a–27", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-27" } ] }, { "text": "8. Authorization of appropriations \nSection 404I ( 20 U.S.C. 1070a–28 ), as redesignated by section 5(1) of this Act, is amended to read as follows: 404I. Authorization of appropriations \nThere are authorized to be appropriated to carry out this chapter $500,000,000 for fiscal year 2005 and such sums as may be necessary for each of the 5 succeeding fiscal years..", "id": "H211086AA20694A8BA0D4B35D6300A358", "header": "Authorization of appropriations", "nested": [], "links": [ { "text": "20 U.S.C. 1070a–28", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-28" } ] }, { "text": "404I. Authorization of appropriations \nThere are authorized to be appropriated to carry out this chapter $500,000,000 for fiscal year 2005 and such sums as may be necessary for each of the 5 succeeding fiscal years.", "id": "H2E72652193124A888F7FB8CDD3B15A5", "header": "Authorization of appropriations", "nested": [], "links": [] } ]

[ "Education and the Workforce Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H5CD3F5CF9A014EDAA3B9E5002EAD2EB4", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Academy for Law Enforcement Intelligence \n(a) Academy required \n(1) The Attorney General shall maintain an academy, to be known as the Academy for Law Enforcement Intelligence, for the training of Federal, State, and local law enforcement officers and analysts in the analysis, dissemination, and management of intelligence. (2) The Attorney General shall carry out paragraph (1) in consultation with the Secretary of Homeland Security, the Administrator of the Drug Enforcement Administration, the Director of the Federal Bureau of Investigation, the Secretary of the Treasury, the Secretary of Defense, and the Director of Central Intelligence. (b) Curriculum \nThe curriculum of the Academy shall include— (1) basic, intermediate, and advanced training in the collection, analysis, and dissemination of intelligence; (2) modular courses in collection, analysis, communications for intelligence, critical thinking, counter-terrorism, foreign language, criminal intelligence, studies in intelligence methodology, leadership and management, ethics and the law, narcotics, organized crime, white-collar crime, technology, and information security; (3) courses on the use and management of intelligence for law enforcement officers, supervisors, and executives; and (4) may include both in-person and distance-learning courses. (c) Location of academy \nThe Attorney General shall develop and administer the academy curriculum utilizing the Justice Training Center facilities located in Quantico, Virginia. Training shall be provided at that facility and at any other locations that the Attorney General considers appropriate. (d) Advisory Board on Law Enforcement Intelligence \n(1) Establishment \nThe Attorney General shall establish an advisory board to be known as the Advisory Board on Law Enforcement Intelligence (hereinafter in this subsection referred to as the Board ). The Attorney General shall, on a regular basis, consult with the Board with respect to matters within the duties of the Board. (2) Members \nThe Attorney General shall appoint the members of the Board from among individuals from the fields of intelligence and law enforcement. The Attorney General shall ensure that the Board includes members from each of the following groups: (A) Officers, analysts, and agents who represent Federal, State, and local law enforcement agencies. (B) Officers, analysts, and agents who represent appropriate elements of the intelligence community. (C) Individuals recognized for exceptional expertise in academic studies on intelligence. (3) Terms \nThe Attorney General shall determine the number, terms of service, and pay and allowances of members of the Board. (4) Duties \nThe duty of the Board shall be to advise the Attorney General with respect to the following matters: (A) The overall operation of the Academy. (B) The quality of instruction and the content of curriculum of the Academy. (C) The appointment of staff and the hiring of contract instructors at the Academy. (D) The efforts of the Academy to promote the intelligence profession among undergraduate and graduate students in the United States. (5) Meetings \nThe Board shall meet not less frequently than semi-annually. (6) Report \n(A) Not later than September 1, 2004, the Board shall submit to the Attorney General a report containing the recommendations of the Board with respect to establishing and maintaining the highest-quality intelligence personnel resources for Federal, State, and local law enforcement agencies. The report shall include recommendations with respect to existing intelligence training initiatives that represent all levels of law enforcement agencies and professional intelligence training associations and consortiums. (B) Not later than 30 days after the receipt of the report under subparagraph (A), the Attorney General shall transmit a copy of the report to Congress. In transmitting the report, the Attorney General may include the responses of the Attorney General to any or all of the recommendations contained in that report. (e) Authorization of appropriations \nAmounts are authorized to be appropriated to carry out this section as follows: (1) $15,000,000 for fiscal year 2004. (2) $18,000,000 for fiscal year 2005. (3) $20,000,000 for fiscal year 2006.", "id": "H8E782ACF3FB54679BB7B65C084CFA076", "header": "Academy for Law Enforcement Intelligence", "nested": [ { "text": "(a) Academy required \n(1) The Attorney General shall maintain an academy, to be known as the Academy for Law Enforcement Intelligence, for the training of Federal, State, and local law enforcement officers and analysts in the analysis, dissemination, and management of intelligence. (2) The Attorney General shall carry out paragraph (1) in consultation with the Secretary of Homeland Security, the Administrator of the Drug Enforcement Administration, the Director of the Federal Bureau of Investigation, the Secretary of the Treasury, the Secretary of Defense, and the Director of Central Intelligence.", "id": "H9B783B9ED84F4D09B58655175CDBAB38", "header": "Academy required", "nested": [], "links": [] }, { "text": "(b) Curriculum \nThe curriculum of the Academy shall include— (1) basic, intermediate, and advanced training in the collection, analysis, and dissemination of intelligence; (2) modular courses in collection, analysis, communications for intelligence, critical thinking, counter-terrorism, foreign language, criminal intelligence, studies in intelligence methodology, leadership and management, ethics and the law, narcotics, organized crime, white-collar crime, technology, and information security; (3) courses on the use and management of intelligence for law enforcement officers, supervisors, and executives; and (4) may include both in-person and distance-learning courses.", "id": "H863FA1EBF76F4F80B2879FBED79C0956", "header": "Curriculum", "nested": [], "links": [] }, { "text": "(c) Location of academy \nThe Attorney General shall develop and administer the academy curriculum utilizing the Justice Training Center facilities located in Quantico, Virginia. Training shall be provided at that facility and at any other locations that the Attorney General considers appropriate.", "id": "H5C3ED0EDC71D40C6931B88494C590063", "header": "Location of academy", "nested": [], "links": [] }, { "text": "(d) Advisory Board on Law Enforcement Intelligence \n(1) Establishment \nThe Attorney General shall establish an advisory board to be known as the Advisory Board on Law Enforcement Intelligence (hereinafter in this subsection referred to as the Board ). The Attorney General shall, on a regular basis, consult with the Board with respect to matters within the duties of the Board. (2) Members \nThe Attorney General shall appoint the members of the Board from among individuals from the fields of intelligence and law enforcement. The Attorney General shall ensure that the Board includes members from each of the following groups: (A) Officers, analysts, and agents who represent Federal, State, and local law enforcement agencies. (B) Officers, analysts, and agents who represent appropriate elements of the intelligence community. (C) Individuals recognized for exceptional expertise in academic studies on intelligence. (3) Terms \nThe Attorney General shall determine the number, terms of service, and pay and allowances of members of the Board. (4) Duties \nThe duty of the Board shall be to advise the Attorney General with respect to the following matters: (A) The overall operation of the Academy. (B) The quality of instruction and the content of curriculum of the Academy. (C) The appointment of staff and the hiring of contract instructors at the Academy. (D) The efforts of the Academy to promote the intelligence profession among undergraduate and graduate students in the United States. (5) Meetings \nThe Board shall meet not less frequently than semi-annually. (6) Report \n(A) Not later than September 1, 2004, the Board shall submit to the Attorney General a report containing the recommendations of the Board with respect to establishing and maintaining the highest-quality intelligence personnel resources for Federal, State, and local law enforcement agencies. The report shall include recommendations with respect to existing intelligence training initiatives that represent all levels of law enforcement agencies and professional intelligence training associations and consortiums. (B) Not later than 30 days after the receipt of the report under subparagraph (A), the Attorney General shall transmit a copy of the report to Congress. In transmitting the report, the Attorney General may include the responses of the Attorney General to any or all of the recommendations contained in that report.", "id": "H4604470CED6944558BF55E2278FD15A9", "header": "Advisory Board on Law Enforcement Intelligence", "nested": [], "links": [] }, { "text": "(e) Authorization of appropriations \nAmounts are authorized to be appropriated to carry out this section as follows: (1) $15,000,000 for fiscal year 2004. (2) $18,000,000 for fiscal year 2005. (3) $20,000,000 for fiscal year 2006.", "id": "HA1F47B23CA56498AB5959C3BD4B7322B", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Pilot program on training for law enforcement intelligence analysts \n(a) Pilot program required \n(1) The Attorney General shall carry out a pilot program, to be known as the Law Enforcement Analyst Training Assistance Program, to assess the feasibility and advisability of providing for the preparation of selected students for availability for employment as intelligence analysts for the intelligence and intelligence-related activities of law enforcement agencies in the United States. (2) The Attorney General shall model the pilot program after the Reserve Officers’ Training Corps program of the Department of Defense. (b) Elements \nIn carrying out the pilot program under subsection (a), the Attorney General shall establish and maintain one or more cadres of students who— (1) participate in such training as intelligence analysts as the Attorney General considers appropriate; and (2) upon completion of such training, are available for employment as intelligence analysts under such terms and conditions as the Attorney General considers appropriate. (c) Duration \nThe Attorney General shall carry out the pilot program under subsection (a) during fiscal years 2004 through 2006. (d) Limitation on number of members during fiscal year 2004 \nDuring fiscal year 2004, not more than 150 students may participate in the pilot program under subsection (a). (e) Responsibility \nThe Attorney General shall carry out the pilot program under subsection (a) through the Office of Intelligence of the Federal Bureau of Investigation. (f) Reports \n(1) Not later than 120 days after the date of the enactment of this Act, the Attorney General shall submit to Congress a preliminary report on the pilot program under subsection (a), including a description of the pilot program and the authorities to be utilized in carrying out the pilot program. (2) Not later than one year after the commencement of the pilot program, the Attorney General shall submit to Congress a report on the pilot program. The report shall include— (A) a description of the activities under the pilot program, including the number of students who participated in the pilot program and the training provided such students under the pilot program; (B) an assessment of the effectiveness of the pilot program in meeting the purpose of the pilot program; and (C) any recommendations for additional legislative or administrative action that the Attorney General considers appropriate in light of the pilot program. (g) Funding \nThere are authorized to be appropriated to carry out this section $4,000,000 for fiscal year 2004 and such amounts as may be necessary for each of fiscal years 2005 and 2006.", "id": "H7504CEC8C21D434E8B873089BE5E1F82", "header": "Pilot program on training for law enforcement intelligence analysts", "nested": [ { "text": "(a) Pilot program required \n(1) The Attorney General shall carry out a pilot program, to be known as the Law Enforcement Analyst Training Assistance Program, to assess the feasibility and advisability of providing for the preparation of selected students for availability for employment as intelligence analysts for the intelligence and intelligence-related activities of law enforcement agencies in the United States. (2) The Attorney General shall model the pilot program after the Reserve Officers’ Training Corps program of the Department of Defense.", "id": "H2A7F791A61BE43DBA97040C3008461CD", "header": "Pilot program required", "nested": [], "links": [] }, { "text": "(b) Elements \nIn carrying out the pilot program under subsection (a), the Attorney General shall establish and maintain one or more cadres of students who— (1) participate in such training as intelligence analysts as the Attorney General considers appropriate; and (2) upon completion of such training, are available for employment as intelligence analysts under such terms and conditions as the Attorney General considers appropriate.", "id": "HF8230B22A0C744A5A31596BECF3EC444", "header": "Elements", "nested": [], "links": [] }, { "text": "(c) Duration \nThe Attorney General shall carry out the pilot program under subsection (a) during fiscal years 2004 through 2006.", "id": "HF4A5373D02BD467584422E1EC7CD76E9", "header": "Duration", "nested": [], "links": [] }, { "text": "(d) Limitation on number of members during fiscal year 2004 \nDuring fiscal year 2004, not more than 150 students may participate in the pilot program under subsection (a).", "id": "H4FDE3151F52943D89635A5158C991312", "header": "Limitation on number of members during fiscal year 2004", "nested": [], "links": [] }, { "text": "(e) Responsibility \nThe Attorney General shall carry out the pilot program under subsection (a) through the Office of Intelligence of the Federal Bureau of Investigation.", "id": "H6EB34267A97F4168BC35970053281EAA", "header": "Responsibility", "nested": [], "links": [] }, { "text": "(f) Reports \n(1) Not later than 120 days after the date of the enactment of this Act, the Attorney General shall submit to Congress a preliminary report on the pilot program under subsection (a), including a description of the pilot program and the authorities to be utilized in carrying out the pilot program. (2) Not later than one year after the commencement of the pilot program, the Attorney General shall submit to Congress a report on the pilot program. The report shall include— (A) a description of the activities under the pilot program, including the number of students who participated in the pilot program and the training provided such students under the pilot program; (B) an assessment of the effectiveness of the pilot program in meeting the purpose of the pilot program; and (C) any recommendations for additional legislative or administrative action that the Attorney General considers appropriate in light of the pilot program.", "id": "H3362319132534269B0A9CF23D2EE99B", "header": "Reports", "nested": [], "links": [] }, { "text": "(g) Funding \nThere are authorized to be appropriated to carry out this section $4,000,000 for fiscal year 2004 and such amounts as may be necessary for each of fiscal years 2005 and 2006.", "id": "HC94CC1471B0E43BD98045043F7A7F5AC", "header": "Funding", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Use of COPS funds for intelligence officer activities \nSection 1701 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd ) is amended by adding at the end the following new subsection: (l) Intelligence Officer Activities \nNot less than 25 percent of the amounts made available to carry out this part shall be used only for programs, projects, and other activities to— (1) increase, through hiring or redeployment, the number of State and local law enforcement officers or employees involved in activities that are focused on the development of intelligence for the purposes of countering terrorism, countering crime, or both; (2) provide specialized training to not more than 5 intelligence officers per grant recipient, to enhance the observational skills, intelligence-gathering skills, foreign language skills, and analytical skills, for the purposes referred to in paragraph (1); (3) improve coordination among Federal, State, and local law enforcement officers involved in activities referred to in paragraph (1); and (4) ensure that not less than 1 intelligence officer per grant recipient has a security clearance of not less than top secret level..", "id": "HB0DD7CAD8BC44E53AB4D71D017A805FF", "header": "Use of COPS funds for intelligence officer activities", "nested": [ { "text": "Section 1701 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd ) is amended by adding at the end the following new subsection: (l) Intelligence Officer Activities \nNot less than 25 percent of the amounts made available to carry out this part shall be used only for programs, projects, and other activities to— (1) increase, through hiring or redeployment, the number of State and local law enforcement officers or employees involved in activities that are focused on the development of intelligence for the purposes of countering terrorism, countering crime, or both; (2) provide specialized training to not more than 5 intelligence officers per grant recipient, to enhance the observational skills, intelligence-gathering skills, foreign language skills, and analytical skills, for the purposes referred to in paragraph (1); (3) improve coordination among Federal, State, and local law enforcement officers involved in activities referred to in paragraph (1); and (4) ensure that not less than 1 intelligence officer per grant recipient has a security clearance of not less than top secret level..", "id": "HA79D948DBB0E4C5DA679EF2B90074209", "header": null, "nested": [], "links": [ { "text": "42 U.S.C. 3796dd", "legal-doc": "usc", "parsable-cite": "usc/42/3796dd" } ] } ], "links": [ { "text": "42 U.S.C. 3796dd", "legal-doc": "usc", "parsable-cite": "usc/42/3796dd" } ] } ]

[ "Judiciary Committee" ]

[ { "text": "1. Short Title \nThis Act may be cited as the International Pediatric HIV/AIDS Network Act of 2004.", "id": "HF521425890E14DD3A910B8002483545C", "header": "Short Title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds the following: (1) HIV/AIDS causes the death of more individuals than any other infectious disease, surpassing even tuberculosis and malaria, the leading causes of death since antiquity. In 2003 HIV/AIDS caused the death of more than 3,000,000 individuals. (2) Worldwide, approximately 40,000,000 adults and children are infected with HIV, and approximately 28,000,000 individuals have died of AIDS since the beginning of the epidemic, including approximately 5,600,000 children. (3) Approximately 50 percent of all new HIV infections occur among young people 15 to 24 years of age. (4) Each day more than 2,000 children are infected with HIV and 16 percent of all new HIV infections involve children. (5) In 2003 more than 700,000 children became infected with HIV and a total of approximately 2,500,000 children were living with HIV/AIDS. (6) In 2003 approximately 500,000 children died from AIDS. By the end of 2003 a total of more than 5,600,000 children had died from AIDS since the beginning of the epidemic. (7) The HIV/AIDS epidemic has a devastating impact on children and families. More than 14,000,000 children have been orphaned as a result of HIV/AIDS, of whom 95 percent live in sub-Saharan Africa. (8) The following represents the approximate number of children under the age of 15 who are living with HIV/AIDS in the countries indicated: 270,000 in Nigeria, 250,000 in South Africa, 230,000 in Ethiopia, 220,000 in Kenya, 170,000 in Tanzania, 150,000 in Zambia, 110,000 in Uganda, 84,000 in Côte d’Ivoire, 80,000 in Mozambique, 65,000 in Rwanda, 30,000 in Namibia, 170,000 in India, 2,000 in the People’s Republic of China, and 800 in Guyana. (9) These countries are developing countries in which very few individuals infected with HIV have access to antiretroviral therapies. (10) Approximately 50 percent of all individuals who become infected with HIV acquire the virus before the age of 25 and die from AIDS or AIDS-related illnesses before the age of 35. The propensity of HIV to infect adolescents and young adults poses a unique threat to children for acquisition of the virus. (11) In addition, 95 percent of HIV/AIDS-associated deaths occur in developing countries. Some projections indicate that by 2005 the number of individuals infected with HIV in Africa may double to approximately 60,000,000 individuals. Asia, especially India and the People’s Republic of China, is acknowledged to represent the next region to experience a major increase in the HIV/AIDS epidemic. (12) There is also a lack of health care professionals with expertise or experience in treating children infected with HIV, including the provision of therapy, dosing, administration, and monitoring. Treatment for children infected with HIV is not as widely available as it is for adults infected with HIV and thus children represent a disproportionate share of those individuals infected with HIV who do not have access treatment. (13) Most health care professionals in developing countries lack formal education or training in pediatric HIV/AIDS treatment, have limited access to relevant scientific and medical literature, and do not network or collaborate with their colleagues in other institutions on any regular basis. (14) Formal research training for such health care professionals is almost non-existent, as well as studies specifically designed to address practical and affordable approaches to the prevention and treatment of HIV/AIDS. Infrastructure for the conduct of HIV/AIDS clinical research is lacking in most developing countries. (15) The establishment of a network of pediatric centers to provide treatment and care for children with HIV/AIDS in developing countries and the training of pediatric health care professionals would be an important contribution to the prevention, treatment, and monitoring of HIV/AIDS cases in those countries. (16) The establishment of this network will mean that approximately 40,000 children with HIV/AIDS will receive treatment and care at the pediatric centers during the five year-period beginning immediately after the establishment of the network. This will dramatically enhance the global infrastructure and capacity for HIV/AIDS care and treatment and clinical research. Each center would become self-sustaining after the initial five year-period. (17) These centers will be developed and staffed collaboratively by United States and local professionals. The centers would be modeled after two landmark international pediatric HIV/AIDS care and treatment centers already established and operating in Constanta, Romania, and Gaborone, Botswana. (18) Based on the model of the pediatric HIV/AIDS care and treatment centers in Constanta, Romania and Gaborone, Botswana, these centers will make a valuable contribution not only to the treatment of HIV/AIDS, but also to routine care, psychosocial care, and nutritional and other child life services.", "id": "H8BAD06C9BDFA4A588525E432DC5EBD3B", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Amendments to the Foreign Assistance Act of 1961 \n(a) Network of Pediatric HIV/AIDS Centers \nSection 104A(d) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151b-2(d) ) is amended by adding at the end the following new paragraph: (8) Network of pediatric hiv/aids centers \nThe establishment and operation by one or more public-private partnership entities described in paragraph (7) of a network of pediatric centers in countries in sub-Saharan Africa, the Republic of India, the People’s Republic of China, the Co-operative Republic of Guyana, and other countries and areas with high rates of HIV/AIDS to provide treatment and care for children with HIV/AIDS in such countries and areas and to provide training of pediatric health care professionals at such centers.. (b) Funding \nSection 104A of the Foreign Assistance Act of 1961 is amended— (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following new subsection: (g) Funding for Network of Pediatric HIV/AIDS Centers \nOf the funds made available to carry out this section for fiscal years 2005 through 2009, not less than $10,000,000 for each such fiscal year is authorized to be made available to carry out subsection (d)(8)..", "id": "HD75B4C36716B4403A798BBE0EDDC5993", "header": "Amendments to the Foreign Assistance Act of 1961", "nested": [ { "text": "(a) Network of Pediatric HIV/AIDS Centers \nSection 104A(d) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151b-2(d) ) is amended by adding at the end the following new paragraph: (8) Network of pediatric hiv/aids centers \nThe establishment and operation by one or more public-private partnership entities described in paragraph (7) of a network of pediatric centers in countries in sub-Saharan Africa, the Republic of India, the People’s Republic of China, the Co-operative Republic of Guyana, and other countries and areas with high rates of HIV/AIDS to provide treatment and care for children with HIV/AIDS in such countries and areas and to provide training of pediatric health care professionals at such centers..", "id": "H505A8DC857C6488187F7F3F007F97519", "header": "Network of Pediatric HIV/AIDS Centers", "nested": [], "links": [ { "text": "22 U.S.C. 2151b-2(d)", "legal-doc": "usc", "parsable-cite": "usc/22/2151b-2" } ] }, { "text": "(b) Funding \nSection 104A of the Foreign Assistance Act of 1961 is amended— (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following new subsection: (g) Funding for Network of Pediatric HIV/AIDS Centers \nOf the funds made available to carry out this section for fiscal years 2005 through 2009, not less than $10,000,000 for each such fiscal year is authorized to be made available to carry out subsection (d)(8)..", "id": "HAB82A55FB095454887B9E97469973E03", "header": "Funding", "nested": [], "links": [] } ], "links": [ { "text": "22 U.S.C. 2151b-2(d)", "legal-doc": "usc", "parsable-cite": "usc/22/2151b-2" } ] } ]

[ "Foreign Affairs Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H92879EE4BB794448A5C2E8462816C81", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Expanded chiropractor services available to veterans \n(a) Medical services \nParagraph (6) of section 1701 of title 38, United States Code, is amended by adding at the end the following new subparagraph: (G) Chiropractic services.. (b) Rehabilitative services \nParagraph (8) of such section is amended by inserting chiropractic, after counseling,. (c) Preventive health services \nParagraph (9) of such section is amended— (1) by redesignating subparagraphs (F) through (K) as subparagraphs (G) through (L), respectively; and (2) by inserting after subparagraph (E) the following new subparagraph (F): (F) periodic and preventative chiropractic examinations and services;.", "id": "H81B3C406456F4A0D9700385BFB114521", "header": "Expanded chiropractor services available to veterans", "nested": [ { "text": "(a) Medical services \nParagraph (6) of section 1701 of title 38, United States Code, is amended by adding at the end the following new subparagraph: (G) Chiropractic services..", "id": "HC995AEA2E884430D8C2CECBAAAE1B3", "header": "Medical services", "nested": [], "links": [ { "text": "section 1701", "legal-doc": "usc", "parsable-cite": "usc/38/1701" } ] }, { "text": "(b) Rehabilitative services \nParagraph (8) of such section is amended by inserting chiropractic, after counseling,.", "id": "H29122499E1D94C98B2B22F5636233598", "header": "Rehabilitative services", "nested": [], "links": [] }, { "text": "(c) Preventive health services \nParagraph (9) of such section is amended— (1) by redesignating subparagraphs (F) through (K) as subparagraphs (G) through (L), respectively; and (2) by inserting after subparagraph (E) the following new subparagraph (F): (F) periodic and preventative chiropractic examinations and services;.", "id": "HA771097232E04914889B384607AEA945", "header": "Preventive health services", "nested": [], "links": [] } ], "links": [ { "text": "section 1701", "legal-doc": "usc", "parsable-cite": "usc/38/1701" } ] }, { "text": "3. Direct access for veterans to chiropractic services \n(a) In general \nChapter 17 of title 38, is amended by inserting after section 1710B the following new section: 1710C. Direct access to chiropractic services \n(a) The Secretary shall permit eligible veterans to receive needed medical services, rehabilitative services, and preventative health services from a licensed doctor of chiropractic on a direct access basis at the election of the eligible veteran, if such services are within the State scope of practice of such doctor of chiropractic. (b) The Secretary shall not discriminate among licensed health-care providers in the determination of needed services.. (b) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1710B the following new item: 1710C. Direct access to chiropractic services.", "id": "H3BC62120FAEB44518CC31490003EEEF2", "header": "Direct access for veterans to chiropractic services", "nested": [ { "text": "(a) In general \nChapter 17 of title 38, is amended by inserting after section 1710B the following new section: 1710C. Direct access to chiropractic services \n(a) The Secretary shall permit eligible veterans to receive needed medical services, rehabilitative services, and preventative health services from a licensed doctor of chiropractic on a direct access basis at the election of the eligible veteran, if such services are within the State scope of practice of such doctor of chiropractic. (b) The Secretary shall not discriminate among licensed health-care providers in the determination of needed services..", "id": "HB4D5A989E8CD476DB8C1B2ED8D007271", "header": "In general", "nested": [], "links": [ { "text": "Chapter 17", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/17" }, { "text": "section 1710B", "legal-doc": "usc", "parsable-cite": "usc/38/1710B" } ] }, { "text": "(b) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1710B the following new item: 1710C. Direct access to chiropractic services.", "id": "HD4AB9D62D77A47C10036960375ABD46E", "header": "Clerical amendment", "nested": [], "links": [] } ], "links": [ { "text": "Chapter 17", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/17" }, { "text": "section 1710B", "legal-doc": "usc", "parsable-cite": "usc/38/1710B" } ] }, { "text": "1710C. Direct access to chiropractic services \n(a) The Secretary shall permit eligible veterans to receive needed medical services, rehabilitative services, and preventative health services from a licensed doctor of chiropractic on a direct access basis at the election of the eligible veteran, if such services are within the State scope of practice of such doctor of chiropractic. (b) The Secretary shall not discriminate among licensed health-care providers in the determination of needed services.", "id": "HE8861A1EF1D84B5CACA66706C53FCAA", "header": "Direct access to chiropractic services", "nested": [ { "text": "(a) The Secretary shall permit eligible veterans to receive needed medical services, rehabilitative services, and preventative health services from a licensed doctor of chiropractic on a direct access basis at the election of the eligible veteran, if such services are within the State scope of practice of such doctor of chiropractic.", "id": "HAB37185871944F81A0226FA9C27336E5", "header": null, "nested": [], "links": [] }, { "text": "(b) The Secretary shall not discriminate among licensed health-care providers in the determination of needed services.", "id": "H542D0202C8EF4990AD37B12C2DAD0708", "header": null, "nested": [], "links": [] } ], "links": [] } ]

[ "Veterans' Affairs Committee" ]

[ { "text": "1. Exemption for certain ferry borne trailer cargo from harbor maintenance tax \n(a) In general \nSection 4462 of the Internal Revenue Code of 1986 (relating to definitions and special rules) is amended by redesignating subsection (i) as subsection (j) and by inserting after subsection (h) the following new subsection: (i) Exemption for certain ferry borne trailer cargo \n(1) In general \nThe tax imposed by section 4461(a) shall not apply to cargo which is qualified ferry trailer cargo. (2) Qualified ferry trailer cargo \nFor purposes of paragraph (1), the term qualified ferry trailer cargo means cargo which is on or in a truck trailer or semitrailer parked on a ferry which is operating between two ports for the sole purpose of transporting such trailers and trucks between such ports due to traffic congestion on the nearest international bridge serving the area in which such ports are located.. (b) Effective date \nThe amendment made by subsection (a) shall apply to port use after December 31, 2004.", "id": "H48094BA0CF184451AA7481E01F51009B", "header": "Exemption for certain ferry borne trailer cargo from harbor maintenance tax", "nested": [ { "text": "(a) In general \nSection 4462 of the Internal Revenue Code of 1986 (relating to definitions and special rules) is amended by redesignating subsection (i) as subsection (j) and by inserting after subsection (h) the following new subsection: (i) Exemption for certain ferry borne trailer cargo \n(1) In general \nThe tax imposed by section 4461(a) shall not apply to cargo which is qualified ferry trailer cargo. (2) Qualified ferry trailer cargo \nFor purposes of paragraph (1), the term qualified ferry trailer cargo means cargo which is on or in a truck trailer or semitrailer parked on a ferry which is operating between two ports for the sole purpose of transporting such trailers and trucks between such ports due to traffic congestion on the nearest international bridge serving the area in which such ports are located..", "id": "H3C2BF5DC28BF499EBF335672A3F2C320", "header": "In general", "nested": [], "links": [ { "text": "Section 4462", "legal-doc": "usc", "parsable-cite": "usc/26/4462" } ] }, { "text": "(b) Effective date \nThe amendment made by subsection (a) shall apply to port use after December 31, 2004.", "id": "H3FF822753CD746DFBB00D3577CE2049", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Section 4462", "legal-doc": "usc", "parsable-cite": "usc/26/4462" } ] } ]

[ "Ways and Means Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HDC0E0F72E464473F9F12CA1B5B638C35", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nThe Congress finds the following: (1) The current 39 year depreciation period for commercial and industrial heating, ventilation, air conditioning and refrigeration (HVACR) systems does not accurately reflect the life span of these systems. (2) The upkeep and energy costs required for HVACR systems which are between 15 and 20 years old in nonresidential buildings are not cost-effective but these same businesses find it difficult to make the high-cost investment in new energy systems. (3) A reduced depreciation period for HVACR systems would be a clear incentive to keep systems up-to-date and help increase businesses’ bottom line while decreasing the Nation’s energy consumption. (4) Reducing the depreciation period for HVACR systems would also provide an incentive for replacing the estimated 35,000 large tonnage chillers in use as of January 1, 2004, that still use chlorofluorocarbon (CFC) refrigerants which were banned from production in the United States due to concerns about depletion of the ozone layer. (5) The Environmental Protection Agency recently concluded in a report that a new, energy-efficient chiller can easily pay for itself in electricity savings, improved reliability, and lower maintenance costs in five years. (6) Recent technological advancements that have increased the ability of businesses to conserve energy include co-generation and combined heat and power systems which are recognized as highly efficient systems for large buildings. (7) One example of the remarkable increase in energy efficiency due to technological advances is the great progress the air conditioning industry has made. For unitary products, average efficiencies increased by 50 percent between 1976 and 1995. (8) Buildings in the United States use more than 30,000,000,000,000,000 Btu of energy per year. 1,000,000,000,000,000 Btu of energy is enough power to run all the residential refrigerators in the United States for one year. Without energy-conservation technologies energy use could reach 40,000,000,000,000,000 Btu by 2020.", "id": "H5D85E95C1AD24FCCB5CECCF6A0AD0449", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Recovery period for depreciation of certain systems installed in nonresidential buildings \n(a) 15-Year recovery period \nSubparagraph (E) of section 168(e)(3) of the Internal Revenue Code of 1986 (relating to 15-year property) is amended by striking and at the end of clause (ii), by striking the period at the end of clause (iii) and inserting , and , and by adding at the end the following new clause: (iv) any property which is part of a heating, ventilation, air conditioning, or refrigeration system and which is installed on or in a building which is nonresidential real property.. (b) Requirement to use straight line method \nParagraph (3) of section 168(b) of such Code (relating to property to which straight line method applies) is amended by adding at the end the following new subparagraph: (G) Property described in subsection (e)(3)(E)(iv).. (c) Alternative system \nThe table contained in section 168(g)(3)(B) of such Code is amended by inserting after the item relating to subparagraph (E)(iii) the following new item: “(E)(iv) 15”. (d) Effective date \nThe amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.", "id": "H2C75FBBC1C524B0D804670CADE55D8", "header": "Recovery period for depreciation of certain systems installed in nonresidential buildings", "nested": [ { "text": "(a) 15-Year recovery period \nSubparagraph (E) of section 168(e)(3) of the Internal Revenue Code of 1986 (relating to 15-year property) is amended by striking and at the end of clause (ii), by striking the period at the end of clause (iii) and inserting , and , and by adding at the end the following new clause: (iv) any property which is part of a heating, ventilation, air conditioning, or refrigeration system and which is installed on or in a building which is nonresidential real property..", "id": "H0AB0E1361CEE448E008FFC7F648F56AA", "header": "15-Year recovery period", "nested": [], "links": [ { "text": "section 168(e)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/168" } ] }, { "text": "(b) Requirement to use straight line method \nParagraph (3) of section 168(b) of such Code (relating to property to which straight line method applies) is amended by adding at the end the following new subparagraph: (G) Property described in subsection (e)(3)(E)(iv)..", "id": "H58AB6219711841EAB17BCD477B5FF1CE", "header": "Requirement to use straight line method", "nested": [], "links": [] }, { "text": "(c) Alternative system \nThe table contained in section 168(g)(3)(B) of such Code is amended by inserting after the item relating to subparagraph (E)(iii) the following new item: “(E)(iv) 15”.", "id": "H1E03E3E3D62C4B2486AA8B3EAB5FAA76", "header": "Alternative system", "nested": [], "links": [] }, { "text": "(d) Effective date \nThe amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.", "id": "H91D784872EC84BEA874027D6FE484052", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "section 168(e)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/168" } ] } ]

[ "Ways and Means Committee" ]

[ { "text": "1. Allyl ureido monomer \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: 9902.34.41 Allyl ureido monomer (CAS No. 90412-00-3) (provided for in subheading 2933.29.90) 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": "HE9A819FD362B41E691F2CED7F3993CB4", "header": "Allyl ureido monomer", "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: 9902.34.41 Allyl ureido monomer (CAS No. 90412-00-3) (provided for in subheading 2933.29.90) 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": "That section 1105(a) of title 31, United States Code, is amended by adding at the end the following new paragraph: (35) A separate statement setting forth the estimated unfunded liability, if any, of each program— (A) as of the close of the fiscal year for which the budget is submitted (assuming enactment of the estimated expenditures and proposed appropriations set forth in the President’s budget submission); (B) as of the close of the prior fiscal year; and (C) for the 20-fiscal-year period and for the 75-fiscal-year period beginning with the fiscal year for which the budget is submitted (assuming enactment of the estimated expenditures and proposed appropriations set forth in the President’s budget submission)..", "id": "HF36B85FA765B4F30941E38F7471F0788", "header": null, "nested": [], "links": [ { "text": "section 1105(a)", "legal-doc": "usc", "parsable-cite": "usc/31/1105" } ] } ]

[ "Budget Committee" ]

[ { "text": "1. Conveyance of property to clark County, Nevada \n(a) Findings \nCongress finds that— (1) the Las Vegas Valley in the State of Nevada is the fastest growing community in the United States; (2) helicopter tour operations are conflicting with the needs of long-established residential communities in the Valley; and (3) the designation of a public heliport in the Valley that would reduce conflicts between helicopter tour operators and residential communities is in the public interest. (b) Purpose \nThe purpose of this Act is to provide a suitable location for the establishment of a commercial service heliport facility to serve the Las Vegas Valley in the State of Nevada while minimizing and mitigating the impact of air tours on the Sloan Canyon National Conservation Area and North McCullough Mountains Wilderness. (c) Definitions \nIn this Act: (1) Conservation Area \nThe term Conservation Area means the Sloan Canyon National Conservation Area established by section 604(a) of the Clark County Conservation of Public Land and Natural Resources Act of 2002 (116 Stat. 2010). (2) County \nThe term County means Clark County, Nevada. (3) Helicopter tour \n(A) In general \nThe term helicopter tour means a commercial helicopter tour operated for profit. (B) Exclusion \nThe term helicopter tour does not include a helicopter tour that is carried out to assist a Federal, State, or local agency. (4) Secretary \nThe term Secretary means the Secretary of the Interior. (5) Wilderness \nThe term Wilderness means the North McCullough Mountains Wilderness established by section 202(a)(13) of the Clark County Conservation of Public Land and Natural Resources Act of 2002 (116 Stat. 2000). (d) Conveyance \nAs soon as practicable after the date of enactment of this Act, the Secretary shall convey to the County, subject to valid existing rights, for no consideration, all right, title, and interest of the United States in and to the parcel of land described in subsection (e). (e) Description of land \nThe parcel of land to be conveyed under subsection (d) is the parcel of approximately 229 acres of land depicted as tract A on the map entitled Clark County Public Heliport Facility and dated May 3, 2004. (f) Use of land \n(1) In general \nThe parcel of land conveyed under subsection (d)— (A) shall be used by the County for the operation of a heliport facility under the conditions stated in paragraphs (2) and (3); and (B) shall not be disposed of by the County. (2) Imposition of fees \n(A) In general \nAny operator of a helicopter tour originating from or concluding at the parcel of land described in subsection (e) shall pay to the Clark County Department of Aviation a $3 conservation fee for each passenger on the helicopter tour if any portion of the helicopter tour occurs over the Conservation Area. (B) Disposition of funds \nAny amounts collected under subparagraph (A) shall be deposited in a special account in the Treasury of the United States, which shall be available to the Secretary, without further appropriation, for the management of cultural, wildlife, and wilderness resources on public land in the State of Nevada. (3) Flight path \nExcept for safety reasons, any helicopter tour originating or concluding at the parcel of land described in subsection (e) that flies over the Conservation Area shall not fly— (A) over any area in the Conservation Area except the area that is between 3 and 5 miles north of the latitude of the southernmost boundary of the Conservation Area; (B) lower than 1,000 feet over the eastern segments of the boundary of the Conservation Area; or (C) lower than 500 feet over the western segments of the boundary of the Conservation Area. (4) Reversion \nIf the County ceases to use any of the land described in subsection (d) for the purpose described in paragraph (1)(A) and under the conditions stated in paragraphs (2) and (3)— (A) title to the parcel shall revert to the United States, at the option of the United States; and (B) the County shall be responsible for any reclamation necessary to revert the parcel to the United States. (g) Administrative costs \nThe Secretary shall require, as a condition of the conveyance under subsection (d), that the County pay the administrative costs of the conveyance, including survey costs and any other costs associated with the transfer of title.", "id": "HD4EFAB6E0B4C4B48B5E2DDEF162B9DE", "header": "Conveyance of property to clark County, Nevada", "nested": [ { "text": "(a) Findings \nCongress finds that— (1) the Las Vegas Valley in the State of Nevada is the fastest growing community in the United States; (2) helicopter tour operations are conflicting with the needs of long-established residential communities in the Valley; and (3) the designation of a public heliport in the Valley that would reduce conflicts between helicopter tour operators and residential communities is in the public interest.", "id": "H3DFAA1F295CA4603B3205DFC5B2C565", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Purpose \nThe purpose of this Act is to provide a suitable location for the establishment of a commercial service heliport facility to serve the Las Vegas Valley in the State of Nevada while minimizing and mitigating the impact of air tours on the Sloan Canyon National Conservation Area and North McCullough Mountains Wilderness.", "id": "HBD4D4E506DA447F98FBFFB1DBE1780A9", "header": "Purpose", "nested": [], "links": [] }, { "text": "(c) Definitions \nIn this Act: (1) Conservation Area \nThe term Conservation Area means the Sloan Canyon National Conservation Area established by section 604(a) of the Clark County Conservation of Public Land and Natural Resources Act of 2002 (116 Stat. 2010). (2) County \nThe term County means Clark County, Nevada. (3) Helicopter tour \n(A) In general \nThe term helicopter tour means a commercial helicopter tour operated for profit. (B) Exclusion \nThe term helicopter tour does not include a helicopter tour that is carried out to assist a Federal, State, or local agency. (4) Secretary \nThe term Secretary means the Secretary of the Interior. (5) Wilderness \nThe term Wilderness means the North McCullough Mountains Wilderness established by section 202(a)(13) of the Clark County Conservation of Public Land and Natural Resources Act of 2002 (116 Stat. 2000).", "id": "HF1BDD6B4D0F64082A34851E81592EA82", "header": "Definitions", "nested": [], "links": [] }, { "text": "(d) Conveyance \nAs soon as practicable after the date of enactment of this Act, the Secretary shall convey to the County, subject to valid existing rights, for no consideration, all right, title, and interest of the United States in and to the parcel of land described in subsection (e).", "id": "HEE309927D611493A82F318D6D1D07B00", "header": "Conveyance", "nested": [], "links": [] }, { "text": "(e) Description of land \nThe parcel of land to be conveyed under subsection (d) is the parcel of approximately 229 acres of land depicted as tract A on the map entitled Clark County Public Heliport Facility and dated May 3, 2004.", "id": "H61ADD37F5A5847E08CEDA3AE5E00712B", "header": "Description of land", "nested": [], "links": [] }, { "text": "(f) Use of land \n(1) In general \nThe parcel of land conveyed under subsection (d)— (A) shall be used by the County for the operation of a heliport facility under the conditions stated in paragraphs (2) and (3); and (B) shall not be disposed of by the County. (2) Imposition of fees \n(A) In general \nAny operator of a helicopter tour originating from or concluding at the parcel of land described in subsection (e) shall pay to the Clark County Department of Aviation a $3 conservation fee for each passenger on the helicopter tour if any portion of the helicopter tour occurs over the Conservation Area. (B) Disposition of funds \nAny amounts collected under subparagraph (A) shall be deposited in a special account in the Treasury of the United States, which shall be available to the Secretary, without further appropriation, for the management of cultural, wildlife, and wilderness resources on public land in the State of Nevada. (3) Flight path \nExcept for safety reasons, any helicopter tour originating or concluding at the parcel of land described in subsection (e) that flies over the Conservation Area shall not fly— (A) over any area in the Conservation Area except the area that is between 3 and 5 miles north of the latitude of the southernmost boundary of the Conservation Area; (B) lower than 1,000 feet over the eastern segments of the boundary of the Conservation Area; or (C) lower than 500 feet over the western segments of the boundary of the Conservation Area. (4) Reversion \nIf the County ceases to use any of the land described in subsection (d) for the purpose described in paragraph (1)(A) and under the conditions stated in paragraphs (2) and (3)— (A) title to the parcel shall revert to the United States, at the option of the United States; and (B) the County shall be responsible for any reclamation necessary to revert the parcel to the United States.", "id": "H762FF543B8C744F58C661C33AD875E8", "header": "Use of land", "nested": [], "links": [] }, { "text": "(g) Administrative costs \nThe Secretary shall require, as a condition of the conveyance under subsection (d), that the County pay the administrative costs of the conveyance, including survey costs and any other costs associated with the transfer of title.", "id": "H1BB3E1406EE6437BA6E7009188AAC325", "header": "Administrative costs", "nested": [], "links": [] } ], "links": [] } ]

[ "Natural Resources Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Fatal Grade Crossing Accident Investigations Act.", "id": "H636D0AB1A0A74020A2B7E897A7732000", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Grade crossing accidents \nSection 1131(a)(1)(C) of title 49, United States Code, is amended by inserting , including a railroad grade crossing accident, after railroad accident.", "id": "HBB295134021B424B94B7666B87E5D142", "header": "Grade crossing accidents", "nested": [], "links": [ { "text": "Section 1131(a)(1)(C)", "legal-doc": "usc", "parsable-cite": "usc/49/1131" } ] } ]

[ "Transportation and Infrastructure Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H2EC57DB3831F49B6ABAFEB42153C00BF", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Improving fairness of payments to providers under the Medicare fee-for-service program \nTitle XVIII of the Social Security Act , as amended by section 1016 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 section: 1898. Improving fairness of payments under the original Medicare fee-for-service program \n(a) Establishment of system \nNotwithstanding any other provision of law, the Secretary shall establish a system for making adjustments to the amount of payment made to providers of services and health care professionals for services provided under the original medicare fee-for-service program under parts A and B. (b) System requirements \n(1) Adjustments \nUnder the system described in subsection (a), the Secretary (beginning in fiscal year 2005 or calendar year 2005, as the Secretary determines appropriate for the type of services involved) shall make the following adjustments: (A) States above national average \nSubject to subparagraph (C), if a State average per beneficiary amount, but for the application of this section, for a year is greater than 100 percent of the national average per beneficiary amount for such year, then the Secretary shall reduce the amount of applicable payments in such a manner as will result (as estimated by the Secretary) in the State average per beneficiary amount for the subsequent year being at 100 percent of the national average per beneficiary amount for such subsequent year. (B) States below national average \nSubject to subparagraph (C), if such a State average per beneficiary amount for a year is less than 100 percent of the national average per beneficiary amount for such year, then the Secretary shall increase the amount of applicable payments in such a manner as will result (as estimated by the Secretary) in the State average per beneficiary amount for the subsequent year being at 100 percent of the national average per beneficiary amount for such subsequent year. (C) 3-year phase in \nIn applying this paragraph for— (i) fiscal year 2005 or calendar year 2005, the amount of any increase or decrease under subparagraph (A) or (B) shall be 25 percent of the amount of the increase or decrease otherwise provided; (ii) fiscal year 2006 or calendar year 2006, the amount of any increase or decrease under subparagraph (A) or (B) shall be 50 percent of the amount of the increase or decrease otherwise provided; and (iii) fiscal year 2007 or calendar year 2007, the amount of any increase or decrease under subparagraph (A) or (B) shall be 75 percent of the amount of the increase or decrease otherwise provided. (2) Determination of averages \n(A) State average per beneficiary amount \nEach year (beginning in 2004), the Secretary shall determine a State average per beneficiary amount for each State which shall be equal to the Secretary’s estimate of the average amount of expenditures under the original medicare fee-for-service program under parts A and B for the year for a beneficiary enrolled under such parts that resides in the State. (B) National average per beneficiary amount \nEach year (beginning in 2004), the Secretary shall determine the national average per beneficiary amount which shall be equal to the average of the State average per beneficiary amounts determined under subparagraph (B) for the year. (3) Applicable payments defined \nIn this section, the term applicable payments means payments made to providers of services and health care professionals for services provided under the original medicare fee-for-service program under parts A and B to beneficiaries enrolled under such parts that reside in the State. (c) Beneficiaries held harmless \nThe provisions of this section shall not effect— (1) the entitlement to items and services of a beneficiary under this title, including the scope of such items and services; or (2) any liability of the beneficiary with respect to such items and services. (d) Regulations \nThe Secretary, in consultation with the Medicare Payment Advisory Commission, shall promulgate regulations to carry out this section..", "id": "HFCDBFF48C7DD45AD87962105ACA2BA82", "header": "Improving fairness of payments to providers under the Medicare fee-for-service program", "nested": [], "links": [ { "text": "Public Law 108–173", "legal-doc": "public-law", "parsable-cite": "pl/108/173" } ] }, { "text": "1898. Improving fairness of payments under the original Medicare fee-for-service program \n(a) Establishment of system \nNotwithstanding any other provision of law, the Secretary shall establish a system for making adjustments to the amount of payment made to providers of services and health care professionals for services provided under the original medicare fee-for-service program under parts A and B. (b) System requirements \n(1) Adjustments \nUnder the system described in subsection (a), the Secretary (beginning in fiscal year 2005 or calendar year 2005, as the Secretary determines appropriate for the type of services involved) shall make the following adjustments: (A) States above national average \nSubject to subparagraph (C), if a State average per beneficiary amount, but for the application of this section, for a year is greater than 100 percent of the national average per beneficiary amount for such year, then the Secretary shall reduce the amount of applicable payments in such a manner as will result (as estimated by the Secretary) in the State average per beneficiary amount for the subsequent year being at 100 percent of the national average per beneficiary amount for such subsequent year. (B) States below national average \nSubject to subparagraph (C), if such a State average per beneficiary amount for a year is less than 100 percent of the national average per beneficiary amount for such year, then the Secretary shall increase the amount of applicable payments in such a manner as will result (as estimated by the Secretary) in the State average per beneficiary amount for the subsequent year being at 100 percent of the national average per beneficiary amount for such subsequent year. (C) 3-year phase in \nIn applying this paragraph for— (i) fiscal year 2005 or calendar year 2005, the amount of any increase or decrease under subparagraph (A) or (B) shall be 25 percent of the amount of the increase or decrease otherwise provided; (ii) fiscal year 2006 or calendar year 2006, the amount of any increase or decrease under subparagraph (A) or (B) shall be 50 percent of the amount of the increase or decrease otherwise provided; and (iii) fiscal year 2007 or calendar year 2007, the amount of any increase or decrease under subparagraph (A) or (B) shall be 75 percent of the amount of the increase or decrease otherwise provided. (2) Determination of averages \n(A) State average per beneficiary amount \nEach year (beginning in 2004), the Secretary shall determine a State average per beneficiary amount for each State which shall be equal to the Secretary’s estimate of the average amount of expenditures under the original medicare fee-for-service program under parts A and B for the year for a beneficiary enrolled under such parts that resides in the State. (B) National average per beneficiary amount \nEach year (beginning in 2004), the Secretary shall determine the national average per beneficiary amount which shall be equal to the average of the State average per beneficiary amounts determined under subparagraph (B) for the year. (3) Applicable payments defined \nIn this section, the term applicable payments means payments made to providers of services and health care professionals for services provided under the original medicare fee-for-service program under parts A and B to beneficiaries enrolled under such parts that reside in the State. (c) Beneficiaries held harmless \nThe provisions of this section shall not effect— (1) the entitlement to items and services of a beneficiary under this title, including the scope of such items and services; or (2) any liability of the beneficiary with respect to such items and services. (d) Regulations \nThe Secretary, in consultation with the Medicare Payment Advisory Commission, shall promulgate regulations to carry out this section.", "id": "H7E7A39C6362E4AF6B2E12B004CBEDF95", "header": "Improving fairness of payments under the original Medicare fee-for-service program", "nested": [ { "text": "(a) Establishment of system \nNotwithstanding any other provision of law, the Secretary shall establish a system for making adjustments to the amount of payment made to providers of services and health care professionals for services provided under the original medicare fee-for-service program under parts A and B.", "id": "H61BC494F6EAF4EA8891229287ED16B85", "header": "Establishment of system", "nested": [], "links": [] }, { "text": "(b) System requirements \n(1) Adjustments \nUnder the system described in subsection (a), the Secretary (beginning in fiscal year 2005 or calendar year 2005, as the Secretary determines appropriate for the type of services involved) shall make the following adjustments: (A) States above national average \nSubject to subparagraph (C), if a State average per beneficiary amount, but for the application of this section, for a year is greater than 100 percent of the national average per beneficiary amount for such year, then the Secretary shall reduce the amount of applicable payments in such a manner as will result (as estimated by the Secretary) in the State average per beneficiary amount for the subsequent year being at 100 percent of the national average per beneficiary amount for such subsequent year. (B) States below national average \nSubject to subparagraph (C), if such a State average per beneficiary amount for a year is less than 100 percent of the national average per beneficiary amount for such year, then the Secretary shall increase the amount of applicable payments in such a manner as will result (as estimated by the Secretary) in the State average per beneficiary amount for the subsequent year being at 100 percent of the national average per beneficiary amount for such subsequent year. (C) 3-year phase in \nIn applying this paragraph for— (i) fiscal year 2005 or calendar year 2005, the amount of any increase or decrease under subparagraph (A) or (B) shall be 25 percent of the amount of the increase or decrease otherwise provided; (ii) fiscal year 2006 or calendar year 2006, the amount of any increase or decrease under subparagraph (A) or (B) shall be 50 percent of the amount of the increase or decrease otherwise provided; and (iii) fiscal year 2007 or calendar year 2007, the amount of any increase or decrease under subparagraph (A) or (B) shall be 75 percent of the amount of the increase or decrease otherwise provided. (2) Determination of averages \n(A) State average per beneficiary amount \nEach year (beginning in 2004), the Secretary shall determine a State average per beneficiary amount for each State which shall be equal to the Secretary’s estimate of the average amount of expenditures under the original medicare fee-for-service program under parts A and B for the year for a beneficiary enrolled under such parts that resides in the State. (B) National average per beneficiary amount \nEach year (beginning in 2004), the Secretary shall determine the national average per beneficiary amount which shall be equal to the average of the State average per beneficiary amounts determined under subparagraph (B) for the year. (3) Applicable payments defined \nIn this section, the term applicable payments means payments made to providers of services and health care professionals for services provided under the original medicare fee-for-service program under parts A and B to beneficiaries enrolled under such parts that reside in the State.", "id": "H8C612A9E55F14DBF931B12C8E8FFEB2", "header": "System requirements", "nested": [], "links": [] }, { "text": "(c) Beneficiaries held harmless \nThe provisions of this section shall not effect— (1) the entitlement to items and services of a beneficiary under this title, including the scope of such items and services; or (2) any liability of the beneficiary with respect to such items and services.", "id": "H640013ADC95C4B889693415FABFCC658", "header": "Beneficiaries held harmless", "nested": [], "links": [] }, { "text": "(d) Regulations \nThe Secretary, in consultation with the Medicare Payment Advisory Commission, shall promulgate regulations to carry out this section.", "id": "H729937775B6B47EF83F706486110FB44", "header": "Regulations", "nested": [], "links": [] } ], "links": [] } ]

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

[ { "text": "1. Negligently allowing gender-motivated violence \nAn employer— (1) whose business is in or affects interstate or foreign commerce; and (2) whose negligent conduct results in a person’s (including a person who acts under color of statute, ordinance, regulation, custom, or usage of any State) committing a crime of violence motivated by gender against another person on premises under the control of the employer; shall be liable to the party injured, in an action for the recovery of compensatory and punitive damages, injunctive and declaratory relief, and such other relief as a court may deem appropriate.", "id": "HECB5B659B03B45D3B0CD6E2C79BEF504", "header": "Negligently allowing gender-motivated violence", "nested": [], "links": [] }, { "text": "2. Definitions \nAs used in this Act— (1) the term crime of violence motivated by gender means a crime of violence committed because of gender or on the basis of gender; and (2) the term crime of violence — (A) means an act or series of acts that would constitute a crime, for which imprisonment of more than one year may be imposed, against the person of another if that crime is a crime of violence as defined in section 16 of title 18, United States Code; and (B) includes any conduct that would constitute a crime described in subparagraph (A) but for the relationship between the person engaging in that conduct and the individual against whom such conduct is directed.", "id": "H7B6EC5207CFB4C01B863C5D32B4C2672", "header": "Definitions", "nested": [], "links": [ { "text": "section 16", "legal-doc": "usc", "parsable-cite": "usc/18/16" } ] }, { "text": "3. Limitation and procedure \n(a) Limitation \nNothing in this Act entitles a person to a cause of action under section 1 for random acts of violence unrelated to gender or for acts that cannot be demonstrated, by a preponderance of the evidence, to be motivated by gender. (b) No prior criminal action \nNothing in this section requires a prior criminal complaint, prosecution, or conviction to establish the elements of a cause of action under section 1. (c) Concurrent jurisdiction \nThe Federal and State courts shall have concurrent jurisdiction over actions brought pursuant to this Act.", "id": "H17F7B2250288495384CB63670A273EB", "header": "Limitation and procedure", "nested": [ { "text": "(a) Limitation \nNothing in this Act entitles a person to a cause of action under section 1 for random acts of violence unrelated to gender or for acts that cannot be demonstrated, by a preponderance of the evidence, to be motivated by gender.", "id": "H352EDF956AB2477181296E235C70FF7B", "header": "Limitation", "nested": [], "links": [] }, { "text": "(b) No prior criminal action \nNothing in this section requires a prior criminal complaint, prosecution, or conviction to establish the elements of a cause of action under section 1.", "id": "H58FF5D1801114067826CED797BA100AE", "header": "No prior criminal action", "nested": [], "links": [] }, { "text": "(c) Concurrent jurisdiction \nThe Federal and State courts shall have concurrent jurisdiction over actions brought pursuant to this Act.", "id": "H01DACE71A70F42AC8D6F53FAC06344A", "header": "Concurrent jurisdiction", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Materials to assist employers \nThe Equal Employment Opportunity Commission shall create and provide materials to employers regarding personnel policies and safety standards to assist employers in avoiding liability under this Act.", "id": "H2A176910C41340A993C14265005F4274", "header": "Materials to assist employers", "nested": [], "links": [] } ]

[ "Education and the Workforce Committee", "Judiciary Committee" ]

[ { "text": "1. Extension of normal trade relations to Laos \n(a) Findings \nCongress finds that— (1) the Lao People's Democratic Republic is pursuing a broad policy of adopting market-based reforms to enhance its economic competitiveness and achieve an attractive climate for investment; (2) extension of normal trade relations treatment would assist the Lao People's Democratic Republic in developing its economy based on free market principles and becoming competitive in the global marketplace; (3) establishing normal commercial relations on a reciprocal basis with the Lao People's Democratic Republic will promote United States exports to the rapidly growing southeast Asian region and expand opportunities for United States business and investment in the Lao People's Democratic Republic economy; (4) United States and Laotian commercial interests would benefit from the bilateral trade agreement between the United States and the Lao People's Democratic Republic, signed in 2003, providing for market access and the protection of intellectual property rights; (5) the Lao People's Democratic Republic has taken cooperative steps with the United States in the global war on terrorism, combating the trafficking of narcotics, and the accounting for American servicemen and civilians still missing from the Vietnam war; and (6) expanding bilateral trade relations that include a commercial agreement may promote further progress by the Lao People's Democratic Republic on human rights, religious tolerance, democratic rule, and transparency, and assist that country in adopting regional and world trading rules and principles. (b) Extension of nondiscriminatory treatment to the products of the Lao People's Democratic Republic \n(1) Harmonized Tariff Schedule amendment \nGeneral note 3(b) of the Harmonized Tariff Schedule of the United States is amended by striking Laos. (2) Effective date \nThe amendment made by paragraph (1) applies with respect to goods entered, or withdrawn from warehouse for consumption, on or after the effective date of a notice published in the Federal Register by the United States Trade Representative that a trade agreement obligating reciprocal most-favored-nation treatment between the Lao People's Democratic Republic and the United States has entered into force.", "id": "H001123B389244708B78200693C34928E", "header": "Extension of normal trade relations to Laos", "nested": [ { "text": "(a) Findings \nCongress finds that— (1) the Lao People's Democratic Republic is pursuing a broad policy of adopting market-based reforms to enhance its economic competitiveness and achieve an attractive climate for investment; (2) extension of normal trade relations treatment would assist the Lao People's Democratic Republic in developing its economy based on free market principles and becoming competitive in the global marketplace; (3) establishing normal commercial relations on a reciprocal basis with the Lao People's Democratic Republic will promote United States exports to the rapidly growing southeast Asian region and expand opportunities for United States business and investment in the Lao People's Democratic Republic economy; (4) United States and Laotian commercial interests would benefit from the bilateral trade agreement between the United States and the Lao People's Democratic Republic, signed in 2003, providing for market access and the protection of intellectual property rights; (5) the Lao People's Democratic Republic has taken cooperative steps with the United States in the global war on terrorism, combating the trafficking of narcotics, and the accounting for American servicemen and civilians still missing from the Vietnam war; and (6) expanding bilateral trade relations that include a commercial agreement may promote further progress by the Lao People's Democratic Republic on human rights, religious tolerance, democratic rule, and transparency, and assist that country in adopting regional and world trading rules and principles.", "id": "H055CE12268B340AC93EDB85B73D4301", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Extension of nondiscriminatory treatment to the products of the Lao People's Democratic Republic \n(1) Harmonized Tariff Schedule amendment \nGeneral note 3(b) of the Harmonized Tariff Schedule of the United States is amended by striking Laos. (2) Effective date \nThe amendment made by paragraph (1) applies with respect to goods entered, or withdrawn from warehouse for consumption, on or after the effective date of a notice published in the Federal Register by the United States Trade Representative that a trade agreement obligating reciprocal most-favored-nation treatment between the Lao People's Democratic Republic and the United States has entered into force.", "id": "H7262133286224621B13F89FDA6D81CC", "header": "Extension of nondiscriminatory treatment to the products of the Lao People's Democratic Republic", "nested": [], "links": [] } ], "links": [] } ]

[ "Ways and Means Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Port of Lewiston Development Act of 2004.", "id": "H183848DA90F94A14A8C15DD19F61383E", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Extinguishment of reversionary interests and use restrictions \n(a) In general \nWith respect to each deed listed in subsection (b)— (1) the reversionary interests and use restrictions relating to industrial use purposes are extinguished; (2) the restriction that no activity shall be permitted that will compete with services and facilities offered by public marinas is extinguished; (3) the human habitation or other building structure use restriction is extinguished in each area in which the elevation is above the standard project flood elevation; and (4) the use of fill material to raise low areas above the standard project flood elevation is authorized, except in any low area constituting wetland for which a permit under section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 ) is required. (b) Affected deeds \nThe deeds referred to in subsection (a) are as follows: (1) Auditor's Instrument No. 399218 of Nez Perce County, Idaho—2.07 acres. (2) Auditor's Instrument No. 487437 and 399341 of Nez Perce County, Idaho—7.32 acres. (c) No effect of other rights \nNothing in this section affects the remaining rights and interests of the Corps of Engineers for authorized project purposes.", "id": "HD15410E3D7564BD1AAC7D899457CCD13", "header": "Extinguishment of reversionary interests and use restrictions", "nested": [ { "text": "(a) In general \nWith respect to each deed listed in subsection (b)— (1) the reversionary interests and use restrictions relating to industrial use purposes are extinguished; (2) the restriction that no activity shall be permitted that will compete with services and facilities offered by public marinas is extinguished; (3) the human habitation or other building structure use restriction is extinguished in each area in which the elevation is above the standard project flood elevation; and (4) the use of fill material to raise low areas above the standard project flood elevation is authorized, except in any low area constituting wetland for which a permit under section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 ) is required.", "id": "HFD388A231D3E411E8F8515002CB3538", "header": "In general", "nested": [], "links": [ { "text": "33 U.S.C. 1344", "legal-doc": "usc", "parsable-cite": "usc/33/1344" } ] }, { "text": "(b) Affected deeds \nThe deeds referred to in subsection (a) are as follows: (1) Auditor's Instrument No. 399218 of Nez Perce County, Idaho—2.07 acres. (2) Auditor's Instrument No. 487437 and 399341 of Nez Perce County, Idaho—7.32 acres.", "id": "H31FA346F89D94493001F413F57686FA5", "header": "Affected deeds", "nested": [], "links": [] }, { "text": "(c) No effect of other rights \nNothing in this section affects the remaining rights and interests of the Corps of Engineers for authorized project purposes.", "id": "H3E28D6A07D5D4CFFA32B25C76DFC08C5", "header": "No effect of other rights", "nested": [], "links": [] } ], "links": [ { "text": "33 U.S.C. 1344", "legal-doc": "usc", "parsable-cite": "usc/33/1344" } ] } ]

[ "Transportation and Infrastructure Committee" ]

[ { "text": "1. Suspension of duty on Methyl Salicylate \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: 9902.34.35 Methyl Salicylate (CAS No. 119-36-8) (provided for in subheading 2918.23.20) 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": "Suspension of duty on Methyl Salicylate", "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: 9902.34.35 Methyl Salicylate (CAS No. 119-36-8) (provided for in subheading 2918.23.20) 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 United Nations Oil-for-Food Accountability Act of 2004.", "id": "H7C040653CA96402E88B3F4305D00E288", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds the following: (1) Allegations have been raised of substantial fraud and corruption in the administration of the Office of the Iraq Oil-for-Food Program of the United Nations. (2) The United Nations received 2.2 percent of the proceeds of the sale of the oil exported from Iraq under the oil-for-food program, representing approximately $1,400,000,000, to fund the administrative costs of the program. (3) The General Accounting Office estimates that during the period from 1997 through 2002, the former Iraqi regime received $10,100,000,000 in illegal revenues from the oil-for-food program, including $5,700,000,000 received from oil smuggled out of Iraq and $4,400,000,000 received from surcharges on oil sales and illicit commissions from suppliers exporting goods to Iraq. (4) Any illicit activity by United Nations officials, personnel, agents, or contractors, including entities that have entered into contracts under the oil-for-food program, is unacceptable and should be thoroughly investigated. (5) Documents in the files of the former Oil Ministry of Iraq indicate that Benon Sevan, the Executive Director of the oil-for-food program, and other senior United Nations officials may have been connected to an illicit scheme in which approximately 270 prominent foreign officials, business people, and political entities received the right to trade in Iraqi oil at below-market prices. (6) On April 21, 2004, the United Nations Security Council adopted Resolution 1538, which established a high-level inquiry into allegations regarding the administration of the oil-for-food program. The inquiry will be led by Paul Volcker, but the investigators will not have subpoena power. (7) The ability and credibility of the United Nations Security Council to act in matters of war and peace is threatened by the alleged influence of politically connected individuals, companies, and institutions of the permanent member states who received Iraqi oil contracts. (8) The ability and credibility of the United Nations to convey legitimacy to the new Government of Iraq and assist in the reconstruction of postwar Iraq is hampered by these allegations of United Nations corruption and mismanagement in the oil-for-food program.", "id": "H2142B336DCDA4BA2AE052BDECA29D289", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Oil-for-food program defined \nIn this Act, the 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.", "id": "HDC64835651884ECAAC3900F3D7F6F3E", "header": "Oil-for-food program defined", "nested": [], "links": [] }, { "text": "4. Payment of United States contributions for United Nations regular budget contingent upon Presidential certification of United Nations cooperation \n(a) Withholding of portion of assessed contributions \nUntil the President submits to Congress a certification that satisfies the requirements described in subsection (b), amounts shall be withheld from amounts appropriated for contributions to international organizations as follows: (1) Of the funds appropriated for contributions to international organizations in an Act making appropriations for fiscal year 2005, 10 percent of the amount available for United States assessed contributions to the regular budget of the United Nations for such fiscal year. (2) Of the funds appropriated for contributions to international organizations in an Act making appropriations for fiscal year 2006, 20 percent of the amount available for United States assessed contributions to the regular budget of the United Nations for such fiscal year. (b) Certification \nThe certification referred to in subsection (a) is a certification made by the President to Congress that— (1) the United Nations has in effect procedures that provide the General Accounting Office access to all documents relating to the oil-for-food program so that the Comptroller General may perform nationally mandated reviews of United Nations operations; (2) the United Nations Secretary General has formally confirmed that the United Nations will not assert the inviolability of United Nations papers and internal records that concern the oil-for-food program or a sanction imposed on Iraq related to the oil-for-food program; (3) the United Nations Secretary General has authorized the release to the law enforcement authorities of any member state of the United Nations authentic copies of any document in the possession of the United Nations, including any document in the possession of a person who was engaged on a contract basis to provide goods or services to the United Nations, that in the judgment of the requesting authority directly or indirectly concerns the oil-for-food program or a sanction imposed on Iraq related to the oil-for-food program upon request by such law enforcement authority; (4) the United Nations has waived any immunity enjoyed by any United Nations official from the judicial process in the United States for any civil or criminal acts or omissions under Federal or State law that may have transpired within the jurisdiction of the United States in connection with the oil-for-food program; and (5) any United Nations official who benefitted financially from the oil-for-food program has reimbursed the Government of Iraq and any other entity affected by the illicit activity of such official the full amount that such official improperly received from the oil-for-food program.", "id": "HBF078EA4E09642F4AD8B02B24968198C", "header": "Payment of United States contributions for United Nations regular budget contingent upon Presidential certification of United Nations cooperation", "nested": [ { "text": "(a) Withholding of portion of assessed contributions \nUntil the President submits to Congress a certification that satisfies the requirements described in subsection (b), amounts shall be withheld from amounts appropriated for contributions to international organizations as follows: (1) Of the funds appropriated for contributions to international organizations in an Act making appropriations for fiscal year 2005, 10 percent of the amount available for United States assessed contributions to the regular budget of the United Nations for such fiscal year. (2) Of the funds appropriated for contributions to international organizations in an Act making appropriations for fiscal year 2006, 20 percent of the amount available for United States assessed contributions to the regular budget of the United Nations for such fiscal year.", "id": "H1A2EC1C6FE394321A85C2CDF8030AAC9", "header": "Withholding of portion of assessed contributions", "nested": [], "links": [] }, { "text": "(b) Certification \nThe certification referred to in subsection (a) is a certification made by the President to Congress that— (1) the United Nations has in effect procedures that provide the General Accounting Office access to all documents relating to the oil-for-food program so that the Comptroller General may perform nationally mandated reviews of United Nations operations; (2) the United Nations Secretary General has formally confirmed that the United Nations will not assert the inviolability of United Nations papers and internal records that concern the oil-for-food program or a sanction imposed on Iraq related to the oil-for-food program; (3) the United Nations Secretary General has authorized the release to the law enforcement authorities of any member state of the United Nations authentic copies of any document in the possession of the United Nations, including any document in the possession of a person who was engaged on a contract basis to provide goods or services to the United Nations, that in the judgment of the requesting authority directly or indirectly concerns the oil-for-food program or a sanction imposed on Iraq related to the oil-for-food program upon request by such law enforcement authority; (4) the United Nations has waived any immunity enjoyed by any United Nations official from the judicial process in the United States for any civil or criminal acts or omissions under Federal or State law that may have transpired within the jurisdiction of the United States in connection with the oil-for-food program; and (5) any United Nations official who benefitted financially from the oil-for-food program has reimbursed the Government of Iraq and any other entity affected by the illicit activity of such official the full amount that such official improperly received from the oil-for-food program.", "id": "H995592C55A16471194B27742B7531E2B", "header": "Certification", "nested": [], "links": [] } ], "links": [] } ]

[ "Foreign Affairs Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Energy Independence for a Strong America Act of 2004.", "id": "H1104C6BBDE42410283CE00D39D2FC3C0", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Lease sale required \nThe Secretary of the Interior shall, as soon as practicable after the date of the enactment of this Act and under section 8 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337 ), conduct a sale of oil and gas leases on all submerged lands of the outer Continental Shelf in the Eastern Gulf of Mexico that— (1) are depicted as Leased or Deferred—Not Offered on the Minerals Management Service document entitled Eastern Gulf of Mexico Lease Sale 181, December 2001 Lease Terms, Economic Conditions, Stipulations, and Deferred Blocks for the FINAL NOTICE OF SALE 181 ; and (2) are not subject to a lease under that section.", "id": "HFBC27B39DDF64ACF8B2940A032B515D", "header": "Lease sale required", "nested": [], "links": [ { "text": "43 U.S.C. 1337", "legal-doc": "usc", "parsable-cite": "usc/43/1337" } ] } ]

[ "Natural Resources Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Tools for Community Initiatives Act.", "id": "HF8A19FE155D84E1D90508842E38E65DE", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Establishment \nThere is established in the Executive Office of the President the Office of Faith-Based and Community Initiatives (hereafter referred to as the Office ).", "id": "H3D63643691FE49C1A009F2FC2D3F93", "header": "Establishment", "nested": [], "links": [] }, { "text": "3. Director \n(a) Director \nThe head of the Office shall be the Director of the Office of Faith-Based and Community Initiatives, who shall be appointed by the President. (b) Pay of Director \nSection 5314 of title 5, United States Code, is amended by inserting after the item relating to the Administrator of the Centers for Medicare & Medicaid Services the following new item: Director of the Office of Faith-Based and Community Initiatives.. (c) Interim Director \nThe individual serving as the Director of the Office of Faith-Based and Community Initiatives on the date of the enactment of this Act may serve as Interim Director until such time as a Director is appointed by the President in accordance with subsection (a).", "id": "H83BCC54886B046C5A47FB45CE1BDBC3F", "header": "Director", "nested": [ { "text": "(a) Director \nThe head of the Office shall be the Director of the Office of Faith-Based and Community Initiatives, who shall be appointed by the President.", "id": "HA270CFB9DD5445FBBBC743E60022739B", "header": "Director", "nested": [], "links": [] }, { "text": "(b) Pay of Director \nSection 5314 of title 5, United States Code, is amended by inserting after the item relating to the Administrator of the Centers for Medicare & Medicaid Services the following new item: Director of the Office of Faith-Based and Community Initiatives..", "id": "H370E66A0AEE7430DA3F799D2E20039B5", "header": "Pay of Director", "nested": [], "links": [ { "text": "Section 5314", "legal-doc": "usc", "parsable-cite": "usc/5/5314" } ] }, { "text": "(c) Interim Director \nThe individual serving as the Director of the Office of Faith-Based and Community Initiatives on the date of the enactment of this Act may serve as Interim Director until such time as a Director is appointed by the President in accordance with subsection (a).", "id": "H5761CF8AEB834ED79274BA2EDD253E4E", "header": "Interim Director", "nested": [], "links": [] } ], "links": [ { "text": "Section 5314", "legal-doc": "usc", "parsable-cite": "usc/5/5314" } ] }, { "text": "4. Responsibilities \n(a) In general \nThe Director shall encourage faith-based and community initiatives and work to eliminate improper Federal barriers so as to allow faith-based and community entities to compete for Federal funding to the fullest opportunity permitted by law. (b) Specific duties \nIn carrying out the responsibilities of the Office, the Director shall— (1) develop, lead, and coordinate policies with respect to faith-based and community initiatives; (2) support faith-based and community initiatives, especially those serving at-risk youth, ex-offenders, the homeless and hungry, substance abusers, those with HIV and AIDS, and welfare-to-work families; (3) work to expand the role of faith-based and community initiatives through executive action, legislation, regulation, and Federal and private funding; (4) ensure that the policy decisions made by the administration and the Federal Government are consistent with stated goals with respect to faith-based and community initiatives; (5) help to integrate policies affecting faith-based and other community organizations across the Federal Government; (6) coordinate public education activities designed to mobilize public support for faith-based and community initiatives by encouraging volunteerism, special projects, demonstration pilots, and public-private partnerships; (7) encourage private charitable giving to support faith-based and community initiatives; (8) advise the President on options and ideas to assist, strengthen, and replicate successful faith-based and community initiatives; (9) provide policy and legal education to State, local, and community policymakers and public officials seeking ways to support and encourage faith-based and community initiatives; (10) develop and implement strategic initiatives in keeping with policies that will strengthen families, communities, and the institutions of civil society; (11) showcase and herald innovative grassroots nonprofit organizations and civic initiatives; (12) work to eliminate unnecessary legislative and regulatory barriers which impede the efforts of faith-based and community initiatives to solve social problems; (13) monitor the implementation of policies with respect to faith-based and community initiatives by the Centers for Faith-Based and Community Initiatives established within certain departments and agencies of the Federal Government; and (14) work to establish high standards of excellence and accountability for faith-based and community initiatives.", "id": "H0F9BFA358A2E4B98B3241525705D4D00", "header": "Responsibilities", "nested": [ { "text": "(a) In general \nThe Director shall encourage faith-based and community initiatives and work to eliminate improper Federal barriers so as to allow faith-based and community entities to compete for Federal funding to the fullest opportunity permitted by law.", "id": "HEE3E832A40894416A6C7D66D2D5F9FB5", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Specific duties \nIn carrying out the responsibilities of the Office, the Director shall— (1) develop, lead, and coordinate policies with respect to faith-based and community initiatives; (2) support faith-based and community initiatives, especially those serving at-risk youth, ex-offenders, the homeless and hungry, substance abusers, those with HIV and AIDS, and welfare-to-work families; (3) work to expand the role of faith-based and community initiatives through executive action, legislation, regulation, and Federal and private funding; (4) ensure that the policy decisions made by the administration and the Federal Government are consistent with stated goals with respect to faith-based and community initiatives; (5) help to integrate policies affecting faith-based and other community organizations across the Federal Government; (6) coordinate public education activities designed to mobilize public support for faith-based and community initiatives by encouraging volunteerism, special projects, demonstration pilots, and public-private partnerships; (7) encourage private charitable giving to support faith-based and community initiatives; (8) advise the President on options and ideas to assist, strengthen, and replicate successful faith-based and community initiatives; (9) provide policy and legal education to State, local, and community policymakers and public officials seeking ways to support and encourage faith-based and community initiatives; (10) develop and implement strategic initiatives in keeping with policies that will strengthen families, communities, and the institutions of civil society; (11) showcase and herald innovative grassroots nonprofit organizations and civic initiatives; (12) work to eliminate unnecessary legislative and regulatory barriers which impede the efforts of faith-based and community initiatives to solve social problems; (13) monitor the implementation of policies with respect to faith-based and community initiatives by the Centers for Faith-Based and Community Initiatives established within certain departments and agencies of the Federal Government; and (14) work to establish high standards of excellence and accountability for faith-based and community initiatives.", "id": "HC00A21022C2D4ABDAD04AAAA77D43F16", "header": "Specific duties", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Administration \n(a) Officers \nThe President shall assign to the Office such officers in addition to the Director, if any, as the President, in consultation with the Director, considers appropriate to discharge the responsibilities of the Office. (b) Staff \nThe Director may appoint such employees as necessary to carry out the functions of the Office. (c) Resources \nThe President shall, in consultation with the Director, assign or allocate to the Office such resources, including funds and other resources, as the President considers appropriate in order to facilitate the discharge of the responsibilities of the Office. (d) Other departments and agencies \n(1) Designated department or agency liaison \n(A) In general \nThe head of each designated department or agency shall designate a liaison who shall be responsible for coordinating the activities of that department or agency with the Office. (B) Designated department or agency \nFor the purposes of this paragraph, designated department or agency means a department or agency of the Federal Government with a Center for Faith-Based and Community Initiatives, and shall include the following departments and agencies: (i) The Department of Education. (ii) The Department of Labor. (iii) The Department of Justice. (iv) The Department of Health and Human Services. (v) The Department of Housing and Urban Development. (vi) The Department of Agriculture. (vii) The Agency for International Development. (viii) The Department of Commerce. (ix) The Department of Veterans Affairs. (x) The Small Business Administration. (2) Obtaining official data \nThe Office may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Director, the head of that department or agency shall furnish that information to the Office.", "id": "H6241C50D6BFE4390A56003EDF8514F49", "header": "Administration", "nested": [ { "text": "(a) Officers \nThe President shall assign to the Office such officers in addition to the Director, if any, as the President, in consultation with the Director, considers appropriate to discharge the responsibilities of the Office.", "id": "HEB84D23FB2F14012874EF8433CFFC6C5", "header": "Officers", "nested": [], "links": [] }, { "text": "(b) Staff \nThe Director may appoint such employees as necessary to carry out the functions of the Office.", "id": "HEF9F05DD44674FC2A6C27749571310BA", "header": "Staff", "nested": [], "links": [] }, { "text": "(c) Resources \nThe President shall, in consultation with the Director, assign or allocate to the Office such resources, including funds and other resources, as the President considers appropriate in order to facilitate the discharge of the responsibilities of the Office.", "id": "H8E8053B462F24E279B1DF78FBD28F916", "header": "Resources", "nested": [], "links": [] }, { "text": "(d) Other departments and agencies \n(1) Designated department or agency liaison \n(A) In general \nThe head of each designated department or agency shall designate a liaison who shall be responsible for coordinating the activities of that department or agency with the Office. (B) Designated department or agency \nFor the purposes of this paragraph, designated department or agency means a department or agency of the Federal Government with a Center for Faith-Based and Community Initiatives, and shall include the following departments and agencies: (i) The Department of Education. (ii) The Department of Labor. (iii) The Department of Justice. (iv) The Department of Health and Human Services. (v) The Department of Housing and Urban Development. (vi) The Department of Agriculture. (vii) The Agency for International Development. (viii) The Department of Commerce. (ix) The Department of Veterans Affairs. (x) The Small Business Administration. (2) Obtaining official data \nThe Office may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Director, the head of that department or agency shall furnish that information to the Office.", "id": "H7555EC8DFD284453B98E2FC544A300AC", "header": "Other departments and agencies", "nested": [], "links": [] } ], "links": [] } ]

[ "Oversight and Accountability Committee" ]

[ { "text": "1. Work opportunity credit, welfare-to-work credit, and research credit allowed against alternative minimum tax \n(a) In general \nSubsection (c) of section 38 of the Internal Revenue Code of 1986 (relating to limitation based on amount of tax) is amended by redesignating paragraph (4) as paragraph (7) and by inserting after paragraph (3) the following new paragraphs: (4) Special rules for work opportunity credit \n(A) In general \nIn the case of the work opportunity credit— (i) this section and section 39 shall be applied separately with respect to such credit, and (ii) in applying paragraph (1) to such credit— (I) subparagraph (A) shall not apply, and (II) the limitation under paragraph (1) (as modified by subclause (I)) shall be reduced by the credit allowed under subsection (a) for the taxable year (other than the work opportunity credit, the welfare-to-work credit, or the research credit). (B) Work opportunity credit \nFor purposes of this subsection, the term work opportunity credit means the credit allowable under subsection (a) by reason of section 51(a). (5) Special rules for welfare-to-work credit \n(A) In general \nIn the case of the welfare-to-work credit— (i) this section and section 39 shall be applied separately with respect to such credit, and (ii) in applying paragraph (1) to such credit— (I) subparagraph (A) shall not apply, and (II) the limitation under paragraph (1) (as modified by subclause (I)) shall be reduced by the credit allowed under subsection (a) for the taxable year (other than the welfare-to-work credit or the research credit). (B) Welfare-to-work credit \nFor purposes of this subsection, the term welfare-to-work credit means the credit allowable under subsection (a) by reason of section 51A(d)(2). (6) Special rules for research credit \n(A) In general \nIn the case of the research credit— (i) this section and section 39 shall be applied separately with respect to such credit, and (ii) in applying paragraph (1) to such credit— (I) subparagraph (A) shall not apply, and (II) the limitation under paragraph (1) (as modified by subclause (I)) shall be reduced by the credit allowed under subsection (a) for the taxable year (other than the research credit). (B) Research credit \nFor purposes of this subsection, the term research credit means the credit allowable under subsection (a) by reason of section 41.. (b) Conforming amendments \n(1) Subclause (II) of section 38(c)(2)(A)(ii) of such Code is amended— (A) by striking or after employment credit and inserting a comma, and (B) by inserting , the work opportunity credit, the welfare-to-work credit, or the research credit after employee credit. (2) Subclause (II) of section 38(c)(3)(A)(ii) of such Code is amended by inserting , the work opportunity credit, the welfare-to-work, or the research credit after employee credit. (c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2004.", "id": "H8886C1231C3D44C2B8E306962B007CA", "header": "Work opportunity credit, welfare-to-work credit, and research credit allowed against alternative minimum tax", "nested": [ { "text": "(a) In general \nSubsection (c) of section 38 of the Internal Revenue Code of 1986 (relating to limitation based on amount of tax) is amended by redesignating paragraph (4) as paragraph (7) and by inserting after paragraph (3) the following new paragraphs: (4) Special rules for work opportunity credit \n(A) In general \nIn the case of the work opportunity credit— (i) this section and section 39 shall be applied separately with respect to such credit, and (ii) in applying paragraph (1) to such credit— (I) subparagraph (A) shall not apply, and (II) the limitation under paragraph (1) (as modified by subclause (I)) shall be reduced by the credit allowed under subsection (a) for the taxable year (other than the work opportunity credit, the welfare-to-work credit, or the research credit). (B) Work opportunity credit \nFor purposes of this subsection, the term work opportunity credit means the credit allowable under subsection (a) by reason of section 51(a). (5) Special rules for welfare-to-work credit \n(A) In general \nIn the case of the welfare-to-work credit— (i) this section and section 39 shall be applied separately with respect to such credit, and (ii) in applying paragraph (1) to such credit— (I) subparagraph (A) shall not apply, and (II) the limitation under paragraph (1) (as modified by subclause (I)) shall be reduced by the credit allowed under subsection (a) for the taxable year (other than the welfare-to-work credit or the research credit). (B) Welfare-to-work credit \nFor purposes of this subsection, the term welfare-to-work credit means the credit allowable under subsection (a) by reason of section 51A(d)(2). (6) Special rules for research credit \n(A) In general \nIn the case of the research credit— (i) this section and section 39 shall be applied separately with respect to such credit, and (ii) in applying paragraph (1) to such credit— (I) subparagraph (A) shall not apply, and (II) the limitation under paragraph (1) (as modified by subclause (I)) shall be reduced by the credit allowed under subsection (a) for the taxable year (other than the research credit). (B) Research credit \nFor purposes of this subsection, the term research credit means the credit allowable under subsection (a) by reason of section 41..", "id": "HEFE2B3FEFC8E4BC085B0D36BCC204D87", "header": "In general", "nested": [], "links": [ { "text": "section 38", "legal-doc": "usc", "parsable-cite": "usc/26/38" } ] }, { "text": "(b) Conforming amendments \n(1) Subclause (II) of section 38(c)(2)(A)(ii) of such Code is amended— (A) by striking or after employment credit and inserting a comma, and (B) by inserting , the work opportunity credit, the welfare-to-work credit, or the research credit after employee credit. (2) Subclause (II) of section 38(c)(3)(A)(ii) of such Code is amended by inserting , the work opportunity credit, the welfare-to-work, or the research credit after employee credit.", "id": "HB73ACE5283E143B8BFE978246590FBEB", "header": "Conforming amendments", "nested": [], "links": [] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2004.", "id": "H3540C449623A4A6CBA8179EB92E496B5", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "section 38", "legal-doc": "usc", "parsable-cite": "usc/26/38" } ] } ]

