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108hr3888ih | 108 | hr | 3,888 | ih | To prohibit business enterprises that lay-off a greater percentage of their United States workers than workers in other countries from receiving any Federal assistance, and for other purposes. | [
{
"text": "1. General reporting requirements for receipt of federal assistance by business enterprises \n(a) Initial Requirement \nEach Federal department or agency that provides grants, loans, or loan guarantees to business enterprises after the date of the enactment of this Act shall require that, as condition of receipt of a grant, loan, or loan guarantee, a business enterprise shall provide to the department or agency on an annual basis for the duration of the grant, loan, or loan guarantee the following information: (1) The number of individuals employed by the business enterprise in the United States and its territories. (2) The number of individuals employed by the business enterprise outside the United States and its territories. (3) A description of the wages and benefits being provided to the employees of the business enterprise in the United States and its territories. (b) Subsequent Requirement \nBeginning 1 year after the date on which a Federal department or agency provides a grant, loan, or loan guarantee to a business enterprise after the date of the enactment of this Act, the department or agency shall require the business enterprise to provide to the department or agency on an annual basis for the duration of the grant, loan, or loan guarantee a written certification that contains the following information: (1) The percentage of the workforce of the business enterprise employed in the United States or its territories that has been laid off or induced to resign from the business enterprise during the preceding year. (2) The percentage of the total workforce of the business enterprise that has been laid off or induced to resign from the business enterprise during the preceding year.",
"id": "H4B2AE6D0AF384A0B9F67EC8B71266910",
"header": "General reporting requirements for receipt of federal assistance by business enterprises",
"nested": [
{
"text": "(a) Initial Requirement \nEach Federal department or agency that provides grants, loans, or loan guarantees to business enterprises after the date of the enactment of this Act shall require that, as condition of receipt of a grant, loan, or loan guarantee, a business enterprise shall provide to the department or agency on an annual basis for the duration of the grant, loan, or loan guarantee the following information: (1) The number of individuals employed by the business enterprise in the United States and its territories. (2) The number of individuals employed by the business enterprise outside the United States and its territories. (3) A description of the wages and benefits being provided to the employees of the business enterprise in the United States and its territories.",
"id": "H9809A99AECF2427AA24019418BCC54E5",
"header": "Initial Requirement",
"nested": [],
"links": []
},
{
"text": "(b) Subsequent Requirement \nBeginning 1 year after the date on which a Federal department or agency provides a grant, loan, or loan guarantee to a business enterprise after the date of the enactment of this Act, the department or agency shall require the business enterprise to provide to the department or agency on an annual basis for the duration of the grant, loan, or loan guarantee a written certification that contains the following information: (1) The percentage of the workforce of the business enterprise employed in the United States or its territories that has been laid off or induced to resign from the business enterprise during the preceding year. (2) The percentage of the total workforce of the business enterprise that has been laid off or induced to resign from the business enterprise during the preceding year.",
"id": "HD7FE7D8B6D674B68BECC45D51E7DE8C6",
"header": "Subsequent Requirement",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "2. Prohibition on federal assistance to business enterprises that lay off a greater percentage of workers in the united states than in other countries \nNotwithstanding any other provision of law, if, in a written certification provided to a Federal department or agency by a business enterprise under section 1(b), the percentage described in section 1(b)(1) is greater than the percentage described in section 1(b)(2), then the business enterprise shall be ineligible for further assistance from the department or agency, and shall be ineligible for assistance from any other Federal department or agency, unless and until the business enterprise provides to the department or agency involved a new written certification which provides that the percentage of the workforce of the business enterprise employed in the United States or its territories is equal to or greater than such percentage for the year preceding the year for which the written certification under section 1(b) was provided.",
"id": "H3707354A17704B5500951B2BD01067EC",
"header": "Prohibition on federal assistance to business enterprises that lay off a greater percentage of workers in the united states than in other countries",
"nested": [],
"links": []
}
] | 2 | 1. General reporting requirements for receipt of federal assistance by business enterprises
(a) Initial Requirement
Each Federal department or agency that provides grants, loans, or loan guarantees to business enterprises after the date of the enactment of this Act shall require that, as condition of receipt of a grant, loan, or loan guarantee, a business enterprise shall provide to the department or agency on an annual basis for the duration of the grant, loan, or loan guarantee the following information: (1) The number of individuals employed by the business enterprise in the United States and its territories. (2) The number of individuals employed by the business enterprise outside the United States and its territories. (3) A description of the wages and benefits being provided to the employees of the business enterprise in the United States and its territories. (b) Subsequent Requirement
Beginning 1 year after the date on which a Federal department or agency provides a grant, loan, or loan guarantee to a business enterprise after the date of the enactment of this Act, the department or agency shall require the business enterprise to provide to the department or agency on an annual basis for the duration of the grant, loan, or loan guarantee a written certification that contains the following information: (1) The percentage of the workforce of the business enterprise employed in the United States or its territories that has been laid off or induced to resign from the business enterprise during the preceding year. (2) The percentage of the total workforce of the business enterprise that has been laid off or induced to resign from the business enterprise during the preceding year. 2. Prohibition on federal assistance to business enterprises that lay off a greater percentage of workers in the united states than in other countries
Notwithstanding any other provision of law, if, in a written certification provided to a Federal department or agency by a business enterprise under section 1(b), the percentage described in section 1(b)(1) is greater than the percentage described in section 1(b)(2), then the business enterprise shall be ineligible for further assistance from the department or agency, and shall be ineligible for assistance from any other Federal department or agency, unless and until the business enterprise provides to the department or agency involved a new written certification which provides that the percentage of the workforce of the business enterprise employed in the United States or its territories is equal to or greater than such percentage for the year preceding the year for which the written certification under section 1(b) was provided. | 2,708 | [
"Oversight and Accountability Committee"
] |
108hr3965ih | 108 | hr | 3,965 | ih | To authorize the Attorney General to make grants to improve the ability of State and local governments to prevent the abduction of children by family members, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the Family Abduction Prevention Act of 2004.",
"id": "H91DA0AE3A4984011BB42A3C882C345DE",
"header": "Short title",
"nested": [],
"links": []
},
{
"text": "2. Findings \nCongress makes the following findings: (1) Each year more than 203,000 children in the United States (approximately 78 percent of all abducted children) are abducted by a family member, usually a parent. (2) More than half of the parents who abduct their children have a history of alcohol or substance abuse, a criminal record, or a history of violence. (3) The most common motive for family abduction is revenge against the other parent, not protecting the child’s safety. (4) Children who are abducted by family members suffer emotional, psychological, and often physical abuse at the hands of their abductors. (5) Children who are victims of family abductions are forced to leave behind family, friends, their homes, their neighborhoods, their schools, and all that is familiar to them. (6) Children who are victims of family abductions are often told that the parent who did not abduct the child has died, does not love them, or will harm them. (7) Children who are abducted by their parents or other family members are sometimes forced to live in fear of discovery and may be compelled to conceal their true identity, including their real names, family histories, and even their gender. (8) Children who are victims of family abductions are often denied the opportunity to attend school or to receive health and dental care. (9) Child psychologists and law enforcement authorities now classify family abduction as a form of child abuse. (10) Approximately 70 percent of local law enforcement agencies do not have written guidelines for what to do in the event of a family abduction or how to facilitate the recovery of an abducted child. (11) The first few hours of a family abduction are crucial to recovering an abducted child. Valuable hours are lost when law enforcement is not prepared to employ the most effective techniques to locate and recover abducted children. (12) When parents who may be inclined to abduct their own children receive counseling and education on the harm suffered by children under these circumstances, the incidence of family abductions is greatly reduced. (13) Where practiced, the flagging of school records has proven to be an effective tool in assisting law enforcement authorities find abducted children.",
"id": "H3C8A65721E324B519EC1854131A7913B",
"header": "Findings",
"nested": [],
"links": []
},
{
"text": "3. Grants to States \n(a) Matching grants \nThe Attorney General shall make grants to States for projects involving— (1) the extradition of individuals suspected of committing a family abduction back to the State from which the child was taken; (2) the investigation by State and local law enforcement agencies of family abduction cases; (3) the training of State and local law enforcement agencies in responding to family abductions and recovering abducted children, including the development of written guidelines and technical assistance; (4) outreach and media campaigns to educate parents on the dangers of family abductions; and (5) the flagging of school records. (b) Matching requirement \nNot less than 50 percent of the cost of a project for which a grant is made under this section shall be provided by non-Federal sources.",
"id": "H075076D2E2D8432987D2D8D5BDB9146",
"header": "Grants to States",
"nested": [
{
"text": "(a) Matching grants \nThe Attorney General shall make grants to States for projects involving— (1) the extradition of individuals suspected of committing a family abduction back to the State from which the child was taken; (2) the investigation by State and local law enforcement agencies of family abduction cases; (3) the training of State and local law enforcement agencies in responding to family abductions and recovering abducted children, including the development of written guidelines and technical assistance; (4) outreach and media campaigns to educate parents on the dangers of family abductions; and (5) the flagging of school records.",
"id": "H7F6AED8132AE438F945222ECFCBD3B33",
"header": "Matching grants",
"nested": [],
"links": []
},
{
"text": "(b) Matching requirement \nNot less than 50 percent of the cost of a project for which a grant is made under this section shall be provided by non-Federal sources.",
"id": "H97994E0B1F854E96AF4480007C9223BC",
"header": "Matching requirement",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "4. Definitions \nIn this Act: (1) The term family abduction means the taking, keeping, or concealing of a child or children by a parent, other family member, or person acting on behalf of the parent or family member, that prevents another individual from exercising lawful custody or visitation rights. (2) The term flagging means the process of notifying law enforcement authorities of the name and address of any person requesting the school records of an abducted child. (3) The term Indian tribe means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (4) The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, any territory or possession of the United States, and any Indian tribe.",
"id": "H9AB45537670F4221A59B43A9E18FDD83",
"header": "Definitions",
"nested": [
{
"text": "In this Act: (1) The term family abduction means the taking, keeping, or concealing of a child or children by a parent, other family member, or person acting on behalf of the parent or family member, that prevents another individual from exercising lawful custody or visitation rights. (2) The term flagging means the process of notifying law enforcement authorities of the name and address of any person requesting the school records of an abducted child. (3) The term Indian tribe means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (4) The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, any territory or possession of the United States, and any Indian tribe.",
"id": "H3B5CF21BD8764FCB8DBA7DA04D247D2",
"header": null,
"nested": [],
"links": [
{
"text": "43 U.S.C. 1601 et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/43/1601"
}
]
}
],
"links": [
{
"text": "43 U.S.C. 1601 et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/43/1601"
}
]
},
{
"text": "5. Authorization of appropriations \nFor the purpose of carrying out this Act, there are authorized to be appropriated to the Attorney General $500,000 for fiscal year 2005 and such sums as may be necessary for each of fiscal years 2006 and 2007.",
"id": "HFF32A242C2604B6F8946EC34F1BF2E67",
"header": "Authorization of appropriations",
"nested": [],
"links": []
}
] | 5 | 1. Short title
This Act may be cited as the Family Abduction Prevention Act of 2004. 2. Findings
Congress makes the following findings: (1) Each year more than 203,000 children in the United States (approximately 78 percent of all abducted children) are abducted by a family member, usually a parent. (2) More than half of the parents who abduct their children have a history of alcohol or substance abuse, a criminal record, or a history of violence. (3) The most common motive for family abduction is revenge against the other parent, not protecting the child’s safety. (4) Children who are abducted by family members suffer emotional, psychological, and often physical abuse at the hands of their abductors. (5) Children who are victims of family abductions are forced to leave behind family, friends, their homes, their neighborhoods, their schools, and all that is familiar to them. (6) Children who are victims of family abductions are often told that the parent who did not abduct the child has died, does not love them, or will harm them. (7) Children who are abducted by their parents or other family members are sometimes forced to live in fear of discovery and may be compelled to conceal their true identity, including their real names, family histories, and even their gender. (8) Children who are victims of family abductions are often denied the opportunity to attend school or to receive health and dental care. (9) Child psychologists and law enforcement authorities now classify family abduction as a form of child abuse. (10) Approximately 70 percent of local law enforcement agencies do not have written guidelines for what to do in the event of a family abduction or how to facilitate the recovery of an abducted child. (11) The first few hours of a family abduction are crucial to recovering an abducted child. Valuable hours are lost when law enforcement is not prepared to employ the most effective techniques to locate and recover abducted children. (12) When parents who may be inclined to abduct their own children receive counseling and education on the harm suffered by children under these circumstances, the incidence of family abductions is greatly reduced. (13) Where practiced, the flagging of school records has proven to be an effective tool in assisting law enforcement authorities find abducted children. 3. Grants to States
(a) Matching grants
The Attorney General shall make grants to States for projects involving— (1) the extradition of individuals suspected of committing a family abduction back to the State from which the child was taken; (2) the investigation by State and local law enforcement agencies of family abduction cases; (3) the training of State and local law enforcement agencies in responding to family abductions and recovering abducted children, including the development of written guidelines and technical assistance; (4) outreach and media campaigns to educate parents on the dangers of family abductions; and (5) the flagging of school records. (b) Matching requirement
Not less than 50 percent of the cost of a project for which a grant is made under this section shall be provided by non-Federal sources. 4. Definitions
In this Act: (1) The term family abduction means the taking, keeping, or concealing of a child or children by a parent, other family member, or person acting on behalf of the parent or family member, that prevents another individual from exercising lawful custody or visitation rights. (2) The term flagging means the process of notifying law enforcement authorities of the name and address of any person requesting the school records of an abducted child. (3) The term Indian tribe means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (4) The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, any territory or possession of the United States, and any Indian tribe. 5. Authorization of appropriations
For the purpose of carrying out this Act, there are authorized to be appropriated to the Attorney General $500,000 for fiscal year 2005 and such sums as may be necessary for each of fiscal years 2006 and 2007. | 4,601 | [
"Judiciary Committee"
] |
108hr4133ih | 108 | hr | 4,133 | ih | To change the name of the head of household filing status to single parent or guardian to describe better those individuals who qualify for the status. | [
{
"text": "1. Short title \nThis Act may be cited as.",
"id": "HA8BE8AEED01F45CB915157160341D95C",
"header": "Short title",
"nested": [],
"links": []
},
{
"text": "2. Head of household filing status changed to single parent or guardian \n(a) In general \nThe following provisions of the Internal Revenue Code of 1986 are each amended by striking head of a household each place it appears and inserting single parent or guardian : (1) Subsection (b) of section 1. (2) Paragraphs (1) and (3) of section 2(b). (3) The table in section 25B(b). (4) Clause (iii) of section 151(c)(6)(B). (5) Subparagraph (C) of section 151(d)(3). (6) Subparagraph (A) of section 6012(a)(1). (b) Other conforming amendments \n(1) Subparagraph (B) of section 63(c)(2) of such Code is amended by striking head of household and inserting single parent or guardian. (2) Subsection (c) of section 1 of such Code is amended by striking the head of a household and inserting a single parent or guardian. (3) The heading for section 1(b) of such Code is amended to read as follows: Single parents or guardians.—. (4) The heading for section 1(c) of such Code is amended by striking heads of households and inserting single parents or guardians. (5) The heading for section 2(b) of such Code is amended to read as follows: Definition of single parent or guardian.—. (c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2004.",
"id": "H46BDE61582474DF4A44F1623B9154919",
"header": "Head of household filing status changed to single parent or guardian",
"nested": [
{
"text": "(a) In general \nThe following provisions of the Internal Revenue Code of 1986 are each amended by striking head of a household each place it appears and inserting single parent or guardian : (1) Subsection (b) of section 1. (2) Paragraphs (1) and (3) of section 2(b). (3) The table in section 25B(b). (4) Clause (iii) of section 151(c)(6)(B). (5) Subparagraph (C) of section 151(d)(3). (6) Subparagraph (A) of section 6012(a)(1).",
"id": "HE05EE625CEF94E4DA778B5B18949E2CC",
"header": "In general",
"nested": [],
"links": []
},
{
"text": "(b) Other conforming amendments \n(1) Subparagraph (B) of section 63(c)(2) of such Code is amended by striking head of household and inserting single parent or guardian. (2) Subsection (c) of section 1 of such Code is amended by striking the head of a household and inserting a single parent or guardian. (3) The heading for section 1(b) of such Code is amended to read as follows: Single parents or guardians.—. (4) The heading for section 1(c) of such Code is amended by striking heads of households and inserting single parents or guardians. (5) The heading for section 2(b) of such Code is amended to read as follows: Definition of single parent or guardian.—.",
"id": "HF4B7DBDB8457403FAB9EA349C8CF2F72",
"header": "Other 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": "HDBE08C95850A4123B3CC00C5002001B0",
"header": "Effective date",
"nested": [],
"links": []
}
],
"links": []
}
] | 2 | 1. Short title
This Act may be cited as. 2. Head of household filing status changed to single parent or guardian
(a) In general
The following provisions of the Internal Revenue Code of 1986 are each amended by striking head of a household each place it appears and inserting single parent or guardian : (1) Subsection (b) of section 1. (2) Paragraphs (1) and (3) of section 2(b). (3) The table in section 25B(b). (4) Clause (iii) of section 151(c)(6)(B). (5) Subparagraph (C) of section 151(d)(3). (6) Subparagraph (A) of section 6012(a)(1). (b) Other conforming amendments
(1) Subparagraph (B) of section 63(c)(2) of such Code is amended by striking head of household and inserting single parent or guardian. (2) Subsection (c) of section 1 of such Code is amended by striking the head of a household and inserting a single parent or guardian. (3) The heading for section 1(b) of such Code is amended to read as follows: Single parents or guardians.—. (4) The heading for section 1(c) of such Code is amended by striking heads of households and inserting single parents or guardians. (5) The heading for section 2(b) of such Code is amended to read as follows: Definition of single parent or guardian.—. (c) Effective date
The amendments made by this section shall apply to taxable years beginning after December 31, 2004. | 1,328 | [
"Ways and Means Committee"
] |
108hr4603ih | 108 | hr | 4,603 | ih | To amend the Internal Revenue Code of 1986 to provide for the nonrecognition of gain on real property held by individuals or small businesses which is involuntarily converted as the result of the exercise of eminent domain, without regard to whether such property is replaced. | [
{
"text": "1. Short title \nThis Act may be cited as the Eminent Domain Relief for the Little Guy Act.",
"id": "HA6F9EE747BF94DC1A51BE8A87AE99D3",
"header": "Short title",
"nested": [],
"links": []
},
{
"text": "2. Nonrecognition treatment for real property held by individuals or small businesses which is involuntarily converted as a result of exercise of eminent domain \n(a) In general \nSection 1033 of the Internal Revenue Code of 1986 (relating to involuntary conversions) is amended by adding at the end the following new subsection: (k) Condemnation of real property held by individuals and small businesses \n(1) In general \nIf real property held by the taxpayer is (as the result of its seizure, requisition, or condemnation, or threat or imminence thereof) compulsorily or involuntary converted, at the election of the taxpayer (in such form and manner as the Secretary may prescribe)— (A) no gain shall be recognized, and (B) subsections (a) and (b) shall not apply with respect to such conversion. (2) Not applicable to certain large businesses \nParagraph (1) shall not apply in the case of a partnership or corporation unless such partnership or corporation meets the gross receipts test of section 448(c) for the taxable year in which the disposition of the converted property occurs.. (b) Effective date \nThe amendment made by this section shall apply to dispositions of converted property occurring after December 31, 2003.",
"id": "H3CE2A0F8E0534C1AA585962938CFB564",
"header": "Nonrecognition treatment for real property held by individuals or small businesses which is involuntarily converted as a result of exercise of eminent domain",
"nested": [
{
"text": "(a) In general \nSection 1033 of the Internal Revenue Code of 1986 (relating to involuntary conversions) is amended by adding at the end the following new subsection: (k) Condemnation of real property held by individuals and small businesses \n(1) In general \nIf real property held by the taxpayer is (as the result of its seizure, requisition, or condemnation, or threat or imminence thereof) compulsorily or involuntary converted, at the election of the taxpayer (in such form and manner as the Secretary may prescribe)— (A) no gain shall be recognized, and (B) subsections (a) and (b) shall not apply with respect to such conversion. (2) Not applicable to certain large businesses \nParagraph (1) shall not apply in the case of a partnership or corporation unless such partnership or corporation meets the gross receipts test of section 448(c) for the taxable year in which the disposition of the converted property occurs..",
"id": "HF4CCACC0278A49F1BF55C50078A9EDD",
"header": "In general",
"nested": [],
"links": [
{
"text": "Section 1033",
"legal-doc": "usc",
"parsable-cite": "usc/26/1033"
}
]
},
{
"text": "(b) Effective date \nThe amendment made by this section shall apply to dispositions of converted property occurring after December 31, 2003.",
"id": "HB45E487E886648A0BB76E1893700FB49",
"header": "Effective date",
"nested": [],
"links": []
}
],
"links": [
{
"text": "Section 1033",
"legal-doc": "usc",
"parsable-cite": "usc/26/1033"
}
]
}
] | 2 | 1. Short title
This Act may be cited as the Eminent Domain Relief for the Little Guy Act. 2. Nonrecognition treatment for real property held by individuals or small businesses which is involuntarily converted as a result of exercise of eminent domain
(a) In general
Section 1033 of the Internal Revenue Code of 1986 (relating to involuntary conversions) is amended by adding at the end the following new subsection: (k) Condemnation of real property held by individuals and small businesses
(1) In general
If real property held by the taxpayer is (as the result of its seizure, requisition, or condemnation, or threat or imminence thereof) compulsorily or involuntary converted, at the election of the taxpayer (in such form and manner as the Secretary may prescribe)— (A) no gain shall be recognized, and (B) subsections (a) and (b) shall not apply with respect to such conversion. (2) Not applicable to certain large businesses
Paragraph (1) shall not apply in the case of a partnership or corporation unless such partnership or corporation meets the gross receipts test of section 448(c) for the taxable year in which the disposition of the converted property occurs.. (b) Effective date
The amendment made by this section shall apply to dispositions of converted property occurring after December 31, 2003. | 1,317 | [
"Ways and Means Committee"
] |
108hr4334ih | 108 | hr | 4,334 | ih | To establish a Tick-Borne Disorders Advisory Committee, and for other purposes. | [
{
"text": "1. Findings \nCongress makes the following findings: (1) Lyme disease is a common but frequently misunderstood illness that, if not caught early and treated properly, can cause serious health problems. (2) Lyme disease is a bacterial infection that is transmitted by a tick bite. Early signs of infection may include a rash and flu-like symptoms such as fever, muscle aches, headaches, and fatigue. (3) Although Lyme disease can be treated with antibiotics if caught early, the disease often goes undetected because it mimics other illnesses or may be misdiagnosed. Untreated, Lyme disease can lead to severe heart, neurological, eye, and joint problems because the bacteria can affect many different organs and organ systems. (4) If an individual with Lyme disease does not receive treatment, such individual can develop severe heart, neurological, eye, and joint problems. (5) Although Lyme disease accounts for 90 percent of all vector-borne infections in the United States, the ticks that spread Lyme disease also spread other disorders, such as ehrlichiosis, babesiosis, and other strains of Borrelia. All of these diseases in 1 patient makes diagnosis and treatment more difficult. (6) Although tick-borne disease cases have been reported in 49 States and the District of Columbia, about 90 percent of the 15,000 cases have been reported in the following 10 States: Connecticut, Pennsylvania, New York, New Jersey, Rhode Island, Maryland, Massachusetts, Minnesota, Delaware, and Wisconsin. Studies have shown that the actual number of tick-borne disease cases are approximately 10 times the amount reported due to poor surveillance of the disease. (7) Persistence of symptomatology in many patients without reliable testing makes treatment of patients more difficult.",
"id": "H23150DF34A814AFBBF4B78074D1BC7CD",
"header": "Findings",
"nested": [],
"links": []
},
{
"text": "2. Establishment of a tick-borne disorders advisory committee \n(a) Establishment of committee \nNot later than 180 days after the date of enactment of this Act, there shall be established an advisory committee to be known as the Tick-Borne Disorders Advisory Committee (referred to in this Act as the Committee ) organized in the Office of the Secretary. (b) Duties \nThe Committee shall advise the Secretary and Assistant Secretary of Health regarding how to— (1) assure interagency coordination and communication and minimize overlap regarding efforts to address tick-borne disorders; (2) identify opportunities to coordinate efforts with other Federal agencies and private organizations addressing tick-borne disorders; and (3) develop informed responses to constituency groups regarding the Department of Health and Human Services’ efforts and progress. (c) Membership \n(1) Appointed members \n(A) In general \nThe Secretary of Health and Human Services shall appoint voting members to the Committee from among the following member groups: (i) Scientific community members. (ii) Representatives of tick-borne disorder voluntary organizations. (iii) Health care providers. (iv) Patient representatives who are individuals who have been diagnosed with tick-borne illnesses or who have had an immediate family member diagnosed with such illness. (v) Representatives of State and local health departments and national organizations who represent State and local health professionals. (B) Requirement \nThe Secretary shall ensure that an equal number of individuals are appointed to the Committee from each of the member groups described in clauses (i) through (v) of subparagraph (A). (2) Ex officio members \nThe Committee shall have nonvoting ex officio members determined appropriate by the Secretary. (d) Co-chairpersons \nThe Assistant Secretary of Health shall serve as the co-chairperson of the Committee with a public co-chairperson chosen by the members described under subsection (c). The public co-chairperson shall serve a 2-year term and retain all voting rights. (e) Term of appointment \nAll members shall be appointed to serve on the Committee for 4 year terms. (f) Vacancy \nIf there is a vacancy on the Committee, such position shall be filled in the same manner as the original appointment. Any member appointed to fill a vacancy for an unexpired term shall be appointed for the remainder of that term. Members may serve after the expiration of their terms until their successors have taken office. (g) Meetings \nThe Committee shall hold public meetings, except as otherwise determined by the Secretary, giving notice to the public of such, and meet at least twice a year with additional meetings subject to the call of the co-chairpersons. Agenda items can be added at the request of the Committee members, as well as the co-chairpersons. Meetings shall be conducted, and records of the proceedings kept as required by applicable laws and Departmental regulations. (h) Reports \n(1) In general \nNot later than 24 months after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report on the activities carried out under this Act. (2) Content \nSuch reports shall describe— (A) progress in the development of accurate diagnostic tools that are more useful in the clinical setting; and (B) the promotion of public awareness and physician education initiatives to improve the knowledge of health care providers and the public regarding clinical and surveillance practices for Lyme disease and other tick-borne disorders. (i) Authorization of appropriations \nThere is authorized to be appropriated to carry out this Act, $250,000 for each of fiscal years 2004 and 2005. Amounts appropriated under this subsection shall be used for the expenses and per diem costs incurred by the Committee under this section in accordance with the Federal Advisory Committee Act (5 U.S.C. App.), except that no voting member of the Committee shall be a permanent salaried employee.",
"id": "H9A76C35FC9FA43D1B3BE00C576ADA94D",
"header": "Establishment of a tick-borne disorders advisory committee",
"nested": [
{
"text": "(a) Establishment of committee \nNot later than 180 days after the date of enactment of this Act, there shall be established an advisory committee to be known as the Tick-Borne Disorders Advisory Committee (referred to in this Act as the Committee ) organized in the Office of the Secretary.",
"id": "HD915DF78E63946F3A3203955A3D9C9A8",
"header": "Establishment of committee",
"nested": [],
"links": []
},
{
"text": "(b) Duties \nThe Committee shall advise the Secretary and Assistant Secretary of Health regarding how to— (1) assure interagency coordination and communication and minimize overlap regarding efforts to address tick-borne disorders; (2) identify opportunities to coordinate efforts with other Federal agencies and private organizations addressing tick-borne disorders; and (3) develop informed responses to constituency groups regarding the Department of Health and Human Services’ efforts and progress.",
"id": "HA87AAC4FD6E042C6B48BAD4B9C9E105B",
"header": "Duties",
"nested": [],
"links": []
},
{
"text": "(c) Membership \n(1) Appointed members \n(A) In general \nThe Secretary of Health and Human Services shall appoint voting members to the Committee from among the following member groups: (i) Scientific community members. (ii) Representatives of tick-borne disorder voluntary organizations. (iii) Health care providers. (iv) Patient representatives who are individuals who have been diagnosed with tick-borne illnesses or who have had an immediate family member diagnosed with such illness. (v) Representatives of State and local health departments and national organizations who represent State and local health professionals. (B) Requirement \nThe Secretary shall ensure that an equal number of individuals are appointed to the Committee from each of the member groups described in clauses (i) through (v) of subparagraph (A). (2) Ex officio members \nThe Committee shall have nonvoting ex officio members determined appropriate by the Secretary.",
"id": "H3C013A32F65148B0B849D7E67D07312C",
"header": "Membership",
"nested": [],
"links": []
},
{
"text": "(d) Co-chairpersons \nThe Assistant Secretary of Health shall serve as the co-chairperson of the Committee with a public co-chairperson chosen by the members described under subsection (c). The public co-chairperson shall serve a 2-year term and retain all voting rights.",
"id": "HA18BC5BD78614D39AB6E34644C4DFA84",
"header": "Co-chairpersons",
"nested": [],
"links": []
},
{
"text": "(e) Term of appointment \nAll members shall be appointed to serve on the Committee for 4 year terms.",
"id": "H6AF6DB38D0E44C1EA5E9374BF55CC67B",
"header": "Term of appointment",
"nested": [],
"links": []
},
{
"text": "(f) Vacancy \nIf there is a vacancy on the Committee, such position shall be filled in the same manner as the original appointment. Any member appointed to fill a vacancy for an unexpired term shall be appointed for the remainder of that term. Members may serve after the expiration of their terms until their successors have taken office.",
"id": "HCA8DE1E72B094B76A8AEE7C075E9301E",
"header": "Vacancy",
"nested": [],
"links": []
},
{
"text": "(g) Meetings \nThe Committee shall hold public meetings, except as otherwise determined by the Secretary, giving notice to the public of such, and meet at least twice a year with additional meetings subject to the call of the co-chairpersons. Agenda items can be added at the request of the Committee members, as well as the co-chairpersons. Meetings shall be conducted, and records of the proceedings kept as required by applicable laws and Departmental regulations.",
"id": "HAF9C51BDB596433EBE21318D3141CBF3",
"header": "Meetings",
"nested": [],
"links": []
},
{
"text": "(h) Reports \n(1) In general \nNot later than 24 months after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report on the activities carried out under this Act. (2) Content \nSuch reports shall describe— (A) progress in the development of accurate diagnostic tools that are more useful in the clinical setting; and (B) the promotion of public awareness and physician education initiatives to improve the knowledge of health care providers and the public regarding clinical and surveillance practices for Lyme disease and other tick-borne disorders.",
"id": "H07AE9CD271A4411EA39EBED67D6D92B6",
"header": "Reports",
"nested": [],
"links": []
},
{
"text": "(i) Authorization of appropriations \nThere is authorized to be appropriated to carry out this Act, $250,000 for each of fiscal years 2004 and 2005. Amounts appropriated under this subsection shall be used for the expenses and per diem costs incurred by the Committee under this section in accordance with the Federal Advisory Committee Act (5 U.S.C. App.), except that no voting member of the Committee shall be a permanent salaried employee.",
"id": "H43593A146F304A5DBC8234DC4604433E",
"header": "Authorization of appropriations",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "3. Authorization for research funding \nThere is authorized to be appropriated $10,000,000 for each of fiscal years 2004 through 2008 to provide for research and educational activities concerning Lyme disease and other tick-borne disorders, and to carry out efforts to prevent Lyme disease and other tick-borne disorders.",
"id": "HCEF5A587FB904F7E8C8C9F298364AC09",
"header": "Authorization for research funding",
"nested": [],
"links": []
},
{
"text": "4. Goals \nIt is the sense of the Congress that, in carrying out this Act, the Secretary of Health and Human Services (referred to in this section as the Secretary ), acting as appropriate in consultation with the Director of the Centers for Disease Control and Prevention, the Director of the National Institutes of Health, the Committee, and other agencies, should consider carrying out the following: (1) Five-year plan \nIt is the sense of the Congress that the Secretary should consider the establishment of a plan that, for the five fiscal years following the date of the enactment of this Act, provides for the activities to be carried out during such fiscal years toward achieving the goals under paragraphs (2) through (4). The plan should, as appropriate to such goals, provide for the coordination of programs and activities regarding Lyme disease and other tick-borne disorders that are conducted or supported by the Federal Government. (2) First goal: diagnostic test \nThe goal described in this paragraph is to develop a diagnostic test for Lyme disease and other tick-borne disorders for use in clinical testing. (3) Second goal: surveillance and reporting of Lyme disease and other tick-borne disorders \nThe goal described in this paragraph is to accurately determine the prevalence of Lyme disease and other tick-borne disorders in the United States. (4) Third goal: prevention of lyme disease and other tick-borne disorders \nThe goal described in this paragraph is to develop the capabilities at the Department of Health and Human Services to design and implement improved strategies for the prevention and control of Lyme disease and other tick-borne diseases. Such diseases may include Masters’ disease, ehrlichiosis, babesiosis, other bacterial, viral and rickettsial diseases such as tularemia, tick-borne encephalitis, Rocky Mountain Spotted Fever, and bartonella, respectively.",
"id": "H7D0DDE82604740549D8D63083FD8B713",
"header": "Goals",
"nested": [],
"links": []
}
] | 4 | 1. Findings
Congress makes the following findings: (1) Lyme disease is a common but frequently misunderstood illness that, if not caught early and treated properly, can cause serious health problems. (2) Lyme disease is a bacterial infection that is transmitted by a tick bite. Early signs of infection may include a rash and flu-like symptoms such as fever, muscle aches, headaches, and fatigue. (3) Although Lyme disease can be treated with antibiotics if caught early, the disease often goes undetected because it mimics other illnesses or may be misdiagnosed. Untreated, Lyme disease can lead to severe heart, neurological, eye, and joint problems because the bacteria can affect many different organs and organ systems. (4) If an individual with Lyme disease does not receive treatment, such individual can develop severe heart, neurological, eye, and joint problems. (5) Although Lyme disease accounts for 90 percent of all vector-borne infections in the United States, the ticks that spread Lyme disease also spread other disorders, such as ehrlichiosis, babesiosis, and other strains of Borrelia. All of these diseases in 1 patient makes diagnosis and treatment more difficult. (6) Although tick-borne disease cases have been reported in 49 States and the District of Columbia, about 90 percent of the 15,000 cases have been reported in the following 10 States: Connecticut, Pennsylvania, New York, New Jersey, Rhode Island, Maryland, Massachusetts, Minnesota, Delaware, and Wisconsin. Studies have shown that the actual number of tick-borne disease cases are approximately 10 times the amount reported due to poor surveillance of the disease. (7) Persistence of symptomatology in many patients without reliable testing makes treatment of patients more difficult. 2. Establishment of a tick-borne disorders advisory committee
(a) Establishment of committee
Not later than 180 days after the date of enactment of this Act, there shall be established an advisory committee to be known as the Tick-Borne Disorders Advisory Committee (referred to in this Act as the Committee ) organized in the Office of the Secretary. (b) Duties
The Committee shall advise the Secretary and Assistant Secretary of Health regarding how to— (1) assure interagency coordination and communication and minimize overlap regarding efforts to address tick-borne disorders; (2) identify opportunities to coordinate efforts with other Federal agencies and private organizations addressing tick-borne disorders; and (3) develop informed responses to constituency groups regarding the Department of Health and Human Services’ efforts and progress. (c) Membership
(1) Appointed members
(A) In general
The Secretary of Health and Human Services shall appoint voting members to the Committee from among the following member groups: (i) Scientific community members. (ii) Representatives of tick-borne disorder voluntary organizations. (iii) Health care providers. (iv) Patient representatives who are individuals who have been diagnosed with tick-borne illnesses or who have had an immediate family member diagnosed with such illness. (v) Representatives of State and local health departments and national organizations who represent State and local health professionals. (B) Requirement
The Secretary shall ensure that an equal number of individuals are appointed to the Committee from each of the member groups described in clauses (i) through (v) of subparagraph (A). (2) Ex officio members
The Committee shall have nonvoting ex officio members determined appropriate by the Secretary. (d) Co-chairpersons
The Assistant Secretary of Health shall serve as the co-chairperson of the Committee with a public co-chairperson chosen by the members described under subsection (c). The public co-chairperson shall serve a 2-year term and retain all voting rights. (e) Term of appointment
All members shall be appointed to serve on the Committee for 4 year terms. (f) Vacancy
If there is a vacancy on the Committee, such position shall be filled in the same manner as the original appointment. Any member appointed to fill a vacancy for an unexpired term shall be appointed for the remainder of that term. Members may serve after the expiration of their terms until their successors have taken office. (g) Meetings
The Committee shall hold public meetings, except as otherwise determined by the Secretary, giving notice to the public of such, and meet at least twice a year with additional meetings subject to the call of the co-chairpersons. Agenda items can be added at the request of the Committee members, as well as the co-chairpersons. Meetings shall be conducted, and records of the proceedings kept as required by applicable laws and Departmental regulations. (h) Reports
(1) In general
Not later than 24 months after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report on the activities carried out under this Act. (2) Content
Such reports shall describe— (A) progress in the development of accurate diagnostic tools that are more useful in the clinical setting; and (B) the promotion of public awareness and physician education initiatives to improve the knowledge of health care providers and the public regarding clinical and surveillance practices for Lyme disease and other tick-borne disorders. (i) Authorization of appropriations
There is authorized to be appropriated to carry out this Act, $250,000 for each of fiscal years 2004 and 2005. Amounts appropriated under this subsection shall be used for the expenses and per diem costs incurred by the Committee under this section in accordance with the Federal Advisory Committee Act (5 U.S.C. App.), except that no voting member of the Committee shall be a permanent salaried employee. 3. Authorization for research funding
There is authorized to be appropriated $10,000,000 for each of fiscal years 2004 through 2008 to provide for research and educational activities concerning Lyme disease and other tick-borne disorders, and to carry out efforts to prevent Lyme disease and other tick-borne disorders. 4. Goals
It is the sense of the Congress that, in carrying out this Act, the Secretary of Health and Human Services (referred to in this section as the Secretary ), acting as appropriate in consultation with the Director of the Centers for Disease Control and Prevention, the Director of the National Institutes of Health, the Committee, and other agencies, should consider carrying out the following: (1) Five-year plan
It is the sense of the Congress that the Secretary should consider the establishment of a plan that, for the five fiscal years following the date of the enactment of this Act, provides for the activities to be carried out during such fiscal years toward achieving the goals under paragraphs (2) through (4). The plan should, as appropriate to such goals, provide for the coordination of programs and activities regarding Lyme disease and other tick-borne disorders that are conducted or supported by the Federal Government. (2) First goal: diagnostic test
The goal described in this paragraph is to develop a diagnostic test for Lyme disease and other tick-borne disorders for use in clinical testing. (3) Second goal: surveillance and reporting of Lyme disease and other tick-borne disorders
The goal described in this paragraph is to accurately determine the prevalence of Lyme disease and other tick-borne disorders in the United States. (4) Third goal: prevention of lyme disease and other tick-borne disorders
The goal described in this paragraph is to develop the capabilities at the Department of Health and Human Services to design and implement improved strategies for the prevention and control of Lyme disease and other tick-borne diseases. Such diseases may include Masters’ disease, ehrlichiosis, babesiosis, other bacterial, viral and rickettsial diseases such as tularemia, tick-borne encephalitis, Rocky Mountain Spotted Fever, and bartonella, respectively. | 8,013 | [
"Energy and Commerce Committee"
] |
108hr4867ih | 108 | hr | 4,867 | ih | To amend title 3, United States Code, to permit an objection to the certificate of the electoral votes of a State to be received by the Senate and the House of Representatives if the objection is signed by either a Senator or a Member of the House of Representatives. | [
{
"text": "1. Permitting Objection to Certificate of Electoral Votes to be Received if Signed by Senator or Member of the House of Representatives \nThe fifth sentence of section 15 of title 3, United States Code, is amended by striking and shall be signed by at least one Senator and one Member of the House of Representatives and inserting and shall be signed by at least one Senator or Member of the House of Representatives.",
"id": "H77FBDF4736FF4850B3C5BFC39E0103A2",
"header": "Permitting Objection to Certificate of Electoral Votes to be Received if Signed by Senator or Member of the House of Representatives",
"nested": [],
"links": [
{
"text": "section 15",
"legal-doc": "usc",
"parsable-cite": "usc/3/15"
}
]
}
] | 1 | 1. Permitting Objection to Certificate of Electoral Votes to be Received if Signed by Senator or Member of the House of Representatives
The fifth sentence of section 15 of title 3, United States Code, is amended by striking and shall be signed by at least one Senator and one Member of the House of Representatives and inserting and shall be signed by at least one Senator or Member of the House of Representatives. | 416 | [
"Rules Committee",
"Committee on House Administration"
] |
108hr4389ih | 108 | hr | 4,389 | ih | To authorize the Secretary of the Interior to construct facilities to provide water for irrigation, municipal, domestic, military, and other uses from the Santa Margarita River, California, and for other purposes. | [
{
"text": "1. Definitions \nFor the purposes of this section, the following definitions apply: (1) District \nThe term District means the Fallbrook Public Utility District, San Diego County, California. (2) Project \nThe term Project means the impoundment, recharge, treatment, and other facilities the construction, operation, and maintenance of which is authorized under subsection (b).",
"id": "H06AC9766C3F84EAC80B4B67520AB6E00",
"header": "Definitions",
"nested": [],
"links": []
},
{