[ "Ways and Means Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Liquefied Natural Gas Import Terminal Development Act of 2004.", "id": "H3454A2A058F0471FB670DDDA03F40058", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Terms and conditions for liquefied natural gas import terminals \n(a) Exportation or importation of natural gas \nSection 3 of the Natural Gas Act ( 15 U.S.C. 717b ) is amended to read as follows: 3. Exportation or importation of natural gas \n(a) Authorization order \nNo person shall export any natural gas from the United States to a foreign country or import any natural gas from a foreign country without first having secured an order of the Secretary of Energy authorizing such person to do so. The Secretary shall issue such order upon application, unless, after opportunity for hearing, the Secretary finds that the proposed exportation or importation will not be consistent with the public interest. The Secretary may by order grant such application, in whole or in part, with such modification and upon such terms and conditions as the Secretary may find necessary or appropriate, and may from time to time, after opportunity for hearing, and for good cause shown, make such supplemental order as the Secretary may find necessary or appropriate. (b) Free trade agreements and liquefied natural gas \nWith respect to natural gas which is imported into the United States from a nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas, and with respect to liquefied natural gas— (1) the importation of such natural gas shall be treated as a ‘first sale’ within the meaning of section 2(21) of the Natural Gas Policy Act of 1978; and (2) the Secretary of Energy shall not, on the basis of national origin, treat any such imported natural gas on an unjust, unreasonable, unduly discriminatory, or preferential basis. (c) Application and approval process \nFor purposes of subsection (a), the importation of the natural gas referred to in subsection (b), or the exportation of natural gas to a nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas, shall be deemed to be consistent with the public interest, and applications for such importation or exportation shall be granted without modification or delay. (d) Authorization for liquefied natural gas import terminals \n(1) No person shall site, construct, expand, or operate a liquefied natural gas import terminal without first having secured an order of the Federal Energy Regulatory Commission authorizing such person to do so. The Federal Energy Regulatory Commission shall issue such order upon application, unless, after opportunity for hearing, it finds that the proposed siting, construction, expansion, or operation will not be consistent with the public interest. The Federal Energy Regulatory Commission may by its order grant such application, in whole or in part, with such modification and upon such terms and conditions as the Federal Energy Regulatory Commission may find necessary or appropriate. (2) An order issued pursuant to paragraph (1) shall not be conditioned on— (A) a requirement that the liquefied natural gas import terminal offer service to persons other than the person securing the order; (B) any regulation of the liquefied natural gas import terminal’s rates, charges, terms, or conditions of service; or (C) a requirement to file with the Federal Energy Regulatory Commission schedules or contracts related to the liquefied natural gas import terminal’s rates, charges, terms, or conditions of service. (3) Except as otherwise provided by Federal law, no State or local government may require a permit, license, concurrence, approval, certificate, or other form of authorization with respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal. (4) Any decision made or action taken by a Federal administrative agency or officer (or State administrative agency or officer acting under delegated Federal authority) with respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal must be consistent with any authorization provided by the Federal Energy Regulatory Commission pursuant to this subsection with respect to the liquefied natural gas import terminal, and shall not prohibit or unreasonably delay the siting, construction, expansion, or operation. (5) Nothing in this subsection shall be construed to repeal or modify the authority under this section to authorize a person to import or export natural gas or to authorize facilities for the import or export of natural gas other than liquefied natural gas import terminals. (e) Schedule and administrative record \n(1) The Federal Energy Regulatory Commission shall approve or deny any application to site, construct, expand, or operate a liquefied natural gas import terminal under subsection (d) not later than 1 year after the application is complete. (2) With respect to each application under subsection (d), the Federal Energy Regulatory Commission shall establish a schedule for all Federal and State administrative proceedings commenced under authority of Federal law, the completion of which is required before a person may site, construct, expand, or operate the liquefied natural gas import terminal, in order to ensure expeditious progress toward such siting, construction, expansion, or operation. The schedule shall also include all Federal and State administrative proceedings authorized by Federal law for the siting, construction, expansion, and operation of natural gas pipelines and facilities related to the transportation of liquefied natural gas or natural gas from the liquefied natural gas import terminal. In establishing the schedule, the Federal Energy Regulatory Commission shall, to the extent practicable, accommodate the applicable schedules established by Federal law for such proceedings. If a Federal or State administrative agency or officer fails to complete a proceeding in accordance with the schedule established by the Federal Energy Regulatory Commission, the action of the Federal or State administrative agency or officer that is required before a person may site, construct, expand, or operate the liquefied natural gas import terminal shall be conclusively presumed and the siting, construction, expansion, or operation shall proceed without condition. (3) With respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal, the Federal Energy Regulatory Commission shall compile a single administrative record which shall consolidate the records of the proceedings referred to in paragraph (2). (4) Any Federal administrative proceeding that is an appeal or review of a decision made or action taken by a Federal administrative agency or officer (or State administrative agency or officer acting under delegated Federal authority) with respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal shall use as its exclusive record for all purposes the administrative record compiled by the Federal Energy Regulatory Commission under paragraph (3). (f) Judicial review \n(1) Except for review by the Supreme Court of the United States on writ of certiorari, the United States Court of Appeals for the District of Columbia Circuit shall have original and exclusive jurisdiction to hear and determine any civil action for review of a decision made or action taken by a Federal administrative agency or officer (or State administrative agency or officer acting under delegated Federal authority) with respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal. The civil action shall be filed not later than 60 days after the decision or action described in this paragraph. (2) If a civil action referred to in paragraph (1) is filed, the Federal Energy Regulatory Commission shall file in the United States Court of Appeals for the District of Columbia Circuit the single administrative record compiled under subsection (e)(3) with respect to the liquefied natural gas import terminal named in the civil action. (g) Lead agency \nWith respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal, the Federal Energy Regulatory Commission shall be the lead Federal agency for purposes of complying with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ).. (b) Definition \nSection 2 of the Natural Gas Act ( 15 U.S.C. 717a ) is amended by adding at the end the following new paragraph: (11) Liquefied natural gas import terminal includes all facilities located onshore or in State waters that are used to receive, unload, store, transport, gasify, or process liquefied natural gas that is imported to the United States from a foreign country, but does not include the tankers used to deliver liquefied natural gas to such facilities..", "id": "H9D375EF7C6C047CFB43F801EC94FBBA2", "header": "Terms and conditions for liquefied natural gas import terminals", "nested": [ { "text": "(a) Exportation or importation of natural gas \nSection 3 of the Natural Gas Act ( 15 U.S.C. 717b ) is amended to read as follows: 3. Exportation or importation of natural gas \n(a) Authorization order \nNo person shall export any natural gas from the United States to a foreign country or import any natural gas from a foreign country without first having secured an order of the Secretary of Energy authorizing such person to do so. The Secretary shall issue such order upon application, unless, after opportunity for hearing, the Secretary finds that the proposed exportation or importation will not be consistent with the public interest. The Secretary may by order grant such application, in whole or in part, with such modification and upon such terms and conditions as the Secretary may find necessary or appropriate, and may from time to time, after opportunity for hearing, and for good cause shown, make such supplemental order as the Secretary may find necessary or appropriate. (b) Free trade agreements and liquefied natural gas \nWith respect to natural gas which is imported into the United States from a nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas, and with respect to liquefied natural gas— (1) the importation of such natural gas shall be treated as a ‘first sale’ within the meaning of section 2(21) of the Natural Gas Policy Act of 1978; and (2) the Secretary of Energy shall not, on the basis of national origin, treat any such imported natural gas on an unjust, unreasonable, unduly discriminatory, or preferential basis. (c) Application and approval process \nFor purposes of subsection (a), the importation of the natural gas referred to in subsection (b), or the exportation of natural gas to a nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas, shall be deemed to be consistent with the public interest, and applications for such importation or exportation shall be granted without modification or delay. (d) Authorization for liquefied natural gas import terminals \n(1) No person shall site, construct, expand, or operate a liquefied natural gas import terminal without first having secured an order of the Federal Energy Regulatory Commission authorizing such person to do so. The Federal Energy Regulatory Commission shall issue such order upon application, unless, after opportunity for hearing, it finds that the proposed siting, construction, expansion, or operation will not be consistent with the public interest. The Federal Energy Regulatory Commission may by its order grant such application, in whole or in part, with such modification and upon such terms and conditions as the Federal Energy Regulatory Commission may find necessary or appropriate. (2) An order issued pursuant to paragraph (1) shall not be conditioned on— (A) a requirement that the liquefied natural gas import terminal offer service to persons other than the person securing the order; (B) any regulation of the liquefied natural gas import terminal’s rates, charges, terms, or conditions of service; or (C) a requirement to file with the Federal Energy Regulatory Commission schedules or contracts related to the liquefied natural gas import terminal’s rates, charges, terms, or conditions of service. (3) Except as otherwise provided by Federal law, no State or local government may require a permit, license, concurrence, approval, certificate, or other form of authorization with respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal. (4) Any decision made or action taken by a Federal administrative agency or officer (or State administrative agency or officer acting under delegated Federal authority) with respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal must be consistent with any authorization provided by the Federal Energy Regulatory Commission pursuant to this subsection with respect to the liquefied natural gas import terminal, and shall not prohibit or unreasonably delay the siting, construction, expansion, or operation. (5) Nothing in this subsection shall be construed to repeal or modify the authority under this section to authorize a person to import or export natural gas or to authorize facilities for the import or export of natural gas other than liquefied natural gas import terminals. (e) Schedule and administrative record \n(1) The Federal Energy Regulatory Commission shall approve or deny any application to site, construct, expand, or operate a liquefied natural gas import terminal under subsection (d) not later than 1 year after the application is complete. (2) With respect to each application under subsection (d), the Federal Energy Regulatory Commission shall establish a schedule for all Federal and State administrative proceedings commenced under authority of Federal law, the completion of which is required before a person may site, construct, expand, or operate the liquefied natural gas import terminal, in order to ensure expeditious progress toward such siting, construction, expansion, or operation. The schedule shall also include all Federal and State administrative proceedings authorized by Federal law for the siting, construction, expansion, and operation of natural gas pipelines and facilities related to the transportation of liquefied natural gas or natural gas from the liquefied natural gas import terminal. In establishing the schedule, the Federal Energy Regulatory Commission shall, to the extent practicable, accommodate the applicable schedules established by Federal law for such proceedings. If a Federal or State administrative agency or officer fails to complete a proceeding in accordance with the schedule established by the Federal Energy Regulatory Commission, the action of the Federal or State administrative agency or officer that is required before a person may site, construct, expand, or operate the liquefied natural gas import terminal shall be conclusively presumed and the siting, construction, expansion, or operation shall proceed without condition. (3) With respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal, the Federal Energy Regulatory Commission shall compile a single administrative record which shall consolidate the records of the proceedings referred to in paragraph (2). (4) Any Federal administrative proceeding that is an appeal or review of a decision made or action taken by a Federal administrative agency or officer (or State administrative agency or officer acting under delegated Federal authority) with respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal shall use as its exclusive record for all purposes the administrative record compiled by the Federal Energy Regulatory Commission under paragraph (3). (f) Judicial review \n(1) Except for review by the Supreme Court of the United States on writ of certiorari, the United States Court of Appeals for the District of Columbia Circuit shall have original and exclusive jurisdiction to hear and determine any civil action for review of a decision made or action taken by a Federal administrative agency or officer (or State administrative agency or officer acting under delegated Federal authority) with respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal. The civil action shall be filed not later than 60 days after the decision or action described in this paragraph. (2) If a civil action referred to in paragraph (1) is filed, the Federal Energy Regulatory Commission shall file in the United States Court of Appeals for the District of Columbia Circuit the single administrative record compiled under subsection (e)(3) with respect to the liquefied natural gas import terminal named in the civil action. (g) Lead agency \nWith respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal, the Federal Energy Regulatory Commission shall be the lead Federal agency for purposes of complying with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. )..", "id": "H78F96CCB046C4BFE977CAF01005B6C5E", "header": "Exportation or importation of natural gas", "nested": [], "links": [ { "text": "15 U.S.C. 717b", "legal-doc": "usc", "parsable-cite": "usc/15/717b" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" } ] }, { "text": "(b) Definition \nSection 2 of the Natural Gas Act ( 15 U.S.C. 717a ) is amended by adding at the end the following new paragraph: (11) Liquefied natural gas import terminal includes all facilities located onshore or in State waters that are used to receive, unload, store, transport, gasify, or process liquefied natural gas that is imported to the United States from a foreign country, but does not include the tankers used to deliver liquefied natural gas to such facilities..", "id": "HC7E98290455F436AA5A4E817CB53315", "header": "Definition", "nested": [], "links": [ { "text": "15 U.S.C. 717a", "legal-doc": "usc", "parsable-cite": "usc/15/717a" } ] } ], "links": [ { "text": "15 U.S.C. 717b", "legal-doc": "usc", "parsable-cite": "usc/15/717b" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "15 U.S.C. 717a", "legal-doc": "usc", "parsable-cite": "usc/15/717a" } ] }, { "text": "3. Exportation or importation of natural gas \n(a) Authorization order \nNo person shall export any natural gas from the United States to a foreign country or import any natural gas from a foreign country without first having secured an order of the Secretary of Energy authorizing such person to do so. The Secretary shall issue such order upon application, unless, after opportunity for hearing, the Secretary finds that the proposed exportation or importation will not be consistent with the public interest. The Secretary may by order grant such application, in whole or in part, with such modification and upon such terms and conditions as the Secretary may find necessary or appropriate, and may from time to time, after opportunity for hearing, and for good cause shown, make such supplemental order as the Secretary may find necessary or appropriate. (b) Free trade agreements and liquefied natural gas \nWith respect to natural gas which is imported into the United States from a nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas, and with respect to liquefied natural gas— (1) the importation of such natural gas shall be treated as a ‘first sale’ within the meaning of section 2(21) of the Natural Gas Policy Act of 1978; and (2) the Secretary of Energy shall not, on the basis of national origin, treat any such imported natural gas on an unjust, unreasonable, unduly discriminatory, or preferential basis. (c) Application and approval process \nFor purposes of subsection (a), the importation of the natural gas referred to in subsection (b), or the exportation of natural gas to a nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas, shall be deemed to be consistent with the public interest, and applications for such importation or exportation shall be granted without modification or delay. (d) Authorization for liquefied natural gas import terminals \n(1) No person shall site, construct, expand, or operate a liquefied natural gas import terminal without first having secured an order of the Federal Energy Regulatory Commission authorizing such person to do so. The Federal Energy Regulatory Commission shall issue such order upon application, unless, after opportunity for hearing, it finds that the proposed siting, construction, expansion, or operation will not be consistent with the public interest. The Federal Energy Regulatory Commission may by its order grant such application, in whole or in part, with such modification and upon such terms and conditions as the Federal Energy Regulatory Commission may find necessary or appropriate. (2) An order issued pursuant to paragraph (1) shall not be conditioned on— (A) a requirement that the liquefied natural gas import terminal offer service to persons other than the person securing the order; (B) any regulation of the liquefied natural gas import terminal’s rates, charges, terms, or conditions of service; or (C) a requirement to file with the Federal Energy Regulatory Commission schedules or contracts related to the liquefied natural gas import terminal’s rates, charges, terms, or conditions of service. (3) Except as otherwise provided by Federal law, no State or local government may require a permit, license, concurrence, approval, certificate, or other form of authorization with respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal. (4) Any decision made or action taken by a Federal administrative agency or officer (or State administrative agency or officer acting under delegated Federal authority) with respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal must be consistent with any authorization provided by the Federal Energy Regulatory Commission pursuant to this subsection with respect to the liquefied natural gas import terminal, and shall not prohibit or unreasonably delay the siting, construction, expansion, or operation. (5) Nothing in this subsection shall be construed to repeal or modify the authority under this section to authorize a person to import or export natural gas or to authorize facilities for the import or export of natural gas other than liquefied natural gas import terminals. (e) Schedule and administrative record \n(1) The Federal Energy Regulatory Commission shall approve or deny any application to site, construct, expand, or operate a liquefied natural gas import terminal under subsection (d) not later than 1 year after the application is complete. (2) With respect to each application under subsection (d), the Federal Energy Regulatory Commission shall establish a schedule for all Federal and State administrative proceedings commenced under authority of Federal law, the completion of which is required before a person may site, construct, expand, or operate the liquefied natural gas import terminal, in order to ensure expeditious progress toward such siting, construction, expansion, or operation. The schedule shall also include all Federal and State administrative proceedings authorized by Federal law for the siting, construction, expansion, and operation of natural gas pipelines and facilities related to the transportation of liquefied natural gas or natural gas from the liquefied natural gas import terminal. In establishing the schedule, the Federal Energy Regulatory Commission shall, to the extent practicable, accommodate the applicable schedules established by Federal law for such proceedings. If a Federal or State administrative agency or officer fails to complete a proceeding in accordance with the schedule established by the Federal Energy Regulatory Commission, the action of the Federal or State administrative agency or officer that is required before a person may site, construct, expand, or operate the liquefied natural gas import terminal shall be conclusively presumed and the siting, construction, expansion, or operation shall proceed without condition. (3) With respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal, the Federal Energy Regulatory Commission shall compile a single administrative record which shall consolidate the records of the proceedings referred to in paragraph (2). (4) Any Federal administrative proceeding that is an appeal or review of a decision made or action taken by a Federal administrative agency or officer (or State administrative agency or officer acting under delegated Federal authority) with respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal shall use as its exclusive record for all purposes the administrative record compiled by the Federal Energy Regulatory Commission under paragraph (3). (f) Judicial review \n(1) Except for review by the Supreme Court of the United States on writ of certiorari, the United States Court of Appeals for the District of Columbia Circuit shall have original and exclusive jurisdiction to hear and determine any civil action for review of a decision made or action taken by a Federal administrative agency or officer (or State administrative agency or officer acting under delegated Federal authority) with respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal. The civil action shall be filed not later than 60 days after the decision or action described in this paragraph. (2) If a civil action referred to in paragraph (1) is filed, the Federal Energy Regulatory Commission shall file in the United States Court of Appeals for the District of Columbia Circuit the single administrative record compiled under subsection (e)(3) with respect to the liquefied natural gas import terminal named in the civil action. (g) Lead agency \nWith respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal, the Federal Energy Regulatory Commission shall be the lead Federal agency for purposes of complying with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ).", "id": "H8B9D876B406140D2816FC5E487ADAECC", "header": "Exportation or importation of natural gas", "nested": [ { "text": "(a) Authorization order \nNo person shall export any natural gas from the United States to a foreign country or import any natural gas from a foreign country without first having secured an order of the Secretary of Energy authorizing such person to do so. The Secretary shall issue such order upon application, unless, after opportunity for hearing, the Secretary finds that the proposed exportation or importation will not be consistent with the public interest. The Secretary may by order grant such application, in whole or in part, with such modification and upon such terms and conditions as the Secretary may find necessary or appropriate, and may from time to time, after opportunity for hearing, and for good cause shown, make such supplemental order as the Secretary may find necessary or appropriate.", "id": "H8FF3606DD4E14B89BDB3DE6B71B9085B", "header": "Authorization order", "nested": [], "links": [] }, { "text": "(b) Free trade agreements and liquefied natural gas \nWith respect to natural gas which is imported into the United States from a nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas, and with respect to liquefied natural gas— (1) the importation of such natural gas shall be treated as a ‘first sale’ within the meaning of section 2(21) of the Natural Gas Policy Act of 1978; and (2) the Secretary of Energy shall not, on the basis of national origin, treat any such imported natural gas on an unjust, unreasonable, unduly discriminatory, or preferential basis.", "id": "HDCF834F735DA4982A5E6A7055F8113D7", "header": "Free trade agreements and liquefied natural gas", "nested": [], "links": [] }, { "text": "(c) Application and approval process \nFor purposes of subsection (a), the importation of the natural gas referred to in subsection (b), or the exportation of natural gas to a nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas, shall be deemed to be consistent with the public interest, and applications for such importation or exportation shall be granted without modification or delay.", "id": "HC5260910D19E47BD914E75ACFC4CF5A6", "header": "Application and approval process", "nested": [], "links": [] }, { "text": "(d) Authorization for liquefied natural gas import terminals \n(1) No person shall site, construct, expand, or operate a liquefied natural gas import terminal without first having secured an order of the Federal Energy Regulatory Commission authorizing such person to do so. The Federal Energy Regulatory Commission shall issue such order upon application, unless, after opportunity for hearing, it finds that the proposed siting, construction, expansion, or operation will not be consistent with the public interest. The Federal Energy Regulatory Commission may by its order grant such application, in whole or in part, with such modification and upon such terms and conditions as the Federal Energy Regulatory Commission may find necessary or appropriate. (2) An order issued pursuant to paragraph (1) shall not be conditioned on— (A) a requirement that the liquefied natural gas import terminal offer service to persons other than the person securing the order; (B) any regulation of the liquefied natural gas import terminal’s rates, charges, terms, or conditions of service; or (C) a requirement to file with the Federal Energy Regulatory Commission schedules or contracts related to the liquefied natural gas import terminal’s rates, charges, terms, or conditions of service. (3) Except as otherwise provided by Federal law, no State or local government may require a permit, license, concurrence, approval, certificate, or other form of authorization with respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal. (4) Any decision made or action taken by a Federal administrative agency or officer (or State administrative agency or officer acting under delegated Federal authority) with respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal must be consistent with any authorization provided by the Federal Energy Regulatory Commission pursuant to this subsection with respect to the liquefied natural gas import terminal, and shall not prohibit or unreasonably delay the siting, construction, expansion, or operation. (5) Nothing in this subsection shall be construed to repeal or modify the authority under this section to authorize a person to import or export natural gas or to authorize facilities for the import or export of natural gas other than liquefied natural gas import terminals.", "id": "H970FBD6A25F44D1C910846F18390EBC6", "header": "Authorization for liquefied natural gas import terminals", "nested": [], "links": [] }, { "text": "(e) Schedule and administrative record \n(1) The Federal Energy Regulatory Commission shall approve or deny any application to site, construct, expand, or operate a liquefied natural gas import terminal under subsection (d) not later than 1 year after the application is complete. (2) With respect to each application under subsection (d), the Federal Energy Regulatory Commission shall establish a schedule for all Federal and State administrative proceedings commenced under authority of Federal law, the completion of which is required before a person may site, construct, expand, or operate the liquefied natural gas import terminal, in order to ensure expeditious progress toward such siting, construction, expansion, or operation. The schedule shall also include all Federal and State administrative proceedings authorized by Federal law for the siting, construction, expansion, and operation of natural gas pipelines and facilities related to the transportation of liquefied natural gas or natural gas from the liquefied natural gas import terminal. In establishing the schedule, the Federal Energy Regulatory Commission shall, to the extent practicable, accommodate the applicable schedules established by Federal law for such proceedings. If a Federal or State administrative agency or officer fails to complete a proceeding in accordance with the schedule established by the Federal Energy Regulatory Commission, the action of the Federal or State administrative agency or officer that is required before a person may site, construct, expand, or operate the liquefied natural gas import terminal shall be conclusively presumed and the siting, construction, expansion, or operation shall proceed without condition. (3) With respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal, the Federal Energy Regulatory Commission shall compile a single administrative record which shall consolidate the records of the proceedings referred to in paragraph (2). (4) Any Federal administrative proceeding that is an appeal or review of a decision made or action taken by a Federal administrative agency or officer (or State administrative agency or officer acting under delegated Federal authority) with respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal shall use as its exclusive record for all purposes the administrative record compiled by the Federal Energy Regulatory Commission under paragraph (3).", "id": "HCDE434ADD6A24F2985CD001355F9CEB0", "header": "Schedule and administrative record", "nested": [], "links": [] }, { "text": "(f) Judicial review \n(1) Except for review by the Supreme Court of the United States on writ of certiorari, the United States Court of Appeals for the District of Columbia Circuit shall have original and exclusive jurisdiction to hear and determine any civil action for review of a decision made or action taken by a Federal administrative agency or officer (or State administrative agency or officer acting under delegated Federal authority) with respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal. The civil action shall be filed not later than 60 days after the decision or action described in this paragraph. (2) If a civil action referred to in paragraph (1) is filed, the Federal Energy Regulatory Commission shall file in the United States Court of Appeals for the District of Columbia Circuit the single administrative record compiled under subsection (e)(3) with respect to the liquefied natural gas import terminal named in the civil action.", "id": "HA60F0F51A00145EF8ECD3723DB378066", "header": "Judicial review", "nested": [], "links": [] }, { "text": "(g) Lead agency \nWith respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal, the Federal Energy Regulatory Commission shall be the lead Federal agency for purposes of complying with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ).", "id": "H1014FEB7E1FE457697DF2644C6C4F8F8", "header": "Lead agency", "nested": [], "links": [ { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" } ] } ], "links": [ { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" } ] } ]

[ "Energy and Commerce Committee" ]

[ { "text": "1. Dalip Singh Saund Post Office Building \n(a) Designation \nThe facility of the United States Postal Service located at 30777 Rancho California Road in Temecula, California, shall be known and designated as the Dalip Singh Saund Post Office Building. (b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Dalip Singh Saund Post Office Building.", "id": "HB378A40BC32E43A6B76EE36CC8F72308", "header": "Dalip Singh Saund Post Office Building", "nested": [ { "text": "(a) Designation \nThe facility of the United States Postal Service located at 30777 Rancho California Road in Temecula, California, shall be known and designated as the Dalip Singh Saund Post Office Building.", "id": "H5DCE84954FDB4E9AAD07542FB13E3BCB", "header": "Designation", "nested": [], "links": [] }, { "text": "(b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Dalip Singh Saund Post Office Building.", "id": "HB1C38FE29CE54CE99F782F62EF01A6F5", "header": "References", "nested": [], "links": [] } ], "links": [] } ]

[ "Oversight and Accountability Committee" ]

[ { "text": "1. Prohibition on operation of medicare Comparative Cost Adjustment (CCA) program in New Mexico \n(a) In general \nSection 1860C–1(b) of the Social Security Act, as added by section 241 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), is amended by adding at the end the following: (3) No cca areas within New Mexico \nA CCA area shall not include an MSA any portion of which is within the State of New Mexico.. (b) Effective date \nThe amendment made by this section shall take effect as if included in the enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003.", "id": "H3E246C05DE49453C8BA68D1032B9A66E", "header": "Prohibition on operation of medicare Comparative Cost Adjustment (CCA) program in New Mexico", "nested": [ { "text": "(a) In general \nSection 1860C–1(b) of the Social Security Act, as added by section 241 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), is amended by adding at the end the following: (3) No cca areas within New Mexico \nA CCA area shall not include an MSA any portion of which is within the State of New Mexico..", "id": "H43481F29672B44E199FFBA282DB198A5", "header": "In general", "nested": [], "links": [ { "text": "Public Law 108–173", "legal-doc": "public-law", "parsable-cite": "pl/108/173" } ] }, { "text": "(b) Effective date \nThe amendment made by this section shall take effect as if included in the enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003.", "id": "H38339CB18FCE4F7AB05E477632F03F99", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 108–173", "legal-doc": "public-law", "parsable-cite": "pl/108/173" } ] } ]

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

[ { "text": "1. Extending the filing deadline for certain medicare claims to account for a delay in processing adjustments from secondary to primary payor status \n(a) Extension of claims filing period \nNotwithstanding sections 1814(a)(1) and 1835(a)(1) of the Social Security Act ( 42 U.S.C. 1395f(a)(1) , 1395n(a)(1)), claims described in subsection (b) may also be filed under parts A and B of title XVIII of the Social Security Act during the 1-year period beginning on the date of the enactment of this Act. (b) Claims described \nFor purposes of subsection (a), a claim described in this subsection is a claim for items and services that are furnished— (1) on or after January 1, 1987, and before August 10, 1993; and (2) to an individual during the period beginning on the date the individual’s status under section 1862(b)(2) of the Social Security Act ( 42 U.S.C. 1395y(b)(2) ) changes from having a group health plan that is primary plan to no longer having such a plan that is a primary plan and ending on the date of completion of the change of status.", "id": "HE30375A0712F44E8A993395D186285FD", "header": "Extending the filing deadline for certain medicare claims to account for a delay in processing adjustments from secondary to primary payor status", "nested": [ { "text": "(a) Extension of claims filing period \nNotwithstanding sections 1814(a)(1) and 1835(a)(1) of the Social Security Act ( 42 U.S.C. 1395f(a)(1) , 1395n(a)(1)), claims described in subsection (b) may also be filed under parts A and B of title XVIII of the Social Security Act during the 1-year period beginning on the date of the enactment of this Act.", "id": "HE4CBA21B58D6493C89763BD2BE2BD02", "header": "Extension of claims filing period", "nested": [], "links": [ { "text": "42 U.S.C. 1395f(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/1395f" } ] }, { "text": "(b) Claims described \nFor purposes of subsection (a), a claim described in this subsection is a claim for items and services that are furnished— (1) on or after January 1, 1987, and before August 10, 1993; and (2) to an individual during the period beginning on the date the individual’s status under section 1862(b)(2) of the Social Security Act ( 42 U.S.C. 1395y(b)(2) ) changes from having a group health plan that is primary plan to no longer having such a plan that is a primary plan and ending on the date of completion of the change of status.", "id": "HB8091F4297924874A7AD3675A9DAA58E", "header": "Claims described", "nested": [], "links": [ { "text": "42 U.S.C. 1395y(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/1395y" } ] } ], "links": [ { "text": "42 U.S.C. 1395f(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/1395f" }, { "text": "42 U.S.C. 1395y(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/1395y" } ] } ]

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

[ { "text": "1. Vaughn Gross Post Office Building \n(a) Designation \nThe facility of the United States Postal Service located at 9130 Markville Drive in Dallas, Texas, shall be known and designated as the Vaughn Gross Post Office Building. (b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Vaughn Gross Post Office Building.", "id": "H45720043009B4DE5009C2FA90561155C", "header": "Vaughn Gross Post Office Building", "nested": [ { "text": "(a) Designation \nThe facility of the United States Postal Service located at 9130 Markville Drive in Dallas, Texas, shall be known and designated as the Vaughn Gross Post Office Building.", "id": "H857BDD2E5F924F57A388DFEADFA200B1", "header": "Designation", "nested": [], "links": [] }, { "text": "(b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Vaughn Gross Post Office Building.", "id": "H53A3F7770B82464EA36380576100B8D7", "header": "References", "nested": [], "links": [] } ], "links": [] } ]

[ "Oversight and Accountability Committee" ]

[ { "text": "1. Authority to cover expenses of primary and secondary schooling of dependents of Forest Service personnel in Puerto Rico \nSection 202 of the Department of Agriculture Organic Act of 1944 ( 16 U.S.C. 554b ) is amended— (1) by inserting (a) Provision of medical care; related transportation.— before Appropriations for the Forest Service ; and (2) by adding at the end the following new subsection: (b) Coverage of dependent educational expenses in puerto rico; related transportation \n(1) Appropriations for the Forest Service shall be available to the Secretary of Agriculture to cover the cost of primary and secondary schooling of dependents of Forest Service personnel, who are stationed in Puerto Rico and are subject to transfer and reassignment to other locations in the United States, but not to exceed the costs authorized by the Department of Defense for the same area for dependents of members of the Armed Forces, when it is determined by the Secretary that the schools available in the area of Puerto Rico in which the dependents reside are unable to provide adequately for the education of the dependents. (2) If the Secretary determines that the school attended by a dependent described in paragraph (1) is not accessible by public means of transportation on a regular basis, the Secretary may provide, out of funds appropriated for the Forest Service, for the transportation of the dependent between the school and the place of residence of the dependent..", "id": "H06793B78F1814B4D9D28D65F8436EE1", "header": "Authority to cover expenses of primary and secondary schooling of dependents of Forest Service personnel in Puerto Rico", "nested": [], "links": [ { "text": "16 U.S.C. 554b", "legal-doc": "usc", "parsable-cite": "usc/16/554b" } ] } ]

[ "Agriculture Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HE28E4246EA8544E8B87E5741BB618704", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nThe Congress finds as follows: (1) Each month between 250 and 600 young people in the United States die suddenly and unexpectedly from cardiac arrhythmia syndromes. (2) These syndromes include long Q-T syndrome, hypertrophic cardiomyopathy, arrhymogenic right ventricular dysplasia, and others. (3) Long Q-T syndrome is more common in the United States than childhood leukemia. (4) Most cardiac arrhythmia syndromes that cause sudden death in the young are identifiable through screenings. (5) Once diagnosed, these syndromes are treatable, and individuals with these conditions can have normal life spans and life-styles.", "id": "H75E4420DA5A241FC8C887CCD79895FE1", "header": "Findings", "nested": [], "links": [] }, { "text": "2. Screenings and education regarding children with sudden cardiac arrhythmia syndromes \nPart B of title III of the Public Health Service Act ( 42 U.S.C. 243 et seq. ) is amended by inserting after section 317S the following section: 317T. Screenings and education regarding children with sudden cardiac arrhythmia syndromes \n(a) In general \nThe Secretary, acting through the Director of the Centers for Disease Control and Prevention, may make awards of grants or contracts to States, political subdivisions of States, and other public or nonprofit private entities, such as the Cardiac Arrhythmias Research and Education Foundation, for the purpose of carrying out programs— (1) to screen children for sudden cardiac arrhythmia syndromes; (2) to provide referrals for medical services regarding such syndromes; and (3) to provide education on such syndromes to health professionals and the general public, including education on screening methods. (b) Priority in Making Awards \nIn making awards under subsection (a), the Secretary shall give priority— (1) to screenings and referrals under such subsection for— (A) children under the age of 6; and (B) children who participate in, or intend to participate in, organized sports; and (2) to educational activities under such subsection that are directed toward parents of children described in paragraph (1) and health professionals who commonly provide medical care for such children. (c) Technical assistance \nThe Secretary may provide technical assistance to grantees under subsection (a) with respect to the planning, development, and operation of programs under such subsection. The Secretary may provide such technical assistance directly or through grants or contracts. (d) Evaluations \nThe Secretary, directly or through grants or contracts, shall provide for evaluations of programs under subsection (a) in order to determine the quality and effectiveness of the programs. (e) Definition \nFor purposes of this section, the term children means individuals under the age of 19. (f) Authorization of appropriations \nFor the purpose of carrying out this section, there are authorized to be appropriated $20,000,000 for fiscal year 2005, and such sums as may be necessary for each of the fiscal years 2006 through 2009..", "id": "HB08C8130EB5141C4BA03DD7574370553", "header": "Screenings and education regarding children with sudden cardiac arrhythmia syndromes", "nested": [], "links": [ { "text": "42 U.S.C. 243 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/243" } ] }, { "text": "317T. Screenings and education regarding children with sudden cardiac arrhythmia syndromes \n(a) In general \nThe Secretary, acting through the Director of the Centers for Disease Control and Prevention, may make awards of grants or contracts to States, political subdivisions of States, and other public or nonprofit private entities, such as the Cardiac Arrhythmias Research and Education Foundation, for the purpose of carrying out programs— (1) to screen children for sudden cardiac arrhythmia syndromes; (2) to provide referrals for medical services regarding such syndromes; and (3) to provide education on such syndromes to health professionals and the general public, including education on screening methods. (b) Priority in Making Awards \nIn making awards under subsection (a), the Secretary shall give priority— (1) to screenings and referrals under such subsection for— (A) children under the age of 6; and (B) children who participate in, or intend to participate in, organized sports; and (2) to educational activities under such subsection that are directed toward parents of children described in paragraph (1) and health professionals who commonly provide medical care for such children. (c) Technical assistance \nThe Secretary may provide technical assistance to grantees under subsection (a) with respect to the planning, development, and operation of programs under such subsection. The Secretary may provide such technical assistance directly or through grants or contracts. (d) Evaluations \nThe Secretary, directly or through grants or contracts, shall provide for evaluations of programs under subsection (a) in order to determine the quality and effectiveness of the programs. (e) Definition \nFor purposes of this section, the term children means individuals under the age of 19. (f) Authorization of appropriations \nFor the purpose of carrying out this section, there are authorized to be appropriated $20,000,000 for fiscal year 2005, and such sums as may be necessary for each of the fiscal years 2006 through 2009.", "id": "HE14F85E8E2DF481D869F5E9F45846456", "header": "Screenings and education regarding children with sudden cardiac arrhythmia syndromes", "nested": [ { "text": "(a) In general \nThe Secretary, acting through the Director of the Centers for Disease Control and Prevention, may make awards of grants or contracts to States, political subdivisions of States, and other public or nonprofit private entities, such as the Cardiac Arrhythmias Research and Education Foundation, for the purpose of carrying out programs— (1) to screen children for sudden cardiac arrhythmia syndromes; (2) to provide referrals for medical services regarding such syndromes; and (3) to provide education on such syndromes to health professionals and the general public, including education on screening methods.", "id": "H0E9EA15EC8BA4451AAFBEAB21D7B5DDD", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Priority in Making Awards \nIn making awards under subsection (a), the Secretary shall give priority— (1) to screenings and referrals under such subsection for— (A) children under the age of 6; and (B) children who participate in, or intend to participate in, organized sports; and (2) to educational activities under such subsection that are directed toward parents of children described in paragraph (1) and health professionals who commonly provide medical care for such children.", "id": "H4C610126807F45D2A914FACF6C98D801", "header": "Priority in Making Awards", "nested": [], "links": [] }, { "text": "(c) Technical assistance \nThe Secretary may provide technical assistance to grantees under subsection (a) with respect to the planning, development, and operation of programs under such subsection. The Secretary may provide such technical assistance directly or through grants or contracts.", "id": "HE8CF24362B834789984FA59900359600", "header": "Technical assistance", "nested": [], "links": [] }, { "text": "(d) Evaluations \nThe Secretary, directly or through grants or contracts, shall provide for evaluations of programs under subsection (a) in order to determine the quality and effectiveness of the programs.", "id": "H68BA1D82CDAA45B48442667D2F4CED8D", "header": "Evaluations", "nested": [], "links": [] }, { "text": "(e) Definition \nFor purposes of this section, the term children means individuals under the age of 19.", "id": "H202450394AA842529E88D68276BE58B", "header": "Definition", "nested": [], "links": [] }, { "text": "(f) Authorization of appropriations \nFor the purpose of carrying out this section, there are authorized to be appropriated $20,000,000 for fiscal year 2005, and such sums as may be necessary for each of the fiscal years 2006 through 2009.", "id": "H5FC985C96A044A76B378B8644D5FF8D8", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] } ]

[ "Energy and Commerce Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the or the SHIELD Privacy Act.", "id": "H0CBD125E34CB495B850734AF00364F9B", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nThe Congress finds the following: (1) The protection of our Nation’s civil liberties and privacy is fundamental to the American way of life. (2) Strengthening our homeland security ensures that our way of life and the rights protected by the Constitution remain intact. (3) In developing homeland security initiatives, our Government must take care to protect fundamental constitutional rights and strive to minimize unnecessary impositions on the freedoms and privileges enjoyed in the United States. (4) As governments develop and employ new technologies and gather information from the private sector for homeland security efforts, they must ensure that our society’s constitutional guarantees relating to privacy, due process, and civil liberties are protected.", "id": "H7D547051BE5F46DFAF1CF090F823E9E", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Chief Privacy Officer \n(a) Designation \nThe President shall designate a senior official within the Office of Management and Budget as the Chief Privacy Officer, who shall have primary responsibility for privacy policy throughout the Federal Government. (b) Specific responsibilities \nThe responsibilities of the Chief Privacy Officer shall include the following: (1) Assuring that the technologies procured and use of technologies by the Federal Government sustain, and do not erode, privacy protections relating to the use, collection, and disclosure of personally identifiable information. (2) Assuring that personally identifiable information contained in systems of records (as that term is defined in section 552a of title 5, United States Code, popularly known as the Privacy Act of 1974 ) is handled in full compliance with fair information practices required under that section. (3) Evaluating legislative and regulatory proposals involving collection, use, and disclosure of personally identifiable information by the Federal Government. (4) Exercising responsibility currently vested in the Director of the Office of Management and Budget with respect to privacy impact assessment rules, regulations, and oversight under section 208 of the E–Gov Act of 2002 ( 44 U.S.C. 3501 note). (5) Preparing an annual report to the Congress containing an agency-by-agency analysis of Federal activities that affect privacy, including complaints of privacy violations, implementation of section 552a of title 5, United States Code, internal controls, and other matters. (c) Agency information \nThe head of each Federal agency shall provide to the Chief Privacy Officer such information as the Chief Privacy Officer considers necessary for the completion of the annual reports under subsection (b)(5). (d) Report by Secretary of Homeland Security \nSection 222(5) of the Homeland Security Act of 2002 ( 6 U.S.C. 142(5) ) is amended by striking Congress and inserting the chief Privacy Officer of the Office of Management and Budget.", "id": "HBC32F774EAFB4914B2A080944F488B01", "header": "Chief Privacy Officer", "nested": [ { "text": "(a) Designation \nThe President shall designate a senior official within the Office of Management and Budget as the Chief Privacy Officer, who shall have primary responsibility for privacy policy throughout the Federal Government.", "id": "H3E9F9282DDF04308BE6287A9028E73DE", "header": "Designation", "nested": [], "links": [] }, { "text": "(b) Specific responsibilities \nThe responsibilities of the Chief Privacy Officer shall include the following: (1) Assuring that the technologies procured and use of technologies by the Federal Government sustain, and do not erode, privacy protections relating to the use, collection, and disclosure of personally identifiable information. (2) Assuring that personally identifiable information contained in systems of records (as that term is defined in section 552a of title 5, United States Code, popularly known as the Privacy Act of 1974 ) is handled in full compliance with fair information practices required under that section. (3) Evaluating legislative and regulatory proposals involving collection, use, and disclosure of personally identifiable information by the Federal Government. (4) Exercising responsibility currently vested in the Director of the Office of Management and Budget with respect to privacy impact assessment rules, regulations, and oversight under section 208 of the E–Gov Act of 2002 ( 44 U.S.C. 3501 note). (5) Preparing an annual report to the Congress containing an agency-by-agency analysis of Federal activities that affect privacy, including complaints of privacy violations, implementation of section 552a of title 5, United States Code, internal controls, and other matters.", "id": "H7D9092F7860D4F88B4A8607C2FEDC3AB", "header": "Specific responsibilities", "nested": [], "links": [ { "text": "section 552a", "legal-doc": "usc", "parsable-cite": "usc/5/552a" }, { "text": "44 U.S.C. 3501", "legal-doc": "usc", "parsable-cite": "usc/44/3501" }, { "text": "section 552a", "legal-doc": "usc", "parsable-cite": "usc/5/552a" } ] }, { "text": "(c) Agency information \nThe head of each Federal agency shall provide to the Chief Privacy Officer such information as the Chief Privacy Officer considers necessary for the completion of the annual reports under subsection (b)(5).", "id": "H37AFE9B9F4264C2FBD064C32217CC9F", "header": "Agency information", "nested": [], "links": [] }, { "text": "(d) Report by Secretary of Homeland Security \nSection 222(5) of the Homeland Security Act of 2002 ( 6 U.S.C. 142(5) ) is amended by striking Congress and inserting the chief Privacy Officer of the Office of Management and Budget.", "id": "H3F752CE42F624C9AAF16DCDF8D3C44E0", "header": "Report by Secretary of Homeland Security", "nested": [], "links": [ { "text": "6 U.S.C. 142(5)", "legal-doc": "usc", "parsable-cite": "usc/6/142" } ] } ], "links": [ { "text": "section 552a", "legal-doc": "usc", "parsable-cite": "usc/5/552a" }, { "text": "44 U.S.C. 3501", "legal-doc": "usc", "parsable-cite": "usc/44/3501" }, { "text": "section 552a", "legal-doc": "usc", "parsable-cite": "usc/5/552a" }, { "text": "6 U.S.C. 142(5)", "legal-doc": "usc", "parsable-cite": "usc/6/142" } ] }, { "text": "4. Privacy policy of departments and independent agencies \n(a) Officials responsible for privacy policy \nThe head of each department and each independent agency in the executive branch shall appoint a senior official of the department or independent agency, respectively, to assure primary responsibility for privacy policy, including the following: (1) Assuring that technologies procured and use of technologies sustain, and do not erode, privacy protections relating to the use, collection, and disclosure of personally identifiable information. (2) Assuring that personally identifiable information contained in systems of records (as that term is defined in section 552a of title 5, United States Code, popularly known as the Privacy Act of 1974 ) is handled in full compliance with fair information practices required under that section. (3) Evaluating legislative and regulatory proposals involving collection, use, and disclosure of personally identifiable information by the Federal Government. (4) Conducting privacy impact assessments under subsection (b). (5) Ensuring that the department or agency protects personally identifiable information and information systems from unauthorized access, use, disclosure, disruption, modification, or destruction in order to provide— (A) integrity, by— (i) guarding against improper information modification or destruction; and (ii) ensuring information nonrepudiation and authenticity; (B) confidentiality, by preserving authorized restrictions on access and disclosure, including means for protecting personal privacy and proprietary information; (C) availability, by ensuring timely and reliable access to and use of that information; and (D) authentication, by utilizing digital credentials to assure the identity of users and validate their access. (6) Submitting an annual report to the Director of the Office of Management and Budget on activities of their agencies that affect privacy, including complaints of privacy violations, implementation of section 552a of title 5, United States Code, internal controls, and other matters. (b) Privacy impact assessments \n(1) Requirement \nThe official appointed under subsection (a) for a department or independent agency shall— (A) assess the impact on privacy of each proposed action of the Department or agency that will require collecting, using, or accessing personally identifiable information from 10 or more persons; and (B) make the results of such assessments publicly available through the World Wide Web site of the Department. (2) Matters considered \nEach assessment under this subsection regarding a proposed action shall consider the following: (A) The type of any personally identifiable information to be collected, used, or accessed by the Department. (B) Why such information will be collected, used, or accessed. (C) The intended use of such information. (D) The persons with whom such information will be shared. (E) What notice or consent will be provided to individuals regarding such information to be collected or accessed, and how that information will be shared. (F) How such information will be secured. (G) Whether a system of records will be created for purposes of section 552a of title 5, United States Code. (H) The method by which, extent to which, and rate at which such collected information will be destroyed or returned.", "id": "HEB42211D17F448ACB804CBD52D4C8DBC", "header": "Privacy policy of departments and independent agencies", "nested": [ { "text": "(a) Officials responsible for privacy policy \nThe head of each department and each independent agency in the executive branch shall appoint a senior official of the department or independent agency, respectively, to assure primary responsibility for privacy policy, including the following: (1) Assuring that technologies procured and use of technologies sustain, and do not erode, privacy protections relating to the use, collection, and disclosure of personally identifiable information. (2) Assuring that personally identifiable information contained in systems of records (as that term is defined in section 552a of title 5, United States Code, popularly known as the Privacy Act of 1974 ) is handled in full compliance with fair information practices required under that section. (3) Evaluating legislative and regulatory proposals involving collection, use, and disclosure of personally identifiable information by the Federal Government. (4) Conducting privacy impact assessments under subsection (b). (5) Ensuring that the department or agency protects personally identifiable information and information systems from unauthorized access, use, disclosure, disruption, modification, or destruction in order to provide— (A) integrity, by— (i) guarding against improper information modification or destruction; and (ii) ensuring information nonrepudiation and authenticity; (B) confidentiality, by preserving authorized restrictions on access and disclosure, including means for protecting personal privacy and proprietary information; (C) availability, by ensuring timely and reliable access to and use of that information; and (D) authentication, by utilizing digital credentials to assure the identity of users and validate their access. (6) Submitting an annual report to the Director of the Office of Management and Budget on activities of their agencies that affect privacy, including complaints of privacy violations, implementation of section 552a of title 5, United States Code, internal controls, and other matters.", "id": "H1207E940DB10468E9D7279F290AF92C6", "header": "Officials responsible for privacy policy", "nested": [], "links": [ { "text": "section 552a", "legal-doc": "usc", "parsable-cite": "usc/5/552a" }, { "text": "section 552a", "legal-doc": "usc", "parsable-cite": "usc/5/552a" } ] }, { "text": "(b) Privacy impact assessments \n(1) Requirement \nThe official appointed under subsection (a) for a department or independent agency shall— (A) assess the impact on privacy of each proposed action of the Department or agency that will require collecting, using, or accessing personally identifiable information from 10 or more persons; and (B) make the results of such assessments publicly available through the World Wide Web site of the Department. (2) Matters considered \nEach assessment under this subsection regarding a proposed action shall consider the following: (A) The type of any personally identifiable information to be collected, used, or accessed by the Department. (B) Why such information will be collected, used, or accessed. (C) The intended use of such information. (D) The persons with whom such information will be shared. (E) What notice or consent will be provided to individuals regarding such information to be collected or accessed, and how that information will be shared. (F) How such information will be secured. (G) Whether a system of records will be created for purposes of section 552a of title 5, United States Code. (H) The method by which, extent to which, and rate at which such collected information will be destroyed or returned.", "id": "H18BE35480B5C4CF4834C23CD069DBFC2", "header": "Privacy impact assessments", "nested": [], "links": [ { "text": "section 552a", "legal-doc": "usc", "parsable-cite": "usc/5/552a" } ] } ], "links": [ { "text": "section 552a", "legal-doc": "usc", "parsable-cite": "usc/5/552a" }, { "text": "section 552a", "legal-doc": "usc", "parsable-cite": "usc/5/552a" }, { "text": "section 552a", "legal-doc": "usc", "parsable-cite": "usc/5/552a" } ] }, { "text": "5. Commission on Privacy, Freedom, and Homeland Security \n(a) Establishment \nThere is established a commission to be known as the Commission on Privacy, Freedom, and Homeland Security. (b) Duties of commission \n(1) In general \nThe Commission shall conduct a comprehensive legal and factual study relating to United States efforts to further homeland security in a manner that protects privacy, civil liberties, and individual freedoms. (2) Matters to be studied \nThe matters studied by the Commission under paragraph (1) shall at a minimum include the following: (A) A review of whether Federal agencies are properly assessing the privacy implications of new homeland security technologies before implementing and deploying such technologies. (B) The impact of existing Federal and State privacy statutes and regulations, legislation pending before the Congress, and privacy protection efforts undertaken by the Federal Government, State governments, foreign governments, and international governing bodies on homeland security. (C) The impact of Federal legislation enacted since September 11, 2001, or pending before the Congress, on civil liberties. (D) The likely effectiveness of existing technologies for analyzing public and private sources of data and information to identify terrorists and prevent terrorist acts. (c) Field hearings \n(1) In general \nThe Commission shall conduct at least 2 field hearings in each of the 5 geographical regions of the United States. (2) Determination of regions \nFor purposes of this subsection, the Commission may determine the boundaries of the 5 geographical regions of the United States. (d) Report \n(1) In general \nNo later than 24 months after the date on which the Commission first meets, the Commission shall submit to the President and the Congress a comprehensive report of the Commission’s findings, recommendations, and conclusions. Such report shall include a summary of the report submitted to the Commission by the National Research Council under subsection (g)(9), and a summary of any other material relied on by the Commission in the preparation of its report. (2) Recommendations \nThe report under paragraph (1) shall include recommendations regarding the following: (A) Steps Federal agencies should take when considering new homeland security technologies to ensure that privacy implications are adequately considered before such technologies are implemented. (B) Whether additional legislation is necessary to reform or augment current laws and regulations relating to privacy and homeland security, including specific reform proposals and an analysis of the financial costs of any proposed changes. (C) Safeguards and protection that should be in place when the Federal Government uses an individual’s personally identifiable information obtained from a commercial database or a list for counterterrorism and homeland security purposes. (3) Additional report \nThe Commission shall submit to the Congress and the President, with the report under paragraph (1), any additional report of dissenting opinions or minority views by any member of the Commission. (4) Interim report \nThe Commission may submit to the Congress and the President interim reports approved by a majority of the members of the Commission. (e) Structure of Commission \n(1) Member and appointment \nThe Commission shall be composed of 10 members appointed as follows: (A) 1 member appointed by the President, who shall be the chairperson of the Commission. (B) 1 member appointed jointly by the minority leader of the House of Representatives and the minority leader of the Senate, who shall be the vice chairperson of the Commission. (C) 2 members appointed by the majority leader of the House of Representatives. (D) 2 members appointed by the minority leader of the House of Representatives. (E) 2 members appointed by the majority leader of the Senate. (F) 2 members appointed by the minority leader of the Senate. (2) Qualifications of members \nThe appointing authorities under subsection (1) shall seek to ensure that the membership of the Commission has a diversity of views and experiences on the matters to be studied by the Commission, including views and knowledge of law, civil rights and liberties, privacy matters, homeland security, information technology, security, database integration, and law enforcement. (3) Date of appointment \nThe appointment of the members of the Commission shall be made not later than 30 days after the date of the enactment of this Act. (4) Terms \nEach member of the Commission shall be appointed for the life of the Commission. (5) Vacancies \nAny vacancy in the Commission shall be filled in the same manner in which the original appointment was made. (6) Compensation; travel expenses \nMembers of the Commission shall serve without pay, but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (7) Quorum \nA majority of the members of the Commission shall constitute a quorum for purposes of conducting business, except that 2 members of the Commission shall constitute a quorum for purposes of conducting a hearing. (8) Meetings \n(A) In general \nThe Commission shall meet at the call of the Chairperson or a majority of its members. (B) Initial meeting \nNot later than 45 days after the date of the enactment of this Act, the Commission shall hold its initial meeting. (f) Director; Staff; Experts and Consultants \n(1) Director \n(A) Appointment \nNot later than 60 days after the date of the enactment of this Act, the Commission shall appoint a Director, without regard to the provisions of title 5, United States Code, governing appointments to the competitive service. (B) Pay \nThe Director shall be paid at the rate payable for level III of the Executive Schedule established under section 5314 of such title. (2) Staff \n(A) Appointment \nThe Director may appoint such staff as the Director determines appropriate, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. (B) Pay \nThe staff of the Commission shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification and General Schedule pay rates, but at rates not in excess of the maximum rate for grade GS–15 of the General Schedule under section 5332 of that title. (3) Experts and consultants \nThe Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (4) Detailees \n(A) In general \nUpon request of the Director, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out this Act. (B) Notice \nBefore making a request under this paragraph, the Director shall give notice of the request to each member of the Commission. (g) Powers of Commission \n(1) Hearings and sessions \nThe Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence to carry out its duties under subsection (b). The Commission may administer oaths or affirmations to witnesses appearing before it. (2) Powers of members and agents \nAny member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (3) Obtaining official information \n(A) Requirement to furnish \nExcept as provided in subparagraph (B), if the Commission submits a request to a Federal department or agency for information necessary to enable the Commission to carry out this Act, the head of that department or agency shall furnish that information to the Commission. (B) Exception for national security \nIf the head of a Federal department or agency determines that it is necessary to withhold requested information from disclosure to protect the national security interests of the United States, the department or agency head shall not furnish that information to the Commission. (4) Mails \nThe Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (5) Administrative support services \nUpon the request of the Director, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out this section. (6) Gifts and donations \nThe Commission may accept, use, and dispose of gifts or donations of services or property to carry out this Act, but only to the extent or in the amounts provided in advance in appropriation Acts. (7) Contracts \nThe Commission may contract with and compensate persons and government agencies for supplies and services, without regard to section 3709 of the Revised Statutes ( 41 U.S.C. 5 ). (8) Subpoena power \n(A) In general \nIf a Federal department or agency or any other person fails to supply information requested by the Commission, the Commission may require by subpoena the production of the information. The Commission shall transmit to the Attorney General a written notice at least 10 days in advance of the issuance of any such subpoena. A subpoena under this paragraph may require the production of materials from any place within the United States. (B) Interrogatories \nThe Commission may, with respect only to information necessary to understand any materials obtained through a subpoena under paragraph (A), issue a subpoena requiring the person producing such materials to answer, either through a sworn deposition or through written answers provided under oath (at the election of the person upon whom the subpoena is served), interrogatories from the Commission regarding such information. A complete recording or transcription shall be made of any deposition made under this paragraph. (C) Certification \nEach person who submits materials or information to the Commission pursuant to a subpoena issued under subparagraph (A) or (B) shall certify to the Commission the authenticity and completeness of all materials or information submitted. (D) Treatment of subpoenas \nAny subpoena issued by the Commission under subparagraph (A) or (B) shall comply with requirements for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure. (E) Failure to obey a subpoena \nIf a person refuses to obey a subpoena issued by the Commission under subparagraph (A) or (B), the Commission may apply to a United States district court for an order requiring that person to comply with such subpoena. The application may be made within the judicial district in which that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. (9) Arrangements with National Research Council \n(A) In general \nIn carrying out its duties under subsection (b), the Commission shall arrange with the National Research Council of the National Academy of Sciences for assistance in conducting the studies required by the Commission under subsection (b)(2), including performance of the analysis required under subsection (b)(2)(C). (B) Report \nThe arrangements entered into under (A) shall require that the National Research Council submit a report to the Commission detailing the results of its efforts no later than 15 months after the date on which the Commission first meets. (C) Use of funds \nOf amounts appropriated to carry out this section, up to $750,000 shall be available to the Commission to carry out this paragraph. (h) Budget Act compliance \nAny new contract authority authorized by this section shall be effective only to the extent or in the amounts provided in advance in appropriation Acts. (i) Privacy protections \n(1) Destruction or return of information required \nUpon the conclusion of the matter or need for which individually identifiable information was disclosed to the Commission, the Commission shall either destroy the individually identifiable information or return it to the person or entity from which it was obtained, unless the individual that is the subject of the individually identifiable information has authorized its disclosure. (2) Disclosure of information prohibited \nAny individual employed by an individual, entity, or organization under contract to the Commission shall be considered an employee of the Commission for the purposes of section 1905 of title 18, United States Code. (3) Proprietary business information and financial information \nThe Commission shall protect from improper use, and may not disclose to any person, proprietary business information and proprietary financial information that may be viewed or obtained by the Commission in the course of carrying out its duties under this section. (4) Individually identifiable information defined \nFor the purposes of this section, the term individually identifiable information means any information, whether oral or recorded in any form or medium, that identifies an individual, or with respect to which there is a reasonable basis to believe that the information can be used to identify an individual. (j) Termination of Commission \nThe Commission shall terminate 30 days after submitting a report under subsection (d)(1). (k) Authorization of appropriations \n(1) In general \nThere is authorized to be appropriated to the Commission $4,750,000 to carry out this Act. (2) Availability \nAny sums appropriated pursuant to the authorization in subsection (a) shall remain available until expended.", "id": "H60CA8BB1A8704AFB9307C8DF3ED32B18", "header": "Commission on Privacy, Freedom, and Homeland Security", "nested": [ { "text": "(a) Establishment \nThere is established a commission to be known as the Commission on Privacy, Freedom, and Homeland Security.", "id": "HE6249398933E442D8EEEAB13F466C500", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Duties of commission \n(1) In general \nThe Commission shall conduct a comprehensive legal and factual study relating to United States efforts to further homeland security in a manner that protects privacy, civil liberties, and individual freedoms. (2) Matters to be studied \nThe matters studied by the Commission under paragraph (1) shall at a minimum include the following: (A) A review of whether Federal agencies are properly assessing the privacy implications of new homeland security technologies before implementing and deploying such technologies. (B) The impact of existing Federal and State privacy statutes and regulations, legislation pending before the Congress, and privacy protection efforts undertaken by the Federal Government, State governments, foreign governments, and international governing bodies on homeland security. (C) The impact of Federal legislation enacted since September 11, 2001, or pending before the Congress, on civil liberties. (D) The likely effectiveness of existing technologies for analyzing public and private sources of data and information to identify terrorists and prevent terrorist acts.", "id": "HE1E571C9C4BC4799B34239EA44CB6992", "header": "Duties of commission", "nested": [], "links": [] }, { "text": "(c) Field hearings \n(1) In general \nThe Commission shall conduct at least 2 field hearings in each of the 5 geographical regions of the United States. (2) Determination of regions \nFor purposes of this subsection, the Commission may determine the boundaries of the 5 geographical regions of the United States.", "id": "HEAFFA28E81F34C758E6470FDA4512347", "header": "Field hearings", "nested": [], "links": [] }, { "text": "(d) Report \n(1) In general \nNo later than 24 months after the date on which the Commission first meets, the Commission shall submit to the President and the Congress a comprehensive report of the Commission’s findings, recommendations, and conclusions. Such report shall include a summary of the report submitted to the Commission by the National Research Council under subsection (g)(9), and a summary of any other material relied on by the Commission in the preparation of its report. (2) Recommendations \nThe report under paragraph (1) shall include recommendations regarding the following: (A) Steps Federal agencies should take when considering new homeland security technologies to ensure that privacy implications are adequately considered before such technologies are implemented. (B) Whether additional legislation is necessary to reform or augment current laws and regulations relating to privacy and homeland security, including specific reform proposals and an analysis of the financial costs of any proposed changes. (C) Safeguards and protection that should be in place when the Federal Government uses an individual’s personally identifiable information obtained from a commercial database or a list for counterterrorism and homeland security purposes. (3) Additional report \nThe Commission shall submit to the Congress and the President, with the report under paragraph (1), any additional report of dissenting opinions or minority views by any member of the Commission. (4) Interim report \nThe Commission may submit to the Congress and the President interim reports approved by a majority of the members of the Commission.", "id": "HDF499A042DC740D8B56612A2A071107B", "header": "Report", "nested": [], "links": [] }, { "text": "(e) Structure of Commission \n(1) Member and appointment \nThe Commission shall be composed of 10 members appointed as follows: (A) 1 member appointed by the President, who shall be the chairperson of the Commission. (B) 1 member appointed jointly by the minority leader of the House of Representatives and the minority leader of the Senate, who shall be the vice chairperson of the Commission. (C) 2 members appointed by the majority leader of the House of Representatives. (D) 2 members appointed by the minority leader of the House of Representatives. (E) 2 members appointed by the majority leader of the Senate. (F) 2 members appointed by the minority leader of the Senate. (2) Qualifications of members \nThe appointing authorities under subsection (1) shall seek to ensure that the membership of the Commission has a diversity of views and experiences on the matters to be studied by the Commission, including views and knowledge of law, civil rights and liberties, privacy matters, homeland security, information technology, security, database integration, and law enforcement. (3) Date of appointment \nThe appointment of the members of the Commission shall be made not later than 30 days after the date of the enactment of this Act. (4) Terms \nEach member of the Commission shall be appointed for the life of the Commission. (5) Vacancies \nAny vacancy in the Commission shall be filled in the same manner in which the original appointment was made. (6) Compensation; travel expenses \nMembers of the Commission shall serve without pay, but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (7) Quorum \nA majority of the members of the Commission shall constitute a quorum for purposes of conducting business, except that 2 members of the Commission shall constitute a quorum for purposes of conducting a hearing. (8) Meetings \n(A) In general \nThe Commission shall meet at the call of the Chairperson or a majority of its members. (B) Initial meeting \nNot later than 45 days after the date of the enactment of this Act, the Commission shall hold its initial meeting.", "id": "H0A48586416DD410DAFB2DCFDFDA543C2", "header": "Structure of Commission", "nested": [], "links": [ { "text": "5702", "legal-doc": "usc", "parsable-cite": "usc/5/5702" }, { "text": "5703", "legal-doc": "usc", "parsable-cite": "usc/5/5703" } ] }, { "text": "(f) Director; Staff; Experts and Consultants \n(1) Director \n(A) Appointment \nNot later than 60 days after the date of the enactment of this Act, the Commission shall appoint a Director, without regard to the provisions of title 5, United States Code, governing appointments to the competitive service. (B) Pay \nThe Director shall be paid at the rate payable for level III of the Executive Schedule established under section 5314 of such title. (2) Staff \n(A) Appointment \nThe Director may appoint such staff as the Director determines appropriate, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. (B) Pay \nThe staff of the Commission shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification and General Schedule pay rates, but at rates not in excess of the maximum rate for grade GS–15 of the General Schedule under section 5332 of that title. (3) Experts and consultants \nThe Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (4) Detailees \n(A) In general \nUpon request of the Director, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out this Act. (B) Notice \nBefore making a request under this paragraph, the Director shall give notice of the request to each member of the Commission.", "id": "H13795816C9E74BAD8010C366DC2176CA", "header": "Director; Staff; Experts and Consultants", "nested": [], "links": [ { "text": "chapter 53", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/53" }, { "text": "section 3109(b)", "legal-doc": "usc", "parsable-cite": "usc/5/3109" } ] }, { "text": "(g) Powers of Commission \n(1) Hearings and sessions \nThe Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence to carry out its duties under subsection (b). The Commission may administer oaths or affirmations to witnesses appearing before it. (2) Powers of members and agents \nAny member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (3) Obtaining official information \n(A) Requirement to furnish \nExcept as provided in subparagraph (B), if the Commission submits a request to a Federal department or agency for information necessary to enable the Commission to carry out this Act, the head of that department or agency shall furnish that information to the Commission. (B) Exception for national security \nIf the head of a Federal department or agency determines that it is necessary to withhold requested information from disclosure to protect the national security interests of the United States, the department or agency head shall not furnish that information to the Commission. (4) Mails \nThe Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (5) Administrative support services \nUpon the request of the Director, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out this section. (6) Gifts and donations \nThe Commission may accept, use, and dispose of gifts or donations of services or property to carry out this Act, but only to the extent or in the amounts provided in advance in appropriation Acts. (7) Contracts \nThe Commission may contract with and compensate persons and government agencies for supplies and services, without regard to section 3709 of the Revised Statutes ( 41 U.S.C. 5 ). (8) Subpoena power \n(A) In general \nIf a Federal department or agency or any other person fails to supply information requested by the Commission, the Commission may require by subpoena the production of the information. The Commission shall transmit to the Attorney General a written notice at least 10 days in advance of the issuance of any such subpoena. A subpoena under this paragraph may require the production of materials from any place within the United States. (B) Interrogatories \nThe Commission may, with respect only to information necessary to understand any materials obtained through a subpoena under paragraph (A), issue a subpoena requiring the person producing such materials to answer, either through a sworn deposition or through written answers provided under oath (at the election of the person upon whom the subpoena is served), interrogatories from the Commission regarding such information. A complete recording or transcription shall be made of any deposition made under this paragraph. (C) Certification \nEach person who submits materials or information to the Commission pursuant to a subpoena issued under subparagraph (A) or (B) shall certify to the Commission the authenticity and completeness of all materials or information submitted. (D) Treatment of subpoenas \nAny subpoena issued by the Commission under subparagraph (A) or (B) shall comply with requirements for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure. (E) Failure to obey a subpoena \nIf a person refuses to obey a subpoena issued by the Commission under subparagraph (A) or (B), the Commission may apply to a United States district court for an order requiring that person to comply with such subpoena. The application may be made within the judicial district in which that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. (9) Arrangements with National Research Council \n(A) In general \nIn carrying out its duties under subsection (b), the Commission shall arrange with the National Research Council of the National Academy of Sciences for assistance in conducting the studies required by the Commission under subsection (b)(2), including performance of the analysis required under subsection (b)(2)(C). (B) Report \nThe arrangements entered into under (A) shall require that the National Research Council submit a report to the Commission detailing the results of its efforts no later than 15 months after the date on which the Commission first meets. (C) Use of funds \nOf amounts appropriated to carry out this section, up to $750,000 shall be available to the Commission to carry out this paragraph.", "id": "HEAD6E74D611E43C6BB9E79E0C5DD4C9", "header": "Powers of Commission", "nested": [], "links": [ { "text": "41 U.S.C. 5", "legal-doc": "usc", "parsable-cite": "usc/41/5" } ] }, { "text": "(h) Budget Act compliance \nAny new contract authority authorized by this section shall be effective only to the extent or in the amounts provided in advance in appropriation Acts.", "id": "H6B8E1224069842CFA19E04B351254FA2", "header": "Budget Act compliance", "nested": [], "links": [] }, { "text": "(i) Privacy protections \n(1) Destruction or return of information required \nUpon the conclusion of the matter or need for which individually identifiable information was disclosed to the Commission, the Commission shall either destroy the individually identifiable information or return it to the person or entity from which it was obtained, unless the individual that is the subject of the individually identifiable information has authorized its disclosure. (2) Disclosure of information prohibited \nAny individual employed by an individual, entity, or organization under contract to the Commission shall be considered an employee of the Commission for the purposes of section 1905 of title 18, United States Code. (3) Proprietary business information and financial information \nThe Commission shall protect from improper use, and may not disclose to any person, proprietary business information and proprietary financial information that may be viewed or obtained by the Commission in the course of carrying out its duties under this section. (4) Individually identifiable information defined \nFor the purposes of this section, the term individually identifiable information means any information, whether oral or recorded in any form or medium, that identifies an individual, or with respect to which there is a reasonable basis to believe that the information can be used to identify an individual.", "id": "H7C42080FC8B446FBAD4841A015D28500", "header": "Privacy protections", "nested": [], "links": [ { "text": "section 1905", "legal-doc": "usc", "parsable-cite": "usc/18/1905" } ] }, { "text": "(j) Termination of Commission \nThe Commission shall terminate 30 days after submitting a report under subsection (d)(1).", "id": "H63AA938E99B8480888DBD3F3E84C7636", "header": "Termination of Commission", "nested": [], "links": [] }, { "text": "(k) Authorization of appropriations \n(1) In general \nThere is authorized to be appropriated to the Commission $4,750,000 to carry out this Act. (2) Availability \nAny sums appropriated pursuant to the authorization in subsection (a) shall remain available until expended.", "id": "HD778408B7C0C4B18B3CD47C865DD6BA0", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "5702", "legal-doc": "usc", "parsable-cite": "usc/5/5702" }, { "text": "5703", "legal-doc": "usc", "parsable-cite": "usc/5/5703" }, { "text": "chapter 53", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/53" }, { "text": "section 3109(b)", "legal-doc": "usc", "parsable-cite": "usc/5/3109" }, { "text": "41 U.S.C. 5", "legal-doc": "usc", "parsable-cite": "usc/41/5" }, { "text": "section 1905", "legal-doc": "usc", "parsable-cite": "usc/18/1905" } ] } ]

[ "Oversight and Accountability Committee" ]

[ { "text": "1. Federal Contracts Suspension for Unpaid Fines Resulting from Violations of OSHA that Cause Death of an Employee \n(a) Suspension \nSection 17(e) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 666(e) ) is amended— (1) by striking (e) and inserting (e)(1) ; and (2) by adding at the end the following new paragraph: (2) (A) The Secretary shall suspend a person from procurement activities and nonprocurement activities upon a finding by the Secretary that the person has not paid a fine imposed for a violation of paragraph (1). Such suspension shall continue until a finding by the Secretary that the fine is paid. (B) In this paragraph: (i) The term suspend means to disqualify, pursuant to established administrative procedures, from Government contracting and subcontracting, or from participation in nonprocurement activities. (ii) The term procurement activities means all acquisition programs and activities of the Federal Government, as defined in the Federal Acquisition Regulation. (iii) The term nonprocurement activities means all programs and activities involving Federal financial and nonfinancial assistance and benefits, as covered by Executive Order No. 12549 and the Office of Management and Budget guidelines implementing that order.. (b) Regulations \nThe Federal Acquisition Regulation and the guidelines implementing Executive Order No. 12549 shall be revised to include provisions to carry out the amendments made by subsection (a).", "id": "HB40A200F14E64C729B399789D81B1121", "header": "Federal Contracts Suspension for Unpaid Fines Resulting from Violations of OSHA that Cause Death of an Employee", "nested": [ { "text": "(a) Suspension \nSection 17(e) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 666(e) ) is amended— (1) by striking (e) and inserting (e)(1) ; and (2) by adding at the end the following new paragraph: (2) (A) The Secretary shall suspend a person from procurement activities and nonprocurement activities upon a finding by the Secretary that the person has not paid a fine imposed for a violation of paragraph (1). Such suspension shall continue until a finding by the Secretary that the fine is paid. (B) In this paragraph: (i) The term suspend means to disqualify, pursuant to established administrative procedures, from Government contracting and subcontracting, or from participation in nonprocurement activities. (ii) The term procurement activities means all acquisition programs and activities of the Federal Government, as defined in the Federal Acquisition Regulation. (iii) The term nonprocurement activities means all programs and activities involving Federal financial and nonfinancial assistance and benefits, as covered by Executive Order No. 12549 and the Office of Management and Budget guidelines implementing that order..", "id": "H103B5A34A5DB4906BA2BF5DDF2116CC", "header": "Suspension", "nested": [], "links": [ { "text": "29 U.S.C. 666(e)", "legal-doc": "usc", "parsable-cite": "usc/29/666" } ] }, { "text": "(b) Regulations \nThe Federal Acquisition Regulation and the guidelines implementing Executive Order No. 12549 shall be revised to include provisions to carry out the amendments made by subsection (a).", "id": "H89555ACCBC844901B4A2006DAF0314F5", "header": "Regulations", "nested": [], "links": [] } ], "links": [ { "text": "29 U.S.C. 666(e)", "legal-doc": "usc", "parsable-cite": "usc/29/666" } ] } ]