"text": "2. Authorization for construction of Lower Santa Margarita Conjunctive Use Project \n(a) Authorization \nThe Secretary, acting pursuant to the Federal reclamation laws (Act of June 17, 1902; 32 Stat. 388), and Acts amendatory thereof or supplementary thereto, as far as those laws are not inconsistent with the provisions of this Act, is authorized to construct, operate, and maintain to make the yield of the Lower Santa Margarita Conjunctive Use Project to be located below the confluence of De Luz Creek with the Santa Margarita River on Camp Joseph H. Pendleton, the Fallbrook Annex of the Naval Weapons Station, and surrounding lands within the service area of the District available for irrigation, municipal, domestic, military, and other uses for the District and such other users as herein provided. (b) Conditions \nThe Secretary of the Interior may construct the Project only after the Secretary of the Interior determines that the following conditions have occurred: (1) The District has entered into a contract under section 9(d) of the Reclamation Project Act of 1939 to repay to the United States appropriate portions, as determined by the Secretary, of the actual costs of constructing, operating, and maintaining the Project, together with interest as hereinafter provided. (2) The officer or agency of the State of California authorized by law to grant permits for the appropriation of water has granted such permits to the Bureau of Reclamation for the benefit of the Department of the Navy and the District as permitees for rights to the use of water for storage and diversion as provided in this Act, including approval of all requisite changes in points of diversion and storage, and purposes and places of use. (3) The District has agreed that it will not assert against the United States any prior appropriative right the District may have to water in excess of the quantity deliverable to it under this Act, and will share in the use of the waters impounded by the Project on the basis of equal priority and in accordance with the ratio prescribed in section 4(b). This agreement and waiver and the changes in points of diversion and storage under paragraph (2), shall become effective and binding only when the Project has been completed and put into operation. (4) The Secretary of the Interior has determined that the Project has economic and engineering feasibility.",
"id": "H5D5596E0875542BDAF726D4075C18D20",
"header": "Authorization for construction of Lower Santa Margarita Conjunctive Use Project",
"nested": [
{
"text": "(a) Authorization \nThe Secretary, acting pursuant to the Federal reclamation laws (Act of June 17, 1902; 32 Stat. 388), and Acts amendatory thereof or supplementary thereto, as far as those laws are not inconsistent with the provisions of this Act, is authorized to construct, operate, and maintain to make the yield of the Lower Santa Margarita Conjunctive Use Project to be located below the confluence of De Luz Creek with the Santa Margarita River on Camp Joseph H. Pendleton, the Fallbrook Annex of the Naval Weapons Station, and surrounding lands within the service area of the District available for irrigation, municipal, domestic, military, and other uses for the District and such other users as herein provided.",
"id": "H69EC2D183D6141E08E6BB260F5E65350",
"header": "Authorization",
"nested": [],
"links": []
},
{
"text": "(b) Conditions \nThe Secretary of the Interior may construct the Project only after the Secretary of the Interior determines that the following conditions have occurred: (1) The District has entered into a contract under section 9(d) of the Reclamation Project Act of 1939 to repay to the United States appropriate portions, as determined by the Secretary, of the actual costs of constructing, operating, and maintaining the Project, together with interest as hereinafter provided. (2) The officer or agency of the State of California authorized by law to grant permits for the appropriation of water has granted such permits to the Bureau of Reclamation for the benefit of the Department of the Navy and the District as permitees for rights to the use of water for storage and diversion as provided in this Act, including approval of all requisite changes in points of diversion and storage, and purposes and places of use. (3) The District has agreed that it will not assert against the United States any prior appropriative right the District may have to water in excess of the quantity deliverable to it under this Act, and will share in the use of the waters impounded by the Project on the basis of equal priority and in accordance with the ratio prescribed in section 4(b). This agreement and waiver and the changes in points of diversion and storage under paragraph (2), shall become effective and binding only when the Project has been completed and put into operation. (4) The Secretary of the Interior has determined that the Project has economic and engineering feasibility.",
"id": "H10EB5DD22E8B432AB65FB0439C00966C",
"header": "Conditions",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "3. Costs \nThe Department of the Navy shall not be responsible for any costs in connection with the Project, except upon completion and then shall be charged in reasonable proportion to its use of the Project under regulations agreed upon by the Secretary of the Navy and Secretary of the Interior.",
"id": "HCEB81F88CEB24C15BF28002E91D62B9C",
"header": "Costs",
"nested": [],
"links": []
},
{
"text": "4. Operation; yield allotment; delivery \n(a) Operation \nThe operation of the Project may be by the Secretary of the Interior or otherwise as agreed upon by the Secretaries of the Interior and the Navy and the District, under regulations satisfactory to the Secretary of the Navy with respect to the Navy’s share of the impounded water and national security. (b) Yield allotment \nExcept as otherwise agreed between the parties, the Department of the Navy and the District shall participate in the water impounded by the Project on the basis of equal priority and in accordance with the following ratio: (1) 60 percent of the Project’s yield is allotted to the Secretary of the Navy. (2) 40 percent of the Project’s yield is allotted to the District. (c) Contracts for delivery of water \n(1) In general \nIf the Secretary of the Navy certifies that the Secretary does not have immediate need for any portion of the 60 percent yield allotted under subsection (b), the official agreed upon to administer the Project may enter into temporary contracts for the delivery of the excess water. (2) First right for excess water \nThe first right of the Secretary of the Navy to demand that water without charge and without obligation on the part of the United States after 30 days notice shall be included as a condition of contracts entered into under this subsection. The first right to water available under paragraph (1) shall be given the District, if otherwise consistent with the laws of the State of California. (3) Disposition of funds \nMoneys paid in to the United States under a contract under this subsection shall be covered into the general Treasury or to the Secretary of the Navy, as services in lieu of payment for operation and maintenance of the Project, and shall not be applied against the indebtedness of the District to the United States. (4) Modification of rights and obligations related to water yield \nThe rights and obligations of the United States and the District regarding the ratio or amounts of Project yield delivered may be modified by an agreement between the parties.",
"id": "H15DB960712614E9F9CB2E5C69497C4EE",
"header": "Operation; yield allotment; delivery",
"nested": [
{
"text": "(a) Operation \nThe operation of the Project may be by the Secretary of the Interior or otherwise as agreed upon by the Secretaries of the Interior and the Navy and the District, under regulations satisfactory to the Secretary of the Navy with respect to the Navy’s share of the impounded water and national security.",
"id": "HFB1FEBC9410A4AF7A4CEA0F66176DB",
"header": "Operation",
"nested": [],
"links": []
},
{
"text": "(b) Yield allotment \nExcept as otherwise agreed between the parties, the Department of the Navy and the District shall participate in the water impounded by the Project on the basis of equal priority and in accordance with the following ratio: (1) 60 percent of the Project’s yield is allotted to the Secretary of the Navy. (2) 40 percent of the Project’s yield is allotted to the District.",
"id": "H9CC5634BF2034FE2A6787BE1C7A64C6D",
"header": "Yield allotment",
"nested": [],
"links": []
},
{
"text": "(c) Contracts for delivery of water \n(1) In general \nIf the Secretary of the Navy certifies that the Secretary does not have immediate need for any portion of the 60 percent yield allotted under subsection (b), the official agreed upon to administer the Project may enter into temporary contracts for the delivery of the excess water. (2) First right for excess water \nThe first right of the Secretary of the Navy to demand that water without charge and without obligation on the part of the United States after 30 days notice shall be included as a condition of contracts entered into under this subsection. The first right to water available under paragraph (1) shall be given the District, if otherwise consistent with the laws of the State of California. (3) Disposition of funds \nMoneys paid in to the United States under a contract under this subsection shall be covered into the general Treasury or to the Secretary of the Navy, as services in lieu of payment for operation and maintenance of the Project, and shall not be applied against the indebtedness of the District to the United States. (4) Modification of rights and obligations related to water yield \nThe rights and obligations of the United States and the District regarding the ratio or amounts of Project yield delivered may be modified by an agreement between the parties.",
"id": "H13B20A0D979C4ADEB38B128883ECADFE",
"header": "Contracts for delivery of water",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "5. Repayment obligation of the District \n(a) In general \nThe general repayment obligation of the District (which shall include interest on the unamortized balance of construction costs of the Project allocated to municipal and domestic waters at a rate equal to the average rate, which rate shall be certified by the Secretary of the Treasury, on the long-term loans of the United States outstanding on the date of this Act) to be undertaken pursuant to section 2 shall be spread in annual installments, which need not be equal, over a period of not more than 56 years, exclusive of the development period, or as near thereto as is consistent with the operation of a formula, mutually agreeable to the parties, under which the payments are varied in the light of factors pertinent to the irrigators’ ability to pay. (b) Development period \nThe development period shall begin in the year in which water for use by the District is first available, as announced by the Secretary of the Interior or the Treasury, and shall end in the year in which the Project’s yield to the District exceeds 6,000 acre-feet per annum. During the development period water shall be delivered to the District under annual water rental notices at rates fixed by the Secretary of the Interior or the Treasury and payable in advance, and any moneys collected in excess of operation and maintenance costs shall be credited to repayment of the capital costs chargeable to the District and the repayment period fixed herein shall be reduced proportionately. (c) Modification of rights and obligation by agreement \nThe rights and obligations of the United States and the District regarding the repayment obligation of the District may be modified by an agreement between the parties.",
"id": "H2D82F0B2B59C4CAB828619E11092057F",
"header": "Repayment obligation of the District",
"nested": [
{
"text": "(a) In general \nThe general repayment obligation of the District (which shall include interest on the unamortized balance of construction costs of the Project allocated to municipal and domestic waters at a rate equal to the average rate, which rate shall be certified by the Secretary of the Treasury, on the long-term loans of the United States outstanding on the date of this Act) to be undertaken pursuant to section 2 shall be spread in annual installments, which need not be equal, over a period of not more than 56 years, exclusive of the development period, or as near thereto as is consistent with the operation of a formula, mutually agreeable to the parties, under which the payments are varied in the light of factors pertinent to the irrigators’ ability to pay.",
"id": "HA54344E227C74D229C0002FBF16D08D2",
"header": "In general",
"nested": [],
"links": []
},
{
"text": "(b) Development period \nThe development period shall begin in the year in which water for use by the District is first available, as announced by the Secretary of the Interior or the Treasury, and shall end in the year in which the Project’s yield to the District exceeds 6,000 acre-feet per annum. During the development period water shall be delivered to the District under annual water rental notices at rates fixed by the Secretary of the Interior or the Treasury and payable in advance, and any moneys collected in excess of operation and maintenance costs shall be credited to repayment of the capital costs chargeable to the District and the repayment period fixed herein shall be reduced proportionately.",
"id": "HEEAB48BFA78847179C59098EB5612829",
"header": "Development period",
"nested": [],
"links": []
},
{
"text": "(c) Modification of rights and obligation by agreement \nThe rights and obligations of the United States and the District regarding the repayment obligation of the District may be modified by an agreement between the parties.",
"id": "H4E7C45CEA1444D7D00C7FBBDE12FCF36",
"header": "Modification of rights and obligation by agreement",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "6. Transfer of care, operation, and maintenance \nThe Secretary may transfer to the District, or a mutually agreed upon third party, the care, operation, and maintenance of the Project under conditions satisfactory to that Secretary and the District, and with respect to the portion of the Project that is located within the boundaries of Camp Pendleton, satisfactory also to the Secretary of the Navy. If such a transfer takes place, the District shall be entitled to an equitable credit for the costs associated with the Secretary’s proportionate share of the operation and maintenance of the Project. The amount of such costs shall be applied against the indebtedness of the District to the United States.",
"id": "HB98BB06B8BEF4172A15646E561D336D0",
"header": "Transfer of care, operation, and maintenance",
"nested": [],
"links": []
},
{
"text": "7. Scope of act \nFor the purpose of this Act, the basis, measure, and limit of all rights of the United States pertaining to the use of water shall be the laws of the State of California. That nothing in this Act shall be construed— (1) as a grant or a relinquishment by the United States of any rights to the use of water that it acquired according to the laws of the State of California, either as a result of its acquisition of the lands comprising Camp Joseph H. Pendleton and adjoining naval installations, and the rights to the use of water as a part of that acquisition, or through actual use or prescription or both since the date of that acquisition, if any; (2) to create any legal obligation to store any water in the Project, to the use of which the United States has such rights; (3) to constitute a recognition of, or an admission that, the District has any rights to the use of water in the Santa Margarita River, which rights, if any, exist only by virtue of the laws of the State of California; or (4) to require the division under this Act of water to which the United States has such rights.",
"id": "H9AED1A7DA8F2468BB41F4620565363BC",
"header": "Scope of act",
"nested": [],
"links": []
},
{
"text": "8. Limitations on operation and administration \nUnless otherwise agreed by the Secretary of the Navy, the Project— (1) shall be operated in a manner which allows the free passage of all of the water to the use of which the United States is entitled according to the laws of the State of California either as a result of its acquisition of the lands comprising Camp Joseph H. Pendleton and adjoining naval installations, and the rights to the use of water as a part of those acquisitions, or through actual use or prescription, or both, since the date of that acquisition, if any; and (2) shall not be administered or operated in any way which will impair or deplete the quantities of water the use of which the United States would be entitled under the laws of the State of California had the Project not been built.",
"id": "H71A8540A94414B97A83DA7891FF27B7D",
"header": "Limitations on operation and administration",
"nested": [],
"links": []
},
{
"text": "9. Authorization of Appropriations \nThere is authorized to be appropriated, out of any money in the Treasury of the United States not otherwise appropriated, the following: (1) $60,000,000 (the current estimated construction cost of the Project, plus or minus such amounts as may be indicated by the engineering cost indices for this type of construction); and (2) such sums as may be required to operate and maintain the said project.",
"id": "H7CA02785578947AA912EFF367827BF5D",
"header": "Authorization of Appropriations",
"nested": [],
"links": []
},
{
"text": "10. Reports to congress \nNot later than 1 year after the date of the enactment of this Act and periodically thereafter, the Attorney General, the Secretary of the Interior, and the Secretary of the Navy shall each report to the Congress regarding if the conditions specified in section 2(b) have been met and if so, the details of how they were met.",
"id": "HB7E2C5CD406F4305A8EEF2888784FBA4",
"header": "Reports to congress",
"nested": [],
"links": []
}
] | 10 | 1. Definitions
For the purposes of this section, the following definitions apply: (1) District
The term District means the Fallbrook Public Utility District, San Diego County, California. (2) Project
The term Project means the impoundment, recharge, treatment, and other facilities the construction, operation, and maintenance of which is authorized under subsection (b). 2. Authorization for construction of Lower Santa Margarita Conjunctive Use Project
(a) Authorization
The Secretary, acting pursuant to the Federal reclamation laws (Act of June 17, 1902; 32 Stat. 388), and Acts amendatory thereof or supplementary thereto, as far as those laws are not inconsistent with the provisions of this Act, is authorized to construct, operate, and maintain to make the yield of the Lower Santa Margarita Conjunctive Use Project to be located below the confluence of De Luz Creek with the Santa Margarita River on Camp Joseph H. Pendleton, the Fallbrook Annex of the Naval Weapons Station, and surrounding lands within the service area of the District available for irrigation, municipal, domestic, military, and other uses for the District and such other users as herein provided. (b) Conditions
The Secretary of the Interior may construct the Project only after the Secretary of the Interior determines that the following conditions have occurred: (1) The District has entered into a contract under section 9(d) of the Reclamation Project Act of 1939 to repay to the United States appropriate portions, as determined by the Secretary, of the actual costs of constructing, operating, and maintaining the Project, together with interest as hereinafter provided. (2) The officer or agency of the State of California authorized by law to grant permits for the appropriation of water has granted such permits to the Bureau of Reclamation for the benefit of the Department of the Navy and the District as permitees for rights to the use of water for storage and diversion as provided in this Act, including approval of all requisite changes in points of diversion and storage, and purposes and places of use. (3) The District has agreed that it will not assert against the United States any prior appropriative right the District may have to water in excess of the quantity deliverable to it under this Act, and will share in the use of the waters impounded by the Project on the basis of equal priority and in accordance with the ratio prescribed in section 4(b). This agreement and waiver and the changes in points of diversion and storage under paragraph (2), shall become effective and binding only when the Project has been completed and put into operation. (4) The Secretary of the Interior has determined that the Project has economic and engineering feasibility. 3. Costs
The Department of the Navy shall not be responsible for any costs in connection with the Project, except upon completion and then shall be charged in reasonable proportion to its use of the Project under regulations agreed upon by the Secretary of the Navy and Secretary of the Interior. 4. Operation; yield allotment; delivery
(a) Operation
The operation of the Project may be by the Secretary of the Interior or otherwise as agreed upon by the Secretaries of the Interior and the Navy and the District, under regulations satisfactory to the Secretary of the Navy with respect to the Navy’s share of the impounded water and national security. (b) Yield allotment
Except as otherwise agreed between the parties, the Department of the Navy and the District shall participate in the water impounded by the Project on the basis of equal priority and in accordance with the following ratio: (1) 60 percent of the Project’s yield is allotted to the Secretary of the Navy. (2) 40 percent of the Project’s yield is allotted to the District. (c) Contracts for delivery of water
(1) In general
If the Secretary of the Navy certifies that the Secretary does not have immediate need for any portion of the 60 percent yield allotted under subsection (b), the official agreed upon to administer the Project may enter into temporary contracts for the delivery of the excess water. (2) First right for excess water
The first right of the Secretary of the Navy to demand that water without charge and without obligation on the part of the United States after 30 days notice shall be included as a condition of contracts entered into under this subsection. The first right to water available under paragraph (1) shall be given the District, if otherwise consistent with the laws of the State of California. (3) Disposition of funds
Moneys paid in to the United States under a contract under this subsection shall be covered into the general Treasury or to the Secretary of the Navy, as services in lieu of payment for operation and maintenance of the Project, and shall not be applied against the indebtedness of the District to the United States. (4) Modification of rights and obligations related to water yield
The rights and obligations of the United States and the District regarding the ratio or amounts of Project yield delivered may be modified by an agreement between the parties. 5. Repayment obligation of the District
(a) In general
The general repayment obligation of the District (which shall include interest on the unamortized balance of construction costs of the Project allocated to municipal and domestic waters at a rate equal to the average rate, which rate shall be certified by the Secretary of the Treasury, on the long-term loans of the United States outstanding on the date of this Act) to be undertaken pursuant to section 2 shall be spread in annual installments, which need not be equal, over a period of not more than 56 years, exclusive of the development period, or as near thereto as is consistent with the operation of a formula, mutually agreeable to the parties, under which the payments are varied in the light of factors pertinent to the irrigators’ ability to pay. (b) Development period
The development period shall begin in the year in which water for use by the District is first available, as announced by the Secretary of the Interior or the Treasury, and shall end in the year in which the Project’s yield to the District exceeds 6,000 acre-feet per annum. During the development period water shall be delivered to the District under annual water rental notices at rates fixed by the Secretary of the Interior or the Treasury and payable in advance, and any moneys collected in excess of operation and maintenance costs shall be credited to repayment of the capital costs chargeable to the District and the repayment period fixed herein shall be reduced proportionately. (c) Modification of rights and obligation by agreement
The rights and obligations of the United States and the District regarding the repayment obligation of the District may be modified by an agreement between the parties. 6. Transfer of care, operation, and maintenance
The Secretary may transfer to the District, or a mutually agreed upon third party, the care, operation, and maintenance of the Project under conditions satisfactory to that Secretary and the District, and with respect to the portion of the Project that is located within the boundaries of Camp Pendleton, satisfactory also to the Secretary of the Navy. If such a transfer takes place, the District shall be entitled to an equitable credit for the costs associated with the Secretary’s proportionate share of the operation and maintenance of the Project. The amount of such costs shall be applied against the indebtedness of the District to the United States. 7. Scope of act