[ "Education and the Workforce Committee", "Oversight and Accountability Committee" ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the. (b) Table of contents \nSec. 1. Short title; table of contents Sec. 2. References; effective date Title I—General Provisions Sec. 101. Definition of institution of higher education Sec. 101. Definition of institution of higher education Sec. 102. Institutions outside the United States Sec. 123. Restrictions on funds for for-profit schools Sec. 102. New borrower definition Sec. 103. Student speech and association rights Sec. 104. Extension of National Advisory Committee on Institutional Quality and Integrity Sec. 105. Alcohol and drug abuse prevention Sec. 106. Prior rights and obligations Sec. 107. Consumer information and public accountability in higher education Sec. 131. Consumer information and public accountability in higher education Sec. 108. Performance-based organization Title II—Teacher Preparation Sec. 201. Sense of the House of Representatives Title III—Institutional aid Sec. 301. Title III grants for American Indian Tribally Controlled Colleges and Universities Sec. 302. Alaska Native and Native Hawaiian-serving institutions Sec. 303. Grants to part B institutions Sec. 304. Technical amendments Sec. 305. Title III authorizations Title IV—Student assistance Part A—Grants to Students Sec. 401. Pell Grants Sec. 401A. Pell Grants Plus: achievement grants for State scholars Sec. 402. TRIO programs Sec. 403. GEARUP Sec. 404. Federal Supplemental Educational Opportunity Grants Sec. 405. LEAP Sec. 406. HEP/CAMP program Sec. 407. Byrd Scholarship Sec. 408. Child care access Sec. 409. Learning anytime anywhere partnerships Sec. 410. Technical amendments Part B—Federal Family Education Loan Program Sec. 421. Reauthorization of Federal Family Education Loan Program Sec. 422. Loan limits Sec. 423. Interest rates and special allowances Sec. 424. Additional loan terms and conditions Sec. 425. Consolidation loan changes Sec. 426. Unsubsidized Stafford loans Sec. 427. Teacher recruitment and retention Sec. 428. Additional administrative provisions Part C—Federal Work-Study Programs Sec. 441. Authorization of appropriations Sec. 442. Community service Sec. 443. Allocation of funds Sec. 444. Books and supplies Sec. 445. Job location and development Sec. 446. Work colleges Part D—Federal Direct Loan Program Sec. 451. Reauthorization of the Direct Loan Program Part E—Federal Perkins Loan Program Sec. 461. Reauthorization of program Sec. 462. Loan terms and conditions Sec. 463. Loan cancellation Sec. 464. Technical amendments Part F—Need Analysis Sec. 471. Simplified needs test improvements Sec. 472. Additional need analysis amendments Part G—General Provisions Relating to Student Financial Assistance Sec. 481. Definition of academic year Sec. 482. Distance education Sec. 483. Expanding information dissemination regarding eligibility for Pell Grants Sec. 484. Student eligibility Sec. 485. Institutional refunds Sec. 486. Institutional and financial assistance information for students Sec. 487. College access initiative Sec. 485D. College access initiative Sec. 488. Distance education demonstration program Sec. 489. College affordability demonstration program Sec. 486A. College affordability demonstration program Sec. 490. Program participation agreements Sec. 491. Additional technical and conforming amendments Part H—Program Integrity Sec. 495. Accreditation Title V—Developing institutions Sec. 501. Definitional changes Sec. 502. Assurance of enrollment of needy students Sec. 503. Additional amendments Sec. 504. Title V authorization Title VI—Title VI amendments Sec. 601. Sense of the House Title VII—Title VII amendments Sec. 701. Sense of the House Title VIII—Clerical amendments Sec. 801. Clerical amendments Title IX—Student loan forgiveness for families of 9/11 victims Sec. 901. Cancellation of student loan indebtedness for spouses, surviving joint debtors, and parents Title X—Amendments to other education laws Part A—Education of the Deaf Act of 1986 Sec. 1001. Laurent Clerc National Deaf Education Center Sec. 1002. Authority Sec. 1003. Agreement for the National Technical Institute for the Deaf Sec. 1004. Definitions Sec. 1005. Audit Sec. 1006. Reports Sec. 1007. Liaison for educational programs Sec. 1008. Federal endowment programs for Gallaudet University and the National Technical Institute for the Deaf Sec. 1009. Oversight and effect of agreements Sec. 1010. Authorization of appropriations Part B—Additional education laws Sec. 1021. Amendment to Higher Education Amendments of 1998 Sec. 1022. Tribally Controlled College or University Assistance Act of 1978 Sec. 1023. Navajo Community College Act Sec. 1024. Education Amendments of 1992 Sec. 1025. Study of student learning outcomes and public accountability", "id": "H0FA3CEE068824716B32572C27783D086", "header": "Short title; table of contents", "nested": [ { "text": "(a) Short title \nThis Act may be cited as the.", "id": "HF1BDA8064FFB4F76BB9E3CEBDEFF0496", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Table of contents \nSec. 1. Short title; table of contents Sec. 2. References; effective date Title I—General Provisions Sec. 101. Definition of institution of higher education Sec. 101. Definition of institution of higher education Sec. 102. Institutions outside the United States Sec. 123. Restrictions on funds for for-profit schools Sec. 102. New borrower definition Sec. 103. Student speech and association rights Sec. 104. Extension of National Advisory Committee on Institutional Quality and Integrity Sec. 105. Alcohol and drug abuse prevention Sec. 106. Prior rights and obligations Sec. 107. Consumer information and public accountability in higher education Sec. 131. Consumer information and public accountability in higher education Sec. 108. Performance-based organization Title II—Teacher Preparation Sec. 201. Sense of the House of Representatives Title III—Institutional aid Sec. 301. Title III grants for American Indian Tribally Controlled Colleges and Universities Sec. 302. Alaska Native and Native Hawaiian-serving institutions Sec. 303. Grants to part B institutions Sec. 304. Technical amendments Sec. 305. Title III authorizations Title IV—Student assistance Part A—Grants to Students Sec. 401. Pell Grants Sec. 401A. Pell Grants Plus: achievement grants for State scholars Sec. 402. TRIO programs Sec. 403. GEARUP Sec. 404. Federal Supplemental Educational Opportunity Grants Sec. 405. LEAP Sec. 406. HEP/CAMP program Sec. 407. Byrd Scholarship Sec. 408. Child care access Sec. 409. Learning anytime anywhere partnerships Sec. 410. Technical amendments Part B—Federal Family Education Loan Program Sec. 421. Reauthorization of Federal Family Education Loan Program Sec. 422. Loan limits Sec. 423. Interest rates and special allowances Sec. 424. Additional loan terms and conditions Sec. 425. Consolidation loan changes Sec. 426. Unsubsidized Stafford loans Sec. 427. Teacher recruitment and retention Sec. 428. Additional administrative provisions Part C—Federal Work-Study Programs Sec. 441. Authorization of appropriations Sec. 442. Community service Sec. 443. Allocation of funds Sec. 444. Books and supplies Sec. 445. Job location and development Sec. 446. Work colleges Part D—Federal Direct Loan Program Sec. 451. Reauthorization of the Direct Loan Program Part E—Federal Perkins Loan Program Sec. 461. Reauthorization of program Sec. 462. Loan terms and conditions Sec. 463. Loan cancellation Sec. 464. Technical amendments Part F—Need Analysis Sec. 471. Simplified needs test improvements Sec. 472. Additional need analysis amendments Part G—General Provisions Relating to Student Financial Assistance Sec. 481. Definition of academic year Sec. 482. Distance education Sec. 483. Expanding information dissemination regarding eligibility for Pell Grants Sec. 484. Student eligibility Sec. 485. Institutional refunds Sec. 486. Institutional and financial assistance information for students Sec. 487. College access initiative Sec. 485D. College access initiative Sec. 488. Distance education demonstration program Sec. 489. College affordability demonstration program Sec. 486A. College affordability demonstration program Sec. 490. Program participation agreements Sec. 491. Additional technical and conforming amendments Part H—Program Integrity Sec. 495. Accreditation Title V—Developing institutions Sec. 501. Definitional changes Sec. 502. Assurance of enrollment of needy students Sec. 503. Additional amendments Sec. 504. Title V authorization Title VI—Title VI amendments Sec. 601. Sense of the House Title VII—Title VII amendments Sec. 701. Sense of the House Title VIII—Clerical amendments Sec. 801. Clerical amendments Title IX—Student loan forgiveness for families of 9/11 victims Sec. 901. Cancellation of student loan indebtedness for spouses, surviving joint debtors, and parents Title X—Amendments to other education laws Part A—Education of the Deaf Act of 1986 Sec. 1001. Laurent Clerc National Deaf Education Center Sec. 1002. Authority Sec. 1003. Agreement for the National Technical Institute for the Deaf Sec. 1004. Definitions Sec. 1005. Audit Sec. 1006. Reports Sec. 1007. Liaison for educational programs Sec. 1008. Federal endowment programs for Gallaudet University and the National Technical Institute for the Deaf Sec. 1009. Oversight and effect of agreements Sec. 1010. Authorization of appropriations Part B—Additional education laws Sec. 1021. Amendment to Higher Education Amendments of 1998 Sec. 1022. Tribally Controlled College or University Assistance Act of 1978 Sec. 1023. Navajo Community College Act Sec. 1024. Education Amendments of 1992 Sec. 1025. Study of student learning outcomes and public accountability", "id": "HC31B782022D34DE4893CA14206155D4D", "header": "Table of contents", "nested": [], "links": [] } ], "links": [] }, { "text": "2. References; effective date \n(a) 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. ). (b) Effective date \nExcept as otherwise provided in this Act, the amendments made by this Act shall take effect on the date of enactment of this Act.", "id": "HF7647072254A472DB77D1CD6BD609CD", "header": "References; effective date", "nested": [ { "text": "(a) 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": "H8FA66BCD5E164F4482615F4DB1560074", "header": "References", "nested": [], "links": [ { "text": "20 U.S.C. 1001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1001" } ] }, { "text": "(b) Effective date \nExcept as otherwise provided in this Act, the amendments made by this Act shall take effect on the date of enactment of this Act.", "id": "H2E14140726AD47B6A1038E7C006DF9DB", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "20 U.S.C. 1001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1001" } ] }, { "text": "101. Definition of institution of higher education \n(a) Amendment \nTitle I is amended by striking sections 101 and 102 ( 20 U.S.C. 1001 , 1002) and inserting the following: 101. Definition of institution of higher education \n(a) Institution of higher education \nFor purposes of this Act, the term institution of higher education means an educational institution in any State that— (1) admits as regular students only persons who— (A) meet the requirements of section 484(d)(3), or have a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate; or (B) are beyond the age of compulsory school attendance in the State in which the institution is located; (2) is legally authorized within such State to provide a program of education beyond secondary education; (3)(A) is accredited by a nationally recognized accrediting agency or association; or (B) if not so accredited, is a public or nonprofit institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time; and (4) meets either of the following criteria: (A) is a nonprofit, for-profit, or public institution that— (i) provides an educational program for which the institution awards a bachelor’s degree; (ii) provides not less than a 2-year educational program which is acceptable for full credit towards such a degree; or (iii) provides not less than a 1-year program of training that prepares students for gainful employment in a recognized occupation; or (B) is a nonprofit, for-profit, or public institution that provides an eligible program (as defined in section 481)— (i) for which the institution awards a certificate; and (ii) that prepares students for gainful employment in a recognized occupation. (b) Additional limitations \n(1) For-profit postsecondary institutions \n(A) Duration of accreditation \nA for-profit institution shall not be considered to be an institution of higher education unless such institution is accredited by a nationally recognized accrediting agency or association and such institution has been in existence for at least 2 years. (B) Institutional eligibility only for competitive grants \nFor the purposes of any program providing grants to institutions for use by the institution (and not for distribution among students), a for-profit institution shall not be considered to be an institution of higher education under this section if such grants are awarded on any basis other than competition on the merits of the grant proposal or application. (2) Postsecondary vocational institutions \nA nonprofit or public institution that meets the criteria of subsection (a)(4)(B) shall not be considered to be an institution of higher education unless such institution has been in existence for at least 2 years. (3) Limitations based on management \nAn institution shall not be considered to meet the definition of an institution of higher education in this section if— (A) the institution, or an affiliate of the institution that has the power, by contract or ownership interest, to direct or cause the direction of the management or policies of the institution, has filed for bankruptcy, except that this paragraph shall not apply to a nonprofit institution, the primary function of which is to provide health care educational services (or an affiliate of such an institution that has the power, by contract or ownership interest, to direct or cause the direction of the institution’s management or policies) that filed for bankruptcy under chapter 11 of title 11, United States Code, between July 1, 1998, and December 1, 1998; or (B) the institution, the institution’s owner, or the institution’s chief executive officer has been convicted of, or has pled nolo contendere or guilty to, a crime involving the acquisition, use, or expenditure of Federal funds, or has been judicially determined to have committed a crime involving the acquisition, use, or expenditure involving Federal funds. (4) Limitation on course of study or enrollment \nAn institution shall not be considered to meet the definition of an institution of higher education in subsection (a) if such institution— (A) offers more than 50 percent of such institution's courses by correspondence (excluding courses offered by telecommunications as defined in 484( l )(4)), unless the institution is an institution that meets the definition in section 3(3)(C) of the Carl D. Perkins Vocational and Technical Education Act of 1998; (B) enrolls 50 percent or more of the institution's students in correspondence courses (excluding courses offered by telecommunications as defined in 484( l )(4)), unless the institution is an institution that meets the definition in section 3(3)(C) of the Carl D. Perkins Vocational and Technical Education Act of 1998, except that the Secretary, at the request of the institution, may waive the applicability of this subparagraph to the institution for good cause, as determined by the Secretary in the case of an institution of higher education that provides a 2- or 4-year program of instruction (or both) for which the institution awards an associate or baccalaureate degree, respectively; (C) has a student enrollment in which more than 25 percent of the students are incarcerated, except that the Secretary may waive the limitation contained in this subparagraph for an institution that provides a 2- or 4-year program of instruction (or both) for which the institution awards a bachelor's degree, or an associate's degree or a postsecondary certificate, respectively; or (D) has a student enrollment in which more than 50 percent of the students either do not meet the requirements of section 484(d)(3) or do not have a secondary school diploma or its recognized equivalent, and does not provide a 2- or 4-year program of instruction (or both) for which the institution awards an associate's degree or a bachelor's degree, respectively, except that the Secretary may waive the limitation contained in this subparagraph if an institution demonstrates to the satisfaction of the Secretary that the institution exceeds such limitation because the institution serves, through contracts with Federal, State, or local government agencies, significant numbers of students who do not meet the requirements of section 484(d)(3) or do not have a secondary school diploma or its recognized equivalent. (c) List of accrediting agencies \nFor purposes of this section, the Secretary shall publish a list of nationally recognized accrediting agencies or associations that the Secretary determines, pursuant to subpart 2 of part H of title IV, to be reliable authority as to the quality of the education or training offered. (d) Certification \nThe Secretary shall certify, for the purposes of participation in title IV, an institution’s qualification as an institution of higher education in accordance with the requirements of subpart 3 of part H of title IV. (e) Loss of eligibility \nAn institution of higher education shall not be considered to meet the definition of an institution of higher education in this section for the purposes of participation in title IV if such institution is removed from eligibility for funds under title IV as a result of an action pursuant to part H of title IV. 102. Institutions outside the United States \n(a) Institutions outside the United States \n(1) In General \nAn institution outside the United States shall be considered to be an institution of higher education only for purposes of part B of title IV if the institution is comparable to an institution of higher education, as defined in section 101, is legally authorized by the education ministry (or comparable agency) of the country in which the school is located, and has been approved by the Secretary for purposes of that part. The Secretary shall establish criteria by regulation for that approval and that determination of comparability. An institution may not be so approved or determined to be comparable unless such institution is a public or nonprofit institution, except that, subject to paragraph (2)(B) , a graduate medical school or veterinary school located outside the United States may be a for-profit institution. (2) Medical and veterinary school criteria \nIn the case of a graduate medical or veterinary school outside the United States, such criteria shall include a requirement that a student attending such school outside the United States is ineligible for loans made, insured, or guaranteed under part B of title IV unless— (A) in the case of a graduate medical school located outside the United States— (i) (I) at least 60 percent of those enrolled in, and at least 60 percent of the graduates of, the graduate medical school outside the United States were not persons described in section 484(a)(5) in the year preceding the year for which a student is seeking a loan under part B of title IV; and (II) at least 60 percent of the individuals who were students or graduates of the graduate medical school outside the United States or Canada (both nationals of the United States and others) taking the examinations administered by the Educational Commission for Foreign Medical Graduates received a passing score in the year preceding the year for which a student is seeking a loan under part B of title IV; or (ii) the institution has a clinical training program that was approved by a State as of January 1, 1992; or (B) in the case of a veterinary school located outside the United States that is not a public or nonprofit institution, the institution’s students complete their clinical training at an approved veterinary school located in the United States. (b) Advisory panel \n(1) In general \nFor the purpose of qualifying a foreign medical school as an institution of higher education only for purposes of part B of title IV, the Secretary shall publish qualifying criteria by regulation and establish an advisory panel of medical experts that shall— (A) evaluate the standards of accreditation applied to applicant foreign medical schools; and (B) determine the comparability of those standards to standards for accreditation applied to United States medical schools. (2) Failure to release information \nThe failure of an institution outside the United States to provide, release, or authorize release to the Secretary of such information as may be required by subsection (a)(2) shall render such institution ineligible for the purpose of part B of title IV. (c) Special rule \nIf, pursuant to this section, an institution located outside the United States loses eligibility to participate in the programs under part B of title IV, then a student enrolled at such institution may, notwithstanding such loss of eligibility, continue to be eligible to receive a loan under part B of title IV while attending such institution for the academic year succeeding the academic year in which such loss of eligibility occurred.. (b) Restrictions on funds for for-profit schools \nPart B of title I is amended by inserting after section 122 ( 20 U.S.C. 1011k ) the following new section: 123. Restrictions on funds for for-profit schools \n(a) In general \nNotwithstanding any other provision of this Act authorizing the use of funds by an institution of higher education that receives funds under this Act, none of the funds made available under this Act to a for-profit institution of higher education may be used for— (1) construction, maintenance, renovation, repair, or improvement of classrooms, libraries, laboratories, or other facilities; (2) establishing, improving, or increasing an endowment fund; or (3) establishing or improving an institutional development office to strengthen or improve contributions from alumni and the private sector. (b) Exception \nSubsection (a) shall not apply to funds received by the institution from the grant, loan, or work assistance that is awarded under title IV to the students attending such institution.. (c) Conforming amendments \n(1) Section 114(a) ( 20 U.S.C. 1011c(a) ) is amended by striking (as defined in section 102). (2) Section 428K(b) ( 20 U.S.C. 1078–11(b) ) is amended by striking paragraph (5). (3) Section 435(a)(1) ( 20 U.S.C. 1085(a)(1) ) is amended by striking section 102 and inserting section 101. (4) Subsection (d) of section 484 ( 20 U.S.C. 1091(d) ) is amended by striking the designation and heading of such subsection and inserting the following: (d) Satisfaction of secondary education standards \n. (5) Section 486(b)(2) ( 20 U.S.C. 1093(b)(2) ) is amended by striking 102(a)(3)(A), 102(a)(3)(B) and inserting 101(b)(4)(A), 101(b)(4)(B). (6) Section 487(c)(1)(A)(iii) ( 20 U.S.C. 1094(c)(1)(A)(iii) ) is amended by striking section 102(a)(1)(C) and inserting section 102. (7) Section 487(d) ( 20 U.S.C. 1094(d) ) is amended by striking section 102 and inserting section 101. (8) Subsections (j) and (k) of section 496 ( 20 U.S.C. 1099b(j) , (k)) are each amended by striking section 102 and inserting section 101. (9) Section 498(g)(3) ( 20 U.S.C. 1099c(g)(3) ) is amended by striking section 102(a)(1)(C) and inserting section 102. (10) Section 498(i) ( 20 U.S.C. 1099c(i) ) is amended by striking section 102 and inserting section 101. (11) Section 498(j)(1) ( 20 U.S.C. 1099c ) is amended by striking except that such branch shall not be required to meet the requirements of sections 102(b)(1)(E) and 102(c)(1)(C) prior to seeking such certification and inserting except that such branch shall not be required to be in existence for at least 2 years prior to seeking such certification. (12) Section 498B(b) ( 20 U.S.C. 1099c–2(b) ) is amended by striking section 102(a)(1)(C) and inserting section 102.", "id": "H172D9C5D636F4FC4815F4BE755FA312F", "header": "Definition of institution of higher education", "nested": [ { "text": "(a) Amendment \nTitle I is amended by striking sections 101 and 102 ( 20 U.S.C. 1001 , 1002) and inserting the following: 101. Definition of institution of higher education \n(a) Institution of higher education \nFor purposes of this Act, the term institution of higher education means an educational institution in any State that— (1) admits as regular students only persons who— (A) meet the requirements of section 484(d)(3), or have a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate; or (B) are beyond the age of compulsory school attendance in the State in which the institution is located; (2) is legally authorized within such State to provide a program of education beyond secondary education; (3)(A) is accredited by a nationally recognized accrediting agency or association; or (B) if not so accredited, is a public or nonprofit institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time; and (4) meets either of the following criteria: (A) is a nonprofit, for-profit, or public institution that— (i) provides an educational program for which the institution awards a bachelor’s degree; (ii) provides not less than a 2-year educational program which is acceptable for full credit towards such a degree; or (iii) provides not less than a 1-year program of training that prepares students for gainful employment in a recognized occupation; or (B) is a nonprofit, for-profit, or public institution that provides an eligible program (as defined in section 481)— (i) for which the institution awards a certificate; and (ii) that prepares students for gainful employment in a recognized occupation. (b) Additional limitations \n(1) For-profit postsecondary institutions \n(A) Duration of accreditation \nA for-profit institution shall not be considered to be an institution of higher education unless such institution is accredited by a nationally recognized accrediting agency or association and such institution has been in existence for at least 2 years. (B) Institutional eligibility only for competitive grants \nFor the purposes of any program providing grants to institutions for use by the institution (and not for distribution among students), a for-profit institution shall not be considered to be an institution of higher education under this section if such grants are awarded on any basis other than competition on the merits of the grant proposal or application. (2) Postsecondary vocational institutions \nA nonprofit or public institution that meets the criteria of subsection (a)(4)(B) shall not be considered to be an institution of higher education unless such institution has been in existence for at least 2 years. (3) Limitations based on management \nAn institution shall not be considered to meet the definition of an institution of higher education in this section if— (A) the institution, or an affiliate of the institution that has the power, by contract or ownership interest, to direct or cause the direction of the management or policies of the institution, has filed for bankruptcy, except that this paragraph shall not apply to a nonprofit institution, the primary function of which is to provide health care educational services (or an affiliate of such an institution that has the power, by contract or ownership interest, to direct or cause the direction of the institution’s management or policies) that filed for bankruptcy under chapter 11 of title 11, United States Code, between July 1, 1998, and December 1, 1998; or (B) the institution, the institution’s owner, or the institution’s chief executive officer has been convicted of, or has pled nolo contendere or guilty to, a crime involving the acquisition, use, or expenditure of Federal funds, or has been judicially determined to have committed a crime involving the acquisition, use, or expenditure involving Federal funds. (4) Limitation on course of study or enrollment \nAn institution shall not be considered to meet the definition of an institution of higher education in subsection (a) if such institution— (A) offers more than 50 percent of such institution's courses by correspondence (excluding courses offered by telecommunications as defined in 484( l )(4)), unless the institution is an institution that meets the definition in section 3(3)(C) of the Carl D. Perkins Vocational and Technical Education Act of 1998; (B) enrolls 50 percent or more of the institution's students in correspondence courses (excluding courses offered by telecommunications as defined in 484( l )(4)), unless the institution is an institution that meets the definition in section 3(3)(C) of the Carl D. Perkins Vocational and Technical Education Act of 1998, except that the Secretary, at the request of the institution, may waive the applicability of this subparagraph to the institution for good cause, as determined by the Secretary in the case of an institution of higher education that provides a 2- or 4-year program of instruction (or both) for which the institution awards an associate or baccalaureate degree, respectively; (C) has a student enrollment in which more than 25 percent of the students are incarcerated, except that the Secretary may waive the limitation contained in this subparagraph for an institution that provides a 2- or 4-year program of instruction (or both) for which the institution awards a bachelor's degree, or an associate's degree or a postsecondary certificate, respectively; or (D) has a student enrollment in which more than 50 percent of the students either do not meet the requirements of section 484(d)(3) or do not have a secondary school diploma or its recognized equivalent, and does not provide a 2- or 4-year program of instruction (or both) for which the institution awards an associate's degree or a bachelor's degree, respectively, except that the Secretary may waive the limitation contained in this subparagraph if an institution demonstrates to the satisfaction of the Secretary that the institution exceeds such limitation because the institution serves, through contracts with Federal, State, or local government agencies, significant numbers of students who do not meet the requirements of section 484(d)(3) or do not have a secondary school diploma or its recognized equivalent. (c) List of accrediting agencies \nFor purposes of this section, the Secretary shall publish a list of nationally recognized accrediting agencies or associations that the Secretary determines, pursuant to subpart 2 of part H of title IV, to be reliable authority as to the quality of the education or training offered. (d) Certification \nThe Secretary shall certify, for the purposes of participation in title IV, an institution’s qualification as an institution of higher education in accordance with the requirements of subpart 3 of part H of title IV. (e) Loss of eligibility \nAn institution of higher education shall not be considered to meet the definition of an institution of higher education in this section for the purposes of participation in title IV if such institution is removed from eligibility for funds under title IV as a result of an action pursuant to part H of title IV. 102. Institutions outside the United States \n(a) Institutions outside the United States \n(1) In General \nAn institution outside the United States shall be considered to be an institution of higher education only for purposes of part B of title IV if the institution is comparable to an institution of higher education, as defined in section 101, is legally authorized by the education ministry (or comparable agency) of the country in which the school is located, and has been approved by the Secretary for purposes of that part. The Secretary shall establish criteria by regulation for that approval and that determination of comparability. An institution may not be so approved or determined to be comparable unless such institution is a public or nonprofit institution, except that, subject to paragraph (2)(B) , a graduate medical school or veterinary school located outside the United States may be a for-profit institution. (2) Medical and veterinary school criteria \nIn the case of a graduate medical or veterinary school outside the United States, such criteria shall include a requirement that a student attending such school outside the United States is ineligible for loans made, insured, or guaranteed under part B of title IV unless— (A) in the case of a graduate medical school located outside the United States— (i) (I) at least 60 percent of those enrolled in, and at least 60 percent of the graduates of, the graduate medical school outside the United States were not persons described in section 484(a)(5) in the year preceding the year for which a student is seeking a loan under part B of title IV; and (II) at least 60 percent of the individuals who were students or graduates of the graduate medical school outside the United States or Canada (both nationals of the United States and others) taking the examinations administered by the Educational Commission for Foreign Medical Graduates received a passing score in the year preceding the year for which a student is seeking a loan under part B of title IV; or (ii) the institution has a clinical training program that was approved by a State as of January 1, 1992; or (B) in the case of a veterinary school located outside the United States that is not a public or nonprofit institution, the institution’s students complete their clinical training at an approved veterinary school located in the United States. (b) Advisory panel \n(1) In general \nFor the purpose of qualifying a foreign medical school as an institution of higher education only for purposes of part B of title IV, the Secretary shall publish qualifying criteria by regulation and establish an advisory panel of medical experts that shall— (A) evaluate the standards of accreditation applied to applicant foreign medical schools; and (B) determine the comparability of those standards to standards for accreditation applied to United States medical schools. (2) Failure to release information \nThe failure of an institution outside the United States to provide, release, or authorize release to the Secretary of such information as may be required by subsection (a)(2) shall render such institution ineligible for the purpose of part B of title IV. (c) Special rule \nIf, pursuant to this section, an institution located outside the United States loses eligibility to participate in the programs under part B of title IV, then a student enrolled at such institution may, notwithstanding such loss of eligibility, continue to be eligible to receive a loan under part B of title IV while attending such institution for the academic year succeeding the academic year in which such loss of eligibility occurred..", "id": "H52157F0E8BF4469C8C75FD1920BDFB00", "header": "Amendment", "nested": [], "links": [ { "text": "20 U.S.C. 1001", "legal-doc": "usc", "parsable-cite": "usc/20/1001" }, { "text": "chapter 11", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/11/11" } ] }, { "text": "(b) Restrictions on funds for for-profit schools \nPart B of title I is amended by inserting after section 122 ( 20 U.S.C. 1011k ) the following new section: 123. Restrictions on funds for for-profit schools \n(a) In general \nNotwithstanding any other provision of this Act authorizing the use of funds by an institution of higher education that receives funds under this Act, none of the funds made available under this Act to a for-profit institution of higher education may be used for— (1) construction, maintenance, renovation, repair, or improvement of classrooms, libraries, laboratories, or other facilities; (2) establishing, improving, or increasing an endowment fund; or (3) establishing or improving an institutional development office to strengthen or improve contributions from alumni and the private sector. (b) Exception \nSubsection (a) shall not apply to funds received by the institution from the grant, loan, or work assistance that is awarded under title IV to the students attending such institution..", "id": "HCE1533DF607A4CD8B3417F9E7BEE00B1", "header": "Restrictions on funds for for-profit schools", "nested": [], "links": [ { "text": "20 U.S.C. 1011k", "legal-doc": "usc", "parsable-cite": "usc/20/1011k" } ] }, { "text": "(c) Conforming amendments \n(1) Section 114(a) ( 20 U.S.C. 1011c(a) ) is amended by striking (as defined in section 102). (2) Section 428K(b) ( 20 U.S.C. 1078–11(b) ) is amended by striking paragraph (5). (3) Section 435(a)(1) ( 20 U.S.C. 1085(a)(1) ) is amended by striking section 102 and inserting section 101. (4) Subsection (d) of section 484 ( 20 U.S.C. 1091(d) ) is amended by striking the designation and heading of such subsection and inserting the following: (d) Satisfaction of secondary education standards \n. (5) Section 486(b)(2) ( 20 U.S.C. 1093(b)(2) ) is amended by striking 102(a)(3)(A), 102(a)(3)(B) and inserting 101(b)(4)(A), 101(b)(4)(B). (6) Section 487(c)(1)(A)(iii) ( 20 U.S.C. 1094(c)(1)(A)(iii) ) is amended by striking section 102(a)(1)(C) and inserting section 102. (7) Section 487(d) ( 20 U.S.C. 1094(d) ) is amended by striking section 102 and inserting section 101. (8) Subsections (j) and (k) of section 496 ( 20 U.S.C. 1099b(j) , (k)) are each amended by striking section 102 and inserting section 101. (9) Section 498(g)(3) ( 20 U.S.C. 1099c(g)(3) ) is amended by striking section 102(a)(1)(C) and inserting section 102. (10) Section 498(i) ( 20 U.S.C. 1099c(i) ) is amended by striking section 102 and inserting section 101. (11) Section 498(j)(1) ( 20 U.S.C. 1099c ) is amended by striking except that such branch shall not be required to meet the requirements of sections 102(b)(1)(E) and 102(c)(1)(C) prior to seeking such certification and inserting except that such branch shall not be required to be in existence for at least 2 years prior to seeking such certification. (12) Section 498B(b) ( 20 U.S.C. 1099c–2(b) ) is amended by striking section 102(a)(1)(C) and inserting section 102.", "id": "HD2E232968CD640D383534DA1C8821CBC", "header": "Conforming amendments", "nested": [], "links": [ { "text": "20 U.S.C. 1011c(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1011c" }, { "text": "20 U.S.C. 1078–11(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1078-11" }, { "text": "20 U.S.C. 1085(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1085" }, { "text": "20 U.S.C. 1091(d)", "legal-doc": "usc", "parsable-cite": "usc/20/1091" }, { "text": "20 U.S.C. 1093(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/20/1093" }, { "text": "20 U.S.C. 1094(c)(1)(A)(iii)", "legal-doc": "usc", "parsable-cite": "usc/20/1094" }, { "text": "20 U.S.C. 1094(d)", "legal-doc": "usc", "parsable-cite": "usc/20/1094" }, { "text": "20 U.S.C. 1099b(j)", "legal-doc": "usc", "parsable-cite": "usc/20/1099b" }, { "text": "20 U.S.C. 1099c(g)(3)", "legal-doc": "usc", "parsable-cite": "usc/20/1099c" }, { "text": "20 U.S.C. 1099c(i)", "legal-doc": "usc", "parsable-cite": "usc/20/1099c" }, { "text": "20 U.S.C. 1099c", "legal-doc": "usc", "parsable-cite": "usc/20/1099c" }, { "text": "20 U.S.C. 1099c–2(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1099c-2" } ] } ], "links": [ { "text": "20 U.S.C. 1001", "legal-doc": "usc", "parsable-cite": "usc/20/1001" }, { "text": "chapter 11", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/11/11" }, { "text": "20 U.S.C. 1011k", "legal-doc": "usc", "parsable-cite": "usc/20/1011k" }, { "text": "20 U.S.C. 1011c(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1011c" }, { "text": "20 U.S.C. 1078–11(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1078-11" }, { "text": "20 U.S.C. 1085(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1085" }, { "text": "20 U.S.C. 1091(d)", "legal-doc": "usc", "parsable-cite": "usc/20/1091" }, { "text": "20 U.S.C. 1093(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/20/1093" }, { "text": "20 U.S.C. 1094(c)(1)(A)(iii)", "legal-doc": "usc", "parsable-cite": "usc/20/1094" }, { "text": "20 U.S.C. 1094(d)", "legal-doc": "usc", "parsable-cite": "usc/20/1094" }, { "text": "20 U.S.C. 1099b(j)", "legal-doc": "usc", "parsable-cite": "usc/20/1099b" }, { "text": "20 U.S.C. 1099c(g)(3)", "legal-doc": "usc", "parsable-cite": "usc/20/1099c" }, { "text": "20 U.S.C. 1099c(i)", "legal-doc": "usc", "parsable-cite": "usc/20/1099c" }, { "text": "20 U.S.C. 1099c", "legal-doc": "usc", "parsable-cite": "usc/20/1099c" }, { "text": "20 U.S.C. 1099c–2(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1099c-2" } ] }, { "text": "101. Definition of institution of higher education \n(a) Institution of higher education \nFor purposes of this Act, the term institution of higher education means an educational institution in any State that— (1) admits as regular students only persons who— (A) meet the requirements of section 484(d)(3), or have a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate; or (B) are beyond the age of compulsory school attendance in the State in which the institution is located; (2) is legally authorized within such State to provide a program of education beyond secondary education; (3)(A) is accredited by a nationally recognized accrediting agency or association; or (B) if not so accredited, is a public or nonprofit institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time; and (4) meets either of the following criteria: (A) is a nonprofit, for-profit, or public institution that— (i) provides an educational program for which the institution awards a bachelor’s degree; (ii) provides not less than a 2-year educational program which is acceptable for full credit towards such a degree; or (iii) provides not less than a 1-year program of training that prepares students for gainful employment in a recognized occupation; or (B) is a nonprofit, for-profit, or public institution that provides an eligible program (as defined in section 481)— (i) for which the institution awards a certificate; and (ii) that prepares students for gainful employment in a recognized occupation. (b) Additional limitations \n(1) For-profit postsecondary institutions \n(A) Duration of accreditation \nA for-profit institution shall not be considered to be an institution of higher education unless such institution is accredited by a nationally recognized accrediting agency or association and such institution has been in existence for at least 2 years. (B) Institutional eligibility only for competitive grants \nFor the purposes of any program providing grants to institutions for use by the institution (and not for distribution among students), a for-profit institution shall not be considered to be an institution of higher education under this section if such grants are awarded on any basis other than competition on the merits of the grant proposal or application. (2) Postsecondary vocational institutions \nA nonprofit or public institution that meets the criteria of subsection (a)(4)(B) shall not be considered to be an institution of higher education unless such institution has been in existence for at least 2 years. (3) Limitations based on management \nAn institution shall not be considered to meet the definition of an institution of higher education in this section if— (A) the institution, or an affiliate of the institution that has the power, by contract or ownership interest, to direct or cause the direction of the management or policies of the institution, has filed for bankruptcy, except that this paragraph shall not apply to a nonprofit institution, the primary function of which is to provide health care educational services (or an affiliate of such an institution that has the power, by contract or ownership interest, to direct or cause the direction of the institution’s management or policies) that filed for bankruptcy under chapter 11 of title 11, United States Code, between July 1, 1998, and December 1, 1998; or (B) the institution, the institution’s owner, or the institution’s chief executive officer has been convicted of, or has pled nolo contendere or guilty to, a crime involving the acquisition, use, or expenditure of Federal funds, or has been judicially determined to have committed a crime involving the acquisition, use, or expenditure involving Federal funds. (4) Limitation on course of study or enrollment \nAn institution shall not be considered to meet the definition of an institution of higher education in subsection (a) if such institution— (A) offers more than 50 percent of such institution's courses by correspondence (excluding courses offered by telecommunications as defined in 484( l )(4)), unless the institution is an institution that meets the definition in section 3(3)(C) of the Carl D. Perkins Vocational and Technical Education Act of 1998; (B) enrolls 50 percent or more of the institution's students in correspondence courses (excluding courses offered by telecommunications as defined in 484( l )(4)), unless the institution is an institution that meets the definition in section 3(3)(C) of the Carl D. Perkins Vocational and Technical Education Act of 1998, except that the Secretary, at the request of the institution, may waive the applicability of this subparagraph to the institution for good cause, as determined by the Secretary in the case of an institution of higher education that provides a 2- or 4-year program of instruction (or both) for which the institution awards an associate or baccalaureate degree, respectively; (C) has a student enrollment in which more than 25 percent of the students are incarcerated, except that the Secretary may waive the limitation contained in this subparagraph for an institution that provides a 2- or 4-year program of instruction (or both) for which the institution awards a bachelor's degree, or an associate's degree or a postsecondary certificate, respectively; or (D) has a student enrollment in which more than 50 percent of the students either do not meet the requirements of section 484(d)(3) or do not have a secondary school diploma or its recognized equivalent, and does not provide a 2- or 4-year program of instruction (or both) for which the institution awards an associate's degree or a bachelor's degree, respectively, except that the Secretary may waive the limitation contained in this subparagraph if an institution demonstrates to the satisfaction of the Secretary that the institution exceeds such limitation because the institution serves, through contracts with Federal, State, or local government agencies, significant numbers of students who do not meet the requirements of section 484(d)(3) or do not have a secondary school diploma or its recognized equivalent. (c) List of accrediting agencies \nFor purposes of this section, the Secretary shall publish a list of nationally recognized accrediting agencies or associations that the Secretary determines, pursuant to subpart 2 of part H of title IV, to be reliable authority as to the quality of the education or training offered. (d) Certification \nThe Secretary shall certify, for the purposes of participation in title IV, an institution’s qualification as an institution of higher education in accordance with the requirements of subpart 3 of part H of title IV. (e) Loss of eligibility \nAn institution of higher education shall not be considered to meet the definition of an institution of higher education in this section for the purposes of participation in title IV if such institution is removed from eligibility for funds under title IV as a result of an action pursuant to part H of title IV.", "id": "H338576F05B9D45DDB5689B8900796DDD", "header": "Definition of institution of higher education", "nested": [ { "text": "(a) Institution of higher education \nFor purposes of this Act, the term institution of higher education means an educational institution in any State that— (1) admits as regular students only persons who— (A) meet the requirements of section 484(d)(3), or have a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate; or (B) are beyond the age of compulsory school attendance in the State in which the institution is located; (2) is legally authorized within such State to provide a program of education beyond secondary education; (3)(A) is accredited by a nationally recognized accrediting agency or association; or (B) if not so accredited, is a public or nonprofit institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time; and (4) meets either of the following criteria: (A) is a nonprofit, for-profit, or public institution that— (i) provides an educational program for which the institution awards a bachelor’s degree; (ii) provides not less than a 2-year educational program which is acceptable for full credit towards such a degree; or (iii) provides not less than a 1-year program of training that prepares students for gainful employment in a recognized occupation; or (B) is a nonprofit, for-profit, or public institution that provides an eligible program (as defined in section 481)— (i) for which the institution awards a certificate; and (ii) that prepares students for gainful employment in a recognized occupation.", "id": "HE7BB048348184001B7F6341CCBCB5900", "header": "Institution of higher education", "nested": [], "links": [] }, { "text": "(b) Additional limitations \n(1) For-profit postsecondary institutions \n(A) Duration of accreditation \nA for-profit institution shall not be considered to be an institution of higher education unless such institution is accredited by a nationally recognized accrediting agency or association and such institution has been in existence for at least 2 years. (B) Institutional eligibility only for competitive grants \nFor the purposes of any program providing grants to institutions for use by the institution (and not for distribution among students), a for-profit institution shall not be considered to be an institution of higher education under this section if such grants are awarded on any basis other than competition on the merits of the grant proposal or application. (2) Postsecondary vocational institutions \nA nonprofit or public institution that meets the criteria of subsection (a)(4)(B) shall not be considered to be an institution of higher education unless such institution has been in existence for at least 2 years. (3) Limitations based on management \nAn institution shall not be considered to meet the definition of an institution of higher education in this section if— (A) the institution, or an affiliate of the institution that has the power, by contract or ownership interest, to direct or cause the direction of the management or policies of the institution, has filed for bankruptcy, except that this paragraph shall not apply to a nonprofit institution, the primary function of which is to provide health care educational services (or an affiliate of such an institution that has the power, by contract or ownership interest, to direct or cause the direction of the institution’s management or policies) that filed for bankruptcy under chapter 11 of title 11, United States Code, between July 1, 1998, and December 1, 1998; or (B) the institution, the institution’s owner, or the institution’s chief executive officer has been convicted of, or has pled nolo contendere or guilty to, a crime involving the acquisition, use, or expenditure of Federal funds, or has been judicially determined to have committed a crime involving the acquisition, use, or expenditure involving Federal funds. (4) Limitation on course of study or enrollment \nAn institution shall not be considered to meet the definition of an institution of higher education in subsection (a) if such institution— (A) offers more than 50 percent of such institution's courses by correspondence (excluding courses offered by telecommunications as defined in 484( l )(4)), unless the institution is an institution that meets the definition in section 3(3)(C) of the Carl D. Perkins Vocational and Technical Education Act of 1998; (B) enrolls 50 percent or more of the institution's students in correspondence courses (excluding courses offered by telecommunications as defined in 484( l )(4)), unless the institution is an institution that meets the definition in section 3(3)(C) of the Carl D. Perkins Vocational and Technical Education Act of 1998, except that the Secretary, at the request of the institution, may waive the applicability of this subparagraph to the institution for good cause, as determined by the Secretary in the case of an institution of higher education that provides a 2- or 4-year program of instruction (or both) for which the institution awards an associate or baccalaureate degree, respectively; (C) has a student enrollment in which more than 25 percent of the students are incarcerated, except that the Secretary may waive the limitation contained in this subparagraph for an institution that provides a 2- or 4-year program of instruction (or both) for which the institution awards a bachelor's degree, or an associate's degree or a postsecondary certificate, respectively; or (D) has a student enrollment in which more than 50 percent of the students either do not meet the requirements of section 484(d)(3) or do not have a secondary school diploma or its recognized equivalent, and does not provide a 2- or 4-year program of instruction (or both) for which the institution awards an associate's degree or a bachelor's degree, respectively, except that the Secretary may waive the limitation contained in this subparagraph if an institution demonstrates to the satisfaction of the Secretary that the institution exceeds such limitation because the institution serves, through contracts with Federal, State, or local government agencies, significant numbers of students who do not meet the requirements of section 484(d)(3) or do not have a secondary school diploma or its recognized equivalent.", "id": "HCB6C71798F4B41BB8B77BCFFD8E8B220", "header": "Additional limitations", "nested": [], "links": [ { "text": "chapter 11", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/11/11" } ] }, { "text": "(c) List of accrediting agencies \nFor purposes of this section, the Secretary shall publish a list of nationally recognized accrediting agencies or associations that the Secretary determines, pursuant to subpart 2 of part H of title IV, to be reliable authority as to the quality of the education or training offered.", "id": "H11C1ABA5E0B54FCE8979B91DE57BD1C3", "header": "List of accrediting agencies", "nested": [], "links": [] }, { "text": "(d) Certification \nThe Secretary shall certify, for the purposes of participation in title IV, an institution’s qualification as an institution of higher education in accordance with the requirements of subpart 3 of part H of title IV.", "id": "HE4E8E230FF50472898C7E500DC4215A8", "header": "Certification", "nested": [], "links": [] }, { "text": "(e) Loss of eligibility \nAn institution of higher education shall not be considered to meet the definition of an institution of higher education in this section for the purposes of participation in title IV if such institution is removed from eligibility for funds under title IV as a result of an action pursuant to part H of title IV.", "id": "H9D21EF445269433AB5F2DE7675011BF0", "header": "Loss of eligibility", "nested": [], "links": [] } ], "links": [ { "text": "chapter 11", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/11/11" } ] }, { "text": "102. Institutions outside the United States \n(a) Institutions outside the United States \n(1) In General \nAn institution outside the United States shall be considered to be an institution of higher education only for purposes of part B of title IV if the institution is comparable to an institution of higher education, as defined in section 101, is legally authorized by the education ministry (or comparable agency) of the country in which the school is located, and has been approved by the Secretary for purposes of that part. The Secretary shall establish criteria by regulation for that approval and that determination of comparability. An institution may not be so approved or determined to be comparable unless such institution is a public or nonprofit institution, except that, subject to paragraph (2)(B) , a graduate medical school or veterinary school located outside the United States may be a for-profit institution. (2) Medical and veterinary school criteria \nIn the case of a graduate medical or veterinary school outside the United States, such criteria shall include a requirement that a student attending such school outside the United States is ineligible for loans made, insured, or guaranteed under part B of title IV unless— (A) in the case of a graduate medical school located outside the United States— (i) (I) at least 60 percent of those enrolled in, and at least 60 percent of the graduates of, the graduate medical school outside the United States were not persons described in section 484(a)(5) in the year preceding the year for which a student is seeking a loan under part B of title IV; and (II) at least 60 percent of the individuals who were students or graduates of the graduate medical school outside the United States or Canada (both nationals of the United States and others) taking the examinations administered by the Educational Commission for Foreign Medical Graduates received a passing score in the year preceding the year for which a student is seeking a loan under part B of title IV; or (ii) the institution has a clinical training program that was approved by a State as of January 1, 1992; or (B) in the case of a veterinary school located outside the United States that is not a public or nonprofit institution, the institution’s students complete their clinical training at an approved veterinary school located in the United States. (b) Advisory panel \n(1) In general \nFor the purpose of qualifying a foreign medical school as an institution of higher education only for purposes of part B of title IV, the Secretary shall publish qualifying criteria by regulation and establish an advisory panel of medical experts that shall— (A) evaluate the standards of accreditation applied to applicant foreign medical schools; and (B) determine the comparability of those standards to standards for accreditation applied to United States medical schools. (2) Failure to release information \nThe failure of an institution outside the United States to provide, release, or authorize release to the Secretary of such information as may be required by subsection (a)(2) shall render such institution ineligible for the purpose of part B of title IV. (c) Special rule \nIf, pursuant to this section, an institution located outside the United States loses eligibility to participate in the programs under part B of title IV, then a student enrolled at such institution may, notwithstanding such loss of eligibility, continue to be eligible to receive a loan under part B of title IV while attending such institution for the academic year succeeding the academic year in which such loss of eligibility occurred.", "id": "H053CF6AD821D4401AA1B63B923A3B4DA", "header": "Institutions outside the United States", "nested": [ { "text": "(a) Institutions outside the United States \n(1) In General \nAn institution outside the United States shall be considered to be an institution of higher education only for purposes of part B of title IV if the institution is comparable to an institution of higher education, as defined in section 101, is legally authorized by the education ministry (or comparable agency) of the country in which the school is located, and has been approved by the Secretary for purposes of that part. The Secretary shall establish criteria by regulation for that approval and that determination of comparability. An institution may not be so approved or determined to be comparable unless such institution is a public or nonprofit institution, except that, subject to paragraph (2)(B) , a graduate medical school or veterinary school located outside the United States may be a for-profit institution. (2) Medical and veterinary school criteria \nIn the case of a graduate medical or veterinary school outside the United States, such criteria shall include a requirement that a student attending such school outside the United States is ineligible for loans made, insured, or guaranteed under part B of title IV unless— (A) in the case of a graduate medical school located outside the United States— (i) (I) at least 60 percent of those enrolled in, and at least 60 percent of the graduates of, the graduate medical school outside the United States were not persons described in section 484(a)(5) in the year preceding the year for which a student is seeking a loan under part B of title IV; and (II) at least 60 percent of the individuals who were students or graduates of the graduate medical school outside the United States or Canada (both nationals of the United States and others) taking the examinations administered by the Educational Commission for Foreign Medical Graduates received a passing score in the year preceding the year for which a student is seeking a loan under part B of title IV; or (ii) the institution has a clinical training program that was approved by a State as of January 1, 1992; or (B) in the case of a veterinary school located outside the United States that is not a public or nonprofit institution, the institution’s students complete their clinical training at an approved veterinary school located in the United States.", "id": "HAAB85067CDAD43CD92C4E20729EC7F44", "header": "Institutions outside the United States", "nested": [], "links": [] }, { "text": "(b) Advisory panel \n(1) In general \nFor the purpose of qualifying a foreign medical school as an institution of higher education only for purposes of part B of title IV, the Secretary shall publish qualifying criteria by regulation and establish an advisory panel of medical experts that shall— (A) evaluate the standards of accreditation applied to applicant foreign medical schools; and (B) determine the comparability of those standards to standards for accreditation applied to United States medical schools. (2) Failure to release information \nThe failure of an institution outside the United States to provide, release, or authorize release to the Secretary of such information as may be required by subsection (a)(2) shall render such institution ineligible for the purpose of part B of title IV.", "id": "H50937D414AE44917A8433B779EF4277C", "header": "Advisory panel", "nested": [], "links": [] }, { "text": "(c) Special rule \nIf, pursuant to this section, an institution located outside the United States loses eligibility to participate in the programs under part B of title IV, then a student enrolled at such institution may, notwithstanding such loss of eligibility, continue to be eligible to receive a loan under part B of title IV while attending such institution for the academic year succeeding the academic year in which such loss of eligibility occurred.", "id": "H6AC327838D2E4AD09190DE3282316E15", "header": "Special rule", "nested": [], "links": [] } ], "links": [] }, { "text": "123. Restrictions on funds for for-profit schools \n(a) In general \nNotwithstanding any other provision of this Act authorizing the use of funds by an institution of higher education that receives funds under this Act, none of the funds made available under this Act to a for-profit institution of higher education may be used for— (1) construction, maintenance, renovation, repair, or improvement of classrooms, libraries, laboratories, or other facilities; (2) establishing, improving, or increasing an endowment fund; or (3) establishing or improving an institutional development office to strengthen or improve contributions from alumni and the private sector. (b) Exception \nSubsection (a) shall not apply to funds received by the institution from the grant, loan, or work assistance that is awarded under title IV to the students attending such institution.", "id": "HE62A2DA95DB648B7ADB4D2BBB4BFFCF3", "header": "Restrictions on funds for for-profit schools", "nested": [ { "text": "(a) In general \nNotwithstanding any other provision of this Act authorizing the use of funds by an institution of higher education that receives funds under this Act, none of the funds made available under this Act to a for-profit institution of higher education may be used for— (1) construction, maintenance, renovation, repair, or improvement of classrooms, libraries, laboratories, or other facilities; (2) establishing, improving, or increasing an endowment fund; or (3) establishing or improving an institutional development office to strengthen or improve contributions from alumni and the private sector.", "id": "HE422033234B747CB95926860233460B0", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Exception \nSubsection (a) shall not apply to funds received by the institution from the grant, loan, or work assistance that is awarded under title IV to the students attending such institution.", "id": "H172DC41CB3334898B924FD00A16104F9", "header": "Exception", "nested": [], "links": [] } ], "links": [] }, { "text": "102. New borrower definition \nParagraph (7) of section 103 ( 20 U.S.C. 1003 ) is amended to read as follows: (7) New borrower \nThe term new borrower when used with respect to any date for any loan under any provision of— (A) part B or part D of title IV means an individual who on that date has no outstanding balance of principal or interest owing on any loan made, insured, or guaranteed under either of those parts; and (B) part E of title IV means an individual who on that date has no outstanding balance of principal or interest owing on any loan made under that part..", "id": "H569FF0A10C774A19B5FCABE1C1AF979C", "header": "New borrower definition", "nested": [], "links": [ { "text": "20 U.S.C. 1003", "legal-doc": "usc", "parsable-cite": "usc/20/1003" } ] }, { "text": "103. Student speech and association rights \nSection 112 ( 20 U.S.C. 1011a ) is amended— (1) by amending subsection (a) to read as follows: (a) Protection of rights \nIt is the sense of Congress that— (1) no student attending an institution of higher education on a full- or part-time basis should, on the basis of participation in protected speech or protected association, be excluded from participation in, be denied the benefits of, or be subjected to discrimination or official sanction under any education program, activity, or division of the institution directly or indirectly receiving financial assistance under this Act, whether or not such program, activity, or division is sponsored or officially sanctioned by the institution; and (2) an institution of higher education should ensure that a student attending such institution on a full- or part-time basis is— (A) evaluated solely on the basis of their reasoned answers and knowledge of the subjects and disciplines they study and without regard to their political, ideological, or religious beliefs; (B) assured that the selection of speakers and allocation of funds for speakers, programs, and other student activities will utilize methods that promote intellectual pluralism and include diverse viewpoints; (C) presented diverse approaches and dissenting sources and viewpoints within the instructional setting; and (D) not excluded from participation in, denied the benefits of, or subjected to discrimination or official sanction on the basis of their political or ideological beliefs under any education program, activity, or division of the institution directly or indirectly receiving financial assistance under this Act, whether or not such program, activity, or division is sponsored or officially sanctioned by the institution. ; and (2) in subsection (b)(1), by inserting after higher education the following: , provided that the imposition of such sanction is done objectively, fairly, and without regard to the student’s political, ideological, or religious beliefs.", "id": "H1F5EDA6EF8E64A6F97DE1429D6024324", "header": "Student speech and association rights", "nested": [], "links": [ { "text": "20 U.S.C. 1011a", "legal-doc": "usc", "parsable-cite": "usc/20/1011a" } ] }, { "text": "104. Extension of National Advisory Committee on Institutional Quality and Integrity \nSection 114(g) ( 20 U.S.C. 1011c(g) ) is amended by striking 2004 and inserting 2011.", "id": "H0B0EB480FECA4EA3B9DEFB44D854CD78", "header": "Extension of National Advisory Committee on Institutional Quality and Integrity", "nested": [], "links": [ { "text": "20 U.S.C. 1011c(g)", "legal-doc": "usc", "parsable-cite": "usc/20/1011c" } ] }, { "text": "105. Alcohol and drug abuse prevention \nSection 120(e)(5) ( 20 U.S.C. 1011i(e)(5) ) is amended— (1) by striking 1999 and inserting 2005 ; and (2) by striking 4 succeeding fiscal years and inserting 5 succeeding fiscal years.", "id": "H85080BEB58E2491DA71BD300E5A6F30", "header": "Alcohol and drug abuse prevention", "nested": [], "links": [ { "text": "20 U.S.C. 1011i(e)(5)", "legal-doc": "usc", "parsable-cite": "usc/20/1011i" } ] }, { "text": "106. Prior rights and obligations \nSection 121(a) ( 20 U.S.C. 1011j(a) ) is amended by striking 1999 and for each of the 4 each place it appears and inserting 2005 and for each of the 5.", "id": "HC434AE8C216E42C1B7CA973F58B0F1E1", "header": "Prior rights and obligations", "nested": [], "links": [ { "text": "20 U.S.C. 1011j(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1011j" } ] }, { "text": "107. Consumer information and public accountability in higher education \nSection 131 ( 20 U.S.C. 1015 ) is amended to read as follows: 131. Consumer information and public accountability in higher education \n(a) Data collection \n(1) Data systems \nThe Secretary shall continue to redesign the relevant parts of the postsecondary education data systems to include additional data as required by this section and to continue to improve the usefulness and timeliness of data collected by such systems. (2) Information from institutions \nThe Commissioner of Education Statistics shall collect, for each academic year and in accordance with standard definitions developed by the Commissioner of Education Statistics (including definitions developed under section 131(a)(3)(A) as in effect on the day before the date of enactment of the ) from at least all institutions of higher education participating in programs under title IV, and such institutions shall provide, the following data: (A) The tuition and fees charged for a full-time undergraduate student. (B) The room and board charges for such a student. (C) The cost of attendance for a full-time undergraduate student, consistent with the provisions of section 472. (D) The average amount of financial assistance received by a full-time undergraduate student, including— (i) each type of assistance or benefits described in 428(a)(2)(C)(ii); (ii) fellowships; (iii) institutional and other assistance; and (iv) loans under parts B and D. (E) The number of students receiving financial assistance described in each clause of subparagraph (D). (F) The average net price for students receiving Federal, State, or institutional financial assistance. (G) The institutional instructional expenditure per full-time equivalent student. (b) Data dissemination \nThe Secretary shall make available the data collected pursuant to this section, including an institution’s college affordability index as calculated in accordance with subsection (c). Such data shall be made available in a manner that permits the review and comparison of data submissions of individual institutions of higher education. Such data shall be presented in a form that is easily accessible and understandable and allows parents and students to make informed decisions based on the prices for typical full-time undergraduate students and the institution’s rate of cost increase. (c) College Affordability index \n(1) In general \nThe Secretary shall, on the basis of the data submitted under subsection (a) , calculate a college affordability index for each institution of higher education submitting such data and shall make the index available in accordance with subsection (b) as soon as operationally possible on the Department’s college opportunity online Web site. (2) Calculation of index \nThe college affordability index shall be equal to— (A) the percentage increase in the tuition and fees charged for a first-time, full-time, full-year undergraduate student between the first of the 3 most recent preceding academic years and the last of those 3 academic years; divided by (B) the percentage increase in the Consumer Price Index—All Urban Consumers (Current Series) from July of the first of those 3 academic years to July of the last of those 3 academic years. (d) Outcomes and actions \n(1) Response from institution \nEffective on June 30, 2008, an institution that has a college affordability index that exceeds 2.0 for any 3-year interval ending on or after that date shall provide a report to the Secretary, in such a form, at such time, and containing such information as the Secretary may require. Such report shall include— (A) an explanation of the factors contributing to the increase in the institution’s costs and in the tuition and fees charged to students; (B) a management plan stating the specific steps the institution is and will be taking to reduce its college affordability index; (C) an action plan, including a schedule, by which the institution will reduce increases in or stabilize, such costs and tuition and fees; and (D) if determinations of tuition and fee increases are not within the exclusive control of the institution, a description of the agency or instrumentality of State government or other entity that participates in such determinations and the authority exercised by such agency, instrumentality, or entity. (2) Information to the public \nUpon receipt of the institution’s report and management plan under paragraph (1) , the Secretary shall make the institution’s report required under paragraph (1) available to the public in accordance with subsection (b). (3) Consequences for 2-year continuation of failure \nIf the Secretary determines that the institution has failed to comply with the management plan and action plan submitted by the institution under this subsection following the next 2 academic years that begin after the submission of such plans, and has failed to reduce the college affordability index below 2.0 for such 2 academic years, the Secretary— (A) shall make available to the public a detailed report provided by the institution on all costs and expenditures, and on all tuition and fees charged to students, for such 2 academic years; (B) shall place the institution on an affordability alert status and shall make the information regarding the institution’s failure available in accordance with subsection (b) ; (C) shall notify the institution’s accrediting agency of the institution’s failure; and (D) may require the institution to submit to a review and audit by the Inspector General of the Department of Education to determine the cause of the institution’s failure. (4) Information to State agencies \nAny institution that reports under paragraph (1)(D) that an agency or instrumentality of State government or other entity participates in the determinations of tuition and fee increases shall, prior to submitting any information to the Secretary under this subsection, submit such information to, and request the comments and input of, such agency, instrumentality, or entity. With respect to any such institution, the Secretary shall provide a copy of any communication by the Secretary with that institution to such agency, instrumentality, or entity. (5) Exemptions \n(A) Relative price exemption \nThe Secretary shall, for any 3-year interval for which college affordability indexes are computed under paragraph (1), determine and publish the dollar amount that, for each class of institution described in subparagraph (C) represents the maximum tuition and fees charged for a full-time undergraduate student in the least costly quartile of institutions within each such class during the last year of such 3-year interval. An institution that has a college affordability index computed under paragraph (1) that exceeds 2.0 for any such 3-year interval, but that, on average during such 3-year interval, charges less than such maximum tuition and fees shall not be subject to the actions required by subparagraph (B) or (C) of paragraph (1), or any action under paragraph (3) , unless such institution, for a subsequent 3-year interval, charges more than such maximum tuition and fees. (B) Dollar increase exemption \nAn institution that has a college affordability index computed under paragraph (1) that exceeds 2.0 for any 3-year interval, but that exceeds such 2.0 by a dollar amount that is less than $500, shall not be subject to the actions required by subparagraph (B) or (C) of paragraph (1), or any action under paragraph (3) , unless such institution has a college affordability index for a subsequent 3-year interval that exceeds 2.0 by more than such dollar amount. (C) Classes of institutions \nFor purposes of subparagraph (B) , the classes of institutions shall be those sectors used by the Integrated Postsecondary Education Data System, based on whether the institution is public, nonprofit private, or for-profit private, and whether the institution has a 4-year, 2-year, or less than 2-year program of instruction. (e) Fines \nIn addition to actions authorized in section 487(c), the Secretary may impose a fine in an amount not to exceed $25,000 on an institution of higher education for failing to provide the information described in this section in a timely and accurate manner, or for failing to otherwise cooperate with the National Center for Education Statistics regarding efforts to obtain data on the cost and price of higher education under this section and pursuant to the program participation agreement entered into under section 487. (f) GAO study and report \n(1) GAO study \nThe Comptroller General shall conduct a study of the policies and procedures implemented by institutions in increasing the affordability of postsecondary education. Such study shall include information with respect to— (A) a list of those institutions that— (i) have reduced their college affordability indexes; or (ii) are, as determined under subsection (d)(5)(A) , within the least costly quartile of institutions within each class described in subsection (d)(5)(C) ; (B) policies implemented to stem the increase in tuition and fees and institutional costs; (C) the extent to which room and board costs and prices changed; (D) the extent to which other services were altered to affect tuition and fees; (E) the extent to which the institution’s policies affected student body demographics and time to completion; (F) what, if any, operational factors played a role in reducing tuition and fees; (G) the extent to which academic quality was affected, and how; (H) the extent to which policies and practices reducing costs and prices may be replicated from one institution to another; and (I) other information as necessary to determine best practices in increasing the affordability of postsecondary education. (2) Interim and final reports \nThe Comptroller General shall submit an interim and a final report regarding the findings of the study required by paragraph (1) to the appropriate authorizing committees of Congress. The interim report shall be submitted not later than July 31, 2010, and the final report shall be submitted not later than July 31, 2012. (g) Student aid recipient survey \n(1) Survey required \nThe Secretary shall conduct a survey of student aid recipients under title IV on a regular cycle and State-by-State basis, but not less than once every 4 years— (A) to identify the population of students receiving Federal student aid; (B) to describe the income distribution and other socioeconomic characteristics of federally aided students; (C) to describe the combinations of aid from State, Federal, and private sources received by students from all income groups; (D) to describe the debt burden of educational loan recipients and their capacity to repay their education debts, and the impact of such debt burden on career choices; (E) to describe the role played by the price of postsecondary education in the determination by students of what institution to attend; and (F) to describe how the increased costs of textbooks and other instructional materials affects the costs of postsecondary education to students. (2) Survey design \nThe survey shall be representative of full-time and part-time, undergraduate, graduate, and professional and current and former students in all types of institutions, and designed and administered in consultation with the Congress and the postsecondary education community. (3) Dissemination \nThe Secretary shall disseminate the information resulting from the survey in both printed and electronic form. (h) Regulations \nThe Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section..", "id": "HCBDDFD2C885C4764A9B99537B0F74C3F", "header": "Consumer information and public accountability in higher education", "nested": [], "links": [ { "text": "20 U.S.C. 1015", "legal-doc": "usc", "parsable-cite": "usc/20/1015" } ] }, { "text": "131. Consumer information and public accountability in higher education \n(a) Data collection \n(1) Data systems \nThe Secretary shall continue to redesign the relevant parts of the postsecondary education data systems to include additional data as required by this section and to continue to improve the usefulness and timeliness of data collected by such systems. (2) Information from institutions \nThe Commissioner of Education Statistics shall collect, for each academic year and in accordance with standard definitions developed by the Commissioner of Education Statistics (including definitions developed under section 131(a)(3)(A) as in effect on the day before the date of enactment of the ) from at least all institutions of higher education participating in programs under title IV, and such institutions shall provide, the following data: (A) The tuition and fees charged for a full-time undergraduate student. (B) The room and board charges for such a student. (C) The cost of attendance for a full-time undergraduate student, consistent with the provisions of section 472. (D) The average amount of financial assistance received by a full-time undergraduate student, including— (i) each type of assistance or benefits described in 428(a)(2)(C)(ii); (ii) fellowships; (iii) institutional and other assistance; and (iv) loans under parts B and D. (E) The number of students receiving financial assistance described in each clause of subparagraph (D). (F) The average net price for students receiving Federal, State, or institutional financial assistance. (G) The institutional instructional expenditure per full-time equivalent student. (b) Data dissemination \nThe Secretary shall make available the data collected pursuant to this section, including an institution’s college affordability index as calculated in accordance with subsection (c). Such data shall be made available in a manner that permits the review and comparison of data submissions of individual institutions of higher education. Such data shall be presented in a form that is easily accessible and understandable and allows parents and students to make informed decisions based on the prices for typical full-time undergraduate students and the institution’s rate of cost increase. (c) College Affordability index \n(1) In general \nThe Secretary shall, on the basis of the data submitted under subsection (a) , calculate a college affordability index for each institution of higher education submitting such data and shall make the index available in accordance with subsection (b) as soon as operationally possible on the Department’s college opportunity online Web site. (2) Calculation of index \nThe college affordability index shall be equal to— (A) the percentage increase in the tuition and fees charged for a first-time, full-time, full-year undergraduate student between the first of the 3 most recent preceding academic years and the last of those 3 academic years; divided by (B) the percentage increase in the Consumer Price Index—All Urban Consumers (Current Series) from July of the first of those 3 academic years to July of the last of those 3 academic years. (d) Outcomes and actions \n(1) Response from institution \nEffective on June 30, 2008, an institution that has a college affordability index that exceeds 2.0 for any 3-year interval ending on or after that date shall provide a report to the Secretary, in such a form, at such time, and containing such information as the Secretary may require. Such report shall include— (A) an explanation of the factors contributing to the increase in the institution’s costs and in the tuition and fees charged to students; (B) a management plan stating the specific steps the institution is and will be taking to reduce its college affordability index; (C) an action plan, including a schedule, by which the institution will reduce increases in or stabilize, such costs and tuition and fees; and (D) if determinations of tuition and fee increases are not within the exclusive control of the institution, a description of the agency or instrumentality of State government or other entity that participates in such determinations and the authority exercised by such agency, instrumentality, or entity. (2) Information to the public \nUpon receipt of the institution’s report and management plan under paragraph (1) , the Secretary shall make the institution’s report required under paragraph (1) available to the public in accordance with subsection (b). (3) Consequences for 2-year continuation of failure \nIf the Secretary determines that the institution has failed to comply with the management plan and action plan submitted by the institution under this subsection following the next 2 academic years that begin after the submission of such plans, and has failed to reduce the college affordability index below 2.0 for such 2 academic years, the Secretary— (A) shall make available to the public a detailed report provided by the institution on all costs and expenditures, and on all tuition and fees charged to students, for such 2 academic years; (B) shall place the institution on an affordability alert status and shall make the information regarding the institution’s failure available in accordance with subsection (b) ; (C) shall notify the institution’s accrediting agency of the institution’s failure; and (D) may require the institution to submit to a review and audit by the Inspector General of the Department of Education to determine the cause of the institution’s failure. (4) Information to State agencies \nAny institution that reports under paragraph (1)(D) that an agency or instrumentality of State government or other entity participates in the determinations of tuition and fee increases shall, prior to submitting any information to the Secretary under this subsection, submit such information to, and request the comments and input of, such agency, instrumentality, or entity. With respect to any such institution, the Secretary shall provide a copy of any communication by the Secretary with that institution to such agency, instrumentality, or entity. (5) Exemptions \n(A) Relative price exemption \nThe Secretary shall, for any 3-year interval for which college affordability indexes are computed under paragraph (1), determine and publish the dollar amount that, for each class of institution described in subparagraph (C) represents the maximum tuition and fees charged for a full-time undergraduate student in the least costly quartile of institutions within each such class during the last year of such 3-year interval. An institution that has a college affordability index computed under paragraph (1) that exceeds 2.0 for any such 3-year interval, but that, on average during such 3-year interval, charges less than such maximum tuition and fees shall not be subject to the actions required by subparagraph (B) or (C) of paragraph (1), or any action under paragraph (3) , unless such institution, for a subsequent 3-year interval, charges more than such maximum tuition and fees. (B) Dollar increase exemption \nAn institution that has a college affordability index computed under paragraph (1) that exceeds 2.0 for any 3-year interval, but that exceeds such 2.0 by a dollar amount that is less than $500, shall not be subject to the actions required by subparagraph (B) or (C) of paragraph (1), or any action under paragraph (3) , unless such institution has a college affordability index for a subsequent 3-year interval that exceeds 2.0 by more than such dollar amount. (C) Classes of institutions \nFor purposes of subparagraph (B) , the classes of institutions shall be those sectors used by the Integrated Postsecondary Education Data System, based on whether the institution is public, nonprofit private, or for-profit private, and whether the institution has a 4-year, 2-year, or less than 2-year program of instruction. (e) Fines \nIn addition to actions authorized in section 487(c), the Secretary may impose a fine in an amount not to exceed $25,000 on an institution of higher education for failing to provide the information described in this section in a timely and accurate manner, or for failing to otherwise cooperate with the National Center for Education Statistics regarding efforts to obtain data on the cost and price of higher education under this section and pursuant to the program participation agreement entered into under section 487. (f) GAO study and report \n(1) GAO study \nThe Comptroller General shall conduct a study of the policies and procedures implemented by institutions in increasing the affordability of postsecondary education. Such study shall include information with respect to— (A) a list of those institutions that— (i) have reduced their college affordability indexes; or (ii) are, as determined under subsection (d)(5)(A) , within the least costly quartile of institutions within each class described in subsection (d)(5)(C) ; (B) policies implemented to stem the increase in tuition and fees and institutional costs; (C) the extent to which room and board costs and prices changed; (D) the extent to which other services were altered to affect tuition and fees; (E) the extent to which the institution’s policies affected student body demographics and time to completion; (F) what, if any, operational factors played a role in reducing tuition and fees; (G) the extent to which academic quality was affected, and how; (H) the extent to which policies and practices reducing costs and prices may be replicated from one institution to another; and (I) other information as necessary to determine best practices in increasing the affordability of postsecondary education. (2) Interim and final reports \nThe Comptroller General shall submit an interim and a final report regarding the findings of the study required by paragraph (1) to the appropriate authorizing committees of Congress. The interim report shall be submitted not later than July 31, 2010, and the final report shall be submitted not later than July 31, 2012. (g) Student aid recipient survey \n(1) Survey required \nThe Secretary shall conduct a survey of student aid recipients under title IV on a regular cycle and State-by-State basis, but not less than once every 4 years— (A) to identify the population of students receiving Federal student aid; (B) to describe the income distribution and other socioeconomic characteristics of federally aided students; (C) to describe the combinations of aid from State, Federal, and private sources received by students from all income groups; (D) to describe the debt burden of educational loan recipients and their capacity to repay their education debts, and the impact of such debt burden on career choices; (E) to describe the role played by the price of postsecondary education in the determination by students of what institution to attend; and (F) to describe how the increased costs of textbooks and other instructional materials affects the costs of postsecondary education to students. (2) Survey design \nThe survey shall be representative of full-time and part-time, undergraduate, graduate, and professional and current and former students in all types of institutions, and designed and administered in consultation with the Congress and the postsecondary education community. (3) Dissemination \nThe Secretary shall disseminate the information resulting from the survey in both printed and electronic form. (h) Regulations \nThe Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section.", "id": "HB1345A6B44354097B4BC51C385C0F8D1", "header": "Consumer information and public accountability in higher education", "nested": [ { "text": "(a) Data collection \n(1) Data systems \nThe Secretary shall continue to redesign the relevant parts of the postsecondary education data systems to include additional data as required by this section and to continue to improve the usefulness and timeliness of data collected by such systems. (2) Information from institutions \nThe Commissioner of Education Statistics shall collect, for each academic year and in accordance with standard definitions developed by the Commissioner of Education Statistics (including definitions developed under section 131(a)(3)(A) as in effect on the day before the date of enactment of the ) from at least all institutions of higher education participating in programs under title IV, and such institutions shall provide, the following data: (A) The tuition and fees charged for a full-time undergraduate student. (B) The room and board charges for such a student. (C) The cost of attendance for a full-time undergraduate student, consistent with the provisions of section 472. (D) The average amount of financial assistance received by a full-time undergraduate student, including— (i) each type of assistance or benefits described in 428(a)(2)(C)(ii); (ii) fellowships; (iii) institutional and other assistance; and (iv) loans under parts B and D. (E) The number of students receiving financial assistance described in each clause of subparagraph (D). (F) The average net price for students receiving Federal, State, or institutional financial assistance. (G) The institutional instructional expenditure per full-time equivalent student.", "id": "H43131010751C4E8091853C87BE6E44EA", "header": "Data collection", "nested": [], "links": [] }, { "text": "(b) Data dissemination \nThe Secretary shall make available the data collected pursuant to this section, including an institution’s college affordability index as calculated in accordance with subsection (c). Such data shall be made available in a manner that permits the review and comparison of data submissions of individual institutions of higher education. Such data shall be presented in a form that is easily accessible and understandable and allows parents and students to make informed decisions based on the prices for typical full-time undergraduate students and the institution’s rate of cost increase.", "id": "H4413D1B5061745ADB0C384026E72EE46", "header": "Data dissemination", "nested": [], "links": [] }, { "text": "(c) College Affordability index \n(1) In general \nThe Secretary shall, on the basis of the data submitted under subsection (a) , calculate a college affordability index for each institution of higher education submitting such data and shall make the index available in accordance with subsection (b) as soon as operationally possible on the Department’s college opportunity online Web site. (2) Calculation of index \nThe college affordability index shall be equal to— (A) the percentage increase in the tuition and fees charged for a first-time, full-time, full-year undergraduate student between the first of the 3 most recent preceding academic years and the last of those 3 academic years; divided by (B) the percentage increase in the Consumer Price Index—All Urban Consumers (Current Series) from July of the first of those 3 academic years to July of the last of those 3 academic years.", "id": "HEE2B831B9FF5430696934B9740A4832C", "header": "College Affordability index", "nested": [], "links": [] }, { "text": "(d) Outcomes and actions \n(1) Response from institution \nEffective on June 30, 2008, an institution that has a college affordability index that exceeds 2.0 for any 3-year interval ending on or after that date shall provide a report to the Secretary, in such a form, at such time, and containing such information as the Secretary may require. Such report shall include— (A) an explanation of the factors contributing to the increase in the institution’s costs and in the tuition and fees charged to students; (B) a management plan stating the specific steps the institution is and will be taking to reduce its college affordability index; (C) an action plan, including a schedule, by which the institution will reduce increases in or stabilize, such costs and tuition and fees; and (D) if determinations of tuition and fee increases are not within the exclusive control of the institution, a description of the agency or instrumentality of State government or other entity that participates in such determinations and the authority exercised by such agency, instrumentality, or entity. (2) Information to the public \nUpon receipt of the institution’s report and management plan under paragraph (1) , the Secretary shall make the institution’s report required under paragraph (1) available to the public in accordance with subsection (b). (3) Consequences for 2-year continuation of failure \nIf the Secretary determines that the institution has failed to comply with the management plan and action plan submitted by the institution under this subsection following the next 2 academic years that begin after the submission of such plans, and has failed to reduce the college affordability index below 2.0 for such 2 academic years, the Secretary— (A) shall make available to the public a detailed report provided by the institution on all costs and expenditures, and on all tuition and fees charged to students, for such 2 academic years; (B) shall place the institution on an affordability alert status and shall make the information regarding the institution’s failure available in accordance with subsection (b) ; (C) shall notify the institution’s accrediting agency of the institution’s failure; and (D) may require the institution to submit to a review and audit by the Inspector General of the Department of Education to determine the cause of the institution’s failure. (4) Information to State agencies \nAny institution that reports under paragraph (1)(D) that an agency or instrumentality of State government or other entity participates in the determinations of tuition and fee increases shall, prior to submitting any information to the Secretary under this subsection, submit such information to, and request the comments and input of, such agency, instrumentality, or entity. With respect to any such institution, the Secretary shall provide a copy of any communication by the Secretary with that institution to such agency, instrumentality, or entity. (5) Exemptions \n(A) Relative price exemption \nThe Secretary shall, for any 3-year interval for which college affordability indexes are computed under paragraph (1), determine and publish the dollar amount that, for each class of institution described in subparagraph (C) represents the maximum tuition and fees charged for a full-time undergraduate student in the least costly quartile of institutions within each such class during the last year of such 3-year interval. An institution that has a college affordability index computed under paragraph (1) that exceeds 2.0 for any such 3-year interval, but that, on average during such 3-year interval, charges less than such maximum tuition and fees shall not be subject to the actions required by subparagraph (B) or (C) of paragraph (1), or any action under paragraph (3) , unless such institution, for a subsequent 3-year interval, charges more than such maximum tuition and fees. (B) Dollar increase exemption \nAn institution that has a college affordability index computed under paragraph (1) that exceeds 2.0 for any 3-year interval, but that exceeds such 2.0 by a dollar amount that is less than $500, shall not be subject to the actions required by subparagraph (B) or (C) of paragraph (1), or any action under paragraph (3) , unless such institution has a college affordability index for a subsequent 3-year interval that exceeds 2.0 by more than such dollar amount. (C) Classes of institutions \nFor purposes of subparagraph (B) , the classes of institutions shall be those sectors used by the Integrated Postsecondary Education Data System, based on whether the institution is public, nonprofit private, or for-profit private, and whether the institution has a 4-year, 2-year, or less than 2-year program of instruction.", "id": "HEBACBB83315447949D53FB391E5D8F6", "header": "Outcomes and actions", "nested": [], "links": [] }, { "text": "(e) Fines \nIn addition to actions authorized in section 487(c), the Secretary may impose a fine in an amount not to exceed $25,000 on an institution of higher education for failing to provide the information described in this section in a timely and accurate manner, or for failing to otherwise cooperate with the National Center for Education Statistics regarding efforts to obtain data on the cost and price of higher education under this section and pursuant to the program participation agreement entered into under section 487.", "id": "H549EC67F520D4428B5D7986EC8FABDAF", "header": "Fines", "nested": [], "links": [] }, { "text": "(f) GAO study and report \n(1) GAO study \nThe Comptroller General shall conduct a study of the policies and procedures implemented by institutions in increasing the affordability of postsecondary education. Such study shall include information with respect to— (A) a list of those institutions that— (i) have reduced their college affordability indexes; or (ii) are, as determined under subsection (d)(5)(A) , within the least costly quartile of institutions within each class described in subsection (d)(5)(C) ; (B) policies implemented to stem the increase in tuition and fees and institutional costs; (C) the extent to which room and board costs and prices changed; (D) the extent to which other services were altered to affect tuition and fees; (E) the extent to which the institution’s policies affected student body demographics and time to completion; (F) what, if any, operational factors played a role in reducing tuition and fees; (G) the extent to which academic quality was affected, and how; (H) the extent to which policies and practices reducing costs and prices may be replicated from one institution to another; and (I) other information as necessary to determine best practices in increasing the affordability of postsecondary education. (2) Interim and final reports \nThe Comptroller General shall submit an interim and a final report regarding the findings of the study required by paragraph (1) to the appropriate authorizing committees of Congress. The interim report shall be submitted not later than July 31, 2010, and the final report shall be submitted not later than July 31, 2012.", "id": "HD88CF0E180094917891D9130564613AB", "header": "GAO study and report", "nested": [], "links": [] }, { "text": "(g) Student aid recipient survey \n(1) Survey required \nThe Secretary shall conduct a survey of student aid recipients under title IV on a regular cycle and State-by-State basis, but not less than once every 4 years— (A) to identify the population of students receiving Federal student aid; (B) to describe the income distribution and other socioeconomic characteristics of federally aided students; (C) to describe the combinations of aid from State, Federal, and private sources received by students from all income groups; (D) to describe the debt burden of educational loan recipients and their capacity to repay their education debts, and the impact of such debt burden on career choices; (E) to describe the role played by the price of postsecondary education in the determination by students of what institution to attend; and (F) to describe how the increased costs of textbooks and other instructional materials affects the costs of postsecondary education to students. (2) Survey design \nThe survey shall be representative of full-time and part-time, undergraduate, graduate, and professional and current and former students in all types of institutions, and designed and administered in consultation with the Congress and the postsecondary education community. (3) Dissemination \nThe Secretary shall disseminate the information resulting from the survey in both printed and electronic form.", "id": "HF54D89BCD52D4B23BF1DC485A3F2ED19", "header": "Student aid recipient survey", "nested": [], "links": [] }, { "text": "(h) Regulations \nThe Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section.", "id": "HD7CA5D7BD5C447EAA7BE6D2FA4C984EC", "header": "Regulations", "nested": [], "links": [] } ], "links": [] }, { "text": "108. Performance-based organization \nSection 141 ( 20 U.S.C. 1018 ) is amended— (1) in subsection (a)(2)(B)— (A) by inserting unit after to reduce the ; and (B) by inserting and, to the extent practicable, the total costs of administering those programs after those programs ; (2) in subsection (c)— (A) in paragraph (1)(A), by striking Each year and inserting Each fiscal year ; (B) in paragraph (1)(B), by inserting secondary markets, guaranty agencies, after lenders, ; and (C) in paragraph (2)(B), by striking Chief Financial Officer Act of 1990 and and inserting Chief Financial Officers Act of 1990, and by inserting before the period at the end the following: , and other relevant statutes ; and (3) in subsection (f)(3)(A), by striking paragraph (1)(A) and inserting paragraph (1).", "id": "H6B21C4ABA7CA4507B2FD7D71CD2E3B15", "header": "Performance-based organization", "nested": [], "links": [ { "text": "20 U.S.C. 1018", "legal-doc": "usc", "parsable-cite": "usc/20/1018" } ] }, { "text": "201. Sense of the House of Representatives \nIt is the sense of the House of Representatives that title II of the Higher Education Act of 1965 should be amended as provided in H.R. 2211 as passed by the House of Representatives on July 9, 2003.", "id": "H3FF4DE55667A4C74BEAB00AC007FF660", "header": "Sense of the House of Representatives", "nested": [], "links": [] }, { "text": "301. Title III grants for American Indian Tribally Controlled Colleges and Universities \n(a) Eligible institutions \nSubsection (b) of section 316 ( 20 U.S.C. 1059c(b) ) is amended to read as follows: (b) Definitions \n(1) Eligible institutions \nFor purposes of this section, Tribal Colleges and Universities are the following: (A) any of the following institutions that qualify for funding under the Tribally Controlled College or University Assistance Act of 1978 or is listed in Equity in Educational Land Grant Status Act of 1994 ( 7 U.S.C. 301 note): Bay Mills Community College; Blackfeet Community College; Cankdeska Cikana Community College; Chief Dull Knife College; College of Menominee Nation; Crownpoint Institute of Technology; Diné College; D–Q University; Fond du Lac Tribal and Community College; Fort Belknap College; Fort Berthold Community College; Fort Peck Community College; Haskell Indian Nations University; Institute of American Indian and Alaska Native Culture and Arts Development; Lac Courte Oreilles Ojibwa Community College; Leech Lake Tribal College; Little Big Horn College; Little Priest Tribal College; Nebraska Indian Community College; Northwest Indian College; Oglala Lakota College; Saginaw Chippewa Tribal College; Salish Kootenai College; Si Tanka University—Eagle Butte Campus; Sinte Gleska University; Sisseton Wahpeton Community College; Sitting Bull College; Southwestern Indian Polytechnic Institute; Stone Child College; Tohono O’Odham Community College; Turtle Mountain Community College; United Tribes Technical College; and White Earth Tribal and Community College; and (B) any other institution that meets the definition of tribally controlled college or university in section 2 of the Tribally Controlled College or University Assistance Act of 1978, and meets all other requirements of this section. (2) Indian \nThe term Indian has the meaning given the term in section 2 of the Tribally Controlled College or University Assistance Act of 1978.. (b) Distance learning \nSubsection (c)(2) of such section is amended— (1) by amending subparagraph (B) to read as follows: (B) construction, maintenance, renovation, and improvement in classrooms, libraries, laboratories, and other instructional facilities, including purchase or rental of telecommunications technology equipment or services, and the acquisition of real property adjacent to the campus of the institution on which to construct such facilities; ; (2) by striking and at the end of subparagraph (K); (3) by redesignating subparagraph (L) as subparagraph (M); and (4) by inserting after subparagraph (K) the following new subparagraph: (L) developing or improving facilities for Internet use or other distance learning academic instruction capabilities; and. (c) Application and allotment \nSubsection (d) of such section is amended to read as follows: (d) Application and allotment \n(1) Institutional eligibility \nTo be eligible to receive assistance under this section, a Tribal College or University shall be an eligible institution under section 312(b). (2) Application \nAny Tribal College or University desiring to receive assistance under this section shall submit an application to the Secretary at such time, and in such manner, as the Secretary may reasonably require. (3) Allotments to institutions \n(A) Allotment: Pell Grant Basis \nFrom the amount appropriated to carry out this section for any fiscal year, the Secretary shall allot to each eligible institution a sum which bears the same ratio to one-half that amount as the number of Pell Grant recipients in attendance at such institution at the end of the award year preceding the beginning of that fiscal year bears to the total number of Pell Grant recipients at all eligible institutions. (B) Allotment: Degree and Certificate Basis \nFrom the amount appropriated to carry out this section for any fiscal year, the Secretary shall allot to each eligible institution a sum which bears the same ratio to one-half that amount as the number of degrees or certificates awarded by such institution during the preceding academic year bears to the total number of degrees or certificates at all eligible institutions. (C) Minimum grant \nNotwithstanding subparagraphs (A) and (B) , the amount allotted to each institution under this section shall not be less than $400,000. (4) Special rules \n(A) Concurrent funding \nFor the purposes of this part, no Tribal College or University that is eligible for and receives funds under this section shall concurrently receive funds under other provisions of this part or part B. (B) Exemption \nSection 313(d) shall not apply to institutions that are eligible to receive funds under this section..", "id": "H93DC8AD732A84542836C641760E6E704", "header": "Title III grants for American Indian Tribally Controlled Colleges and Universities", "nested": [ { "text": "(a) Eligible institutions \nSubsection (b) of section 316 ( 20 U.S.C. 1059c(b) ) is amended to read as follows: (b) Definitions \n(1) Eligible institutions \nFor purposes of this section, Tribal Colleges and Universities are the following: (A) any of the following institutions that qualify for funding under the Tribally Controlled College or University Assistance Act of 1978 or is listed in Equity in Educational Land Grant Status Act of 1994 ( 7 U.S.C. 301 note): Bay Mills Community College; Blackfeet Community College; Cankdeska Cikana Community College; Chief Dull Knife College; College of Menominee Nation; Crownpoint Institute of Technology; Diné College; D–Q University; Fond du Lac Tribal and Community College; Fort Belknap College; Fort Berthold Community College; Fort Peck Community College; Haskell Indian Nations University; Institute of American Indian and Alaska Native Culture and Arts Development; Lac Courte Oreilles Ojibwa Community College; Leech Lake Tribal College; Little Big Horn College; Little Priest Tribal College; Nebraska Indian Community College; Northwest Indian College; Oglala Lakota College; Saginaw Chippewa Tribal College; Salish Kootenai College; Si Tanka University—Eagle Butte Campus; Sinte Gleska University; Sisseton Wahpeton Community College; Sitting Bull College; Southwestern Indian Polytechnic Institute; Stone Child College; Tohono O’Odham Community College; Turtle Mountain Community College; United Tribes Technical College; and White Earth Tribal and Community College; and (B) any other institution that meets the definition of tribally controlled college or university in section 2 of the Tribally Controlled College or University Assistance Act of 1978, and meets all other requirements of this section. (2) Indian \nThe term Indian has the meaning given the term in section 2 of the Tribally Controlled College or University Assistance Act of 1978..", "id": "H9D7AE5E335CA4A63B9DD50EF427ED4D6", "header": "Eligible institutions", "nested": [], "links": [ { "text": "20 U.S.C. 1059c(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1059c" }, { "text": "7 U.S.C. 301", "legal-doc": "usc", "parsable-cite": "usc/7/301" } ] }, { "text": "(b) Distance learning \nSubsection (c)(2) of such section is amended— (1) by amending subparagraph (B) to read as follows: (B) construction, maintenance, renovation, and improvement in classrooms, libraries, laboratories, and other instructional facilities, including purchase or rental of telecommunications technology equipment or services, and the acquisition of real property adjacent to the campus of the institution on which to construct such facilities; ; (2) by striking and at the end of subparagraph (K); (3) by redesignating subparagraph (L) as subparagraph (M); and (4) by inserting after subparagraph (K) the following new subparagraph: (L) developing or improving facilities for Internet use or other distance learning academic instruction capabilities; and.", "id": "HCBB538E4900B4D8DA6674787E608B8C2", "header": "Distance learning", "nested": [], "links": [] }, { "text": "(c) Application and allotment \nSubsection (d) of such section is amended to read as follows: (d) Application and allotment \n(1) Institutional eligibility \nTo be eligible to receive assistance under this section, a Tribal College or University shall be an eligible institution under section 312(b). (2) Application \nAny Tribal College or University desiring to receive assistance under this section shall submit an application to the Secretary at such time, and in such manner, as the Secretary may reasonably require. (3) Allotments to institutions \n(A) Allotment: Pell Grant Basis \nFrom the amount appropriated to carry out this section for any fiscal year, the Secretary shall allot to each eligible institution a sum which bears the same ratio to one-half that amount as the number of Pell Grant recipients in attendance at such institution at the end of the award year preceding the beginning of that fiscal year bears to the total number of Pell Grant recipients at all eligible institutions. (B) Allotment: Degree and Certificate Basis \nFrom the amount appropriated to carry out this section for any fiscal year, the Secretary shall allot to each eligible institution a sum which bears the same ratio to one-half that amount as the number of degrees or certificates awarded by such institution during the preceding academic year bears to the total number of degrees or certificates at all eligible institutions. (C) Minimum grant \nNotwithstanding subparagraphs (A) and (B) , the amount allotted to each institution under this section shall not be less than $400,000. (4) Special rules \n(A) Concurrent funding \nFor the purposes of this part, no Tribal College or University that is eligible for and receives funds under this section shall concurrently receive funds under other provisions of this part or part B. (B) Exemption \nSection 313(d) shall not apply to institutions that are eligible to receive funds under this section..", "id": "H6D58ABBA97A148B400C1F32BC07CFAB6", "header": "Application and allotment", "nested": [], "links": [] } ], "links": [ { "text": "20 U.S.C. 1059c(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1059c" }, { "text": "7 U.S.C. 301", "legal-doc": "usc", "parsable-cite": "usc/7/301" } ] }, { "text": "302. Alaska Native and Native Hawaiian-serving institutions \n(a) Distance learning \nSection 317(c)(2) ( 20 U.S.C. 1059d(c)(2) ) is amended— (1) by amending subparagraph (B) to read as follows: (A) construction, maintenance, renovation, and improvement in classrooms, libraries, laboratories, and other instructional facilities, including purchase or rental of telecommunications technology equipment or services, and the acquisition of real property adjacent to the campus of the institution on which to construct such facilities; ; (2) by striking and at the end of subparagraph (G); (3) by striking the period at the end of subparagraph (H) and inserting ; and ; and (4) by inserting after subparagraph (H) the following new subparagraph: (I) development or improvement of facilities for Internet use or other distance learning academic instruction capabilities.. (b) Endowment funds \nSection 317(c) is further amended by adding at the end the following new paragraph: (3) Endowment funds \n(A) In General \nAn Alaska Native or Native Hawaiian-serving institution may use not more than 20 percent of the grant funds provided under this section to establish or increase an endowment fund at the institution. (B) Matching Requirement \nIn order to be eligible to use grant funds in accordance with subparagraph (A) , the institution shall provide to the endowment fund from non-Federal funds an amount equal to the Federal funds used in accordance with subparagraph (A) , for the establishment or increase of the endowment fund. (C) Applicability of other provisions \nThe provisions of part C regarding the establishment or increase of an endowment fund, that the Secretary determines are not inconsistent with this paragraph, shall apply to funds used under subparagraph (A).. (c) Application process \nSection 317(d) is amended— (1) by adding at the end of paragraph (1) the following new sentences: Each Alaska Native-serving institution and Native Hawaiian-serving institution shall develop a 5-year plan for improving the assistance provided to Alaska Native or Native Hawaiian students. Such plan shall not be subject to approval by the Secretary. ; and (2) in paragraph (2)— (A) by redesignating subparagraph (B) as subparagraph (C); and (B) by striking subparagraph (A) and inserting the following: (A) an assurance that the institution has developed a 5-year plan for serving Alaska Native or Native Hawaiian students; (B) a list of activities and other information that are consistent with the institution's 5-year plan; and.", "id": "H3F0AFF99DACA48B08923382E85934369", "header": "Alaska Native and Native Hawaiian-serving institutions", "nested": [ { "text": "(a) Distance learning \nSection 317(c)(2) ( 20 U.S.C. 1059d(c)(2) ) is amended— (1) by amending subparagraph (B) to read as follows: (A) construction, maintenance, renovation, and improvement in classrooms, libraries, laboratories, and other instructional facilities, including purchase or rental of telecommunications technology equipment or services, and the acquisition of real property adjacent to the campus of the institution on which to construct such facilities; ; (2) by striking and at the end of subparagraph (G); (3) by striking the period at the end of subparagraph (H) and inserting ; and ; and (4) by inserting after subparagraph (H) the following new subparagraph: (I) development or improvement of facilities for Internet use or other distance learning academic instruction capabilities..", "id": "H49BED13C493F4DB691C3BCF00040D900", "header": "Distance learning", "nested": [], "links": [ { "text": "20 U.S.C. 1059d(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/20/1059d" } ] }, { "text": "(b) Endowment funds \nSection 317(c) is further amended by adding at the end the following new paragraph: (3) Endowment funds \n(A) In General \nAn Alaska Native or Native Hawaiian-serving institution may use not more than 20 percent of the grant funds provided under this section to establish or increase an endowment fund at the institution. (B) Matching Requirement \nIn order to be eligible to use grant funds in accordance with subparagraph (A) , the institution shall provide to the endowment fund from non-Federal funds an amount equal to the Federal funds used in accordance with subparagraph (A) , for the establishment or increase of the endowment fund. (C) Applicability of other provisions \nThe provisions of part C regarding the establishment or increase of an endowment fund, that the Secretary determines are not inconsistent with this paragraph, shall apply to funds used under subparagraph (A)..", "id": "HFEE657A44FE54F3DB2A374399FBED49E", "header": "Endowment funds", "nested": [], "links": [] }, { "text": "(c) Application process \nSection 317(d) is amended— (1) by adding at the end of paragraph (1) the following new sentences: Each Alaska Native-serving institution and Native Hawaiian-serving institution shall develop a 5-year plan for improving the assistance provided to Alaska Native or Native Hawaiian students. Such plan shall not be subject to approval by the Secretary. ; and (2) in paragraph (2)— (A) by redesignating subparagraph (B) as subparagraph (C); and (B) by striking subparagraph (A) and inserting the following: (A) an assurance that the institution has developed a 5-year plan for serving Alaska Native or Native Hawaiian students; (B) a list of activities and other information that are consistent with the institution's 5-year plan; and.", "id": "H1FF47F68A8834172B19119ABB68F46F6", "header": "Application process", "nested": [], "links": [] } ], "links": [ { "text": "20 U.S.C. 1059d(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/20/1059d" } ] }, { "text": "303. Grants to part B institutions \n(a) Use of funds \n(1) Facilities and equipment \n(A) Undergraduate institutions \nParagraph (2) of section 323(a) ( 20 U.S.C. 1062(a) ) is amended to read as follows: (2) Construction, maintenance, renovation, and improvement in classrooms, libraries, laboratories, and other instructional facilities, including purchase or rental of telecommunications technology equipment or services, and the acquisition of real property adjacent to the campus of the institution on which to construct such facilities.. (B) Graduate and professional schools \nParagraph (2) of section 326(c) is amended to read as follows: (2) construction, maintenance, renovation, and improvement in classrooms, libraries, laboratories, and other instructional facilities, including purchase or rental of telecommunications technology equipment or services, and the acquisition of real property adjacent to the campus of the institution on which to construct such facilities;. (2) Outreach and collaboration \nParagraph (11) of section 323(a) is amended to read as follows: (11) Establishing community outreach programs and collaborative partnerships between part B institutions and local elementary or secondary schools. Such partnerships may include mentoring, tutoring, or other instructional opportunities that will boost student academic achievement and assist elementary and secondary school students in developing the academic skills and the interest to pursue postsecondary education.. (b) Technical assistance \nSection 323 ( 20 U.S.C. 1062 ) is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection: (c) Technical Assistance \n(1) In general \nAn institution may not use more than 2 percent of the grant funds provided under this part to secure technical assistance services. (2) Technical Assistance Services \nTechnical assistance services may include assistance with enrollment management, financial management, and strategic planning. (3) Report \nThe institution shall report to the Secretary on an annual basis, in such form as the Secretary requires, on the use of funds under this subsection.. (c) Distance learning \nSection 323(a)(2) ( 20 U.S.C. 1062(a)(2) ) is amended by inserting development or improvement of facilities for Internet use or other distance learning academic instruction capabilities and after including. (d) Minimum grants \nSection 324(d)(1) ( 20 U.S.C. 1063(d)(1) ) is amended by inserting before the period at the end the following: , except that, if the amount appropriated to carry out this part for any fiscal year exceeds the amount required to provide to each institution an amount equal to the total amount received by such institution under subsections (a), (b), and (c) for the preceding fiscal year, then the amount of such excess appropriation shall first be applied to increase the minimum allotment under this subsection to $750,000. (e) Eligible graduate or professional schools \n(1) General authority \nSection 326(a)(1) ( 20 U.S.C. 1063b(a)(1) ) is amended— (A) by inserting (A) after subsection (e) that ; (B) by inserting before the period at the end the following: , (B) is accredited by a nationally recognized accrediting agency or association determined by the Secretary to be a reliable authority as to the quality of training offered, and (C) according to such an agency or association, is in good standing. (2) Eligible institutions \nSection 326(e)(1) ( 20 U.S.C. 1063b(e)(1) ) is amended— (A) by striking and at the end of subparagraph (Q); (B) by striking the period at the end of subparagraph (R) and inserting a semicolon; and (C) by adding at the end the following new subparagraphs: (S) Alabama State University qualified graduate program; (T) Prairie View A&M University qualified graduate program; and (U) Coppin State University qualified graduate program.. (3) Conforming amendment \nSection 326(e)(3) ( 20 U.S.C. 1063b(e)(3) ) is amended— (A) by striking 1998 and inserting 2004 ; and (B) by striking (Q) and (R) and inserting (S), (T), and (U). (f) Professional or graduate institutions \nSection 326(f) ( 20 U.S.C. 1063b(f) ) is amended— (1) in paragraph (1)— (A) by striking $26,600,000 and inserting $55,500,000 ; and (B) by striking (P) and inserting (R) ; (2) in paragraph (2)— (A) by striking $26,600,000 but not in excess of $28,600,000 and inserting $55,500,000, but not in excess of $58,500,000 ; and (B) by striking subparagraphs (Q) and (R) and inserting subparagraphs (S), (T), and (U) ; and (3) in paragraph (3)— (A) by striking $28,600,000 and inserting $58,500,000 ; and (B) by striking (R) and inserting (U). (g) Hold harmless \nSection 326(g) ( 20 U.S.C. 1063b(g) ) is amended by striking 1998 and inserting 2004.", "id": "H9ECDBBF15E4D4B71813D59E5B887F900", "header": "Grants to part B institutions", "nested": [ { "text": "(a) Use of funds \n(1) Facilities and equipment \n(A) Undergraduate institutions \nParagraph (2) of section 323(a) ( 20 U.S.C. 1062(a) ) is amended to read as follows: (2) Construction, maintenance, renovation, and improvement in classrooms, libraries, laboratories, and other instructional facilities, including purchase or rental of telecommunications technology equipment or services, and the acquisition of real property adjacent to the campus of the institution on which to construct such facilities.. (B) Graduate and professional schools \nParagraph (2) of section 326(c) is amended to read as follows: (2) construction, maintenance, renovation, and improvement in classrooms, libraries, laboratories, and other instructional facilities, including purchase or rental of telecommunications technology equipment or services, and the acquisition of real property adjacent to the campus of the institution on which to construct such facilities;. (2) Outreach and collaboration \nParagraph (11) of section 323(a) is amended to read as follows: (11) Establishing community outreach programs and collaborative partnerships between part B institutions and local elementary or secondary schools. Such partnerships may include mentoring, tutoring, or other instructional opportunities that will boost student academic achievement and assist elementary and secondary school students in developing the academic skills and the interest to pursue postsecondary education..", "id": "HBD77BF804CAD42A4AB9F9F07320012C3", "header": "Use of funds", "nested": [], "links": [ { "text": "20 U.S.C. 1062(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1062" } ] }, { "text": "(b) Technical assistance \nSection 323 ( 20 U.S.C. 1062 ) is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection: (c) Technical Assistance \n(1) In general \nAn institution may not use more than 2 percent of the grant funds provided under this part to secure technical assistance services. (2) Technical Assistance Services \nTechnical assistance services may include assistance with enrollment management, financial management, and strategic planning. (3) Report \nThe institution shall report to the Secretary on an annual basis, in such form as the Secretary requires, on the use of funds under this subsection..", "id": "H3245C0B480AC4F7EA2F48C7900ADBD30", "header": "Technical assistance", "nested": [], "links": [ { "text": "20 U.S.C. 1062", "legal-doc": "usc", "parsable-cite": "usc/20/1062" } ] }, { "text": "(c) Distance learning \nSection 323(a)(2) ( 20 U.S.C. 1062(a)(2) ) is amended by inserting development or improvement of facilities for Internet use or other distance learning academic instruction capabilities and after including.", "id": "HF52DCE8344074FCEB1007EDE1FA761CF", "header": "Distance learning", "nested": [], "links": [ { "text": "20 U.S.C. 1062(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/20/1062" } ] }, { "text": "(d) Minimum grants \nSection 324(d)(1) ( 20 U.S.C. 1063(d)(1) ) is amended by inserting before the period at the end the following: , except that, if the amount appropriated to carry out this part for any fiscal year exceeds the amount required to provide to each institution an amount equal to the total amount received by such institution under subsections (a), (b), and (c) for the preceding fiscal year, then the amount of such excess appropriation shall first be applied to increase the minimum allotment under this subsection to $750,000.", "id": "H726D33C4BC244F96AD49742E92357316", "header": "Minimum grants", "nested": [], "links": [ { "text": "20 U.S.C. 1063(d)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1063" } ] }, { "text": "(e) Eligible graduate or professional schools \n(1) General authority \nSection 326(a)(1) ( 20 U.S.C. 1063b(a)(1) ) is amended— (A) by inserting (A) after subsection (e) that ; (B) by inserting before the period at the end the following: , (B) is accredited by a nationally recognized accrediting agency or association determined by the Secretary to be a reliable authority as to the quality of training offered, and (C) according to such an agency or association, is in good standing. (2) Eligible institutions \nSection 326(e)(1) ( 20 U.S.C. 1063b(e)(1) ) is amended— (A) by striking and at the end of subparagraph (Q); (B) by striking the period at the end of subparagraph (R) and inserting a semicolon; and (C) by adding at the end the following new subparagraphs: (S) Alabama State University qualified graduate program; (T) Prairie View A&M University qualified graduate program; and (U) Coppin State University qualified graduate program.. (3) Conforming amendment \nSection 326(e)(3) ( 20 U.S.C. 1063b(e)(3) ) is amended— (A) by striking 1998 and inserting 2004 ; and (B) by striking (Q) and (R) and inserting (S), (T), and (U).", "id": "H890AF4F3D7774E9EBAB376270159FA91", "header": "Eligible graduate or professional schools", "nested": [], "links": [ { "text": "20 U.S.C. 1063b(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1063b" }, { "text": "20 U.S.C. 1063b(e)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1063b" }, { "text": "20 U.S.C. 1063b(e)(3)", "legal-doc": "usc", "parsable-cite": "usc/20/1063b" } ] }, { "text": "(f) Professional or graduate institutions \nSection 326(f) ( 20 U.S.C. 1063b(f) ) is amended— (1) in paragraph (1)— (A) by striking $26,600,000 and inserting $55,500,000 ; and (B) by striking (P) and inserting (R) ; (2) in paragraph (2)— (A) by striking $26,600,000 but not in excess of $28,600,000 and inserting $55,500,000, but not in excess of $58,500,000 ; and (B) by striking subparagraphs (Q) and (R) and inserting subparagraphs (S), (T), and (U) ; and (3) in paragraph (3)— (A) by striking $28,600,000 and inserting $58,500,000 ; and (B) by striking (R) and inserting (U).", "id": "H71B940F2EF9745F7A25EAA3FB6655C78", "header": "Professional or graduate institutions", "nested": [], "links": [ { "text": "20 U.S.C. 1063b(f)", "legal-doc": "usc", "parsable-cite": "usc/20/1063b" } ] }, { "text": "(g) Hold harmless \nSection 326(g) ( 20 U.S.C. 1063b(g) ) is amended by striking 1998 and inserting 2004.", "id": "HFE99794E61774EBA8CB38DF150BEEB6E", "header": "Hold harmless", "nested": [], "links": [ { "text": "20 U.S.C. 1063b(g)", "legal-doc": "usc", "parsable-cite": "usc/20/1063b" } ] } ], "links": [ { "text": "20 U.S.C. 1062(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1062" }, { "text": "20 U.S.C. 1062", "legal-doc": "usc", "parsable-cite": "usc/20/1062" }, { "text": "20 U.S.C. 1062(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/20/1062" }, { "text": "20 U.S.C. 1063(d)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1063" }, { "text": "20 U.S.C. 1063b(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1063b" }, { "text": "20 U.S.C. 1063b(e)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1063b" }, { "text": "20 U.S.C. 1063b(e)(3)", "legal-doc": "usc", "parsable-cite": "usc/20/1063b" }, { "text": "20 U.S.C. 1063b(f)", "legal-doc": "usc", "parsable-cite": "usc/20/1063b" }, { "text": "20 U.S.C. 1063b(g)", "legal-doc": "usc", "parsable-cite": "usc/20/1063b" } ] }, { "text": "304. Technical amendments \n(a) Amendments \nTitle III is further amended— (1) in section 311(c) ( 20 U.S.C. 1057(c) )— (A) by redesignating paragraphs (7) through (12) as paragraphs (8) through (13), respectively; and (B) by inserting after paragraph (6) the following: (7) Education or counseling services designed to improve the financial literacy and economic literacy of students and, as appropriate, their parents. ; (2) in section 312(b)(1)(F) ( 20 U.S.C. 1058(b)(1)(F) ), by inserting which is before located ; (3) in section 312(b)(1) ( 20 U.S.C. 1058(b)(1) ), by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively, and by inserting after subparagraph (D) the following new subparagraph: (E) which provides a program that is not less than a 2-year educational program that is acceptable for full credit toward a bachelor’s degree; ; (4) in section 316(b)(3) ( 20 U.S.C. 1059c(b)(3) ), by striking give and inserting given ; (5) in section 316(c)(2) ( 20 U.S.C. 1059c(c)(2) )— (A) by redesignating subparagraphs (G) through (M) (as redesignated by section 301(b)(2) of this Act) as subparagraphs (H) through (N), respectively; (B) by inserting after subparagraph (F) the following: (G) education or counseling services designed to improve the financial literacy and economic literacy of students and, as appropriate, their parents; ; and (C) in subparagraph (N), as redesignated by subparagraph (A), by striking subparagraphs (A) through (K) and inserting subparagraphs (A) through (M) ; (6) in section 317(c)(2) ( 20 U.S.C. 1059d(c)(2) )— (A) in subparagraph (G), by striking and after the semicolon; (B) in subparagraph (H), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (I) education or counseling services designed to improve the financial literacy and economic literacy of students and, as appropriate, their parents. ; (7) in section 323(a) ( 20 U.S.C. 1062(a) )— (A) by striking section 360(a)(2) and inserting 399(a)(2) ; (B) by redesignating paragraphs (7) through (12) as paragraphs (8) through (13), respectively; and (C) by inserting after paragraph (6) the following: (7) Education or counseling services designed to improve the financial literacy and economic literacy of students and, as appropriate, their parents. ; (8) in section 324(d)(2) ( 20 U.S.C. 1063(d)(2) ), by striking section 360(a)(2)(A) and inserting section 399(a)(2)(A) ; (9) in section 326(e)(1) ( 20 U.S.C. 1063b(e)(1) ), in the matter preceding subparagraph (A), by inserting a colon after the following ; (10) in section 327(b) ( 20 U.S.C. 1063c(b) ), by striking initial ; (11) in section 342(5)(C) ( 20 U.S.C. 1066a(5)(C) )— (A) by inserting a comma after equipment the first place it appears; and (B) by striking technology,, and inserting technology, ; (12) in section 343(e) ( 20 U.S.C. 1066b(e) ), by inserting after the subsection designation the following: Sale of Qualified Bonds.— ; (13) in section 351(a) ( 20 U.S.C. 1067a(a) ), by striking of 1979 ; and (14) in section 396 ( 20 U.S.C. 1068e ), by striking section 360 and inserting section 399. (b) Repeal \nSection 1024 ( 20 U.S.C. 1135b–3 ), as transferred by section 301(a)(5) of the Higher Education Amendments of 1998 ( Public Law 105–244 ; 112 Stat. 1636), is repealed.", "id": "H2330925779C14A4585D8787F11F80062", "header": "Technical amendments", "nested": [ { "text": "(a) Amendments \nTitle III is further amended— (1) in section 311(c) ( 20 U.S.C. 1057(c) )— (A) by redesignating paragraphs (7) through (12) as paragraphs (8) through (13), respectively; and (B) by inserting after paragraph (6) the following: (7) Education or counseling services designed to improve the financial literacy and economic literacy of students and, as appropriate, their parents. ; (2) in section 312(b)(1)(F) ( 20 U.S.C. 1058(b)(1)(F) ), by inserting which is before located ; (3) in section 312(b)(1) ( 20 U.S.C. 1058(b)(1) ), by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively, and by inserting after subparagraph (D) the following new subparagraph: (E) which provides a program that is not less than a 2-year educational program that is acceptable for full credit toward a bachelor’s degree; ; (4) in section 316(b)(3) ( 20 U.S.C. 1059c(b)(3) ), by striking give and inserting given ; (5) in section 316(c)(2) ( 20 U.S.C. 1059c(c)(2) )— (A) by redesignating subparagraphs (G) through (M) (as redesignated by section 301(b)(2) of this Act) as subparagraphs (H) through (N), respectively; (B) by inserting after subparagraph (F) the following: (G) education or counseling services designed to improve the financial literacy and economic literacy of students and, as appropriate, their parents; ; and (C) in subparagraph (N), as redesignated by subparagraph (A), by striking subparagraphs (A) through (K) and inserting subparagraphs (A) through (M) ; (6) in section 317(c)(2) ( 20 U.S.C. 1059d(c)(2) )— (A) in subparagraph (G), by striking and after the semicolon; (B) in subparagraph (H), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (I) education or counseling services designed to improve the financial literacy and economic literacy of students and, as appropriate, their parents. ; (7) in section 323(a) ( 20 U.S.C. 1062(a) )— (A) by striking section 360(a)(2) and inserting 399(a)(2) ; (B) by redesignating paragraphs (7) through (12) as paragraphs (8) through (13), respectively; and (C) by inserting after paragraph (6) the following: (7) Education or counseling services designed to improve the financial literacy and economic literacy of students and, as appropriate, their parents. ; (8) in section 324(d)(2) ( 20 U.S.C. 1063(d)(2) ), by striking section 360(a)(2)(A) and inserting section 399(a)(2)(A) ; (9) in section 326(e)(1) ( 20 U.S.C. 1063b(e)(1) ), in the matter preceding subparagraph (A), by inserting a colon after the following ; (10) in section 327(b) ( 20 U.S.C. 1063c(b) ), by striking initial ; (11) in section 342(5)(C) ( 20 U.S.C. 1066a(5)(C) )— (A) by inserting a comma after equipment the first place it appears; and (B) by striking technology,, and inserting technology, ; (12) in section 343(e) ( 20 U.S.C. 1066b(e) ), by inserting after the subsection designation the following: Sale of Qualified Bonds.