For the purpose of this Act, the basis, measure, and limit of all rights of the United States pertaining to the use of water shall be the laws of the State of California. That nothing in this Act shall be construed— (1) as a grant or a relinquishment by the United States of any rights to the use of water that it acquired according to the laws of the State of California, either as a result of its acquisition of the lands comprising Camp Joseph H. Pendleton and adjoining naval installations, and the rights to the use of water as a part of that acquisition, or through actual use or prescription or both since the date of that acquisition, if any; (2) to create any legal obligation to store any water in the Project, to the use of which the United States has such rights; (3) to constitute a recognition of, or an admission that, the District has any rights to the use of water in the Santa Margarita River, which rights, if any, exist only by virtue of the laws of the State of California; or (4) to require the division under this Act of water to which the United States has such rights. 8. Limitations on operation and administration
Unless otherwise agreed by the Secretary of the Navy, the Project— (1) shall be operated in a manner which allows the free passage of all of the water to the use of which the United States is entitled according to the laws of the State of California either as a result of its acquisition of the lands comprising Camp Joseph H. Pendleton and adjoining naval installations, and the rights to the use of water as a part of those acquisitions, or through actual use or prescription, or both, since the date of that acquisition, if any; and (2) shall not be administered or operated in any way which will impair or deplete the quantities of water the use of which the United States would be entitled under the laws of the State of California had the Project not been built. 9. Authorization of Appropriations
There is authorized to be appropriated, out of any money in the Treasury of the United States not otherwise appropriated, the following: (1) $60,000,000 (the current estimated construction cost of the Project, plus or minus such amounts as may be indicated by the engineering cost indices for this type of construction); and (2) such sums as may be required to operate and maintain the said project. 10. Reports to congress
Not later than 1 year after the date of the enactment of this Act and periodically thereafter, the Attorney General, the Secretary of the Interior, and the Secretary of the Navy shall each report to the Congress regarding if the conditions specified in section 2(b) have been met and if so, the details of how they were met. | 10,334 | [
"Armed Services Committee",
"Natural Resources Committee"
] |
108hr5327ih | 108 | hr | 5,327 | ih | To amend the Internal Revenue Code of 1986 to provide an increased exclusion of gain from the sale of a principal residence by certain widows and widowers. | [
{
"text": "1. Increased exclusion on sale of principal residence by certain widows and widowers \n(a) In general \nSection 121(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (4) Special rules for widows and widowers \nIn the case of an unmarried individual who was married and whose marriage ceased by reason of the death of such individual’s spouse, paragraph (1) shall be applied by substituting $500,000 for $250,000 if— (A) such property was owned by such individual or such individual’s spouse immediately before the death of such spouse, (B) the requirements of paragraphs (2)(A) and (3) would have been met if such property had been sold immediately before the death of such spouse, and (C) the sale or exchange of such property is during the 1-year period beginning on the date of the death of such spouse.. (b) Conforming amendment \nSection 121(c)(1) of such Code is amended by striking or (2) and inserting , (2), or (4). (c) Effective date \nThe amendments made by this section shall apply to sales and exchanges after the date of the enactment of this Act, in taxable years ending after such date.",
"id": "H88FB1C74F6694CE6BCEF91D756AC424D",
"header": "Increased exclusion on sale of principal residence by certain widows and widowers",
"nested": [
{
"text": "(a) In general \nSection 121(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (4) Special rules for widows and widowers \nIn the case of an unmarried individual who was married and whose marriage ceased by reason of the death of such individual’s spouse, paragraph (1) shall be applied by substituting $500,000 for $250,000 if— (A) such property was owned by such individual or such individual’s spouse immediately before the death of such spouse, (B) the requirements of paragraphs (2)(A) and (3) would have been met if such property had been sold immediately before the death of such spouse, and (C) the sale or exchange of such property is during the 1-year period beginning on the date of the death of such spouse..",
"id": "H82BD18F7029F4144A9D7FD9E23E097B8",
"header": "In general",
"nested": [],
"links": [
{
"text": "Section 121(b)",
"legal-doc": "usc",
"parsable-cite": "usc/26/121"
}
]
},
{
"text": "(b) Conforming amendment \nSection 121(c)(1) of such Code is amended by striking or (2) and inserting , (2), or (4).",
"id": "HE505F4D95D4E4A84B92888298822B8F1",
"header": "Conforming amendment",
"nested": [],
"links": []
},
{
"text": "(c) Effective date \nThe amendments made by this section shall apply to sales and exchanges after the date of the enactment of this Act, in taxable years ending after such date.",
"id": "H8D28255170CE475FB6CC84D99E872EB6",
"header": "Effective date",
"nested": [],
"links": []
}
],
"links": [
{
"text": "Section 121(b)",
"legal-doc": "usc",
"parsable-cite": "usc/26/121"
}
]
}
] | 1 | 1. Increased exclusion on sale of principal residence by certain widows and widowers
(a) In general
Section 121(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (4) Special rules for widows and widowers
In the case of an unmarried individual who was married and whose marriage ceased by reason of the death of such individual’s spouse, paragraph (1) shall be applied by substituting $500,000 for $250,000 if— (A) such property was owned by such individual or such individual’s spouse immediately before the death of such spouse, (B) the requirements of paragraphs (2)(A) and (3) would have been met if such property had been sold immediately before the death of such spouse, and (C) the sale or exchange of such property is during the 1-year period beginning on the date of the death of such spouse.. (b) Conforming amendment
Section 121(c)(1) of such Code is amended by striking or (2) and inserting , (2), or (4). (c) Effective date
The amendments made by this section shall apply to sales and exchanges after the date of the enactment of this Act, in taxable years ending after such date. | 1,148 | [
"Ways and Means Committee"
] |
108hr3765ih | 108 | hr | 3,765 | ih | To require the Secretary of the Treasury to mint coins in commemoration of the recipients of the Congressional Medal of Honor. | [
{
"text": "1. Short title \nThis Act may be cited as the.",
"id": "HDF8D24BEDAFD4A92A68EADF9DB09DA9",
"header": "Short title",
"nested": [],
"links": []
},
{
"text": "2. Findings \nCongress finds the following: (1) The Congressional Medal of Honor is the highest award for valor that can be bestowed upon a member of the Armed Forces of the United States. (2) The recipients of the Congressional Medal of Honor have conspicuously distinguished themselves by gallantry and intrepidity at the risk of their lives above and beyond the call of duty. (3) The National Medal of Honor Memorial at Riverside National Cemetery is a fitting monument to the heroes who have received the Congressional Medal of Honor. (4) The National Medal of Honor Memorial at Riverside National Cemetery honors the service and sacrifice of each of the recipients of the Congressional Medal of Honor. (5) The $1,700,000 required to build the National Medal of Honor Memorial at Riverside National Cemetery was raised solely through donations to the Riverside National Cemetery Congressional Medal of Honor Memorial Committee. (6) Substantial support exists among the people of the United States for the minting and issuance of coins in commemoration of the recipients of the Congressional Medal of Honor. (7) The people of the United States will be able to keep and hold the coins minted under this Act as a personal memorial to the many heroes who have received the Congressional Medal of Honor.",
"id": "HBDFC8B8656E14C84AC45229695C74847",
"header": "Findings",
"nested": [],
"links": []
},
{
"text": "3. Coin specifications \n(a) Denominations \nIn commemoration of the recipients of the Congressional Medal of Honor, the Secretary of the Treasury (hereafter in this Act referred to as the Secretary ) shall mint and issue the following: (1) $5 Gold Coins \nNot more than 50,000 $5 coins, each of which shall— (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 Silver Coins \nNot more than 250,000 $1 coins, each of which shall— (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (b) Legal tender \nThe coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic items \nFor purposes of section 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items.",
"id": "HF4A52577C1A545BEB4D4839390612990",
"header": "Coin specifications",
"nested": [
{
"text": "(a) Denominations \nIn commemoration of the recipients of the Congressional Medal of Honor, the Secretary of the Treasury (hereafter in this Act referred to as the Secretary ) shall mint and issue the following: (1) $5 Gold Coins \nNot more than 50,000 $5 coins, each of which shall— (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 Silver Coins \nNot more than 250,000 $1 coins, each of which shall— (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper.",
"id": "H5650146F1995401AB7A66DFB9783488",
"header": "Denominations",
"nested": [],
"links": []
},
{
"text": "(b) Legal tender \nThe coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code.",
"id": "HA3F4E0D9BAF64F4880E809ECFBB67B5B",
"header": "Legal tender",
"nested": [],
"links": [
{
"text": "section 5103",
"legal-doc": "usc",
"parsable-cite": "usc/31/5103"
}
]
},
{
"text": "(c) Numismatic items \nFor purposes of section 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items.",
"id": "HF54DC4BB8F00487FBC689B89C62015E4",
"header": "Numismatic items",
"nested": [],
"links": [
{
"text": "section 5136",
"legal-doc": "usc",
"parsable-cite": "usc/31/5136"
}
]
}
],
"links": [
{
"text": "section 5103",
"legal-doc": "usc",
"parsable-cite": "usc/31/5103"
},
{
"text": "section 5136",
"legal-doc": "usc",
"parsable-cite": "usc/31/5136"
}
]
},
{
"text": "4. Design of coins \n(a) In general \nThe design of the coins minted under this Act shall be emblematic of the values and abilities necessary to earn the Congressional Medal of Honor, such as gallantry and intrepidity. (b) Designation and inscriptions \nOn each coin minted under this Act there shall be— (1) a designation of the value of the coin; (2) an inscription of the year 2008 ; and (3) inscriptions of the words Liberty , In God We Trust , United States of America , and E Pluribus Unum. (c) Selection \nThe design for the coins minted under this Act shall be— (1) selected by the Secretary after consultation with the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee.",
"id": "H55418F724D16456F875DACF40AD85C6",
"header": "Design of coins",
"nested": [
{
"text": "(a) In general \nThe design of the coins minted under this Act shall be emblematic of the values and abilities necessary to earn the Congressional Medal of Honor, such as gallantry and intrepidity.",
"id": "HAEF6F78B02B542609DEDBA947549E0C0",
"header": "In general",
"nested": [],
"links": []
},
{
"text": "(b) Designation and inscriptions \nOn each coin minted under this Act there shall be— (1) a designation of the value of the coin; (2) an inscription of the year 2008 ; and (3) inscriptions of the words Liberty , In God We Trust , United States of America , and E Pluribus Unum.",
"id": "H396A8B48EE0E4CB09F3F278BCA989C5C",
"header": "Designation and inscriptions",
"nested": [],
"links": []
},
{
"text": "(c) Selection \nThe design for the coins minted under this Act shall be— (1) selected by the Secretary after consultation with the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee.",
"id": "HE8E216444D2845DB893E50973EC57988",
"header": "Selection",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "5. Issuance of coins \n(a) Quality of coins \nCoins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint facility \nOnly 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for issuance \nThe Secretary may issue coins minted under this Act only during the period beginning on January 1, 2008, and ending on December 31, 2008.",
"id": "H53458DA1AA6744759162BA2DDEE8A100",
"header": "Issuance of coins",
"nested": [
{
"text": "(a) Quality of coins \nCoins minted under this Act shall be issued in uncirculated and proof qualities.",
"id": "HBAA7BF2E26FD4285B5A3E5478DC78BB8",
"header": "Quality of coins",
"nested": [],
"links": []
},
{
"text": "(b) Mint facility \nOnly 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act.",
"id": "HC355F1F2082D4E219183DE6DA7CE9191",
"header": "Mint facility",
"nested": [],
"links": []
},
{
"text": "(c) Period for issuance \nThe Secretary may issue coins minted under this Act only during the period beginning on January 1, 2008, and ending on December 31, 2008.",
"id": "HAB8AB033C1D849B3B82603A144914BD",
"header": "Period for issuance",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "6. Sale of coins \n(a) Sale price \nThe coins issued under this Act shall be sold by the Secretary at a price equal to the sum of— (1) the face value of the coins; (2) the surcharges required by section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk sales \nThe Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid orders \nThe Secretary shall accept prepaid orders received before the issuance of the coins minted under this Act. The sale prices with respect to such prepaid orders shall be at a reasonable discount.",
"id": "H568EE43424C748D4BA2EE0FEFE732194",
"header": "Sale of coins",
"nested": [
{
"text": "(a) Sale price \nThe coins issued under this Act shall be sold by the Secretary at a price equal to the sum of— (1) the face value of the coins; (2) the surcharges required by section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping).",
"id": "H8A9BFA13717F4625964610ADB58559EB",
"header": "Sale price",
"nested": [],
"links": []
},
{
"text": "(b) Bulk sales \nThe Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount.",
"id": "H4E7DFAD7D381412EBDA856F9D0051BE",
"header": "Bulk sales",
"nested": [],
"links": []
},
{
"text": "(c) Prepaid orders \nThe Secretary shall accept prepaid orders received before the issuance of the coins minted under this Act. The sale prices with respect to such prepaid orders shall be at a reasonable discount.",
"id": "H98754E8A0E894EC9A13EAC8E592C186B",
"header": "Prepaid orders",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "7. Surcharges \n(a) Assessment \nAny sale by the Secretary of a coin minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 coin. (b) Distribution \nSubject to section 5134(f) of title 31, United States Code, the proceeds from the surcharges received by the Secretary from the sale of coins issued under this Act shall be paid promptly by the Secretary to the Riverside National Cemetery Support Committee, a nonprofit organization established under the laws of the State of California, for the purposes of— (1) maintaining the National Medal of Honor Memorial at Riverside National Cemetery; and (2) constructing and maintaining such memorials as the Riverside National Cemetery Support Committee and the Secretary of Veterans Affairs may jointly designate. (c) Audits \nThe Riverside National Cemetery Support Committee shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received by the Committee under subsection (b).",
"id": "HAD9756C8FAE243E7A4F58065E15BFFA1",
"header": "Surcharges",
"nested": [
{
"text": "(a) Assessment \nAny sale by the Secretary of a coin minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 coin.",
"id": "HBCF4C577865B4B60BC5E9601E4691703",
"header": "Assessment",
"nested": [],
"links": []
},
{
"text": "(b) Distribution \nSubject to section 5134(f) of title 31, United States Code, the proceeds from the surcharges received by the Secretary from the sale of coins issued under this Act shall be paid promptly by the Secretary to the Riverside National Cemetery Support Committee, a nonprofit organization established under the laws of the State of California, for the purposes of— (1) maintaining the National Medal of Honor Memorial at Riverside National Cemetery; and (2) constructing and maintaining such memorials as the Riverside National Cemetery Support Committee and the Secretary of Veterans Affairs may jointly designate.",
"id": "H212A0086E136410D911C00720000C105",
"header": "Distribution",
"nested": [],
"links": [
{
"text": "section 5134(f)",
"legal-doc": "usc",
"parsable-cite": "usc/31/5134"
}
]
},
{
"text": "(c) Audits \nThe Riverside National Cemetery Support Committee shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received by the Committee under subsection (b).",
"id": "HA40FA1F45090413588226C78AADD7B54",
"header": "Audits",
"nested": [],
"links": [
{
"text": "section 5134(f)(2)",
"legal-doc": "usc",
"parsable-cite": "usc/31/5134"
}
]
}
],
"links": [
{
"text": "section 5134(f)",
"legal-doc": "usc",
"parsable-cite": "usc/31/5134"
},
{
"text": "section 5134(f)(2)",
"legal-doc": "usc",
"parsable-cite": "usc/31/5134"
}
]
}
] | 7 | 1. Short title
This Act may be cited as the. 2. Findings
Congress finds the following: (1) The Congressional Medal of Honor is the highest award for valor that can be bestowed upon a member of the Armed Forces of the United States. (2) The recipients of the Congressional Medal of Honor have conspicuously distinguished themselves by gallantry and intrepidity at the risk of their lives above and beyond the call of duty. (3) The National Medal of Honor Memorial at Riverside National Cemetery is a fitting monument to the heroes who have received the Congressional Medal of Honor. (4) The National Medal of Honor Memorial at Riverside National Cemetery honors the service and sacrifice of each of the recipients of the Congressional Medal of Honor. (5) The $1,700,000 required to build the National Medal of Honor Memorial at Riverside National Cemetery was raised solely through donations to the Riverside National Cemetery Congressional Medal of Honor Memorial Committee. (6) Substantial support exists among the people of the United States for the minting and issuance of coins in commemoration of the recipients of the Congressional Medal of Honor. (7) The people of the United States will be able to keep and hold the coins minted under this Act as a personal memorial to the many heroes who have received the Congressional Medal of Honor. 3. Coin specifications
(a) Denominations
In commemoration of the recipients of the Congressional Medal of Honor, the Secretary of the Treasury (hereafter in this Act referred to as the Secretary ) shall mint and issue the following: (1) $5 Gold Coins
Not more than 50,000 $5 coins, each of which shall— (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 Silver Coins
Not more than 250,000 $1 coins, each of which shall— (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (b) Legal tender
The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic items
For purposes of section 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. 4. Design of coins
(a) In general
The design of the coins minted under this Act shall be emblematic of the values and abilities necessary to earn the Congressional Medal of Honor, such as gallantry and intrepidity. (b) Designation and inscriptions
On each coin minted under this Act there shall be— (1) a designation of the value of the coin; (2) an inscription of the year 2008 ; and (3) inscriptions of the words Liberty , In God We Trust , United States of America , and E Pluribus Unum. (c) Selection
The design for the coins minted under this Act shall be— (1) selected by the Secretary after consultation with the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee. 5. Issuance of coins
(a) Quality of coins
Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint facility
Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for issuance
The Secretary may issue coins minted under this Act only during the period beginning on January 1, 2008, and ending on December 31, 2008. 6. Sale of coins
(a) Sale price
The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of— (1) the face value of the coins; (2) the surcharges required by section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk sales
The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid orders
The Secretary shall accept prepaid orders received before the issuance of the coins minted under this Act. The sale prices with respect to such prepaid orders shall be at a reasonable discount. 7. Surcharges
(a) Assessment
Any sale by the Secretary of a coin minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 coin. (b) Distribution
Subject to section 5134(f) of title 31, United States Code, the proceeds from the surcharges received by the Secretary from the sale of coins issued under this Act shall be paid promptly by the Secretary to the Riverside National Cemetery Support Committee, a nonprofit organization established under the laws of the State of California, for the purposes of— (1) maintaining the National Medal of Honor Memorial at Riverside National Cemetery; and (2) constructing and maintaining such memorials as the Riverside National Cemetery Support Committee and the Secretary of Veterans Affairs may jointly designate. (c) Audits
The Riverside National Cemetery Support Committee shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received by the Committee under subsection (b). | 5,191 | [
"Financial Services Committee"
] |
108hr4749ih | 108 | hr | 4,749 | ih | To require accountability for personnel performing Federal contracts with private security contractors. | [
{
"text": "1. Short title \nThis Act may be cited as the Transparency and Accountability in Security Contracting Act.",
"id": "H74954A60D06E4D6282CF6FF4EEB58432",
"header": "Short title",
"nested": [],
"links": []
},
{
"text": "2. Requirements relating to contracts with private security contractors \n(a) Accountability requirements for personnel performing federal contracts with private security contractors \n(1) Requirement to provide certain information about personnel performing federal contracts \nEach covered contract shall require contractors to provide the appropriate Federal Government contracting officer with the following information at the time the contract is awarded and to update the information during contract performance as necessary: (A) Number of persons being used by the contractor and subcontractors (at any tier) of the contractor to carry out the contract and any subcontracts under the contract. (B) A description of how such persons are trained to carry out tasks specified under the contract. (C) The salaries and benefits of such persons. (D) A description of each category of activity required by the covered contract. (2) Full cost accounting \nEach covered contract shall include the following requirements: (A) Before award of the contract, the contractor shall provide cost estimates of salary, insurance, materials, logistics, travel, administrative costs, and other costs of carrying out the contract. (B) Before contract closeout, the contractor shall provide a report on the actual costs of carrying out the contract, in the same categories as provided under subparagraph (A). (3) Casualty reporting \nEach covered contract shall require full reporting by the contractor of all personnel casualties in carrying out the contract. (4) Oversight \nBefore a covered contract is awarded, the head of the agency awarding the contract shall ensure that sufficient funds are available to enable contracting officers of the agency to perform oversight of the performance of the contract. (5) Waiver authority \nThe head of the agency awarding a covered contract may waive a requirement of this section with respect to a contract in an emergency or exceptional situation, as determined by the head of the agency. Any such waiver shall be limited to the requirements that are impossible or impracticable to implement because of the emergency or exceptional situation. In any case in which the head of an agency waives a requirement under this section with respect to a contract, the agency head shall submit to Congress a report, within 30 days after the date of award of the contract, that describes the contract, the waiver, the emergency or exceptional situation that justified the waiver, and a plan for bringing the contract into compliance with the waived requirements as soon as possible or an explanation of why the waiver needs to be permanent. (6) FAR revisions \nNot later than 120 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be revised to implement the provisions of this subsection. (b) Requirements of the Secretary of Defense relating to contracts with private security contractors \n(1) Hiring standards relating to private security contractors \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe in regulations minimum standards for the persons that private security contractors may hire for the performance of any covered contract. The standards may vary based on the duties of personnel, but must address past criminal activity, security clearance requirements, and other issues the Secretary determines may lead to security or performance concerns. (2) Comparative analysis \nBefore a Federal agency enters into a covered contract, the Secretary of Defense shall perform a cost and effectiveness analysis for every category of potential activity that may be carried out by the private security contractor under the contract, comparing the cost and effectiveness that would be associated with the same activities being carried out by civilian employees of the Department of Defense or members of the Armed Forces. The Secretary shall ensure, as part of the analysis, that the overall military mission would not be significantly affected if the contractor personnel refused to perform work as required under the contract. (c) Definitions \nIn this section: (1) Covered contracts \nThe term covered contract means a contract entered into by the Federal Government with a private security contractor, except that, in the case of a task or delivery order contract entered into by the Federal Government with a private security contractor, the term means a task order issued under the contract. (2) Private security contractor \nThe term private security contractor means any entity under contract with the Federal Government— (A) whose personnel are allowed to carry weapons as part of their contract; or (B) that uses persons who perform one or more of the following duties: (i) Military logistics and maintenance. (ii) Interrogation of prisoners. (iii) Convoy security. (iv) Guarding vital facilities and personnel. (v) Intelligence gathering and analysis. (vi) Tactical security work. (vii) Local force training. (d) Effective date \nThis section shall apply to covered contracts entered into on or after the date occurring 60 days after the date of the enactment of this Act.",
"id": "H3CE0347E8798449AB243C9D7208B48AA",
"header": "Requirements relating to contracts with private security contractors",
"nested": [
{
"text": "(a) Accountability requirements for personnel performing federal contracts with private security contractors \n(1) Requirement to provide certain information about personnel performing federal contracts \nEach covered contract shall require contractors to provide the appropriate Federal Government contracting officer with the following information at the time the contract is awarded and to update the information during contract performance as necessary: (A) Number of persons being used by the contractor and subcontractors (at any tier) of the contractor to carry out the contract and any subcontracts under the contract. (B) A description of how such persons are trained to carry out tasks specified under the contract. (C) The salaries and benefits of such persons. (D) A description of each category of activity required by the covered contract. (2) Full cost accounting \nEach covered contract shall include the following requirements: (A) Before award of the contract, the contractor shall provide cost estimates of salary, insurance, materials, logistics, travel, administrative costs, and other costs of carrying out the contract. (B) Before contract closeout, the contractor shall provide a report on the actual costs of carrying out the contract, in the same categories as provided under subparagraph (A). (3) Casualty reporting \nEach covered contract shall require full reporting by the contractor of all personnel casualties in carrying out the contract. (4) Oversight \nBefore a covered contract is awarded, the head of the agency awarding the contract shall ensure that sufficient funds are available to enable contracting officers of the agency to perform oversight of the performance of the contract. (5) Waiver authority \nThe head of the agency awarding a covered contract may waive a requirement of this section with respect to a contract in an emergency or exceptional situation, as determined by the head of the agency. Any such waiver shall be limited to the requirements that are impossible or impracticable to implement because of the emergency or exceptional situation. In any case in which the head of an agency waives a requirement under this section with respect to a contract, the agency head shall submit to Congress a report, within 30 days after the date of award of the contract, that describes the contract, the waiver, the emergency or exceptional situation that justified the waiver, and a plan for bringing the contract into compliance with the waived requirements as soon as possible or an explanation of why the waiver needs to be permanent. (6) FAR revisions \nNot later than 120 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be revised to implement the provisions of this subsection.",
"id": "HEE5BD2CAC7734921B631EEEE77D51A7",
"header": "Accountability requirements for personnel performing federal contracts with private security contractors",
"nested": [],
"links": []
},
{
"text": "(b) Requirements of the Secretary of Defense relating to contracts with private security contractors \n(1) Hiring standards relating to private security contractors \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe in regulations minimum standards for the persons that private security contractors may hire for the performance of any covered contract. The standards may vary based on the duties of personnel, but must address past criminal activity, security clearance requirements, and other issues the Secretary determines may lead to security or performance concerns. (2) Comparative analysis \nBefore a Federal agency enters into a covered contract, the Secretary of Defense shall perform a cost and effectiveness analysis for every category of potential activity that may be carried out by the private security contractor under the contract, comparing the cost and effectiveness that would be associated with the same activities being carried out by civilian employees of the Department of Defense or members of the Armed Forces. The Secretary shall ensure, as part of the analysis, that the overall military mission would not be significantly affected if the contractor personnel refused to perform work as required under the contract.",
"id": "H7BB8AF93AAC6449FB603FDCAE353001D",
"header": "Requirements of the Secretary of Defense relating to contracts with private security contractors",
"nested": [],
"links": []
},
{
"text": "(c) Definitions \nIn this section: (1) Covered contracts \nThe term covered contract means a contract entered into by the Federal Government with a private security contractor, except that, in the case of a task or delivery order contract entered into by the Federal Government with a private security contractor, the term means a task order issued under the contract. (2) Private security contractor \nThe term private security contractor means any entity under contract with the Federal Government— (A) whose personnel are allowed to carry weapons as part of their contract; or (B) that uses persons who perform one or more of the following duties: (i) Military logistics and maintenance. (ii) Interrogation of prisoners. (iii) Convoy security. (iv) Guarding vital facilities and personnel. (v) Intelligence gathering and analysis. (vi) Tactical security work. (vii) Local force training.",
"id": "HF45B73F300CF49E491DD00143F45DF10",
"header": "Definitions",
"nested": [],
"links": []
},
{
"text": "(d) Effective date \nThis section shall apply to covered contracts entered into on or after the date occurring 60 days after the date of the enactment of this Act.",
"id": "HA1C40DC200AD4602B727AF85EB7F3775",
"header": "Effective date",
"nested": [],
"links": []
}
],
"links": []
}
] | 2 | 1. Short title
This Act may be cited as the Transparency and Accountability in Security Contracting Act. 2. Requirements relating to contracts with private security contractors
(a) Accountability requirements for personnel performing federal contracts with private security contractors
(1) Requirement to provide certain information about personnel performing federal contracts
Each covered contract shall require contractors to provide the appropriate Federal Government contracting officer with the following information at the time the contract is awarded and to update the information during contract performance as necessary: (A) Number of persons being used by the contractor and subcontractors (at any tier) of the contractor to carry out the contract and any subcontracts under the contract. (B) A description of how such persons are trained to carry out tasks specified under the contract. (C) The salaries and benefits of such persons. (D) A description of each category of activity required by the covered contract. (2) Full cost accounting
Each covered contract shall include the following requirements: (A) Before award of the contract, the contractor shall provide cost estimates of salary, insurance, materials, logistics, travel, administrative costs, and other costs of carrying out the contract. (B) Before contract closeout, the contractor shall provide a report on the actual costs of carrying out the contract, in the same categories as provided under subparagraph (A). (3) Casualty reporting
Each covered contract shall require full reporting by the contractor of all personnel casualties in carrying out the contract. (4) Oversight
Before a covered contract is awarded, the head of the agency awarding the contract shall ensure that sufficient funds are available to enable contracting officers of the agency to perform oversight of the performance of the contract. (5) Waiver authority
The head of the agency awarding a covered contract may waive a requirement of this section with respect to a contract in an emergency or exceptional situation, as determined by the head of the agency. Any such waiver shall be limited to the requirements that are impossible or impracticable to implement because of the emergency or exceptional situation. In any case in which the head of an agency waives a requirement under this section with respect to a contract, the agency head shall submit to Congress a report, within 30 days after the date of award of the contract, that describes the contract, the waiver, the emergency or exceptional situation that justified the waiver, and a plan for bringing the contract into compliance with the waived requirements as soon as possible or an explanation of why the waiver needs to be permanent. (6) FAR revisions
Not later than 120 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be revised to implement the provisions of this subsection. (b) Requirements of the Secretary of Defense relating to contracts with private security contractors
(1) Hiring standards relating to private security contractors
Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe in regulations minimum standards for the persons that private security contractors may hire for the performance of any covered contract. The standards may vary based on the duties of personnel, but must address past criminal activity, security clearance requirements, and other issues the Secretary determines may lead to security or performance concerns. (2) Comparative analysis
Before a Federal agency enters into a covered contract, the Secretary of Defense shall perform a cost and effectiveness analysis for every category of potential activity that may be carried out by the private security contractor under the contract, comparing the cost and effectiveness that would be associated with the same activities being carried out by civilian employees of the Department of Defense or members of the Armed Forces. The Secretary shall ensure, as part of the analysis, that the overall military mission would not be significantly affected if the contractor personnel refused to perform work as required under the contract. (c) Definitions
In this section: (1) Covered contracts
The term covered contract means a contract entered into by the Federal Government with a private security contractor, except that, in the case of a task or delivery order contract entered into by the Federal Government with a private security contractor, the term means a task order issued under the contract. (2) Private security contractor
The term private security contractor means any entity under contract with the Federal Government— (A) whose personnel are allowed to carry weapons as part of their contract; or (B) that uses persons who perform one or more of the following duties: (i) Military logistics and maintenance. (ii) Interrogation of prisoners. (iii) Convoy security. (iv) Guarding vital facilities and personnel. (v) Intelligence gathering and analysis. (vi) Tactical security work. (vii) Local force training. (d) Effective date
This section shall apply to covered contracts entered into on or after the date occurring 60 days after the date of the enactment of this Act. | 5,297 | [
"Armed Services Committee",
"Oversight and Accountability Committee"
] |
108hr5204ih | 108 | hr | 5,204 | ih | To amend section 340E of the Public Health Service Act (relating to children’s hospitals) to modify provisions regarding the determination of the amount of payments for indirect expenses associated with operating approved graduate medical residency training programs. | [
{
"text": "1. Disregard of newborn bassinets in calculating case mix for receipt by children’s hospitals of funding for graduate medical education programs \n(a) In general \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). (b) Effective date \nThe amendments made by subsection (a) shall apply to payments for periods beginning with fiscal year 2005.",
"id": "HBC8967F6C69E440896A35129753F2FA7",
"header": "Disregard of newborn bassinets in calculating case mix for receipt by children’s hospitals of funding for graduate medical education programs",
"nested": [
{
"text": "(a) In general \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": "H994F7C15397C49D9BF30974F398CA834",
"header": "In general",
"nested": [],
"links": [
{
"text": "42 U.S.C. 256e(d)",
"legal-doc": "usc",
"parsable-cite": "usc/42/256e"
}
]
},
{
"text": "(b) Effective date \nThe amendments made by subsection (a) shall apply to payments for periods beginning with fiscal year 2005.",
"id": "H95ABF25B24E242378227E67D88A53451",
"header": "Effective date",
"nested": [],
"links": []
}
],
"links": [
{
"text": "42 U.S.C. 256e(d)",
"legal-doc": "usc",
"parsable-cite": "usc/42/256e"
}
]
}
] | 1 | 1. Disregard of newborn bassinets in calculating case mix for receipt by children’s hospitals of funding for graduate medical education programs
(a) In general
Section 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). (b) Effective date
The amendments made by subsection (a) shall apply to payments for periods beginning with fiscal year 2005. | 665 | [
"Energy and Commerce Committee"
] |
108hr4939ih | 108 | hr | 4,939 | ih | To encourage savings, promote financial literacy, and expand opportunities for young adults by establishing KIDS Accounts. | [
{
"text": "1. Short title \nThis Act may be cited as the America Saving for Personal Investment, Retirement, and Education Act of 2004 or the ASPIRE Act of 2004.",
"id": "HA23482FEF93B45B99DB71ECADB3C3885",
"header": "Short title",
"nested": [],
"links": []
},
{
"text": "2. KIDS Account Fund \n(a) Establishment \nThere is established in the Treasury of the United States a KIDS Account Fund. (b) Amounts held by Fund \nThe KIDS Account Fund consists of the sum of all amounts paid into the Fund under subsections (d) and (e), increased by the total net earnings from investments of sums held in the Fund or reduced by the total net losses from investments of sums held in the Fund, and reduced by the total amount of payments made from the Fund (including payments for administrative expenses). (c) Use of Fund \n(1) In general \nThe sums in the KIDS Account Fund are appropriated and shall remain available without fiscal year limitation— (A) to invest under section 5, (B) to make distributions under section 6, (C) to pay the administrative expenses of carrying out this Act, and (D) to purchase insurance as provided in section 10(c)(2). (2) Exclusive purposes \nThe sums in the KIDS Account Fund shall not be appropriated for any purpose other than the purposes specified in this section and may not be used for any other purpose. (d) Government Contributions \n(1) In general \nThe Secretary of the Treasury shall make transfers from the general fund of the Treasury to the KIDS Account Fund as follows: (A) Automatic contributions \nUpon receipt of each certification under section 3(b), the Secretary of the Treasury shall transfer $500. (B) Supplemental contributions \nUpon receipt of each certification under section 4(a), the Secretary of the Treasury shall transfer the supplemental amount. (C) Matching contributions \nUpon receipt of each certification under section 4(b), the Secretary of the Treasury shall transfer the matching amount. (2) Adjustment for inflation \n(A) In general \nFor each fifth calendar year beginning after 2005, the $500 amount in paragraph (1)(A) shall be increased by such dollar amount multiplied by the cost-of-living adjustment determined under section 1(f)(3) of the Internal Revenue Code of 1986 determined by substituting calendar year 2004 for calendar year 1992 in subparagraph (B) thereof. (B) Rounding \nIf any amount adjusted under subparagraph (A) is not a multiple of $50, such amount shall be rounded to the next lowest multiple of $50. (e) Private contributions \nThe Executive Director shall pay into the KIDS Account Fund such amounts as are contributed under section 3(f).",
"id": "H2BED282AF63544BCA3B85B5F30127B61",
"header": "KIDS Account Fund",
"nested": [
{
"text": "(a) Establishment \nThere is established in the Treasury of the United States a KIDS Account Fund.",
"id": "H9E5E6593CB4B459CA36242881DCBE83C",
"header": "Establishment",
"nested": [],
"links": []
},
{
"text": "(b) Amounts held by Fund \nThe KIDS Account Fund consists of the sum of all amounts paid into the Fund under subsections (d) and (e), increased by the total net earnings from investments of sums held in the Fund or reduced by the total net losses from investments of sums held in the Fund, and reduced by the total amount of payments made from the Fund (including payments for administrative expenses).",
"id": "HC9A74FBE25094AF58D21F2DADF7C9C8",
"header": "Amounts held by Fund",
"nested": [],
"links": []
},
{
"text": "(c) Use of Fund \n(1) In general \nThe sums in the KIDS Account Fund are appropriated and shall remain available without fiscal year limitation— (A) to invest under section 5, (B) to make distributions under section 6, (C) to pay the administrative expenses of carrying out this Act, and (D) to purchase insurance as provided in section 10(c)(2). (2) Exclusive purposes \nThe sums in the KIDS Account Fund shall not be appropriated for any purpose other than the purposes specified in this section and may not be used for any other purpose.",
"id": "H78394F64D0EE46098244DAD2A8680569",
"header": "Use of Fund",
"nested": [],
"links": []
},
{
"text": "(d) Government Contributions \n(1) In general \nThe Secretary of the Treasury shall make transfers from the general fund of the Treasury to the KIDS Account Fund as follows: (A) Automatic contributions \nUpon receipt of each certification under section 3(b), the Secretary of the Treasury shall transfer $500. (B) Supplemental contributions \nUpon receipt of each certification under section 4(a), the Secretary of the Treasury shall transfer the supplemental amount. (C) Matching contributions \nUpon receipt of each certification under section 4(b), the Secretary of the Treasury shall transfer the matching amount. (2) Adjustment for inflation \n(A) In general \nFor each fifth calendar year beginning after 2005, the $500 amount in paragraph (1)(A) shall be increased by such dollar amount multiplied by the cost-of-living adjustment determined under section 1(f)(3) of the Internal Revenue Code of 1986 determined by substituting calendar year 2004 for calendar year 1992 in subparagraph (B) thereof. (B) Rounding \nIf any amount adjusted under subparagraph (A) is not a multiple of $50, such amount shall be rounded to the next lowest multiple of $50.",
"id": "H6054114EF6844977A983DDA00927F88",
"header": "Government Contributions",
"nested": [],
"links": [
{
"text": "section 1(f)(3)",
"legal-doc": "usc",
"parsable-cite": "usc/26/1"
}
]
},
{
"text": "(e) Private contributions \nThe Executive Director shall pay into the KIDS Account Fund such amounts as are contributed under section 3(f).",
"id": "HDAC3BE6BAE434032B3D4878F1288ED",
"header": "Private contributions",
"nested": [],
"links": []
}
],
"links": [
{
"text": "section 1(f)(3)",
"legal-doc": "usc",
"parsable-cite": "usc/26/1"
}
]
},
{
"text": "3. KIDS Accounts \n(a) Establishment \nThe Executive Director shall establish in the KIDS Account Fund a Kids Investment and Development Savings Account (hereinafter a KIDS Account ) for each eligible individual certified under subsection (b). Each such account shall be identified to its account holder by means of the account holder’s social security account number. (b) Certification of account holders \nOn the date on which an eligible individual is issued a social security account number under section 203(c)(2) of the Social Security Act, the Commissioner of Social Security shall certify to the Executive Director and the Secretary of the Treasury the name of, and social security number issued to, such eligible individual. (c) Account balance \nThe balance in an account holder’s KIDS Account at any time is the excess of— (1) the sum of— (A) all deposits made into the KIDS Account Fund and credited to the account under subsection (d), and (B) the total amount of allocations made to and reductions made in the account pursuant to subsection (e), over (2) the amounts paid out of the account with respect to such individual under section 6. (d) Crediting of contributions \nPursuant to regulations which shall be prescribed by the Executive Director, the Executive Director shall credit to each KIDS Account the amounts paid into the KIDS Account Fund under subsections (d) and (e) of section 2 which are attributable to the account holder of such account. (e) Allocation of earnings and losses \nThe Executive Director shall allocate to each KIDS Account an amount equal to the net earnings and net losses from each investment of sums in the KIDS Account Fund which are attributable, on a pro rata basis, to sums credited to such account, reduced by an appropriate share of the administrative expenses paid out of the net earnings, as determined by the Executive Director. (f) Private contributions \n(1) In general \nThe Executive Director shall accept cash contributions for payment into the KIDS Account Fund if such contribution is identified (in such manner as the Executive Director may require) with the account holder of a KIDS Account to whom it is to be credited at the time the contribution is made. (2) Alternative methods of contribution \n(A) Payroll deduction \nUnder regulations prescribed by the Executive Director and at the election of the employer, contributions under paragraph (1) may be made through payroll deductions. (B) Tax refunds \nUnder regulations prescribed by the Secretary of the Treasury, contributions under paragraph (1) may be made by an election to contribute all or a portion of the tax refund of the contributor. (3) Annual limitation \n(A) Account holders under age 18 \nIn the case of an account holder who has not attained age 18 at the end of a calendar year— (i) the limitation under section 219(b)(1) of the Internal Revenue Code of 1986 shall not apply, and (ii) the Executive Director shall not accept any contribution identified with such account holder if such contribution, when added to all other contributions made under this subsection during such calendar year with respect to such account holder, exceeds $1,000. (B) Account holders age 18 or older \nIn the case of an account holder who is age 18 or older at the end of a calendar year, any contribution identified with such account holder shall be taken into account under section 219(b)(1) of the Internal Revenue Code of 1986 for such year. (C) Adjustment for inflation \n(i) In general \nFor each fifth calendar year beginning after 2005, the $1,000 amount under subparagraph (A)(ii) shall be increased by such dollar amount multiplied by the cost-of-living adjustment determined under section 1(f)(3) of the Internal Revenue Code of 1986 determined by substituting calendar year 2004 for calendar year 1992 in subparagraph (B) thereof. (ii) Rounding \nIf any amount adjusted under clause (i) is not a multiple of $50, such amount shall be rounded to the next lowest multiple of $50. (g) Eligible individual \nFor purposes of this Act, the term eligible individual means any individual who is— (1) a United States citizen or a person described in paragraph (1) of section 431(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, (2) born after December 31, 2005, and (3) less than 18 years of age. (h) Repayment of automatic contribution \nBeginning with the year in which an account holder of a KIDS Account attains the age of 30, such account holder shall repay, in such form and manner as the Executive Director shall prescribe by regulation, the amount transferred under section 2(d)(1)(A) and credited to the account of the account holder under subsection (d). (i) Rights of legal guardian \nUntil the account holder of a KIDS Account attains age 18, any rights or duties of the account holder under this Act with respect to such account shall be exercised or performed by the legal guardian of such account holder.",
"id": "H0221A68641374757AED2D0514091ABB2",
"header": "KIDS Accounts",
"nested": [
{
"text": "(a) Establishment \nThe Executive Director shall establish in the KIDS Account Fund a Kids Investment and Development Savings Account (hereinafter a KIDS Account ) for each eligible individual certified under subsection (b). Each such account shall be identified to its account holder by means of the account holder’s social security account number.",
"id": "HCF99D81B1D804EE6B81C182BA1E236D7",
"header": "Establishment",
"nested": [],
"links": []
},
{
"text": "(b) Certification of account holders \nOn the date on which an eligible individual is issued a social security account number under section 203(c)(2) of the Social Security Act, the Commissioner of Social Security shall certify to the Executive Director and the Secretary of the Treasury the name of, and social security number issued to, such eligible individual.",
"id": "HA9AA7A4A74CF4C2FB2A312F0504B1F63",
"header": "Certification of account holders",
"nested": [],
"links": []
},
{