— ; (13) in section 351(a) ( 20 U.S.C. 1067a(a) ), by striking of 1979 ; and (14) in section 396 ( 20 U.S.C. 1068e ), by striking section 360 and inserting section 399.", "id": "H88B067F5B25F4A9A000054CCCEFD511", "header": "Amendments", "nested": [], "links": [ { "text": "20 U.S.C. 1057(c)", "legal-doc": "usc", "parsable-cite": "usc/20/1057" }, { "text": "20 U.S.C. 1058(b)(1)(F)", "legal-doc": "usc", "parsable-cite": "usc/20/1058" }, { "text": "20 U.S.C. 1058(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1058" }, { "text": "20 U.S.C. 1059c(b)(3)", "legal-doc": "usc", "parsable-cite": "usc/20/1059c" }, { "text": "20 U.S.C. 1059c(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/20/1059c" }, { "text": "20 U.S.C. 1059d(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/20/1059d" }, { "text": "20 U.S.C. 1062(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1062" }, { "text": "20 U.S.C. 1063(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/20/1063" }, { "text": "20 U.S.C. 1063b(e)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1063b" }, { "text": "20 U.S.C. 1063c(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1063c" }, { "text": "20 U.S.C. 1066a(5)(C)", "legal-doc": "usc", "parsable-cite": "usc/20/1066a" }, { "text": "20 U.S.C. 1066b(e)", "legal-doc": "usc", "parsable-cite": "usc/20/1066b" }, { "text": "20 U.S.C. 1067a(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1067a" }, { "text": "20 U.S.C. 1068e", "legal-doc": "usc", "parsable-cite": "usc/20/1068e" } ] }, { "text": "(b) Repeal \nSection 1024 ( 20 U.S.C. 1135b–3 ), as transferred by section 301(a)(5) of the Higher Education Amendments of 1998 ( Public Law 105–244 ; 112 Stat. 1636), is repealed.", "id": "HDE397AB79B764D29AA6BB04C5F18958E", "header": "Repeal", "nested": [], "links": [ { "text": "20 U.S.C. 1135b–3", "legal-doc": "usc", "parsable-cite": "usc/20/1135b-3" }, { "text": "Public Law 105–244", "legal-doc": "public-law", "parsable-cite": "pl/105/244" } ] } ], "links": [ { "text": "20 U.S.C. 1057(c)", "legal-doc": "usc", "parsable-cite": "usc/20/1057" }, { "text": "20 U.S.C. 1058(b)(1)(F)", "legal-doc": "usc", "parsable-cite": "usc/20/1058" }, { "text": "20 U.S.C. 1058(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1058" }, { "text": "20 U.S.C. 1059c(b)(3)", "legal-doc": "usc", "parsable-cite": "usc/20/1059c" }, { "text": "20 U.S.C. 1059c(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/20/1059c" }, { "text": "20 U.S.C. 1059d(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/20/1059d" }, { "text": "20 U.S.C. 1062(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1062" }, { "text": "20 U.S.C. 1063(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/20/1063" }, { "text": "20 U.S.C. 1063b(e)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1063b" }, { "text": "20 U.S.C. 1063c(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1063c" }, { "text": "20 U.S.C. 1066a(5)(C)", "legal-doc": "usc", "parsable-cite": "usc/20/1066a" }, { "text": "20 U.S.C. 1066b(e)", "legal-doc": "usc", "parsable-cite": "usc/20/1066b" }, { "text": "20 U.S.C. 1067a(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1067a" }, { "text": "20 U.S.C. 1068e", "legal-doc": "usc", "parsable-cite": "usc/20/1068e" }, { "text": "20 U.S.C. 1135b–3", "legal-doc": "usc", "parsable-cite": "usc/20/1135b-3" }, { "text": "Public Law 105–244", "legal-doc": "public-law", "parsable-cite": "pl/105/244" } ] }, { "text": "305. Title III authorizations \nSection 399(a) ( 20 U.S.C. 1068h(a) ) is amended— (1) by striking 1999 each place it appears and inserting 2005 ; (2) by striking 4 succeeding fiscal years each place it appears and inserting 5 succeeding fiscal years ; (3) in paragraph (1)— (A) by striking $10,000,000 in subparagraph (B) and inserting $23,800,000 ; and (B) by striking $5,000,000 in subparagraph (C) and inserting $11,000,000 ; (4) in paragraph (2)— (A) by striking $135,000,000 in subparagraph (A) and inserting $241,000,000 ; and (B) by striking $35,000,000 in subparagraph (B) and inserting $59,000,000 ; and (5) in paragraph (4), by striking $110,000 and inserting $212,000.", "id": "HBA57E7AB634A43BEB8E793A433845FB3", "header": "Title III authorizations", "nested": [], "links": [ { "text": "20 U.S.C. 1068h(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1068h" } ] }, { "text": "401. Pell Grants \n(a) Extension of authority \nSection 401(a) ( 20 U.S.C. 1070a(a) ) is amended by striking 2004 and inserting 2011. (b) Direct payment \nSection 401(a) ( 20 U.S.C. 1070a(a) ) is further amended— (1) by striking paragraph (2); and (2) by redesignating paragraph (3) as paragraph (2). (c) Maximum grant extension \nParagraph (2)(A) of section 401(b) ( 20 U.S.C. 1070a(b)(2)(A) ) is amended to read as follows: (2)(A) The amount of the Federal Pell Grant for a student eligible under this part shall be $5,800 for academic years 2005–2006 through 2010–2011, less an amount equal to the amount determined to be the expected family contribution with respect to that student for that year.. (d) Tuition sensitivity \nSection 401(b) is further amended— (1) by striking paragraph (3); and (2) by redesignating paragraphs (4) through (8) as paragraphs (3) through (7), respectively. (e) Multiple grants \nParagraph (5) of section 401(b) (as redesignated by subsection (d)(2) ) is amended to read as follows: (5) Year-round Pell grants \n(A) In general \nThe Secretary shall, for students enrolled full time in a baccalaureate degree program of study at an eligible institution, award such students two Pell grants during a single award year to permit such students to accelerate progress toward their degree objectives by enrolling in academic programs for 12 months rather than 9 months. (B) Limitation \nThe Secretary shall limit the awarding of additional Pell grants under this paragraph in a single award year to students attending baccalaureate degree granting institutions that have a graduation rate as reported by the Integrated Postsecondary Education Data System for the 4 preceding academic years of at least 30 percent. (C) Evaluation \nThe Secretary shall conduct an evaluation of the program under this paragraph and submit to the Congress an evaluation report no later than October 1, 2010. (D) Regulations required \nThe Secretary shall promulgate regulations implementing this paragraph.. (f) Eligibility period \nSection 401(c)(2) ( 20 U.S.C. 1070a(c)(2) ) is amended by inserting , for not more than one academic year, after which are determined by the institution in the first sentence. (g) Pell Grants Plus: achievement grants for State scholars program \n(1) Amendment \nSubpart 1 of part A of title IV is amended by inserting after section 401 ( 20 U.S.C. 1070a ) the following new section: 401A. Pell Grants Plus: achievement grants for State scholars \n(a) Grants Authorized \nFrom sums appropriated to carry out section 401, the Secretary shall establish a program to award Pell Grants Plus to students who— (1) have successfully completed a rigorous high school program of study established by a State or local educational agency in consultation with a State coalition assisted by the Center for State Scholars; (2) are enrolled full-time in the first academic year of undergraduate education, and have not been previously enrolled in a program of undergraduate education; and (3) are eligible to receive Federal Pell Grants for the year in which the grant is awarded. (b) Amount of grants \n(1) In general \nExcept as provided in paragraph (2) , the amount of the grant awarded under this section shall be $1,000. (2) Assistance not to exceed cost of attendance \nA grant awarded under this section to any student, in combination with the Federal Pell Grant assistance and other student financial assistance available to such student, may not exceed the student’s cost of attendance. (c) Selection of recipients \n(1) Procedures established by regulation \nThe Secretary shall establish by regulation procedures for the determination of eligibility of students for the grants awarded under this section. Such procedures shall include measures to ensure that eligibility is determined in a timely and accurate manner consistent with the requirements of section 482 and the submission of the financial aid form required by section 483. (2) Required information \nEach eligible student desiring an award under this section shall submit at such time and in such manner such information as the Secretary may reasonably require. (3) Continuation of grant requirements \nIn order for a student to continue to be eligible to receive an award under this section for the second year of undergraduate education, the eligible student must— (A) maintain eligibility to receive a Federal Pell Grant for that year; (B) obtain a grade point average of at least 3.0 (or the equivalent as determined under regulations prescribed by the Secretary) for the first year of undergraduate education; and (C) be enrolled full-time and fulfill the requirements for satisfactory progress described in section 484(c). (d) Evaluation, and reports \nThe Secretary shall monitor the progress, retention, and completion rates of the students to whom awards are provided under this section. In doing so, the Secretary shall evaluate the impact of the Pell Grants Plus Program and report, not less than biennially, to the authorizing committees of the House of Representatives and the Senate.. (2) Conforming amendment \nChapter 3 of subpart 2 of part A of title IV (20 U.S.C. 1070a–31 through 1070a–35) is repealed.", "id": "H72B832632CC44B55AC64ADFA6DFD806F", "header": "Pell Grants", "nested": [ { "text": "(a) Extension of authority \nSection 401(a) ( 20 U.S.C. 1070a(a) ) is amended by striking 2004 and inserting 2011.", "id": "HE3BC5D095B8A43DD9DAA05E3E504EB5D", "header": "Extension of authority", "nested": [], "links": [ { "text": "20 U.S.C. 1070a(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a" } ] }, { "text": "(b) Direct payment \nSection 401(a) ( 20 U.S.C. 1070a(a) ) is further amended— (1) by striking paragraph (2); and (2) by redesignating paragraph (3) as paragraph (2).", "id": "H96B916ED03A14FB69734D29B3B86D82F", "header": "Direct payment", "nested": [], "links": [ { "text": "20 U.S.C. 1070a(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a" } ] }, { "text": "(c) Maximum grant extension \nParagraph (2)(A) of section 401(b) ( 20 U.S.C. 1070a(b)(2)(A) ) is amended to read as follows: (2)(A) The amount of the Federal Pell Grant for a student eligible under this part shall be $5,800 for academic years 2005–2006 through 2010–2011, less an amount equal to the amount determined to be the expected family contribution with respect to that student for that year..", "id": "HC6FA923E52BF4A8F8C384139DB183D29", "header": "Maximum grant extension", "nested": [], "links": [ { "text": "20 U.S.C. 1070a(b)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a" } ] }, { "text": "(d) Tuition sensitivity \nSection 401(b) is further amended— (1) by striking paragraph (3); and (2) by redesignating paragraphs (4) through (8) as paragraphs (3) through (7), respectively.", "id": "H328F633F597943508CA190479E945914", "header": "Tuition sensitivity", "nested": [], "links": [] }, { "text": "(e) Multiple grants \nParagraph (5) of section 401(b) (as redesignated by subsection (d)(2) ) is amended to read as follows: (5) Year-round Pell grants \n(A) In general \nThe Secretary shall, for students enrolled full time in a baccalaureate degree program of study at an eligible institution, award such students two Pell grants during a single award year to permit such students to accelerate progress toward their degree objectives by enrolling in academic programs for 12 months rather than 9 months. (B) Limitation \nThe Secretary shall limit the awarding of additional Pell grants under this paragraph in a single award year to students attending baccalaureate degree granting institutions that have a graduation rate as reported by the Integrated Postsecondary Education Data System for the 4 preceding academic years of at least 30 percent. (C) Evaluation \nThe Secretary shall conduct an evaluation of the program under this paragraph and submit to the Congress an evaluation report no later than October 1, 2010. (D) Regulations required \nThe Secretary shall promulgate regulations implementing this paragraph..", "id": "HEBBD380299684F43A41F89E7144E1C5E", "header": "Multiple grants", "nested": [], "links": [] }, { "text": "(f) Eligibility period \nSection 401(c)(2) ( 20 U.S.C. 1070a(c)(2) ) is amended by inserting , for not more than one academic year, after which are determined by the institution in the first sentence.", "id": "H4D883976CD4B497F8F7BFF90266C81D9", "header": "Eligibility period", "nested": [], "links": [ { "text": "20 U.S.C. 1070a(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a" } ] }, { "text": "(g) Pell Grants Plus: achievement grants for State scholars program \n(1) Amendment \nSubpart 1 of part A of title IV is amended by inserting after section 401 ( 20 U.S.C. 1070a ) the following new section: 401A. Pell Grants Plus: achievement grants for State scholars \n(a) Grants Authorized \nFrom sums appropriated to carry out section 401, the Secretary shall establish a program to award Pell Grants Plus to students who— (1) have successfully completed a rigorous high school program of study established by a State or local educational agency in consultation with a State coalition assisted by the Center for State Scholars; (2) are enrolled full-time in the first academic year of undergraduate education, and have not been previously enrolled in a program of undergraduate education; and (3) are eligible to receive Federal Pell Grants for the year in which the grant is awarded. (b) Amount of grants \n(1) In general \nExcept as provided in paragraph (2) , the amount of the grant awarded under this section shall be $1,000. (2) Assistance not to exceed cost of attendance \nA grant awarded under this section to any student, in combination with the Federal Pell Grant assistance and other student financial assistance available to such student, may not exceed the student’s cost of attendance. (c) Selection of recipients \n(1) Procedures established by regulation \nThe Secretary shall establish by regulation procedures for the determination of eligibility of students for the grants awarded under this section. Such procedures shall include measures to ensure that eligibility is determined in a timely and accurate manner consistent with the requirements of section 482 and the submission of the financial aid form required by section 483. (2) Required information \nEach eligible student desiring an award under this section shall submit at such time and in such manner such information as the Secretary may reasonably require. (3) Continuation of grant requirements \nIn order for a student to continue to be eligible to receive an award under this section for the second year of undergraduate education, the eligible student must— (A) maintain eligibility to receive a Federal Pell Grant for that year; (B) obtain a grade point average of at least 3.0 (or the equivalent as determined under regulations prescribed by the Secretary) for the first year of undergraduate education; and (C) be enrolled full-time and fulfill the requirements for satisfactory progress described in section 484(c). (d) Evaluation, and reports \nThe Secretary shall monitor the progress, retention, and completion rates of the students to whom awards are provided under this section. In doing so, the Secretary shall evaluate the impact of the Pell Grants Plus Program and report, not less than biennially, to the authorizing committees of the House of Representatives and the Senate.. (2) Conforming amendment \nChapter 3 of subpart 2 of part A of title IV (20 U.S.C. 1070a–31 through 1070a–35) is repealed.", "id": "HB87A516058A74B00BDA9665100E1551", "header": "Pell Grants Plus: achievement grants for State scholars program", "nested": [], "links": [ { "text": "20 U.S.C. 1070a", "legal-doc": "usc", "parsable-cite": "usc/20/1070a" } ] } ], "links": [ { "text": "20 U.S.C. 1070a(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a" }, { "text": "20 U.S.C. 1070a(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a" }, { "text": "20 U.S.C. 1070a(b)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a" }, { "text": "20 U.S.C. 1070a(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a" }, { "text": "20 U.S.C. 1070a", "legal-doc": "usc", "parsable-cite": "usc/20/1070a" } ] }, { "text": "401A. Pell Grants Plus: achievement grants for State scholars \n(a) Grants Authorized \nFrom sums appropriated to carry out section 401, the Secretary shall establish a program to award Pell Grants Plus to students who— (1) have successfully completed a rigorous high school program of study established by a State or local educational agency in consultation with a State coalition assisted by the Center for State Scholars; (2) are enrolled full-time in the first academic year of undergraduate education, and have not been previously enrolled in a program of undergraduate education; and (3) are eligible to receive Federal Pell Grants for the year in which the grant is awarded. (b) Amount of grants \n(1) In general \nExcept as provided in paragraph (2) , the amount of the grant awarded under this section shall be $1,000. (2) Assistance not to exceed cost of attendance \nA grant awarded under this section to any student, in combination with the Federal Pell Grant assistance and other student financial assistance available to such student, may not exceed the student’s cost of attendance. (c) Selection of recipients \n(1) Procedures established by regulation \nThe Secretary shall establish by regulation procedures for the determination of eligibility of students for the grants awarded under this section. Such procedures shall include measures to ensure that eligibility is determined in a timely and accurate manner consistent with the requirements of section 482 and the submission of the financial aid form required by section 483. (2) Required information \nEach eligible student desiring an award under this section shall submit at such time and in such manner such information as the Secretary may reasonably require. (3) Continuation of grant requirements \nIn order for a student to continue to be eligible to receive an award under this section for the second year of undergraduate education, the eligible student must— (A) maintain eligibility to receive a Federal Pell Grant for that year; (B) obtain a grade point average of at least 3.0 (or the equivalent as determined under regulations prescribed by the Secretary) for the first year of undergraduate education; and (C) be enrolled full-time and fulfill the requirements for satisfactory progress described in section 484(c). (d) Evaluation, and reports \nThe Secretary shall monitor the progress, retention, and completion rates of the students to whom awards are provided under this section. In doing so, the Secretary shall evaluate the impact of the Pell Grants Plus Program and report, not less than biennially, to the authorizing committees of the House of Representatives and the Senate.", "id": "H30124C9F5AEE4895905D89BF25C3427", "header": "Pell Grants Plus: achievement grants for State scholars", "nested": [ { "text": "(a) Grants Authorized \nFrom sums appropriated to carry out section 401, the Secretary shall establish a program to award Pell Grants Plus to students who— (1) have successfully completed a rigorous high school program of study established by a State or local educational agency in consultation with a State coalition assisted by the Center for State Scholars; (2) are enrolled full-time in the first academic year of undergraduate education, and have not been previously enrolled in a program of undergraduate education; and (3) are eligible to receive Federal Pell Grants for the year in which the grant is awarded.", "id": "H2EEACE0FA6AD426391394E3E5E0000CF", "header": "Grants Authorized", "nested": [], "links": [] }, { "text": "(b) Amount of grants \n(1) In general \nExcept as provided in paragraph (2) , the amount of the grant awarded under this section shall be $1,000. (2) Assistance not to exceed cost of attendance \nA grant awarded under this section to any student, in combination with the Federal Pell Grant assistance and other student financial assistance available to such student, may not exceed the student’s cost of attendance.", "id": "H6CF966F802DD47A38E252181E043FA7", "header": "Amount of grants", "nested": [], "links": [] }, { "text": "(c) Selection of recipients \n(1) Procedures established by regulation \nThe Secretary shall establish by regulation procedures for the determination of eligibility of students for the grants awarded under this section. Such procedures shall include measures to ensure that eligibility is determined in a timely and accurate manner consistent with the requirements of section 482 and the submission of the financial aid form required by section 483. (2) Required information \nEach eligible student desiring an award under this section shall submit at such time and in such manner such information as the Secretary may reasonably require. (3) Continuation of grant requirements \nIn order for a student to continue to be eligible to receive an award under this section for the second year of undergraduate education, the eligible student must— (A) maintain eligibility to receive a Federal Pell Grant for that year; (B) obtain a grade point average of at least 3.0 (or the equivalent as determined under regulations prescribed by the Secretary) for the first year of undergraduate education; and (C) be enrolled full-time and fulfill the requirements for satisfactory progress described in section 484(c).", "id": "H33CE991793684B3893953254DEF6AA5B", "header": "Selection of recipients", "nested": [], "links": [] }, { "text": "(d) Evaluation, and reports \nThe Secretary shall monitor the progress, retention, and completion rates of the students to whom awards are provided under this section. In doing so, the Secretary shall evaluate the impact of the Pell Grants Plus Program and report, not less than biennially, to the authorizing committees of the House of Representatives and the Senate.", "id": "HAAEF95FEE55840EB9F67F4C6B7489036", "header": "Evaluation, and reports", "nested": [], "links": [] } ], "links": [] }, { "text": "402. TRIO programs \n(a) Duration of grants \n(1) Amendment \nSection 402A(b)(2) ( 20 U.S.C. 1070a–11(b)(2) ) is amended to read as follows: (2) Duration \nGrants or contracts awarded under this chapter shall be awarded for a period of 5 years, except that— (A) grants under section 402G shall be awarded for a period of 2 years; and (B) grants under section 402H shall be awarded for a period determined by the Secretary.. (2) Transition to synchronous grant periods \nNotwithstanding section 402A(b)(2) of the Higher Education Act of 1965 (as in effect both prior to and after the amendment made by paragraph (1) of this subsection), the Secretary of Education may continue an award made before the date of enactment of this Act under section 402B, 402C, 402D, 402E, or 402F of such Act as necessary to permit all the awards made under such a section to expire at the end of the same fiscal year, and thereafter to expire at the end of 5 years as provided in the amendment made by paragraph (1) of this subsection. (b) Minimum grants \nSection 402A(b)(3) ( 20 U.S.C. 1070a–11(b)(3) ) is amended to read as follows: (3) Minimum grants \nUnless the institution or agency requests a smaller amount, individual grants for programs authorized under this chapter shall be no less than $200,000, except that individual grants for programs authorized under section 402G shall be no less than $170,000.. (c) Prior experience; novice applicants \nSection 402A(c)(2) ( 20 U.S.C. 1070a–11(c)(2) ) is amended— (1) by striking In making grants and inserting (A) Subject to subparagraph (B), in making grants ; and (2) by adding at the end the following new subparagraph: (B) From the amount available under subsection (f) for a program under this chapter (other than a program under section 402G or 402H) for any fiscal year in which the Secretary conducts a competition for the award of grants or contracts under such program, the Secretary shall reserve 10 percent of such available amount for purposes of funding applications from novice applicants. If the Secretary determines that there are an insufficient number of qualified novice applicants to utilize the amount so reserved, the Secretary shall restore the unutilized remainder of the amount reserved for use by applicants qualifying under subparagraph (A).. (d) Application status \nSection 402A(c) ( 20 U.S.C. 1070a–11(c) ) is amended by striking paragraph (7). (e) Documentation of status \nSection 402A(e) ( 20 U.S.C. 1070a–11(e) ) is amended by striking (g)(2) each place it appears in paragraphs (1) and (2) and inserting (g)(4). (f) Authorization of appropriations \nSection 402A(f) ( 20 U.S.C. 1070a–11(f) ) is amended by striking $700,000,000 for fiscal year 1999, and such sums as may be necessary for each of the 4 succeeding fiscal years and inserting $835,000,000 for fiscal year 2005 and such sums as may be necessary for each of the 5 succeeding fiscal years. (g) Definition \nSection 402A(g) ( 20 U.S.C. 1070a–11(g) ) is amended— (1) in paragraph (3), by striking by reason of such individual’s age ; (2) by redesignating paragraphs (1) through (4) as paragraphs (3) through (6), respectively; and (3) by inserting before paragraph (3), as redesignated, the following: (1) Different campus \nThe term different campus means an institutional site that— (A) is geographically apart from the main campus of the institution; (B) is permanent in nature; and (C) offers courses in educational programs leading to a degree, certificate, or other recognized educational credential. (2) Different population \nThe term different population means a group of individuals, with respect to whom an entity seeks to serve through an application for funding under this chapter, that— (A) is separate and distinct from any other population that the entity seeks to serve through an application for funding under this chapter; or (B) while sharing some of the same needs as another population that the entity seeks to serve through an application for funding under this chapter, has distinct needs for specialized services.. (h) Education and counseling services \nChapter 1 of subpart 2 of part A of title IV is further amended— (1) in section 402B(b) ( 20 U.S.C. 1070a–12(b) )— (A) by redesignating paragraphs (3) through (10) as paragraphs (4) through (11), respectively; (B) by inserting after paragraph (2) the following: (3) education or counseling services designed to improve the financial literacy and economic literacy of students and, as appropriate, their parents; ; and (C) in paragraph (11), as redesignated by subparagraph (A), by striking paragraphs (1) through (9) and inserting paragraphs (1) through (10). (2) in section 402C ( 20 U.S.C. 1070a–13 )— (A) in subsection (b)— (i) by redesignating paragraphs (2) through (12) as paragraphs (3) through (13), respectively; (ii) by inserting after paragraph (1) the following: (2) education or counseling services designed to improve the financial literacy and economic literacy of students and, as appropriate, their parents; ; and (iii) in paragraph (13), as redesignated by clause (i), by striking paragraphs (1) through (11) and inserting paragraphs (1) through (12) ; and (B) in subsection (e), by striking subsection (b)(10) and inserting subsection (b)(11) ; (3) in section 402D(b) ( 20 U.S.C. 1070a–14(b) )— (A) by redesignating paragraphs (2) through (10) as paragraphs (3) through (11), respectively; (B) by inserting after paragraph (1) the following: (2) education or counseling services designed to improve the financial literacy and economic literacy of students and, as appropriate, their parents; ; and (C) in paragraph (11), as redesignated by subparagraph (A), by striking paragraphs (1) through (9) and inserting paragraphs (1) through (10) ; (4) in section 402E(b) ( 20 U.S.C. 1070a–15(b) )— (A) by redesignating paragraphs (7) and (8) as paragraphs (8) and (9), respectively; and (B) by inserting after paragraph (6) the following: (7) education or counseling services designed to improve the financial literacy and economic literacy of students and, as appropriate, their parents; ; (5) in section 402F(b) ( 20 U.S.C. 1070a–16(b) ) — (A) by redesignating paragraphs (4) through (10) as paragraphs (5) through (11), respectively; (B) by inserting after paragraph (3) the following: (4) education or counseling services designed to improve the financial literacy and economic literacy of students and, as appropriate, their parents; ; and (C) in paragraph (11), as redesignated by subparagraph (A), by striking paragraphs (1) through (9) and inserting paragraphs (1) through (10). (i) Maximum stipends \nSection 402C(e) ( 20 U.S.C. 1070a–13(e) ) is amended— (1) by striking $60 and inserting $100 ; and (2) by striking $40 and inserting $60. (j) Student support services \nSection 402D(d)(6) ( 20 U.S.C. 1070a–14(d)(6) ) is amended— (1) by striking and at the end of subparagraph (A); (2) by striking the period at the end of subparagraph (B) and inserting ; and ; and (3) by inserting after subparagraph (B) the following new subparagraph: (C) working with other entities that serve low-income working adults to increase access to and successful progress in postsecondary education by low-income working adults seeking their first postsecondary degree or certificate.. (k) Postbaccalaureate achievement maximum stipends \nSection 402E(e)(1) ( 20 U.S.C. 1070a–15(e)(1) ) is amended by striking $2,800 and inserting $5,000. (l) Educational opportunity centers: application approval \nSection 402F(c) ( 20 U.S.C. 1070a–16(c) ) is amended— (1) by striking and at the end of paragraph (2); (2) by striking the period at the end of paragraph (3) and inserting ; and ; and (3) by inserting after paragraph (3) the following new paragraph: (4) consider the extent to which the proposed project would provide services to low-income working adults in the region to be served, in order to increase access to postsecondary education by low-income working adults..", "id": "HB5F6951B51284115B5283400496072D3", "header": "TRIO programs", "nested": [ { "text": "(a) Duration of grants \n(1) Amendment \nSection 402A(b)(2) ( 20 U.S.C. 1070a–11(b)(2) ) is amended to read as follows: (2) Duration \nGrants or contracts awarded under this chapter shall be awarded for a period of 5 years, except that— (A) grants under section 402G shall be awarded for a period of 2 years; and (B) grants under section 402H shall be awarded for a period determined by the Secretary.. (2) Transition to synchronous grant periods \nNotwithstanding section 402A(b)(2) of the Higher Education Act of 1965 (as in effect both prior to and after the amendment made by paragraph (1) of this subsection), the Secretary of Education may continue an award made before the date of enactment of this Act under section 402B, 402C, 402D, 402E, or 402F of such Act as necessary to permit all the awards made under such a section to expire at the end of the same fiscal year, and thereafter to expire at the end of 5 years as provided in the amendment made by paragraph (1) of this subsection.", "id": "HC27A82AF82284C39AE986333B53633BA", "header": "Duration of grants", "nested": [], "links": [ { "text": "20 U.S.C. 1070a–11(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-11" } ] }, { "text": "(b) Minimum grants \nSection 402A(b)(3) ( 20 U.S.C. 1070a–11(b)(3) ) is amended to read as follows: (3) Minimum grants \nUnless the institution or agency requests a smaller amount, individual grants for programs authorized under this chapter shall be no less than $200,000, except that individual grants for programs authorized under section 402G shall be no less than $170,000..", "id": "H406226860F074F15A8CCAADAE636DE41", "header": "Minimum grants", "nested": [], "links": [ { "text": "20 U.S.C. 1070a–11(b)(3)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-11" } ] }, { "text": "(c) Prior experience; novice applicants \nSection 402A(c)(2) ( 20 U.S.C. 1070a–11(c)(2) ) is amended— (1) by striking In making grants and inserting (A) Subject to subparagraph (B), in making grants ; and (2) by adding at the end the following new subparagraph: (B) From the amount available under subsection (f) for a program under this chapter (other than a program under section 402G or 402H) for any fiscal year in which the Secretary conducts a competition for the award of grants or contracts under such program, the Secretary shall reserve 10 percent of such available amount for purposes of funding applications from novice applicants. If the Secretary determines that there are an insufficient number of qualified novice applicants to utilize the amount so reserved, the Secretary shall restore the unutilized remainder of the amount reserved for use by applicants qualifying under subparagraph (A)..", "id": "HD7D1B45642DA419D00F9FA53BF696117", "header": "Prior experience; novice applicants", "nested": [], "links": [ { "text": "20 U.S.C. 1070a–11(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-11" } ] }, { "text": "(d) Application status \nSection 402A(c) ( 20 U.S.C. 1070a–11(c) ) is amended by striking paragraph (7).", "id": "H8969F700D9764C2493F501C0F8859E55", "header": "Application status", "nested": [], "links": [ { "text": "20 U.S.C. 1070a–11(c)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-11" } ] }, { "text": "(e) Documentation of status \nSection 402A(e) ( 20 U.S.C. 1070a–11(e) ) is amended by striking (g)(2) each place it appears in paragraphs (1) and (2) and inserting (g)(4).", "id": "HB7381B4151254208BD6D282C9EB8ABD3", "header": "Documentation of status", "nested": [], "links": [ { "text": "20 U.S.C. 1070a–11(e)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-11" } ] }, { "text": "(f) Authorization of appropriations \nSection 402A(f) ( 20 U.S.C. 1070a–11(f) ) is amended by striking $700,000,000 for fiscal year 1999, and such sums as may be necessary for each of the 4 succeeding fiscal years and inserting $835,000,000 for fiscal year 2005 and such sums as may be necessary for each of the 5 succeeding fiscal years.", "id": "H73220EBBA27847ACB5FFD7FC35BA77AE", "header": "Authorization of appropriations", "nested": [], "links": [ { "text": "20 U.S.C. 1070a–11(f)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-11" } ] }, { "text": "(g) Definition \nSection 402A(g) ( 20 U.S.C. 1070a–11(g) ) is amended— (1) in paragraph (3), by striking by reason of such individual’s age ; (2) by redesignating paragraphs (1) through (4) as paragraphs (3) through (6), respectively; and (3) by inserting before paragraph (3), as redesignated, the following: (1) Different campus \nThe term different campus means an institutional site that— (A) is geographically apart from the main campus of the institution; (B) is permanent in nature; and (C) offers courses in educational programs leading to a degree, certificate, or other recognized educational credential. (2) Different population \nThe term different population means a group of individuals, with respect to whom an entity seeks to serve through an application for funding under this chapter, that— (A) is separate and distinct from any other population that the entity seeks to serve through an application for funding under this chapter; or (B) while sharing some of the same needs as another population that the entity seeks to serve through an application for funding under this chapter, has distinct needs for specialized services..", "id": "HB64A1572121D40D090EFFA34BD8E3E65", "header": "Definition", "nested": [], "links": [ { "text": "20 U.S.C. 1070a–11(g)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-11" } ] }, { "text": "(h) Education and counseling services \nChapter 1 of subpart 2 of part A of title IV is further amended— (1) in section 402B(b) ( 20 U.S.C. 1070a–12(b) )— (A) by redesignating paragraphs (3) through (10) as paragraphs (4) through (11), respectively; (B) by inserting after paragraph (2) the following: (3) education or counseling services designed to improve the financial literacy and economic literacy of students and, as appropriate, their parents; ; and (C) in paragraph (11), as redesignated by subparagraph (A), by striking paragraphs (1) through (9) and inserting paragraphs (1) through (10). (2) in section 402C ( 20 U.S.C. 1070a–13 )— (A) in subsection (b)— (i) by redesignating paragraphs (2) through (12) as paragraphs (3) through (13), respectively; (ii) by inserting after paragraph (1) the following: (2) education or counseling services designed to improve the financial literacy and economic literacy of students and, as appropriate, their parents; ; and (iii) in paragraph (13), as redesignated by clause (i), by striking paragraphs (1) through (11) and inserting paragraphs (1) through (12) ; and (B) in subsection (e), by striking subsection (b)(10) and inserting subsection (b)(11) ; (3) in section 402D(b) ( 20 U.S.C. 1070a–14(b) )— (A) by redesignating paragraphs (2) through (10) as paragraphs (3) through (11), respectively; (B) by inserting after paragraph (1) the following: (2) education or counseling services designed to improve the financial literacy and economic literacy of students and, as appropriate, their parents; ; and (C) in paragraph (11), as redesignated by subparagraph (A), by striking paragraphs (1) through (9) and inserting paragraphs (1) through (10) ; (4) in section 402E(b) ( 20 U.S.C. 1070a–15(b) )— (A) by redesignating paragraphs (7) and (8) as paragraphs (8) and (9), respectively; and (B) by inserting after paragraph (6) the following: (7) education or counseling services designed to improve the financial literacy and economic literacy of students and, as appropriate, their parents; ; (5) in section 402F(b) ( 20 U.S.C. 1070a–16(b) ) — (A) by redesignating paragraphs (4) through (10) as paragraphs (5) through (11), respectively; (B) by inserting after paragraph (3) the following: (4) education or counseling services designed to improve the financial literacy and economic literacy of students and, as appropriate, their parents; ; and (C) in paragraph (11), as redesignated by subparagraph (A), by striking paragraphs (1) through (9) and inserting paragraphs (1) through (10).", "id": "H3FB7386C02554B1BA2CD0501B9000061", "header": "Education and counseling services", "nested": [], "links": [ { "text": "20 U.S.C. 1070a–12(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-12" }, { "text": "20 U.S.C. 1070a–13", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-13" }, { "text": "20 U.S.C. 1070a–14(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-14" }, { "text": "20 U.S.C. 1070a–15(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-15" }, { "text": "20 U.S.C. 1070a–16(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-16" } ] }, { "text": "(i) Maximum stipends \nSection 402C(e) ( 20 U.S.C. 1070a–13(e) ) is amended— (1) by striking $60 and inserting $100 ; and (2) by striking $40 and inserting $60.", "id": "HC71383E9DA084E2B92818E045F692CB1", "header": "Maximum stipends", "nested": [], "links": [ { "text": "20 U.S.C. 1070a–13(e)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-13" } ] }, { "text": "(j) Student support services \nSection 402D(d)(6) ( 20 U.S.C. 1070a–14(d)(6) ) is amended— (1) by striking and at the end of subparagraph (A); (2) by striking the period at the end of subparagraph (B) and inserting ; and ; and (3) by inserting after subparagraph (B) the following new subparagraph: (C) working with other entities that serve low-income working adults to increase access to and successful progress in postsecondary education by low-income working adults seeking their first postsecondary degree or certificate..", "id": "H42F2023467F64781B762534C0214D1D1", "header": "Student support services", "nested": [], "links": [ { "text": "20 U.S.C. 1070a–14(d)(6)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-14" } ] }, { "text": "(k) Postbaccalaureate achievement maximum stipends \nSection 402E(e)(1) ( 20 U.S.C. 1070a–15(e)(1) ) is amended by striking $2,800 and inserting $5,000.", "id": "HE0CEAB78FE3F4A7F00A98D26AF4EB7C4", "header": "Postbaccalaureate achievement maximum stipends", "nested": [], "links": [ { "text": "20 U.S.C. 1070a–15(e)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-15" } ] }, { "text": "(l) Educational opportunity centers: application approval \nSection 402F(c) ( 20 U.S.C. 1070a–16(c) ) is amended— (1) by striking and at the end of paragraph (2); (2) by striking the period at the end of paragraph (3) and inserting ; and ; and (3) by inserting after paragraph (3) the following new paragraph: (4) consider the extent to which the proposed project would provide services to low-income working adults in the region to be served, in order to increase access to postsecondary education by low-income working adults..", "id": "HCB858D6E16174825A9E7C501D3579B92", "header": "Educational opportunity centers: application approval", "nested": [], "links": [ { "text": "20 U.S.C. 1070a–16(c)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-16" } ] } ], "links": [ { "text": "20 U.S.C. 1070a–11(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-11" }, { "text": "20 U.S.C. 1070a–11(b)(3)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-11" }, { "text": "20 U.S.C. 1070a–11(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-11" }, { "text": "20 U.S.C. 1070a–11(c)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-11" }, { "text": "20 U.S.C. 1070a–11(e)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-11" }, { "text": "20 U.S.C. 1070a–11(f)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-11" }, { "text": "20 U.S.C. 1070a–11(g)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-11" }, { "text": "20 U.S.C. 1070a–12(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-12" }, { "text": "20 U.S.C. 1070a–13", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-13" }, { "text": "20 U.S.C. 1070a–14(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-14" }, { "text": "20 U.S.C. 1070a–15(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-15" }, { "text": "20 U.S.C. 1070a–16(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-16" }, { "text": "20 U.S.C. 1070a–13(e)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-13" }, { "text": "20 U.S.C. 1070a–14(d)(6)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-14" }, { "text": "20 U.S.C. 1070a–15(e)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-15" }, { "text": "20 U.S.C. 1070a–16(c)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-16" } ] }, { "text": "403. GEARUP \n(a) Duration of awards \nSection 404A(b) ( 20 U.S.C. 1070a–21(b) ) is amended— (1) in paragraph (2)(B), by striking Higher Education Amendments of 1998 and inserting ; and (2) by adding at the end thereof the following new paragraph: (3) Duration \nAn award made by the Secretary under this chapter to an eligible entity described in paragraph (1) or (2) of subsection (c) shall be for the period of 6 years.. (b) Continuing eligibility \nSection 404A ( 20 U.S.C. 1070a–21 ) is amended by adding at the end the following new subsection: (d) Continuing eligibility \nAn eligible entity shall not cease to be an eligible entity upon the expiration of any grant under this chapter (including a continuation award).. (c) Continuity of service \n(1) Cohort approach \nSection 404B(g)(1)(B) ( 20 U.S.C. 1070a–22(g)(1)(B) ) is amended by inserting and provide the option of continued services through the student’s first year of attendance at an eligible institution of higher education after grade level. (2) Early intervention \nSection 404D ( 20 U.S.C. 1070a–24 ) is amended— (A) in subsection (b)(2)(A), by inserting and students in the first year of attendance at an eligible institution of higher education after grade 12 ; and (B) in subsection (c), by inserting and may consider students in their first year of attendance at an eligible institution who is eligible after grade 12. (d) Coordination \nSection 404C(a)(2) ( 20 U.S.C. 1070a–23(a)(2) ) is amended— (1) by striking and at the end of subparagraph (A); (2) by redesignating subparagraph (B) as subparagraph (C); and (3) by inserting after subparagraph (A) the following new subparagraph: (B) describe activities for coordinating, complementing, and enhancing services under this chapter provided by other eligible entities in the State; and. (e) Education and counseling services \nSection 404D(b)(2)(A)(ii) ( 20 U.S.C. 1070a–24(b)(2)(A)(ii) ) is amended by striking and academic counseling and inserting academic counseling, and financial literacy and economic literacy education or counseling. (f) Reauthorization \nSection 404H ( 20 U.S.C. 1070a–28 ) is amended by striking $200,000,000 for fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years and inserting $300,000,000 for fiscal year 2005 and such sums as may be necessary for each of the 5 succeeding fiscal years.", "id": "H160B019550664DE79DA56DEC38DBCDD", "header": "GEARUP", "nested": [ { "text": "(a) Duration of awards \nSection 404A(b) ( 20 U.S.C. 1070a–21(b) ) is amended— (1) in paragraph (2)(B), by striking Higher Education Amendments of 1998 and inserting ; and (2) by adding at the end thereof the following new paragraph: (3) Duration \nAn award made by the Secretary under this chapter to an eligible entity described in paragraph (1) or (2) of subsection (c) shall be for the period of 6 years..", "id": "H165CC776EC5C43598C89F530EE869062", "header": "Duration of awards", "nested": [], "links": [ { "text": "20 U.S.C. 1070a–21(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-21" } ] }, { "text": "(b) Continuing eligibility \nSection 404A ( 20 U.S.C. 1070a–21 ) is amended by adding at the end the following new subsection: (d) Continuing eligibility \nAn eligible entity shall not cease to be an eligible entity upon the expiration of any grant under this chapter (including a continuation award)..", "id": "HF95DB29F77884600AE57FE7436F29DE2", "header": "Continuing eligibility", "nested": [], "links": [ { "text": "20 U.S.C. 1070a–21", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-21" } ] }, { "text": "(c) Continuity of service \n(1) Cohort approach \nSection 404B(g)(1)(B) ( 20 U.S.C. 1070a–22(g)(1)(B) ) is amended by inserting and provide the option of continued services through the student’s first year of attendance at an eligible institution of higher education after grade level. (2) Early intervention \nSection 404D ( 20 U.S.C. 1070a–24 ) is amended— (A) in subsection (b)(2)(A), by inserting and students in the first year of attendance at an eligible institution of higher education after grade 12 ; and (B) in subsection (c), by inserting and may consider students in their first year of attendance at an eligible institution who is eligible after grade 12.", "id": "H37B26E161B594FAEA114299F48384E3C", "header": "Continuity of service", "nested": [], "links": [ { "text": "20 U.S.C. 1070a–22(g)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-22" }, { "text": "20 U.S.C. 1070a–24", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-24" } ] }, { "text": "(d) Coordination \nSection 404C(a)(2) ( 20 U.S.C. 1070a–23(a)(2) ) is amended— (1) by striking and at the end of subparagraph (A); (2) by redesignating subparagraph (B) as subparagraph (C); and (3) by inserting after subparagraph (A) the following new subparagraph: (B) describe activities for coordinating, complementing, and enhancing services under this chapter provided by other eligible entities in the State; and.", "id": "H6AA18C5D4CFF496AB961FA6ECA912307", "header": "Coordination", "nested": [], "links": [ { "text": "20 U.S.C. 1070a–23(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-23" } ] }, { "text": "(e) Education and counseling services \nSection 404D(b)(2)(A)(ii) ( 20 U.S.C. 1070a–24(b)(2)(A)(ii) ) is amended by striking and academic counseling and inserting academic counseling, and financial literacy and economic literacy education or counseling.", "id": "HEBA4CEEF99EA478AAA68621521B9C479", "header": "Education and counseling services", "nested": [], "links": [ { "text": "20 U.S.C. 1070a–24(b)(2)(A)(ii)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-24" } ] }, { "text": "(f) Reauthorization \nSection 404H ( 20 U.S.C. 1070a–28 ) is amended by striking $200,000,000 for fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years and inserting $300,000,000 for fiscal year 2005 and such sums as may be necessary for each of the 5 succeeding fiscal years.", "id": "H8DC8EA1B46884B36A5A158E3991E3896", "header": "Reauthorization", "nested": [], "links": [ { "text": "20 U.S.C. 1070a–28", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-28" } ] } ], "links": [ { "text": "20 U.S.C. 1070a–21(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-21" }, { "text": "20 U.S.C. 1070a–21", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-21" }, { "text": "20 U.S.C. 1070a–22(g)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-22" }, { "text": "20 U.S.C. 1070a–24", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-24" }, { "text": "20 U.S.C. 1070a–23(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-23" }, { "text": "20 U.S.C. 1070a–24(b)(2)(A)(ii)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-24" }, { "text": "20 U.S.C. 1070a–28", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-28" } ] }, { "text": "404. Federal Supplemental Educational Opportunity Grants \n(a) Authorization of appropriations \nSection 413A(b)(1) ( 20 U.S.C. 1070b(b)(1) ) is amended by striking $675,000,000 for fiscal year 1999 and such sums as may be necessary for the 4 succeeding fiscal years and inserting $770,500,000 for fiscal year 2005 and such sums as may be necessary for the 5 succeeding fiscal years. (b) Phaseout of allocation based on previous allocations \n(1) Amendment \nSubsection (a) of section 413D ( 20 U.S.C. 1070b–3(a) ) is amended to read as follows: (a) Allocation based on previous allocation \n(1) Base guarantee \nFrom the amount appropriated pursuant to section 413A(b) for each fiscal year after fiscal year 2006, the Secretary shall, subject to paragraph (2) , first allocate to each eligible institution an amount equal to the following percentage of the amount such institution received under subsection (a) of this section for fiscal year 2006 (as such subsection was in effect with respect to allocations for such fiscal year): (A) 80 percent for fiscal years 2007 and 2008; (B) 60 percent for fiscal years 2009 and 2010; (C) 40 percent for fiscal years 2011 and 2012; (D) 20 percent for fiscal years 2013 and 2014; and (E) 0 percent for fiscal year 2015 and any succeeding fiscal year. (2) Ratable reductions for insufficient appropriations \n(A) Reduction of base guarantee \nIf the amount appropriated for any fiscal year is less than the amount required to be allocated to all institutions under this subsection, then the amount of the allocation to each such institution shall be ratably reduced. (B) Additional appropriations allocation \nIf additional amounts are appropriated for any such fiscal year, such reduced amounts shall be increased on the same basis as they were reduced (until the amount allocated equals the amount required to be allocated under this subsection). (3) Additional allocations for certain institutions \n— (A) Allocations permitted \nNotwithstanding any other provision of this section, the Secretary may allocate an amount equal to not more than 10 percent of the amount by which the amount appropriated in any fiscal year to carry out this subpart exceeds $700,000,000 among eligible institutions described in subparagraph (B). (B) Eligible institutions \nFor purposes of subparagraph (A) — (i) an eligible institution that is a 4-year institution may receive an allocation under subparagraph (A) if more than 50 percent of the students who are degree-seeking Pell Grant recipients attending such institution graduate within 4 calendar years of the first day of enrollment; and (ii) an eligible institution that is a 2-year institution may receive an allocation under subparagraph (A) if more than 50 percent of the students who are degree-seeking Pell Grant recipients attending such institution graduate within 2 calendar years of the first day of enrollment.. (2) Effective date \nThe amendment made by paragraph (1) shall apply with respect to any amounts appropriated under section 413A(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1070b(b) ) for fiscal year 2007 or any succeeding fiscal year. (c) Books and supplies \nSection 413D(c)(3)(D) ( 20 U.S.C. 1070–3(c)(3)(D) ) is amended by striking $450 and inserting $600.", "id": "H0677890269CC4C659FEFA2323D5245B9", "header": "Federal Supplemental Educational Opportunity Grants", "nested": [ { "text": "(a) Authorization of appropriations \nSection 413A(b)(1) ( 20 U.S.C. 1070b(b)(1) ) is amended by striking $675,000,000 for fiscal year 1999 and such sums as may be necessary for the 4 succeeding fiscal years and inserting $770,500,000 for fiscal year 2005 and such sums as may be necessary for the 5 succeeding fiscal years.", "id": "H1DA1326A32B9402DB4398058D52EA1AA", "header": "Authorization of appropriations", "nested": [], "links": [ { "text": "20 U.S.C. 1070b(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1070b" } ] }, { "text": "(b) Phaseout of allocation based on previous allocations \n(1) Amendment \nSubsection (a) of section 413D ( 20 U.S.C. 1070b–3(a) ) is amended to read as follows: (a) Allocation based on previous allocation \n(1) Base guarantee \nFrom the amount appropriated pursuant to section 413A(b) for each fiscal year after fiscal year 2006, the Secretary shall, subject to paragraph (2) , first allocate to each eligible institution an amount equal to the following percentage of the amount such institution received under subsection (a) of this section for fiscal year 2006 (as such subsection was in effect with respect to allocations for such fiscal year): (A) 80 percent for fiscal years 2007 and 2008; (B) 60 percent for fiscal years 2009 and 2010; (C) 40 percent for fiscal years 2011 and 2012; (D) 20 percent for fiscal years 2013 and 2014; and (E) 0 percent for fiscal year 2015 and any succeeding fiscal year. (2) Ratable reductions for insufficient appropriations \n(A) Reduction of base guarantee \nIf the amount appropriated for any fiscal year is less than the amount required to be allocated to all institutions under this subsection, then the amount of the allocation to each such institution shall be ratably reduced. (B) Additional appropriations allocation \nIf additional amounts are appropriated for any such fiscal year, such reduced amounts shall be increased on the same basis as they were reduced (until the amount allocated equals the amount required to be allocated under this subsection). (3) Additional allocations for certain institutions \n— (A) Allocations permitted \nNotwithstanding any other provision of this section, the Secretary may allocate an amount equal to not more than 10 percent of the amount by which the amount appropriated in any fiscal year to carry out this subpart exceeds $700,000,000 among eligible institutions described in subparagraph (B). (B) Eligible institutions \nFor purposes of subparagraph (A) — (i) an eligible institution that is a 4-year institution may receive an allocation under subparagraph (A) if more than 50 percent of the students who are degree-seeking Pell Grant recipients attending such institution graduate within 4 calendar years of the first day of enrollment; and (ii) an eligible institution that is a 2-year institution may receive an allocation under subparagraph (A) if more than 50 percent of the students who are degree-seeking Pell Grant recipients attending such institution graduate within 2 calendar years of the first day of enrollment.. (2) Effective date \nThe amendment made by paragraph (1) shall apply with respect to any amounts appropriated under section 413A(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1070b(b) ) for fiscal year 2007 or any succeeding fiscal year.", "id": "HDBF82D97F1004A64B79D38112F335B88", "header": "Phaseout of allocation based on previous allocations", "nested": [], "links": [ { "text": "20 U.S.C. 1070b–3(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1070b-3" }, { "text": "20 U.S.C. 1070b(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1070b" } ] }, { "text": "(c) Books and supplies \nSection 413D(c)(3)(D) ( 20 U.S.C. 1070–3(c)(3)(D) ) is amended by striking $450 and inserting $600.", "id": "H65C18373967F4CF595EE00A56F116E3", "header": "Books and supplies", "nested": [], "links": [ { "text": "20 U.S.C. 1070–3(c)(3)(D)", "legal-doc": "usc", "parsable-cite": "usc/20/1070-3" } ] } ], "links": [ { "text": "20 U.S.C. 1070b(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1070b" }, { "text": "20 U.S.C. 1070b–3(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1070b-3" }, { "text": "20 U.S.C. 1070b(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1070b" }, { "text": "20 U.S.C. 1070–3(c)(3)(D)", "legal-doc": "usc", "parsable-cite": "usc/20/1070-3" } ] }, { "text": "405. LEAP \nSection 415A(b)(1) ( 20 U.S.C. 1070c(b)(1) ) is amended— (1) by striking 1999 and inserting 2005 ; and (2) by striking 4 succeeding and inserting 5 succeeding.", "id": "HD196A665E0544EA1B2964616A4FF7063", "header": "LEAP", "nested": [], "links": [ { "text": "20 U.S.C. 1070c(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1070c" } ] }, { "text": "406. HEP/CAMP program \nSection 418A ( 20 U.S.C. 1070d–2 ) is amended— (1) in subsection (b)(1)(B)(i), by inserting , or whose spouse after themselves ; (2) in subsection (b)(3)(B), by inserting , including preparation for college entrance exams, after program ; (3) in subsection (b)(8), by inserting , including child care and transportation after supportive services ; (4) by striking and at the end of subsection (b)(7), by striking the period at the end of subsection (b)(8) and inserting ; and , and by adding at the end of subsection (b) the following new paragraph: (9) follow-up activity and reporting requirements, except that not more than 2 percent of the funds provided under this section may be used for such purposes. ; (5) in subsection (c)(1)(A), by inserting , or whose spouse after themselves ; (6) in subsection (c)(1)(B), by striking clause (i) and inserting the following: (i) personal, academic, career, and economic education or personal finance counseling as an ongoing part of the program; ; (7) in subsection (c)(2)(B), by inserting (including mentoring and guidance of such students) after services ; (8) in subsection (c)(2), by striking and at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ; and , and by adding at the end of subsection (c)(2) the following new subparagraph: (C) for students in any program that does not award a bachelor’s degree, encouraging the transfer to, and persistence in, such a program, and monitoring the rate of such transfer, persistence, and completion. ; and (9) in subsection (h)— (A) in paragraph (1), by striking $15,000,000 for fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years and inserting $24,000,000 for fiscal year 2005 and such sums as may be necessary for each of the 5 succeeding fiscal years ; and (B) in paragraph (2), by striking $5,000,000 for fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years and inserting $16,000,000 for fiscal year 2005 and such sums as may be necessary for each of the 5 succeeding fiscal years.", "id": "H42261253745C4229BCE3B89036FA05F0", "header": "HEP/CAMP program", "nested": [], "links": [ { "text": "20 U.S.C. 1070d–2", "legal-doc": "usc", "parsable-cite": "usc/20/1070d-2" } ] }, { "text": "407. Byrd Scholarship \nSection 419K ( 20 U.S.C. 1070d–41 ) is amended— (1) by striking 1999 and inserting 2005 ; and (2) by striking 4 succeeding and inserting 5 succeeding.", "id": "HFB85834CFBD844B2B7EBC4A09C6D5A5", "header": "Byrd Scholarship", "nested": [], "links": [ { "text": "20 U.S.C. 1070d–41", "legal-doc": "usc", "parsable-cite": "usc/20/1070d-41" } ] }, { "text": "408. Child care access \nSection 419N(g) ( 20 U.S.C. 1070e(g) ) is amended— (1) by striking 1999 and inserting 2005 ; and (2) by striking 4 succeeding and inserting 5 succeeding.", "id": "H5823AADFEDCA4866B572BE07847573F8", "header": "Child care access", "nested": [], "links": [ { "text": "20 U.S.C. 1070e(g)", "legal-doc": "usc", "parsable-cite": "usc/20/1070e" } ] }, { "text": "409. Learning anytime anywhere partnerships \n(a) Repeal \nSubpart 8 of part A of title IV (20 U.S.C. 1070f—1070f–6) is repealed. (b) Conforming amendment \nSection 400(b) ( 20 U.S.C. 1070(b) ) is amended by striking through 8 and inserting through 7.", "id": "H7BA94C0D3B66441B86C8B2B02700C3B4", "header": "Learning anytime anywhere partnerships", "nested": [ { "text": "(a) Repeal \nSubpart 8 of part A of title IV (20 U.S.C. 1070f—1070f–6) is repealed.", "id": "H628705968DF146FE0077001FCF9C44AA", "header": "Repeal", "nested": [], "links": [] }, { "text": "(b) Conforming amendment \nSection 400(b) ( 20 U.S.C. 1070(b) ) is amended by striking through 8 and inserting through 7.", "id": "H40DB51A8CEF34E68A195FC239C36DA56", "header": "Conforming amendment", "nested": [], "links": [ { "text": "20 U.S.C. 1070(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1070" } ] } ], "links": [ { "text": "20 U.S.C. 1070(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1070" } ] }, { "text": "410. Technical amendments \nPart A of title IV is further amended as follows: (1) Section 419C(b)(1) ( 20 U.S.C. 1070d–33(b)(1) ) is amended by inserting and after the semicolon at the end thereof. (2) Section 419D(d) ( 20 U.S.C. 1070d–34(d) ) is amended by striking Public Law 95–1134 and inserting Public Law 95–134.", "id": "H8CE9047A5B6340AAA5D032712D8874FB", "header": "Technical amendments", "nested": [], "links": [ { "text": "20 U.S.C. 1070d–33(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1070d-33" }, { "text": "20 U.S.C. 1070d–34(d)", "legal-doc": "usc", "parsable-cite": "usc/20/1070d-34" } ] }, { "text": "421. Reauthorization of Federal Family Education Loan Program \n(a) Authorization of appropriations \nSection 421(b)(5) ( 20 U.S.C. 1071(b)(5) ) is amended by striking administrative cost allowance and inserting loan processing and issuance fee. (b) Extension of authority \n(1) Federal insurance limitations \nSection 424(a) ( 20 U.S.C. 1074(a) ) is amended— (A) by striking 2004 and inserting 2011 ; and (B) by striking 2008 and inserting 2015. (2) Guaranteed loans \nSection 428(a)(5) ( 20 U.S.C. 1078(a)(5) ) is amended— (A) by striking 2004 and inserting 2011 ; and (B) by striking 2008 and inserting 2015. (3) Consolidation loans \nSection 428C(e) ( 20 U.S.C. 1078–3(e) ) is amended by striking 2004 and inserting 2011.", "id": "H55A63A7DD21B427CAF1714DAF9E8A0B", "header": "Reauthorization of Federal Family Education Loan Program", "nested": [ { "text": "(a) Authorization of appropriations \nSection 421(b)(5) ( 20 U.S.C. 1071(b)(5) ) is amended by striking administrative cost allowance and inserting loan processing and issuance fee.", "id": "H8E55396FE6D043CAAF16CF8860186EA3", "header": "Authorization of appropriations", "nested": [], "links": [ { "text": "20 U.S.C. 1071(b)(5)", "legal-doc": "usc", "parsable-cite": "usc/20/1071" } ] }, { "text": "(b) Extension of authority \n(1) Federal insurance limitations \nSection 424(a) ( 20 U.S.C. 1074(a) ) is amended— (A) by striking 2004 and inserting 2011 ; and (B) by striking 2008 and inserting 2015. (2) Guaranteed loans \nSection 428(a)(5) ( 20 U.S.C. 1078(a)(5) ) is amended— (A) by striking 2004 and inserting 2011 ; and (B) by striking 2008 and inserting 2015. (3) Consolidation loans \nSection 428C(e) ( 20 U.S.C. 1078–3(e) ) is amended by striking 2004 and inserting 2011.", "id": "H528396B41D604B8D8D1BBD688005958", "header": "Extension of authority", "nested": [], "links": [ { "text": "20 U.S.C. 1074(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1074" }, { "text": "20 U.S.C. 1078(a)(5)", "legal-doc": "usc", "parsable-cite": "usc/20/1078" }, { "text": "20 U.S.C. 1078–3(e)", "legal-doc": "usc", "parsable-cite": "usc/20/1078-3" } ] } ], "links": [ { "text": "20 U.S.C. 1071(b)(5)", "legal-doc": "usc", "parsable-cite": "usc/20/1071" }, { "text": "20 U.S.C. 1074(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1074" }, { "text": "20 U.S.C. 1078(a)(5)", "legal-doc": "usc", "parsable-cite": "usc/20/1078" }, { "text": "20 U.S.C. 1078–3(e)", "legal-doc": "usc", "parsable-cite": "usc/20/1078-3" } ] }, { "text": "422. Loan limits \n(a) Federal insurance limits \nSection 425(a)(1)(A) ( 20 U.S.C. 1075(a)(1)(A) ) is amended— (1) in clause (i)(I), by striking $2,625 and inserting $3,500 ; and (2) in clause (ii)(I), by striking $3,500 and inserting $4,500. (b) Guarantee limits \nSection 428(b)(1)(A) ( 20 U.S.C. 1078(b)(1)(A) ) is amended— (1) in clause (i)(I), by striking $2,625 and inserting $3,500 ; and (2) in clause (ii)(I), by striking $3,500 and inserting $4,500. (c) Counting of consolidation loans against limits \nSection 428C(a)(3)(B) ( 20 U.S.C. 1078–3(a)(3)(B) ) is amended by adding at the end the following new clause: (ii) Loans made under this section shall, to the extent used to discharge loans made under this title, be counted against the applicable limitations on aggregate indebtedness contained in sections 425(a)(2), 428(b)(1)(B), 428H(d), 455, and 464(a)(2)(B).. (d) Effective date \nThe amendments made by this section shall apply with respect to any loan made, insured, or guaranteed under part B or part D of title IV of the Higher Education Act of 1965 for which the first disbursement of principal is made on or after July 1, 2006.", "id": "HC2D03D9F7D7842678D62A924898CFDA2", "header": "Loan limits", "nested": [ { "text": "(a) Federal insurance limits \nSection 425(a)(1)(A) ( 20 U.S.C. 1075(a)(1)(A) ) is amended— (1) in clause (i)(I), by striking $2,625 and inserting $3,500 ; and (2) in clause (ii)(I), by striking $3,500 and inserting $4,500.", "id": "H264267A774544BF38FD26CEB6D02175B", "header": "Federal insurance limits", "nested": [], "links": [ { "text": "20 U.S.C. 1075(a)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/20/1075" } ] }, { "text": "(b) Guarantee limits \nSection 428(b)(1)(A) ( 20 U.S.C. 1078(b)(1)(A) ) is amended— (1) in clause (i)(I), by striking $2,625 and inserting $3,500 ; and (2) in clause (ii)(I), by striking $3,500 and inserting $4,500.", "id": "HB716FD8930F4434790DB1278738C604B", "header": "Guarantee limits", "nested": [], "links": [ { "text": "20 U.S.C. 1078(b)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/20/1078" } ] }, { "text": "(c) Counting of consolidation loans against limits \nSection 428C(a)(3)(B) ( 20 U.S.C. 1078–3(a)(3)(B) ) is amended by adding at the end the following new clause: (ii) Loans made under this section shall, to the extent used to discharge loans made under this title, be counted against the applicable limitations on aggregate indebtedness contained in sections 425(a)(2), 428(b)(1)(B), 428H(d), 455, and 464(a)(2)(B)..", "id": "H3B5D57FC23CE4FD789955DAAE2703473", "header": "Counting of consolidation loans against limits", "nested": [], "links": [ { "text": "20 U.S.C. 1078–3(a)(3)(B)", "legal-doc": "usc", "parsable-cite": "usc/20/1078-3" } ] }, { "text": "(d) Effective date \nThe amendments made by this section shall apply with respect to any loan made, insured, or guaranteed under part B or part D of title IV of the Higher Education Act of 1965 for which the first disbursement of principal is made on or after July 1, 2006.", "id": "H00EB24A8A3994EDDB9EEEB8D7C39A5B2", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "20 U.S.C. 1075(a)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/20/1075" }, { "text": "20 U.S.C. 1078(b)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/20/1078" }, { "text": "20 U.S.C. 1078–3(a)(3)(B)", "legal-doc": "usc", "parsable-cite": "usc/20/1078-3" } ] }, { "text": "423. Interest rates and special allowances \n(a) FFEL interest rate \nSection 427A ( 20 U.S.C. 1077a(k) ) is amended— (1) in subsection (k)— (A) by striking , and before July 1, 2006 in the heading of such subsection; and (B) by striking , and before July 1, 2006, each place it appears other than paragraph (4); (2) by striking subsection ( l ) ; and (3) by redesignating subsections (m) and (n) as subsections ( l ) and (m), respectively. (b) Direct loan interest rates \nSection 455(b) ( 20 U.S.C. 1087e(b) ) is amended— (1) in paragraph (6)— (A) by striking , and before July 1, 2006 in the heading of such paragraph; and (B) by striking , and before July 1, 2006, each place it appears other than subparagraph (D); (2) by striking paragraph (7); and (3) by redesignating paragraphs (8) and (9) as paragraphs (7) and (8), respectively. (c) Consolidation loans \n(1) FFEL consolidation loans \nSection 427A(k) ( 20 U.S.C. 1077a(k) ) is further amended— (A) by redesignating paragraph (5) as paragraph (6); and (B) by inserting after paragraph (4) the following new paragraph: (5) Variable rate for consolidation loans \nWith respect to any consolidation loan under section 428C for which the application is received by an eligible lender on or after July 1, 2006, the applicable rate of interest shall, during any 12-month period beginning on July 1 and ending on June 30, be determined on the preceding June 1 and be equal to— (A) the bond equivalent rate of 91-day Treasury bills auctioned at the final auction held prior to such June 1; plus (B) 2.3 percent, except that such rate shall not exceed 8.25 percent, and the rate determined under paragraph (3) shall apply in lieu of the rate determined under this paragraph in the case of any such consolidation loan that is used to repay loans each of which was made under section 428B or was a Federal Direct PLUS Loan (or both).. (2) Direct consolidation loans \nSection 455(b)(6) ( 20 U.S.C. 1087e(b)(6) ) is further amended— (A) by redesignating subparagraph (E) as subparagraph (F); and (B) by inserting after subparagraph (D) the following new subparagraph: (E) Variable rate for consolidation loans \nWith respect to any Federal Direct Consolidation loan for which the application is received on or after July 1, 2006, the applicable rate of interest shall, during any 12-month period beginning on July 1 and ending on June 30, be determined on the preceding June 1 and be equal to— (i) the bond equivalent rate of 91-day Treasury bills auctioned at the final auction held prior to such June 1; plus (ii) 2.3 percent, except that such rate shall not exceed 8.25 percent, and the rate determined under subparagraph (C) shall apply in lieu of the rate determined under this subparagraph in the case of any such consolidation loan that is used to repay loans each of which was made under section 428B or was a Federal Direct PLUS Loan (or both).. (d) Consolidation loan conforming amendment \nSection 428C(c)(1)(A)(ii) ( 20 U.S.C. 1078–3(c)(1)(A)(ii) ) is amended by striking section 427A( l )(3) and inserting section 427A(k)(5). (e) Conforming amendments for special allowances \n(1) Amendment \nSubparagraph (I) of section 438(b)(2) ( 20 U.S.C. 1087–1(b)(2) ) is amended— (A) by striking clause (ii) and inserting the following: (ii) In school and grace period \nIn the case of any loan for which the first disbursement is made on or after January 1, 2000, and for which the applicable interest rate is described in section 427A(k)(2), clause (i)(III) of this subparagraph shall be applied by substituting 1.74 percent for 2.34 percent. ; (B) in clause (iii)— (i) by striking or ( l )(2) ; and (ii) by striking , subject to clause (v) of this subparagraph ; (C) in clause (iv)— (i) by striking or ( l )(3) and inserting or (k)(5) ; and (ii) by striking , subject to clause (vi) of this subparagraph ; and (D) by striking clauses (v), (vi), and (vii) and inserting the following: (v) Recapture of excess interest \n(I) Excess credited \nWith respect to a loan on which the applicable interest rate is determined under section 427A(k) and for which the first disbursement of principal is made on or after July 1, 2005, if the applicable interest rate for any 3-month period exceeds the special allowance rate applicable to such loan under this subparagraph for such period, then an adjustment shall be made by calculating the excess interest in the amount computed under subclause (II) of this clause , and by crediting the excess interest to the Government not less often than annually. (II) Calculation of excess \nThe amount of any adjustment of interest on a loan to be made under this subsection for any quarter shall be equal to— (aa) the applicable interest rate minus the special allowance rate determined under this subparagraph; multiplied by (bb) the average daily principal balance of the loan (not including unearned interest added to principal) during such calendar quarter; divided by (cc) four.. (2) Effective date \nThe amendments made by this subsection shall not apply with respect to any special allowance payment made under section 438 of the Higher Education Act of 1965 (20 U.S.C 1087–1) before July 1, 2005. (f) Special allowance for loans from the proceeds of tax exempt issues \nSection 438(b)(2)(B) ( 20 U.S.C. 1087–1(b)(2)(B) ) is amended— (1) in clause (i), by striking this division and inserting this clause ; (2) in clause (ii), by striking division (i) of this subparagraph and inserting clause (i) of this subparagraph ; (3) in clause (iv), by inserting or refunded after May 5, 2004, after October 1, 1993, ; and (4) by adding at the end the following new clause: (v) Notwithstanding clauses (i) and (ii), the quarterly rate of the special allowance shall be the rate determined under subparagraph (A), (E), (F), (G), (H), or (I) of this paragraph, or paragraph (4), as the case may be, for a holder of loans that— (I) were made or purchased with funds— (aa) obtained from the issuance of obligations the income from which is excluded from gross income under the Internal Revenue Code of 1986 and which obligations were originally issued before October 1, 1993; or (bb) obtained from collections or default reimbursements on, or interests or other income pertaining to, eligible loans made or purchased with funds described in division (aa), or from income on the investment of such funds; and (II) were— (aa) financed by such an obligation that has matured, or been retired or defeased; (bb) refinanced after May 5, 2004, with funds obtained from a source other than funds described in subclause (I) of this clause; or (cc) sold or transferred to any other holder..", "id": "H8DBE44666E0848599E68B33174EC7270", "header": "Interest rates and special allowances", "nested": [ { "text": "(a) FFEL interest rate \nSection 427A ( 20 U.S.C. 1077a(k) ) is amended— (1) in subsection (k)— (A) by striking , and before July 1, 2006 in the heading of such subsection; and (B) by striking , and before July 1, 2006, each place it appears other than paragraph (4); (2) by striking subsection ( l ) ; and (3) by redesignating subsections (m) and (n) as subsections ( l ) and (m), respectively.", "id": "HB0E30B0FC8984A2FA4319CFB6E8DD0BE", "header": "FFEL interest rate", "nested": [], "links": [ { "text": "20 U.S.C. 1077a(k)", "legal-doc": "usc", "parsable-cite": "usc/20/1077a" } ] }, { "text": "(b) Direct loan interest rates \nSection 455(b) ( 20 U.S.C. 1087e(b) ) is amended— (1) in paragraph (6)— (A) by striking , and before July 1, 2006 in the heading of such paragraph; and (B) by striking , and before July 1, 2006, each place it appears other than subparagraph (D); (2) by striking paragraph (7); and (3) by redesignating paragraphs (8) and (9) as paragraphs (7) and (8), respectively.", "id": "H9350E13B34D942C8A8C35600F8943F86", "header": "Direct loan interest rates", "nested": [], "links": [ { "text": "20 U.S.C. 1087e(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1087e" } ] }, { "text": "(c) Consolidation loans \n(1) FFEL consolidation loans \nSection 427A(k) ( 20 U.S.C. 1077a(k) ) is further amended— (A) by redesignating paragraph (5) as paragraph (6); and (B) by inserting after paragraph (4) the following new paragraph: (5) Variable rate for consolidation loans \nWith respect to any consolidation loan under section 428C for which the application is received by an eligible lender on or after July 1, 2006, the applicable rate of interest shall, during any 12-month period beginning on July 1 and ending on June 30, be determined on the preceding June 1 and be equal to— (A) the bond equivalent rate of 91-day Treasury bills auctioned at the final auction held prior to such June 1; plus (B) 2.3 percent, except that such rate shall not exceed 8.25 percent, and the rate determined under paragraph (3) shall apply in lieu of the rate determined under this paragraph in the case of any such consolidation loan that is used to repay loans each of which was made under section 428B or was a Federal Direct PLUS Loan (or both).. (2) Direct consolidation loans \nSection 455(b)(6) ( 20 U.S.C. 1087e(b)(6) ) is further amended— (A) by redesignating subparagraph (E) as subparagraph (F); and (B) by inserting after subparagraph (D) the following new subparagraph: (E) Variable rate for consolidation loans \nWith respect to any Federal Direct Consolidation loan for which the application is received on or after July 1, 2006, the applicable rate of interest shall, during any 12-month period beginning on July 1 and ending on June 30, be determined on the preceding June 1 and be equal to— (i) the bond equivalent rate of 91-day Treasury bills auctioned at the final auction held prior to such June 1; plus (ii) 2.3 percent, except that such rate shall not exceed 8.25 percent, and the rate determined under subparagraph (C) shall apply in lieu of the rate determined under this subparagraph in the case of any such consolidation loan that is used to repay loans each of which was made under section 428B or was a Federal Direct PLUS Loan (or both)..", "id": "HBE94401F7A8E4E95B675942E8B00FBAB", "header": "Consolidation loans", "nested": [], "links": [ { "text": "20 U.S.C. 1077a(k)", "legal-doc": "usc", "parsable-cite": "usc/20/1077a" }, { "text": "20 U.S.C. 1087e(b)(6)", "legal-doc": "usc", "parsable-cite": "usc/20/1087e" } ] }, { "text": "(d) Consolidation loan conforming amendment \nSection 428C(c)(1)(A)(ii) ( 20 U.S.C. 1078–3(c)(1)(A)(ii) ) is amended by striking section 427A( l )(3) and inserting section 427A(k)(5).", "id": "HE48A0A4FCA644050B671D2D83BEF4EF", "header": "Consolidation loan conforming amendment", "nested": [], "links": [ { "text": "20 U.S.C. 1078–3(c)(1)(A)(ii)", "legal-doc": "usc", "parsable-cite": "usc/20/1078-3" } ] }, { "text": "(e) Conforming amendments for special allowances \n(1) Amendment \nSubparagraph (I) of section 438(b)(2) ( 20 U.S.C. 1087–1(b)(2) ) is amended— (A) by striking clause (ii) and inserting the following: (ii) In school and grace period \nIn the case of any loan for which the first disbursement is made on or after January 1, 2000, and for which the applicable interest rate is described in section 427A(k)(2), clause (i)(III) of this subparagraph shall be applied by substituting 1.74 percent for 2.34 percent. ; (B) in clause (iii)— (i) by striking or ( l )(2) ; and (ii) by striking , subject to clause (v) of this subparagraph ; (C) in clause (iv)— (i) by striking or ( l )(3) and inserting or (k)(5) ; and (ii) by striking , subject to clause (vi) of this subparagraph ; and (D) by striking clauses (v), (vi), and (vii) and inserting the following: (v) Recapture of excess interest \n(I) Excess credited \nWith respect to a loan on which the applicable interest rate is determined under section 427A(k) and for which the first disbursement of principal is made on or after July 1, 2005, if the applicable interest rate for any 3-month period exceeds the special allowance rate applicable to such loan under this subparagraph for such period, then an adjustment shall be made by calculating the excess interest in the amount computed under subclause (II) of this clause , and by crediting the excess interest to the Government not less often than annually. (II) Calculation of excess \nThe amount of any adjustment of interest on a loan to be made under this subsection for any quarter shall be equal to— (aa) the applicable interest rate minus the special allowance rate determined under this subparagraph; multiplied by (bb) the average daily principal balance of the loan (not including unearned interest added to principal) during such calendar quarter; divided by (cc) four.. (2) Effective date \nThe amendments made by this subsection shall not apply with respect to any special allowance payment made under section 438 of the Higher Education Act of 1965 (20 U.S.C 1087–1) before July 1, 2005.", "id": "HC693D91E5E764EC5AA745BEF4DABDF74", "header": "Conforming amendments for special allowances", "nested": [], "links": [ { "text": "20 U.S.C. 1087–1(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/20/1087-1" } ] }, { "text": "(f) Special allowance for loans from the proceeds of tax exempt issues \nSection 438(b)(2)(B) ( 20 U.S.C. 1087–1(b)(2)(B) ) is amended— (1) in clause (i), by striking this division and inserting this clause ; (2) in clause (ii), by striking division (i) of this subparagraph and inserting clause (i) of this subparagraph ; (3) in clause (iv), by inserting or refunded after May 5, 2004, after October 1, 1993, ; and (4) by adding at the end the following new clause: (v) Notwithstanding clauses (i) and (ii), the quarterly rate of the special allowance shall be the rate determined under subparagraph (A), (E), (F), (G), (H), or (I) of this paragraph, or paragraph (4), as the case may be, for a holder of loans that— (I) were made or purchased with funds— (aa) obtained from the issuance of obligations the income from which is excluded from gross income under the Internal Revenue Code of 1986 and which obligations were originally issued before October 1, 1993; or (bb) obtained from collections or default reimbursements on, or interests or other income pertaining to, eligible loans made or purchased with funds described in division (aa), or from income on the investment of such funds; and (II) were— (aa) financed by such an obligation that has matured, or been retired or defeased; (bb) refinanced after May 5, 2004, with funds obtained from a source other than funds described in subclause (I) of this clause; or (cc) sold or transferred to any other holder..", "id": "H3BEB978D29E1479AB0C71EF7A1DA13A9", "header": "Special allowance for loans from the proceeds of tax exempt issues", "nested": [], "links": [ { "text": "20 U.S.C. 1087–1(b)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/20/1087-1" } ] } ], "links": [ { "text": "20 U.S.C. 1077a(k)", "legal-doc": "usc", "parsable-cite": "usc/20/1077a" }, { "text": "20 U.S.C. 1087e(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1087e" }, { "text": "20 U.S.C. 1077a(k)", "legal-doc": "usc", "parsable-cite": "usc/20/1077a" }, { "text": "20 U.S.C. 1087e(b)(6)", "legal-doc": "usc", "parsable-cite": "usc/20/1087e" }, { "text": "20 U.S.C. 1078–3(c)(1)(A)(ii)", "legal-doc": "usc", "parsable-cite": "usc/20/1078-3" }, { "text": "20 U.S.C. 1087–1(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/20/1087-1" }, { "text": "20 U.S.C. 1087–1(b)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/20/1087-1" } ] }, { "text": "424. Additional loan terms and conditions \n(a) Disbursement \nSection 428(b)(1)(N) ( 20 U.S.C. 1078(b)(1)(N)(ii) ) is amended— (1) by striking or at the end of clause (i); and (2) by striking clause (ii) and inserting the following: (ii) in the case of a student who is studying outside the United States in a program of study abroad that is approved for credit by the home institution at which such student is enrolled, are, at the request of the student, disbursed directly to the student by the means described in clause (i), unless such student requests that the check be endorsed, or the funds transfer authorized, pursuant to an authorized power-of-attorney; or (iii) in the case of a student who is studying outside the United States in a program of study at an eligible foreign institution, are, at the request of the foreign institution, disbursed directly to the student by the means described in clause (i).. (b) Repayment plans \n(1) FFEL Loans \nSection 428(b)(9)(A) ( 20 U.S.C. 1078(b)(9)(A) ) is amended— (A) by inserting before the semicolon at the end of clause (ii) the following: , and the Secretary may not restrict the proportions or ratios by which such payments may be graduated with the informed agreement of the borrower ; (B) by striking and at the end of clause (iii); (C) by redesignating clause (iv) as clause (v); and (D) by inserting after clause (iii) the following new clause: (iv) a delayed repayment plan under which the borrower makes scheduled payments for not more than 2 years that are annually not less than the amount of interest due or $300, whichever is greater, and then makes payments in accordance with clause (i), (ii), or (iii); and. (2) Direct loans \nSection 455(d)(1) ( 20 U.S.C. 1087e(d)(1) ) is amended— (A) by redesignating subparagraph (D) as subparagraph (E); and (B) by striking subparagraphs (A), (B), and (C) and inserting the following: (A) a standard repayment plan, consistent with subsection (a)(1) of this section and with section 428(b)(9)(A)(i); (B) a graduated repayment plan, consistent with section 428(b)(9)(A)(ii); (C) an extended repayment plan, consistent with section 428(b)(9)(A)(iv), except that the borrower shall annually repay a minimum amount determined by the Secretary in accordance with section 428(b)(1)(L); (D) a delayed repayment plan under which the borrower makes scheduled payments for not more than 2 years that are annually not less than the amount of interest due or $300, whichever is greater, and then makes payments in accordance with subparagraph (A), (B), or (C); and. (c) Origination fees \n(1) Amendments \nParagraph (2) of section 438(c) ( 20 U.S.C. 1087–1(c) ) is amended— (A) by striking the designating and heading of such paragraph and inserting the following: (2) Amount of origination fees \n(A) In general \n; and (B) by adding at the end the following new subparagraphs: (B) Subsequent reductions \nSubparagraph (A) shall be applied to loans made under this part other than loans made under sections 428C and 439(o)— (i) by substituting 2.0 percent for 3.0 percent with respect to loans for which the first disbursement of principal is made on or after July 1, 2006, and before July 1, 2008; (ii) by substituting 1.5 percent for 3.0 percent with respect to loans for which the first disbursement of principal is made on or after July 1, 2008, and before July 1, 2010; and (iii) by substituting 1.0 percent for 3.0 percent with respect to loans for which the first disbursement of principal is made on or after July 1, 2010.. (2) Conforming amendment to direct loan program \nSubsection (c) of section 455 ( 20 U.S.C. 1087e(c) ) is amended to read as follows: (c) Loan Fee \n(1) In general \nThe Secretary shall charge the borrower of a loan made under this part an origination fee of 4.0 percent of the principal amount of loan. (2) Subsequent reductions \nParagraph (1) shall be applied to loans made under this part other than consolidation loans and PLUS loans— (A) by substituting 2.0 percent for 4.0 percent with respect to loans for which the first disbursement of principal is made on or after July 1, 2006, and before July 1, 2008; (B) by substituting 1.5 percent for 4.0 percent with respect to loans for which the first disbursement of principal is made on or after July 1, 2008, and before July 1, 2010; and (C) by substituting 1.0 percent for 4.0 percent with respect to loans for which the first disbursement of principal is made on or after July 1, 2010..", "id": "H6BB8A240B3E04BD8820486BCE0001309", "header": "Additional loan terms and conditions", "nested": [ { "text": "(a) Disbursement \nSection 428(b)(1)(N) ( 20 U.S.C. 1078(b)(1)(N)(ii) ) is amended— (1) by striking or at the end of clause (i); and (2) by striking clause (ii) and inserting the following: (ii) in the case of a student who is studying outside the United States in a program of study abroad that is approved for credit by the home institution at which such student is enrolled, are, at the request of the student, disbursed directly to the student by the means described in clause (i), unless such student requests that the check be endorsed, or the funds transfer authorized, pursuant to an authorized power-of-attorney; or (iii) in the case of a student who is studying outside the United States in a program of study at an eligible foreign institution, are, at the request of the foreign institution, disbursed directly to the student by the means described in clause (i)..", "id": "H5C997C0EDE344A98B1005E4CC7914941", "header": "Disbursement", "nested": [], "links": [ { "text": "20 U.S.C. 1078(b)(1)(N)(ii)", "legal-doc": "usc", "parsable-cite": "usc/20/1078" } ] }, { "text": "(b) Repayment plans \n(1) FFEL Loans \nSection 428(b)(9)(A) ( 20 U.S.C. 1078(b)(9)(A) ) is amended— (A) by inserting before the semicolon at the end of clause (ii) the following: , and the Secretary may not restrict the proportions or ratios by which such payments may be graduated with the informed agreement of the borrower ; (B) by striking and at the end of clause (iii); (C) by redesignating clause (iv) as clause (v); and (D) by inserting after clause (iii) the following new clause: (iv) a delayed repayment plan under which the borrower makes scheduled payments for not more than 2 years that are annually not less than the amount of interest due or $300, whichever is greater, and then makes payments in accordance with clause (i), (ii), or (iii); and. (2) Direct loans \nSection 455(d)(1) ( 20 U.S.C. 1087e(d)(1) ) is amended— (A) by redesignating subparagraph (D) as subparagraph (E); and (B) by striking subparagraphs (A), (B), and (C) and inserting the following: (A) a standard repayment plan, consistent with subsection (a)(1) of this section and with section 428(b)(9)(A)(i); (B) a graduated repayment plan, consistent with section 428(b)(9)(A)(ii); (C) an extended repayment plan, consistent with section 428(b)(9)(A)(iv), except that the borrower shall annually repay a minimum amount determined by the Secretary in accordance with section 428(b)(1)(L); (D) a delayed repayment plan under which the borrower makes scheduled payments for not more than 2 years that are annually not less than the amount of interest due or $300, whichever is greater, and then makes payments in accordance with subparagraph (A), (B), or (C); and.", "id": "HE5391266DF8A46BDB5C74D61BC54822", "header": "Repayment plans", "nested": [], "links": [ { "text": "20 U.S.C. 1078(b)(9)(A)", "legal-doc": "usc", "parsable-cite": "usc/20/1078" }, { "text": "20 U.S.C. 1087e(d)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1087e" } ] }, { "text": "(c) Origination fees \n(1) Amendments \nParagraph (2) of section 438(c) ( 20 U.S.C. 1087–1(c) ) is amended— (A) by striking the designating and heading of such paragraph and inserting the following: (2) Amount of origination fees \n(A) In general \n; and (B) by adding at the end the following new subparagraphs: (B) Subsequent reductions \nSubparagraph (A) shall be applied to loans made under this part other than loans made under sections 428C and 439(o)— (i) by substituting 2.0 percent for 3.0 percent with respect to loans for which the first disbursement of principal is made on or after July 1, 2006, and before July 1, 2008; (ii) by substituting 1.5 percent for 3.0 percent with respect to loans for which the first disbursement of principal is made on or after July 1, 2008, and before July 1, 2010; and (iii) by substituting 1.0 percent for 3.0 percent with respect to loans for which the first disbursement of principal is made on or after July 1, 2010.. (2) Conforming amendment to direct loan program \nSubsection (c) of section 455 ( 20 U.S.C. 1087e(c) ) is amended to read as follows: (c) Loan Fee \n(1) In general \nThe Secretary shall charge the borrower of a loan made under this part an origination fee of 4.0 percent of the principal amount of loan. (2) Subsequent reductions \nParagraph (1) shall be applied to loans made under this part other than consolidation loans and PLUS loans— (A) by substituting 2.0 percent for 4.0 percent with respect to loans for which the first disbursement of principal is made on or after July 1, 2006, and before July 1, 2008; (B) by substituting 1.5 percent for 4.0 percent with respect to loans for which the first disbursement of principal is made on or after July 1, 2008, and before July 1, 2010; and (C) by substituting 1.0 percent for 4.0 percent with respect to loans for which the first disbursement of principal is made on or after July 1, 2010..", "id": "H855C6E0C8A4D45ED8F162894062979CD", "header": "Origination fees", "nested": [], "links": [ { "text": "20 U.S.C. 1087–1(c)", "legal-doc": "usc", "parsable-cite": "usc/20/1087-1" }, { "text": "20 U.S.C. 1087e(c)", "legal-doc": "usc", "parsable-cite": "usc/20/1087e" } ] } ], "links": [ { "text": "20 U.S.C. 1078(b)(1)(N)(ii)", "legal-doc": "usc", "parsable-cite": "usc/20/1078" }, { "text": "20 U.S.C. 1078(b)(9)(A)", "legal-doc": "usc", "parsable-cite": "usc/20/1078" }, { "text": "20 U.S.C. 1087e(d)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1087e" }, { "text": "20 U.S.C. 1087–1(c)", "legal-doc": "usc", "parsable-cite": "usc/20/1087-1" }, { "text": "20 U.S.C. 1087e(c)", "legal-doc": "usc", "parsable-cite": "usc/20/1087e" } ] }, { "text": "425. Consolidation loan changes \n(a) Amendments \nSection 428C ( 20 U.S.C. 1078–3 ) is amended— (1) in subsection (a)(3), by striking subparagraph (C); and (2) in subsection (b)(1)— (A) by striking everything after under this section the first place it appears in subparagraph (A) and inserting the following: and that, if all the borrower’s loans under this part are held by a single holder, the borrower has notified such holder that the borrower is seeking to obtain a consolidation loan under this section; ; (B) by striking (i) which and all that follows through and (ii) in subparagraph (C); (C) by striking and at the end of subparagraph (E); (D) by redesignating subparagraph (F) as subparagraph (G); and (E) by inserting after subparagraph (E) the following new subparagraph: (F) that the lender of the consolidation loan shall, upon application for such loan, provide the borrower with a clear and conspicuous notice of at least the following information: (i) the effects of consolidation on total interest to be paid, fees to be paid, and length of repayment; (ii) the effects of consolidation on a borrower’s underlying loan benefits, including loan forgiveness, cancellation, and deferment; (iii) the ability for the borrower to prepay the loan, pay on a shorter schedule, and to change repayment plans, and that borrower benefit programs may vary among different loan holders; (iv) the tax benefits for which borrowers may be eligible; (v) the consequences of default; and (vi) that by making the application the applicant is not obligated to agree to take the consolidation loan; and. (b) Effective date for single holder amendment \nThe amendment made by subsection (a)(2)(A) shall apply with respect to any loan made under section 428C of the Higher Education Act of 1965 ( 20 U.S.C. 1078-3 ) for which the application is received by an eligible lender on or after July 1, 2006. (c) Conforming amendments to direct loan program \n(1) Parallel terms, conditions, benefits, and amounts \nSection 455(a)(1) ( 20 U.S.C. 1087e(a)(1) ) is amended by inserting 428C, after 428B,. (2) Disclosure \nSection 455(g) ( 20 U.S.C. 1087e(g) ) is amended by adding at the end the following new sentences: The Secretary, upon application for such a loan, shall comply with the requirements applicable to a lender under 428C(b)(1)(F).", "id": "H1AC42BCB32BC4264AFE00348C99D493", "header": "Consolidation loan changes", "nested": [ { "text": "(a) Amendments \nSection 428C ( 20 U.S.C. 1078–3 ) is amended— (1) in subsection (a)(3), by striking subparagraph (C); and (2) in subsection (b)(1)— (A) by striking everything after under this section the first place it appears in subparagraph (A) and inserting the following: and that, if all the borrower’s loans under this part are held by a single holder, the borrower has notified such holder that the borrower is seeking to obtain a consolidation loan under this section; ; (B) by striking (i) which and all that follows through and (ii) in subparagraph (C); (C) by striking and at the end of subparagraph (E); (D) by redesignating subparagraph (F) as subparagraph (G); and (E) by inserting after subparagraph (E) the following new subparagraph: (F) that the lender of the consolidation loan shall, upon application for such loan, provide the borrower with a clear and conspicuous notice of at least the following information: (i) the effects of consolidation on total interest to be paid, fees to be paid, and length of repayment; (ii) the effects of consolidation on a borrower’s underlying loan benefits, including loan forgiveness, cancellation, and deferment; (iii) the ability for the borrower to prepay the loan, pay on a shorter schedule, and to change repayment plans, and that borrower benefit programs may vary among different loan holders; (iv) the tax benefits for which borrowers may be eligible; (v) the consequences of default; and (vi) that by making the application the applicant is not obligated to agree to take the consolidation loan; and.", "id": "H5E41C598FD274A9FBB10B5CBC5D86C4D", "header": "Amendments", "nested": [], "links": [ { "text": "20 U.S.C. 1078–3", "legal-doc": "usc", "parsable-cite": "usc/20/1078-3" } ] }, { "text": "(b) Effective date for single holder amendment \nThe amendment made by subsection (a)(2)(A) shall apply with respect to any loan made under section 428C of the Higher Education Act of 1965 ( 20 U.S.C. 1078-3 ) for which the application is received by an eligible lender on or after July 1, 2006.", "id": "H87C23DBE5F2F4CC6A9AAD8C7EE91E49B", "header": "Effective date for single holder amendment", "nested": [], "links": [ { "text": "20 U.S.C. 1078-3", "legal-doc": "usc", "parsable-cite": "usc/20/1078-3" } ] }, { "text": "(c) Conforming amendments to direct loan program \n(1) Parallel terms, conditions, benefits, and amounts \nSection 455(a)(1) ( 20 U.S.C. 1087e(a)(1) ) is amended by inserting 428C, after 428B,. (2) Disclosure \nSection 455(g) ( 20 U.S.C. 1087e(g) ) is amended by adding at the end the following new sentences: The Secretary, upon application for such a loan, shall comply with the requirements applicable to a lender under 428C(b)(1)(F).", "id": "H9BBDEA82147F467290AAF0217270193F", "header": "Conforming amendments to direct loan program", "nested": [], "links": [ { "text": "20 U.S.C. 1087e(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1087e" }, { "text": "20 U.S.C. 1087e(g)", "legal-doc": "usc", "parsable-cite": "usc/20/1087e" } ] } ], "links": [ { "text": "20 U.S.C. 1078–3", "legal-doc": "usc", "parsable-cite": "usc/20/1078-3" }, { "text": "20 U.S.C. 1078-3", "legal-doc": "usc", "parsable-cite": "usc/20/1078-3" }, { "text": "20 U.S.C. 1087e(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1087e" }, { "text": "20 U.S.C. 1087e(g)", "legal-doc": "usc", "parsable-cite": "usc/20/1087e" } ] }, { "text": "426. Unsubsidized Stafford loans \n(a) Amendment \nSection 428H(d)(2)(C) ( 20 U.S.C. 1078–8(d)(2)(C) ) is amended by striking $10,000 and inserting $12,000. (b) Effective date \nThe amendment made by subsection (a) shall apply to loans for which the first disbursement of principal is made on or after July 1, 2006.", "id": "H48C1BFD30F2F43079448D8163D53E217", "header": "Unsubsidized Stafford loans", "nested": [ { "text": "(a) Amendment \nSection 428H(d)(2)(C) ( 20 U.S.C. 1078–8(d)(2)(C) ) is amended by striking $10,000 and inserting $12,000.", "id": "HC14B52554A5746A990A7875286E8D12F", "header": "Amendment", "nested": [], "links": [ { "text": "20 U.S.C. 1078–8(d)(2)(C)", "legal-doc": "usc", "parsable-cite": "usc/20/1078-8" } ] }, { "text": "(b) Effective date \nThe amendment made by subsection (a) shall apply to loans for which the first disbursement of principal is made on or after July 1, 2006.", "id": "H59DD417809B04567BBE12EF5D4233D96", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "20 U.S.C. 1078–8(d)(2)(C)", "legal-doc": "usc", "parsable-cite": "usc/20/1078-8" } ] }, { "text": "427. Teacher recruitment and retention \n(a) Increased qualified loan amounts \n(1) FFEL loans \nSection 428J(c) ( 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, and reading specialists \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.. (2) Direct loans \nSection 460(c) ( 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, and reading specialists \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 elementary 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.. (b) Implementing highly qualified teacher requirements \n(1) Amendments \n(A) FFEL loans \nSection 428J(b)(1) ( 20 U.S.C. 1078–10(b)(1) ) is amended— (i) by inserting and after the semicolon at the end of subparagraph (A); and (ii) 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. (B) Direct loans \nSection 460(b)(1)(A) ( 20 U.S.C. 1087j(b)(1)(A) ) is amended— (i) by inserting and after the semicolon at the end of clause (i); and (ii) 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. (2) Transition rule \n(A) Rule \nThe amendments made by paragraph (1) of this subsection 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. (B) Rule not applicable to increased qualified loan amounts \nSubparagraph (A) of this paragraph 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 subsection (a) of this section. (c) 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 section; and (2) encourage such agencies to notify their teachers of such benefits.", "id": "H96E36A451F0E401F918B95910000B0A", "header": "Teacher recruitment and retention", "nested": [ { "text": "(a) Increased qualified loan amounts \n(1) FFEL loans \nSection 428J(c) ( 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, and reading specialists \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.. (2) Direct loans \nSection 460(c) ( 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, and reading specialists \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 elementary 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": "H9B55BF36C39C42158DAF35E109FC789D", "header": "Increased qualified loan amounts", "nested": [], "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": "(b) Implementing highly qualified teacher requirements \n(1) Amendments \n(A) FFEL loans \nSection 428J(b)(1) ( 20 U.S.C. 1078–10(b)(1) ) is amended— (i) by inserting and after the semicolon at the end of subparagraph (A); and (ii) 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. (B) Direct loans \nSection 460(b)(1)(A) ( 20 U.S.C. 1087j(b)(1)(A) ) is amended— (i) by inserting and after the semicolon at the end of clause (i); and (ii) 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. (2) Transition rule \n(A) Rule \nThe amendments made by paragraph (1) of this subsection 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. (B) Rule not applicable to increased qualified loan amounts \nSubparagraph (A) of this paragraph 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 subsection (a) of this section.", "id": "H157850DDB382432A822C3D95D7FE00ED", "header": "Implementing highly qualified teacher requirements", "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": "(c) 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 section; and (2) encourage such agencies to notify their teachers of such benefits.", "id": "H8CB0F38FD8374696B52300A08BD06B2", "header": "Information on benefits to rural school districts", "nested": [], "links": [] } ], "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": "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": "428. Additional administrative provisions \n(a) Treatment of exempt claims \n(1) Insurance coverage \nSection 428(b)(1)(G) ( 20 U.S.C. 1078(b)(1)(G) ) is amended by inserting before the semicolon at the end the following: and 100 percent of the unpaid principal amount of exempt claims as defined in subsection (c)(1)(G). (2) Treatment \nSection 428(c)(1) ( 20 U.S.C. 1078(c)(1) ) is amended— (A) by redesignating subparagraph (G) as subparagraph (H), and moving such subparagraph 2 em spaces to the left; and (B) by inserting after subparagraph (F) the following new subparagraph: (G) (i) Notwithstanding any other provisions of this section, in the case of exempt claims, the Secretary shall apply the provisions of— (I) the fourth sentence of subparagraph (A) by substituting 100 percent for 95 percent ; (II) subparagraph (B)(i) by substituting 100 percent for 85 percent ; and (III) subparagraph (B)(ii) by substituting 100 percent for 75 percent. (ii) For purposes of clause (i) of this subparagraph, the term exempt claims means claims with respect to loans for which it is determined that the borrower (or the student on whose behalf a parent has borrowed), without the lender’s or the institution’s knowledge at the time the loan was made, provided false or erroneous information or took actions that caused the borrower or the student to be ineligible for all or a portion of the loan or for interest benefits thereon.. (b) Documentation of forbearance agreements \nSection 428(c) ( 20 U.S.C. 1078(c) ) is further amended— (1) in paragraph (3)(A)(i), by striking in writing ; and (2) by adding at the end the following new paragraph: (10) Documentation of forbearance agreements \nFor the purposes of paragraph (3), the terms of forbearance agreed to by the parties shall be documented by confirming the agreement of the borrower by notice to the borrower from the lender, and by recording the terms in the borrower’s file.. (c) Voluntary flexible agreements \nSection 428A ( 20 U.S.C. 1078–1 ) is amended— (1) in subsection (a)(1)(B), by striking unless the Secretary and all that follows through designated guarantor ; (2) by striking paragraph (2) of subsection (a); (3) in paragraph (4)(B) of such subsection, by striking and any waivers provided to other guaranty agencies under paragraph (2) ; (4) by redesignating paragraphs (3) and (4) of subsection (a) as paragraphs (2) and (3), respectively; and (5) by striking paragraph (3) of subsection (c) and inserting the following: (3) Notice to interested parties \nOnce the Secretary reaches a tentative agreement in principle under this section, the Secretary shall publish in the Federal Register a notice that invites interested parties to comment on the proposed agreement. The notice shall state how to obtain a copy of the tentative agreement in principle and shall give interested parties no less than 30 days to provide comments. The Secretary may consider such comments prior to providing the notices pursuant to paragraph (2).. (d) Default reduction program \nSection 428F(a)(1) ( 20 U.S.C. 1078–6(a)(1) ) is amended— (1) in subparagraph (A), by striking consecutive payments for 12 months and inserting 9 payments made within 20 days of the due date during 10 consecutive months ; and (2) by redesignating subparagraph (C) as subparagraph (D); and (3) by inserting after subparagraph (B) the following new subparagraph: (C) (i) A guaranty agency may charge and retain collection costs in an amount not to exceed 18.5 percent of the outstanding principal and interest at the time of sale of a loan rehabilitated under subparagraph (A). (ii) Notwithstanding clause (i), on and after July 1, 2006, a guaranty agency that rehabilitates a defaulted loan by making a consolidation loan to a borrower under section 428C(a)(3)(A)(ii)(III) may not charge and retain collection costs in an amount in excess of 10 percent of the outstanding principal and interest of the defaulted loans being consolidated. (iii) For any year beginning on or after July 1, 2009, the total principal and interest of loans that a guaranty agency rehabilitates by making consolidation loans to borrowers under such section shall not exceed 45 percent of the total loans rehabilitated under subparagraph (A).. (e) Financial and economic literacy \n(1) Default reduction program \nSection 428F is further amended by adding at the end the following: (c) Financial and economic literacy \nWhere appropriate, each program described under subsection (b) shall include making available financial and economic education materials for the borrower.. (2) Program assistance for borrowers \nSection 432(k)(1) ( 20 U.S.C. 1082(k)(1) ) is amended by striking and offering and all that follows through the period and inserting , offering loan repayment matching provisions as part of employee benefit packages, and providing employees with financial and economic education and counseling.. (f) Credit bureau organization agreements \nSection 430A(a) ( 20 U.S.C. 1080a(a) ) is amended by striking agreements with credit bureau organizations and inserting an agreement with each national credit bureau organization (as described in section 603(p) of the Fair Credit Reporting Act). (g) Uniform administrative and claims procedure \nSection 432(l)(1)(H) ( 20 U.S.C. 1082(l)(1)(H) ) is amended by inserting and anticipated graduation date after status change. (h) Default reduction management \nSection 432 is further amended— (1) by striking subsection (n); and (2) by redesignating subsections (o) and (p) as subsections (n) and (o), respectively. (i) School as lender \nSection 435(d)(2) ( 20 U.S.C. 1085(d)(2) ) is amended by striking subparagraphs (C) through (F) and the material following subparagraph (F) and inserting the following: (C) shall not make a loan, other than a loan made under section 428 or 428H to a graduate or professional student, unless the borrower has previously received a loan from the school, and shall not make a loan to a borrower who is not enrolled at that institution; (D) shall not have a cohort default rate (as defined in section 435(m)) greater than 15 percent; and (E) shall use the proceeds from special allowance payments and interest payments from borrowers, and any proceeds from the sale or other disposition of loans, for need-based grant programs, except for reasonable reimbursement for direct administrative expenses.. (j) Disability determinations \nSection 437(a) ( 20 U.S.C. 1087(a) ) is amended by adding at the end the following new sentence: In making such determination of permanent and total disability, the Secretary shall provide that a borrower who has been certified as permanently and totally disabled by the Department of Veterans Affairs or the Social Security Administration shall not be required to present further documentation for purposes of this title.. (k) Treatment of falsely certified borrowers \nSection 437(c)(1) ( 20 U.S.C. 1087(c)(1) ) is amended by inserting or parent’s eligibility after such student’s eligibility. (l) Perfection of security interests \nSection 439(d) ( 20 U.S.C. 1087–2(d) ) is amended— (1) by striking paragraph (3); and (2) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively. (m) Additional technical amendments \n(1) Section 428(a)(2)(A) ( 20 U.S.C. 1078(a)(2)(A) ) is amended— (A) by striking and at the end of subclause (II) of clause (i); and (B) by moving the margin of clause (iii) two ems to the left. (2) Section 428H(e) ( 20 U.S.C. 1078–8(e) ) is amended— (A) by striking paragraph (6); and (B) by redesignating paragraph (7) as paragraph (6). (3) Section 428I(g) ( 20 U.S.C. 1078–9(g) ) is amended by striking Code, and inserting Code. (4) Section 432(m)(1)(B) ( 20 U.S.C. 1082(m)(1)(B) ) is amended— (A) in clause (i), by inserting and after the semicolon at the end; and (B) in clause (ii), by striking ; and and inserting a period.", "id": "HC1486B43C2CC43F4ABC3599382102500", "header": "Additional administrative provisions", "nested": [ { "text": "(a) Treatment of exempt claims \n(1) Insurance coverage \nSection 428(b)(1)(G) ( 20 U.S.C. 1078(b)(1)(G) ) is amended by inserting before the semicolon at the end the following: and 100 percent of the unpaid principal amount of exempt claims as defined in subsection (c)(1)(G). (2) Treatment \nSection 428(c)(1) ( 20 U.S.C. 1078(c)(1) ) is amended— (A) by redesignating subparagraph (G) as subparagraph (H), and moving such subparagraph 2 em spaces to the left; and (B) by inserting after subparagraph (F) the following new subparagraph: (G) (i) Notwithstanding any other provisions of this section, in the case of exempt claims, the Secretary shall apply the provisions of— (I) the fourth sentence of subparagraph (A) by substituting 100 percent for 95 percent ; (II) subparagraph (B)(i) by substituting 100 percent for 85 percent ; and (III) subparagraph (B)(ii) by substituting 100 percent for 75 percent. (ii) For purposes of clause (i) of this subparagraph, the term exempt claims means claims with respect to loans for which it is determined that the borrower (or the student on whose behalf a parent has borrowed), without the lender’s or the institution’s knowledge at the time the loan was made, provided false or erroneous information or took actions that caused the borrower or the student to be ineligible for all or a portion of the loan or for interest benefits thereon..", "id": "H5F4439D35D39442A94001D9E6160D82D", "header": "Treatment of exempt claims", "nested": [], "links": [ { "text": "20 U.S.C. 1078(b)(1)(G)", "legal-doc": "usc", "parsable-cite": "usc/20/1078" }, { "text": "20 U.S.C. 1078(c)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1078" } ] }, { "text": "(b) Documentation of forbearance agreements \nSection 428(c) ( 20 U.S.C. 1078(c) ) is further amended— (1) in paragraph (3)(A)(i), by striking in writing ; and (2) by adding at the end the following new paragraph: (10) Documentation of forbearance agreements \nFor the purposes of paragraph (3), the terms of forbearance agreed to by the parties shall be documented by confirming the agreement of the borrower by notice to the borrower from the lender, and by recording the terms in the borrower’s file..", "id": "H49EC96391CF44B18BBFAF46BE9C2C717", "header": "Documentation of forbearance agreements", "nested": [], "links": [ { "text": "20 U.S.C. 1078(c)", "legal-doc": "usc", "parsable-cite": "usc/20/1078" } ] }, { "text": "(c) Voluntary flexible agreements \nSection 428A ( 20 U.S.C. 1078–1 ) is amended— (1) in subsection (a)(1)(B), by striking unless the Secretary and all that follows through designated guarantor ; (2) by striking paragraph (2) of subsection (a); (3) in paragraph (4)(B) of such subsection, by striking and any waivers provided to other guaranty agencies under paragraph (2) ; (4) by redesignating paragraphs (3) and (4) of subsection (a) as paragraphs (2) and (3), respectively; and (5) by striking paragraph (3) of subsection (c) and inserting the following: (3) Notice to interested parties \nOnce the Secretary reaches a tentative agreement in principle under this section, the Secretary shall publish in the Federal Register a notice that invites interested parties to comment on the proposed agreement. The notice shall state how to obtain a copy of the tentative agreement in principle and shall give interested parties no less than 30 days to provide comments. The Secretary may consider such comments prior to providing the notices pursuant to paragraph (2)..", "id": "HFC52307FE0D047949CD7C6CB5FBEFFA7", "header": "Voluntary flexible agreements", "nested": [], "links": [ { "text": "20 U.S.C. 1078–1", "legal-doc": "usc", "parsable-cite": "usc/20/1078-1" } ] }, { "text": "(d) Default reduction program \nSection 428F(a)(1) ( 20 U.S.C. 1078–6(a)(1) ) is amended— (1) in subparagraph (A), by striking consecutive payments for 12 months and inserting 9 payments made within 20 days of the due date during 10 consecutive months ; and (2) by redesignating subparagraph (C) as subparagraph (D); and (3) by inserting after subparagraph (B) the following new subparagraph: (C) (i) A guaranty agency may charge and retain collection costs in an amount not to exceed 18.5 percent of the outstanding principal and interest at the time of sale of a loan rehabilitated under subparagraph (A). (ii) Notwithstanding clause (i), on and after July 1, 2006, a guaranty agency that rehabilitates a defaulted loan by making a consolidation loan to a borrower under section 428C(a)(3)(A)(ii)(III) may not charge and retain collection costs in an amount in excess of 10 percent of the outstanding principal and interest of the defaulted loans being consolidated. (iii) For any year beginning on or after July 1, 2009, the total principal and interest of loans that a guaranty agency rehabilitates by making consolidation loans to borrowers under such section shall not exceed 45 percent of the total loans rehabilitated under subparagraph (A)..", "id": "H3B1E639EE3D740DF92EE8F54AE36F500", "header": "Default reduction program", "nested": [], "links": [ { "text": "20 U.S.C. 1078–6(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1078-6" } ] }, { "text": "(e) Financial and economic literacy \n(1) Default reduction program \nSection 428F is further amended by adding at the end the following: (c) Financial and economic literacy \nWhere appropriate, each program described under subsection (b) shall include making available financial and economic education materials for the borrower.. (2) Program assistance for borrowers \nSection 432(k)(1) ( 20 U.S.C. 1082(k)(1) ) is amended by striking and offering and all that follows through the period and inserting , offering loan repayment matching provisions as part of employee benefit packages, and providing employees with financial and economic education and counseling..", "id": "H6A54AF91F89047460065B26416806CBE", "header": "Financial and economic literacy", "nested": [], "links": [ { "text": "20 U.S.C. 1082(k)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1082" } ] }, { "text": "(f) Credit bureau organization agreements \nSection 430A(a) ( 20 U.S.C. 1080a(a) ) is amended by striking agreements with credit bureau organizations and inserting an agreement with each national credit bureau organization (as described in section 603(p) of the Fair Credit Reporting Act).", "id": "H31BFE453306A4EB8A96BD914B2B628AF", "header": "Credit bureau organization agreements", "nested": [], "links": [ { "text": "20 U.S.C. 1080a(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1080a" } ] }, { "text": "(g) Uniform administrative and claims procedure \nSection 432(l)(1)(H) ( 20 U.S.C. 1082(l)(1)(H) ) is amended by inserting and anticipated graduation date after status change.", "id": "HC3CADDDFF49F4B35A5012D4EBE5BD3FF", "header": "Uniform administrative and claims procedure", "nested": [], "links": [ { "text": "20 U.S.C. 1082(l)(1)(H)", "legal-doc": "usc", "parsable-cite": "usc/20/1082" } ] }, { "text": "(h) Default reduction management \nSection 432 is further amended— (1) by striking subsection (n); and (2) by redesignating subsections (o) and (p) as subsections (n) and (o), respectively.", "id": "HDAAA3EB1FF124B5AA0B9482D00AA97FE", "header": "Default reduction management", "nested": [], "links": [] }, { "text": "(i) School as lender \nSection 435(d)(2) ( 20 U.S.C. 1085(d)(2) ) is amended by striking subparagraphs (C) through (F) and the material following subparagraph (F) and inserting the following: (C) shall not make a loan, other than a loan made under section 428 or 428H to a graduate or professional student, unless the borrower has previously received a loan from the school, and shall not make a loan to a borrower who is not enrolled at that institution; (D) shall not have a cohort default rate (as defined in section 435(m)) greater than 15 percent; and (E) shall use the proceeds from special allowance payments and interest payments from borrowers, and any proceeds from the sale or other disposition of loans, for need-based grant programs, except for reasonable reimbursement for direct administrative expenses..", "id": "HD19E4EEF723E4C42BE008CF248133775", "header": "School as lender", "nested": [], "links": [ { "text": "20 U.S.C. 1085(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/20/1085" } ] }, { "text": "(j) Disability determinations \nSection 437(a) ( 20 U.S.C. 1087(a) ) is amended by adding at the end the following new sentence: In making such determination of permanent and total disability, the Secretary shall provide that a borrower who has been certified as permanently and totally disabled by the Department of Veterans Affairs or the Social Security Administration shall not be required to present further documentation for purposes of this title..", "id": "H52FA2C43F4D043A3B5578BC47024EF1", "header": "Disability determinations", "nested": [], "links": [ { "text": "20 U.S.C. 1087(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1087" } ] }, { "text": "(k) Treatment of falsely certified borrowers \nSection 437(c)(1) ( 20 U.S.C. 1087(c)(1) ) is amended by inserting or parent’s eligibility after such student’s eligibility.", "id": "H512FE74484AE4012A77F00EAE5484409", "header": "Treatment of falsely certified borrowers", "nested": [], "links": [ { "text": "20 U.S.C. 1087(c)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1087" } ] }, { "text": "(l) Perfection of security interests \nSection 439(d) ( 20 U.S.C. 1087–2(d) ) is amended— (1) by striking paragraph (3); and (2) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively.", "id": "H7412A850B4734505888B9319B5190879", "header": "Perfection of security interests", "nested": [], "links": [ { "text": "20 U.S.C. 1087–2(d)", "legal-doc": "usc", "parsable-cite": "usc/20/1087-2" } ] }, { "text": "(m) Additional technical amendments \n(1) Section 428(a)(2)(A) ( 20 U.S.C. 1078(a)(2)(A) ) is amended— (A) by striking and at the end of subclause (II) of clause (i); and (B) by moving the margin of clause (iii) two ems to the left. (2) Section 428H(e) ( 20 U.S.C. 1078–8(e) ) is amended— (A) by striking paragraph (6); and (B) by redesignating paragraph (7) as paragraph (6). (3) Section 428I(g) ( 20 U.S.C. 1078–9(g) ) is amended by striking Code, and inserting Code. (4) Section 432(m)(1)(B) ( 20 U.S.C. 1082(m)(1)(B) ) is amended— (A) in clause (i), by inserting and after the semicolon at the end; and (B) in clause (ii), by striking ; and and inserting a period.", "id": "HAFCA5E8F1F8E42C68B58A468478B148F", "header": "Additional technical amendments", "nested": [], "links": [ { "text": "20 U.S.C. 1078(a)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/20/1078" }, { "text": "20 U.S.C. 1078–8(e)", "legal-doc": "usc", "parsable-cite": "usc/20/1078-8" }, { "text": "20 U.S.C. 1078–9(g)", "legal-doc": "usc", "parsable-cite": "usc/20/1078-9" }, { "text": "20 U.S.C. 1082(m)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/20/1082" } ] } ], "links": [ { "text": "20 U.S.C. 1078(b)(1)(G)", "legal-doc": "usc", "parsable-cite": "usc/20/1078" }, { "text": "20 U.S.C. 1078(c)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1078" }, { "text": "20 U.S.C. 1078(c)", "legal-doc": "usc", "parsable-cite": "usc/20/1078" }, { "text": "20 U.S.C. 1078–1", "legal-doc": "usc", "parsable-cite": "usc/20/1078-1" }, { "text": "20 U.S.C. 1078–6(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1078-6" }, { "text": "20 U.S.C. 1082(k)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1082" }, { "text": "20 U.S.C. 1080a(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1080a" }, { "text": "20 U.S.C. 1082(l)(1)(H)", "legal-doc": "usc", "parsable-cite": "usc/20/1082" }, { "text": "20 U.S.C. 1085(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/20/1085" }, { "text": "20 U.S.C. 1087(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1087" }, { "text": "20 U.S.C. 1087(c)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1087" }, { "text": "20 U.S.C. 1087–2(d)", "legal-doc": "usc", "parsable-cite": "usc/20/1087-2" }, { "text": "20 U.S.C. 1078(a)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/20/1078" }, { "text": "20 U.S.C. 1078–8(e)", "legal-doc": "usc", "parsable-cite": "usc/20/1078-8" }, { "text": "20 U.S.C. 1078–9(g)", "legal-doc": "usc", "parsable-cite": "usc/20/1078-9" }, { "text": "20 U.S.C. 1082(m)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/20/1082" } ] }, { "text": "441. Authorization of appropriations \nSection 441(b) ( 42 U.S.C. 2751(b) ) is amended— (1) by striking 1999 and inserting 2005 ; and (2) by striking 4 succeeding and inserting 5 succeeding.", "id": "HCC50BCE83D10402994EE00858B72F3B2", "header": "Authorization of appropriations", "nested": [], "links": [ { "text": "42 U.S.C. 2751(b)", "legal-doc": "usc", "parsable-cite": "usc/42/2751" } ] }, { "text": "442. Community service \nSection 441(c)(1) ( 42 U.S.C. 2751(c)(1) ) is amended by striking that are open and accessible to the community.", "id": "H3BA373ACDA544B088E292F90C5CCBA03", "header": "Community service", "nested": [], "links": [ { "text": "42 U.S.C. 2751(c)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/2751" } ] }, { "text": "443. Allocation of funds \n(a) Phaseout of allocation based on previous allocations \nSubsection (a) of section 442(a) ( 42 U.S.C. 2752(a) ) is amended to read as follows: (a) Allocation based on previous allocation \n(1) Base guarantee \nFrom the amount appropriated pursuant to section 441(b) for each fiscal year after fiscal year 2006, the Secretary shall, subject to paragraph (2) , first allocate to each eligible institution an amount equal to the following percentage of the amount such institution received under subsection (a) of this section for fiscal year 2006 (as such subsection was in effect with respect to allocations for such fiscal year): (A) 80 percent for fiscal years 2007 and 2008; (B) 60 percent for fiscal years 2009 and 2010; (C) 40 percent for fiscal years 2011 and 2012; (D) 20 percent for fiscal years 2013 and 2014; and (E) 0 percent for fiscal year 2015 and any succeeding fiscal year. (2) Ratable reductions for insufficient appropriations \n(A) Reduction of base guarantee \nIf the amount appropriated for any fiscal year is less than the amount required to be allocated to all institutions under this subsection, then the amount of the allocation to each such institution shall be ratably reduced. (B) Additional appropriations allocation \nIf additional amounts are appropriated for any such fiscal year, such reduced amounts shall be increased on the same basis as they were reduced (until the amount allocated equals the amount required to be allocated under this subsection). (3) Additional allocations for certain institutions \n(A) Allocations permitted \nNotwithstanding any other provision of this section, the Secretary may allocate an amount equal to not more than 10 percent of the amount by which the amount appropriated in any fiscal year to carry out this part exceeds $700,000,000 among eligible institutions described in subparagraph (B). (B) Eligible institutions \nFor purposes of subparagraph (A) — (i) an eligible institution that is a 4-year institution may receive an allocation under subparagraph (A) if more than 50 percent of the students who are degree-seeking Pell Grant recipients attending such institution graduate within 4 calendar years of the first day of enrollment; and (ii) an eligible institution that is a 2-year institution may receive an allocation under subparagraph (A) if more than 50 percent of the students who are degree-seeking Pell Grant recipients attending such institution graduate within 2 calendar years of the first day of enrollment.. (b) Effective date \nThe amendment made by subsection (a) shall apply with respect to any amounts appropriated under section 441(b) of the Higher Education Act of 1965 ( 42 U.S.C. 2751(b) ) for fiscal year 2007 or any succeeding fiscal year.", "id": "HABCA44C586714E40AB4E30CA55B7D416", "header": "Allocation of funds", "nested": [ { "text": "(a) Phaseout of allocation based on previous allocations \nSubsection (a) of section 442(a) ( 42 U.S.C. 2752(a) ) is amended to read as follows: (a) Allocation based on previous allocation \n(1) Base guarantee \nFrom the amount appropriated pursuant to section 441(b) for each fiscal year after fiscal year 2006, the Secretary shall, subject to paragraph (2) , first allocate to each eligible institution an amount equal to the following percentage of the amount such institution received under subsection (a) of this section for fiscal year 2006 (as such subsection was in effect with respect to allocations for such fiscal year): (A) 80 percent for fiscal years 2007 and 2008; (B) 60 percent for fiscal years 2009 and 2010; (C) 40 percent for fiscal years 2011 and 2012; (D) 20 percent for fiscal years 2013 and 2014; and (E) 0 percent for fiscal year 2015 and any succeeding fiscal year. (2) Ratable reductions for insufficient appropriations \n(A) Reduction of base guarantee \nIf the amount appropriated for any fiscal year is less than the amount required to be allocated to all institutions under this subsection, then the amount of the allocation to each such institution shall be ratably reduced. (B) Additional appropriations allocation \nIf additional amounts are appropriated for any such fiscal year, such reduced amounts shall be increased on the same basis as they were reduced (until the amount allocated equals the amount required to be allocated under this subsection). (3) Additional allocations for certain institutions \n(A) Allocations permitted \nNotwithstanding any other provision of this section, the Secretary may allocate an amount equal to not more than 10 percent of the amount by which the amount appropriated in any fiscal year to carry out this part exceeds $700,000,000 among eligible institutions described in subparagraph (B). (B) Eligible institutions \nFor purposes of subparagraph (A) — (i) an eligible institution that is a 4-year institution may receive an allocation under subparagraph (A) if more than 50 percent of the students who are degree-seeking Pell Grant recipients attending such institution graduate within 4 calendar years of the first day of enrollment; and (ii) an eligible institution that is a 2-year institution may receive an allocation under subparagraph (A) if more than 50 percent of the students who are degree-seeking Pell Grant recipients attending such institution graduate within 2 calendar years of the first day of enrollment..", "id": "H4A1B63E3523B4DD79C50A7CFB9D2109C", "header": "Phaseout of allocation based on previous allocations", "nested": [], "links": [ { "text": "42 U.S.C. 2752(a)", "legal-doc": "usc", "parsable-cite": "usc/42/2752" } ] }, { "text": "(b) Effective date \nThe amendment made by subsection (a) shall apply with respect to any amounts appropriated under section 441(b) of the Higher Education Act of 1965 ( 42 U.S.C. 2751(b) ) for fiscal year 2007 or any succeeding fiscal year.", "id": "H3ACB29B74BC74FB8A21CAC3C63201C5F", "header": "Effective date", "nested": [], "links": [ { "text": "42 U.S.C. 2751(b)", "legal-doc": "usc", "parsable-cite": "usc/42/2751" } ] } ], "links": [ { "text": "42 U.S.C. 2752(a)", "legal-doc": "usc", "parsable-cite": "usc/42/2752" }, { "text": "42 U.S.C. 2751(b)", "legal-doc": "usc", "parsable-cite": "usc/42/2751" } ] }, { "text": "444. Books and supplies \nSection 442(c)(4)(D) ( 42 U.S.C. 2752(c)(4)(D) ) is amended by striking $450 and inserting $600.", "id": "HF01F1154B0AB4E8BB80809DA7704E4D", "header": "Books and supplies", "nested": [], "links": [ { "text": "42 U.S.C. 2752(c)(4)(D)", "legal-doc": "usc", "parsable-cite": "usc/42/2752" } ] }, { "text": "445. Job location and development \nSection 446(a)(1) ( 42 U.S.C. 2756(a)(1) ) is amended— (1) by striking 10 percent or $50,000 and inserting 15 percent or $75,000 ; and (2) by inserting before the period at the end the following: , except that not less than one-third of such amount shall be specifically allocated to locate and develop community service jobs.", "id": "H3FDC600E290D4D0D9BB540C06301C79B", "header": "Job location and development", "nested": [], "links": [ { "text": "42 U.S.C. 2756(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/2756" } ] }, { "text": "446. Work colleges \nSection 448 ( 42 U.S.C. 2756b ) is amended— (1) by striking work-learning each place it appears and inserting work-learning-service ; (2) by striking work-service each place it appears and inserting work-learning-service ; (3) by amending subparagraph (C) of subsection (e)(1) to read as follows: (C) requires all resident students, including at least one-half of all students who are enrolled on a full-time basis, to participate in a comprehensive work-learning-service program for at least 5 hours each week, or at least 80 hours during each period of enrollment, unless the student is engaged in an institutionally organized or approved study abroad or externship program; and ; (4) by amending paragraph (2) of subsection (e) to read as follows: (2) the term comprehensive student work-learning-service program — (A) means a student work-learning-service program that is an integral and stated part of the institution's educational philosophy and program; (B) requires participation of all resident students for enrollment and graduation; (C) includes learning objectives, evaluation, and a record of work performance as part of the student's college record; (D) provides programmatic leadership by college personnel at levels comparable to traditional academic programs; (E) recognizes the educational role of work-learning-service supervisors; and (F) includes consequences for nonperformance or failure in the work-learning-service program similar to the consequences for failure in the regular academic program. ; and (5) in subsection (f), by striking 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years and inserting 2005 and such sums as may be necessary for the 5 succeeding fiscal years.", "id": "H9F3FA947AAA04722A1F53C8D247F90A8", "header": "Work colleges", "nested": [], "links": [ { "text": "42 U.S.C. 2756b", "legal-doc": "usc", "parsable-cite": "usc/42/2756b" } ] }, { "text": "451. Reauthorization of the Direct Loan Program \n(a) Administrative expenses \nSection 458(a)(1) ( 20 U.S.C. 1087h(a)(1) ) is amended by striking $617,000,000 and all that follows through fiscal year 2003 and inserting $807,000,000 in fiscal year 2005, $820,000,000 in fiscal year 2006, $833,000,000 in fiscal year 2007, $847,000,000 in fiscal year 2008, $862,000,000 in fiscal year 2009, and $878,000,000 in fiscal year 2010. (b) Calculation basis \nSubsection (b) of section 458 ( 20 U.S.C. 1087h(b) ) is amended by striking shall be calculated— and all that follows through the end of such subsection and inserting shall be calculated on the basis of 0.10 percent of the original principal amount of outstanding loans on which insurance was issued under part B.. (c) Special rules: fee cap \nSection 458(c)(1) ( 20 U.S.C. 1087h(c)(1) ) is amended by striking subparagraphs (A) through (E) and inserting the following: (A) for fiscal year 2005, shall not exceed $207,000,000; (B) for fiscal year 2006, shall not exceed $220,000,000; (C) for fiscal year 2007, shall not exceed $233,000,000; (D) for fiscal year 2008, shall not exceed $247,000,000; (E) for fiscal year 2009, shall not exceed $262,000,000; and (F) for fiscal year 2010, shall not exceed $278,000,000.. (d) Consolidation loan eligibility \nSection 455(g) ( 20 U.S.C. 1087e(g) ) is amended by adding at the end (after the sentence added by section 425(b)(2) of this Act) the following new sentence: To be eligible for a consolidation loan under this part, a borrower must meet all the eligibility criteria set forth in section 428C(a)(3)..", "id": "HD8748D0FFD7348BAA91E873D7CC5CBC", "header": "Reauthorization of the Direct Loan Program", "nested": [ { "text": "(a) Administrative expenses \nSection 458(a)(1) ( 20 U.S.C. 1087h(a)(1) ) is amended by striking $617,000,000 and all that follows through fiscal year 2003 and inserting $807,000,000 in fiscal year 2005, $820,000,000 in fiscal year 2006, $833,000,000 in fiscal year 2007, $847,000,000 in fiscal year 2008, $862,000,000 in fiscal year 2009, and $878,000,000 in fiscal year 2010.", "id": "HB3BA584EA7EC45139DA072EA05B425A8", "header": "Administrative expenses", "nested": [], "links": [ { "text": "20 U.S.C. 1087h(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1087h" } ] }, { "text": "(b) Calculation basis \nSubsection (b) of section 458 ( 20 U.S.C. 1087h(b) ) is amended by striking shall be calculated— and all that follows through the end of such subsection and inserting shall be calculated on the basis of 0.10 percent of the original principal amount of outstanding loans on which insurance was issued under part B..", "id": "H4BF264934AFE44D38991C694F6928578", "header": "Calculation basis", "nested": [], "links": [ { "text": "20 U.S.C. 1087h(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1087h" } ] }, { "text": "(c) Special rules: fee cap \nSection 458(c)(1) ( 20 U.S.C. 1087h(c)(1) ) is amended by striking subparagraphs (A) through (E) and inserting the following: (A) for fiscal year 2005, shall not exceed $207,000,000; (B) for fiscal year 2006, shall not exceed $220,000,000; (C) for fiscal year 2007, shall not exceed $233,000,000; (D) for fiscal year 2008, shall not exceed $247,000,000; (E) for fiscal year 2009, shall not exceed $262,000,000; and (F) for fiscal year 2010, shall not exceed $278,000,000..", "id": "H2FE09E294FF8426398839587CAE100BE", "header": "Special rules: fee cap", "nested": [], "links": [ { "text": "20 U.S.C. 1087h(c)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1087h" } ] }, { "text": "(d) Consolidation loan eligibility \nSection 455(g) ( 20 U.S.C. 1087e(g) ) is amended by adding at the end (after the sentence added by section 425(b)(2) of this Act) the following new sentence: To be eligible for a consolidation loan under this part, a borrower must meet all the eligibility criteria set forth in section 428C(a)(3)..", "id": "HABC70F6C8408450D80C89521A1C2488E", "header": "Consolidation loan eligibility", "nested": [], "links": [ { "text": "20 U.S.C. 1087e(g)", "legal-doc": "usc", "parsable-cite": "usc/20/1087e" } ] } ], "links": [ { "text": "20 U.S.C. 1087h(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1087h" }, { "text": "20 U.S.C. 1087h(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1087h" }, { "text": "20 U.S.C. 1087h(c)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1087h" }, { "text": "20 U.S.C. 1087e(g)", "legal-doc": "usc", "parsable-cite": "usc/20/1087e" } ] }, { "text": "461. Reauthorization of program \n(a) Program authorization \n(1) Authorization of appropriations \nSection 461(b) ( 20 U.S.C. 1087aa(b) ) is amended— (A) in paragraph (1)— (i) by striking 1999 and inserting 2005 ; and (ii) by striking 4 succeeding and inserting 5 succeeding ; and (B) in paragraph (2), by striking 2003 each place it appears and inserting 2011. (2) Federal capital contribution recovery \nSection 466 ( 20 U.S.C. 1087ff ) is amended— (A) by striking 2004 each place it appears in subsections (a), (b), and (c) and inserting 2011 ; (B) in subsection (a), by striking 2003 each place it appears and inserting 2010 ; and (C) in subsection (b), by striking 2012 and inserting 2019. (b) Phaseout of allocation based on previous allocations \n(1) Amendment \nSubsection (a) of section 462 ( 20 U.S.C. 1087bb(a) ) is amended to read as follows: (a) Allocation based on previous allocation \n(1) Base guarantee \nFrom the amount appropriated pursuant to section 461(b) for each fiscal year after fiscal year 2006, the Secretary shall, subject to paragraphs (2) and (3), first allocate to each eligible institution an amount equal to— (A) 100 percent of the amount such institution received under subsection (a) of this section for fiscal year 2006 (as such subsection was in effect with respect to allocations for such fiscal year), multiplied by (B) the institution's default penalty, as determined under subsection (e), except that if the institution has a cohort default rate in excess of the applicable maximum cohort default rate under subsection (f), the institution may not receive an allocation under this paragraph. (2) Phase out \nFor each of the fiscal years after fiscal year 2006, paragraph (1) shall be applied by substituting for 100 percent : (A) 80 percent for fiscal years 2007 and 2008; (B) 60 percent for fiscal years 2009 and 2010; (C) 40 percent for fiscal years 2011 and 2012; (D) 20 percent for fiscal years 2013 and 2014; and (E) 0 percent for fiscal year 2015 and any succeeding fiscal year. (3) Ratable reductions for insufficient appropriations \n(A) Reduction of base guarantee \nIf the amount appropriated for any fiscal year is less than the amount required to be allocated to all institutions under this subsection, then the amount of the allocation to each such institution shall be ratably reduced. (B) Additional appropriations allocation \nIf additional amounts are appropriated for any such fiscal year, such reduced amounts shall be increased on the same basis as they were reduced (until the amount allocated equals the amount required to be allocated under this subsection).. (2) Effective date \nThe amendment made by paragraph (1) shall apply with respect to any amounts appropriated under section 461(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1087bb(b) ) for fiscal year 2007 or any succeeding fiscal year. (c) Books and supplies \nSection 462(c)(4)(D) ( 20 U.S.C. 1087bb(c)(4)(D) ) is amended by striking $450 and inserting $600.", "id": "H46D34AB881F54380BE2426A23CD078C8", "header": "Reauthorization of program", "nested": [ { "text": "(a) Program authorization \n(1) Authorization of appropriations \nSection 461(b) ( 20 U.S.C. 1087aa(b) ) is amended— (A) in paragraph (1)— (i) by striking 1999 and inserting 2005 ; and (ii) by striking 4 succeeding and inserting 5 succeeding ; and (B) in paragraph (2), by striking 2003 each place it appears and inserting 2011. (2) Federal capital contribution recovery \nSection 466 ( 20 U.S.C. 1087ff ) is amended— (A) by striking 2004 each place it appears in subsections (a), (b), and (c) and inserting 2011 ; (B) in subsection (a), by striking 2003 each place it appears and inserting 2010 ; and (C) in subsection (b), by striking 2012 and inserting 2019.", "id": "H73429B26965C4FA7005C4F49017C9526", "header": "Program authorization", "nested": [], "links": [ { "text": "20 U.S.C. 1087aa(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1087aa" }, { "text": "20 U.S.C. 1087ff", "legal-doc": "usc", "parsable-cite": "usc/20/1087ff" } ] }, { "text": "(b) Phaseout of allocation based on previous allocations \n(1) Amendment \nSubsection (a) of section 462 ( 20 U.S.C. 1087bb(a) ) is amended to read as follows: (a) Allocation based on previous allocation \n(1) Base guarantee \nFrom the amount appropriated pursuant to section 461(b) for each fiscal year after fiscal year 2006, the Secretary shall, subject to paragraphs (2) and (3), first allocate to each eligible institution an amount equal to— (A) 100 percent of the amount such institution received under subsection (a) of this section for fiscal year 2006 (as such subsection was in effect with respect to allocations for such fiscal year), multiplied by (B) the institution's default penalty, as determined under subsection (e), except that if the institution has a cohort default rate in excess of the applicable maximum cohort default rate under subsection (f), the institution may not receive an allocation under this paragraph. (2) Phase out \nFor each of the fiscal years after fiscal year 2006, paragraph (1) shall be applied by substituting for 100 percent : (A) 80 percent for fiscal years 2007 and 2008; (B) 60 percent for fiscal years 2009 and 2010; (C) 40 percent for fiscal years 2011 and 2012; (D) 20 percent for fiscal years 2013 and 2014; and (E) 0 percent for fiscal year 2015 and any succeeding fiscal year. (3) Ratable reductions for insufficient appropriations \n(A) Reduction of base guarantee \nIf the amount appropriated for any fiscal year is less than the amount required to be allocated to all institutions under this subsection, then the amount of the allocation to each such institution shall be ratably reduced. (B) Additional appropriations allocation \nIf additional amounts are appropriated for any such fiscal year, such reduced amounts shall be increased on the same basis as they were reduced (until the amount allocated equals the amount required to be allocated under this subsection).. (2) Effective date \nThe amendment made by paragraph (1) shall apply with respect to any amounts appropriated under section 461(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1087bb(b) ) for fiscal year 2007 or any succeeding fiscal year.", "id": "H6D83DA6A004748080068CA8BF1C74800", "header": "Phaseout of allocation based on previous allocations", "nested": [], "links": [ { "text": "20 U.S.C. 1087bb(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1087bb" }, { "text": "20 U.S.C. 1087bb(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1087bb" } ] }, { "text": "(c) Books and supplies \nSection 462(c)(4)(D) ( 20 U.S.C. 1087bb(c)(4)(D) ) is amended by striking $450 and inserting $600.", "id": "H66A8C9DC69FA42958B8D9FA7572FB3B9", "header": "Books and supplies", "nested": [], "links": [ { "text": "20 U.S.C. 1087bb(c)(4)(D)", "legal-doc": "usc", "parsable-cite": "usc/20/1087bb" } ] } ], "links": [ { "text": "20 U.S.C. 1087aa(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1087aa" }, { "text": "20 U.S.C. 1087ff", "legal-doc": "usc", "parsable-cite": "usc/20/1087ff" }, { "text": "20 U.S.C. 1087bb(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1087bb" }, { "text": "20 U.S.C. 1087bb(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1087bb" }, { "text": "20 U.S.C. 1087bb(c)(4)(D)", "legal-doc": "usc", "parsable-cite": "usc/20/1087bb" } ] }, { "text": "462. Loan terms and conditions \n(a) Loan limits \nSection 464(a) ( 20 U.S.C. 1087dd(a) )— (1) in paragraph (2)(A)— (A) by striking $4,000 in clause (i) and inserting $5,500 ; and (B) by striking $6,000 in clause (ii) and inserting $8,000 ; and (2) in paragraph (2)(B)— (A) by striking $40,000 in clause (i) and inserting $60,000 ; (B) by striking $20,000 in clause (ii) and inserting $27,500 ; and (C) by striking $8,000 in clause (iii) and inserting $11,000. (b) Forbearance \nSection 464(e) ( 20 U.S.C. 1087dd(e) ) is amended by striking , upon written request,. (c) Special repayment rule \nParagraph (2) of section 464(f) is amended to read as follows: (2) No compromise repayment of a defaulted loan as authorized by paragraph (1) may be made unless agreed to by the Secretary.. (d) Rehabilitation \nSection 464(h)(1)(A) ( 20 U.S.C. 1087dd(h)(1)(A) ) is amended by striking 12 ontime and inserting 9 on-time.", "id": "H38D4F147149F4F9684D71798CB4B35", "header": "Loan terms and conditions", "nested": [ { "text": "(a) Loan limits \nSection 464(a) ( 20 U.S.C. 1087dd(a) )— (1) in paragraph (2)(A)— (A) by striking $4,000 in clause (i) and inserting $5,500 ; and (B) by striking $6,000 in clause (ii) and inserting $8,000 ; and (2) in paragraph (2)(B)— (A) by striking $40,000 in clause (i) and inserting $60,000 ; (B) by striking $20,000 in clause (ii) and inserting $27,500 ; and (C) by striking $8,000 in clause (iii) and inserting $11,000.", "id": "HB28EC375E73F4A48BA00FB00A264E555", "header": "Loan limits", "nested": [], "links": [ { "text": "20 U.S.C. 1087dd(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1087dd" } ] }, { "text": "(b) Forbearance \nSection 464(e) ( 20 U.S.C. 1087dd(e) ) is amended by striking , upon written request,.", "id": "H058F67A09735484A892021EAEEEF8DE3", "header": "Forbearance", "nested": [], "links": [ { "text": "20 U.S.C. 1087dd(e)", "legal-doc": "usc", "parsable-cite": "usc/20/1087dd" } ] }, { "text": "(c) Special repayment rule \nParagraph (2) of section 464(f) is amended to read as follows: (2) No compromise repayment of a defaulted loan as authorized by paragraph (1) may be made unless agreed to by the Secretary..", "id": "H7981EA3468CF42C6B52600B434BD5263", "header": "Special repayment rule", "nested": [], "links": [] }, { "text": "(d) Rehabilitation \nSection 464(h)(1)(A) ( 20 U.S.C. 1087dd(h)(1)(A) ) is amended by striking 12 ontime and inserting 9 on-time.", "id": "H5AFCC9CD58FF43C9897143A84688A800", "header": "Rehabilitation", "nested": [], "links": [ { "text": "20 U.S.C. 1087dd(h)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/20/1087dd" } ] } ], "links": [ { "text": "20 U.S.C. 1087dd(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1087dd" }, { "text": "20 U.S.C. 1087dd(e)", "legal-doc": "usc", "parsable-cite": "usc/20/1087dd" }, { "text": "20 U.S.C. 1087dd(h)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/20/1087dd" } ] }, { "text": "463. Loan cancellation \nSection 465(a)(3)(A) ( 20 U.S.C. 1087ee(a)(3)(A) ) is amended— (1) by inserting (D), after subparagraph (A), (C), in clause (i); (2) by inserting or after the semicolon at the end of clause (ii); (3) by striking clause (iii); and (4) by redesignating clause (iv) as clause (iii).", "id": "HE414DBA8BAA64EA9852B3E6F0012894F", "header": "Loan cancellation", "nested": [], "links": [ { "text": "20 U.S.C. 1087ee(a)(3)(A)", "legal-doc": "usc", "parsable-cite": "usc/20/1087ee" } ] }, { "text": "464. Technical amendments \nPart E is further amended as follows: (1) Section 462(g)(1)(E)(i)(I) ( 20 U.S.C. 1087bb(g)(1)(E)(i)(I) ) is amended by inserting monthly after consecutive. (2) Section 464(c)(1)(D) ( 20 U.S.C. 1087dd(c)(1)(D) ) is amended by redesignating subclauses (I) and (II) as clauses (i) and (ii), respectively. (3) Section 465(a)(2) ( 20 U.S.C. 1087ee(a)(2) ) is amended— (A) in subparagraph (A), by striking section 111(c) and inserting section 1113(a)(5) ; and (B) in subparagraph (C), by striking With Disabilities and inserting with Disabilities. (4) Section 467(b) ( 20 U.S.C. 1087gg(b) ) is amended by striking (5)(A), (5)(B)(i), or (6) and inserting (4)(A), (4)(B), or (5). (5) Section 469(c) ( 20 U.S.C. 1087ii(c) ) is amended— (A) by striking sections 602(a)(1) and 672(1) and inserting sections 602(3) and 632(5) ; (B) by striking qualified professional provider of early intervention services and inserting early intervention services ; and (C) by striking section 672(2) and inserting section 632(4).", "id": "H4A5BB8BA87B54513A900EF9738661634", "header": "Technical amendments", "nested": [], "links": [ { "text": "20 U.S.C. 1087bb(g)(1)(E)(i)(I)", "legal-doc": "usc", "parsable-cite": "usc/20/1087bb" }, { "text": "20 U.S.C. 1087dd(c)(1)(D)", "legal-doc": "usc", "parsable-cite": "usc/20/1087dd" }, { "text": "20 U.S.C. 1087ee(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/20/1087ee" }, { "text": "20 U.S.C. 1087gg(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1087gg" }, { "text": "20 U.S.C. 1087ii(c)", "legal-doc": "usc", "parsable-cite": "usc/20/1087ii" } ] }, { "text": "471. Simplified needs test improvements \nSection 479 ( 20 U.S.C. 1087ss ) is amended— (1) by striking clause (i) of subsection (b)(1)(A) and inserting the following: (i) the student’s parents file a form described in paragraph (3) or certify that they are not required to file an income tax return, and the student files such a form or certifies that the student is not required to file an income tax return, or the student’s parents receive benefits under a means-tested Federal benefit program;. (2) by striking clause (i) of subsection (b)(1)(B) and inserting the following: (i) the student (and the student’s spouse, if any) files a form described in paragraph (3) or certifies that the student (and the student’s spouse, if any) is not required to file an income tax return, or the student (and the student’s spouse, if any) receives benefits under a means-tested Federal benefit program; ; (3) by striking subparagraph (A) of subsection (c)(1) and inserting the following: (A) the student’s parents file a form described in subsection (b)(3) or certify that they are not required to file an income tax return, and the student files such a form or certifies that the student is not required to file an income tax return, or the student’s parents receive benefits under a means-tested Federal benefit program; ; (4) by striking subparagraph (A) of subsection (c)(2) and inserting the following: (A) the student (and the student’s spouse, if any) files a form described in subsection (b)(3) or certifies that the student (and the student’s spouse, if any) is not required to file an income tax return, or the student (and the student’s spouse, if any) receives benefits under a means-tested Federal benefit program; ; and (5) by adding at the end the following new subsection: (d) Definition of means-tested federal benefit program \nFor purposes of this section, the term `means-tested Federal benefit program' means a mandatory spending program of the Federal Government, other than a program under this title, in which eligibility for the programs' benefits, or the amount of such benefits, or both, are determined on the basis of income or resources of the individual or family seeking the benefit, and may include such programs as the supplemental security income program under title XVI of the Social Security Act, the food stamp program under the Food Stamp Act of 1977, and the free and reduced price school lunch program under the Richard B. Russell National School Lunch Act, and other programs identified by the Secretary..", "id": "H44869F898CFC4FFE88077BFA1B211C70", "header": "Simplified needs test improvements", "nested": [], "links": [ { "text": "20 U.S.C. 1087ss", "legal-doc": "usc", "parsable-cite": "usc/20/1087ss" } ] }, { "text": "472. Additional need analysis amendments \n(a) Income protection allowance for dependent students \n— (1) Amendment \nSection 475(g)(2)(D) ( 20 U.S.C. 1087oo(g)(2)(D) ) is amended by striking $2,200 and inserting $3,000. (2) Effective date \nThe amendment made by paragraph (1) shall apply with respect to determinations of need for periods of enrollment beginning on or after July 1, 2005. (b) Employment expense allowance \nSection 478(h) ( 20 U.S.C. 1087rr(h) ) is amended— (1) by striking 476(b)(4)(B), ; and (2) by striking meals away from home, apparel and upkeep, transportation, and housekeeping services and inserting food away from home, apparel, transportation, and household furnishings and operations. (c) Discretion of student financial aid administrators \nSection 479A(a) ( 20 U.S.C. 1087tt(a) ) is amended— (1) by striking (a) In General.— and inserting the following: (a) Authority to make adjustments \n(1) Adjustments for special circumstances \n; (2) by inserting before Special circumstances may the following: (2) Special circumstances defined \n; (3) by inserting a student's status as a ward of the court at any time prior to attaining 18 years of age, after 487, ; (4) by inserting before Adequate documentation the following: (3) Documentation and use of supplementary information \n; and (5) by inserting before No student the following: (4) Fees for supplementary information prohibited \n. (d) Treating active duty members of the Armed Forces as independent students \nSection 480(d)(3) ( 20 U.S.C. 1087vv(d)(3) ) is amended by inserting before the semicolon at the end the following: or is currently serving on active duty in the Armed Forces for other than training purposes. (e) Excludable income \nSection 480(e) ( 20 U.S.C. 1087vv(e) ) is amended— (1) by striking and at the end of paragraph (3); (2) by striking the period at the end of paragraph (4); and (3) by adding at the end the following new paragraph: (5) any part of any distribution from a qualified tuition program established under section 529 of the Internal Revenue Code of 1986 that is not includable in gross income under such section 529.. (f) Treatment of savings plans \n(1) Amendment \nSection 480(f) ( 20 U.S.C. 1087vv(f) ) is amended— (A) in paragraph (1), by inserting qualified tuition programs established under section 529 of the Internal Revenue Code of 1986 ( 26 U.S.C. 529 ), except as provided in subparagraph (2), after tax shelters, ; (B) by redesignating paragraph (2) as paragraph (3); and (C) by inserting after paragraph (1) the following new paragraph: (2) A qualified tuition program shall not be considered an asset of a dependent student under section 475 of this part. The value of a qualified tuition program for purposes of determining the assets of parents or independent students shall be— (A) the refund value of any tuition credits or certificates purchased under section 529 of the Internal Revenue Code of 1986 ( 26 U.S.C. 529 ) on behalf of a beneficiary; or (B) the current balance of any account which is established under such section for the purpose of meeting the qualified higher education expenses of the designated beneficiary of the account.. (2) Conforming amendment \nSection 480(j) ( 20 U.S.C. 1087vv(j) ) is amended— (A) by striking ; Tuition prepayment plans in the heading of such subsection; (B) by striking paragraph (2); (C) in paragraph (3), by inserting , or a distribution that is not includible in gross income under section 529 of such Code, after 1986 ; and (D) by redesignating paragraph (3) as paragraph (2).", "id": "HBF380E18A4BF4A80A9D6AEA558B0A815", "header": "Additional need analysis amendments", "nested": [ { "text": "(a) Income protection allowance for dependent students \n— (1) Amendment \nSection 475(g)(2)(D) ( 20 U.S.C. 1087oo(g)(2)(D) ) is amended by striking $2,200 and inserting $3,000. (2) Effective date \nThe amendment made by paragraph (1) shall apply with respect to determinations of need for periods of enrollment beginning on or after July 1, 2005.", "id": "H6E7A93D710B44B2C8661EB278051E6F8", "header": "Income protection allowance for dependent students", "nested": [], "links": [ { "text": "20 U.S.C. 1087oo(g)(2)(D)", "legal-doc": "usc", "parsable-cite": "usc/20/1087oo" } ] }, { "text": "(b) Employment expense allowance \nSection 478(h) ( 20 U.S.C. 1087rr(h) ) is amended— (1) by striking 476(b)(4)(B), ; and (2) by striking meals away from home, apparel and upkeep, transportation, and housekeeping services and inserting food away from home, apparel, transportation, and household furnishings and operations.", "id": "HBE34E5676BDA46A3ACA67D48B52E0635", "header": "Employment expense allowance", "nested": [], "links": [ { "text": "20 U.S.C. 1087rr(h)", "legal-doc": "usc", "parsable-cite": "usc/20/1087rr" } ] }, { "text": "(c) Discretion of student financial aid administrators \nSection 479A(a) ( 20 U.S.C. 1087tt(a) ) is amended— (1) by striking (a) In General.