"text": "(c) Account balance \nThe balance in an account holder’s KIDS Account at any time is the excess of— (1) the sum of— (A) all deposits made into the KIDS Account Fund and credited to the account under subsection (d), and (B) the total amount of allocations made to and reductions made in the account pursuant to subsection (e), over (2) the amounts paid out of the account with respect to such individual under section 6.",
"id": "HCB76B198A45B46B991336CDC32684D55",
"header": "Account balance",
"nested": [],
"links": []
},
{
"text": "(d) Crediting of contributions \nPursuant to regulations which shall be prescribed by the Executive Director, the Executive Director shall credit to each KIDS Account the amounts paid into the KIDS Account Fund under subsections (d) and (e) of section 2 which are attributable to the account holder of such account.",
"id": "HF7BC1027D5D44EB48F289153EED9CA00",
"header": "Crediting of contributions",
"nested": [],
"links": []
},
{
"text": "(e) Allocation of earnings and losses \nThe Executive Director shall allocate to each KIDS Account an amount equal to the net earnings and net losses from each investment of sums in the KIDS Account Fund which are attributable, on a pro rata basis, to sums credited to such account, reduced by an appropriate share of the administrative expenses paid out of the net earnings, as determined by the Executive Director.",
"id": "H33C58EA47B4C49CFB572066FA978D0CF",
"header": "Allocation of earnings and losses",
"nested": [],
"links": []
},
{
"text": "(f) Private contributions \n(1) In general \nThe Executive Director shall accept cash contributions for payment into the KIDS Account Fund if such contribution is identified (in such manner as the Executive Director may require) with the account holder of a KIDS Account to whom it is to be credited at the time the contribution is made. (2) Alternative methods of contribution \n(A) Payroll deduction \nUnder regulations prescribed by the Executive Director and at the election of the employer, contributions under paragraph (1) may be made through payroll deductions. (B) Tax refunds \nUnder regulations prescribed by the Secretary of the Treasury, contributions under paragraph (1) may be made by an election to contribute all or a portion of the tax refund of the contributor. (3) Annual limitation \n(A) Account holders under age 18 \nIn the case of an account holder who has not attained age 18 at the end of a calendar year— (i) the limitation under section 219(b)(1) of the Internal Revenue Code of 1986 shall not apply, and (ii) the Executive Director shall not accept any contribution identified with such account holder if such contribution, when added to all other contributions made under this subsection during such calendar year with respect to such account holder, exceeds $1,000. (B) Account holders age 18 or older \nIn the case of an account holder who is age 18 or older at the end of a calendar year, any contribution identified with such account holder shall be taken into account under section 219(b)(1) of the Internal Revenue Code of 1986 for such year. (C) Adjustment for inflation \n(i) In general \nFor each fifth calendar year beginning after 2005, the $1,000 amount under subparagraph (A)(ii) shall be increased by such dollar amount multiplied by the cost-of-living adjustment determined under section 1(f)(3) of the Internal Revenue Code of 1986 determined by substituting calendar year 2004 for calendar year 1992 in subparagraph (B) thereof. (ii) Rounding \nIf any amount adjusted under clause (i) is not a multiple of $50, such amount shall be rounded to the next lowest multiple of $50.",
"id": "H34C2A46583814860996E73C7E84C592F",
"header": "Private contributions",
"nested": [],
"links": [
{
"text": "section 219(b)(1)",
"legal-doc": "usc",
"parsable-cite": "usc/26/219"
},
{
"text": "section 219(b)(1)",
"legal-doc": "usc",
"parsable-cite": "usc/26/219"
},
{
"text": "section 1(f)(3)",
"legal-doc": "usc",
"parsable-cite": "usc/26/1"
}
]
},
{
"text": "(g) Eligible individual \nFor purposes of this Act, the term eligible individual means any individual who is— (1) a United States citizen or a person described in paragraph (1) of section 431(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, (2) born after December 31, 2005, and (3) less than 18 years of age.",
"id": "HC6546FEDFF1A45A7B375DE55D2012288",
"header": "Eligible individual",
"nested": [],
"links": []
},
{
"text": "(h) Repayment of automatic contribution \nBeginning with the year in which an account holder of a KIDS Account attains the age of 30, such account holder shall repay, in such form and manner as the Executive Director shall prescribe by regulation, the amount transferred under section 2(d)(1)(A) and credited to the account of the account holder under subsection (d).",
"id": "H4DAC19D4B5054AE98B4B6BFA8312E254",
"header": "Repayment of automatic contribution",
"nested": [],
"links": []
},
{
"text": "(i) Rights of legal guardian \nUntil the account holder of a KIDS Account attains age 18, any rights or duties of the account holder under this Act with respect to such account shall be exercised or performed by the legal guardian of such account holder.",
"id": "H4F8FE69C300E47C6A95CFA3CF954F073",
"header": "Rights of legal guardian",
"nested": [],
"links": []
}
],
"links": [
{
"text": "section 219(b)(1)",
"legal-doc": "usc",
"parsable-cite": "usc/26/219"
},
{
"text": "section 219(b)(1)",
"legal-doc": "usc",
"parsable-cite": "usc/26/219"
},
{
"text": "section 1(f)(3)",
"legal-doc": "usc",
"parsable-cite": "usc/26/1"
}
]
},
{
"text": "4. Certifications related to government contributions \n(a) Supplemental government contributions \n(1) In general \nUpon such showing as the Executive Director may require to establish the basis for certification, the Executive Director shall, with respect to each eligible account holder, certify to the Secretary of the Treasury the supplemental amount with respect to such account holder. (2) Eligible account holder \nFor purposes of this subsection, the term eligible account holder means an account holder of a KIDS Account who, for the last taxable year ending before such account holder’s certification under section 3(b), has a modified adjusted gross income which is below the applicable national median adjusted gross income amount. (3) Supplemental amount \n(A) In general \nFor purposes of this Act, the term supplemental amount means $500. (B) Income phase-out \nWith respect to any account holder who has a modified adjusted gross income for the last taxable year ending before such account holder’s certification under section 3(b) which is in excess of 50 percent of the applicable national median adjusted gross income amount, the $500 amount in subparagraph (A) shall be reduced (but not below zero) by an amount which bears the same ratio to $500 as such excess bears to 50 percent of the applicable national median adjusted gross income amount. (C) Adjustment for inflation \n(i) In general \nFor each fifth calendar year beginning after 2005, each of the $500 amounts under subparagraphs (A) and (B) shall be increased by such dollar amount multiplied by the cost-of-living adjustment determined under section 1(f)(3) of the Internal Revenue Code of 1986 determined by substituting calendar year 2004 for calendar year 1992 in subparagraph (B) thereof. (ii) Rounding \nIf any amount adjusted under clause (i) is not a multiple of $50, such amount shall be rounded to the next lowest multiple of $50. (b) Government matching contribution \n(1) In general \nUpon such showing as the Executive Director may require to establish the basis for certification, the Executive Director shall, with respect to each private contribution to the account of an account holder which is made before such account holder attains age 18, certify to the Secretary of the Treasury the matching amount with respect to such contribution. (2) Matching amount \n(A) In general \nFor purposes of this subsection, the term matching amount means, with respect to the first $500 of private contributions to an account during any calendar year, an amount equal to 100 percent of such contribution. (B) Income phase-out \nWith respect to any account holder who has a modified adjusted gross income for the last taxable year ending before such contribution which is in excess of 100 percent of the applicable national median adjusted gross income amount, the $500 amount in subparagraph (A) shall be reduced (but not below zero) by an amount which bears the same ratio to $500 as such excess bears to 5 percent of the applicable national median adjusted gross income amount. (C) Adjustment for inflation \n(i) In general \nFor each fifth calendar year beginning after 2005, each of the $500 amounts under subparagraphs (A) and (B) shall be increased by such dollar amount multiplied by the cost-of-living adjustment determined under section 1(f)(3) of the Internal Revenue Code of 1986 determined by substituting calendar year 2004 for calendar year 1992 in subparagraph (B) thereof. (ii) Rounding \nIf any amount adjusted under clause (i) is not a multiple of $50, such amount shall be rounded to the next lowest multiple of $50. (3) Private contribution \nFor purposes of this subsection, the term private contribution means a contribution accepted under section 3(f). (c) Definitions and rules relating to modified adjusted gross income \nFor purposes of this section— (1) Special rule for account holders who can be claimed as dependents \nIn the case of an account holder of a KIDS Account for whom a deduction is allowable under section 151 of the Internal Revenue Code of 1986 to another taxpayer, any reference in this section to the modified adjusted gross income of the account holder for any taxable year shall be treated as a reference to the modified adjusted gross income of such other taxpayer. (2) Modified adjusted gross income \nThe term modified adjusted gross income has the meaning given such term in section 221(b) of the Internal Revenue Code of 1986. (3) Applicable national median adjusted gross income \n(A) In general \nThe term applicable national median adjusted gross income means, with respect to any calendar year, the median amount of adjusted gross income (as defined in section 62 of the Internal Revenue Code of 1986) for individual taxpayers for taxable years ending in the prior calendar year as determined by the Secretary of the Treasury. (B) Joint returns \nThe applicable national median adjusted gross income shall be calculated and applied separately with respect to joint returns and all other returns.",
"id": "H0A3E74F2141045399207801200DB588E",
"header": "Certifications related to government contributions",
"nested": [
{
"text": "(a) Supplemental government contributions \n(1) In general \nUpon such showing as the Executive Director may require to establish the basis for certification, the Executive Director shall, with respect to each eligible account holder, certify to the Secretary of the Treasury the supplemental amount with respect to such account holder. (2) Eligible account holder \nFor purposes of this subsection, the term eligible account holder means an account holder of a KIDS Account who, for the last taxable year ending before such account holder’s certification under section 3(b), has a modified adjusted gross income which is below the applicable national median adjusted gross income amount. (3) Supplemental amount \n(A) In general \nFor purposes of this Act, the term supplemental amount means $500. (B) Income phase-out \nWith respect to any account holder who has a modified adjusted gross income for the last taxable year ending before such account holder’s certification under section 3(b) which is in excess of 50 percent of the applicable national median adjusted gross income amount, the $500 amount in subparagraph (A) shall be reduced (but not below zero) by an amount which bears the same ratio to $500 as such excess bears to 50 percent of the applicable national median adjusted gross income amount. (C) Adjustment for inflation \n(i) In general \nFor each fifth calendar year beginning after 2005, each of the $500 amounts under subparagraphs (A) and (B) shall be increased by such dollar amount multiplied by the cost-of-living adjustment determined under section 1(f)(3) of the Internal Revenue Code of 1986 determined by substituting calendar year 2004 for calendar year 1992 in subparagraph (B) thereof. (ii) Rounding \nIf any amount adjusted under clause (i) is not a multiple of $50, such amount shall be rounded to the next lowest multiple of $50.",
"id": "HA662E1F62D0E4F9A8600874305EE01DB",
"header": "Supplemental government contributions",
"nested": [],
"links": [
{
"text": "section 1(f)(3)",
"legal-doc": "usc",
"parsable-cite": "usc/26/1"
}
]
},
{
"text": "(b) Government matching contribution \n(1) In general \nUpon such showing as the Executive Director may require to establish the basis for certification, the Executive Director shall, with respect to each private contribution to the account of an account holder which is made before such account holder attains age 18, certify to the Secretary of the Treasury the matching amount with respect to such contribution. (2) Matching amount \n(A) In general \nFor purposes of this subsection, the term matching amount means, with respect to the first $500 of private contributions to an account during any calendar year, an amount equal to 100 percent of such contribution. (B) Income phase-out \nWith respect to any account holder who has a modified adjusted gross income for the last taxable year ending before such contribution which is in excess of 100 percent of the applicable national median adjusted gross income amount, the $500 amount in subparagraph (A) shall be reduced (but not below zero) by an amount which bears the same ratio to $500 as such excess bears to 5 percent of the applicable national median adjusted gross income amount. (C) Adjustment for inflation \n(i) In general \nFor each fifth calendar year beginning after 2005, each of the $500 amounts under subparagraphs (A) and (B) shall be increased by such dollar amount multiplied by the cost-of-living adjustment determined under section 1(f)(3) of the Internal Revenue Code of 1986 determined by substituting calendar year 2004 for calendar year 1992 in subparagraph (B) thereof. (ii) Rounding \nIf any amount adjusted under clause (i) is not a multiple of $50, such amount shall be rounded to the next lowest multiple of $50. (3) Private contribution \nFor purposes of this subsection, the term private contribution means a contribution accepted under section 3(f).",
"id": "HBFABD55D89984093A4283BF5E965CFC2",
"header": "Government matching contribution",
"nested": [],
"links": [
{
"text": "section 1(f)(3)",
"legal-doc": "usc",
"parsable-cite": "usc/26/1"
}
]
},
{
"text": "(c) Definitions and rules relating to modified adjusted gross income \nFor purposes of this section— (1) Special rule for account holders who can be claimed as dependents \nIn the case of an account holder of a KIDS Account for whom a deduction is allowable under section 151 of the Internal Revenue Code of 1986 to another taxpayer, any reference in this section to the modified adjusted gross income of the account holder for any taxable year shall be treated as a reference to the modified adjusted gross income of such other taxpayer. (2) Modified adjusted gross income \nThe term modified adjusted gross income has the meaning given such term in section 221(b) of the Internal Revenue Code of 1986. (3) Applicable national median adjusted gross income \n(A) In general \nThe term applicable national median adjusted gross income means, with respect to any calendar year, the median amount of adjusted gross income (as defined in section 62 of the Internal Revenue Code of 1986) for individual taxpayers for taxable years ending in the prior calendar year as determined by the Secretary of the Treasury. (B) Joint returns \nThe applicable national median adjusted gross income shall be calculated and applied separately with respect to joint returns and all other returns.",
"id": "HADBE8FFEC4FC4C278E8B5F9DE770D135",
"header": "Definitions and rules relating to modified adjusted gross income",
"nested": [],
"links": [
{
"text": "section 151",
"legal-doc": "usc",
"parsable-cite": "usc/26/151"
},
{
"text": "section 221(b)",
"legal-doc": "usc",
"parsable-cite": "usc/26/221"
},
{
"text": "section 62",
"legal-doc": "usc",
"parsable-cite": "usc/26/62"
}
]
}
],
"links": [
{
"text": "section 1(f)(3)",
"legal-doc": "usc",
"parsable-cite": "usc/26/1"
},
{
"text": "section 1(f)(3)",
"legal-doc": "usc",
"parsable-cite": "usc/26/1"
},
{
"text": "section 151",
"legal-doc": "usc",
"parsable-cite": "usc/26/151"
},
{
"text": "section 221(b)",
"legal-doc": "usc",
"parsable-cite": "usc/26/221"
},
{
"text": "section 62",
"legal-doc": "usc",
"parsable-cite": "usc/26/62"
}
]
},
{
"text": "5. Rules governing KIDS Accounts relating to investment, accounting, and reporting \n(a) Default investment program \nThe KIDS Account Fund Board shall establish a default investment program under which, in a manner similar to a lifecycle investment program, sums in each KIDS Account are allocated to investment funds in the KIDS Account Fund based on the amount of time before the account holder attains the age of 18. Each account holder of a KIDS Account shall be enrolled in such program unless such account holder, in such form and manner as prescribed by the Executive Director, elects otherwise. (b) Other rules \nUnder regulations which shall be prescribed by the Executive Director, and subject to the provisions of this Act, the provisions of— (1) section 8438 of title 5, United States Code (relating to investment of the Thrift Savings Fund), (2) section 8439(b) of such title (relating to engagement of independent qualified public accountant), (3) section 8439(c) of such title (relating to periodic statements and summary descriptions of investment options), and (4) section 8439(d) of such title (relating to assumption of risk), shall apply with respect to the KIDS Account Fund and accounts maintained in such Fund in the same manner and to the same extent as such provisions relate to the Thrift Savings Fund and the accounts maintained in the Thrift Savings Fund. For purposes of this subsection, references in such sections 8438 and 8439 to an employee, Member, former employee, or former Member shall be deemed references to an account holder of a KIDS Account in the KIDS Account Fund.",
"id": "H8A6E7CF24D384ECB9D8D89176CD2391C",
"header": "Rules governing KIDS Accounts relating to investment, accounting, and reporting",
"nested": [
{
"text": "(a) Default investment program \nThe KIDS Account Fund Board shall establish a default investment program under which, in a manner similar to a lifecycle investment program, sums in each KIDS Account are allocated to investment funds in the KIDS Account Fund based on the amount of time before the account holder attains the age of 18. Each account holder of a KIDS Account shall be enrolled in such program unless such account holder, in such form and manner as prescribed by the Executive Director, elects otherwise.",
"id": "HE1E3B3C90A5046F28DD19E51B4C58703",
"header": "Default investment program",
"nested": [],
"links": []
},
{
"text": "(b) Other rules \nUnder regulations which shall be prescribed by the Executive Director, and subject to the provisions of this Act, the provisions of— (1) section 8438 of title 5, United States Code (relating to investment of the Thrift Savings Fund), (2) section 8439(b) of such title (relating to engagement of independent qualified public accountant), (3) section 8439(c) of such title (relating to periodic statements and summary descriptions of investment options), and (4) section 8439(d) of such title (relating to assumption of risk), shall apply with respect to the KIDS Account Fund and accounts maintained in such Fund in the same manner and to the same extent as such provisions relate to the Thrift Savings Fund and the accounts maintained in the Thrift Savings Fund. For purposes of this subsection, references in such sections 8438 and 8439 to an employee, Member, former employee, or former Member shall be deemed references to an account holder of a KIDS Account in the KIDS Account Fund.",
"id": "HD9993F679B3F478FAE1C4309DCF208D9",
"header": "Other rules",
"nested": [],
"links": [
{
"text": "section 8438",
"legal-doc": "usc",
"parsable-cite": "usc/5/8438"
}
]
}
],
"links": [
{
"text": "section 8438",
"legal-doc": "usc",
"parsable-cite": "usc/5/8438"
}
]
},
{
"text": "6. Distributions from KIDS Accounts \n(a) In general \nUnder regulations prescribed by the Executive Director, amounts in a KIDS Account shall, at the request of the account holder, be distributed to the account holder if the account holder demonstrates to the satisfaction of the Executive Director that such amount will be used for qualified expenses. (b) Age limitation \n(1) Early distributions \nNo distribution shall be made under subsection (a) with respect to any account holder of a KIDS Account before such account holder attains age 18. (2) Exception \nParagraph (1) shall not apply with respect to amounts distributed for qualified higher education expenses (as defined in section 529(e)(3) of the Internal Revenue Code of 1986). (c) Qualified expenses \nFor purposes of this Act, the term qualified expenses means, with respect to any account holder— (1) qualified distributions (within the meaning of section 408A(d)(2) of the Internal Revenue Code of 1986), (2) qualified higher education expenses (as defined in section 529(e)(3) of such Code), and (3) amounts which within 60 days of distribution are transferred to a qualified tuition program under section 529 of the Internal Revenue Code of 1986 for the benefit of the account holder or a member of the family (within the meaning of section 529(e)(2) of such Code) of such account holder.",
"id": "H5E0557A603A2488091FC12E00D28032",
"header": "Distributions from KIDS Accounts",
"nested": [
{
"text": "(a) In general \nUnder regulations prescribed by the Executive Director, amounts in a KIDS Account shall, at the request of the account holder, be distributed to the account holder if the account holder demonstrates to the satisfaction of the Executive Director that such amount will be used for qualified expenses.",
"id": "H540E7E121FEB48E59C33E8E6ABAA62C7",
"header": "In general",
"nested": [],
"links": []
},
{
"text": "(b) Age limitation \n(1) Early distributions \nNo distribution shall be made under subsection (a) with respect to any account holder of a KIDS Account before such account holder attains age 18. (2) Exception \nParagraph (1) shall not apply with respect to amounts distributed for qualified higher education expenses (as defined in section 529(e)(3) of the Internal Revenue Code of 1986).",
"id": "H514C760D1D624CC19B3511D4CE72DABB",
"header": "Age limitation",
"nested": [],
"links": [
{
"text": "section 529(e)(3)",
"legal-doc": "usc",
"parsable-cite": "usc/26/529"
}
]
},
{
"text": "(c) Qualified expenses \nFor purposes of this Act, the term qualified expenses means, with respect to any account holder— (1) qualified distributions (within the meaning of section 408A(d)(2) of the Internal Revenue Code of 1986), (2) qualified higher education expenses (as defined in section 529(e)(3) of such Code), and (3) amounts which within 60 days of distribution are transferred to a qualified tuition program under section 529 of the Internal Revenue Code of 1986 for the benefit of the account holder or a member of the family (within the meaning of section 529(e)(2) of such Code) of such account holder.",
"id": "H43562F3270A94ECBBD97E915F783301B",
"header": "Qualified expenses",
"nested": [],
"links": [
{
"text": "section 408A(d)(2)",
"legal-doc": "usc",
"parsable-cite": "usc/26/408A"
},
{
"text": "section 529",
"legal-doc": "usc",
"parsable-cite": "usc/26/529"
}
]
}
],
"links": [
{
"text": "section 529(e)(3)",
"legal-doc": "usc",
"parsable-cite": "usc/26/529"
},
{
"text": "section 408A(d)(2)",
"legal-doc": "usc",
"parsable-cite": "usc/26/408A"
},
{
"text": "section 529",
"legal-doc": "usc",
"parsable-cite": "usc/26/529"
}
]
},
{