— and inserting the following: (a) Authority to make adjustments \n(1) Adjustments for special circumstances \n; (2) by inserting before Special circumstances may the following: (2) Special circumstances defined \n; (3) by inserting a student's status as a ward of the court at any time prior to attaining 18 years of age, after 487, ; (4) by inserting before Adequate documentation the following: (3) Documentation and use of supplementary information \n; and (5) by inserting before No student the following: (4) Fees for supplementary information prohibited \n.", "id": "HD64797C7BBF0444EB8A0E8B3DE009D8E", "header": "Discretion of student financial aid administrators", "nested": [], "links": [ { "text": "20 U.S.C. 1087tt(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1087tt" } ] }, { "text": "(d) Treating active duty members of the Armed Forces as independent students \nSection 480(d)(3) ( 20 U.S.C. 1087vv(d)(3) ) is amended by inserting before the semicolon at the end the following: or is currently serving on active duty in the Armed Forces for other than training purposes.", "id": "H182B9845CA6B4C79B889C417E75DB811", "header": "Treating active duty members of the Armed Forces as independent students", "nested": [], "links": [ { "text": "20 U.S.C. 1087vv(d)(3)", "legal-doc": "usc", "parsable-cite": "usc/20/1087vv" } ] }, { "text": "(e) Excludable income \nSection 480(e) ( 20 U.S.C. 1087vv(e) ) is amended— (1) by striking and at the end of paragraph (3); (2) by striking the period at the end of paragraph (4); and (3) by adding at the end the following new paragraph: (5) any part of any distribution from a qualified tuition program established under section 529 of the Internal Revenue Code of 1986 that is not includable in gross income under such section 529..", "id": "HCDBF7238A03A4C00A802C7D7DE8E5412", "header": "Excludable income", "nested": [], "links": [ { "text": "20 U.S.C. 1087vv(e)", "legal-doc": "usc", "parsable-cite": "usc/20/1087vv" }, { "text": "section 529", "legal-doc": "usc", "parsable-cite": "usc/26/529" } ] }, { "text": "(f) Treatment of savings plans \n(1) Amendment \nSection 480(f) ( 20 U.S.C. 1087vv(f) ) is amended— (A) in paragraph (1), by inserting qualified tuition programs established under section 529 of the Internal Revenue Code of 1986 ( 26 U.S.C. 529 ), except as provided in subparagraph (2), after tax shelters, ; (B) by redesignating paragraph (2) as paragraph (3); and (C) by inserting after paragraph (1) the following new paragraph: (2) A qualified tuition program shall not be considered an asset of a dependent student under section 475 of this part. The value of a qualified tuition program for purposes of determining the assets of parents or independent students shall be— (A) the refund value of any tuition credits or certificates purchased under section 529 of the Internal Revenue Code of 1986 ( 26 U.S.C. 529 ) on behalf of a beneficiary; or (B) the current balance of any account which is established under such section for the purpose of meeting the qualified higher education expenses of the designated beneficiary of the account.. (2) Conforming amendment \nSection 480(j) ( 20 U.S.C. 1087vv(j) ) is amended— (A) by striking ; Tuition prepayment plans in the heading of such subsection; (B) by striking paragraph (2); (C) in paragraph (3), by inserting , or a distribution that is not includible in gross income under section 529 of such Code, after 1986 ; and (D) by redesignating paragraph (3) as paragraph (2).", "id": "HD4ECE8C20F35446AB8B400F08C582C00", "header": "Treatment of savings plans", "nested": [], "links": [ { "text": "20 U.S.C. 1087vv(f)", "legal-doc": "usc", "parsable-cite": "usc/20/1087vv" }, { "text": "section 529", "legal-doc": "usc", "parsable-cite": "usc/26/529" }, { "text": "26 U.S.C. 529", "legal-doc": "usc", "parsable-cite": "usc/26/529" }, { "text": "section 529", "legal-doc": "usc", "parsable-cite": "usc/26/529" }, { "text": "26 U.S.C. 529", "legal-doc": "usc", "parsable-cite": "usc/26/529" }, { "text": "20 U.S.C. 1087vv(j)", "legal-doc": "usc", "parsable-cite": "usc/20/1087vv" } ] } ], "links": [ { "text": "20 U.S.C. 1087oo(g)(2)(D)", "legal-doc": "usc", "parsable-cite": "usc/20/1087oo" }, { "text": "20 U.S.C. 1087rr(h)", "legal-doc": "usc", "parsable-cite": "usc/20/1087rr" }, { "text": "20 U.S.C. 1087tt(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1087tt" }, { "text": "20 U.S.C. 1087vv(d)(3)", "legal-doc": "usc", "parsable-cite": "usc/20/1087vv" }, { "text": "20 U.S.C. 1087vv(e)", "legal-doc": "usc", "parsable-cite": "usc/20/1087vv" }, { "text": "section 529", "legal-doc": "usc", "parsable-cite": "usc/26/529" }, { "text": "20 U.S.C. 1087vv(f)", "legal-doc": "usc", "parsable-cite": "usc/20/1087vv" }, { "text": "section 529", "legal-doc": "usc", "parsable-cite": "usc/26/529" }, { "text": "26 U.S.C. 529", "legal-doc": "usc", "parsable-cite": "usc/26/529" }, { "text": "section 529", "legal-doc": "usc", "parsable-cite": "usc/26/529" }, { "text": "26 U.S.C. 529", "legal-doc": "usc", "parsable-cite": "usc/26/529" }, { "text": "20 U.S.C. 1087vv(j)", "legal-doc": "usc", "parsable-cite": "usc/20/1087vv" } ] }, { "text": "481. Definition of academic year \nParagraph (2) of section 481(a) ( 20 U.S.C. 1088(a) ) is amended to read as follows: (2) For the purpose of any program under this title, the term academic year shall— (A) require a minimum of 30 weeks of instructional time for a course of study that measures its program length in credit hours; or (B) require a minimum of 26 weeks of instructional time for a course of study that measures its program length in clock hours; and (C) require an undergraduate course of study to contain an amount of instructional time whereby a full-time student is expected to complete at least (i) 24 semester or trimester hours or 36 quarter credit hours in a course of study that measures its program length in credit hours, or (ii) 900 clock hours in a course of study that measures its program length in clock hours..", "id": "HAFE31836AD5F409092273F93FCCBFDBC", "header": "Definition of academic year", "nested": [], "links": [ { "text": "20 U.S.C. 1088(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1088" } ] }, { "text": "482. Distance education \n(a) Distance education: eligible program \nSection 481(b) ( 20 U.S.C. 1088(b) ) is amended by adding at the end the following new paragraph: (3) Distance education \nAn otherwise eligible program that is offered in whole or in part through telecommunications is eligible for the purposes of this title if the program is offered by an institution, other than a foreign institution, that has been evaluated and determined (before or after the date of enactment of this paragraph) to have the capability to effectively deliver distance education programs by an accrediting agency or association that— (A) is recognized by the Secretary under subpart 2 of Part H; and (B) has evaluation of distance education programs within the scope of its recognition, as described in section 496(n)(3).. (b) Correspondence courses \nSection 484( l )(1) (20 U.S.C. 1091( l )(1)) is amended— (1) in subparagraph (A)— (A) by striking for a program of study of 1 year or longer ; and (B) by striking unless the total and all that follows through courses at the institution ; and (2) by amending subparagraph (B) to read as follows: (B) Exception \nSubparagraph (A) does not apply to an institution or school described in section 3(3)(C) of the Carl D. Perkins Vocational and Technical Education Act of 1998..", "id": "H9CA41AC587F24E5EA5BDFDBB62F6795E", "header": "Distance education", "nested": [ { "text": "(a) Distance education: eligible program \nSection 481(b) ( 20 U.S.C. 1088(b) ) is amended by adding at the end the following new paragraph: (3) Distance education \nAn otherwise eligible program that is offered in whole or in part through telecommunications is eligible for the purposes of this title if the program is offered by an institution, other than a foreign institution, that has been evaluated and determined (before or after the date of enactment of this paragraph) to have the capability to effectively deliver distance education programs by an accrediting agency or association that— (A) is recognized by the Secretary under subpart 2 of Part H; and (B) has evaluation of distance education programs within the scope of its recognition, as described in section 496(n)(3)..", "id": "H75747D544F7445118B63D82D4A8CAFE", "header": "Distance education: eligible program", "nested": [], "links": [ { "text": "20 U.S.C. 1088(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1088" } ] }, { "text": "(b) Correspondence courses \nSection 484( l )(1) (20 U.S.C. 1091( l )(1)) is amended— (1) in subparagraph (A)— (A) by striking for a program of study of 1 year or longer ; and (B) by striking unless the total and all that follows through courses at the institution ; and (2) by amending subparagraph (B) to read as follows: (B) Exception \nSubparagraph (A) does not apply to an institution or school described in section 3(3)(C) of the Carl D. Perkins Vocational and Technical Education Act of 1998..", "id": "H2F39FAFF3E9F4064BAD290F510765628", "header": "Correspondence courses", "nested": [], "links": [] } ], "links": [ { "text": "20 U.S.C. 1088(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1088" } ] }, { "text": "483. Expanding information dissemination regarding eligibility for Pell Grants \nSection 483(a) ( 20 U.S.C. 1090(a) ) is amended by adding at the end the following new paragraph: (8) Expanding information dissemination regarding eligibility for Pell Grants \nThe Secretary shall make special efforts, in conjunction with State efforts, to notify students and their parents who qualify for a free lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ), the Food Stamps program, or such other programs as the Secretary shall determine, of their potential eligibility for a maximum Pell Grant, and shall disseminate such informational materials as the Secretary deems appropriate..", "id": "HC0B06F9FA47640F4A90092CF80D47C79", "header": "Expanding information dissemination regarding eligibility for Pell Grants", "nested": [], "links": [ { "text": "20 U.S.C. 1090(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1090" }, { "text": "42 U.S.C. 1751 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1751" } ] }, { "text": "484. Student eligibility \n(a) Suspension of eligibility for drug offenses \nSection 484(r)(1) ( 20 U.S.C. 1091(r)(1) ) is amended by striking everything preceding the table and inserting the following: (1) In general \nA student who is convicted of any offense under any Federal or State law involving the possession or sale of a controlled substance for conduct that occurred during a period of enrollment for which the student was receiving any grant, loan, or work assistance under this title shall not be eligible to receive any grant, loan, or work assistance under this title from the date of that conviction for the period of time specified in the following table:. (b) Freely associated states \nSection 484(j) ( 20 U.S.C. 1091(j) ) is amended by inserting and shall be eligible only for assistance under subpart 1 of part A thereafter, after part C,. (c) Verification of income date \nParagraph (1) of section 484(q) ( 20 U.S.C. 1091(q) ) is amended to read as follows: (1) Confirmation with irs \nThe Secretary of Education, in cooperation with the Secretary of the Treasury, is authorized to confirm with the Internal Revenue Service the information specified in section 6103(l)(13) of the Internal Revenue Code of 1986 reported by applicants (including parents) under this title on their Federal income tax returns for the purpose of verifying the information reported by applicants on student financial aid applications.. (d) Pell grant eligibility provision \nSection 484 is amended by adding at the end the following new subsection: (s) Pell grant eligibility provision \nA student who does not have a certificate of graduation from a school providing secondary education may be eligible for assistance under subpart 1 of Part A of this title for no more than two academic years, if such student— (1) meets all eligibility requirements for such assistance (other than not being enrolled in an elementary or secondary school) and is an academically gifted and talented student, as defined in section 9101 of the Elementary and Secondary Education Act; (2) is in the junior or senior year of secondary school, and has not received any assistance under this title; (3) is selected for participation and is enrolled full-time and resides on campus in a residential college gifted student program for early enrollment, leading to fully transferable college academic credit; (4) does not and will not participate in any secondary school course work during or after such program; and (5) has entered into an agreement that, if the student fails to complete the entirety of the academic program for which assistance under subpart 1 of Part A of this title was received, or participates in secondary school course work after participating in such program, the student will repay all funds received under such subpart pursuant to this subsection to the Federal Government in accordance with regulations promulgated by the Secretary.. (e) Technical amendment \nSection 484(b)(5) is amended by inserting or parent (on behalf of a student) after student.", "id": "H33996904762B4857858C87A26DA15E49", "header": "Student eligibility", "nested": [ { "text": "(a) Suspension of eligibility for drug offenses \nSection 484(r)(1) ( 20 U.S.C. 1091(r)(1) ) is amended by striking everything preceding the table and inserting the following: (1) In general \nA student who is convicted of any offense under any Federal or State law involving the possession or sale of a controlled substance for conduct that occurred during a period of enrollment for which the student was receiving any grant, loan, or work assistance under this title shall not be eligible to receive any grant, loan, or work assistance under this title from the date of that conviction for the period of time specified in the following table:.", "id": "H934E6DD112E941B700C8A88D5D96E0DC", "header": "Suspension of eligibility for drug offenses", "nested": [], "links": [ { "text": "20 U.S.C. 1091(r)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1091" } ] }, { "text": "(b) Freely associated states \nSection 484(j) ( 20 U.S.C. 1091(j) ) is amended by inserting and shall be eligible only for assistance under subpart 1 of part A thereafter, after part C,.", "id": "H5CC007B429844D0F93D0845F219E9BCF", "header": "Freely associated states", "nested": [], "links": [ { "text": "20 U.S.C. 1091(j)", "legal-doc": "usc", "parsable-cite": "usc/20/1091" } ] }, { "text": "(c) Verification of income date \nParagraph (1) of section 484(q) ( 20 U.S.C. 1091(q) ) is amended to read as follows: (1) Confirmation with irs \nThe Secretary of Education, in cooperation with the Secretary of the Treasury, is authorized to confirm with the Internal Revenue Service the information specified in section 6103(l)(13) of the Internal Revenue Code of 1986 reported by applicants (including parents) under this title on their Federal income tax returns for the purpose of verifying the information reported by applicants on student financial aid applications..", "id": "H271E5B4D269B46A7B595FEE05B8713A1", "header": "Verification of income date", "nested": [], "links": [ { "text": "20 U.S.C. 1091(q)", "legal-doc": "usc", "parsable-cite": "usc/20/1091" }, { "text": "section 6103(l)(13)", "legal-doc": "usc", "parsable-cite": "usc/26/6103" } ] }, { "text": "(d) Pell grant eligibility provision \nSection 484 is amended by adding at the end the following new subsection: (s) Pell grant eligibility provision \nA student who does not have a certificate of graduation from a school providing secondary education may be eligible for assistance under subpart 1 of Part A of this title for no more than two academic years, if such student— (1) meets all eligibility requirements for such assistance (other than not being enrolled in an elementary or secondary school) and is an academically gifted and talented student, as defined in section 9101 of the Elementary and Secondary Education Act; (2) is in the junior or senior year of secondary school, and has not received any assistance under this title; (3) is selected for participation and is enrolled full-time and resides on campus in a residential college gifted student program for early enrollment, leading to fully transferable college academic credit; (4) does not and will not participate in any secondary school course work during or after such program; and (5) has entered into an agreement that, if the student fails to complete the entirety of the academic program for which assistance under subpart 1 of Part A of this title was received, or participates in secondary school course work after participating in such program, the student will repay all funds received under such subpart pursuant to this subsection to the Federal Government in accordance with regulations promulgated by the Secretary..", "id": "H9785E3759684468DA65D0489847DFA1F", "header": "Pell grant eligibility provision", "nested": [], "links": [] }, { "text": "(e) Technical amendment \nSection 484(b)(5) is amended by inserting or parent (on behalf of a student) after student.", "id": "H6AC8EB103BF04567AA43B08ECAD67CD3", "header": "Technical amendment", "nested": [], "links": [] } ], "links": [ { "text": "20 U.S.C. 1091(r)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1091" }, { "text": "20 U.S.C. 1091(j)", "legal-doc": "usc", "parsable-cite": "usc/20/1091" }, { "text": "20 U.S.C. 1091(q)", "legal-doc": "usc", "parsable-cite": "usc/20/1091" }, { "text": "section 6103(l)(13)", "legal-doc": "usc", "parsable-cite": "usc/26/6103" } ] }, { "text": "485. Institutional refunds \nSection 484B ( 20 U.S.C. 1091b ) is amended— (1) in subsection (a)(1), by inserting subpart 4 of part A or after received under ; (2) in subsection (a)(2), by striking takes a leave and by inserting takes one or more leaves ; (3) in subsection (a)(3)(B)(ii), by inserting (as determined in accordance with subsection (d)) after student has completed ; (4) in subsection (a)(4), by amending subparagraph (A) to read as follows: (A) In general \nAfter determining the eligibility of the student for a late disbursement or post-withdrawal disbursement (as required in regulations prescribed by the Secretary), the institution of higher education shall contact the borrower and obtain confirmation that the loan funds are still required by the borrower. In making such contact, the institution shall explain to the borrower the borrower’s obligation to repay the funds following any such disbursement. The institution shall document in the borrower’s file the result of such contact and the final determination made concerning such disbursement.. (5) in subsection (b)(1), by inserting no later than 45 days from the determination of withdrawal after return ; (6) in subsection (b)(2), by amending subparagraph (C) to read as follows: (C) Grant overpayment requirements \n(i) In General \nNotwithstanding subparagraphs (A) and (B), a student shall only be required to return grant assistance in the amount (if any) by which— (I) the amount to be returned by the student (as determined under subparagraphs (A) and (B)), exceeds (II) 50 percent of the total grant assistance received by the student under this title for the payment period or period of enrollment. (ii) Minimum \nA student shall not be required to return amounts of $50 or less. ; and (7) in subsection (d), by striking (a)(3)(B)(i) and inserting (a)(3)(B).", "id": "H4DAD424B0A6E47CF914CBA00E77C677", "header": "Institutional refunds", "nested": [], "links": [ { "text": "20 U.S.C. 1091b", "legal-doc": "usc", "parsable-cite": "usc/20/1091b" } ] }, { "text": "486. Institutional and financial assistance information for students \n(a) Information dissemination activities \nSection 485(a)(1) ( 20 U.S.C. 1092(a)(1) ) is amended— (1) by amending the second sentence to read as follows: The information required by this section shall be produced and be made publicly available to an enrolled student and to any prospective student in a uniform and comprehensible manner, through appropriate publications, mailings, electronic media, and the reports required by the institution’s accrediting agency under section 496(c)(9). ; (2) by amending subparagraph (G) to read as follows: (G) the academic programs of the institution, including— (i) the current degree programs and other educational and training programs; (ii) the institution’s learning objectives for those programs; (iii) the instructional, laboratory, and other physical plant facilities which relate to the academic programs; and (iv) the faculty and other instructional personnel; ; (3) by striking subparagraph (L) and inserting the following: (L) a summary of student outcomes for full-time undergraduate students, including— (i) the completion or graduation rates of certificate- or degree-seeking undergraduate students entering such institutions; (ii) when readily available, information showing the number of undergraduate students that transfer out of the institution; and (iii) any other student outcome data, qualitative or quantitative, including data regarding distance education deemed by the institution to be appropriate to its stated educational mission and goals, and, when applicable, licensing and placement rates for professional and vocational programs; ; (4) by inserting before the semicolon at the end of subparagraph (J) the following: , and the process for students to register complaints with the accrediting agencies or associations ; (5) in subparagraph (M), by striking guaranteed student loans under part B of this title or direct student loans under part E of this title, or both, and inserting student loans under part B, D, or E of this title ; (6) by striking and at the end of subparagraph (N); (7) by striking the period at the end of subparagraph (O) and inserting a semicolon; and (8) by adding at the end the following new subparagraphs: (P) the penalties contained in subsection 484(r) regarding suspension of eligibility for drug related offenses; and (Q) the policies of the institution for accepting transfer of credit, explained in a manner that clearly states the basis for determining the acceptability and applicability of transfer of credits.. (b) Additional amendments \nSection 485(a) is further amended by striking paragraph (6) and inserting the following: (6) Each institution may provide supplemental information to enrolled and prospective students showing the completion or graduation rate for students described in paragraph (4). For the purpose of this paragraph, the definitions provided in the Integrated Postsecondary Education Data System shall apply. (7) Each eligible institution participating in any program under this title may publicly report to currently enrolled and prospective students the voluntary information collected by the National Survey of Student Engagement (NSSE), the Community College Survey of Student Engagement (CCSSE), or other instruments that provide evidence of student participation in educationally purposeful activities. The information shall be produced and made available in a uniform and comprehensible manner, through appropriate publications, mailings, and electronic media, and may be included in reports required by the institution's accrediting agency.. (c) Exit counseling \nSection 485(b) ( 20 U.S.C. 1092(b) ) is amended by adding at the end the following new paragraph: (3) Each eligible institution shall, during the exit interview required by this subsection, provide to a borrower of a loan made under part B, D, or E a clear and conspicuous notice describing the effect of using a consolidation loan to discharge the borrower’s student loans, including— (A) the effects of consolidation on total interest to be paid, fees to be paid, and length of repayment; (B) the effects of consolidation on a borrower’s underlying loan benefits, including loan forgiveness, cancellation, and deferment; (C) the ability for the borrower to prepay the loan, pay on a shorter schedule, and to change repayment plans, and that borrower benefit programs may vary among different loan holders; (D) the tax benefits for which the borrower may be eligible; and (E) the consequences of default.. (d) Campus crime information \nSection 485(f)(1) ( 20 U.S.C. 1092(f)(1) ) is amended by inserting , other than a foreign institution of higher education, after under this title. (e) Transfer of credit policies \nSection 485 is further amended by adding at the end the following new subsection: (h) Transfer of credit policies \n(1) Disclosure \nEach eligible institution participating in any program under this title shall publicly disclose in a readable and comprehensible manner its transfer of credit policies which shall include: (A) A statement of the institution's current transfer of credit policies that includes at least— (i) a statement that transfer of credit shall not be denied solely on the basis of the agency or association that accredited such other eligible institution, if that agency or association is recognized by the Secretary pursuant to section 496 to be a reliable authority as to the quality of the education or training offered; and (ii) a statement that transfer of credit shall be decided on the basis of whether the courses or program are determined by the institution to be acceptable for credit in accordance with objective criteria that the institution publicly discloses and the student completed such courses or programs at the institution's required level of proficiency. (B) Statistics concerning the annual, as well as a 3-year rolling average, rate of the percentage of credits accepted in transfer and fully counted toward the degree or certificate completion requirements of undergraduate students. Such data shall be disaggregated to report on the following categories of institutions from which credits were accepted in transfer: (i) nationally accredited; (ii) regionally accredited in the same State; (iii) regionally accredited in the same region; and (iv) regionally accredited in a different region. (2) Rule of construction \nNothing in this subsection shall be construed to— (A) authorize an officer or employee of the Department to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any institution of higher education, or over any accrediting agency or association; (B) limit the application of the General Education Provisions Act; or (C) create any legally enforceable right..", "id": "H4D023651EF214BB300A9318D876DE889", "header": "Institutional and financial assistance information for students", "nested": [ { "text": "(a) Information dissemination activities \nSection 485(a)(1) ( 20 U.S.C. 1092(a)(1) ) is amended— (1) by amending the second sentence to read as follows: The information required by this section shall be produced and be made publicly available to an enrolled student and to any prospective student in a uniform and comprehensible manner, through appropriate publications, mailings, electronic media, and the reports required by the institution’s accrediting agency under section 496(c)(9). ; (2) by amending subparagraph (G) to read as follows: (G) the academic programs of the institution, including— (i) the current degree programs and other educational and training programs; (ii) the institution’s learning objectives for those programs; (iii) the instructional, laboratory, and other physical plant facilities which relate to the academic programs; and (iv) the faculty and other instructional personnel; ; (3) by striking subparagraph (L) and inserting the following: (L) a summary of student outcomes for full-time undergraduate students, including— (i) the completion or graduation rates of certificate- or degree-seeking undergraduate students entering such institutions; (ii) when readily available, information showing the number of undergraduate students that transfer out of the institution; and (iii) any other student outcome data, qualitative or quantitative, including data regarding distance education deemed by the institution to be appropriate to its stated educational mission and goals, and, when applicable, licensing and placement rates for professional and vocational programs; ; (4) by inserting before the semicolon at the end of subparagraph (J) the following: , and the process for students to register complaints with the accrediting agencies or associations ; (5) in subparagraph (M), by striking guaranteed student loans under part B of this title or direct student loans under part E of this title, or both, and inserting student loans under part B, D, or E of this title ; (6) by striking and at the end of subparagraph (N); (7) by striking the period at the end of subparagraph (O) and inserting a semicolon; and (8) by adding at the end the following new subparagraphs: (P) the penalties contained in subsection 484(r) regarding suspension of eligibility for drug related offenses; and (Q) the policies of the institution for accepting transfer of credit, explained in a manner that clearly states the basis for determining the acceptability and applicability of transfer of credits..", "id": "HBB75EFBE52CD462DB601A8A6F0367F00", "header": "Information dissemination activities", "nested": [], "links": [ { "text": "20 U.S.C. 1092(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1092" } ] }, { "text": "(b) Additional amendments \nSection 485(a) is further amended by striking paragraph (6) and inserting the following: (6) Each institution may provide supplemental information to enrolled and prospective students showing the completion or graduation rate for students described in paragraph (4). For the purpose of this paragraph, the definitions provided in the Integrated Postsecondary Education Data System shall apply. (7) Each eligible institution participating in any program under this title may publicly report to currently enrolled and prospective students the voluntary information collected by the National Survey of Student Engagement (NSSE), the Community College Survey of Student Engagement (CCSSE), or other instruments that provide evidence of student participation in educationally purposeful activities. The information shall be produced and made available in a uniform and comprehensible manner, through appropriate publications, mailings, and electronic media, and may be included in reports required by the institution's accrediting agency..", "id": "HA9F1DA961E634AD193019070064199C1", "header": "Additional amendments", "nested": [], "links": [] }, { "text": "(c) Exit counseling \nSection 485(b) ( 20 U.S.C. 1092(b) ) is amended by adding at the end the following new paragraph: (3) Each eligible institution shall, during the exit interview required by this subsection, provide to a borrower of a loan made under part B, D, or E a clear and conspicuous notice describing the effect of using a consolidation loan to discharge the borrower’s student loans, including— (A) the effects of consolidation on total interest to be paid, fees to be paid, and length of repayment; (B) the effects of consolidation on a borrower’s underlying loan benefits, including loan forgiveness, cancellation, and deferment; (C) the ability for the borrower to prepay the loan, pay on a shorter schedule, and to change repayment plans, and that borrower benefit programs may vary among different loan holders; (D) the tax benefits for which the borrower may be eligible; and (E) the consequences of default..", "id": "H0C5BAD4EF9C446819F8242111470E900", "header": "Exit counseling", "nested": [], "links": [ { "text": "20 U.S.C. 1092(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1092" } ] }, { "text": "(d) Campus crime information \nSection 485(f)(1) ( 20 U.S.C. 1092(f)(1) ) is amended by inserting , other than a foreign institution of higher education, after under this title.", "id": "HDAB0CCAFB4D5427695B5DFD3A380009C", "header": "Campus crime information", "nested": [], "links": [ { "text": "20 U.S.C. 1092(f)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1092" } ] }, { "text": "(e) Transfer of credit policies \nSection 485 is further amended by adding at the end the following new subsection: (h) Transfer of credit policies \n(1) Disclosure \nEach eligible institution participating in any program under this title shall publicly disclose in a readable and comprehensible manner its transfer of credit policies which shall include: (A) A statement of the institution's current transfer of credit policies that includes at least— (i) a statement that transfer of credit shall not be denied solely on the basis of the agency or association that accredited such other eligible institution, if that agency or association is recognized by the Secretary pursuant to section 496 to be a reliable authority as to the quality of the education or training offered; and (ii) a statement that transfer of credit shall be decided on the basis of whether the courses or program are determined by the institution to be acceptable for credit in accordance with objective criteria that the institution publicly discloses and the student completed such courses or programs at the institution's required level of proficiency. (B) Statistics concerning the annual, as well as a 3-year rolling average, rate of the percentage of credits accepted in transfer and fully counted toward the degree or certificate completion requirements of undergraduate students. Such data shall be disaggregated to report on the following categories of institutions from which credits were accepted in transfer: (i) nationally accredited; (ii) regionally accredited in the same State; (iii) regionally accredited in the same region; and (iv) regionally accredited in a different region. (2) Rule of construction \nNothing in this subsection shall be construed to— (A) authorize an officer or employee of the Department to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any institution of higher education, or over any accrediting agency or association; (B) limit the application of the General Education Provisions Act; or (C) create any legally enforceable right..", "id": "H3B6B557A4EC542AAA593AC959E1C5E06", "header": "Transfer of credit policies", "nested": [], "links": [] } ], "links": [ { "text": "20 U.S.C. 1092(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1092" }, { "text": "20 U.S.C. 1092(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1092" }, { "text": "20 U.S.C. 1092(f)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1092" } ] }, { "text": "487. College access initiative \nPart G is further amended by inserting after section 485C ( 20 U.S.C. 1092c ) the following new section: 485D. College access initiative \n(a) State-by-state information \nThe Secretary shall direct each guaranty agency with which the Secretary has an agreement under section 428(c) to provide to the Secretary the information necessary for the development of web links and access for students and families to a comprehensive listing of the postsecondary education opportunities programs, publications, Internet Web sites, and other services available in the States for which such agency serves as the designated guarantor. (b) Guaranty agency activities \n(1) Plan and activity required \nEach guaranty agency with which the Secretary has an agreement under section 428(c) shall develop a plan and undertake the activity necessary to gather the information required under subsection (a) and to make such information available to the public and to the Secretary in a form and manner as prescribed by the Secretary. (2) Activities \nEach guaranty agency shall undertake such activities as are necessary to promote access to postsecondary education for students through providing information on college planning, career preparation, and paying for college. The guaranty agency shall publicize such information and coordinate such activities with other entities that either provide or distribute such information in the States for which such guaranty agency serves as the designated guarantor. (3) Funding \nThe activities required by this section may be funded from the guaranty agency’s operating account established pursuant to section 422B and to the extent funds remain, from earnings on the restricted account established pursuant to section 422(h)(4). (c) Access to information \n(1) Secretary’s responsibility \nThe Secretary shall ensure the availability of the information provided by the guaranty agencies in accordance with this section to students, parents and other interested individuals, through web links or other methods prescribed by the Secretary. (2) Guaranty agency responsibility \nThe guaranty agencies shall ensure that the information required by this section is available without charge in printed format for students and parents requesting such information. (3) Publicity \nWithin 270 days after the date of enactment of the , the Secretary and guaranty agencies shall publicize the availability of the information required by this section, with special emphasis on ensuring that populations that are traditionally underrepresented in postsecondary education are made aware of the availability of such information..", "id": "H59C04825C74D470800F00985846E9ECE", "header": "College access initiative", "nested": [], "links": [ { "text": "20 U.S.C. 1092c", "legal-doc": "usc", "parsable-cite": "usc/20/1092c" } ] }, { "text": "485D. College access initiative \n(a) State-by-state information \nThe Secretary shall direct each guaranty agency with which the Secretary has an agreement under section 428(c) to provide to the Secretary the information necessary for the development of web links and access for students and families to a comprehensive listing of the postsecondary education opportunities programs, publications, Internet Web sites, and other services available in the States for which such agency serves as the designated guarantor. (b) Guaranty agency activities \n(1) Plan and activity required \nEach guaranty agency with which the Secretary has an agreement under section 428(c) shall develop a plan and undertake the activity necessary to gather the information required under subsection (a) and to make such information available to the public and to the Secretary in a form and manner as prescribed by the Secretary. (2) Activities \nEach guaranty agency shall undertake such activities as are necessary to promote access to postsecondary education for students through providing information on college planning, career preparation, and paying for college. The guaranty agency shall publicize such information and coordinate such activities with other entities that either provide or distribute such information in the States for which such guaranty agency serves as the designated guarantor. (3) Funding \nThe activities required by this section may be funded from the guaranty agency’s operating account established pursuant to section 422B and to the extent funds remain, from earnings on the restricted account established pursuant to section 422(h)(4). (c) Access to information \n(1) Secretary’s responsibility \nThe Secretary shall ensure the availability of the information provided by the guaranty agencies in accordance with this section to students, parents and other interested individuals, through web links or other methods prescribed by the Secretary. (2) Guaranty agency responsibility \nThe guaranty agencies shall ensure that the information required by this section is available without charge in printed format for students and parents requesting such information. (3) Publicity \nWithin 270 days after the date of enactment of the , the Secretary and guaranty agencies shall publicize the availability of the information required by this section, with special emphasis on ensuring that populations that are traditionally underrepresented in postsecondary education are made aware of the availability of such information.", "id": "HFE62503BC16D4058000053C0EADD6655", "header": "College access initiative", "nested": [ { "text": "(a) State-by-state information \nThe Secretary shall direct each guaranty agency with which the Secretary has an agreement under section 428(c) to provide to the Secretary the information necessary for the development of web links and access for students and families to a comprehensive listing of the postsecondary education opportunities programs, publications, Internet Web sites, and other services available in the States for which such agency serves as the designated guarantor.", "id": "HA18F3D6CD5D14FDAB6C00B7A51900ED", "header": "State-by-state information", "nested": [], "links": [] }, { "text": "(b) Guaranty agency activities \n(1) Plan and activity required \nEach guaranty agency with which the Secretary has an agreement under section 428(c) shall develop a plan and undertake the activity necessary to gather the information required under subsection (a) and to make such information available to the public and to the Secretary in a form and manner as prescribed by the Secretary. (2) Activities \nEach guaranty agency shall undertake such activities as are necessary to promote access to postsecondary education for students through providing information on college planning, career preparation, and paying for college. The guaranty agency shall publicize such information and coordinate such activities with other entities that either provide or distribute such information in the States for which such guaranty agency serves as the designated guarantor. (3) Funding \nThe activities required by this section may be funded from the guaranty agency’s operating account established pursuant to section 422B and to the extent funds remain, from earnings on the restricted account established pursuant to section 422(h)(4).", "id": "H5056AC9A43844ED6BE90EC4759020271", "header": "Guaranty agency activities", "nested": [], "links": [] }, { "text": "(c) Access to information \n(1) Secretary’s responsibility \nThe Secretary shall ensure the availability of the information provided by the guaranty agencies in accordance with this section to students, parents and other interested individuals, through web links or other methods prescribed by the Secretary. (2) Guaranty agency responsibility \nThe guaranty agencies shall ensure that the information required by this section is available without charge in printed format for students and parents requesting such information. (3) Publicity \nWithin 270 days after the date of enactment of the , the Secretary and guaranty agencies shall publicize the availability of the information required by this section, with special emphasis on ensuring that populations that are traditionally underrepresented in postsecondary education are made aware of the availability of such information.", "id": "H52509BA040A54F3786A503FE6F24D4DE", "header": "Access to information", "nested": [], "links": [] } ], "links": [] }, { "text": "488. Distance education demonstration program \n(a) Eligible applicants \nSection 486(b)(3) ( 20 U.S.C. 1093(b)(3) ) is amended— (1) in subparagraph (B), by striking section 102(a)(1)(C) and inserting section 102 ; and (2) in subparagraph (C), by striking subsection (a) of section 102, other than the requirement of paragraph (3)(A) or (3)(B) of such subsection, and inserting section 101, other than the requirements of subparagraph (A) or (B) of subsection (b)(4) of such section. (b) Selection \nSection 486(d)(1) ( 20 U.S.C. 1093(d)(1) ) is amended— (1) by striking the third year and inserting subsequent years ; (2) by striking 35 institutions and inserting 100 institutions ; and (3) by adding at the end the following new sentence: Not more than 5 of such institutions, systems, or consortia may be accredited, degree-granting correspondence schools..", "id": "H81F1470382FF41C187CD33F05D092859", "header": "Distance education demonstration program", "nested": [ { "text": "(a) Eligible applicants \nSection 486(b)(3) ( 20 U.S.C. 1093(b)(3) ) is amended— (1) in subparagraph (B), by striking section 102(a)(1)(C) and inserting section 102 ; and (2) in subparagraph (C), by striking subsection (a) of section 102, other than the requirement of paragraph (3)(A) or (3)(B) of such subsection, and inserting section 101, other than the requirements of subparagraph (A) or (B) of subsection (b)(4) of such section.", "id": "H8634D47650A34A6DA37FB9DC86384300", "header": "Eligible applicants", "nested": [], "links": [ { "text": "20 U.S.C. 1093(b)(3)", "legal-doc": "usc", "parsable-cite": "usc/20/1093" } ] }, { "text": "(b) Selection \nSection 486(d)(1) ( 20 U.S.C. 1093(d)(1) ) is amended— (1) by striking the third year and inserting subsequent years ; (2) by striking 35 institutions and inserting 100 institutions ; and (3) by adding at the end the following new sentence: Not more than 5 of such institutions, systems, or consortia may be accredited, degree-granting correspondence schools..", "id": "H1F13F0165220444C94B2D2FD6C54CED", "header": "Selection", "nested": [], "links": [ { "text": "20 U.S.C. 1093(d)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1093" } ] } ], "links": [ { "text": "20 U.S.C. 1093(b)(3)", "legal-doc": "usc", "parsable-cite": "usc/20/1093" }, { "text": "20 U.S.C. 1093(d)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1093" } ] }, { "text": "489. College affordability demonstration program \nPart G of title IV is amended by inserting after section 486 ( 20 U.S.C. 1093 ) the following new section: 486A. College affordability demonstration program \n(a) Purpose \nIt is the purpose of this section— (1) to provide, through a college affordability demonstration program, for increased innovation in the delivery of higher education and student financial aid in a manner resulting in reduced costs for students as well as the institution by accelerating degree or program completion, increasing availability of, and access to, distance components of education delivery, and other alternative methodologies; and (2) to help determine— (A) the most effective means of delivering student financial aid as well as quality education; (B) the specific statutory and regulatory requirements that should be altered to provide for more efficient and effective delivery of student financial aid, as well as access to high quality distance education programs, resulting in a student more efficiently completing postsecondary education; and (C) the most effective methods of obtaining and managing institutional resources. (b) Demonstration program authorized \n(1) In general \nIn accordance with the purposes described in subsection (a) and the provisions of subsection (d) , the Secretary is authorized to select not more than 100 institutions of higher education or systems of such institutions for voluntary participation in the College Affordability Demonstration Program in order to enable participating institutions to carry out such purposes by providing programs of postsecondary education, and making available student financial assistance under this title to students enrolled in those programs, in a manner that would not otherwise meet the requirements of this title. (2) Waivers \nThe Secretary is authorized to waive for any institutions of higher education, or any system or consortia of institutions of higher education, selected for participation in the College Affordability Demonstration Program, any requirements of this Act or the regulations thereunder as deemed necessary by the Secretary to meet the purpose described in subsection (a)(1). (3) Eligible applicants \n(A) Eligible institutions \nExcept as provided in subparagraph (B) , only an institution of higher education that is eligible to participate in programs under this title shall be eligible to participate in the demonstration program authorized under this section. (B) Prohibition \nAn institution of higher education described in section 102 shall not be eligible to participate in the demonstration program authorized under this section. (c) Application \n(1) In general \nEach institution or system of institutions desiring to participate in the demonstration program under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. (2) Contents of applications \nEach application for the college affordability demonstration program shall include at least the following: (A) a description of the institution or system of institutions and what quality assurance mechanisms are in place to insure the integrity of the Federal financial aid programs; (B) a description of each regulatory or statutory requirement for which waivers are sought, with a reason for each waiver; (C) a description of the programs being offered and the affected students; (D) a description of the expected outcomes of the program changes proposed, including the estimated reductions in costs both for the institution and for students; (E) a description of any collaborative arrangements with other institutions or organizations to reduce costs; (F) a description of any expected economic impact of participation in the program within the community in which the institution is located; (G) a description of how the institution will reduce the costs of instructional materials, including textbooks; (H) an assurance that the participating institution or system of institutions will offer full cooperation with the ongoing evaluations of the demonstration program provided for in this section; and (I) any other information or assurances the Secretary may require. (d) Selection \nIn selecting institutions to participate in the demonstration program under this section, the Secretary shall take into account— (1) the number and quality of applications received, determined on the basis of the contents required by subsection (c)(2) ; (2) the Department’s capacity to oversee and monitor each institution’s participation; (3) an institution’s— (A) financial responsibility; (B) administrative capability; (C) program or programs being offered via distance education; (D) student completion rates; and (E) student loan default rates; and (4) the participation of a diverse group of institutions with respect to size, mission, and geographic distribution. (e) Notification \nThe Secretary shall make available to the public and to the authorizing committees a list of institutions and systems of institutions selected to participate in the demonstration program authorized by this section. Such notice shall include a listing of the specific statutory and regulatory requirements being waived for each institution or system of institutions and a description of the distance education courses to be offered. (f) Evaluations and Reports \n(1) Evaluation \nThe Secretary shall evaluate the demonstration program authorized under this section on a biennial basis. Such evaluations specifically shall review— (A) the number and types of students participating in the programs offered, including the progress of participating students toward recognized certificates or degrees and the extent to which participation in such programs increased; (B) issues related to student financial assistance for distance education; (C) effective technologies and alternative methodologies for delivering student financial assistance; (D) the extent of the cost savings to the institution, the student, and the Federal Government by virtue of the waivers provided, and an estimate as to future cost savings should the demonstration program continue; (E) the extent to which students saved money by virtue of completing their postsecondary education sooner; (F) the extent to which the institution reduced its tuition and fees and its costs by virtue of participation in the demonstration program; (G) the extent to which any collaborative arrangements with other institutions or organizations have reduced the participating institution’s costs; and (H) the extent to which statutory or regulatory requirements not waived under the demonstration program present difficulties for students or institutions. (2) Policy analysis \nThe Secretary shall review current policies and identify those policies that present impediments to the development and use of distance education and other nontraditional methods of expanding access to education. (3) Reports \nThe Secretary shall provide a report to the authorizing committees on a biennial basis regarding— (A) the demonstration program authorized under this section; (B) the results of the evaluations conducted under paragraph (1) ; (C) the cost savings to the Federal Government by the demonstration program authorized by this section; and (D) recommendations for changes to increase the efficiency and effective delivery of financial aid. (g) Oversight \nIn conducting the demonstration program authorized under this section, the Secretary shall, on a continuing basis— (1) ensure compliance of institutions or systems of institutions with the requirements of this title (other than the sections and regulations that are waived under subsection (b)(2) ); (2) provide technical assistance to institutions in their application to and participation in the demonstration program; (3) monitor fluctuations in the student population enrolled in the participating institutions or systems of institutions; (4) monitor changes in financial assistance provided at the institution; and (5) consult with appropriate accrediting agencies or associations and appropriate State regulatory authorities. (h) Termination of authority \nThe authority of the Secretary under this section shall cease to be effective on October 1, 2010..", "id": "HE134C1B4D4F549D6B300667819600082", "header": "College affordability demonstration program", "nested": [], "links": [ { "text": "20 U.S.C. 1093", "legal-doc": "usc", "parsable-cite": "usc/20/1093" } ] }, { "text": "486A. College affordability demonstration program \n(a) Purpose \nIt is the purpose of this section— (1) to provide, through a college affordability demonstration program, for increased innovation in the delivery of higher education and student financial aid in a manner resulting in reduced costs for students as well as the institution by accelerating degree or program completion, increasing availability of, and access to, distance components of education delivery, and other alternative methodologies; and (2) to help determine— (A) the most effective means of delivering student financial aid as well as quality education; (B) the specific statutory and regulatory requirements that should be altered to provide for more efficient and effective delivery of student financial aid, as well as access to high quality distance education programs, resulting in a student more efficiently completing postsecondary education; and (C) the most effective methods of obtaining and managing institutional resources. (b) Demonstration program authorized \n(1) In general \nIn accordance with the purposes described in subsection (a) and the provisions of subsection (d) , the Secretary is authorized to select not more than 100 institutions of higher education or systems of such institutions for voluntary participation in the College Affordability Demonstration Program in order to enable participating institutions to carry out such purposes by providing programs of postsecondary education, and making available student financial assistance under this title to students enrolled in those programs, in a manner that would not otherwise meet the requirements of this title. (2) Waivers \nThe Secretary is authorized to waive for any institutions of higher education, or any system or consortia of institutions of higher education, selected for participation in the College Affordability Demonstration Program, any requirements of this Act or the regulations thereunder as deemed necessary by the Secretary to meet the purpose described in subsection (a)(1). (3) Eligible applicants \n(A) Eligible institutions \nExcept as provided in subparagraph (B) , only an institution of higher education that is eligible to participate in programs under this title shall be eligible to participate in the demonstration program authorized under this section. (B) Prohibition \nAn institution of higher education described in section 102 shall not be eligible to participate in the demonstration program authorized under this section. (c) Application \n(1) In general \nEach institution or system of institutions desiring to participate in the demonstration program under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. (2) Contents of applications \nEach application for the college affordability demonstration program shall include at least the following: (A) a description of the institution or system of institutions and what quality assurance mechanisms are in place to insure the integrity of the Federal financial aid programs; (B) a description of each regulatory or statutory requirement for which waivers are sought, with a reason for each waiver; (C) a description of the programs being offered and the affected students; (D) a description of the expected outcomes of the program changes proposed, including the estimated reductions in costs both for the institution and for students; (E) a description of any collaborative arrangements with other institutions or organizations to reduce costs; (F) a description of any expected economic impact of participation in the program within the community in which the institution is located; (G) a description of how the institution will reduce the costs of instructional materials, including textbooks; (H) an assurance that the participating institution or system of institutions will offer full cooperation with the ongoing evaluations of the demonstration program provided for in this section; and (I) any other information or assurances the Secretary may require. (d) Selection \nIn selecting institutions to participate in the demonstration program under this section, the Secretary shall take into account— (1) the number and quality of applications received, determined on the basis of the contents required by subsection (c)(2) ; (2) the Department’s capacity to oversee and monitor each institution’s participation; (3) an institution’s— (A) financial responsibility; (B) administrative capability; (C) program or programs being offered via distance education; (D) student completion rates; and (E) student loan default rates; and (4) the participation of a diverse group of institutions with respect to size, mission, and geographic distribution. (e) Notification \nThe Secretary shall make available to the public and to the authorizing committees a list of institutions and systems of institutions selected to participate in the demonstration program authorized by this section. Such notice shall include a listing of the specific statutory and regulatory requirements being waived for each institution or system of institutions and a description of the distance education courses to be offered. (f) Evaluations and Reports \n(1) Evaluation \nThe Secretary shall evaluate the demonstration program authorized under this section on a biennial basis. Such evaluations specifically shall review— (A) the number and types of students participating in the programs offered, including the progress of participating students toward recognized certificates or degrees and the extent to which participation in such programs increased; (B) issues related to student financial assistance for distance education; (C) effective technologies and alternative methodologies for delivering student financial assistance; (D) the extent of the cost savings to the institution, the student, and the Federal Government by virtue of the waivers provided, and an estimate as to future cost savings should the demonstration program continue; (E) the extent to which students saved money by virtue of completing their postsecondary education sooner; (F) the extent to which the institution reduced its tuition and fees and its costs by virtue of participation in the demonstration program; (G) the extent to which any collaborative arrangements with other institutions or organizations have reduced the participating institution’s costs; and (H) the extent to which statutory or regulatory requirements not waived under the demonstration program present difficulties for students or institutions. (2) Policy analysis \nThe Secretary shall review current policies and identify those policies that present impediments to the development and use of distance education and other nontraditional methods of expanding access to education. (3) Reports \nThe Secretary shall provide a report to the authorizing committees on a biennial basis regarding— (A) the demonstration program authorized under this section; (B) the results of the evaluations conducted under paragraph (1) ; (C) the cost savings to the Federal Government by the demonstration program authorized by this section; and (D) recommendations for changes to increase the efficiency and effective delivery of financial aid. (g) Oversight \nIn conducting the demonstration program authorized under this section, the Secretary shall, on a continuing basis— (1) ensure compliance of institutions or systems of institutions with the requirements of this title (other than the sections and regulations that are waived under subsection (b)(2) ); (2) provide technical assistance to institutions in their application to and participation in the demonstration program; (3) monitor fluctuations in the student population enrolled in the participating institutions or systems of institutions; (4) monitor changes in financial assistance provided at the institution; and (5) consult with appropriate accrediting agencies or associations and appropriate State regulatory authorities. (h) Termination of authority \nThe authority of the Secretary under this section shall cease to be effective on October 1, 2010.", "id": "HD30BE7CFB8B74763944FEAEAE7BBE311", "header": "College affordability demonstration program", "nested": [ { "text": "(a) Purpose \nIt is the purpose of this section— (1) to provide, through a college affordability demonstration program, for increased innovation in the delivery of higher education and student financial aid in a manner resulting in reduced costs for students as well as the institution by accelerating degree or program completion, increasing availability of, and access to, distance components of education delivery, and other alternative methodologies; and (2) to help determine— (A) the most effective means of delivering student financial aid as well as quality education; (B) the specific statutory and regulatory requirements that should be altered to provide for more efficient and effective delivery of student financial aid, as well as access to high quality distance education programs, resulting in a student more efficiently completing postsecondary education; and (C) the most effective methods of obtaining and managing institutional resources.", "id": "H1313A5978DE7407CA6AB863F966364A5", "header": "Purpose", "nested": [], "links": [] }, { "text": "(b) Demonstration program authorized \n(1) In general \nIn accordance with the purposes described in subsection (a) and the provisions of subsection (d) , the Secretary is authorized to select not more than 100 institutions of higher education or systems of such institutions for voluntary participation in the College Affordability Demonstration Program in order to enable participating institutions to carry out such purposes by providing programs of postsecondary education, and making available student financial assistance under this title to students enrolled in those programs, in a manner that would not otherwise meet the requirements of this title. (2) Waivers \nThe Secretary is authorized to waive for any institutions of higher education, or any system or consortia of institutions of higher education, selected for participation in the College Affordability Demonstration Program, any requirements of this Act or the regulations thereunder as deemed necessary by the Secretary to meet the purpose described in subsection (a)(1). (3) Eligible applicants \n(A) Eligible institutions \nExcept as provided in subparagraph (B) , only an institution of higher education that is eligible to participate in programs under this title shall be eligible to participate in the demonstration program authorized under this section. (B) Prohibition \nAn institution of higher education described in section 102 shall not be eligible to participate in the demonstration program authorized under this section.", "id": "H8F1EDD4C22604B0C95CE7B93F5C0DC36", "header": "Demonstration program authorized", "nested": [], "links": [] }, { "text": "(c) Application \n(1) In general \nEach institution or system of institutions desiring to participate in the demonstration program under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. (2) Contents of applications \nEach application for the college affordability demonstration program shall include at least the following: (A) a description of the institution or system of institutions and what quality assurance mechanisms are in place to insure the integrity of the Federal financial aid programs; (B) a description of each regulatory or statutory requirement for which waivers are sought, with a reason for each waiver; (C) a description of the programs being offered and the affected students; (D) a description of the expected outcomes of the program changes proposed, including the estimated reductions in costs both for the institution and for students; (E) a description of any collaborative arrangements with other institutions or organizations to reduce costs; (F) a description of any expected economic impact of participation in the program within the community in which the institution is located; (G) a description of how the institution will reduce the costs of instructional materials, including textbooks; (H) an assurance that the participating institution or system of institutions will offer full cooperation with the ongoing evaluations of the demonstration program provided for in this section; and (I) any other information or assurances the Secretary may require.", "id": "HE3829E0B2FDC47FBB669E862F19FC122", "header": "Application", "nested": [], "links": [] }, { "text": "(d) Selection \nIn selecting institutions to participate in the demonstration program under this section, the Secretary shall take into account— (1) the number and quality of applications received, determined on the basis of the contents required by subsection (c)(2) ; (2) the Department’s capacity to oversee and monitor each institution’s participation; (3) an institution’s— (A) financial responsibility; (B) administrative capability; (C) program or programs being offered via distance education; (D) student completion rates; and (E) student loan default rates; and (4) the participation of a diverse group of institutions with respect to size, mission, and geographic distribution.", "id": "H648231F858594B46BAC2C83E2443C00", "header": "Selection", "nested": [], "links": [] }, { "text": "(e) Notification \nThe Secretary shall make available to the public and to the authorizing committees a list of institutions and systems of institutions selected to participate in the demonstration program authorized by this section. Such notice shall include a listing of the specific statutory and regulatory requirements being waived for each institution or system of institutions and a description of the distance education courses to be offered.", "id": "HEEC3E9CE977A4CFCABEB7E571BD68C33", "header": "Notification", "nested": [], "links": [] }, { "text": "(f) Evaluations and Reports \n(1) Evaluation \nThe Secretary shall evaluate the demonstration program authorized under this section on a biennial basis. Such evaluations specifically shall review— (A) the number and types of students participating in the programs offered, including the progress of participating students toward recognized certificates or degrees and the extent to which participation in such programs increased; (B) issues related to student financial assistance for distance education; (C) effective technologies and alternative methodologies for delivering student financial assistance; (D) the extent of the cost savings to the institution, the student, and the Federal Government by virtue of the waivers provided, and an estimate as to future cost savings should the demonstration program continue; (E) the extent to which students saved money by virtue of completing their postsecondary education sooner; (F) the extent to which the institution reduced its tuition and fees and its costs by virtue of participation in the demonstration program; (G) the extent to which any collaborative arrangements with other institutions or organizations have reduced the participating institution’s costs; and (H) the extent to which statutory or regulatory requirements not waived under the demonstration program present difficulties for students or institutions. (2) Policy analysis \nThe Secretary shall review current policies and identify those policies that present impediments to the development and use of distance education and other nontraditional methods of expanding access to education. (3) Reports \nThe Secretary shall provide a report to the authorizing committees on a biennial basis regarding— (A) the demonstration program authorized under this section; (B) the results of the evaluations conducted under paragraph (1) ; (C) the cost savings to the Federal Government by the demonstration program authorized by this section; and (D) recommendations for changes to increase the efficiency and effective delivery of financial aid.", "id": "HDD429B6ED84B4C59BDC4940792BB9D3B", "header": "Evaluations and Reports", "nested": [], "links": [] }, { "text": "(g) Oversight \nIn conducting the demonstration program authorized under this section, the Secretary shall, on a continuing basis— (1) ensure compliance of institutions or systems of institutions with the requirements of this title (other than the sections and regulations that are waived under subsection (b)(2) ); (2) provide technical assistance to institutions in their application to and participation in the demonstration program; (3) monitor fluctuations in the student population enrolled in the participating institutions or systems of institutions; (4) monitor changes in financial assistance provided at the institution; and (5) consult with appropriate accrediting agencies or associations and appropriate State regulatory authorities.", "id": "H8D116104943B4E81B58C23F74DC41310", "header": "Oversight", "nested": [], "links": [] }, { "text": "(h) Termination of authority \nThe authority of the Secretary under this section shall cease to be effective on October 1, 2010.", "id": "HDEEEE8672CA643DA9E1BDC646181EA19", "header": "Termination of authority", "nested": [], "links": [] } ], "links": [] }, { "text": "490. Program participation agreements \n(a) Refund policies \nSection 487(a) ( 20 U.S.C. 1094(a) ) is amended— (1) in paragraph (22), by striking refund policy and inserting policy on the return of title IV funds ; and (2) in paragraph (23)— (A) by moving subparagraph (C) 2 em spaces to the left; and (B) by adding after such subparagraph the following new subparagraph: (D) An institution shall be considered in compliance with the requirements of subparagraph (A) for any student to whom the institution electronically transmits a message containing a voter registration form acceptable for use in the State in which the institution is located, or an Internet address where such a form can be downloaded, provided such information is in an electronic message devoted to voter registration.. (b) Audit requirements \nSection 487(c)(1)(A)(i) ( 20 U.S.C. 1094(c)(1)(A)(i) ) is amended by inserting before the semicolon at the end the following: , except that the Secretary may modify the requirements of this clause with respect to institutions of higher education that are foreign institutions, and may waive such requirements with respect to a foreign institution whose students receive less than $500,000 in loans under this title during the award year preceding the audit period;. (c) Reports on disciplinary proceedings \n(1) Amendment \nSection 487(a) ( 20 U.S.C. 1094(a) ) is amended by adding at the end the following new paragraph: (24) The institution will disclose to the alleged victim of any crime of violence (as that term is defined in section 16 of title 18), or a nonforcible sex offense, the final results of any disciplinary proceeding conducted by such institution against a student who is the alleged perpetrator of such crime or offense with respect to such crime or offense. If the alleged victim of such crime or offense is deceased, the next of kin of such victim shall be treated as the alleged victim for purposes of this paragraph.. (2) Effective date \nThe amendment made by paragraph (1) shall apply with respect to any disciplinary proceeding conducted by such institution on or after one year after the date of enactment of this Act.", "id": "HA93B723CE7CF43409DD7A42800297169", "header": "Program participation agreements", "nested": [ { "text": "(a) Refund policies \nSection 487(a) ( 20 U.S.C. 1094(a) ) is amended— (1) in paragraph (22), by striking refund policy and inserting policy on the return of title IV funds ; and (2) in paragraph (23)— (A) by moving subparagraph (C) 2 em spaces to the left; and (B) by adding after such subparagraph the following new subparagraph: (D) An institution shall be considered in compliance with the requirements of subparagraph (A) for any student to whom the institution electronically transmits a message containing a voter registration form acceptable for use in the State in which the institution is located, or an Internet address where such a form can be downloaded, provided such information is in an electronic message devoted to voter registration..", "id": "H6189CAF377444872ADE25BA904E8D367", "header": "Refund policies", "nested": [], "links": [ { "text": "20 U.S.C. 1094(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1094" } ] }, { "text": "(b) Audit requirements \nSection 487(c)(1)(A)(i) ( 20 U.S.C. 1094(c)(1)(A)(i) ) is amended by inserting before the semicolon at the end the following: , except that the Secretary may modify the requirements of this clause with respect to institutions of higher education that are foreign institutions, and may waive such requirements with respect to a foreign institution whose students receive less than $500,000 in loans under this title during the award year preceding the audit period;.", "id": "H8B43C7E4F72449EDB7B78B5913BDE700", "header": "Audit requirements", "nested": [], "links": [ { "text": "20 U.S.C. 1094(c)(1)(A)(i)", "legal-doc": "usc", "parsable-cite": "usc/20/1094" } ] }, { "text": "(c) Reports on disciplinary proceedings \n(1) Amendment \nSection 487(a) ( 20 U.S.C. 1094(a) ) is amended by adding at the end the following new paragraph: (24) The institution will disclose to the alleged victim of any crime of violence (as that term is defined in section 16 of title 18), or a nonforcible sex offense, the final results of any disciplinary proceeding conducted by such institution against a student who is the alleged perpetrator of such crime or offense with respect to such crime or offense. If the alleged victim of such crime or offense is deceased, the next of kin of such victim shall be treated as the alleged victim for purposes of this paragraph.. (2) Effective date \nThe amendment made by paragraph (1) shall apply with respect to any disciplinary proceeding conducted by such institution on or after one year after the date of enactment of this Act.", "id": "HB13AB7AC06224B4D9E4EBABD7BC17984", "header": "Reports on disciplinary proceedings", "nested": [], "links": [ { "text": "20 U.S.C. 1094(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1094" }, { "text": "section 16", "legal-doc": "usc", "parsable-cite": "usc/18/16" } ] } ], "links": [ { "text": "20 U.S.C. 1094(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1094" }, { "text": "20 U.S.C. 1094(c)(1)(A)(i)", "legal-doc": "usc", "parsable-cite": "usc/20/1094" }, { "text": "20 U.S.C. 1094(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1094" }, { "text": "section 16", "legal-doc": "usc", "parsable-cite": "usc/18/16" } ] }, { "text": "491. Additional technical and conforming amendments \nPart G is further amended as follows: (1) Section 483(d) ( 20 U.S.C. 1090(d) ) is amended by striking that is authorized under section 685(d)(2)(C) and inserting , or another appropriate provider of technical assistance and information on postsecondary educational services, that is supported under section 685. (2) Section 484 ( 20 U.S.C. 1091 ) is amended— (A) in subsection (a)(4), by striking certification,, and inserting certification, ; (B) in subsection (b)(2)— (i) in the matter preceding subparagraph (A), by striking section 428A and inserting section 428H ; (ii) in subparagraph (A), by inserting and after the semicolon at the end thereof; (iii) in subparagraph (B), by striking ; and and inserting a period; and (iv) by striking subparagraph (C); and (C) in subsection ( l )(1)(B)(i), by striking section 521(4)(C) of the Carl D. Perkins Vocational and Applied Technology Education Act and inserting section 3(3)(C) of the Carl D. Perkins Vocational and Technical Education Act of 1998. (3) Section 485B(a) ( 20 U.S.C. 1092b(a) ) is amended— (A) by redesignating paragraphs (6) through (10) as paragraphs (7) through (11), respectively; (B) by redesignating the paragraph (5) (as added by section 2008 of Public Law 101–239 ) as paragraph (6); and (C) in paragraph (5) (as added by section 204(3) of the National Community Service Act of 1990 ( Public Law 101–610 ))— (i) by striking ( 22 U.S.C. 2501 et seq. )), and inserting ( 22 U.S.C. 2501 et seq. ), ; and (ii) by striking the period at the end thereof and inserting a semicolon. (4) Section 491(c) ( 20 U.S.C. 1098(c) ) is amended by adding at the end the following new paragraph: (3) The appointment of members under subparagraphs (A) and (B) of paragraph (1) shall be effective upon publication of the appointment in the Congressional Record.. (5) Section 491(k) ( 20 U.S.C. 1098(k) ) is amended by striking 2004 and inserting 2011. (6) Section 493A ( 20 U.S.C. 1098c ) is repealed. (7) Section 498 ( 20 U.S.C. 1099c ) is amended— (A) in subsection (c)(2), by striking for profit, and inserting for-profit, ; and (B) in subsection (d)(1)(B), by inserting and after the semicolon at the end thereof.", "id": "HA8AF3AFBD6CA41FAB06465FA70002F1E", "header": "Additional technical and conforming amendments", "nested": [], "links": [ { "text": "20 U.S.C. 1090(d)", "legal-doc": "usc", "parsable-cite": "usc/20/1090" }, { "text": "20 U.S.C. 1091", "legal-doc": "usc", "parsable-cite": "usc/20/1091" }, { "text": "20 U.S.C. 1092b(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1092b" }, { "text": "Public Law 101–239", "legal-doc": "public-law", "parsable-cite": "pl/101/239" }, { "text": "Public Law 101–610", "legal-doc": "public-law", "parsable-cite": "pl/101/610" }, { "text": "22 U.S.C. 2501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/2501" }, { "text": "22 U.S.C. 2501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/2501" }, { "text": "20 U.S.C. 1098(c)", "legal-doc": "usc", "parsable-cite": "usc/20/1098" }, { "text": "20 U.S.C. 1098(k)", "legal-doc": "usc", "parsable-cite": "usc/20/1098" }, { "text": "20 U.S.C. 1098c", "legal-doc": "usc", "parsable-cite": "usc/20/1098c" }, { "text": "20 U.S.C. 1099c", "legal-doc": "usc", "parsable-cite": "usc/20/1099c" } ] }, { "text": "495. Accreditation \n(a) Standards for accreditation \nSection 496(a) ( 20 U.S.C. 1099b(a) ) is amended— (1) in paragraph (3)— (A) by inserting or after the semicolon at the end of subparagraph (A); (B) by striking subparagraph (B); and (C) by redesignating subparagraph (C) as subparagraph (B); (2) in paragraph (4)— (A) by inserting (A) after (4) ; (B) by inserting and after the semicolon at the end thereof; and (C) by adding at the end the following new subparagraph: (B) if such agency or association already has or seeks to include within its scope of recognition the evaluation of the quality of institutions or programs offering distance education, such agency or association shall, in addition to meeting the other requirements of this subpart— (i) demonstrate to the Secretary that, through application of its standards, procedures, and policies, particularly those required under paragraph (5) of this subsection, the agency or association determines that the quality of instruction and student support services for distance education is comparable to that provided by the institution in its classrooms and on its campuses (or if distance education is the only mode of delivery used by the institution, comparable to the quality of instruction and student support services provided in campus settings); and (ii) evaluate how an institution offering distance education ensures the integrity of student participation in its distance education programs;. (D) by inserting after standards the following: (including standards to assess the quality of distance education that are comparable to the standards used for face-to-face classroom instruction) ; (3) in paragraph (5)— (A) by amending subparagraph (A) to read as follows: (A) success with respect to student achievement in relation to the institution's mission, including, as appropriate, consideration of student academic achievement as determined by the institution (in accordance with standards of the accrediting agency or association) related to each institution’s articulation of desired learning outcomes, retention, course and program completion, State licensing examinations, and job placement rates; and other student performance data selected by the institution, particularly data used by the institution to evaluate or strengthen its educational programs, and including thresholds for course completion and job placement rates if the institution offers certificate-granting vocation or technical programs; ; (B) in subparagraph (E), by striking fiscal and administrative capacity and inserting fiscal, administrative, and governance capacity ; and (C) by amending subparagraph (I) to read as follows: (I) record of student complaints received by the agency or association, including those resulting from the process described in section 485(a)(1)(J); and ; (4) by striking and at the end of paragraph (7); and (5) by striking paragraph (8) and inserting the following: (8) such agency or association shall make available to the public, and submit to the Secretary, for use in consumer information programs, a summary of agency or association actions, including— (A) the award of accreditation or reaccreditation of an institution and any findings made in connection with the accreditation or reaccreditation; (B) final denial, withdrawal, suspension, or termination of accreditation, or placement on probation of an institution; (C) any other adverse action taken with respect to an institution; (D) a list of the individuals who comprise the inspection and review teams for each agency or association, including each individual’s name, agency affiliation, and relevant professional experience; (E) a description of the agency’s or association’s process for selecting, training, and evaluating such individuals; and (F) the agency’s or association’s code of conduct for its commissioners and such individuals; and (9) such agency or association shall— (A) review, during its onsite comprehensive review, the transfer of credit policies of programs and institutions under its accreditation; and (B) not adopt or apply standards, policies, or practices that restrict or deny the transfer of credits earned by a student completing courses or programs at other eligible institutions of higher education solely on the basis of the agency or association that accredited such other eligible institution if that agency or association— (i) is recognized by the Secretary pursuant to this section to be a reliable authority as to the quality of the education or training offered; and (ii) is currently listed by the Secretary pursuant to section 101(c).. (b) Operating procedures \nSection 496(c) ( 20 U.S.C. 1099b(c) ) is amended— (1) by inserting (including those regarding distance education), and have several years of related experience before the semicolon at the end of paragraph (1); (2) by striking and at the end of paragraph (5); (3) by striking the period at the end of paragraph (6) and inserting a semicolon; and (4) by inserting after paragraph (6) the following new paragraphs: (7) ensures that its onsite comprehensive reviews for accreditation or reaccreditation include evaluation of the substance of the information required in subparagraphs (G) and (H) of section 485(a)(1); (8) confirms as a part of its review for accreditation or reaccreditation that the institution has transfer policies that are publicly disclosed and consistently applied; (9) develops as required in subsection (a)(8) , a summary available to the public of the agency’s action and the significant findings related to that action; (10) includes, in its evaluation for accreditation or reaccreditation, review of the transfer of credit policies of the program or institution to assure that transfer policies do not deny transfer of credit based solely on the accreditation of the sending program or institution, except that nothing in this review shall restrict the right of the receiving program or institution to determine, on any other basis or on a combination of that basis together with other bases, the credits the receiving program or institution will accept for transfer; and (11) monitors the growth of distance education programs, evaluating, as appropriate, the development and management of such programs at institutions that are experiencing significant growth in distance education.. (c) Limitation, suspension, and termination of recognition \nSection 496( l ) is amended by adding at the end the following new paragraph: (3) The Secretary shall provide an annual report to Congress on the status of any agency or association for which the Secretary has limited, suspended or terminated recognition under this subsection.. (d) College consumer profile \nSection 496 is further amended— (1) by redesignating subsection (o) as subsection (p); and (2) by inserting after subsection (n): (o) College consumer profile \n(1) Information dissemination \nNo accrediting agency or association shall be recognized by the Secretary as a reliable authority as to the quality of the education or training offered by an institution seeking to participate in the programs authorized under this title, unless the agency ensures each institution subject to its jurisdiction makes publicly available in a uniform and comprehensible manner, a college consumer profile including, at minimum, information on the institution’s— (A) mission; (B) student demographics; (C) accreditation; (D) faculty/student ratios; (E) faculty qualifications, including the number of faculty with terminal degrees; (F) tuition, fees, and other costs of attending the institution; (G) student services, including services for students with disabilities; (H) policies and procedures for evaluating and accepting credits earned by students transferring from other institutions and the percentage of such credits accepted; (I) completion and graduation rates; and (J) placement rates and other measures of success in preparing students for entry into or advancement in the workforce. (2) Publication of college consumer profile \nThe contents of the college consumer profile required by paragraph (1) shall be made public through dissemination via the Secretary’s data collection and dissemination system. The information required to be disclosed by section 485 may be used by the institution to provide (where applicable) the contents of the college consumer profile, but nothing in this subsection shall be construed to relieve the institution of any information disclosure requirement of such section..", "id": "H24ECDF0E59F046EF9BDD34A75959B5C5", "header": "Accreditation", "nested": [ { "text": "(a) Standards for accreditation \nSection 496(a) ( 20 U.S.C. 1099b(a) ) is amended— (1) in paragraph (3)— (A) by inserting or after the semicolon at the end of subparagraph (A); (B) by striking subparagraph (B); and (C) by redesignating subparagraph (C) as subparagraph (B); (2) in paragraph (4)— (A) by inserting (A) after (4) ; (B) by inserting and after the semicolon at the end thereof; and (C) by adding at the end the following new subparagraph: (B) if such agency or association already has or seeks to include within its scope of recognition the evaluation of the quality of institutions or programs offering distance education, such agency or association shall, in addition to meeting the other requirements of this subpart— (i) demonstrate to the Secretary that, through application of its standards, procedures, and policies, particularly those required under paragraph (5) of this subsection, the agency or association determines that the quality of instruction and student support services for distance education is comparable to that provided by the institution in its classrooms and on its campuses (or if distance education is the only mode of delivery used by the institution, comparable to the quality of instruction and student support services provided in campus settings); and (ii) evaluate how an institution offering distance education ensures the integrity of student participation in its distance education programs;. (D) by inserting after standards the following: (including standards to assess the quality of distance education that are comparable to the standards used for face-to-face classroom instruction) ; (3) in paragraph (5)— (A) by amending subparagraph (A) to read as follows: (A) success with respect to student achievement in relation to the institution's mission, including, as appropriate, consideration of student academic achievement as determined by the institution (in accordance with standards of the accrediting agency or association) related to each institution’s articulation of desired learning outcomes, retention, course and program completion, State licensing examinations, and job placement rates; and other student performance data selected by the institution, particularly data used by the institution to evaluate or strengthen its educational programs, and including thresholds for course completion and job placement rates if the institution offers certificate-granting vocation or technical programs; ; (B) in subparagraph (E), by striking fiscal and administrative capacity and inserting fiscal, administrative, and governance capacity ; and (C) by amending subparagraph (I) to read as follows: (I) record of student complaints received by the agency or association, including those resulting from the process described in section 485(a)(1)(J); and ; (4) by striking and at the end of paragraph (7); and (5) by striking paragraph (8) and inserting the following: (8) such agency or association shall make available to the public, and submit to the Secretary, for use in consumer information programs, a summary of agency or association actions, including— (A) the award of accreditation or reaccreditation of an institution and any findings made in connection with the accreditation or reaccreditation; (B) final denial, withdrawal, suspension, or termination of accreditation, or placement on probation of an institution; (C) any other adverse action taken with respect to an institution; (D) a list of the individuals who comprise the inspection and review teams for each agency or association, including each individual’s name, agency affiliation, and relevant professional experience; (E) a description of the agency’s or association’s process for selecting, training, and evaluating such individuals; and (F) the agency’s or association’s code of conduct for its commissioners and such individuals; and (9) such agency or association shall— (A) review, during its onsite comprehensive review, the transfer of credit policies of programs and institutions under its accreditation; and (B) not adopt or apply standards, policies, or practices that restrict or deny the transfer of credits earned by a student completing courses or programs at other eligible institutions of higher education solely on the basis of the agency or association that accredited such other eligible institution if that agency or association— (i) is recognized by the Secretary pursuant to this section to be a reliable authority as to the quality of the education or training offered; and (ii) is currently listed by the Secretary pursuant to section 101(c)..", "id": "HE07154B7F0684E0B958E00102FCED0CE", "header": "Standards for accreditation", "nested": [], "links": [ { "text": "20 U.S.C. 1099b(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1099b" } ] }, { "text": "(b) Operating procedures \nSection 496(c) ( 20 U.S.C. 1099b(c) ) is amended— (1) by inserting (including those regarding distance education), and have several years of related experience before the semicolon at the end of paragraph (1); (2) by striking and at the end of paragraph (5); (3) by striking the period at the end of paragraph (6) and inserting a semicolon; and (4) by inserting after paragraph (6) the following new paragraphs: (7) ensures that its onsite comprehensive reviews for accreditation or reaccreditation include evaluation of the substance of the information required in subparagraphs (G) and (H) of section 485(a)(1); (8) confirms as a part of its review for accreditation or reaccreditation that the institution has transfer policies that are publicly disclosed and consistently applied; (9) develops as required in subsection (a)(8) , a summary available to the public of the agency’s action and the significant findings related to that action; (10) includes, in its evaluation for accreditation or reaccreditation, review of the transfer of credit policies of the program or institution to assure that transfer policies do not deny transfer of credit based solely on the accreditation of the sending program or institution, except that nothing in this review shall restrict the right of the receiving program or institution to determine, on any other basis or on a combination of that basis together with other bases, the credits the receiving program or institution will accept for transfer; and (11) monitors the growth of distance education programs, evaluating, as appropriate, the development and management of such programs at institutions that are experiencing significant growth in distance education..", "id": "HA97ED051969F44820089FCE6BA461193", "header": "Operating procedures", "nested": [], "links": [ { "text": "20 U.S.C. 1099b(c)", "legal-doc": "usc", "parsable-cite": "usc/20/1099b" } ] }, { "text": "(c) Limitation, suspension, and termination of recognition \nSection 496( l ) is amended by adding at the end the following new paragraph: (3) The Secretary shall provide an annual report to Congress on the status of any agency or association for which the Secretary has limited, suspended or terminated recognition under this subsection..", "id": "H8352D037ECDB4EE59EEEF2F2E06D18C", "header": "Limitation, suspension, and termination of recognition", "nested": [], "links": [] }, { "text": "(d) College consumer profile \nSection 496 is further amended— (1) by redesignating subsection (o) as subsection (p); and (2) by inserting after subsection (n): (o) College consumer profile \n(1) Information dissemination \nNo accrediting agency or association shall be recognized by the Secretary as a reliable authority as to the quality of the education or training offered by an institution seeking to participate in the programs authorized under this title, unless the agency ensures each institution subject to its jurisdiction makes publicly available in a uniform and comprehensible manner, a college consumer profile including, at minimum, information on the institution’s— (A) mission; (B) student demographics; (C) accreditation; (D) faculty/student ratios; (E) faculty qualifications, including the number of faculty with terminal degrees; (F) tuition, fees, and other costs of attending the institution; (G) student services, including services for students with disabilities; (H) policies and procedures for evaluating and accepting credits earned by students transferring from other institutions and the percentage of such credits accepted; (I) completion and graduation rates; and (J) placement rates and other measures of success in preparing students for entry into or advancement in the workforce. (2) Publication of college consumer profile \nThe contents of the college consumer profile required by paragraph (1) shall be made public through dissemination via the Secretary’s data collection and dissemination system. The information required to be disclosed by section 485 may be used by the institution to provide (where applicable) the contents of the college consumer profile, but nothing in this subsection shall be construed to relieve the institution of any information disclosure requirement of such section..", "id": "H572D85C4715B4D818EF367CBC12288C", "header": "College consumer profile", "nested": [], "links": [] } ], "links": [ { "text": "20 U.S.C. 1099b(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1099b" }, { "text": "20 U.S.C. 1099b(c)", "legal-doc": "usc", "parsable-cite": "usc/20/1099b" } ] }, { "text": "501. Definitional changes \nSection 502(a) ( 20 U.S.C. 1101a(a) ) is amended— (1) in paragraph (5)— (A) by inserting and after the semicolon at the end of subparagraph (A); (B) by inserting at the end of the award year immediately preceding the date of application after Hispanic students in subparagraph (B); (C) by striking ; and at the end of subparagraph (B) and inserting a period; and (D) by striking subparagraph (C); and (2) by striking paragraph (7).", "id": "H0432CEC421C541F186D0A07102E401C", "header": "Definitional changes", "nested": [], "links": [ { "text": "20 U.S.C. 1101a(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1101a" } ] }, { "text": "502. Assurance of enrollment of needy students \nSection 511(c) ( 20 U.S.C. 1103(c) ) is amended— (1) by redesignating paragraphs (8) and (9) as paragraphs (9) and (10), respectively; and (2) by inserting after paragraph (7) the following new paragraph: (8) contain such assurances as the Secretary may require that the institution has an enrollment of needy students as required by section 502(b);.", "id": "H1DBAA055F5904878B09812D2B0C4A1E0", "header": "Assurance of enrollment of needy students", "nested": [], "links": [ { "text": "20 U.S.C. 1103(c)", "legal-doc": "usc", "parsable-cite": "usc/20/1103" } ] }, { "text": "503. Additional amendments \nTitle V is further amended— (1) in section 502(a)(2)(A) ( 20 U.S.C. 1101a(a)(2)(A) ), by redesignating clauses (v) and (vi) as clauses (vi) and (vii), respectively, and inserting after clause (iv) the following new clause: (v) which provides a program of not less than 2 years that is acceptable for full credit toward a bachelor’s degree; and ; (2) in section 503(b) ( 20 U.S.C. 1101b(b) )— (A) by amending paragraph (2) to read as follows: (2) Construction, maintenance, renovation, and improvement in classrooms, libraries, laboratories, and other instructional facilities, including purchase or rental of telecommunications technology equipment or services, and the acquisition of real property adjacent to the campus of the institution on which to construct such facilities. ; (B) by amending paragraph (12) to read as follows: (12) Establishing community outreach programs and collaborative partnerships between Hispanic-serving institutions and local elementary or secondary schools. Such partnerships may include mentoring, tutoring, or other instructional opportunities that will boost student academic achievement and assist elementary and secondary school students in developing the academic skills and the interest to pursue postsecondary education. ; (C) by redesignating paragraphs (5) through (14) as paragraphs (6) through (15), respectively; and (D) by inserting after paragraph (4) the following: (5) Education or counseling services designed to improve the financial literacy and economic literacy of students and, as appropriate, their parents. ; and (3) in section 504(a) ( 20 U.S.C. 1101c(a) )— (A) by striking the following: (a) Award Period \n(1) In general \nThe Secretary and inserting the following: (a) Award period \nThe Secretary ; and (B) by striking paragraph (2).", "id": "H02667D8D4C114EA6A727E18D35B83013", "header": "Additional amendments", "nested": [], "links": [ { "text": "20 U.S.C. 1101a(a)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/20/1101a" }, { "text": "20 U.S.C. 1101b(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1101b" }, { "text": "20 U.S.C. 1101c(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1101c" } ] }, { "text": "504. Title V authorization \nSubsection (a) of section 518 of such Act ( 20 U.S.C. 1103g(a) ) is amended to read as follows: (a) Authorizations of appropriations \nThere are authorized to be appropriated to carry out this title $96,000,000 for fiscal year 2005 and such sums as may be necessary for each of the 5 succeeding fiscal years..", "id": "H2F487EA83DBE43BD862175EBF69BE997", "header": "Title V authorization", "nested": [], "links": [ { "text": "20 U.S.C. 1103g(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1103g" } ] }, { "text": "601. Sense of the House \nIt is the sense of the House of Representatives that title VI of the Higher Education Act of 1965 should be amended as provided in H.R. 3077 as passed by the House of Representatives on October 21, 2003.", "id": "HAB7744E47BDD4194892500976CD7CA63", "header": "Sense of the House", "nested": [], "links": [] }, { "text": "701. Sense of the House \nIt is the sense of the House of Representatives that title VII of the Higher Education Act of 1965 should be amended as provided in H.R. 3076 as passed by the House of Representatives on October 21, 2003.", "id": "H671AC92123074A74AB64F1FB3804BDE", "header": "Sense of the House", "nested": [], "links": [] }, { "text": "801. Clerical amendments \n(a) Definition \nSection 103 ( 20 U.S.C. 1003 ) is amended— (1) by redesignating paragraphs (1) through (16) as paragraphs (2) through (17), respectively; and (2) by inserting before paragraph (2) (as so redesignated) the following new paragraph: (1) Authorizing committees \nThe term authorizing committees means the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives.. (b) Committees \n(1) The following provisions are each amended by striking Committee on Labor and Human Resources of the Senate and the Committee on Education and the Workforce of the House of Representatives and inserting authorizing committees : (A) Section 131(a)(3)(B) ( 20 U.S.C. 1015(a)(3)(B) ). (B) Section 131(c)(4) ( 20 U.S.C. 1015(c)(4) ). (C) Section 206(d) ( 20 U.S.C. 1026(d) ). (D) Section 207(c)(1) ( 20 U.S.C. 1027(c)(1) ). (E) Section 428(g) ( 20 U.S.C. 1078(g) ). (F) Section 428A(a)(4) ( 20 U.S.C. 1078–1(a)(4) ). (G) Section 428A(c)(2) ( 20 U.S.C. 1078–1(c)(2) ). (H) Section 428A(c)(3) ( 20 U.S.C. 1078–1(c)(3) ). (I) Section 428A(c)(5) ( 20 U.S.C. 1078–1(c)(5) ). (J) Section 455(b)(8)(B) ( 20 U.S.C. 1087e(b)(8)(B) ). (K) Section 483(c) ( 20 U.S.C. 1090(c) ). (L) Section 486(e) ( 20 U.S.C. 1093(e) ). (M) Section 486(f)(3)(A) ( 20 U.S.C. 1093(f)(3)(A) ). (N) Section 486(f)(3)(B) ( 20 U.S.C. 1093(f)(3)(B) ). (O) Section 487A(a)(5) ( 20 U.S.C. 1094a(a)(5) ). (P) Section 487A(b)(2) ( 20 U.S.C. 1094a(b)(2) ). (Q) Section 487A(b)(3)(B) ( 20 U.S.C. 1094a(b)(3)(B) ). (R) Section 498B(d)(1) ( 20 U.S.C. 1099c–2(d)(1) ). (S) Section 498B(d)(2) ( 20 U.S.C. 1099c–2(d)(2) ). (2) The following provisions are each amended by striking Committee on Education and the Workforce of the House of Representatives and the Committee on Labor and Human Resources of the Senate and inserting authorizing committees : (A) Section 141(d)(4)(B) ( 20 U.S.C. 1018(d)(4)(B) ). (B) Section 428(n)(4) ( 20 U.S.C. 1078(n)(4) ). (C) Section 485(f)(5)(A) ( 20 U.S.C. 1092(f)(5)(A) ). (D) Section 485(g)(4)(B) ( 20 U.S.C. 1092(g)(4)(B) ). (3) Section 206(a) ( 20 U.S.C. 1026(a) ) is amended by striking , the Committee on Labor and Human Resources of the Senate, and the Committee on Education and the Workforce of the House of Representatives and inserting and the authorizing committees. (4) Section 401(f)(3) ( 20 U.S.C. 1070a(f)(3) ) is amended by striking Committee on Appropriations and the Committee on Labor and Human Resources of the Senate and the Committee on Appropriations and the Committee on Education and the Workforce of the House of Representatives and inserting Committees on Appropriations of the Senate and House of Representatives and the authorizing committees. (5) Section 428(c)(9)(K) ( 20 U.S.C. 1078(c)(9)(K) ) is amended by striking House Committee on Education and the Workforce and the Senate Committee on Labor and Human Resources and inserting authorizing committees. (6) Section 428I(h) ( 20 U.S.C. 1078–9(h) ) is amended by striking Chairman of the Senate Labor and Human Resources Committee and the House Committee on Education and Labor and inserting chairpersons of the authorizing committees. (7) Section 432(f)(1)(C) ( 20 U.S.C. 1082(f)(1)(C) ) is amended by striking Committee on Education and the Workforce of the House of Representatives or the Committee on Labor and Human Resources of the Senate and inserting either of the authorizing committees. (8) Section 439(d)(1)(E)(iii) ( 20 U.S.C. 1087–2(d)(1)(E)(iii) ) is amended by striking Chairman and the Ranking Member on the Committee on Labor and Human Resources of the Senate and the Chairman and the Ranking Member of the Committee on Education and Labor of the House of Representatives and inserting chairpersons and ranking minority members of the authorizing committees. (9) Paragraphs (3) and (8)(C) of section 439(r) ( 20 U.S.C. 1087–2(r) ) are each amended by striking Chairman and ranking minority member of the Committee on Labor and Human Resources of the Senate, the Chairman and ranking minority member of the Committee on Education and Labor of the House of Representatives, and inserting chairpersons and ranking minority members of the authorizing committees. (10) Paragraphs (5)(B) and (10) of section 439(r) ( 20 U.S.C. 1087–2(r) ) are each amended by striking Chairman and ranking minority member of the Senate Committee on Labor and Human Resources and to the Chairman and ranking minority member of the House Committee on Education and Labor and inserting chairpersons and ranking minority members of the authorizing committees. (11) Section 439(r)(6)(B) ( 20 U.S.C. 1087–2(r)(6)(B) ) is amended by striking Chairman and ranking minority member of the Committee on Labor and Human Resources of the Senate and to the Chairman and ranking minority member of the Committee on Education and Labor of the House of Representatives and inserting chairpersons and ranking minority members of the authorizing committees. (12) Section 439(s)(2)(A) ( 20 U.S.C. 1087–2(s)(2)(A) ) is amended by striking Chairman and Ranking Member of the Committee on Labor and Human Resources of the Senate and the Chairman and Ranking Member of the Committee on Economic and Educational Opportunities of the House of Representatives and inserting chairpersons and ranking minority members of the authorizing committees. (13) Section 439(s)(2)(B) ( 20 U.S.C. 1087–2(s)(2)(B) ) is amended by striking Chairman and Ranking Minority Member of the Committee on Labor and Human Resources of the Senate and Chairman and Ranking Minority Member of the Committee on Economic and Educational Opportunities of the House of Representatives and inserting chairpersons and ranking minority members of the authorizing committees. (14) Section 482(d) ( 20 U.S.C. 1089(d) ) is amended by striking Committee on Labor and Human Resources of the Senate and the Committee on Education and Labor of the House of Representatives and inserting authorizing committees. (c) Additional clerical amendments \n(1) Clauses (i) and (ii) of section 425(a)(2)(A) ( 20 U.S.C. 1075(a)(2)(A) ) are each amended by striking 428A or 428B and inserting 428B or 428H. (2) Section 428(a)(2)(E) ( 20 U.S.C. 1078(a)(2)(E) ) is amended by striking 428A or. (3) Clauses (i) and (ii) of section 428(b)(1)(B) ( 20 U.S.C. 1078(b)(1)(B) ) are each amended by striking 428A or 428B and inserting 428B or 428H. (4) Section 428(b)(1)(Q) ( 20 U.S.C. 1078(b)(1)(Q) ) is amended by striking sections 428A and 428B and inserting section 428B or 428H. (5) Section 428(b)(7)(C) ( 20 U.S.C. 1078(b)(7)(C) ) is amended by striking 428A, 428B, and inserting 428B. (6) Section 428G(c)(2) ( 20 U.S.C. 1078–7(c)(2) ) is amended by striking 428A and inserting 428H. (7) The heading for section 433(e) ( 20 U.S.C. 1083(e) ) is amended by striking SLS Loans and. (8) Section 433(e) ( 20 U.S.C. 1083(e) ) is amended by striking 428A, 428B, and inserting 428B. (9) Section 435(a)(3) ( 20 U.S.C. 1085(a)(3) ) is amended— (A) by inserting or at the end of subparagraph (A); (B) by striking subparagraph (B); and (C) by redesignating subparagraph (C) as subparagraph (B). (10) Section 435(d)(1)(G) ( 20 U.S.C. 1085(d)(1)(G) ) is amended by striking 428A(d), 428B(d), 428C, and inserting 428B(d), 428C, 428H,. (11) Section 435(m) ( 20 U.S.C. 1085(m) ) is amended— (A) in paragraph (1)(A), by striking , 428A, ; and (B) in paragraph (2)(D), by striking 428A each place it appears and inserting 428H. (12) Section 438(b)(2)(D) ( 20 U.S.C. 1087–1(b)(2)(D) ) is amended by striking division (i) of this subparagraph and inserting clause (i) of this subparagraph. (13) Section 438(c)(6) ( 20 U.S.C. 1087–1(c)(6) ) is amended— (A) by striking SLS and plus in the heading and inserting Plus ; and (B) by striking 428A or. (14) Section 438(c)(7) ( 20 U.S.C. 1087–1(c)(7) ) is amended by striking 428A or. (15) Nothing in the amendments made by this subsection shall be construed to alter the terms, conditions, and benefits applicable to Federal supplemental loans for students ( SLS loans ) under section 428A as in effect prior to July 1, 1994 ( 20 U.S.C. 1078–1 ).", "id": "H1CAFF11FED794CD2BDD4708BB196EF95", "header": "Clerical amendments", "nested": [ { "text": "(a) Definition \nSection 103 ( 20 U.S.C. 1003 ) is amended— (1) by redesignating paragraphs (1) through (16) as paragraphs (2) through (17), respectively; and (2) by inserting before paragraph (2) (as so redesignated) the following new paragraph: (1) Authorizing committees \nThe term authorizing committees means the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives..", "id": "HDB9546BD8746482983D6FF6111516416", "header": "Definition", "nested": [], "links": [ { "text": "20 U.S.C. 1003", "legal-doc": "usc", "parsable-cite": "usc/20/1003" } ] }, { "text": "(b) Committees \n(1) The following provisions are each amended by striking Committee on Labor and Human Resources of the Senate and the Committee on Education and the Workforce of the House of Representatives and inserting authorizing committees : (A) Section 131(a)(3)(B) ( 20 U.S.C. 1015(a)(3)(B) ). (B) Section 131(c)(4) ( 20 U.S.C. 1015(c)(4) ). (C) Section 206(d) ( 20 U.S.C. 1026(d) ). (D) Section 207(c)(1) ( 20 U.S.C. 1027(c)(1) ). (E) Section 428(g) ( 20 U.S.C. 1078(g) ). (F) Section 428A(a)(4) ( 20 U.S.C. 1078–1(a)(4) ). (G) Section 428A(c)(2) ( 20 U.S.C. 1078–1(c)(2) ). (H) Section 428A(c)(3) ( 20 U.S.C. 1078–1(c)(3) ). (I) Section 428A(c)(5) ( 20 U.S.C. 1078–1(c)(5) ). (J) Section 455(b)(8)(B) ( 20 U.S.C. 1087e(b)(8)(B) ). (K) Section 483(c) ( 20 U.S.C. 1090(c) ). (L) Section 486(e) ( 20 U.S.C. 1093(e) ). (M) Section 486(f)(3)(A) ( 20 U.S.C. 1093(f)(3)(A) ). (N) Section 486(f)(3)(B) ( 20 U.S.C. 1093(f)(3)(B) ). (O) Section 487A(a)(5) ( 20 U.S.C. 1094a(a)(5) ). (P) Section 487A(b)(2) ( 20 U.S.C. 1094a(b)(2) ). (Q) Section 487A(b)(3)(B) ( 20 U.S.C. 1094a(b)(3)(B) ). (R) Section 498B(d)(1) ( 20 U.S.C. 1099c–2(d)(1) ). (S) Section 498B(d)(2) ( 20 U.S.C. 1099c–2(d)(2) ). (2) The following provisions are each amended by striking Committee on Education and the Workforce of the House of Representatives and the Committee on Labor and Human Resources of the Senate and inserting authorizing committees : (A) Section 141(d)(4)(B) ( 20 U.S.C. 1018(d)(4)(B) ). (B) Section 428(n)(4) ( 20 U.S.C. 1078(n)(4) ). (C) Section 485(f)(5)(A) ( 20 U.S.C. 1092(f)(5)(A) ). (D) Section 485(g)(4)(B) ( 20 U.S.C. 1092(g)(4)(B) ). (3) Section 206(a) ( 20 U.S.C. 1026(a) ) is amended by striking , the Committee on Labor and Human Resources of the Senate, and the Committee on Education and the Workforce of the House of Representatives and inserting and the authorizing committees. (4) Section 401(f)(3) ( 20 U.S.C. 1070a(f)(3) ) is amended by striking Committee on Appropriations and the Committee on Labor and Human Resources of the Senate and the Committee on Appropriations and the Committee on Education and the Workforce of the House of Representatives and inserting Committees on Appropriations of the Senate and House of Representatives and the authorizing committees. (5) Section 428(c)(9)(K) ( 20 U.S.C. 1078(c)(9)(K) ) is amended by striking House Committee on Education and the Workforce and the Senate Committee on Labor and Human Resources and inserting authorizing committees. (6) Section 428I(h) ( 20 U.S.C. 1078–9(h) ) is amended by striking Chairman of the Senate Labor and Human Resources Committee and the House Committee on Education and Labor and inserting chairpersons of the authorizing committees. (7) Section 432(f)(1)(C) ( 20 U.S.C. 1082(f)(1)(C) ) is amended by striking Committee on Education and the Workforce of the House of Representatives or the Committee on Labor and Human Resources of the Senate and inserting either of the authorizing committees. (8) Section 439(d)(1)(E)(iii) ( 20 U.S.C. 1087–2(d)(1)(E)(iii) ) is amended by striking Chairman and the Ranking Member on the Committee on Labor and Human Resources of the Senate and the Chairman and the Ranking Member of the Committee on Education and Labor of the House of Representatives and inserting chairpersons and ranking minority members of the authorizing committees. (9) Paragraphs (3) and (8)(C) of section 439(r) ( 20 U.S.C. 1087–2(r) ) are each amended by striking Chairman and ranking minority member of the Committee on Labor and Human Resources of the Senate, the Chairman and ranking minority member of the Committee on Education and Labor of the House of Representatives, and inserting chairpersons and ranking minority members of the authorizing committees. (10) Paragraphs (5)(B) and (10) of section 439(r) ( 20 U.S.C. 1087–2(r) ) are each amended by striking Chairman and ranking minority member of the Senate Committee on Labor and Human Resources and to the Chairman and ranking minority member of the House Committee on Education and Labor and inserting chairpersons and ranking minority members of the authorizing committees. (11) Section 439(r)(6)(B) ( 20 U.S.C. 1087–2(r)(6)(B) ) is amended by striking Chairman and ranking minority member of the Committee on Labor and Human Resources of the Senate and to the Chairman and ranking minority member of the Committee on Education and Labor of the House of Representatives and inserting chairpersons and ranking minority members of the authorizing committees. (12) Section 439(s)(2)(A) ( 20 U.S.C. 1087–2(s)(2)(A) ) is amended by striking Chairman and Ranking Member of the Committee on Labor and Human Resources of the Senate and the Chairman and Ranking Member of the Committee on Economic and Educational Opportunities of the House of Representatives and inserting chairpersons and ranking minority members of the authorizing committees. (13) Section 439(s)(2)(B) ( 20 U.S.C. 1087–2(s)(2)(B) ) is amended by striking Chairman and Ranking Minority Member of the Committee on Labor and Human Resources of the Senate and Chairman and Ranking Minority Member of the Committee on Economic and Educational Opportunities of the House of Representatives and inserting chairpersons and ranking minority members of the authorizing committees. (14) Section 482(d) ( 20 U.S.C. 1089(d) ) is amended by striking Committee on Labor and Human Resources of the Senate and the Committee on Education and Labor of the House of Representatives and inserting authorizing committees.", "id": "HB54F38CC0341428DB3B9D4C55936FE08", "header": "Committees", "nested": [], "links": [ { "text": "20 U.S.C. 1015(a)(3)(B)", "legal-doc": "usc", "parsable-cite": "usc/20/1015" }, { "text": "20 U.S.C. 1015(c)(4)", "legal-doc": "usc", "parsable-cite": "usc/20/1015" }, { "text": "20 U.S.C. 1026(d)", "legal-doc": "usc", "parsable-cite": "usc/20/1026" }, { "text": "20 U.S.C. 1027(c)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1027" }, { "text": "20 U.S.C. 1078(g)", "legal-doc": "usc", "parsable-cite": "usc/20/1078" }, { "text": "20 U.S.C. 1078–1(a)(4)", "legal-doc": "usc", "parsable-cite": "usc/20/1078-1" }, { "text": "20 U.S.C. 1078–1(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/20/1078-1" }, { "text": "20 U.S.C. 1078–1(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/20/1078-1" }, { "text": "20 U.S.C. 1078–1(c)(5)", "legal-doc": "usc", "parsable-cite": "usc/20/1078-1" }, { "text": "20 U.S.C. 1087e(b)(8)(B)", "legal-doc": "usc", "parsable-cite": "usc/20/1087e" }, { "text": "20 U.S.C. 1090(c)", "legal-doc": "usc", "parsable-cite": "usc/20/1090" }, { "text": "20 U.S.C. 1093(e)", "legal-doc": "usc", "parsable-cite": "usc/20/1093" }, { "text": "20 U.S.C. 1093(f)(3)(A)", "legal-doc": "usc", "parsable-cite": "usc/20/1093" }, { "text": "20 U.S.C. 1093(f)(3)(B)", "legal-doc": "usc", "parsable-cite": "usc/20/1093" }, { "text": "20 U.S.C. 1094a(a)(5)", "legal-doc": "usc", "parsable-cite": "usc/20/1094a" }, { "text": "20 U.S.C. 1094a(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/20/1094a" }, { "text": "20 U.S.C. 1094a(b)(3)(B)", "legal-doc": "usc", "parsable-cite": "usc/20/1094a" }, { "text": "20 U.S.C. 1099c–2(d)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1099c-2" }, { "text": "20 U.S.C. 1099c–2(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/20/1099c-2" }, { "text": "20 U.S.C. 1018(d)(4)(B)", "legal-doc": "usc", "parsable-cite": "usc/20/1018" }, { "text": "20 U.S.C. 1078(n)(4)", "legal-doc": "usc", "parsable-cite": "usc/20/1078" }, { "text": "20 U.S.C. 1092(f)(5)(A)", "legal-doc": "usc", "parsable-cite": "usc/20/1092" }, { "text": "20 U.S.C. 1092(g)(4)(B)", "legal-doc": "usc", "parsable-cite": "usc/20/1092" }, { "text": "20 U.S.C. 1026(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1026" }, { "text": "20 U.S.C. 1070a(f)(3)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a" }, { "text": "20 U.S.C. 1078(c)(9)(K)", "legal-doc": "usc", "parsable-cite": "usc/20/1078" }, { "text": "20 U.S.C. 1078–9(h)", "legal-doc": "usc", "parsable-cite": "usc/20/1078-9" }, { "text": "20 U.S.C. 1082(f)(1)(C)", "legal-doc": "usc", "parsable-cite": "usc/20/1082" }, { "text": "20 U.S.C. 1087–2(d)(1)(E)(iii)", "legal-doc": "usc", "parsable-cite": "usc/20/1087-2" }, { "text": "20 U.S.C. 1087–2(r)", "legal-doc": "usc", "parsable-cite": "usc/20/1087-2" }, { "text": "20 U.S.C. 1087–2(r)", "legal-doc": "usc", "parsable-cite": "usc/20/1087-2" }, { "text": "20 U.S.C. 1087–2(r)(6)(B)", "legal-doc": "usc", "parsable-cite": "usc/20/1087-2" }, { "text": "20 U.S.C. 1087–2(s)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/20/1087-2" }, { "text": "20 U.S.C. 1087–2(s)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/20/1087-2" }, { "text": "20 U.S.C. 1089(d)", "legal-doc": "usc", "parsable-cite": "usc/20/1089" } ] }, { "text": "(c) Additional clerical amendments \n(1) Clauses (i) and (ii) of section 425(a)(2)(A) ( 20 U.S.C. 1075(a)(2)(A) ) are each amended by striking 428A or 428B and inserting 428B or 428H. (2) Section 428(a)(2)(E) ( 20 U.S.C. 1078(a)(2)(E) ) is amended by striking 428A or. (3) Clauses (i) and (ii) of section 428(b)(1)(B) ( 20 U.S.C. 1078(b)(1)(B) ) are each amended by striking 428A or 428B and inserting 428B or 428H. (4) Section 428(b)(1)(Q) ( 20 U.S.C. 1078(b)(1)(Q) ) is amended by striking sections 428A and 428B and inserting section 428B or 428H. (5) Section 428(b)(7)(C) ( 20 U.S.C. 1078(b)(7)(C) ) is amended by striking 428A, 428B, and inserting 428B. (6) Section 428G(c)(2) ( 20 U.S.C. 1078–7(c)(2) ) is amended by striking 428A and inserting 428H. (7) The heading for section 433(e) ( 20 U.S.C. 1083(e) ) is amended by striking SLS Loans and. (8) Section 433(e) ( 20 U.S.C. 1083(e) ) is amended by striking 428A, 428B, and inserting 428B. (9) Section 435(a)(3) ( 20 U.S.C. 1085(a)(3) ) is amended— (A) by inserting or at the end of subparagraph (A); (B) by striking subparagraph (B); and (C) by redesignating subparagraph (C) as subparagraph (B). (10) Section 435(d)(1)(G) ( 20 U.S.C. 1085(d)(1)(G) ) is amended by striking 428A(d), 428B(d), 428C, and inserting 428B(d), 428C, 428H,. (11) Section 435(m) ( 20 U.S.C. 1085(m) ) is amended— (A) in paragraph (1)(A), by striking , 428A, ; and (B) in paragraph (2)(D), by striking 428A each place it appears and inserting 428H. (12) Section 438(b)(2)(D) ( 20 U.S.C. 1087–1(b)(2)(D) ) is amended by striking division (i) of this subparagraph and inserting clause (i) of this subparagraph. (13) Section 438(c)(6) ( 20 U.S.C. 1087–1(c)(6) ) is amended— (A) by striking SLS and plus in the heading and inserting Plus ; and (B) by striking 428A or. (14) Section 438(c)(7) ( 20 U.S.C. 1087–1(c)(7) ) is amended by striking 428A or. (15) Nothing in the amendments made by this subsection shall be construed to alter the terms, conditions, and benefits applicable to Federal supplemental loans for students ( SLS loans ) under section 428A as in effect prior to July 1, 1994 ( 20 U.S.C. 1078–1 ).", "id": "HED0A7B38ACF74AB0ABEA3800889C098D", "header": "Additional clerical amendments", "nested": [], "links": [ { "text": "20 U.S.C. 1075(a)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/20/1075" }, { "text": "20 U.S.C. 1078(a)(2)(E)", "legal-doc": "usc", "parsable-cite": "usc/20/1078" }, { "text": "20 U.S.C. 1078(b)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/20/1078" }, { "text": "20 U.S.C. 1078(b)(1)(Q)", "legal-doc": "usc", "parsable-cite": "usc/20/1078" }, { "text": "20 U.S.C. 1078(b)(7)(C)", "legal-doc": "usc", "parsable-cite": "usc/20/1078" }, { "text": "20 U.S.C. 1078–7(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/20/1078-7" }, { "text": "20 U.S.C. 1083(e)", "legal-doc": "usc", "parsable-cite": "usc/20/1083" }, { "text": "20 U.S.C. 1083(e)", "legal-doc": "usc", "parsable-cite": "usc/20/1083" }, { "text": "20 U.S.C. 1085(a)(3)", "legal-doc": "usc", "parsable-cite": "usc/20/1085" }, { "text": "20 U.S.C. 1085(d)(1)(G)", "legal-doc": "usc", "parsable-cite": "usc/20/1085" }, { "text": "20 U.S.C. 1085(m)", "legal-doc": "usc", "parsable-cite": "usc/20/1085" }, { "text": "20 U.S.C. 1087–1(b)(2)(D)", "legal-doc": "usc", "parsable-cite": "usc/20/1087-1" }, { "text": "20 U.S.C. 1087–1(c)(6)", "legal-doc": "usc", "parsable-cite": "usc/20/1087-1" }, { "text": "20 U.S.C. 1087–1(c)(7)", "legal-doc": "usc", "parsable-cite": "usc/20/1087-1" }, { "text": "20 U.S.C. 1078–1", "legal-doc": "usc", "parsable-cite": "usc/20/1078-1" } ] } ], "links": [ { "text": "20 U.S.C. 1003", "legal-doc": "usc", "parsable-cite": "usc/20/1003" }, { "text": "20 U.S.C. 1015(a)(3)(B)", "legal-doc": "usc", "parsable-cite": "usc/20/1015" }, { "text": "20 U.S.C. 1015(c)(4)", "legal-doc": "usc", "parsable-cite": "usc/20/1015" }, { "text": "20 U.S.C. 1026(d)", "legal-doc": "usc", "parsable-cite": "usc/20/1026" }, { "text": "20 U.S.C. 1027(c)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1027" }, { "text": "20 U.S.C. 1078(g)", "legal-doc": "usc", "parsable-cite": "usc/20/1078" }, { "text": "20 U.S.C. 1078–1(a)(4)", "legal-doc": "usc", "parsable-cite": "usc/20/1078-1" }, { "text": "20 U.S.C. 1078–1(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/20/1078-1" }, { "text": "20 U.S.C. 1078–1(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/20/1078-1" }, { "text": "20 U.S.C. 1078–1(c)(5)", "legal-doc": "usc", "parsable-cite": "usc/20/1078-1" }, { "text": "20 U.S.C. 1087e(b)(8)(B)", "legal-doc": "usc", "parsable-cite": "usc/20/1087e" }, { "text": "20 U.S.C. 1090(c)", "legal-doc": "usc", "parsable-cite": "usc/20/1090" }, { "text": "20 U.S.C. 1093(e)", "legal-doc": "usc", "parsable-cite": "usc/20/1093" }, { "text": "20 U.S.C. 1093(f)(3)(A)", "legal-doc": "usc", "parsable-cite": "usc/20/1093" }, { "text": "20 U.S.C. 1093(f)(3)(B)", "legal-doc": "usc", "parsable-cite": "usc/20/1093" }, { "text": "20 U.S.C. 1094a(a)(5)", "legal-doc": "usc", "parsable-cite": "usc/20/1094a" }, { "text": "20 U.S.C. 1094a(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/20/1094a" }, { "text": "20 U.S.C. 1094a(b)(3)(B)", "legal-doc": "usc", "parsable-cite": "usc/20/1094a" }, { "text": "20 U.S.C. 1099c–2(d)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1099c-2" }, { "text": "20 U.S.C. 1099c–2(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/20/1099c-2" }, { "text": "20 U.S.C. 1018(d)(4)(B)", "legal-doc": "usc", "parsable-cite": "usc/20/1018" }, { "text": "20 U.S.C. 1078(n)(4)", "legal-doc": "usc", "parsable-cite": "usc/20/1078" }, { "text": "20 U.S.C. 1092(f)(5)(A)", "legal-doc": "usc", "parsable-cite": "usc/20/1092" }, { "text": "20 U.S.C. 1092(g)(4)(B)", "legal-doc": "usc", "parsable-cite": "usc/20/1092" }, { "text": "20 U.S.C. 1026(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1026" }, { "text": "20 U.S.C. 1070a(f)(3)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a" }, { "text": "20 U.S.C. 1078(c)(9)(K)", "legal-doc": "usc", "parsable-cite": "usc/20/1078" }, { "text": "20 U.S.C. 1078–9(h)", "legal-doc": "usc", "parsable-cite": "usc/20/1078-9" }, { "text": "20 U.S.C. 1082(f)(1)(C)", "legal-doc": "usc", "parsable-cite": "usc/20/1082" }, { "text": "20 U.S.C. 1087–2(d)(1)(E)(iii)", "legal-doc": "usc", "parsable-cite": "usc/20/1087-2" }, { "text": "20 U.S.C. 1087–2(r)", "legal-doc": "usc", "parsable-cite": "usc/20/1087-2" }, { "text": "20 U.S.C. 1087–2(r)", "legal-doc": "usc", "parsable-cite": "usc/20/1087-2" }, { "text": "20 U.S.C. 1087–2(r)(6)(B)", "legal-doc": "usc", "parsable-cite": "usc/20/1087-2" }, { "text": "20 U.S.C. 1087–2(s)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/20/1087-2" }, { "text": "20 U.S.C. 1087–2(s)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/20/1087-2" }, { "text": "20 U.S.C. 1089(d)", "legal-doc": "usc", "parsable-cite": "usc/20/1089" }, { "text": "20 U.S.C. 1075(a)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/20/1075" }, { "text": "20 U.S.C. 1078(a)(2)(E)", "legal-doc": "usc", "parsable-cite": "usc/20/1078" }, { "text": "20 U.S.C. 1078(b)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/20/1078" }, { "text": "20 U.S.C. 1078(b)(1)(Q)", "legal-doc": "usc", "parsable-cite": "usc/20/1078" }, { "text": "20 U.S.C. 1078(b)(7)(C)", "legal-doc": "usc", "parsable-cite": "usc/20/1078" }, { "text": "20 U.S.C. 1078–7(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/20/1078-7" }, { "text": "20 U.S.C. 1083(e)", "legal-doc": "usc", "parsable-cite": "usc/20/1083" }, { "text": "20 U.S.C. 1083(e)", "legal-doc": "usc", "parsable-cite": "usc/20/1083" }, { "text": "20 U.S.C. 1085(a)(3)", "legal-doc": "usc", "parsable-cite": "usc/20/1085" }, { "text": "20 U.S.C. 1085(d)(1)(G)", "legal-doc": "usc", "parsable-cite": "usc/20/1085" }, { "text": "20 U.S.C. 1085(m)", "legal-doc": "usc", "parsable-cite": "usc/20/1085" }, { "text": "20 U.S.C. 1087–1(b)(2)(D)", "legal-doc": "usc", "parsable-cite": "usc/20/1087-1" }, { "text": "20 U.S.C. 1087–1(c)(6)", "legal-doc": "usc", "parsable-cite": "usc/20/1087-1" }, { "text": "20 U.S.C. 1087–1(c)(7)", "legal-doc": "usc", "parsable-cite": "usc/20/1087-1" }, { "text": "20 U.S.C. 1078–1", "legal-doc": "usc", "parsable-cite": "usc/20/1078-1" } ] }, { "text": "901. Cancellation of student loan indebtedness for spouses, surviving joint debtors, and parents \n(a) Definitions \nFor purposes of this section: (1) Eligible public servant \nThe term eligible public servant means an individual who— (A) served as a police officer, firefighter, other safety or rescue personnel, or as a member of the Armed Forces; and (B) died (or dies) or became (or becomes) permanently and totally disabled due to injuries suffered in the terrorist attack on September 11, 2001; as determined in accordance with regulations of the Secretary. (2) Eligible victim \nThe term eligible victim means an individual who died (or dies) or became (or becomes) permanently and totally disabled due to injuries suffered in the terrorist attack on September 11, 2001, as determined in accordance with regulations of the Secretary. (3) Eligible parent \nThe term eligible parent means the parent of an eligible victim if— (A) the parent owes a Federal student loan that is a consolidation loan that was used to repay a PLUS loan incurred on behalf of such eligible victim; or (B) the parent owes a Federal student loan that is a PLUS loan incurred on behalf of an eligible victim who became (or becomes) permanently and totally disabled due to injuries suffered in the terrorist attack on September 11, 2001. (4) Secretary \nThe term Secretary means the Secretary of Education. (5) Federal student loan \nThe term Federal student loan means any loan made, insured, or guaranteed under part B, D, or E of title IV of the Higher Education Act of 1965. (b) Relief from indebtedness \n(1) In General \nThe Secretary shall provide for the discharge or cancellation of— (A) the Federal student loan indebtedness of the spouse of an eligible public servant, as determined in accordance with regulations of the Secretary, including any consolidation loan that was used jointly by the eligible public servant and his or her spouse to repay the Federal student loans of the spouse and the eligible public servant; (B) the portion incurred on behalf of the eligible victim (other than an eligible public servant), of a Federal student loan that is a consolidation loan that was used jointly by the eligible victim and his or her spouse, as determined in accordance with regulations of the Secretary, to repay the Federal student loans of the eligible victim and his or her spouse; (C) the portion of the consolidation loan indebtedness of an eligible parent that was incurred on behalf of an eligible victim; and (D) the PLUS loan indebtedness of an eligible parent that was incurred on behalf of an eligible victim. (2) Method of discharge or cancellation \nA loan required to be discharged or canceled under paragraph (1) shall be discharged or canceled by the method used under section 437(a), 455(a)(1), or 464(c)(1)(F) of the Higher Education Act of 1965 ( 20 U.S.C. 1087(a) , 1087e(a)(1), 1087dd(c)(1)(F)), whichever is applicable to such loan. (c) Facilitation of claims \nThe Secretary shall— (1) establish procedures for the filing of applications for discharge or cancellation under this section by regulations that shall be prescribed and published within 90 days after the date of enactment of this Act and without regard to the requirements of section 553 of title 5, United States Code; and (2) take such actions as may be necessary to publicize the availability of discharge or cancellation of Federal student loan indebtedness under this section. (d) Availability of funds for payments \nFunds available for the purposes of making payments to lenders in accordance with section 437(a) for the discharge of indebtedness of deceased or disabled individuals shall be available for making payments under section 437(a) to lenders of loans as required by this section. (e) Applicable to outstanding debt \nThe provisions of this section shall be applied to discharge or cancel only Federal student loans (including consolidation loans) on which amounts were owed on September 11, 2001. Nothing in this section shall be construed to authorize any refunding of any repayment of a loan.", "id": "H2EC8E207DA6F48809DE5BDDDC08DEBD2", "header": "Cancellation of student loan indebtedness for spouses, surviving joint debtors, and parents", "nested": [ { "text": "(a) Definitions \nFor purposes of this section: (1) Eligible public servant \nThe term eligible public servant means an individual who— (A) served as a police officer, firefighter, other safety or rescue personnel, or as a member of the Armed Forces; and (B) died (or dies) or became (or becomes) permanently and totally disabled due to injuries suffered in the terrorist attack on September 11, 2001; as determined in accordance with regulations of the Secretary. (2) Eligible victim \nThe term eligible victim means an individual who died (or dies) or became (or becomes) permanently and totally disabled due to injuries suffered in the terrorist attack on September 11, 2001, as determined in accordance with regulations of the Secretary. (3) Eligible parent \nThe term eligible parent means the parent of an eligible victim if— (A) the parent owes a Federal student loan that is a consolidation loan that was used to repay a PLUS loan incurred on behalf of such eligible victim; or (B) the parent owes a Federal student loan that is a PLUS loan incurred on behalf of an eligible victim who became (or becomes) permanently and totally disabled due to injuries suffered in the terrorist attack on September 11, 2001. (4) Secretary \nThe term Secretary means the Secretary of Education. (5) Federal student loan \nThe term Federal student loan means any loan made, insured, or guaranteed under part B, D, or E of title IV of the Higher Education Act of 1965.", "id": "H5BA4ADFC293B40A5876DF052712018BD", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Relief from indebtedness \n(1) In General \nThe Secretary shall provide for the discharge or cancellation of— (A) the Federal student loan indebtedness of the spouse of an eligible public servant, as determined in accordance with regulations of the Secretary, including any consolidation loan that was used jointly by the eligible public servant and his or her spouse to repay the Federal student loans of the spouse and the eligible public servant; (B) the portion incurred on behalf of the eligible victim (other than an eligible public servant), of a Federal student loan that is a consolidation loan that was used jointly by the eligible victim and his or her spouse, as determined in accordance with regulations of the Secretary, to repay the Federal student loans of the eligible victim and his or her spouse; (C) the portion of the consolidation loan indebtedness of an eligible parent that was incurred on behalf of an eligible victim; and (D) the PLUS loan indebtedness of an eligible parent that was incurred on behalf of an eligible victim. (2) Method of discharge or cancellation \nA loan required to be discharged or canceled under paragraph (1) shall be discharged or canceled by the method used under section 437(a), 455(a)(1), or 464(c)(1)(F) of the Higher Education Act of 1965 ( 20 U.S.C. 1087(a) , 1087e(a)(1), 1087dd(c)(1)(F)), whichever is applicable to such loan.", "id": "H226D5C56FEBD4537A5704EDBF4DE8426", "header": "Relief from indebtedness", "nested": [], "links": [ { "text": "20 U.S.C. 1087(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1087" } ] }, { "text": "(c) Facilitation of claims \nThe Secretary shall— (1) establish procedures for the filing of applications for discharge or cancellation under this section by regulations that shall be prescribed and published within 90 days after the date of enactment of this Act and without regard to the requirements of section 553 of title 5, United States Code; and (2) take such actions as may be necessary to publicize the availability of discharge or cancellation of Federal student loan indebtedness under this section.", "id": "H8EFF87B1F28541659E00BF0A6FE578C", "header": "Facilitation of claims", "nested": [], "links": [ { "text": "section 553", "legal-doc": "usc", "parsable-cite": "usc/5/553" } ] }, { "text": "(d) Availability of funds for payments \nFunds available for the purposes of making payments to lenders in accordance with section 437(a) for the discharge of indebtedness of deceased or disabled individuals shall be available for making payments under section 437(a) to lenders of loans as required by this section.", "id": "H5F3273D7D3EC4EB7982740EED7C5082C", "header": "Availability of funds for payments", "nested": [], "links": [] }, { "text": "(e) Applicable to outstanding debt \nThe provisions of this section shall be applied to discharge or cancel only Federal student loans (including consolidation loans) on which amounts were owed on September 11, 2001. Nothing in this section shall be construed to authorize any refunding of any repayment of a loan.", "id": "H07206591AA7A41DCB1770045D18DD96", "header": "Applicable to outstanding debt", "nested": [], "links": [] } ], "links": [ { "text": "20 U.S.C. 1087(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1087" }, { "text": "section 553", "legal-doc": "usc", "parsable-cite": "usc/5/553" } ] }, { "text": "1001. Laurent Clerc National Deaf Education Center \n(a) General authority \nSection 104(a)(1)(A) of the Education of the Deaf Act of 1986 ( 20 U.S.C. 4304(a)(1)(A) ) is amended by inserting after maintain and operate the following: , at the Laurent Clerc National Deaf Education Center,. (b) Administrative requirements \n(1) In general \nSection 104(b) of the Education of the Deaf Act of 1986 ( 20 U.S.C. 4304(b) ) is amended— (A) in the matter preceding subparagraph (A) of paragraph (1), by striking elementary and secondary education programs and inserting Laurent Clerc National Deaf Education Center ; and (B) in paragraph (2), by striking elementary and secondary education programs and inserting Laurent Clerc National Deaf Education Center. (2) Academic content standards, achievement standards, and assessments \nSection 104(b) of the Education of the Deaf Act of 1986 ( 20 U.S.C. 4304(b) ) is amended by adding at the end the following new paragraph: (5) The University, in consultation with the Secretary, shall— (A) not later than the beginning of the 2006–2007 academic year, adopt and implement academic content standards, academic achievement standards, and academic assessments as described in section 1111(b) of the Elementary and Secondary Education Act of 1965 for the Laurent Clerc National Deaf Education Center; (B) develop adequate yearly progress standards for the Center as described in section 1111(2)(C) of such Act; and (C) make available to the public the results of such assessments, except in such case in which such reporting would not yield statistically reliable information or would reveal personally identifiable information about an individual student..", "id": "HD73B29A3B6924573906ED82F50900068", "header": "Laurent Clerc National Deaf Education Center", "nested": [ { "text": "(a) General authority \nSection 104(a)(1)(A) of the Education of the Deaf Act of 1986 ( 20 U.S.C. 4304(a)(1)(A) ) is amended by inserting after maintain and operate the following: , at the Laurent Clerc National Deaf Education Center,.", "id": "HBF939F2FFA8146FAB23B3944587B015F", "header": "General authority", "nested": [], "links": [ { "text": "20 U.S.C. 4304(a)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/20/4304" } ] }, { "text": "(b) Administrative requirements \n(1) In general \nSection 104(b) of the Education of the Deaf Act of 1986 ( 20 U.S.C. 4304(b) ) is amended— (A) in the matter preceding subparagraph (A) of paragraph (1), by striking elementary and secondary education programs and inserting Laurent Clerc National Deaf Education Center ; and (B) in paragraph (2), by striking elementary and secondary education programs and inserting Laurent Clerc National Deaf Education Center. (2) Academic content standards, achievement standards, and assessments \nSection 104(b) of the Education of the Deaf Act of 1986 ( 20 U.S.C. 4304(b) ) is amended by adding at the end the following new paragraph: (5) The University, in consultation with the Secretary, shall— (A) not later than the beginning of the 2006–2007 academic year, adopt and implement academic content standards, academic achievement standards, and academic assessments as described in section 1111(b) of the Elementary and Secondary Education Act of 1965 for the Laurent Clerc National Deaf Education Center; (B) develop adequate yearly progress standards for the Center as described in section 1111(2)(C) of such Act; and (C) make available to the public the results of such assessments, except in such case in which such reporting would not yield statistically reliable information or would reveal personally identifiable information about an individual student..", "id": "HCA25DB79615C41A582EAEF05F2220951", "header": "Administrative requirements", "nested": [], "links": [ { "text": "20 U.S.C. 4304(b)", "legal-doc": "usc", "parsable-cite": "usc/20/4304" }, { "text": "20 U.S.C. 4304(b)", "legal-doc": "usc", "parsable-cite": "usc/20/4304" } ] } ], "links": [ { "text": "20 U.S.C. 4304(a)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/20/4304" }, { "text": "20 U.S.C. 4304(b)", "legal-doc": "usc", "parsable-cite": "usc/20/4304" }, { "text": "20 U.S.C. 4304(b)", "legal-doc": "usc", "parsable-cite": "usc/20/4304" } ] }, { "text": "1002. Authority \nSection 111 of the Education of the Deaf Act of 1986 ( 20 U.S.C. 4331 ) is amended by striking the institution of higher education with which the Secretary has an agreement under this part and inserting the Rochester Institute of Technology.", "id": "H3F853628FA95444C8259D860DCF0918", "header": "Authority", "nested": [], "links": [ { "text": "20 U.S.C. 4331", "legal-doc": "usc", "parsable-cite": "usc/20/4331" } ] }, { "text": "1003. Agreement for the National Technical Institute for the Deaf \n(a) General authority \nSection 112(a) of the Education of the Deaf Act of 1986 ( 20 U.S.C. 4332(a) ) is amended— (1) in paragraph (1)— (A) in the first sentence— (i) by striking an institution of higher education and inserting the Rochester Institute of Technology, Rochester, New York, ; and (ii) by striking of a and inserting of the ; and (B) by striking the second sentence; and (2) in paragraph (2)— (A) in the matter preceding subparagraph (A), by striking the institution of higher education with which the Secretary has an agreement under this section and inserting the Rochester Institute of Technology ; and (B) in subparagraph (B), by striking the institution and inserting the Rochester Institute of Technology. (b) Provisions of agreement \nSection 112(b) of the Education of the Deaf Act of 1986 ( 20 U.S.C. 4332(b) ) is amended— (1) in paragraph (2), by striking or other governing body of the institution and inserting of the Rochester Institute of Technology ; and (2) in paragraph (3)— (A) by striking or other governing body of the institution and inserting of the Rochester Institute of Technology ; (B) by striking the institution of higher education under the agreement with the Secretary and inserting the Rochester Institute of Technology by the National Technical Institute for the Deaf ; and (C) by striking Committee on Education and Labor of the House of Representatives and to the Committee on Labor and Human Resources of the Senate and inserting Committee on Education and the Workforce of the House of Representatives and to the Committee on Health, Education, Labor, and Pensions of the Senate. (c) Limitation \nSection 112(c) of the Education of the Deaf Act of 1986 ( 20 U.S.C. 4332(c) ) is amended in paragraphs (1) and (2) by striking institution each place it appears and inserting Rochester Institute of Technology.", "id": "HF965A47F7FF445D5B8B4008F00BC51B7", "header": "Agreement for the National Technical Institute for the Deaf", "nested": [ { "text": "(a) General authority \nSection 112(a) of the Education of the Deaf Act of 1986 ( 20 U.S.C. 4332(a) ) is amended— (1) in paragraph (1)— (A) in the first sentence— (i) by striking an institution of higher education and inserting the Rochester Institute of Technology, Rochester, New York, ; and (ii) by striking of a and inserting of the ; and (B) by striking the second sentence; and (2) in paragraph (2)— (A) in the matter preceding subparagraph (A), by striking the institution of higher education with which the Secretary has an agreement under this section and inserting the Rochester Institute of Technology ; and (B) in subparagraph (B), by striking the institution and inserting the Rochester Institute of Technology.", "id": "H10BD891B7F724F7182050787B0058CB2", "header": "General authority", "nested": [], "links": [ { "text": "20 U.S.C. 4332(a)", "legal-doc": "usc", "parsable-cite": "usc/20/4332" } ] }, { "text": "(b) Provisions of agreement \nSection 112(b) of the Education of the Deaf Act of 1986 ( 20 U.S.C. 4332(b) ) is amended— (1) in paragraph (2), by striking or other governing body of the institution and inserting of the Rochester Institute of Technology ; and (2) in paragraph (3)— (A) by striking or other governing body of the institution and inserting of the Rochester Institute of Technology ; (B) by striking the institution of higher education under the agreement with the Secretary and inserting the Rochester Institute of Technology by the National Technical Institute for the Deaf ; and (C) by striking Committee on Education and Labor of the House of Representatives and to the Committee on Labor and Human Resources of the Senate and inserting Committee on Education and the Workforce of the House of Representatives and to the Committee on Health, Education, Labor, and Pensions of the Senate.", "id": "HF39D413C3AF542A9AD3E1BE100B134FE", "header": "Provisions of agreement", "nested": [], "links": [ { "text": "20 U.S.C. 4332(b)", "legal-doc": "usc", "parsable-cite": "usc/20/4332" } ] }, { "text": "(c) Limitation \nSection 112(c) of the Education of the Deaf Act of 1986 ( 20 U.S.C. 4332(c) ) is amended in paragraphs (1) and (2) by striking institution each place it appears and inserting Rochester Institute of Technology.", "id": "H90CD261EBE93424D8CF51C99AB00A93F", "header": "Limitation", "nested": [], "links": [ { "text": "20 U.S.C. 4332(c)", "legal-doc": "usc", "parsable-cite": "usc/20/4332" } ] } ], "links": [ { "text": "20 U.S.C. 4332(a)", "legal-doc": "usc", "parsable-cite": "usc/20/4332" }, { "text": "20 U.S.C. 4332(b)", "legal-doc": "usc", "parsable-cite": "usc/20/4332" }, { "text": "20 U.S.C. 4332(c)", "legal-doc": "usc", "parsable-cite": "usc/20/4332" } ] }, { "text": "1004. Definitions \nSection 201 of the Education of the Deaf Act of 1986 ( 20 U.S.C. 4351 ) is amended— (1) by striking paragraph (3); (2) by redesignating paragraphs (4) through (7) as paragraphs (3) through (6), respectively; and (3) by adding at the end the following new paragraph: (7) The term RIT means the Rochester Institute of Technology..", "id": "H75571AE7438C48F498F5E7D9F7468349", "header": "Definitions", "nested": [], "links": [ { "text": "20 U.S.C. 4351", "legal-doc": "usc", "parsable-cite": "usc/20/4351" } ] }, { "text": "1005. Audit \n(a) Independent financial and compliance audit \nSection 203(b)(1) of the Education of the Deaf Act of 1986 ( 20 U.S.C. 4353(b)(1) ) is amended by striking the second sentence and inserting the following: NTID shall have an annual independent financial and compliance audit made of RIT programs and activities, including NTID programs and activities.. (b) Compliance \nSection 203(b)(2) of the Education of the Deaf Act of 1986 ( 20 U.S.C. 4353(b)(2) ) is amended by striking sections and all that follows through section 207 and inserting sections 102(b), 105(b)(4), 112(b)(5), 203(c), 207(b)(2), subsections (c) through (f) of section 207. (c) Submission of audits \nSection 203(b)(3) of the Education of the Deaf Act of 1986 ( 20 U.S.C. 4353(b)(3) ) is amended— (1) by inserting after Secretary the following: and the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate ; and (2) by striking or the institution authorized to establish and operate the NTID under section 112(a) and inserting or RIT. (d) Limitations regarding expenditure of funds \nSection 203(c)(2)(A) of the Education of the Deaf Act of 1986 ( 20 U.S.C. 4353(c)(2)(A) ) is amended in the fifth sentence by striking the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate and inserting the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.", "id": "H61223B2484274107A33676AD6B00E1A6", "header": "Audit", "nested": [ { "text": "(a) Independent financial and compliance audit \nSection 203(b)(1) of the Education of the Deaf Act of 1986 ( 20 U.S.C. 4353(b)(1) ) is amended by striking the second sentence and inserting the following: NTID shall have an annual independent financial and compliance audit made of RIT programs and activities, including NTID programs and activities..", "id": "HBDCD4ADCBBF4494195C25DCA49449C3", "header": "Independent financial and compliance audit", "nested": [], "links": [ { "text": "20 U.S.C. 4353(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/4353" } ] }, { "text": "(b) Compliance \nSection 203(b)(2) of the Education of the Deaf Act of 1986 ( 20 U.S.C. 4353(b)(2) ) is amended by striking sections and all that follows through section 207 and inserting sections 102(b), 105(b)(4), 112(b)(5), 203(c), 207(b)(2), subsections (c) through (f) of section 207.", "id": "HDC85902F3BB14A7DA124B396F05DB8CD", "header": "Compliance", "nested": [], "links": [ { "text": "20 U.S.C. 4353(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/20/4353" } ] }, { "text": "(c) Submission of audits \nSection 203(b)(3) of the Education of the Deaf Act of 1986 ( 20 U.S.C. 4353(b)(3) ) is amended— (1) by inserting after Secretary the following: and the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate ; and (2) by striking or the institution authorized to establish and operate the NTID under section 112(a) and inserting or RIT.", "id": "HD53D496D4B254A4890FF833D7C9106AC", "header": "Submission of audits", "nested": [], "links": [ { "text": "20 U.S.C. 4353(b)(3)", "legal-doc": "usc", "parsable-cite": "usc/20/4353" } ] }, { "text": "(d) Limitations regarding expenditure of funds \nSection 203(c)(2)(A) of the Education of the Deaf Act of 1986 ( 20 U.S.C. 4353(c)(2)(A) ) is amended in the fifth sentence by striking the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate and inserting the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.", "id": "H3A719A35462643328EC0850799BEBF57", "header": "Limitations regarding expenditure of funds", "nested": [], "links": [ { "text": "20 U.S.C. 4353(c)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/20/4353" } ] } ], "links": [ { "text": "20 U.S.C. 4353(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/4353" }, { "text": "20 U.S.C. 4353(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/20/4353" }, { "text": "20 U.S.C. 4353(b)(3)", "legal-doc": "usc", "parsable-cite": "usc/20/4353" }, { "text": "20 U.S.C. 4353(c)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/20/4353" } ] }, { "text": "1006. Reports \n(a) Technical amendments \nSection 204 of the Education of the Deaf Act of 1986 ( 20 U.S.C. 4354 ) is amended in the matter preceding paragraph (1)— (1) by striking or other governing body of the institution of higher education with which the Secretary has an agreement under section 112 and inserting of RIT ; and (2) by striking Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate and inserting Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. (b) Contents of report \nSection 204 of the Education of the Deaf Act of 1986 ( 20 U.S.C. 4354 ) is amended— (1) in paragraph (2)(C), by striking upon graduation/completion and inserting within one year of graduation/completion ; and (2) in paragraph (3)(B), by striking of the institution of higher education with which the Secretary has an agreement under section 112, including specific schedules and analyses for all NTID funds, as required under section 203 and inserting of RIT programs and activities.", "id": "H4ED4EEC2CC454A1B8008C5845CCD888D", "header": "Reports", "nested": [ { "text": "(a) Technical amendments \nSection 204 of the Education of the Deaf Act of 1986 ( 20 U.S.C. 4354 ) is amended in the matter preceding paragraph (1)— (1) by striking or other governing body of the institution of higher education with which the Secretary has an agreement under section 112 and inserting of RIT ; and (2) by striking Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate and inserting Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.", "id": "H881EC3B61E9F47668EA875CB324EBD00", "header": "Technical amendments", "nested": [], "links": [ { "text": "20 U.S.C. 4354", "legal-doc": "usc", "parsable-cite": "usc/20/4354" } ] }, { "text": "(b) Contents of report \nSection 204 of the Education of the Deaf Act of 1986 ( 20 U.S.C. 4354 ) is amended— (1) in paragraph (2)(C), by striking upon graduation/completion and inserting within one year of graduation/completion ; and (2) in paragraph (3)(B), by striking of the institution of higher education with which the Secretary has an agreement under section 112, including specific schedules and analyses for all NTID funds, as required under section 203 and inserting of RIT programs and activities.", "id": "H669036FE45AE4D91A16558E79642EBE7", "header": "Contents of report", "nested": [], "links": [ { "text": "20 U.S.C. 4354", "legal-doc": "usc", "parsable-cite": "usc/20/4354" } ] } ], "links": [ { "text": "20 U.S.C. 4354", "legal-doc": "usc", "parsable-cite": "usc/20/4354" }, { "text": "20 U.S.C. 4354", "legal-doc": "usc", "parsable-cite": "usc/20/4354" } ] }, { "text": "1007. Liaison for educational programs \nSection 206(a) of the Education of the Deaf Act of 1986 ( 20 U.S.C. 4356(a) ) is amended by striking Not later than 30 days after the date of enactment of this Act, the and inserting The.", "id": "H90835F0E5F194C40BD152F1B3C69D426", "header": "Liaison for educational programs", "nested": [], "links": [ { "text": "20 U.S.C. 4356(a)", "legal-doc": "usc", "parsable-cite": "usc/20/4356" } ] }, { "text": "1008. Federal endowment programs for Gallaudet University and the National Technical Institute for the Deaf \nSection 207(a)(2) of the Education of the Deaf Act of 1986 ( 20 U.S.C. 4357(a)(2) ) is amended by striking or other governing body of the institution of higher education with which the Secretary has an agreement under section 112 and inserting of RIT.", "id": "HB03BE355AA50431ABC2FE9C4FCA7C058", "header": "Federal endowment programs for Gallaudet University and the National Technical Institute for the Deaf", "nested": [], "links": [ { "text": "20 U.S.C. 4357(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/20/4357" } ] }, { "text": "1009. Oversight and effect of agreements \nSection 208(a) of the Education of the Deaf Act of 1986 ( 20 U.S.C. 4359(a) ) is amended— (1) by striking the institution of higher education with which the Secretary has an agreement under part B of title I and inserting RIT ; and (2) by striking Committee on Labor and Human Resources of the Senate and the Committee on Education and Labor of the House of Representatives and inserting Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.", "id": "H45B7E1963E2941C48276F48BC7E0D939", "header": "Oversight and effect of agreements", "nested": [], "links": [ { "text": "20 U.S.C. 4359(a)", "legal-doc": "usc", "parsable-cite": "usc/20/4359" } ] }, { "text": "1010. Authorization of appropriations \n(a) Monitoring and evaluation activities \nSection 205(c) of the Education of the Deaf Act of 1986 ( 20 U.S.C. 4355(c) ) is amended by striking fiscal years 1998 through 2003 and inserting fiscal years 2004 through 2009. (b) Federal endowment programs for Gallaudet University and the national technical institute for the deaf \nSection 207(h) of the Education of the Deaf Act of 1986 ( 20 U.S.C. 4357(h) ) is amended in paragraphs (1) and (2) by striking fiscal years 1998 through 2003 each place it appears and inserting fiscal years 2004 through 2009. (c) General authorization of appropriations \nSection 212 of the Education of the Deaf Act of 1986 ( 20 U.S.C. 4360a ) is amended— (1) in the matter preceding paragraph (1) in subsection (a), by striking fiscal years 1998 through 2003 and inserting fiscal years 2004 through 2009 ; and (2) in subsection (b), by striking fiscal years 1998 through 2003 and inserting fiscal years 2004 through 2009.", "id": "HD618624F6734453293E59B857353C2F", "header": "Authorization of appropriations", "nested": [ { "text": "(a) Monitoring and evaluation activities \nSection 205(c) of the Education of the Deaf Act of 1986 ( 20 U.S.C. 4355(c) ) is amended by striking fiscal years 1998 through 2003 and inserting fiscal years 2004 through 2009.", "id": "H467C9A48AFD546F18400BCF7228CE9F", "header": "Monitoring and evaluation activities", "nested": [], "links": [ { "text": "20 U.S.C. 4355(c)", "legal-doc": "usc", "parsable-cite": "usc/20/4355" } ] }, { "text": "(b) Federal endowment programs for Gallaudet University and the national technical institute for the deaf \nSection 207(h) of the Education of the Deaf Act of 1986 ( 20 U.S.C. 4357(h) ) is amended in paragraphs (1) and (2) by striking fiscal years 1998 through 2003 each place it appears and inserting fiscal years 2004 through 2009.", "id": "HB18BF98D9B2846C59C16F8CB7573D0EE", "header": "Federal endowment programs for Gallaudet University and the national technical institute for the deaf", "nested": [], "links": [ { "text": "20 U.S.C. 4357(h)", "legal-doc": "usc", "parsable-cite": "usc/20/4357" } ] }, { "text": "(c) General authorization of appropriations \nSection 212 of the Education of the Deaf Act of 1986 ( 20 U.S.C. 4360a ) is amended— (1) in the matter preceding paragraph (1) in subsection (a), by striking fiscal years 1998 through 2003 and inserting fiscal years 2004 through 2009 ; and (2) in subsection (b), by striking fiscal years 1998 through 2003 and inserting fiscal years 2004 through 2009.", "id": "H473C45493B9D4BA89210366218CC05B", "header": "General authorization of appropriations", "nested": [], "links": [ { "text": "20 U.S.C. 4360a", "legal-doc": "usc", "parsable-cite": "usc/20/4360a" } ] } ], "links": [ { "text": "20 U.S.C. 4355(c)", "legal-doc": "usc", "parsable-cite": "usc/20/4355" }, { "text": "20 U.S.C. 4357(h)", "legal-doc": "usc", "parsable-cite": "usc/20/4357" }, { "text": "20 U.S.C. 4360a", "legal-doc": "usc", "parsable-cite": "usc/20/4360a" } ] }, { "text": "1021. Amendment to Higher Education Amendments of 1998 \n(a) Repeals of expired and executed provisions \nThe following provisions of the Higher Education Amendments of 1998 are repealed: (1) Study of market mechanisms in Federal student loan programs \nSection 801 ( 20 U.S.C. 1018 note). (2) Study of feasibility of alternate financial instruments for determining lender yields \nSection 802. (3) Student related debt study \nSection 803 ( 20 U.S.C. 1015 note) (4) Study of opportunities for participation in athletic programs \nSection 805 ( 20 U.S.C. 1001 note). (5) Community scholarship mobilization \nPart C ( 20 U.S.C. 1070 note). (6) Incarcerated youth \nPart D ( 20 U.S.C. 1151 ). (7) Improving United States understanding of science, engineering, and technology in East Asia \nPart F ( 20 U.S.C. 1862 note). (8) Web-based education commission \nPart J. (b) Extensions of authorizations and studies \n(1) Transfer of credit \nSection 804(b) ( 20 U.S.C. 1099b note) is amended— (A) by striking one year after the date of enactment of this Act and inserting September 30, 2006 ; and (B) by inserting and policies of institutions of higher education after agencies or associations. (2) Cohort default rate study \nSection 806 is amended— (A) in subsection (a), by striking higher education at which less and inserting higher education. The study shall also review the effect of cohort default rates specifically on institutions of higher education at which less ; and (B) in subsection (c), by striking September 30, 1999, and inserting September 30, 2006,. (3) Violence against women \nSection 826 ( 20 U.S.C. 1152 ) is amended— (A) in subsection (g)— (i) by striking 1999 and inserting 2005 ; and (ii) by striking 4 succeeding and inserting 5 succeeding ; and (B) by redesignating subsections (f) and (g) as subsections (e) and (f), respectively. (4) Underground railroad \nSubsection (c) of section 841 ( 20 U.S.C. 1153(c) ) is amended to read as follows: (c) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section $3,000,000 for fiscal year 2005 and such sums as may be necessary for each of the 5 succeeding fiscal years.. (c) Disbursement of student loans \nSection 422(d) of the Higher Education Amendments of 1998 ( Public Law 105–244 ; 112 Stat. 1696) is amended by adding at the end the following new sentence: Such amendments shall also be effective on and after July 1, 2005..", "id": "HD187890847E94DBD0061420211F6FFC5", "header": "Amendment to Higher Education Amendments of 1998", "nested": [ { "text": "(a) Repeals of expired and executed provisions \nThe following provisions of the Higher Education Amendments of 1998 are repealed: (1) Study of market mechanisms in Federal student loan programs \nSection 801 ( 20 U.S.C. 1018 note). (2) Study of feasibility of alternate financial instruments for determining lender yields \nSection 802. (3) Student related debt study \nSection 803 ( 20 U.S.C. 1015 note) (4) Study of opportunities for participation in athletic programs \nSection 805 ( 20 U.S.C. 1001 note). (5) Community scholarship mobilization \nPart C ( 20 U.S.C. 1070 note). (6) Incarcerated youth \nPart D ( 20 U.S.C. 1151 ). (7) Improving United States understanding of science, engineering, and technology in East Asia \nPart F ( 20 U.S.C. 1862 note). (8) Web-based education commission \nPart J.", "id": "HDE4ABAEEE9E74EE8A3BBA56DC244F96D", "header": "Repeals of expired and executed provisions", "nested": [], "links": [ { "text": "20 U.S.C. 1018", "legal-doc": "usc", "parsable-cite": "usc/20/1018" }, { "text": "20 U.S.C. 1015", "legal-doc": "usc", "parsable-cite": "usc/20/1015" }, { "text": "20 U.S.C. 1001", "legal-doc": "usc", "parsable-cite": "usc/20/1001" }, { "text": "20 U.S.C. 1070", "legal-doc": "usc", "parsable-cite": "usc/20/1070" }, { "text": "20 U.S.C. 1151", "legal-doc": "usc", "parsable-cite": "usc/20/1151" }, { "text": "20 U.S.C. 1862", "legal-doc": "usc", "parsable-cite": "usc/20/1862" } ] }, { "text": "(b) Extensions of authorizations and studies \n(1) Transfer of credit \nSection 804(b) ( 20 U.S.C. 1099b note) is amended— (A) by striking one year after the date of enactment of this Act and inserting September 30, 2006 ; and (B) by inserting and policies of institutions of higher education after agencies or associations. (2) Cohort default rate study \nSection 806 is amended— (A) in subsection (a), by striking higher education at which less and inserting higher education. The study shall also review the effect of cohort default rates specifically on institutions of higher education at which less ; and (B) in subsection (c), by striking September 30, 1999, and inserting September 30, 2006,. (3) Violence against women \nSection 826 ( 20 U.S.C. 1152 ) is amended— (A) in subsection (g)— (i) by striking 1999 and inserting 2005 ; and (ii) by striking 4 succeeding and inserting 5 succeeding ; and (B) by redesignating subsections (f) and (g) as subsections (e) and (f), respectively. (4) Underground railroad \nSubsection (c) of section 841 ( 20 U.S.C. 1153(c) ) is amended to read as follows: (c) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section $3,000,000 for fiscal year 2005 and such sums as may be necessary for each of the 5 succeeding fiscal years..", "id": "H434BAC9EC6EA47B1B79BAFA776137075", "header": "Extensions of authorizations and studies", "nested": [], "links": [ { "text": "20 U.S.C. 1099b", "legal-doc": "usc", "parsable-cite": "usc/20/1099b" }, { "text": "20 U.S.C. 1152", "legal-doc": "usc", "parsable-cite": "usc/20/1152" }, { "text": "20 U.S.C. 1153(c)", "legal-doc": "usc", "parsable-cite": "usc/20/1153" } ] }, { "text": "(c) Disbursement of student loans \nSection 422(d) of the Higher Education Amendments of 1998 ( Public Law 105–244 ; 112 Stat. 1696) is amended by adding at the end the following new sentence: Such amendments shall also be effective on and after July 1, 2005..", "id": "H3C1CBFADA7D341E8B56438405662A995", "header": "Disbursement of student loans", "nested": [], "links": [ { "text": "Public Law 105–244", "legal-doc": "public-law", "parsable-cite": "pl/105/244" } ] } ], "links": [ { "text": "20 U.S.C. 1018", "legal-doc": "usc", "parsable-cite": "usc/20/1018" }, { "text": "20 U.S.C. 1015", "legal-doc": "usc", "parsable-cite": "usc/20/1015" }, { "text": "20 U.S.C. 1001", "legal-doc": "usc", "parsable-cite": "usc/20/1001" }, { "text": "20 U.S.C. 1070", "legal-doc": "usc", "parsable-cite": "usc/20/1070" }, { "text": "20 U.S.C. 1151", "legal-doc": "usc", "parsable-cite": "usc/20/1151" }, { "text": "20 U.S.C. 1862", "legal-doc": "usc", "parsable-cite": "usc/20/1862" }, { "text": "20 U.S.C. 1099b", "legal-doc": "usc", "parsable-cite": "usc/20/1099b" }, { "text": "20 U.S.C. 1152", "legal-doc": "usc", "parsable-cite": "usc/20/1152" }, { "text": "20 U.S.C. 1153(c)", "legal-doc": "usc", "parsable-cite": "usc/20/1153" }, { "text": "Public Law 105–244", "legal-doc": "public-law", "parsable-cite": "pl/105/244" } ] }, { "text": "1022. Tribally Controlled College or University Assistance Act of 1978 \n(a) Title I authorization \nSection 110(a) of the Tribally Controlled Community College or University Assistance Act of 1978 ( 25 U.S.C. 1810(a) ) is amended— (1) by striking 1999 each place it appears and inserting 2005 ; and (2) by striking 4 succeeding each place it appears and inserting 5 succeeding. (b) Title III reauthorization \nSection 306(a) of the Tribally Controlled Community College or University Assistance Act of 1978 ( 25 U.S.C. 1836(a) ) is amended— (1) by striking 1999 and inserting 2005 ; and (2) by striking 4 succeeding and inserting 5 succeeding. (c) Title IV reauthorization \nSection 403 of the Tribal Economic Development and Technology Related Education Assistance Act of 1990 ( 25 U.S.C. 1852 ) is amended— (1) by striking 1999 and inserting 2005 ; and (2) by striking 4 succeeding and inserting 5 succeeding. (d) Additional amendments \nThe Tribally Controlled Community College or University Assistance Act of 1978 is further amended— (1) in section 2(a)(6) ( 25 U.S.C. 1801(a)(6) ), by striking in the field of Indian education and inserting in the field of Tribal Colleges and Universities and Indian higher education ; (2) in section 2(b), by striking paragraph (5) and inserting the following: (5) Eligible credits earned in a continuing education program shall be determined as one credit for every 10 contact hours for institutions on a quarter system, and 15 contact hours for institutions on a semester system, of participation in an organized continuing education experience under responsible sponsorship, capable direction, and qualified instruction, as described in the criteria established by the International Association for Continuing Education and Training, and may not exceed 20 percent of an institution’s total Indian student count. ; and (3) in section 103 ( 25 U.S.C. 1804 ), by striking and at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting ; and , and by inserting after paragraph (3) the following new paragraph: (4) has been accredited by a nationally recognized accrediting agency or association determined by the Secretary of Education to be a reliable authority as to the quality of training offered, or is, according to such an agency or association, making reasonable progress toward accreditation..", "id": "H7E083CCC488E419DAF6B16474CA761B0", "header": "Tribally Controlled College or University Assistance Act of 1978", "nested": [ { "text": "(a) Title I authorization \nSection 110(a) of the Tribally Controlled Community College or University Assistance Act of 1978 ( 25 U.S.C. 1810(a) ) is amended— (1) by striking 1999 each place it appears and inserting 2005 ; and (2) by striking 4 succeeding each place it appears and inserting 5 succeeding.", "id": "HC3EE6FEDBE294D9994B9961C43EA2CE7", "header": "Title I authorization", "nested": [], "links": [ { "text": "25 U.S.C. 1810(a)", "legal-doc": "usc", "parsable-cite": "usc/25/1810" } ] }, { "text": "(b) Title III reauthorization \nSection 306(a) of the Tribally Controlled Community College or University Assistance Act of 1978 ( 25 U.S.C. 1836(a) ) is amended— (1) by striking 1999 and inserting 2005 ; and (2) by striking 4 succeeding and inserting 5 succeeding.", "id": "HFEA41789F84C4B4A82362383F1248722", "header": "Title III reauthorization", "nested": [], "links": [ { "text": "25 U.S.C. 1836(a)", "legal-doc": "usc", "parsable-cite": "usc/25/1836" } ] }, { "text": "(c) Title IV reauthorization \nSection 403 of the Tribal Economic Development and Technology Related Education Assistance Act of 1990 ( 25 U.S.C. 1852 ) is amended— (1) by striking 1999 and inserting 2005 ; and (2) by striking 4 succeeding and inserting 5 succeeding.", "id": "H4CD73759A0F44D3F8F5DEC7C1E2CA09F", "header": "Title IV reauthorization", "nested": [], "links": [ { "text": "25 U.S.C. 1852", "legal-doc": "usc", "parsable-cite": "usc/25/1852" } ] }, { "text": "(d) Additional amendments \nThe Tribally Controlled Community College or University Assistance Act of 1978 is further amended— (1) in section 2(a)(6) ( 25 U.S.C. 1801(a)(6) ), by striking in the field of Indian education and inserting in the field of Tribal Colleges and Universities and Indian higher education ; (2) in section 2(b), by striking paragraph (5) and inserting the following: (5) Eligible credits earned in a continuing education program shall be determined as one credit for every 10 contact hours for institutions on a quarter system, and 15 contact hours for institutions on a semester system, of participation in an organized continuing education experience under responsible sponsorship, capable direction, and qualified instruction, as described in the criteria established by the International Association for Continuing Education and Training, and may not exceed 20 percent of an institution’s total Indian student count. ; and (3) in section 103 ( 25 U.S.C. 1804 ), by striking and at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting ; and , and by inserting after paragraph (3) the following new paragraph: (4) has been accredited by a nationally recognized accrediting agency or association determined by the Secretary of Education to be a reliable authority as to the quality of training offered, or is, according to such an agency or association, making reasonable progress toward accreditation..", "id": "HC21E1598DFF6458B861F3F79AB75F488", "header": "Additional amendments", "nested": [], "links": [ { "text": "25 U.S.C. 1801(a)(6)", "legal-doc": "usc", "parsable-cite": "usc/25/1801" }, { "text": "25 U.S.C. 1804", "legal-doc": "usc", "parsable-cite": "usc/25/1804" } ] } ], "links": [ { "text": "25 U.S.C. 1810(a)", "legal-doc": "usc", "parsable-cite": "usc/25/1810" }, { "text": "25 U.S.C. 1836(a)", "legal-doc": "usc", "parsable-cite": "usc/25/1836" }, { "text": "25 U.S.C. 1852", "legal-doc": "usc", "parsable-cite": "usc/25/1852" }, { "text": "25 U.S.C. 1801(a)(6)", "legal-doc": "usc", "parsable-cite": "usc/25/1801" }, { "text": "25 U.S.C. 1804", "legal-doc": "usc", "parsable-cite": "usc/25/1804" } ] }, { "text": "1023. Navajo Community College Act \nSection 5(a)(1) of the Navajo Community College Act ( 25 U.S.C. 640c–1(a)(1) ) is amended— (1) by striking 1999 and inserting 2005 ; and (2) by striking 4 succeeding and inserting 5 succeeding.", "id": "HD8581974928F488D89A2347BA518006F", "header": "Navajo Community College Act", "nested": [], "links": [ { "text": "25 U.S.C. 640c–1(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/25/640c-1" } ] }, { "text": "1024. Education Amendments of 1992 \nSection 1543(d) of the Education Amendments of 1992 ( 20 U.S.C. 1070 note) is amended— (1) by striking 1999 and inserting 2005 ; and (2) by striking 4 succeeding and inserting 5 succeeding.", "id": "HF54EB6E3382C46A9ADBAF41798944BDE", "header": "Education Amendments of 1992", "nested": [], "links": [ { "text": "20 U.S.C. 1070", "legal-doc": "usc", "parsable-cite": "usc/20/1070" } ] }, { "text": "1025. Study of student learning outcomes and public accountability \n(a) Study required \nThe Secretary shall provide for the conduct a study of the best practices of States in assessing undergraduate postsecondary student learning, particularly as such practices relate to public accountability systems. (b) Characteristics of the association \nSuch study shall be conducted by an association or organization with specific expertise and knowledge in state practices and access to necessary state officials (in this section referred to as the association ). The association responsible for the study under this section shall be a national, non-partisan or bi-partisan entity representing States or State officials with expertise in evaluative and qualitative policy research for best practice models, the capacity to convene experts, and to formulate policy recommendations. (c) Required subjects of study \nIn performing the study, the association shall, at a minimum, examine the following: (1) The current status of institutional and state efforts to embed student learning assessments into the state-level public accountability frameworks. (2) The extent to which there is commonality among educators and accrediting agencies on learning standards for the associates and bachelors degrees. (3) The reliability, rigor, and generalizability of available instruments to assess general education at the undergraduate level. (4) Roles and responsibilities for public accountability for student learning. (d) Consultation \n(1) National committee \nThe association shall establish and consult with a national committee. The committee shall meet not less than twice a year to review the research, identify best practice models, and review recommendations. (2) Membership \nThe national advisory committee shall consist of a representative of the Secretary of Education and individuals with expertise in— (A) State accountability systems; (B) student learning assessments; (C) student flow data; (D) transitions between K–12 and higher education; and (E) federal higher education policy. (3) Additional expertise \nThe association may augment this committee with other expertise, as appropriate. (e) Congressional consultation \nThe association shall consult on a regular basis with the Committee on Education and the Workforce of the House of Representatives and the Committee on Health Education Labor and Pensions of the Senate in carrying out the study required by this section. (f) Report \nThe association shall, not later than two years after the date of enactment of this Act, prepare and submit a report on the study required by this section to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.", "id": "H4FE605CAA93F493093A48665879C86C6", "header": "Study of student learning outcomes and public accountability", "nested": [ { "text": "(a) Study required \nThe Secretary shall provide for the conduct a study of the best practices of States in assessing undergraduate postsecondary student learning, particularly as such practices relate to public accountability systems.", "id": "H7F0B87A3D05B4F6DBD98F6A0A988D88B", "header": "Study required", "nested": [], "links": [] }, { "text": "(b) Characteristics of the association \nSuch study shall be conducted by an association or organization with specific expertise and knowledge in state practices and access to necessary state officials (in this section referred to as the association ). The association responsible for the study under this section shall be a national, non-partisan or bi-partisan entity representing States or State officials with expertise in evaluative and qualitative policy research for best practice models, the capacity to convene experts, and to formulate policy recommendations.", "id": "HAF3C134EDF084CB5AB3E46C3093E2D6B", "header": "Characteristics of the association", "nested": [], "links": [] }, { "text": "(c) Required subjects of study \nIn performing the study, the association shall, at a minimum, examine the following: (1) The current status of institutional and state efforts to embed student learning assessments into the state-level public accountability frameworks. (2) The extent to which there is commonality among educators and accrediting agencies on learning standards for the associates and bachelors degrees. (3) The reliability, rigor, and generalizability of available instruments to assess general education at the undergraduate level. (4) Roles and responsibilities for public accountability for student learning.", "id": "H4C5C3D476F0D4A03B0C1006BF8D3D462", "header": "Required subjects of study", "nested": [], "links": [] }, { "text": "(d) Consultation \n(1) National committee \nThe association shall establish and consult with a national committee. The committee shall meet not less than twice a year to review the research, identify best practice models, and review recommendations. (2) Membership \nThe national advisory committee shall consist of a representative of the Secretary of Education and individuals with expertise in— (A) State accountability systems; (B) student learning assessments; (C) student flow data; (D) transitions between K–12 and higher education; and (E) federal higher education policy. (3) Additional expertise \nThe association may augment this committee with other expertise, as appropriate.", "id": "H1F02F838E29142B4A9A200B831362CD6", "header": "Consultation", "nested": [], "links": [] }, { "text": "(e) Congressional consultation \nThe association shall consult on a regular basis with the Committee on Education and the Workforce of the House of Representatives and the Committee on Health Education Labor and Pensions of the Senate in carrying out the study required by this section.", "id": "HC85561CD11CF430385C2D5601FADB9C", "header": "Congressional consultation", "nested": [], "links": [] }, { "text": "(f) Report \nThe association shall, not later than two years after the date of enactment of this Act, prepare and submit a report on the study required by this section to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.", "id": "H5DA1F4E12EB54FAEAA5400C60003C0BA", "header": "Report", "nested": [], "links": [] } ], "links": [] } ]

[ "Education and the Workforce Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H5E6D085E76224D5ABBE61A5437C9B89", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nThe Congress finds as follows: (1) There are sectors of the United States economy, including public transportation, parking meters, vending machines and low-dollar value transactions, in which the use of a $1 coin is both useful and desirable for keeping costs and prices down. (2) For a variety of reasons, the new $1 coin introduced in 2000 has not been widely sought-after by the public, leading to higher costs for merchants and thus higher prices for consumers. (3) The success of the 50-State circulating commemorative quarter program shows that a rotating design on a United States circulating coin radically increases demand for the coin, rapidly pulling it through the economy. (4) The 50-State circulating commemorative quarter program also has been an educational tool, teaching both Americans and visitors something about each State for which a quarter has been issued. (5) A national survey and study by the General Accounting Office has indicated that many Americans who do not seek, or who reject, the new $1 coin for use in commerce would actively seek the coin if an attractive, educational rotating design were to be struck on the coin. (6) The President is the leader of our tripartite government and the President’s spouse has often set the social tone for the White House while spearheading and highlighting important issues for the country. (7) Many people cannot name all of the Presidents, and fewer can name the spouses, nor can many people accurately place the President in the proper time period of American history. (8) First Spouses have not generally been recognized on American coinage. (9) Sacagewea, as currently represented on the new $1 coin, is an important symbol of American history. (10) In order to revitalize the design of United States coinage and return circulating coinage to its position as not only a necessary means of exchange in commerce but as representation of aesthetic beauty, it is appropriate to move many of the mottos and emblems, the inscription of the year, and the so-called “mint marks” that currently appear on the 2 faces of each circulating coin to the edge of the coin, which would allow larger and more dramatic artwork on the coins reminiscent of the so-called “Golden Age of Coinage” in the United States, at the beginning of the Twentieth Century, initiated by President Theodore Roosevelt, with the assistance of noted sculptors and medallic artists James Earle Fraser and Augustus St. Gaudens. (11) Placing inscriptions on the edge of coins, known as edge-incusing, is a hallmark of modern coinage and is common in large-volume production of coinage elsewhere in the world, such as the 2,700,000,000 2-Euro coins in circulation and coins of the People's Republic of China, but it has not been done on a large scale in United States coinage in recent years. (12) Bullion coins are a valuable tool for the investor and, in some cases, an important aspect of the coin-collector field. (13) Although the Congress has authorized the Secretary of the Treasury to issue gold coins with a purity of.9999 percent, the Secretary has not done so. (14) By commencing the issuance of the presidential $1 coins in 2006, coins issued in uncirculated or proof qualities that commemorate the presidency of Thomas Jefferson may be sold in sets with the coins of similar qualities that are issued in 2006 and commemorate the Lewis and Clark expedition, together with $1 coins that bear the image of Sacagewea and are struck for numismatic purposes under section 5112(n)(1)(B) of title 31, United States Code (as amended by section 3 of this Act).", "id": "H76673E16E3D14B9981355D29652B7520", "header": "Findings", "nested": [], "links": [ { "text": "section 5112(n)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/31/5112" } ] }, { "text": "3. Presidential $1 coin program \nSection 5112 of title 31, United States Code, is amended by inserting after subsection (m) the following new subsection: (n) Redesign and issuance of circulating $1 coins honoring each of the Presidents of the United States \n(1) Redesign beginning in 2006 \n(A) In general \nNotwithstanding subsection (d), $1 coins issued during the appropriate period beginning January 1, 2006, shall have designs on the obverse and reverse sides selected in accordance with this subsection which are emblematic of the Presidents of the United States. (B) Transition provision \nNotwithstanding subparagraph (A), the Secretary may continue to mint and issue $1 coins in 2006 which bear the design in effect before the redesign required under this subsection, as required for numismatic purposes and to ensure a smooth transition into the presidential coin program under this subsection. (2) Design requirements \nThe $1 coins issued in accordance with paragraph (1)(A) shall meet the following design requirements: (A) Coin reverse \nThe reverse of the coin shall bear— (i) a likeness of the Statue of Liberty extending to the rim of the coin and large enough to provide a dramatic representation of Liberty while not being large enough to create the impression of a 2-headed coin; (ii) an inscription, using Arabic numerals, of the value of the coin; and (iii) an inscription of the United States of America. (B) Coin obverse \nThe obverse of the coin shall contain the name and likeness of a President of the United States along with basic information about the President, including the dates of the term of office of such President and a number indicating the order of the term of service in which the President served. (C) Edge-incused inscriptions \nSo that the images on the obverse and reverse of each coin may stretch completely to the rim of the coin for dramatic effect similar to the coin designs of St. Gaudens and James Earle Fraser, the inscription of the year of issuance of the coin and the inscriptions required under subsection (d)(1), other than the designation of the value of the coin or the inscriptions referred to in subparagraphs (A)(iii) and (D), shall be edge-incused into the coin. (D) Inscriptions of liberty \nNotwithstanding the 2d sentence of subsection (d)(1), because the use of the Statue of Liberty on the reverse of the coins issued under this subsection adequately conveys the concept of Liberty, an inscription of Liberty shall not appear on either face of such coins or the edge of the coins. (E) Prohibition on inclusion of sitting President in series \nNo coin issued under this subsection may bear the image of a President who has not completed such President’s term of service. (3) Issuance of coins commemorating presidents \n(A) Order of issuance \nThe coins issued under this subsection commemorating Presidents of the United States shall be issued in the order of the term of service of each President, beginning with President George Washington. (B) Treatment of term of service \n(i) In general \nSubject to clause (ii), only 1 coin design shall be issued per order of service for any President, no matter how many consecutive terms of office the President served. (ii) Nonconsecutive terms \nIf a President has served during 2 or more nonconsecutive terms of service, a coin shall be issued under this subsection for each such nonconsecutive term of service. (4) Issuance of coins commemorating 4 Presidents during each year of the period \n(A) In general \nThe designs for the $1 coins issued during each year of the period referred to in paragraph (1) shall be emblematic of 4 Presidents selected in the order in which they served as President until each President has been so honored. (B) Number of each of 4 coin designs in each year \nOf the $1 coins issued during each year of the period referred to in paragraph (1), the Secretary of the Treasury shall prescribe, on the basis of such factors as the Secretary determines to be appropriate, the number of $1 coins which shall be issued with each of the 4 designs selected for such year. (5) Selection of design \nEach of the designs required under this subsection for $1 coins shall be— (A) selected by the Secretary after consultation with the Commission of Fine Arts; and (B) reviewed by the Citizens Coinage Advisory Committee. (6) Treatment as numismatic items \nFor purposes of sections 5134 and 5136, all coins minted under this subsection shall be considered to be numismatic items. (7) Issuance \nThe Secretary may mint and issue such number of $1 coins of each design selected under paragraph (5) in uncirculated and proof qualities as the Secretary determines to be appropriate. (8) Reversion to preceding design \nUpon the completion of the series of designs required by this subsection, the design of the $1 coin shall revert to the design in use prior to the issuance of coins in accordance with this subsection..", "id": "HC47C357DDE214F5EA57076F3C38759FE", "header": "Presidential $1 coin program", "nested": [], "links": [ { "text": "Section 5112", "legal-doc": "usc", "parsable-cite": "usc/31/5112" } ] }, { "text": "4. First Spouse bullion coin program \nSection 5112 of title 31, United States Code, is amended by inserting after subsection (n) (as added by section 3 of this Act) the following new subsection: (o) First Spouse bullion coin program \n(1) In general \nDuring the same period in which the $1 coins are issued under subsection (n) which are emblematic of the Presidents of the United States, the Secretary of the Treasury shall issue bullion coins under this subsection that are emblematic of the spouse of each such President. (2) Specifications \nThe coins issued under this subsection shall— (A) have the same diameter as the $1 coins described in subsection (n); (B) be of an appropriate weight and thickness; and (C) contain.9999 percent pure gold. (3) Design requirements \n(A) Coin obverse \nThe obverse of each coin issued under this subsection shall contain the name and likeness of a First Spouse, an inscription of the years of service and a number indicating the order in which his or her spouse served as President. (B) Coin reverse \nThe reverse of each coin issued under this subsection shall bear— (i) images emblematic of the life and work of the First Spouse whose image is borne on the obverse; and (ii) an inscription of the United States of America. (C) Designated denomination \nEach coin issued under this subsection shall bear, on the reverse, an inscription of the designated denomination of the coin, using Arabic numerals, which shall be $10. (D) Design in case of no first spouse \nIn the case of any President who served without a spouse— (i) the image on the obverse of the bullion coin corresponding to the $1 coin relating to such President shall be an image of the concept of Liberty — (I) as represented on a United States coin issued during the term of such President; or (II) in the case of President Chester Alan Arthur, incorporating the name and likeness of Alice Paul, a leading strategist in the suffrage movement, who was instrumental in gaining women the right to vote upon the adoption of the 19th amendment and thus participate in the election of future Presidents, and who was born on January 11, 1885, during the term of President Arthur; and (ii) the reverse of such bullion coin shall be of a design representative of themes of such President, except that in the case of the bullion coin referred to in clause (i)(II) the reverse of such coin shall be representative of the sufferage movement. (E) Design and coin for each spouse \nA coin shall be designed and issued under this section for each person who was the spouse of a President during any portion of a term of office of such President. (F) Edge-incused inscriptions \nSo that the images on the obverse and reverse of each coin may stretch completely to the rim of the coin for dramatic effect, the inscription of the year of issuance of the coin and the inscriptions required under subsection (d)(1), other than the designation of the value of the coin, shall be edge-incused into the coin. (4) Selection of design \nEach of the designs required under this subsection for $1 coins shall be— (A) selected by the Secretary after consultation with the Commission of Fine Arts; and (B) reviewed by the Citizens Coinage Advisory Committee. (5) Sale of bullion coins \nEach bullion coin issued under this subsection shall be sold for an amount the Secretary of the Treasury determines to be appropriate that is equal to or greater than the sum of— (A) the face value of the coins; and (B) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (6) Issuance of coins commemorating First Spouses \n(A) In general \nThe bullion coins issued under this section with respect to any spouse of a President shall be issued on the same schedule as the $1 coin issued under subsection (n) with respect to such President. (B) Termination of program \nNo bullion coin may be issued under this section after the design on the $1 coin reverts, in accordance with subsection (n)(8), to the design of the $1 coin preceding the program the issuance of coins under subsection (n). (7) Quality of coins \nThe bullion coins shall be issued in both proof and standard versions and may be sold in sets with the $1 coins issued under subsection (n) or in such other sets as the Secretary of the Treasury sees appropriate, as well as separately..", "id": "H4DE3FDCE88A5427B9E9FD7EA007348F8", "header": "First Spouse bullion coin program", "nested": [], "links": [ { "text": "Section 5112", "legal-doc": "usc", "parsable-cite": "usc/31/5112" } ] }, { "text": "5. Sense of the Congress \nIt is the sense of the Congress that— (1) the American tradition of not issuing a coin with the image of a living person has served the country well and deserves to be continued as a general practice; (2) the full circulation potential and cost-savings benefit projections for the presidential $1 coin program are not likely to be achieved unless barriers to the circulation of such coins are removed; and (3) in connection with the introduction of the $1 coins under the presidential $1 coin program— (A) the coins should not be introduced with an expensive taxpayer-funded public relations campaign, including the use of the taxpayer-funded United States Mint Public Enterprise Fund; and (B) the Director of the United States Mint, a bureau in the Department of the Treasury, should— (i) work with consumer groups, media outlets, and schools to ensure an adequate amount of news coverage about the start of the coin program so consumers will know of the availability of the coins; and (ii) work closely with merchants who will use the coins, vending machine and other coin acceptor manufacturers, vending machine operators, transit officials, and municipal parking officials, as well as with the Board of Governors of the Federal Reserve System and the various banking and business associations, to ensure that— (I) adequate numbers of vending machines and coin accepting equipment will accept the coin, and are labeled as such; (II) cash register drawers are ready to accept the coins; and (III) the contractors who handle recirculation of coins for the Board of Governors of the Federal Reserve System have machinery available to deliver and recycle the coins in packaging that is useful to businesses, including rolled coins.", "id": "H55C0AD43F07242F7B1709776A108295", "header": "Sense of the Congress", "nested": [ { "text": "It is the sense of the Congress that— (1) the American tradition of not issuing a coin with the image of a living person has served the country well and deserves to be continued as a general practice; (2) the full circulation potential and cost-savings benefit projections for the presidential $1 coin program are not likely to be achieved unless barriers to the circulation of such coins are removed; and (3) in connection with the introduction of the $1 coins under the presidential $1 coin program— (A) the coins should not be introduced with an expensive taxpayer-funded public relations campaign, including the use of the taxpayer-funded United States Mint Public Enterprise Fund; and (B) the Director of the United States Mint, a bureau in the Department of the Treasury, should— (i) work with consumer groups, media outlets, and schools to ensure an adequate amount of news coverage about the start of the coin program so consumers will know of the availability of the coins; and (ii) work closely with merchants who will use the coins, vending machine and other coin acceptor manufacturers, vending machine operators, transit officials, and municipal parking officials, as well as with the Board of Governors of the Federal Reserve System and the various banking and business associations, to ensure that— (I) adequate numbers of vending machines and coin accepting equipment will accept the coin, and are labeled as such; (II) cash register drawers are ready to accept the coins; and (III) the contractors who handle recirculation of coins for the Board of Governors of the Federal Reserve System have machinery available to deliver and recycle the coins in packaging that is useful to businesses, including rolled coins.", "id": "H732CD324F1704EA8B956B978C66580F4", "header": null, "nested": [], "links": [] } ], "links": [] } ]