"text": "7. Tax treatment of KIDS Accounts \n(a) In general \nExcept as otherwise provided in this Act, for purposes of the Internal Revenue Code of 1986— (1) each KIDS Account shall be treated in the same manner as a Roth IRA (within the meaning of section 408A of such Code), and (2) any distribution from such account shall be treated in the same manner as a distribution from a Roth IRA, except that distributions described in paragraphs (2) and (3) of section 6(c) shall be treated as qualified distributions under section 408A(d) of such Code. (b) Qualified rollovers contributions \n(1) In general \nExcept as provided in paragraph (2), no qualified rollover contribution (as defined in section 408A(e) of the Internal Revenue Code of 1986) shall be allowed with respect to a KIDS Account. (2) Qualified rollovers \nUnder regulations prescribed by the Secretary of the Treasury in consultation with the Executive Director, after an account holder of a KIDS Account attains the age of 18, such account holder may elect to make a rollover contribution from such account holder's account to— (A) a privately managed KIDS Account, or (B) a Roth IRA. (c) 100 percent tax on government contributions \n(1) KIDS Accounts \n(A) In general \nIn the case of any amount distributed from a KIDS Account which is attributable to contributions made under section 2(d) and which would be includible in gross income (but for this paragraph)— (i) such amount shall not be includible in gross income, and (ii) the tax imposed under chapter 1 of the Internal Revenue Code of 1986 on the distributee for the taxable year in which such amount is distributed shall be increased by 100 percent of such amount. (B) Ordering rules \nFor purposes of this paragraph, distributions from KIDS Accounts shall be treated as made from amounts attributable to contributions made under section 3(f) and from earnings before made from amounts attributable to contributions made under section 2(d). (2) Roth IRAs \nSection 408A(d) of the Internal Revenue Code of 1986 (relating to distribution rules) is amended by adding at the end the following new paragraph: (8) 100 percent tax on distributions related to certain government contributions \n(A) In general \nIn the case of any distribution which is attributable to contributions made under section 2(d) of the America Saving for Personal Investment, Retirement, and Education Act of 2004 and which would be includible in gross income (but for this paragraph)— (i) such amount shall not be includible in gross income, and (ii) the tax imposed under chapter 1 on the distributee for the taxable year in which such amount is distributed shall be increased by 100 percent of such amount. (B) Ordering rules \nFor purposes of this paragraph, distributions shall be treated as made from amounts attributable to other contributions and from earnings before made from amounts attributable to contributions made under section 2(d) of the America Saving for Personal Investment, Retirement, and Education Act of 2004.. (3) Qualified tuition programs \nSection 529(c)(3) of the Internal Revenue Code of 1986 (relating to distributions) is amended by adding at the end the following new subparagraph: (E) 100 percent tax on distributions related to certain government contributions \n(i) In general \nIn the case of any distribution which is attributable to contributions made under section 2(d) of the America Saving for Personal Investment, Retirement, and Education Act of 2004 and which would be includible in gross income (but for this subparagraph)— (I) such amount shall not be includible in gross income, and (II) the tax imposed under chapter 1 on the distributee for the taxable year in which such amount is distributed shall be increased by 100 percent of such amount. (ii) Ordering rules \nFor purposes of this subparagraph, distributions shall be treated as made from amounts attributable to other contributions and from earnings before made from amounts attributable to contributions made under section 2(d) of the America Saving for Personal Investment, Retirement, and Education Act of 2004..",
"id": "HBF688CE8F96648CAB0645C00FEA4FDD",
"header": "Tax treatment of KIDS Accounts",
"nested": [
{
"text": "(a) In general \nExcept as otherwise provided in this Act, for purposes of the Internal Revenue Code of 1986— (1) each KIDS Account shall be treated in the same manner as a Roth IRA (within the meaning of section 408A of such Code), and (2) any distribution from such account shall be treated in the same manner as a distribution from a Roth IRA, except that distributions described in paragraphs (2) and (3) of section 6(c) shall be treated as qualified distributions under section 408A(d) of such Code.",
"id": "H6DA3139E9A4247B88963FD17BCEBF75",
"header": "In general",
"nested": [],
"links": []
},
{
"text": "(b) Qualified rollovers contributions \n(1) In general \nExcept as provided in paragraph (2), no qualified rollover contribution (as defined in section 408A(e) of the Internal Revenue Code of 1986) shall be allowed with respect to a KIDS Account. (2) Qualified rollovers \nUnder regulations prescribed by the Secretary of the Treasury in consultation with the Executive Director, after an account holder of a KIDS Account attains the age of 18, such account holder may elect to make a rollover contribution from such account holder's account to— (A) a privately managed KIDS Account, or (B) a Roth IRA.",
"id": "H97F55C4CFC7F4DB2AF8F2602C71E8DD0",
"header": "Qualified rollovers contributions",
"nested": [],
"links": [
{
"text": "section 408A(e)",
"legal-doc": "usc",
"parsable-cite": "usc/26/408A"
}
]
},
{
"text": "(c) 100 percent tax on government contributions \n(1) KIDS Accounts \n(A) In general \nIn the case of any amount distributed from a KIDS Account which is attributable to contributions made under section 2(d) and which would be includible in gross income (but for this paragraph)— (i) such amount shall not be includible in gross income, and (ii) the tax imposed under chapter 1 of the Internal Revenue Code of 1986 on the distributee for the taxable year in which such amount is distributed shall be increased by 100 percent of such amount. (B) Ordering rules \nFor purposes of this paragraph, distributions from KIDS Accounts shall be treated as made from amounts attributable to contributions made under section 3(f) and from earnings before made from amounts attributable to contributions made under section 2(d). (2) Roth IRAs \nSection 408A(d) of the Internal Revenue Code of 1986 (relating to distribution rules) is amended by adding at the end the following new paragraph: (8) 100 percent tax on distributions related to certain government contributions \n(A) In general \nIn the case of any distribution which is attributable to contributions made under section 2(d) of the America Saving for Personal Investment, Retirement, and Education Act of 2004 and which would be includible in gross income (but for this paragraph)— (i) such amount shall not be includible in gross income, and (ii) the tax imposed under chapter 1 on the distributee for the taxable year in which such amount is distributed shall be increased by 100 percent of such amount. (B) Ordering rules \nFor purposes of this paragraph, distributions shall be treated as made from amounts attributable to other contributions and from earnings before made from amounts attributable to contributions made under section 2(d) of the America Saving for Personal Investment, Retirement, and Education Act of 2004.. (3) Qualified tuition programs \nSection 529(c)(3) of the Internal Revenue Code of 1986 (relating to distributions) is amended by adding at the end the following new subparagraph: (E) 100 percent tax on distributions related to certain government contributions \n(i) In general \nIn the case of any distribution which is attributable to contributions made under section 2(d) of the America Saving for Personal Investment, Retirement, and Education Act of 2004 and which would be includible in gross income (but for this subparagraph)— (I) such amount shall not be includible in gross income, and (II) the tax imposed under chapter 1 on the distributee for the taxable year in which such amount is distributed shall be increased by 100 percent of such amount. (ii) Ordering rules \nFor purposes of this subparagraph, distributions shall be treated as made from amounts attributable to other contributions and from earnings before made from amounts attributable to contributions made under section 2(d) of the America Saving for Personal Investment, Retirement, and Education Act of 2004..",
"id": "H897F85BB1F344CE6ABB7B2BC3EF68BE2",
"header": "100 percent tax on government contributions",
"nested": [],
"links": [
{
"text": "chapter 1",
"legal-doc": "usc-chapter",
"parsable-cite": "usc-chapter/26/1"
},
{
"text": "Section 408A(d)",
"legal-doc": "usc",
"parsable-cite": "usc/26/408A"
},
{
"text": "Section 529(c)(3)",
"legal-doc": "usc",
"parsable-cite": "usc/26/529"
}
]
}
],
"links": [
{
"text": "section 408A(e)",
"legal-doc": "usc",
"parsable-cite": "usc/26/408A"
},
{
"text": "chapter 1",
"legal-doc": "usc-chapter",
"parsable-cite": "usc-chapter/26/1"
},
{
"text": "Section 408A(d)",
"legal-doc": "usc",
"parsable-cite": "usc/26/408A"
},
{
"text": "Section 529(c)(3)",
"legal-doc": "usc",
"parsable-cite": "usc/26/529"
}
]
},
{
"text": "8. Private management of KIDS Accounts \n(a) In general \nPart I of subchapter D of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 408A the following new section: 408B. Privately Managed KIDS Accounts \n(a) In general \nExcept as provided in this section, a privately managed KIDS Account shall be treated in the same manner as a Roth IRA, except that: (1) Qualified distributions shall include— (A) qualified higher education expenses (as defined in section 529(e)(3)) of the beneficiary of a privately managed KIDS Account, and (B) amounts which within 60 days of distribution are transferred to a qualified tuition program under section 529 for the benefit of the account holder of a privately managed KIDS Account or a member of the family (within the meaning of section 529(e)(2)) of such account holder. (2) Section 408A(d)(2)(B) shall not apply. (3) In lieu of the definition given the term qualified rollover contribution under section 408A(e), such term shall mean a rollover contribution to a privately managed KIDS Account from another such account or from a KIDS Account under section 7(b)(2)(A) of the America Saving for Personal Investment, Retirement, and Education Act of 2004 , but only if such rollover contribution meets the requirements of section 408(d)(3). (4) In the case of any distribution which is attributable to contributions made under section 2(d) of the America Saving for Personal Investment, Retirement, and Education Act of 2004 and which would be includible in gross income (but for this paragraph)— (A) such amount shall not be includible in gross income, and (B) the tax imposed under chapter 1 on the distributee for the taxable year in which such amount is distributed shall be increased by 100 percent of such amount. For purposes of this paragraph, distributions from privately managed KIDS Accounts shall be treated as made from amounts attributable to contributions made under section 3(f) of the America Saving for Personal Investment, Retirement, and Education Act of 2004 and from earnings before made from amounts attributable to contributions made under section 2(d) of such Act. (b) Privately managed KIDS Account \nFor purposes of this title, the term privately managed KIDS Account means an individual retirement plan (as defined in section 7701(a)(37)) which is designated (in such manner as the Secretary may prescribe) as a privately managed KIDS Account.. (b) Conforming amendment \nThe table of sections for part I of subchapter D of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item related to section 408A the following new item: Sec. 408B. Privately managed KIDS Accounts.",
"id": "H45C5B7079CF34F8AB3BA5127A75001E7",
"header": "Private management of KIDS Accounts",
"nested": [
{
"text": "(a) In general \nPart I of subchapter D of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 408A the following new section: 408B. Privately Managed KIDS Accounts \n(a) In general \nExcept as provided in this section, a privately managed KIDS Account shall be treated in the same manner as a Roth IRA, except that: (1) Qualified distributions shall include— (A) qualified higher education expenses (as defined in section 529(e)(3)) of the beneficiary of a privately managed KIDS Account, and (B) amounts which within 60 days of distribution are transferred to a qualified tuition program under section 529 for the benefit of the account holder of a privately managed KIDS Account or a member of the family (within the meaning of section 529(e)(2)) of such account holder. (2) Section 408A(d)(2)(B) shall not apply. (3) In lieu of the definition given the term qualified rollover contribution under section 408A(e), such term shall mean a rollover contribution to a privately managed KIDS Account from another such account or from a KIDS Account under section 7(b)(2)(A) of the America Saving for Personal Investment, Retirement, and Education Act of 2004 , but only if such rollover contribution meets the requirements of section 408(d)(3). (4) In the case of any distribution which is attributable to contributions made under section 2(d) of the America Saving for Personal Investment, Retirement, and Education Act of 2004 and which would be includible in gross income (but for this paragraph)— (A) such amount shall not be includible in gross income, and (B) the tax imposed under chapter 1 on the distributee for the taxable year in which such amount is distributed shall be increased by 100 percent of such amount. For purposes of this paragraph, distributions from privately managed KIDS Accounts shall be treated as made from amounts attributable to contributions made under section 3(f) of the America Saving for Personal Investment, Retirement, and Education Act of 2004 and from earnings before made from amounts attributable to contributions made under section 2(d) of such Act. (b) Privately managed KIDS Account \nFor purposes of this title, the term privately managed KIDS Account means an individual retirement plan (as defined in section 7701(a)(37)) which is designated (in such manner as the Secretary may prescribe) as a privately managed KIDS Account..",
"id": "H5738386E4E86405BB5786C978F521328",
"header": "In general",
"nested": [],
"links": [
{
"text": "chapter 1",
"legal-doc": "usc-chapter",
"parsable-cite": "usc-chapter/26/1"
}
]
},
{
"text": "(b) Conforming amendment \nThe table of sections for part I of subchapter D of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item related to section 408A the following new item: Sec. 408B. Privately managed KIDS Accounts.",
"id": "HE0A52AE8C8104FF59B9CFDFBD922F72",
"header": "Conforming amendment",
"nested": [],
"links": [
{
"text": "chapter 1",
"legal-doc": "usc-chapter",
"parsable-cite": "usc-chapter/26/1"
}
]
}
],
"links": [
{
"text": "chapter 1",
"legal-doc": "usc-chapter",
"parsable-cite": "usc-chapter/26/1"
},
{
"text": "chapter 1",
"legal-doc": "usc-chapter",
"parsable-cite": "usc-chapter/26/1"
}
]
},
{
"text": "408B. Privately Managed KIDS Accounts \n(a) In general \nExcept as provided in this section, a privately managed KIDS Account shall be treated in the same manner as a Roth IRA, except that: (1) Qualified distributions shall include— (A) qualified higher education expenses (as defined in section 529(e)(3)) of the beneficiary of a privately managed KIDS Account, and (B) amounts which within 60 days of distribution are transferred to a qualified tuition program under section 529 for the benefit of the account holder of a privately managed KIDS Account or a member of the family (within the meaning of section 529(e)(2)) of such account holder. (2) Section 408A(d)(2)(B) shall not apply. (3) In lieu of the definition given the term qualified rollover contribution under section 408A(e), such term shall mean a rollover contribution to a privately managed KIDS Account from another such account or from a KIDS Account under section 7(b)(2)(A) of the America Saving for Personal Investment, Retirement, and Education Act of 2004 , but only if such rollover contribution meets the requirements of section 408(d)(3). (4) In the case of any distribution which is attributable to contributions made under section 2(d) of the America Saving for Personal Investment, Retirement, and Education Act of 2004 and which would be includible in gross income (but for this paragraph)— (A) such amount shall not be includible in gross income, and (B) the tax imposed under chapter 1 on the distributee for the taxable year in which such amount is distributed shall be increased by 100 percent of such amount. For purposes of this paragraph, distributions from privately managed KIDS Accounts shall be treated as made from amounts attributable to contributions made under section 3(f) of the America Saving for Personal Investment, Retirement, and Education Act of 2004 and from earnings before made from amounts attributable to contributions made under section 2(d) of such Act. (b) Privately managed KIDS Account \nFor purposes of this title, the term privately managed KIDS Account means an individual retirement plan (as defined in section 7701(a)(37)) which is designated (in such manner as the Secretary may prescribe) as a privately managed KIDS Account.",
"id": "HFA3B08313B4E4069B3DD117FD404FA1C",
"header": "Privately Managed KIDS Accounts",
"nested": [
{
"text": "(a) In general \nExcept as provided in this section, a privately managed KIDS Account shall be treated in the same manner as a Roth IRA, except that: (1) Qualified distributions shall include— (A) qualified higher education expenses (as defined in section 529(e)(3)) of the beneficiary of a privately managed KIDS Account, and (B) amounts which within 60 days of distribution are transferred to a qualified tuition program under section 529 for the benefit of the account holder of a privately managed KIDS Account or a member of the family (within the meaning of section 529(e)(2)) of such account holder. (2) Section 408A(d)(2)(B) shall not apply. (3) In lieu of the definition given the term qualified rollover contribution under section 408A(e), such term shall mean a rollover contribution to a privately managed KIDS Account from another such account or from a KIDS Account under section 7(b)(2)(A) of the America Saving for Personal Investment, Retirement, and Education Act of 2004 , but only if such rollover contribution meets the requirements of section 408(d)(3). (4) In the case of any distribution which is attributable to contributions made under section 2(d) of the America Saving for Personal Investment, Retirement, and Education Act of 2004 and which would be includible in gross income (but for this paragraph)— (A) such amount shall not be includible in gross income, and (B) the tax imposed under chapter 1 on the distributee for the taxable year in which such amount is distributed shall be increased by 100 percent of such amount. For purposes of this paragraph, distributions from privately managed KIDS Accounts shall be treated as made from amounts attributable to contributions made under section 3(f) of the America Saving for Personal Investment, Retirement, and Education Act of 2004 and from earnings before made from amounts attributable to contributions made under section 2(d) of such Act.",
"id": "HE12A2B24FE1D4A48B52CB21C6073C9A8",
"header": "In general",
"nested": [],
"links": []
},
{
"text": "(b) Privately managed KIDS Account \nFor purposes of this title, the term privately managed KIDS Account means an individual retirement plan (as defined in section 7701(a)(37)) which is designated (in such manner as the Secretary may prescribe) as a privately managed KIDS Account.",
"id": "H693A95ACBE364FD99CA1D7A5CBD38CA8",
"header": "Privately managed KIDS Account",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "9. KIDS Account Fund Board \n(a) In general \nThere is established in the Executive branch of the Government a KIDS Account Fund Board. (b) Composition, duties, and responsibilities \nSubject to the provisions of this Act, the provisions of— (1) section 8472 of title 5, United States Code (relating to composition of Federal Retirement Thrift Investment Board), (2) section 8474 of such title (relating to Executive Director), (3) section 8475 of such title (relating to investment policies), and (4) section 8476 of such title (relating to administrative provisions), shall apply with respect to the KIDS Account Fund Board in the same manner and to the same extent as such provisions relate to the Federal Retirement Thrift Investment Board.",
"id": "HC71BA19D12574889B71540C3D54BB03B",
"header": "KIDS Account Fund Board",
"nested": [
{
"text": "(a) In general \nThere is established in the Executive branch of the Government a KIDS Account Fund Board.",
"id": "HEB1CE0686D504BE994DC675515F2FBEF",
"header": "In general",
"nested": [],
"links": []
},
{
"text": "(b) Composition, duties, and responsibilities \nSubject to the provisions of this Act, the provisions of— (1) section 8472 of title 5, United States Code (relating to composition of Federal Retirement Thrift Investment Board), (2) section 8474 of such title (relating to Executive Director), (3) section 8475 of such title (relating to investment policies), and (4) section 8476 of such title (relating to administrative provisions), shall apply with respect to the KIDS Account Fund Board in the same manner and to the same extent as such provisions relate to the Federal Retirement Thrift Investment Board.",
"id": "HC7EFB1F9FA37455AB7E4FEED349DD43B",
"header": "Composition, duties, and responsibilities",
"nested": [],
"links": [
{
"text": "section 8472",
"legal-doc": "usc",
"parsable-cite": "usc/5/8472"
}
]
}
],
"links": [
{
"text": "section 8472",
"legal-doc": "usc",
"parsable-cite": "usc/5/8472"
}
]
},
{
"text": "10. Fiduciary responsibilities \n(a) In general \nUnder regulations of the Secretary of Labor, the provisions of sections 8477 and 8478 of title 5, United States Code, shall apply in connection with the KIDS Account Fund and the accounts maintained in such Fund in the same manner and to the same extent as such provisions apply in connection with the Thrift Savings Fund and the accounts maintained in the Thrift Savings Fund. (b) Investigative authority \nAny authority available to the Secretary of Labor under section 504 of the Employee Retirement Income Security Act of 1974 is hereby made available to the Secretary of Labor, and any officer designated by the Secretary of Labor, to determine whether any person has violated, or is about to violate, any provision applicable under subsection (a). (c) Exculpatory provisions; insurance \n(1) In general \nAny provision in an agreement or instrument which purports to relieve a fiduciary from responsibility or liability for any responsibility, obligation, or duty under this Act shall be void. (2) Insurance \nAmounts in the KIDS Account Fund available for administrative expenses shall be available and may be used at the discretion of the Executive Director to purchase insurance to cover potential liability of persons who serve in a fiduciary capacity with respect to the Fund and accounts maintained therein, without regard to whether a policy of insurance permits recourse by the insurer against the fiduciary in the case of a breach of a fiduciary obligation.",
"id": "H224EE61A0195487195C3AEE6B9B93DB5",
"header": "Fiduciary responsibilities",
"nested": [
{
"text": "(a) In general \nUnder regulations of the Secretary of Labor, the provisions of sections 8477 and 8478 of title 5, United States Code, shall apply in connection with the KIDS Account Fund and the accounts maintained in such Fund in the same manner and to the same extent as such provisions apply in connection with the Thrift Savings Fund and the accounts maintained in the Thrift Savings Fund.",
"id": "H0D7976D5D0774A07B7C543B13DEF7C65",
"header": "In general",
"nested": [],
"links": [
{
"text": "8477",
"legal-doc": "usc",
"parsable-cite": "usc/5/8477"
},
{
"text": "8478",
"legal-doc": "usc",
"parsable-cite": "usc/5/8478"
}
]
},
{
"text": "(b) Investigative authority \nAny authority available to the Secretary of Labor under section 504 of the Employee Retirement Income Security Act of 1974 is hereby made available to the Secretary of Labor, and any officer designated by the Secretary of Labor, to determine whether any person has violated, or is about to violate, any provision applicable under subsection (a).",
"id": "HE526B8C108234C61A4D4919721FC0025",
"header": "Investigative authority",
"nested": [],
"links": []
},
{
"text": "(c) Exculpatory provisions; insurance \n(1) In general \nAny provision in an agreement or instrument which purports to relieve a fiduciary from responsibility or liability for any responsibility, obligation, or duty under this Act shall be void. (2) Insurance \nAmounts in the KIDS Account Fund available for administrative expenses shall be available and may be used at the discretion of the Executive Director to purchase insurance to cover potential liability of persons who serve in a fiduciary capacity with respect to the Fund and accounts maintained therein, without regard to whether a policy of insurance permits recourse by the insurer against the fiduciary in the case of a breach of a fiduciary obligation.",
"id": "HCC459C2D7BBA4E24A28628BF368797CA",
"header": "Exculpatory provisions; insurance",
"nested": [],
"links": []
}
],
"links": [
{
"text": "8477",
"legal-doc": "usc",
"parsable-cite": "usc/5/8477"
},
{
"text": "8478",
"legal-doc": "usc",
"parsable-cite": "usc/5/8478"
}
]
},
{
"text": "11. Assignment, alienation, and treatment of deceased individuals \n(a) Assignment and alienation \nUnder regulations which shall be prescribed by the Executive Director, rules relating to assignment and alienation applicable under chapter 84 of title 5, United States Code, with respect to amounts held in accounts in the Thrift Savings Fund shall apply with respect to amounts held in KIDS Accounts in the KIDS Account Fund. (b) Treatment of accounts of deceased individuals \nIn the case of a deceased account holder of a KIDS Account which has an account balance greater than zero, upon receipt of notification of such individual’s death, the Executive Director shall close the account and shall transfer the balance in such account to the KIDS Account of such account holder’s surviving spouse or, if there is no such account of a surviving spouse, to the duly appointed legal representative of the estate of the deceased account holder, or if there is no such representative, to the person or persons determined to be entitled thereto under the laws of the domicile of the deceased account holder.",
"id": "H81C6FDAB0A2846520049283D6088EDA",
"header": "Assignment, alienation, and treatment of deceased individuals",
"nested": [
{
"text": "(a) Assignment and alienation \nUnder regulations which shall be prescribed by the Executive Director, rules relating to assignment and alienation applicable under chapter 84 of title 5, United States Code, with respect to amounts held in accounts in the Thrift Savings Fund shall apply with respect to amounts held in KIDS Accounts in the KIDS Account Fund.",
"id": "H51862D4237DB4F44B4386912D7D2FC14",
"header": "Assignment and alienation",
"nested": [],
"links": [
{
"text": "chapter 84",
"legal-doc": "usc-chapter",
"parsable-cite": "usc-chapter/5/84"
}
]
},
{