[ "Financial Services Committee" ]

[ { "text": "1. Donald G. Brotzman Post Office Building \n(a) Designation \nThe facility of the United States Postal Service located at 4985 Moorhead Avenue in Boulder, Colorado, shall be known and designated as the Donald G. Brotzman Post Office Building. (b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Donald G. Brotzman Post Office Building.", "id": "H68FA7144B5AE4F6FB44401D021009FE6", "header": "Donald G. Brotzman Post Office Building", "nested": [ { "text": "(a) Designation \nThe facility of the United States Postal Service located at 4985 Moorhead Avenue in Boulder, Colorado, shall be known and designated as the Donald G. Brotzman Post Office Building.", "id": "HDBCA18FE2A9F44539CC1007D3600177B", "header": "Designation", "nested": [], "links": [] }, { "text": "(b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Donald G. Brotzman Post Office Building.", "id": "HF6C6731FEC6A47519C00B59223EB2CBC", "header": "References", "nested": [], "links": [] } ], "links": [] } ]

[ "Oversight and Accountability Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Youth Suicide Early Intervention and Prevention Expansion Act of 2004.", "id": "H84D5CC971D5A442B8311DE7421BADD71", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds the following: (1) More children and young adults die from suicide each year than from cancer, heart disease, AIDS, birth defects, stroke, and chronic lung disease combined. (2) Over 4,000 children and young adults tragically take their lives every year, making suicide the third overall cause of death between the ages of 10 and 24. According to the Centers for Disease Control and Prevention suicide is the third overall cause of death among college-age students. (3) According to the National Center for Injury Prevention and Control of the Centers for Disease Control and Prevention, children and young adults accounted for 15 percent of all suicides completed in 2000. (4) From 1952 to 1995, the rate of suicide in children and young adults has tripled. (5) From 1980 to 1997, the rate of suicide among young adults ages 15 to 19 increased 11 percent. (6) From 1980 to 1997, the rate of suicide among children ages 10 to 14 increased 109 percent. (7) According to the National Center of Health Statistics, suicide rates among Native Americans range from 1.5 to 3 times the national average for other groups, with young people ages 15 to 34 making up 64 percent of all suicides. (8) Congress has recognized that youth suicide is a public health tragedy linked to underlying mental health problems and that youth suicide early intervention and prevention activities are national priorities. (9) Youth suicide early intervention and prevention have been listed as urgent public health priorities by the President’s New Freedom Commission in Mental Health (2002), the Institute of Medicine’s Reducing Suicide: A National Imperative (2002), the National Strategy for Suicide Prevention: Goals and Objectives for Action (2001), and the Surgeon General’s Call to Action To Prevent Suicide (1999). (10) Many States have already developed comprehensive youth suicide early intervention and prevention strategies that seek to provide effective early intervention and prevention services.", "id": "H04E738AB003F472B908400FF2CE9C00", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Amendment to the public health services Act \nPart P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: 399O. Suicide prevention for children and adolescents \n(a) Youth suicide early intervention and prevention strategies \n(1) In general \nThe Secretary shall award grants or cooperative agreements to eligible entities to— (A) develop and implement statewide youth suicide early intervention and prevention strategies in schools, educational institutions, juvenile justice systems, substance abuse programs, mental health programs, foster care systems, and other child and youth support organizations; (B) collect and analyze data on statewide youth suicide early intervention and prevention services that can be used to monitor the effectiveness of such services and for research, technical assistance, and policy development; and (C) assist States, through statewide youth suicide early intervention and prevention strategies, in achieving their targets for youth suicide reductions under title V of the Social Security Act (42 U.S.C. 701 et seq.). (2) Eligible entity defined \nIn this subsection, the term eligible entity means a State, political subdivision of a State, federally-recognized Indian tribe, tribal organization, public organization, or private nonprofit organization actively involved in youth suicide early intervention and prevention activities and in the development and continuation of statewide youth suicide early intervention and prevention strategies. (3) Preference \nThe Secretary shall give preference to eligible entities that— (A) provide early intervention services to youth in, and that are integrated with, school systems, educational institutions, juvenile justice systems, substance abuse programs, mental health programs, foster care systems, and other child and youth support organizations; (B) demonstrate collaboration among early intervention and prevention services or certify that entities will engage in future collaboration; (C) employ or include in their applications a commitment to engage in an evaluative process the best evidence-based or promising youth suicide early intervention and prevention practices and strategies adapted to the local community; (D) provide for the timely assessment of youth who are at risk for emotional disorders which may lead to suicide attempts; (E) provide timely referrals for appropriate community-based mental health care and treatment of youth in all child-serving settings and agencies who are at risk for suicide; (F) provide immediate support and information resources to families of youth who are at risk for emotional behavioral disorders which may lead to suicide attempts; (G) offer equal access to services and care to youth with diverse linguistic and cultural backgrounds; (H) offer appropriate postvention services, care, and information to families, friends, schools, educational institutions, juvenile justice systems, substance abuse programs, mental health programs, foster care systems, and other child and youth support organizations of youth who recently completed suicide; (I) offer continuous and up-to-date information and awareness campaigns that target parents, family members, child care professionals, community care providers, and the general public and highlight the risk factors associated with youth suicide and the life-saving help and care available from early intervention and prevention services; (J) ensure that information and awareness campaigns on youth suicide risk factors, and early intervention and prevention services, use effective communication mechanisms that are targeted to and reach youth, families, schools, educational institutions, and youth organizations; (K) provide a timely response system to ensure that child-serving professionals and providers are properly trained in youth suicide early intervention and prevention strategies and that child-serving professionals and providers involved in early intervention and prevention services are properly trained in effectively identifying youth who are at risk for suicide; (L) provide continuous training activities for child care professionals and community care providers on the latest best evidence-based youth suicide early intervention and prevention services practices and strategies; and (M) work with interested families and advocacy organizations to conduct annual self-evaluations of outcomes and activities on the State level, according to standards established by the Secretary. (b) Technical assistance, data management, and research \n(1) Technical assistance and data management \n(A) In general \nThe Secretary shall award technical assistance grants and cooperative agreements to State agencies to conduct assessments independently or in collaboration with educational institutions related to the development of statewide youth suicide early intervention and prevention strategies. (B) Authorized activities \nGrants awarded under subparagraph (A) shall be used to establish programs for the development of standardized procedures for data management, such as— (i) ensuring the quality surveillance of youth suicide early intervention and prevention strategies; (ii) providing technical assistance on data collection and management; (iii) studying the costs and effectiveness of statewide youth suicide early intervention and prevention strategies in order to answer relevant issues of importance to State and national policymakers; (iv) further identifying and understanding causes of and associated risk factors for youth suicide; (v) ensuring the quality surveillance of suicidal behaviors and nonfatal suicidal attempts; (vi) studying the effectiveness of statewide youth suicide early intervention and prevention strategies on the overall wellness and health promotion strategies related to suicide attempts; and (vii) promoting the sharing of data regarding youth suicide with Federal agencies involved with youth suicide early intervention and prevention, and statewide youth suicide early intervention and prevention strategies for the purpose of identifying previously unknown mental health causes and associated risk-factors for suicide in youth. (2) Research \n(A) In general \nThe Secretary shall conduct a program of research and development on the efficacy of new and existing youth suicide early intervention techniques and technology, including clinical studies and evaluations of early intervention methods, and related research aimed at reducing youth suicide and offering support for emotional and behavioral disorders which may lead to suicide attempts. (B) Disseminating research \nThe Secretary shall promote the sharing of research and development data developed pursuant to subparagraph (A) with the Federal agencies involved in youth suicide early intervention and prevention, and entities involved in statewide youth suicide early intervention and prevention strategies for the purpose of applying and integrating new techniques and technology into existing statewide youth suicide early intervention and strategies systems. (c) Coordination and collaboration \n(1) In general \nIn carrying out this section, the Secretary shall collaborate and consult with— (A) other Federal agencies and State and local agencies, including agencies responsible for early intervention and prevention services under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), the State Children’s Health Insurance Program under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.), programs funded by grants under title V of the Social Security Act (42 U.S.C. 701 et seq.), and programs under part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.), and the National Strategy for Suicide Prevention Federal Steering Group; (B) local and national organizations that serve youth at risk for suicide and their families; (C) relevant national medical and other health and education specialty organizations; (D) youth who are at risk for suicide, who have survived suicide attempts, or who are currently receiving care from early intervention services; (E) families and friends of youth who are at risk for suicide, who have survived suicide attempts, who are currently receiving care from early intervention and prevention services, or who have completed suicide; (F) qualified professionals who possess the specialized knowledge, skills, experience, and relevant attributes needed to serve youth at risk for suicide and their families; and (G) third-party payers, managed care organizations, and related commercial industries. (2) Policy development \nThe Secretary shall coordinate and collaborate on policy development at the Federal and State levels and with the private sector, including consumer, medical, suicide prevention advocacy groups, and other health and education professional-based organizations, with respect to statewide youth suicide early intervention and prevention strategies. (d) Rule of construction; religious accommodation \nNothing in this section shall be construed to preempt any State law, including any State law that does not require the suicide early intervention for youth whose parents or legal guardians object to such early intervention based on the parents’ or legal guardians’ religious beliefs. (e) Evaluation \n(1) In general \nThe Secretary shall conduct an evaluation to analyze the effectiveness and efficacy of the activities conducted with grants under this section. (2) Report \nNot later than 2 years after the date of enactment of this section, the Secretary shall submit to the appropriate committees of Congress a report concerning the results of the evaluation conducted under paragraph (1). (f) Definitions \nIn this section: (1) Best evidence-based \nThe term best evidence-based with respect to programs, means programs that have undergone scientific evaluation and have proven to be effective. (2) Early intervention \nThe term early intervention means a strategy or approach that is intended to prevent an outcome or to alter the course of an existing condition. (3) Educational institution \nThe term educational institution means a high school, vocational school, or an institution of higher education. (4) Prevention \nThe term prevention means a strategy or approach that reduces the likelihood or risk of onset, or delays the onset, of adverse health problems or reduces the harm resulting from conditions or behaviors. (5) School \nThe term school means a nonprofit institutional day or residential school that provides an elementary, middle, or secondary education, as determined under applicable State law, except that such term does not include any education beyond the 12th grade. (6) Youth \nThe term youth means individuals who are between 6 and 24 years of age. (g) Authorization of appropriations \n(1) Statewide youth suicide early intervention and prevention strategies \nFor the purpose of carrying out subsection (a), there are authorized to be appropriated $25,000,000 for fiscal year 2005, $25,000,000 for fiscal year 2006, $25,000,000 for fiscal year 2007, and such sums as may be necessary for each subsequent fiscal year. (2) Technical assistance, data management, and research \nFor the purpose of carrying out subsection (b), there are authorized to be appropriated $5,000,000 for fiscal year 2005, $5,000,000 for fiscal year 2006, $5,000,000 for fiscal year 2007, and such sums as may be necessary for each subsequent fiscal year..", "id": "H8F9BDEC856D64A4A96D487C5B5BAE848", "header": "Amendment to the public health services Act", "nested": [], "links": [] }, { "text": "399O. Suicide prevention for children and adolescents \n(a) Youth suicide early intervention and prevention strategies \n(1) In general \nThe Secretary shall award grants or cooperative agreements to eligible entities to— (A) develop and implement statewide youth suicide early intervention and prevention strategies in schools, educational institutions, juvenile justice systems, substance abuse programs, mental health programs, foster care systems, and other child and youth support organizations; (B) collect and analyze data on statewide youth suicide early intervention and prevention services that can be used to monitor the effectiveness of such services and for research, technical assistance, and policy development; and (C) assist States, through statewide youth suicide early intervention and prevention strategies, in achieving their targets for youth suicide reductions under title V of the Social Security Act (42 U.S.C. 701 et seq.). (2) Eligible entity defined \nIn this subsection, the term eligible entity means a State, political subdivision of a State, federally-recognized Indian tribe, tribal organization, public organization, or private nonprofit organization actively involved in youth suicide early intervention and prevention activities and in the development and continuation of statewide youth suicide early intervention and prevention strategies. (3) Preference \nThe Secretary shall give preference to eligible entities that— (A) provide early intervention services to youth in, and that are integrated with, school systems, educational institutions, juvenile justice systems, substance abuse programs, mental health programs, foster care systems, and other child and youth support organizations; (B) demonstrate collaboration among early intervention and prevention services or certify that entities will engage in future collaboration; (C) employ or include in their applications a commitment to engage in an evaluative process the best evidence-based or promising youth suicide early intervention and prevention practices and strategies adapted to the local community; (D) provide for the timely assessment of youth who are at risk for emotional disorders which may lead to suicide attempts; (E) provide timely referrals for appropriate community-based mental health care and treatment of youth in all child-serving settings and agencies who are at risk for suicide; (F) provide immediate support and information resources to families of youth who are at risk for emotional behavioral disorders which may lead to suicide attempts; (G) offer equal access to services and care to youth with diverse linguistic and cultural backgrounds; (H) offer appropriate postvention services, care, and information to families, friends, schools, educational institutions, juvenile justice systems, substance abuse programs, mental health programs, foster care systems, and other child and youth support organizations of youth who recently completed suicide; (I) offer continuous and up-to-date information and awareness campaigns that target parents, family members, child care professionals, community care providers, and the general public and highlight the risk factors associated with youth suicide and the life-saving help and care available from early intervention and prevention services; (J) ensure that information and awareness campaigns on youth suicide risk factors, and early intervention and prevention services, use effective communication mechanisms that are targeted to and reach youth, families, schools, educational institutions, and youth organizations; (K) provide a timely response system to ensure that child-serving professionals and providers are properly trained in youth suicide early intervention and prevention strategies and that child-serving professionals and providers involved in early intervention and prevention services are properly trained in effectively identifying youth who are at risk for suicide; (L) provide continuous training activities for child care professionals and community care providers on the latest best evidence-based youth suicide early intervention and prevention services practices and strategies; and (M) work with interested families and advocacy organizations to conduct annual self-evaluations of outcomes and activities on the State level, according to standards established by the Secretary. (b) Technical assistance, data management, and research \n(1) Technical assistance and data management \n(A) In general \nThe Secretary shall award technical assistance grants and cooperative agreements to State agencies to conduct assessments independently or in collaboration with educational institutions related to the development of statewide youth suicide early intervention and prevention strategies. (B) Authorized activities \nGrants awarded under subparagraph (A) shall be used to establish programs for the development of standardized procedures for data management, such as— (i) ensuring the quality surveillance of youth suicide early intervention and prevention strategies; (ii) providing technical assistance on data collection and management; (iii) studying the costs and effectiveness of statewide youth suicide early intervention and prevention strategies in order to answer relevant issues of importance to State and national policymakers; (iv) further identifying and understanding causes of and associated risk factors for youth suicide; (v) ensuring the quality surveillance of suicidal behaviors and nonfatal suicidal attempts; (vi) studying the effectiveness of statewide youth suicide early intervention and prevention strategies on the overall wellness and health promotion strategies related to suicide attempts; and (vii) promoting the sharing of data regarding youth suicide with Federal agencies involved with youth suicide early intervention and prevention, and statewide youth suicide early intervention and prevention strategies for the purpose of identifying previously unknown mental health causes and associated risk-factors for suicide in youth. (2) Research \n(A) In general \nThe Secretary shall conduct a program of research and development on the efficacy of new and existing youth suicide early intervention techniques and technology, including clinical studies and evaluations of early intervention methods, and related research aimed at reducing youth suicide and offering support for emotional and behavioral disorders which may lead to suicide attempts. (B) Disseminating research \nThe Secretary shall promote the sharing of research and development data developed pursuant to subparagraph (A) with the Federal agencies involved in youth suicide early intervention and prevention, and entities involved in statewide youth suicide early intervention and prevention strategies for the purpose of applying and integrating new techniques and technology into existing statewide youth suicide early intervention and strategies systems. (c) Coordination and collaboration \n(1) In general \nIn carrying out this section, the Secretary shall collaborate and consult with— (A) other Federal agencies and State and local agencies, including agencies responsible for early intervention and prevention services under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), the State Children’s Health Insurance Program under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.), programs funded by grants under title V of the Social Security Act (42 U.S.C. 701 et seq.), and programs under part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.), and the National Strategy for Suicide Prevention Federal Steering Group; (B) local and national organizations that serve youth at risk for suicide and their families; (C) relevant national medical and other health and education specialty organizations; (D) youth who are at risk for suicide, who have survived suicide attempts, or who are currently receiving care from early intervention services; (E) families and friends of youth who are at risk for suicide, who have survived suicide attempts, who are currently receiving care from early intervention and prevention services, or who have completed suicide; (F) qualified professionals who possess the specialized knowledge, skills, experience, and relevant attributes needed to serve youth at risk for suicide and their families; and (G) third-party payers, managed care organizations, and related commercial industries. (2) Policy development \nThe Secretary shall coordinate and collaborate on policy development at the Federal and State levels and with the private sector, including consumer, medical, suicide prevention advocacy groups, and other health and education professional-based organizations, with respect to statewide youth suicide early intervention and prevention strategies. (d) Rule of construction; religious accommodation \nNothing in this section shall be construed to preempt any State law, including any State law that does not require the suicide early intervention for youth whose parents or legal guardians object to such early intervention based on the parents’ or legal guardians’ religious beliefs. (e) Evaluation \n(1) In general \nThe Secretary shall conduct an evaluation to analyze the effectiveness and efficacy of the activities conducted with grants under this section. (2) Report \nNot later than 2 years after the date of enactment of this section, the Secretary shall submit to the appropriate committees of Congress a report concerning the results of the evaluation conducted under paragraph (1). (f) Definitions \nIn this section: (1) Best evidence-based \nThe term best evidence-based with respect to programs, means programs that have undergone scientific evaluation and have proven to be effective. (2) Early intervention \nThe term early intervention means a strategy or approach that is intended to prevent an outcome or to alter the course of an existing condition. (3) Educational institution \nThe term educational institution means a high school, vocational school, or an institution of higher education. (4) Prevention \nThe term prevention means a strategy or approach that reduces the likelihood or risk of onset, or delays the onset, of adverse health problems or reduces the harm resulting from conditions or behaviors. (5) School \nThe term school means a nonprofit institutional day or residential school that provides an elementary, middle, or secondary education, as determined under applicable State law, except that such term does not include any education beyond the 12th grade. (6) Youth \nThe term youth means individuals who are between 6 and 24 years of age. (g) Authorization of appropriations \n(1) Statewide youth suicide early intervention and prevention strategies \nFor the purpose of carrying out subsection (a), there are authorized to be appropriated $25,000,000 for fiscal year 2005, $25,000,000 for fiscal year 2006, $25,000,000 for fiscal year 2007, and such sums as may be necessary for each subsequent fiscal year. (2) Technical assistance, data management, and research \nFor the purpose of carrying out subsection (b), there are authorized to be appropriated $5,000,000 for fiscal year 2005, $5,000,000 for fiscal year 2006, $5,000,000 for fiscal year 2007, and such sums as may be necessary for each subsequent fiscal year.", "id": "H35E68B310FAB47B9AD00FBD85284359E", "header": "Suicide prevention for children and adolescents", "nested": [ { "text": "(a) Youth suicide early intervention and prevention strategies \n(1) In general \nThe Secretary shall award grants or cooperative agreements to eligible entities to— (A) develop and implement statewide youth suicide early intervention and prevention strategies in schools, educational institutions, juvenile justice systems, substance abuse programs, mental health programs, foster care systems, and other child and youth support organizations; (B) collect and analyze data on statewide youth suicide early intervention and prevention services that can be used to monitor the effectiveness of such services and for research, technical assistance, and policy development; and (C) assist States, through statewide youth suicide early intervention and prevention strategies, in achieving their targets for youth suicide reductions under title V of the Social Security Act (42 U.S.C. 701 et seq.). (2) Eligible entity defined \nIn this subsection, the term eligible entity means a State, political subdivision of a State, federally-recognized Indian tribe, tribal organization, public organization, or private nonprofit organization actively involved in youth suicide early intervention and prevention activities and in the development and continuation of statewide youth suicide early intervention and prevention strategies. (3) Preference \nThe Secretary shall give preference to eligible entities that— (A) provide early intervention services to youth in, and that are integrated with, school systems, educational institutions, juvenile justice systems, substance abuse programs, mental health programs, foster care systems, and other child and youth support organizations; (B) demonstrate collaboration among early intervention and prevention services or certify that entities will engage in future collaboration; (C) employ or include in their applications a commitment to engage in an evaluative process the best evidence-based or promising youth suicide early intervention and prevention practices and strategies adapted to the local community; (D) provide for the timely assessment of youth who are at risk for emotional disorders which may lead to suicide attempts; (E) provide timely referrals for appropriate community-based mental health care and treatment of youth in all child-serving settings and agencies who are at risk for suicide; (F) provide immediate support and information resources to families of youth who are at risk for emotional behavioral disorders which may lead to suicide attempts; (G) offer equal access to services and care to youth with diverse linguistic and cultural backgrounds; (H) offer appropriate postvention services, care, and information to families, friends, schools, educational institutions, juvenile justice systems, substance abuse programs, mental health programs, foster care systems, and other child and youth support organizations of youth who recently completed suicide; (I) offer continuous and up-to-date information and awareness campaigns that target parents, family members, child care professionals, community care providers, and the general public and highlight the risk factors associated with youth suicide and the life-saving help and care available from early intervention and prevention services; (J) ensure that information and awareness campaigns on youth suicide risk factors, and early intervention and prevention services, use effective communication mechanisms that are targeted to and reach youth, families, schools, educational institutions, and youth organizations; (K) provide a timely response system to ensure that child-serving professionals and providers are properly trained in youth suicide early intervention and prevention strategies and that child-serving professionals and providers involved in early intervention and prevention services are properly trained in effectively identifying youth who are at risk for suicide; (L) provide continuous training activities for child care professionals and community care providers on the latest best evidence-based youth suicide early intervention and prevention services practices and strategies; and (M) work with interested families and advocacy organizations to conduct annual self-evaluations of outcomes and activities on the State level, according to standards established by the Secretary.", "id": "H4C3FF556A9424227B314A07FF9A984F6", "header": "Youth suicide early intervention and prevention strategies", "nested": [], "links": [] }, { "text": "(b) Technical assistance, data management, and research \n(1) Technical assistance and data management \n(A) In general \nThe Secretary shall award technical assistance grants and cooperative agreements to State agencies to conduct assessments independently or in collaboration with educational institutions related to the development of statewide youth suicide early intervention and prevention strategies. (B) Authorized activities \nGrants awarded under subparagraph (A) shall be used to establish programs for the development of standardized procedures for data management, such as— (i) ensuring the quality surveillance of youth suicide early intervention and prevention strategies; (ii) providing technical assistance on data collection and management; (iii) studying the costs and effectiveness of statewide youth suicide early intervention and prevention strategies in order to answer relevant issues of importance to State and national policymakers; (iv) further identifying and understanding causes of and associated risk factors for youth suicide; (v) ensuring the quality surveillance of suicidal behaviors and nonfatal suicidal attempts; (vi) studying the effectiveness of statewide youth suicide early intervention and prevention strategies on the overall wellness and health promotion strategies related to suicide attempts; and (vii) promoting the sharing of data regarding youth suicide with Federal agencies involved with youth suicide early intervention and prevention, and statewide youth suicide early intervention and prevention strategies for the purpose of identifying previously unknown mental health causes and associated risk-factors for suicide in youth. (2) Research \n(A) In general \nThe Secretary shall conduct a program of research and development on the efficacy of new and existing youth suicide early intervention techniques and technology, including clinical studies and evaluations of early intervention methods, and related research aimed at reducing youth suicide and offering support for emotional and behavioral disorders which may lead to suicide attempts. (B) Disseminating research \nThe Secretary shall promote the sharing of research and development data developed pursuant to subparagraph (A) with the Federal agencies involved in youth suicide early intervention and prevention, and entities involved in statewide youth suicide early intervention and prevention strategies for the purpose of applying and integrating new techniques and technology into existing statewide youth suicide early intervention and strategies systems.", "id": "H1B7AB0F3CFA04218A3C51340568C1B8F", "header": "Technical assistance, data management, and research", "nested": [], "links": [] }, { "text": "(c) Coordination and collaboration \n(1) In general \nIn carrying out this section, the Secretary shall collaborate and consult with— (A) other Federal agencies and State and local agencies, including agencies responsible for early intervention and prevention services under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), the State Children’s Health Insurance Program under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.), programs funded by grants under title V of the Social Security Act (42 U.S.C. 701 et seq.), and programs under part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.), and the National Strategy for Suicide Prevention Federal Steering Group; (B) local and national organizations that serve youth at risk for suicide and their families; (C) relevant national medical and other health and education specialty organizations; (D) youth who are at risk for suicide, who have survived suicide attempts, or who are currently receiving care from early intervention services; (E) families and friends of youth who are at risk for suicide, who have survived suicide attempts, who are currently receiving care from early intervention and prevention services, or who have completed suicide; (F) qualified professionals who possess the specialized knowledge, skills, experience, and relevant attributes needed to serve youth at risk for suicide and their families; and (G) third-party payers, managed care organizations, and related commercial industries. (2) Policy development \nThe Secretary shall coordinate and collaborate on policy development at the Federal and State levels and with the private sector, including consumer, medical, suicide prevention advocacy groups, and other health and education professional-based organizations, with respect to statewide youth suicide early intervention and prevention strategies.", "id": "HD75ED77E0040492D969998355F913C2E", "header": "Coordination and collaboration", "nested": [], "links": [] }, { "text": "(d) Rule of construction; religious accommodation \nNothing in this section shall be construed to preempt any State law, including any State law that does not require the suicide early intervention for youth whose parents or legal guardians object to such early intervention based on the parents’ or legal guardians’ religious beliefs.", "id": "HA10B4760C72841F4A1E4901D228DB15", "header": "Rule of construction; religious accommodation", "nested": [], "links": [] }, { "text": "(e) Evaluation \n(1) In general \nThe Secretary shall conduct an evaluation to analyze the effectiveness and efficacy of the activities conducted with grants under this section. (2) Report \nNot later than 2 years after the date of enactment of this section, the Secretary shall submit to the appropriate committees of Congress a report concerning the results of the evaluation conducted under paragraph (1).", "id": "H47023A76288C4763B38ECB28F148FF93", "header": "Evaluation", "nested": [], "links": [] }, { "text": "(f) Definitions \nIn this section: (1) Best evidence-based \nThe term best evidence-based with respect to programs, means programs that have undergone scientific evaluation and have proven to be effective. (2) Early intervention \nThe term early intervention means a strategy or approach that is intended to prevent an outcome or to alter the course of an existing condition. (3) Educational institution \nThe term educational institution means a high school, vocational school, or an institution of higher education. (4) Prevention \nThe term prevention means a strategy or approach that reduces the likelihood or risk of onset, or delays the onset, of adverse health problems or reduces the harm resulting from conditions or behaviors. (5) School \nThe term school means a nonprofit institutional day or residential school that provides an elementary, middle, or secondary education, as determined under applicable State law, except that such term does not include any education beyond the 12th grade. (6) Youth \nThe term youth means individuals who are between 6 and 24 years of age.", "id": "HC129D3AC66724D43B8D1C7DA74CD3DA4", "header": "Definitions", "nested": [], "links": [] }, { "text": "(g) Authorization of appropriations \n(1) Statewide youth suicide early intervention and prevention strategies \nFor the purpose of carrying out subsection (a), there are authorized to be appropriated $25,000,000 for fiscal year 2005, $25,000,000 for fiscal year 2006, $25,000,000 for fiscal year 2007, and such sums as may be necessary for each subsequent fiscal year. (2) Technical assistance, data management, and research \nFor the purpose of carrying out subsection (b), there are authorized to be appropriated $5,000,000 for fiscal year 2005, $5,000,000 for fiscal year 2006, $5,000,000 for fiscal year 2007, and such sums as may be necessary for each subsequent fiscal year.", "id": "H00F402F1653F4021AC82AADE25D2B950", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] } ]

[ "Energy and Commerce Committee" ]

[ { "text": "1. Short Title \nThis Act may be cited as the.", "id": "H2505185156F74AECA57700267E8BC4F6", "header": "Short Title", "nested": [], "links": [] }, { "text": "2. Additional Requirements for Voting Systems \n(a) Production of Permanent, Individually Verifiable Paper Record of Each Vote Cast \nSection 301(a)(2)(B) of the Help America Vote Act of 2002 ( 42 U.S.C. 15481(a)(2)(B) ) is amended— (1) by redesignating clause (iii) as clause (iv); and (2) by striking clauses (i) and (ii) and inserting the following: (i) After the voter enters a vote on the voting system, the system shall provide the voter with an auditable paper record showing how the vote will be recorded by the system, and the voter shall use such record to verify that the vote shown is the vote the voter intends to cast. (ii) If the voter does not verify that the vote shown on a record provided under clause (i) is the vote the voter intends to cast, the system shall provide the voter with the opportunity to change the ballot and correct any error in the vote, and shall provide the voter with a new auditable paper record under such clause that reflects the change or correction made by the voter. (iii) Once a voter verifies that the vote shown on a paper record provided under clause (i) is the vote the voter intends to cast (whether verified as originally entered or as changed and corrected as described in clause (ii)), the vote shall be final and the record shall serve as a permanent paper record of the vote.. (b) Prohibiting Removal of Paper Record From Polling Place; Clarifying Purposes For Which Record May Be Used \nClause (iv) of section 301(a)(2)(B) of such Act ( 42 U.S.C. 15481(a)(2)(B) ), as redesignated by subsection (a)(1), is amended by striking the period at the end and inserting the following: , and for such other official purposes as may be provided under State law, and may be removed from the polling place by and otherwise made available to an appropriate election official for such purposes, but the record (including any duplicate of the record or any photographic image of the record) may not be removed from the polling place by any other person or for any other purpose.. (c) Requiring Voluntary Voting System Guidelines to Include Guidelines to Ensure Security of Electronic Data \nSection 221(b)(1) of such Act ( 42 U.S.C. 15361(b)(1) ) is amended by striking the period at the end and inserting the following: , including guidelines to ensure the security of any data which is transmitted or received electronically by voting systems.", "id": "H650D5CFF955140378098F33900F2D2F0", "header": "Additional Requirements for Voting Systems", "nested": [ { "text": "(a) Production of Permanent, Individually Verifiable Paper Record of Each Vote Cast \nSection 301(a)(2)(B) of the Help America Vote Act of 2002 ( 42 U.S.C. 15481(a)(2)(B) ) is amended— (1) by redesignating clause (iii) as clause (iv); and (2) by striking clauses (i) and (ii) and inserting the following: (i) After the voter enters a vote on the voting system, the system shall provide the voter with an auditable paper record showing how the vote will be recorded by the system, and the voter shall use such record to verify that the vote shown is the vote the voter intends to cast. (ii) If the voter does not verify that the vote shown on a record provided under clause (i) is the vote the voter intends to cast, the system shall provide the voter with the opportunity to change the ballot and correct any error in the vote, and shall provide the voter with a new auditable paper record under such clause that reflects the change or correction made by the voter. (iii) Once a voter verifies that the vote shown on a paper record provided under clause (i) is the vote the voter intends to cast (whether verified as originally entered or as changed and corrected as described in clause (ii)), the vote shall be final and the record shall serve as a permanent paper record of the vote..", "id": "H6DA1E2E4987040158E1282AAA8616B10", "header": "Production of Permanent, Individually Verifiable Paper Record of Each Vote Cast", "nested": [], "links": [ { "text": "42 U.S.C. 15481(a)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/42/15481" } ] }, { "text": "(b) Prohibiting Removal of Paper Record From Polling Place; Clarifying Purposes For Which Record May Be Used \nClause (iv) of section 301(a)(2)(B) of such Act ( 42 U.S.C. 15481(a)(2)(B) ), as redesignated by subsection (a)(1), is amended by striking the period at the end and inserting the following: , and for such other official purposes as may be provided under State law, and may be removed from the polling place by and otherwise made available to an appropriate election official for such purposes, but the record (including any duplicate of the record or any photographic image of the record) may not be removed from the polling place by any other person or for any other purpose..", "id": "HE4B348CE42594221BBC0BA4406924717", "header": "Prohibiting Removal of Paper Record From Polling Place; Clarifying Purposes For Which Record May Be Used", "nested": [], "links": [ { "text": "42 U.S.C. 15481(a)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/42/15481" } ] }, { "text": "(c) Requiring Voluntary Voting System Guidelines to Include Guidelines to Ensure Security of Electronic Data \nSection 221(b)(1) of such Act ( 42 U.S.C. 15361(b)(1) ) is amended by striking the period at the end and inserting the following: , including guidelines to ensure the security of any data which is transmitted or received electronically by voting systems.", "id": "HD1AE909A7D324489965F94FB102744FC", "header": "Requiring Voluntary Voting System Guidelines to Include Guidelines to Ensure Security of Electronic Data", "nested": [], "links": [ { "text": "42 U.S.C. 15361(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/15361" } ] } ], "links": [ { "text": "42 U.S.C. 15481(a)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/42/15481" }, { "text": "42 U.S.C. 15481(a)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/42/15481" }, { "text": "42 U.S.C. 15361(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/15361" } ] }, { "text": "3. Effective Date \nThe amendments made by this Act shall take effect as if included in the enactment of the Help America Vote Act of 2002.", "id": "H932D414583B142818ECB043BCC1BC3", "header": "Effective Date", "nested": [], "links": [] } ]

[ "Committee on House Administration" ]

[ { "text": "1. Short title \nThis Act may be cited as the Disaster Area Health and Environmental Monitoring Act of 2004.", "id": "H3F890AC730A54F88A1FCEACBA639739", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Protection of health and safety of individuals in a disaster area \nTitle IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act is amended by inserting after section 408 ( 42 U.S.C. 5174 ) the following: 409. Protection of health and safety of individuals in a disaster area \n(a) Definitions \nIn this section: (1) Individual \nThe term individual includes— (A) a worker or volunteer who responds to a disaster, including— (i) a police officer; (ii) a firefighter; (iii) an emergency medical technician; (iv) any participating member of an urban search and rescue team; and (v) any other relief or rescue worker or volunteer that the President determines to be appropriate; (B) a worker who responds to a disaster by assisting in the cleanup or restoration of critical infrastructure in and around a disaster area; (C) a person whose place of residence is in a disaster area; (D) a person who is employed in or attends school, child care, or adult day care in a building located in a disaster area; and (E) any other person that the President determines to be appropriate. (2) Program \nThe term program means a program described in subsection (b) that is carried out for a disaster area. (3) Substance of concern \nThe term substance of concern means a chemical or other substance that is associated with potential acute or chronic human health effects, the risk of exposure to which could potentially be increased as the result of a disaster, as determined by the President. (b) Program \n(1) In general \nIf the President determines that 1 or more substances of concern are being, or have been, released in an area declared to be a disaster area under this Act, the President may carry out a program for the protection, assessment, monitoring, and study of the health and safety of individuals to ensure that— (A) the individuals are adequately informed about and protected against potential health impacts of any substance of concern and potential mental health impacts in a timely manner; (B) the individuals are monitored and studied over time, including through baseline and followup clinical health examinations, for— (i) any short- and long-term health impacts of any substance of concern; and (ii) any mental health impacts; (C) the individuals receive health care referrals as needed and appropriate; and (D) information from any such monitoring and studies is used to prevent or protect against similar health impacts from future disasters. (2) Activities \nA program under paragraph (1) may include such activities as— (A) collecting and analyzing environmental exposure data; (B) developing and disseminating information and educational materials; (C) performing baseline and followup clinical health and mental health examinations and taking biological samples; (D) establishing and maintaining an exposure registry; (E) studying the short- and long-term human health impacts of any exposures through epidemiological and other health studies; and (F) providing assistance to individuals in determining eligibility for health coverage and identifying appropriate health services. (3) Timing \nTo the maximum extent practicable, activities under any program established under paragraph (1) (including baseline health examinations) shall be commenced in a timely manner that will ensure the highest level of public health protection and effective monitoring. (4) Participation in registries and studies \n(A) In general \nParticipation in any registry or study that is part of a program under paragraph (1) shall be voluntary. (B) Protection of privacy \nThe President shall take appropriate measures to protect the privacy of any participant in a registry or study described in subparagraph (A). (5) Cooperative agreements \n(A) In general \nThe President may carry out a program under paragraph (1) through a cooperative agreement with a medical institution, including a local health department, or a consortium of medical institutions. (B) Selection criteria \nTo the maximum extent practicable, the President shall select to carry out a program under paragraph (1) a medical institution or a consortium of medical institutions that— (i) is located near— (I) the disaster area with respect to which the program is carried out; and (II) any other area in which there reside groups of individuals that worked or volunteered in response to the disaster; and (ii) has appropriate experience in the areas of environmental or occupational health, toxicology, and safety, including experience in— (I) developing clinical protocols and conducting clinical health examinations, including mental health assessments; (II) conducting long-term health monitoring and epidemiological studies; (III) conducting long-term mental health studies; and (IV) establishing and maintaining medical surveillance programs and environmental exposure or disease registries. (6) Involvement \n(A) In general \nIn establishing and maintaining a program under paragraph (1), the President shall involve interested and affected parties, as appropriate, including representatives of— (i) Federal, State, and local government agencies; (ii) groups of individuals that worked or volunteered in response to the disaster in the disaster area; (iii) local residents, businesses, and schools (including parents and teachers); (iv) health care providers; and (v) other organizations and persons. (B) Committees \nInvolvement under subparagraph (A) may be provided through the establishment of an advisory or oversight committee or board. (7) Privacy \nThe President shall carry out each program under paragraph (1) in accordance with regulations relating to privacy promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 note; Public Law 104–191 ). (c) Reports \nNot later than 1 year after the establishment of a program under subsection (b)(1), and every 5 years thereafter, the President, or the medical institution or consortium of such institutions having entered into a cooperative agreement under subsection (b)(5), shall submit to the Secretary of Homeland Security, the Secretary of Health and Human Services, the Secretary of Labor, the Administrator of the Environmental Protection Agency, and appropriate committees of Congress a report on programs and studies carried out under the program..", "id": "H32E9B634DD374269ACDA241CE8476454", "header": "Protection of health and safety of individuals in a disaster area", "nested": [], "links": [ { "text": "42 U.S.C. 5174", "legal-doc": "usc", "parsable-cite": "usc/42/5174" }, { "text": "42 U.S.C. 1320d–2", "legal-doc": "usc", "parsable-cite": "usc/42/1320d-2" }, { "text": "Public Law 104–191", "legal-doc": "public-law", "parsable-cite": "pl/104/191" } ] }, { "text": "409. Protection of health and safety of individuals in a disaster area \n(a) Definitions \nIn this section: (1) Individual \nThe term individual includes— (A) a worker or volunteer who responds to a disaster, including— (i) a police officer; (ii) a firefighter; (iii) an emergency medical technician; (iv) any participating member of an urban search and rescue team; and (v) any other relief or rescue worker or volunteer that the President determines to be appropriate; (B) a worker who responds to a disaster by assisting in the cleanup or restoration of critical infrastructure in and around a disaster area; (C) a person whose place of residence is in a disaster area; (D) a person who is employed in or attends school, child care, or adult day care in a building located in a disaster area; and (E) any other person that the President determines to be appropriate. (2) Program \nThe term program means a program described in subsection (b) that is carried out for a disaster area. (3) Substance of concern \nThe term substance of concern means a chemical or other substance that is associated with potential acute or chronic human health effects, the risk of exposure to which could potentially be increased as the result of a disaster, as determined by the President. (b) Program \n(1) In general \nIf the President determines that 1 or more substances of concern are being, or have been, released in an area declared to be a disaster area under this Act, the President may carry out a program for the protection, assessment, monitoring, and study of the health and safety of individuals to ensure that— (A) the individuals are adequately informed about and protected against potential health impacts of any substance of concern and potential mental health impacts in a timely manner; (B) the individuals are monitored and studied over time, including through baseline and followup clinical health examinations, for— (i) any short- and long-term health impacts of any substance of concern; and (ii) any mental health impacts; (C) the individuals receive health care referrals as needed and appropriate; and (D) information from any such monitoring and studies is used to prevent or protect against similar health impacts from future disasters. (2) Activities \nA program under paragraph (1) may include such activities as— (A) collecting and analyzing environmental exposure data; (B) developing and disseminating information and educational materials; (C) performing baseline and followup clinical health and mental health examinations and taking biological samples; (D) establishing and maintaining an exposure registry; (E) studying the short- and long-term human health impacts of any exposures through epidemiological and other health studies; and (F) providing assistance to individuals in determining eligibility for health coverage and identifying appropriate health services. (3) Timing \nTo the maximum extent practicable, activities under any program established under paragraph (1) (including baseline health examinations) shall be commenced in a timely manner that will ensure the highest level of public health protection and effective monitoring. (4) Participation in registries and studies \n(A) In general \nParticipation in any registry or study that is part of a program under paragraph (1) shall be voluntary. (B) Protection of privacy \nThe President shall take appropriate measures to protect the privacy of any participant in a registry or study described in subparagraph (A). (5) Cooperative agreements \n(A) In general \nThe President may carry out a program under paragraph (1) through a cooperative agreement with a medical institution, including a local health department, or a consortium of medical institutions. (B) Selection criteria \nTo the maximum extent practicable, the President shall select to carry out a program under paragraph (1) a medical institution or a consortium of medical institutions that— (i) is located near— (I) the disaster area with respect to which the program is carried out; and (II) any other area in which there reside groups of individuals that worked or volunteered in response to the disaster; and (ii) has appropriate experience in the areas of environmental or occupational health, toxicology, and safety, including experience in— (I) developing clinical protocols and conducting clinical health examinations, including mental health assessments; (II) conducting long-term health monitoring and epidemiological studies; (III) conducting long-term mental health studies; and (IV) establishing and maintaining medical surveillance programs and environmental exposure or disease registries. (6) Involvement \n(A) In general \nIn establishing and maintaining a program under paragraph (1), the President shall involve interested and affected parties, as appropriate, including representatives of— (i) Federal, State, and local government agencies; (ii) groups of individuals that worked or volunteered in response to the disaster in the disaster area; (iii) local residents, businesses, and schools (including parents and teachers); (iv) health care providers; and (v) other organizations and persons. (B) Committees \nInvolvement under subparagraph (A) may be provided through the establishment of an advisory or oversight committee or board. (7) Privacy \nThe President shall carry out each program under paragraph (1) in accordance with regulations relating to privacy promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 note; Public Law 104–191 ). (c) Reports \nNot later than 1 year after the establishment of a program under subsection (b)(1), and every 5 years thereafter, the President, or the medical institution or consortium of such institutions having entered into a cooperative agreement under subsection (b)(5), shall submit to the Secretary of Homeland Security, the Secretary of Health and Human Services, the Secretary of Labor, the Administrator of the Environmental Protection Agency, and appropriate committees of Congress a report on programs and studies carried out under the program.", "id": "H6CD1669F1E3B4B12B7CD506402E0FC84", "header": "Protection of health and safety of individuals in a disaster area", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Individual \nThe term individual includes— (A) a worker or volunteer who responds to a disaster, including— (i) a police officer; (ii) a firefighter; (iii) an emergency medical technician; (iv) any participating member of an urban search and rescue team; and (v) any other relief or rescue worker or volunteer that the President determines to be appropriate; (B) a worker who responds to a disaster by assisting in the cleanup or restoration of critical infrastructure in and around a disaster area; (C) a person whose place of residence is in a disaster area; (D) a person who is employed in or attends school, child care, or adult day care in a building located in a disaster area; and (E) any other person that the President determines to be appropriate. (2) Program \nThe term program means a program described in subsection (b) that is carried out for a disaster area. (3) Substance of concern \nThe term substance of concern means a chemical or other substance that is associated with potential acute or chronic human health effects, the risk of exposure to which could potentially be increased as the result of a disaster, as determined by the President.", "id": "H18A491D68A0D476E91EE551E63F1FB", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Program \n(1) In general \nIf the President determines that 1 or more substances of concern are being, or have been, released in an area declared to be a disaster area under this Act, the President may carry out a program for the protection, assessment, monitoring, and study of the health and safety of individuals to ensure that— (A) the individuals are adequately informed about and protected against potential health impacts of any substance of concern and potential mental health impacts in a timely manner; (B) the individuals are monitored and studied over time, including through baseline and followup clinical health examinations, for— (i) any short- and long-term health impacts of any substance of concern; and (ii) any mental health impacts; (C) the individuals receive health care referrals as needed and appropriate; and (D) information from any such monitoring and studies is used to prevent or protect against similar health impacts from future disasters. (2) Activities \nA program under paragraph (1) may include such activities as— (A) collecting and analyzing environmental exposure data; (B) developing and disseminating information and educational materials; (C) performing baseline and followup clinical health and mental health examinations and taking biological samples; (D) establishing and maintaining an exposure registry; (E) studying the short- and long-term human health impacts of any exposures through epidemiological and other health studies; and (F) providing assistance to individuals in determining eligibility for health coverage and identifying appropriate health services. (3) Timing \nTo the maximum extent practicable, activities under any program established under paragraph (1) (including baseline health examinations) shall be commenced in a timely manner that will ensure the highest level of public health protection and effective monitoring. (4) Participation in registries and studies \n(A) In general \nParticipation in any registry or study that is part of a program under paragraph (1) shall be voluntary. (B) Protection of privacy \nThe President shall take appropriate measures to protect the privacy of any participant in a registry or study described in subparagraph (A). (5) Cooperative agreements \n(A) In general \nThe President may carry out a program under paragraph (1) through a cooperative agreement with a medical institution, including a local health department, or a consortium of medical institutions. (B) Selection criteria \nTo the maximum extent practicable, the President shall select to carry out a program under paragraph (1) a medical institution or a consortium of medical institutions that— (i) is located near— (I) the disaster area with respect to which the program is carried out; and (II) any other area in which there reside groups of individuals that worked or volunteered in response to the disaster; and (ii) has appropriate experience in the areas of environmental or occupational health, toxicology, and safety, including experience in— (I) developing clinical protocols and conducting clinical health examinations, including mental health assessments; (II) conducting long-term health monitoring and epidemiological studies; (III) conducting long-term mental health studies; and (IV) establishing and maintaining medical surveillance programs and environmental exposure or disease registries. (6) Involvement \n(A) In general \nIn establishing and maintaining a program under paragraph (1), the President shall involve interested and affected parties, as appropriate, including representatives of— (i) Federal, State, and local government agencies; (ii) groups of individuals that worked or volunteered in response to the disaster in the disaster area; (iii) local residents, businesses, and schools (including parents and teachers); (iv) health care providers; and (v) other organizations and persons. (B) Committees \nInvolvement under subparagraph (A) may be provided through the establishment of an advisory or oversight committee or board. (7) Privacy \nThe President shall carry out each program under paragraph (1) in accordance with regulations relating to privacy promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 note; Public Law 104–191 ).", "id": "HDEBF6BE8211D4064AE2C76642D5480CF", "header": "Program", "nested": [], "links": [ { "text": "42 U.S.C. 1320d–2", "legal-doc": "usc", "parsable-cite": "usc/42/1320d-2" }, { "text": "Public Law 104–191", "legal-doc": "public-law", "parsable-cite": "pl/104/191" } ] }, { "text": "(c) Reports \nNot later than 1 year after the establishment of a program under subsection (b)(1), and every 5 years thereafter, the President, or the medical institution or consortium of such institutions having entered into a cooperative agreement under subsection (b)(5), shall submit to the Secretary of Homeland Security, the Secretary of Health and Human Services, the Secretary of Labor, the Administrator of the Environmental Protection Agency, and appropriate committees of Congress a report on programs and studies carried out under the program.", "id": "H2777CC55D1AE44CBB9173C1D7CD1F50", "header": "Reports", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1320d–2", "legal-doc": "usc", "parsable-cite": "usc/42/1320d-2" }, { "text": "Public Law 104–191", "legal-doc": "public-law", "parsable-cite": "pl/104/191" } ] }, { "text": "3. National Academy of Sciences report on disaster area health and environmental protection and monitoring \n(a) In general \nThe Secretary of Homeland Security, the Secretary of Health and Human Services, and the Administrator of the Environmental Protection Agency shall jointly enter into a contract with the National Academy of Sciences to conduct a study and prepare a report on disaster area health and environmental protection and monitoring. (b) Expertise \nThe report under subsection (a) shall be prepared with the participation of individuals who have expertise in— (1) environmental health, safety, and medicine; (2) occupational health, safety, and medicine; (3) clinical medicine, including pediatrics; (4) toxicology; (5) epidemiology; (6) mental health; (7) medical monitoring and surveillance; (8) environmental monitoring and surveillance; (9) environmental and industrial hygiene; (10) emergency planning and preparedness; (11) public outreach and education; (12) State and local health departments; (13) State and local environmental protection departments; (14) functions of workers that respond to disasters, including first responders; and (15) public health and family services. (c) Contents \nThe report under subsection (a) shall provide advice and recommendations regarding protecting and monitoring the health and safety of individuals potentially exposed to any chemical or other substance associated with potential acute or chronic human health effects as the result of a disaster, including advice and recommendations regarding— (1) the establishment of protocols for the monitoring of and response to chemical or substance releases in a disaster area for the purpose of protecting public health and safety, including— (A) chemicals or other substances for which samples should be collected in the event of a disaster, including a terrorist attack; (B) chemical- or substance-specific methods of sample collection, including sampling methodologies and locations; (C) chemical- or substance-specific methods of sample analysis; (D) health-based threshold levels to be used and response actions to be taken in the event that thresholds are exceeded for individual chemicals or other substances; (E) procedures for providing monitoring results to— (i) appropriate Federal, State, and local government agencies; (ii) appropriate response personnel; and (iii) the public; (F) responsibilities of Federal, State and local agencies for— (i) collecting and analyzing samples; (ii) reporting results; and (iii) taking appropriate response actions; and (G) capabilities and capacity within the Federal Government to conduct appropriate environmental monitoring and response in the event of a disaster, including a terrorist attack; and (2) other issues as specified by the Secretary of Homeland Security, the Secretary of Health and Human Services, and the Administrator of the Environmental Protection Agency. (d) Authorization of appropriations \nThere are authorized to be appropriated such sums as are necessary to carry out this section.", "id": "H8516BDB99C6D45478E5E2FA9EF7B8388", "header": "National Academy of Sciences report on disaster area health and environmental protection and monitoring", "nested": [ { "text": "(a) In general \nThe Secretary of Homeland Security, the Secretary of Health and Human Services, and the Administrator of the Environmental Protection Agency shall jointly enter into a contract with the National Academy of Sciences to conduct a study and prepare a report on disaster area health and environmental protection and monitoring.", "id": "H04A83526C44E470E9B68E5004B9FE104", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Expertise \nThe report under subsection (a) shall be prepared with the participation of individuals who have expertise in— (1) environmental health, safety, and medicine; (2) occupational health, safety, and medicine; (3) clinical medicine, including pediatrics; (4) toxicology; (5) epidemiology; (6) mental health; (7) medical monitoring and surveillance; (8) environmental monitoring and surveillance; (9) environmental and industrial hygiene; (10) emergency planning and preparedness; (11) public outreach and education; (12) State and local health departments; (13) State and local environmental protection departments; (14) functions of workers that respond to disasters, including first responders; and (15) public health and family services.", "id": "HF122727C1C0D477F00C2F3FE05B01E7B", "header": "Expertise", "nested": [], "links": [] }, { "text": "(c) Contents \nThe report under subsection (a) shall provide advice and recommendations regarding protecting and monitoring the health and safety of individuals potentially exposed to any chemical or other substance associated with potential acute or chronic human health effects as the result of a disaster, including advice and recommendations regarding— (1) the establishment of protocols for the monitoring of and response to chemical or substance releases in a disaster area for the purpose of protecting public health and safety, including— (A) chemicals or other substances for which samples should be collected in the event of a disaster, including a terrorist attack; (B) chemical- or substance-specific methods of sample collection, including sampling methodologies and locations; (C) chemical- or substance-specific methods of sample analysis; (D) health-based threshold levels to be used and response actions to be taken in the event that thresholds are exceeded for individual chemicals or other substances; (E) procedures for providing monitoring results to— (i) appropriate Federal, State, and local government agencies; (ii) appropriate response personnel; and (iii) the public; (F) responsibilities of Federal, State and local agencies for— (i) collecting and analyzing samples; (ii) reporting results; and (iii) taking appropriate response actions; and (G) capabilities and capacity within the Federal Government to conduct appropriate environmental monitoring and response in the event of a disaster, including a terrorist attack; and (2) other issues as specified by the Secretary of Homeland Security, the Secretary of Health and Human Services, and the Administrator of the Environmental Protection Agency.", "id": "HCBC247CF3392406EBC261968877738CD", "header": "Contents", "nested": [], "links": [] }, { "text": "(d) Authorization of appropriations \nThere are authorized to be appropriated such sums as are necessary to carry out this section.", "id": "HAE54F7D78C1342A18E48EAA46596EE37", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Predisaster hazard mitigation \nSection 203(m) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5133(m) ) is amended by striking December 31, 2003 and inserting September 30, 2006.", "id": "H6DFF0731082844D092561EB7AF15EA9F", "header": "Predisaster hazard mitigation", "nested": [], "links": [ { "text": "42 U.S.C. 5133(m)", "legal-doc": "usc", "parsable-cite": "usc/42/5133" } ] } ]

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

[ { "text": "1. Short title \nThis Act may be cited as the Furthering Education and Research through Mantis Improvements Act or the FERMI Act.", "id": "HF086F0EC55B24A1CAA12C6005FC32DBE", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds the following: (1) One-third of the Nobel Prizes awarded to citizens of the United States have been won by foreign-born individuals who became naturalized citizens before or after winning the award, including Enrico Fermi, who won the Nobel Prize in Physics in 1938, and Albert Einstein, who won the Nobel Prize in Physics in 1921. (2) Individuals wishing to come to the United States as nonimmigrants to study or work temporarily in the life sciences, physical sciences, or engineering are required to undergo and pass a security check known as a Visas Mantis, which is designed to protect against illegal transfers of sensitive technology. Many of these foreign-born individuals subsequently become permanent residents and citizens of the United States. (3) Nonimmigrant alien students earn a high percentage of doctoral degrees conferred in the sciences. A National Science Foundation report in 2002 noted that nonimmigrant aliens account for 30 percent of doctoral degrees conferred in the life sciences, 37 percent conferred in the physical sciences, and 52 percent conferred in engineering. (4) The United States relies heavily upon nonimmigrant alien post-doctoral fellows for university teaching and research. Fifty-six percent of post-doctoral fellows in the life sciences are nonimmigrant aliens, 67 percent in the physical sciences are nonimmigrant aliens, 69 percent in engineering are nonimmigrant aliens. (5) The Council of Graduate Schools reported in March 2004 that 90 percent of United States graduate schools suffered a serious decline in applications from nonimmigrant aliens for the academic year beginning in September 2004. Applications declined across all fields, but most precipitously in the fields subject to Visas Mantis security checks.", "id": "HD234209D71D646E1864D98A8D889003B", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Improvements in the Visas Mantis security check program \n(a) Improved guidance, refinement of Technology Alert List, and data system interoperability \n(1) Improved guidance \nThe Secretary of State, in cooperation with the Secretary of Homeland Security, the Director of the Federal Bureau of Investigation, and the Director of the Office of Science and Technology Policy within the Executive Office of the President, shall provide consular officers with improved guidance regarding the operational structure and requirements of the Visas Mantis security check program, including information regarding— (A) the specific conditions under which a security check should be provided; (B) the specific information required to be submitted by the consular officer to the Department of State to ensure a timely response to a request for a security check; and (C) a method for estimating the approximate processing time for a security check associated with a particular applicant. (2) Refinement of Technology Alert List \nThe Secretary of State, in consultation with the Director of the Office of Science and Technology Policy, shall provide greater specificity in the Technology Alert List used under the Program. (3) Data system interoperability \nThe Secretary of State and the Director of the Federal Bureau of Investigation shall make fully interoperable the data systems used under the Program in order to facilitate the transmission of data between the Department of State and the Federal Bureau of Investigation in conducting the Program. (4) Progress report \nNot later than six months after the date of the enactment of this Act, the Secretary of State shall submit to Congress a report that describes progress made in implementing this subsection. (b) Period and revalidation of security checks; multiple entries under security checks \n(1) Three-year validity period \nExcept as provided in paragraph (5), the validity period of a security check (including a revalidation of a security check) shall be three years. (2) Revalidation permitted in the United States \nExcept as provided in paragraph (5), a security check may be revalidated in the United States on or before the date of the expiration of the previous check. (3) Multiple entries permitted \nExcept as provided in paragraph (5), a nonimmigrant visa for which a security check is required shall be valid for multiple entries in the same manner in which multiple entries are permitted under such a visa for which a security check is not required. (4) Portability of security check across changes in nonimmigrant classification \nExcept as provided in paragraph (5), a security check issued with respect to an individual classified within a nonimmigrant classification shall remain valid with respect to a change of the individual to another nonimmigrant classification so long as the security check approved in connection with the first classification is in substantially the same field as the field involved in the subsequent classification. (5) Exception \nParagraphs (1), (2), (3), and (4) shall not apply with respect to an applicant for a security check insofar as the Secretary of State determines that the application of such paragraph with respect to such applicant is not in the national security interests of the United States. (6) Effective dates \n(A) Validity period and revalidation \nParagraphs (1) and (2), and paragraph (5) insofar as it relates to such paragraphs, shall apply to security checks granted or revalidated on or after such date (not later than 90 days after the date of the enactment of this Act) as the Secretary of State shall specify. (B) Multiple entries \nParagraph (3), and paragraph (5) insofar as it relates to such paragraph, shall apply to visas issued on or after such date (not later than 90 days after the date of the enactment of this Act) as the Secretary of State shall specify. (C) Changes in nonimmigrant classification \nParagraph (4), and paragraph (5) insofar as it relates to such paragraph, shall apply to changes in nonimmigrant classification occurring on or after such date (not later than 90 days after the date of the enactment of this Act) as the Secretary of State shall specify. (c) Annual reports on the operation of the Program \nThe Secretary of State shall submit to Congress an annual report on the Program. Each annual report shall include information on— (1) further progress in implementing subsection (a); (2) the number of individuals in each nonimmigrant visa classification (under section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) )) for whom a security check has been provided, the number of such individuals who have been approved for a visa after such a check, and the distribution of such individuals by country of nationality; and (3) average processing time to complete security checks for applicants in each such nonimmigrant visa classification for each country of nationality. (d) Visas Mantis security check program and check defined \nFor purposes of this section: (1) The terms Visas Mantis security check program and Program mean the program that implements the requirements of section 212(a)(3)(A)(i)(II) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(A)(i)(II) ) (relating to the exclusion of nonimmigrants who may unlawfully export goods, technology, or sensitive information). (2) The term security check means a security clearance under the Program.", "id": "H0D634D3DC34A4834B966BFF5968A188", "header": "Improvements in the Visas Mantis security check program", "nested": [ { "text": "(a) Improved guidance, refinement of Technology Alert List, and data system interoperability \n(1) Improved guidance \nThe Secretary of State, in cooperation with the Secretary of Homeland Security, the Director of the Federal Bureau of Investigation, and the Director of the Office of Science and Technology Policy within the Executive Office of the President, shall provide consular officers with improved guidance regarding the operational structure and requirements of the Visas Mantis security check program, including information regarding— (A) the specific conditions under which a security check should be provided; (B) the specific information required to be submitted by the consular officer to the Department of State to ensure a timely response to a request for a security check; and (C) a method for estimating the approximate processing time for a security check associated with a particular applicant. (2) Refinement of Technology Alert List \nThe Secretary of State, in consultation with the Director of the Office of Science and Technology Policy, shall provide greater specificity in the Technology Alert List used under the Program. (3) Data system interoperability \nThe Secretary of State and the Director of the Federal Bureau of Investigation shall make fully interoperable the data systems used under the Program in order to facilitate the transmission of data between the Department of State and the Federal Bureau of Investigation in conducting the Program. (4) Progress report \nNot later than six months after the date of the enactment of this Act, the Secretary of State shall submit to Congress a report that describes progress made in implementing this subsection.", "id": "HED67E87090314CC6A6673323EC4971CB", "header": "Improved guidance, refinement of Technology Alert List, and data system interoperability", "nested": [], "links": [] }, { "text": "(b) Period and revalidation of security checks; multiple entries under security checks \n(1) Three-year validity period \nExcept as provided in paragraph (5), the validity period of a security check (including a revalidation of a security check) shall be three years. (2) Revalidation permitted in the United States \nExcept as provided in paragraph (5), a security check may be revalidated in the United States on or before the date of the expiration of the previous check. (3) Multiple entries permitted \nExcept as provided in paragraph (5), a nonimmigrant visa for which a security check is required shall be valid for multiple entries in the same manner in which multiple entries are permitted under such a visa for which a security check is not required. (4) Portability of security check across changes in nonimmigrant classification \nExcept as provided in paragraph (5), a security check issued with respect to an individual classified within a nonimmigrant classification shall remain valid with respect to a change of the individual to another nonimmigrant classification so long as the security check approved in connection with the first classification is in substantially the same field as the field involved in the subsequent classification. (5) Exception \nParagraphs (1), (2), (3), and (4) shall not apply with respect to an applicant for a security check insofar as the Secretary of State determines that the application of such paragraph with respect to such applicant is not in the national security interests of the United States. (6) Effective dates \n(A) Validity period and revalidation \nParagraphs (1) and (2), and paragraph (5) insofar as it relates to such paragraphs, shall apply to security checks granted or revalidated on or after such date (not later than 90 days after the date of the enactment of this Act) as the Secretary of State shall specify. (B) Multiple entries \nParagraph (3), and paragraph (5) insofar as it relates to such paragraph, shall apply to visas issued on or after such date (not later than 90 days after the date of the enactment of this Act) as the Secretary of State shall specify. (C) Changes in nonimmigrant classification \nParagraph (4), and paragraph (5) insofar as it relates to such paragraph, shall apply to changes in nonimmigrant classification occurring on or after such date (not later than 90 days after the date of the enactment of this Act) as the Secretary of State shall specify.", "id": "H675B18DAD8DE4C52B0E1969C27A56DFD", "header": "Period and revalidation of security checks; multiple entries under security checks", "nested": [], "links": [] }, { "text": "(c) Annual reports on the operation of the Program \nThe Secretary of State shall submit to Congress an annual report on the Program. Each annual report shall include information on— (1) further progress in implementing subsection (a); (2) the number of individuals in each nonimmigrant visa classification (under section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) )) for whom a security check has been provided, the number of such individuals who have been approved for a visa after such a check, and the distribution of such individuals by country of nationality; and (3) average processing time to complete security checks for applicants in each such nonimmigrant visa classification for each country of nationality.", "id": "H63BE4F24FE3A4D8D8531CF94B94FAA63", "header": "Annual reports on the operation of the Program", "nested": [], "links": [ { "text": "8 U.S.C. 1101(a)(15)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "(d) Visas Mantis security check program and check defined \nFor purposes of this section: (1) The terms Visas Mantis security check program and Program mean the program that implements the requirements of section 212(a)(3)(A)(i)(II) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(A)(i)(II) ) (relating to the exclusion of nonimmigrants who may unlawfully export goods, technology, or sensitive information). (2) The term security check means a security clearance under the Program.", "id": "HC63936F4FC1B4B688D226B20D6F8EB92", "header": "Visas Mantis security check program and check defined", "nested": [], "links": [ { "text": "8 U.S.C. 1182(a)(3)(A)(i)(II)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" } ] } ], "links": [ { "text": "8 U.S.C. 1101(a)(15)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1182(a)(3)(A)(i)(II)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" } ] } ]

[ "Judiciary Committee" ]

[ { "text": "1. Limitation on timing of issuance of H–2B visas during a fiscal year \n(a) In general \nSection 214(g)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1184(g)(1)(B) ) is amended by inserting before the period at the end the following: , and may not exceed one-third of such number during the first 4 months of any fiscal year and two-third of such number during the first 8 months of any fiscal year. (b) Effective date \nThe amendment made by subsection (a) shall apply beginning with fiscal year 2005.", "id": "HFD4437F2A12A4A0C84ED836332B15C08", "header": "Limitation on timing of issuance of H–2B visas during a fiscal year", "nested": [ { "text": "(a) In general \nSection 214(g)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1184(g)(1)(B) ) is amended by inserting before the period at the end the following: , and may not exceed one-third of such number during the first 4 months of any fiscal year and two-third of such number during the first 8 months of any fiscal year.", "id": "HA880947A7A6E44A5AD999904CE778E4E", "header": "In general", "nested": [], "links": [ { "text": "8 U.S.C. 1184(g)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/8/1184" } ] }, { "text": "(b) Effective date \nThe amendment made by subsection (a) shall apply beginning with fiscal year 2005.", "id": "HA9F72FE841F244D18B295E69A16B81D3", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "8 U.S.C. 1184(g)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/8/1184" } ] } ]

[ "Judiciary Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Firearm Theft Prevention Act of 2004.", "id": "H034B5FA34AEA4F10A9A53C4430F115E", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Credit for residential gun safe purchases \n(a) In General \nSubpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25B the following new section: 25C. Residential gun safes \n(a) In General \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 25 percent of the aggregate amount paid or incurred by the taxpayer during the taxable year for one or more qualified residential gun safes. (b) Limitation \nThe credit allowed under subsection (a) for any taxable year shall not exceed $250. (c) Qualified Residential Gun Safes \nFor purposes of this section, the term qualified residential gun safe means any container if such container— (1) is acquired by the taxpayer for the taxpayer’s personal use, (2) is designed to fully contain one or more firearms, (3) includes a secure locking mechanism, (4) is designed to prevent unauthorized access to its contents by children under the age of 18, and (5) is tested and certified by a certification organization that is accredited by an appropriate accreditation organization, such as the American National Standards Institute, as— (A) complying with an appropriate performance standard, such as Underwriters Laboratories (UL) 1037, Standard for Antitheft Alarms and Devices , or (B) being capable of resisting a 5 minute attempt to access the interior of the safe using household tools when the safe is properly installed. For purposes of paragraph (5)(B), the creation of an opening in a safe of less than 4 inches in diameter shall not be treated as having accessed the interior of the safe. (d) Inclusion of Installation Expenses \nFor purposes of this section, any amount paid or incurred by the taxpayer for the installation of a qualified residential gun safe shall be treated as an amount paid or incurred for such safe. (e) Denial of double benefit \nNo deduction or credit shall be allowed under this chapter (other than this section) for any amount taken into account in determining the credit under this section. (f) Married couples must file joint return \nIf the taxpayer is married at the close of the taxable year, the credit shall be allowed under subsection (a) only if the taxpayer and taxpayer’s spouse file a joint return for the taxable year. (g) Election to have credit not apply \nA taxpayer may elect (in such form and manner and at such time as the Secretary may require) to have this section not apply for any taxable year. (h) Regulations \nThe Secretary shall prescribe such regulations as may be necessary to carry out this section, including regulations to carry out subsection (c)(5). (i) Carryforward of unused credits \nIf the credit allowable under subsection (a) for any taxable year exceeds the limitation imposed by section 26(a) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section and sections 23 and 1400C), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. No credit may be carried forward under this subsection to any taxable year following the third taxable year after the taxable year in which the credit arose. For purposes of the preceding sentence, credits shall be treated as used on a first-in-first-out basis.. (b) Clerical Amendment \nThe table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25B the following new item: Sec. 25C. Residential gun safes. (c) Effective Date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2004.", "id": "H82E76E73AC64472C97FD5791329117D4", "header": "Credit for residential gun safe purchases", "nested": [ { "text": "(a) In General \nSubpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25B the following new section: 25C. Residential gun safes \n(a) In General \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 25 percent of the aggregate amount paid or incurred by the taxpayer during the taxable year for one or more qualified residential gun safes. (b) Limitation \nThe credit allowed under subsection (a) for any taxable year shall not exceed $250. (c) Qualified Residential Gun Safes \nFor purposes of this section, the term qualified residential gun safe means any container if such container— (1) is acquired by the taxpayer for the taxpayer’s personal use, (2) is designed to fully contain one or more firearms, (3) includes a secure locking mechanism, (4) is designed to prevent unauthorized access to its contents by children under the age of 18, and (5) is tested and certified by a certification organization that is accredited by an appropriate accreditation organization, such as the American National Standards Institute, as— (A) complying with an appropriate performance standard, such as Underwriters Laboratories (UL) 1037, Standard for Antitheft Alarms and Devices , or (B) being capable of resisting a 5 minute attempt to access the interior of the safe using household tools when the safe is properly installed. For purposes of paragraph (5)(B), the creation of an opening in a safe of less than 4 inches in diameter shall not be treated as having accessed the interior of the safe. (d) Inclusion of Installation Expenses \nFor purposes of this section, any amount paid or incurred by the taxpayer for the installation of a qualified residential gun safe shall be treated as an amount paid or incurred for such safe. (e) Denial of double benefit \nNo deduction or credit shall be allowed under this chapter (other than this section) for any amount taken into account in determining the credit under this section. (f) Married couples must file joint return \nIf the taxpayer is married at the close of the taxable year, the credit shall be allowed under subsection (a) only if the taxpayer and taxpayer’s spouse file a joint return for the taxable year. (g) Election to have credit not apply \nA taxpayer may elect (in such form and manner and at such time as the Secretary may require) to have this section not apply for any taxable year. (h) Regulations \nThe Secretary shall prescribe such regulations as may be necessary to carry out this section, including regulations to carry out subsection (c)(5). (i) Carryforward of unused credits \nIf the credit allowable under subsection (a) for any taxable year exceeds the limitation imposed by section 26(a) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section and sections 23 and 1400C), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. No credit may be carried forward under this subsection to any taxable year following the third taxable year after the taxable year in which the credit arose. For purposes of the preceding sentence, credits shall be treated as used on a first-in-first-out basis..", "id": "HD00CC4D3942B4E0A9DACE5130077534F", "header": "In General", "nested": [], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" } ] }, { "text": "(b) Clerical Amendment \nThe table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25B the following new item: Sec. 25C. Residential gun safes.", "id": "H29C47ADB227349279586E005EB54B2C8", "header": "Clerical Amendment", "nested": [], "links": [] }, { "text": "(c) Effective Date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2004.", "id": "H116E4FE7E926413BAA82655C595E7CC2", "header": "Effective Date", "nested": [], "links": [] } ], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" } ] }, { "text": "25C. Residential gun safes \n(a) In General \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 25 percent of the aggregate amount paid or incurred by the taxpayer during the taxable year for one or more qualified residential gun safes. (b) Limitation \nThe credit allowed under subsection (a) for any taxable year shall not exceed $250. (c) Qualified Residential Gun Safes \nFor purposes of this section, the term qualified residential gun safe means any container if such container— (1) is acquired by the taxpayer for the taxpayer’s personal use, (2) is designed to fully contain one or more firearms, (3) includes a secure locking mechanism, (4) is designed to prevent unauthorized access to its contents by children under the age of 18, and (5) is tested and certified by a certification organization that is accredited by an appropriate accreditation organization, such as the American National Standards Institute, as— (A) complying with an appropriate performance standard, such as Underwriters Laboratories (UL) 1037, Standard for Antitheft Alarms and Devices , or (B) being capable of resisting a 5 minute attempt to access the interior of the safe using household tools when the safe is properly installed. For purposes of paragraph (5)(B), the creation of an opening in a safe of less than 4 inches in diameter shall not be treated as having accessed the interior of the safe. (d) Inclusion of Installation Expenses \nFor purposes of this section, any amount paid or incurred by the taxpayer for the installation of a qualified residential gun safe shall be treated as an amount paid or incurred for such safe. (e) Denial of double benefit \nNo deduction or credit shall be allowed under this chapter (other than this section) for any amount taken into account in determining the credit under this section. (f) Married couples must file joint return \nIf the taxpayer is married at the close of the taxable year, the credit shall be allowed under subsection (a) only if the taxpayer and taxpayer’s spouse file a joint return for the taxable year. (g) Election to have credit not apply \nA taxpayer may elect (in such form and manner and at such time as the Secretary may require) to have this section not apply for any taxable year. (h) Regulations \nThe Secretary shall prescribe such regulations as may be necessary to carry out this section, including regulations to carry out subsection (c)(5). (i) Carryforward of unused credits \nIf the credit allowable under subsection (a) for any taxable year exceeds the limitation imposed by section 26(a) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section and sections 23 and 1400C), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. No credit may be carried forward under this subsection to any taxable year following the third taxable year after the taxable year in which the credit arose. For purposes of the preceding sentence, credits shall be treated as used on a first-in-first-out basis.", "id": "H14E9E93B3B9C4BAD906131AF0263359C", "header": "Residential gun safes", "nested": [ { "text": "(a) In General \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 25 percent of the aggregate amount paid or incurred by the taxpayer during the taxable year for one or more qualified residential gun safes.", "id": "HBB014D70A8484209A8E8A51D91328EDE", "header": "In General", "nested": [], "links": [] }, { "text": "(b) Limitation \nThe credit allowed under subsection (a) for any taxable year shall not exceed $250.", "id": "H674DEFD9525944108C93B6EE834F00B", "header": "Limitation", "nested": [], "links": [] }, { "text": "(c) Qualified Residential Gun Safes \nFor purposes of this section, the term qualified residential gun safe means any container if such container— (1) is acquired by the taxpayer for the taxpayer’s personal use, (2) is designed to fully contain one or more firearms, (3) includes a secure locking mechanism, (4) is designed to prevent unauthorized access to its contents by children under the age of 18, and (5) is tested and certified by a certification organization that is accredited by an appropriate accreditation organization, such as the American National Standards Institute, as— (A) complying with an appropriate performance standard, such as Underwriters Laboratories (UL) 1037, Standard for Antitheft Alarms and Devices , or (B) being capable of resisting a 5 minute attempt to access the interior of the safe using household tools when the safe is properly installed. For purposes of paragraph (5)(B), the creation of an opening in a safe of less than 4 inches in diameter shall not be treated as having accessed the interior of the safe.", "id": "HF99B5C2F453D466A9F18DD017BC84174", "header": "Qualified Residential Gun Safes", "nested": [], "links": [] }, { "text": "(d) Inclusion of Installation Expenses \nFor purposes of this section, any amount paid or incurred by the taxpayer for the installation of a qualified residential gun safe shall be treated as an amount paid or incurred for such safe.", "id": "H75512D79CCF845239BB9DC65DE96969", "header": "Inclusion of Installation Expenses", "nested": [], "links": [] }, { "text": "(e) Denial of double benefit \nNo deduction or credit shall be allowed under this chapter (other than this section) for any amount taken into account in determining the credit under this section.", "id": "HFEC631A4C1B44F9E993B00328650847D", "header": "Denial of double benefit", "nested": [], "links": [] }, { "text": "(f) Married couples must file joint return \nIf the taxpayer is married at the close of the taxable year, the credit shall be allowed under subsection (a) only if the taxpayer and taxpayer’s spouse file a joint return for the taxable year.", "id": "H766790DE4ABA4F168394DB128EF11914", "header": "Married couples must file joint return", "nested": [], "links": [] }, { "text": "(g) Election to have credit not apply \nA taxpayer may elect (in such form and manner and at such time as the Secretary may require) to have this section not apply for any taxable year.", "id": "HB428A677DFAC4E008DEEE4360510E9E4", "header": "Election to have credit not apply", "nested": [], "links": [] }, { "text": "(h) Regulations \nThe Secretary shall prescribe such regulations as may be necessary to carry out this section, including regulations to carry out subsection (c)(5).", "id": "H534CE081DF7343AF9320E02854079C5B", "header": "Regulations", "nested": [], "links": [] }, { "text": "(i) Carryforward of unused credits \nIf the credit allowable under subsection (a) for any taxable year exceeds the limitation imposed by section 26(a) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section and sections 23 and 1400C), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. No credit may be carried forward under this subsection to any taxable year following the third taxable year after the taxable year in which the credit arose. For purposes of the preceding sentence, credits shall be treated as used on a first-in-first-out basis.", "id": "H1EC11E1203D8456384367070E5254B97", "header": "Carryforward of unused credits", "nested": [], "links": [] } ], "links": [] } ]

[ "Ways and Means Committee" ]

[ { "text": "1. Energy security of Israel \n(a) In general \nNotwithstanding any other provision of law, the President may export oil to, or secure oil for, any country pursuant to a bilateral international oil supply agreement entered into by the United States with such country before June 25, 1979, or to any country pursuant to the International Emergency Oil Sharing Plan of the International Energy Agency. (b) Memorandum of agreement \nThe following agreements shall be deemed to have entered into force by operation of law and shall be deemed to have no termination date: (1) The agreement entitled Agreement amending and extending the memorandum of agreement of June 22, 1979 , entered into force November 13, 1994 (TIAS 12580). (2) The agreement entitled Agreement amending the contingency implementing arrangements of October 17, 1980 , entered into force June 27, 1995 (TIAS 12670).", "id": "HA9CC82B684A241EBBD895FAAA53550B3", "header": "Energy security of Israel", "nested": [ { "text": "(a) In general \nNotwithstanding any other provision of law, the President may export oil to, or secure oil for, any country pursuant to a bilateral international oil supply agreement entered into by the United States with such country before June 25, 1979, or to any country pursuant to the International Emergency Oil Sharing Plan of the International Energy Agency.", "id": "H683A769909C0441EBDEBDE666800588D", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Memorandum of agreement \nThe following agreements shall be deemed to have entered into force by operation of law and shall be deemed to have no termination date: (1) The agreement entitled Agreement amending and extending the memorandum of agreement of June 22, 1979 , entered into force November 13, 1994 (TIAS 12580). (2) The agreement entitled Agreement amending the contingency implementing arrangements of October 17, 1980 , entered into force June 27, 1995 (TIAS 12670).", "id": "H4277AFC2E12D4CA4A83BA1CE4F146E1E", "header": "Memorandum of agreement", "nested": [], "links": [] } ], "links": [] } ]

[ "Foreign Affairs Committee" ]