"text": "(b) Treatment of accounts of deceased individuals \nIn the case of a deceased account holder of a KIDS Account which has an account balance greater than zero, upon receipt of notification of such individual’s death, the Executive Director shall close the account and shall transfer the balance in such account to the KIDS Account of such account holder’s surviving spouse or, if there is no such account of a surviving spouse, to the duly appointed legal representative of the estate of the deceased account holder, or if there is no such representative, to the person or persons determined to be entitled thereto under the laws of the domicile of the deceased account holder.",
"id": "H6B454816786246BDBA317FDD99CF2CD1",
"header": "Treatment of accounts of deceased individuals",
"nested": [],
"links": []
}
],
"links": [
{
"text": "chapter 84",
"legal-doc": "usc-chapter",
"parsable-cite": "usc-chapter/5/84"
}
]
},
{
"text": "12. Accounts disregarded in determining eligibility for Federal benefits \nAmounts in any KIDS Account shall not be taken into account in determining any individual’s eligibility for any federally funded benefit, including student financial aid.",
"id": "H35A8E74EEB67415FB44E7D956700A1B5",
"header": "Accounts disregarded in determining eligibility for Federal benefits",
"nested": [],
"links": []
},
{
"text": "13. Reports \n(a) Annual report \nThe Executive Director, in consultation with the Secretary of the Treasury, shall annually transmit a written report to the Congress. Such report shall include— (1) a detailed description of the status and operation of the KIDS Account Fund and the management of the KIDS Accounts, and (2) a detailed accounting of the administrative expenses in carrying out this Act, including the ratio of such administrative expenses to the balance of the KIDS Account Fund and the methodology adopted by the Executive Director for allocating such expenses among the KIDS Accounts. (b) Repayment of automatic contributions \nNot later than 2 years before the issuance of any final regulation under section 3(h), the Executive Director shall transmit a written report to the Congress. Such report shall include a draft of the proposed regulation to be issued under such section and a description of the conclusions and recommendations of the Executive Director regarding the implementation of the following repayment options: (1) Repayment through service or employment in high-need professions or areas. (2) Increasing the Federal income tax liability of each account holder of a KIDS Account by $100 per year for 5 years after the account holder attains age 30. (3) Repayment from the account or other sources before the account holder of a KIDS Account attains age 30. (4) Alternatives for individuals facing financial hardship, including deferred repayment and forgiveness.",
"id": "HFA38F00BC81E480B9496E2ED06E6819",
"header": "Reports",
"nested": [
{
"text": "(a) Annual report \nThe Executive Director, in consultation with the Secretary of the Treasury, shall annually transmit a written report to the Congress. Such report shall include— (1) a detailed description of the status and operation of the KIDS Account Fund and the management of the KIDS Accounts, and (2) a detailed accounting of the administrative expenses in carrying out this Act, including the ratio of such administrative expenses to the balance of the KIDS Account Fund and the methodology adopted by the Executive Director for allocating such expenses among the KIDS Accounts.",
"id": "HD450B9C1837F403D895E5168E991745",
"header": "Annual report",
"nested": [],
"links": []
},
{
"text": "(b) Repayment of automatic contributions \nNot later than 2 years before the issuance of any final regulation under section 3(h), the Executive Director shall transmit a written report to the Congress. Such report shall include a draft of the proposed regulation to be issued under such section and a description of the conclusions and recommendations of the Executive Director regarding the implementation of the following repayment options: (1) Repayment through service or employment in high-need professions or areas. (2) Increasing the Federal income tax liability of each account holder of a KIDS Account by $100 per year for 5 years after the account holder attains age 30. (3) Repayment from the account or other sources before the account holder of a KIDS Account attains age 30. (4) Alternatives for individuals facing financial hardship, including deferred repayment and forgiveness.",
"id": "H42211D23CB014B1A8FC956DB44005EE8",
"header": "Repayment of automatic contributions",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "14. Programs for promoting financial literacy \nThe Secretary of the Treasury, in coordination with the Financial Literacy and Education Commission, shall develop programs to promote the financial literacy of account holders of KIDS Accounts and the legal guardians of such account holders who have the rights with respect to such accounts under section 3(i).",
"id": "HE4B0679C80AA4834A42272B34678A332",
"header": "Programs for promoting financial literacy",
"nested": [],
"links": []
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] | 15 | 1. Short title
This Act may be cited as the America Saving for Personal Investment, Retirement, and Education Act of 2004 or the ASPIRE Act of 2004. 2. KIDS Account Fund
(a) Establishment
There is established in the Treasury of the United States a KIDS Account Fund. (b) Amounts held by Fund
The KIDS Account Fund consists of the sum of all amounts paid into the Fund under subsections (d) and (e), increased by the total net earnings from investments of sums held in the Fund or reduced by the total net losses from investments of sums held in the Fund, and reduced by the total amount of payments made from the Fund (including payments for administrative expenses). (c) Use of Fund
(1) In general
The sums in the KIDS Account Fund are appropriated and shall remain available without fiscal year limitation— (A) to invest under section 5, (B) to make distributions under section 6, (C) to pay the administrative expenses of carrying out this Act, and (D) to purchase insurance as provided in section 10(c)(2). (2) Exclusive purposes
The sums in the KIDS Account Fund shall not be appropriated for any purpose other than the purposes specified in this section and may not be used for any other purpose. (d) Government Contributions
(1) In general
The Secretary of the Treasury shall make transfers from the general fund of the Treasury to the KIDS Account Fund as follows: (A) Automatic contributions
Upon receipt of each certification under section 3(b), the Secretary of the Treasury shall transfer $500. (B) Supplemental contributions
Upon receipt of each certification under section 4(a), the Secretary of the Treasury shall transfer the supplemental amount. (C) Matching contributions
Upon receipt of each certification under section 4(b), the Secretary of the Treasury shall transfer the matching amount. (2) Adjustment for inflation
(A) In general
For each fifth calendar year beginning after 2005, the $500 amount in paragraph (1)(A) shall be increased by such dollar amount multiplied by the cost-of-living adjustment determined under section 1(f)(3) of the Internal Revenue Code of 1986 determined by substituting calendar year 2004 for calendar year 1992 in subparagraph (B) thereof. (B) Rounding
If any amount adjusted under subparagraph (A) is not a multiple of $50, such amount shall be rounded to the next lowest multiple of $50. (e) Private contributions
The Executive Director shall pay into the KIDS Account Fund such amounts as are contributed under section 3(f). 3. KIDS Accounts
(a) Establishment
The Executive Director shall establish in the KIDS Account Fund a Kids Investment and Development Savings Account (hereinafter a KIDS Account ) for each eligible individual certified under subsection (b). Each such account shall be identified to its account holder by means of the account holder’s social security account number. (b) Certification of account holders
On the date on which an eligible individual is issued a social security account number under section 203(c)(2) of the Social Security Act, the Commissioner of Social Security shall certify to the Executive Director and the Secretary of the Treasury the name of, and social security number issued to, such eligible individual. (c) Account balance
The balance in an account holder’s KIDS Account at any time is the excess of— (1) the sum of— (A) all deposits made into the KIDS Account Fund and credited to the account under subsection (d), and (B) the total amount of allocations made to and reductions made in the account pursuant to subsection (e), over (2) the amounts paid out of the account with respect to such individual under section 6. (d) Crediting of contributions
Pursuant to regulations which shall be prescribed by the Executive Director, the Executive Director shall credit to each KIDS Account the amounts paid into the KIDS Account Fund under subsections (d) and (e) of section 2 which are attributable to the account holder of such account. (e) Allocation of earnings and losses
The Executive Director shall allocate to each KIDS Account an amount equal to the net earnings and net losses from each investment of sums in the KIDS Account Fund which are attributable, on a pro rata basis, to sums credited to such account, reduced by an appropriate share of the administrative expenses paid out of the net earnings, as determined by the Executive Director. (f) Private contributions
(1) In general
The Executive Director shall accept cash contributions for payment into the KIDS Account Fund if such contribution is identified (in such manner as the Executive Director may require) with the account holder of a KIDS Account to whom it is to be credited at the time the contribution is made. (2) Alternative methods of contribution
(A) Payroll deduction
Under regulations prescribed by the Executive Director and at the election of the employer, contributions under paragraph (1) may be made through payroll deductions. (B) Tax refunds
Under regulations prescribed by the Secretary of the Treasury, contributions under paragraph (1) may be made by an election to contribute all or a portion of the tax refund of the contributor. (3) Annual limitation
(A) Account holders under age 18
In the case of an account holder who has not attained age 18 at the end of a calendar year— (i) the limitation under section 219(b)(1) of the Internal Revenue Code of 1986 shall not apply, and (ii) the Executive Director shall not accept any contribution identified with such account holder if such contribution, when added to all other contributions made under this subsection during such calendar year with respect to such account holder, exceeds $1,000. (B) Account holders age 18 or older
In the case of an account holder who is age 18 or older at the end of a calendar year, any contribution identified with such account holder shall be taken into account under section 219(b)(1) of the Internal Revenue Code of 1986 for such year. (C) Adjustment for inflation
(i) In general
For each fifth calendar year beginning after 2005, the $1,000 amount under subparagraph (A)(ii) shall be increased by such dollar amount multiplied by the cost-of-living adjustment determined under section 1(f)(3) of the Internal Revenue Code of 1986 determined by substituting calendar year 2004 for calendar year 1992 in subparagraph (B) thereof. (ii) Rounding
If any amount adjusted under clause (i) is not a multiple of $50, such amount shall be rounded to the next lowest multiple of $50. (g) Eligible individual
For purposes of this Act, the term eligible individual means any individual who is— (1) a United States citizen or a person described in paragraph (1) of section 431(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, (2) born after December 31, 2005, and (3) less than 18 years of age. (h) Repayment of automatic contribution
Beginning with the year in which an account holder of a KIDS Account attains the age of 30, such account holder shall repay, in such form and manner as the Executive Director shall prescribe by regulation, the amount transferred under section 2(d)(1)(A) and credited to the account of the account holder under subsection (d). (i) Rights of legal guardian
Until the account holder of a KIDS Account attains age 18, any rights or duties of the account holder under this Act with respect to such account shall be exercised or performed by the legal guardian of such account holder. 4. Certifications related to government contributions
(a) Supplemental government contributions
(1) In general
Upon such showing as the Executive Director may require to establish the basis for certification, the Executive Director shall, with respect to each eligible account holder, certify to the Secretary of the Treasury the supplemental amount with respect to such account holder. (2) Eligible account holder
For purposes of this subsection, the term eligible account holder means an account holder of a KIDS Account who, for the last taxable year ending before such account holder’s certification under section 3(b), has a modified adjusted gross income which is below the applicable national median adjusted gross income amount. (3) Supplemental amount
(A) In general
For purposes of this Act, the term supplemental amount means $500. (B) Income phase-out
With respect to any account holder who has a modified adjusted gross income for the last taxable year ending before such account holder’s certification under section 3(b) which is in excess of 50 percent of the applicable national median adjusted gross income amount, the $500 amount in subparagraph (A) shall be reduced (but not below zero) by an amount which bears the same ratio to $500 as such excess bears to 50 percent of the applicable national median adjusted gross income amount. (C) Adjustment for inflation
(i) In general
For each fifth calendar year beginning after 2005, each of the $500 amounts under subparagraphs (A) and (B) shall be increased by such dollar amount multiplied by the cost-of-living adjustment determined under section 1(f)(3) of the Internal Revenue Code of 1986 determined by substituting calendar year 2004 for calendar year 1992 in subparagraph (B) thereof. (ii) Rounding
If any amount adjusted under clause (i) is not a multiple of $50, such amount shall be rounded to the next lowest multiple of $50. (b) Government matching contribution
(1) In general
Upon such showing as the Executive Director may require to establish the basis for certification, the Executive Director shall, with respect to each private contribution to the account of an account holder which is made before such account holder attains age 18, certify to the Secretary of the Treasury the matching amount with respect to such contribution. (2) Matching amount
(A) In general
For purposes of this subsection, the term matching amount means, with respect to the first $500 of private contributions to an account during any calendar year, an amount equal to 100 percent of such contribution. (B) Income phase-out
With respect to any account holder who has a modified adjusted gross income for the last taxable year ending before such contribution which is in excess of 100 percent of the applicable national median adjusted gross income amount, the $500 amount in subparagraph (A) shall be reduced (but not below zero) by an amount which bears the same ratio to $500 as such excess bears to 5 percent of the applicable national median adjusted gross income amount. (C) Adjustment for inflation
(i) In general
For each fifth calendar year beginning after 2005, each of the $500 amounts under subparagraphs (A) and (B) shall be increased by such dollar amount multiplied by the cost-of-living adjustment determined under section 1(f)(3) of the Internal Revenue Code of 1986 determined by substituting calendar year 2004 for calendar year 1992 in subparagraph (B) thereof. (ii) Rounding
If any amount adjusted under clause (i) is not a multiple of $50, such amount shall be rounded to the next lowest multiple of $50. (3) Private contribution
For purposes of this subsection, the term private contribution means a contribution accepted under section 3(f). (c) Definitions and rules relating to modified adjusted gross income
For purposes of this section— (1) Special rule for account holders who can be claimed as dependents
In the case of an account holder of a KIDS Account for whom a deduction is allowable under section 151 of the Internal Revenue Code of 1986 to another taxpayer, any reference in this section to the modified adjusted gross income of the account holder for any taxable year shall be treated as a reference to the modified adjusted gross income of such other taxpayer. (2) Modified adjusted gross income
The term modified adjusted gross income has the meaning given such term in section 221(b) of the Internal Revenue Code of 1986. (3) Applicable national median adjusted gross income
(A) In general
The term applicable national median adjusted gross income means, with respect to any calendar year, the median amount of adjusted gross income (as defined in section 62 of the Internal Revenue Code of 1986) for individual taxpayers for taxable years ending in the prior calendar year as determined by the Secretary of the Treasury. (B) Joint returns
The applicable national median adjusted gross income shall be calculated and applied separately with respect to joint returns and all other returns. 5. Rules governing KIDS Accounts relating to investment, accounting, and reporting
(a) Default investment program
The KIDS Account Fund Board shall establish a default investment program under which, in a manner similar to a lifecycle investment program, sums in each KIDS Account are allocated to investment funds in the KIDS Account Fund based on the amount of time before the account holder attains the age of 18. Each account holder of a KIDS Account shall be enrolled in such program unless such account holder, in such form and manner as prescribed by the Executive Director, elects otherwise. (b) Other rules
Under regulations which shall be prescribed by the Executive Director, and subject to the provisions of this Act, the provisions of— (1) section 8438 of title 5, United States Code (relating to investment of the Thrift Savings Fund), (2) section 8439(b) of such title (relating to engagement of independent qualified public accountant), (3) section 8439(c) of such title (relating to periodic statements and summary descriptions of investment options), and (4) section 8439(d) of such title (relating to assumption of risk), shall apply with respect to the KIDS Account Fund and accounts maintained in such Fund in the same manner and to the same extent as such provisions relate to the Thrift Savings Fund and the accounts maintained in the Thrift Savings Fund. For purposes of this subsection, references in such sections 8438 and 8439 to an employee, Member, former employee, or former Member shall be deemed references to an account holder of a KIDS Account in the KIDS Account Fund. 6. Distributions from KIDS Accounts
(a) In general
Under regulations prescribed by the Executive Director, amounts in a KIDS Account shall, at the request of the account holder, be distributed to the account holder if the account holder demonstrates to the satisfaction of the Executive Director that such amount will be used for qualified expenses. (b) Age limitation
(1) Early distributions
No distribution shall be made under subsection (a) with respect to any account holder of a KIDS Account before such account holder attains age 18. (2) Exception
Paragraph (1) shall not apply with respect to amounts distributed for qualified higher education expenses (as defined in section 529(e)(3) of the Internal Revenue Code of 1986). (c) Qualified expenses
For purposes of this Act, the term qualified expenses means, with respect to any account holder— (1) qualified distributions (within the meaning of section 408A(d)(2) of the Internal Revenue Code of 1986), (2) qualified higher education expenses (as defined in section 529(e)(3) of such Code), and (3) amounts which within 60 days of distribution are transferred to a qualified tuition program under section 529 of the Internal Revenue Code of 1986 for the benefit of the account holder or a member of the family (within the meaning of section 529(e)(2) of such Code) of such account holder. 7. Tax treatment of KIDS Accounts
(a) In general
Except as otherwise provided in this Act, for purposes of the Internal Revenue Code of 1986— (1) each KIDS Account shall be treated in the same manner as a Roth IRA (within the meaning of section 408A of such Code), and (2) any distribution from such account shall be treated in the same manner as a distribution from a Roth IRA, except that distributions described in paragraphs (2) and (3) of section 6(c) shall be treated as qualified distributions under section 408A(d) of such Code. (b) Qualified rollovers contributions
(1) In general
Except as provided in paragraph (2), no qualified rollover contribution (as defined in section 408A(e) of the Internal Revenue Code of 1986) shall be allowed with respect to a KIDS Account. (2) Qualified rollovers
Under regulations prescribed by the Secretary of the Treasury in consultation with the Executive Director, after an account holder of a KIDS Account attains the age of 18, such account holder may elect to make a rollover contribution from such account holder's account to— (A) a privately managed KIDS Account, or (B) a Roth IRA. (c) 100 percent tax on government contributions
(1) KIDS Accounts
(A) In general
In the case of any amount distributed from a KIDS Account which is attributable to contributions made under section 2(d) and which would be includible in gross income (but for this paragraph)— (i) such amount shall not be includible in gross income, and (ii) the tax imposed under chapter 1 of the Internal Revenue Code of 1986 on the distributee for the taxable year in which such amount is distributed shall be increased by 100 percent of such amount. (B) Ordering rules
For purposes of this paragraph, distributions from KIDS Accounts shall be treated as made from amounts attributable to contributions made under section 3(f) and from earnings before made from amounts attributable to contributions made under section 2(d). (2) Roth IRAs
Section 408A(d) of the Internal Revenue Code of 1986 (relating to distribution rules) is amended by adding at the end the following new paragraph: (8) 100 percent tax on distributions related to certain government contributions
(A) In general
In the case of any distribution which is attributable to contributions made under section 2(d) of the America Saving for Personal Investment, Retirement, and Education Act of 2004 and which would be includible in gross income (but for this paragraph)— (i) such amount shall not be includible in gross income, and (ii) the tax imposed under chapter 1 on the distributee for the taxable year in which such amount is distributed shall be increased by 100 percent of such amount. (B) Ordering rules
For purposes of this paragraph, distributions shall be treated as made from amounts attributable to other contributions and from earnings before made from amounts attributable to contributions made under section 2(d) of the America Saving for Personal Investment, Retirement, and Education Act of 2004.. (3) Qualified tuition programs
Section 529(c)(3) of the Internal Revenue Code of 1986 (relating to distributions) is amended by adding at the end the following new subparagraph: (E) 100 percent tax on distributions related to certain government contributions
(i) In general
In the case of any distribution which is attributable to contributions made under section 2(d) of the America Saving for Personal Investment, Retirement, and Education Act of 2004 and which would be includible in gross income (but for this subparagraph)— (I) such amount shall not be includible in gross income, and (II) the tax imposed under chapter 1 on the distributee for the taxable year in which such amount is distributed shall be increased by 100 percent of such amount. (ii) Ordering rules
For purposes of this subparagraph, distributions shall be treated as made from amounts attributable to other contributions and from earnings before made from amounts attributable to contributions made under section 2(d) of the America Saving for Personal Investment, Retirement, and Education Act of 2004.. 8. Private management of KIDS Accounts
(a) In general
Part I of subchapter D of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 408A the following new section: 408B. Privately Managed KIDS Accounts
(a) In general
Except as provided in this section, a privately managed KIDS Account shall be treated in the same manner as a Roth IRA, except that: (1) Qualified distributions shall include— (A) qualified higher education expenses (as defined in section 529(e)(3)) of the beneficiary of a privately managed KIDS Account, and (B) amounts which within 60 days of distribution are transferred to a qualified tuition program under section 529 for the benefit of the account holder of a privately managed KIDS Account or a member of the family (within the meaning of section 529(e)(2)) of such account holder. (2) Section 408A(d)(2)(B) shall not apply. (3) In lieu of the definition given the term qualified rollover contribution under section 408A(e), such term shall mean a rollover contribution to a privately managed KIDS Account from another such account or from a KIDS Account under section 7(b)(2)(A) of the America Saving for Personal Investment, Retirement, and Education Act of 2004 , but only if such rollover contribution meets the requirements of section 408(d)(3). (4) In the case of any distribution which is attributable to contributions made under section 2(d) of the America Saving for Personal Investment, Retirement, and Education Act of 2004 and which would be includible in gross income (but for this paragraph)— (A) such amount shall not be includible in gross income, and (B) the tax imposed under chapter 1 on the distributee for the taxable year in which such amount is distributed shall be increased by 100 percent of such amount. For purposes of this paragraph, distributions from privately managed KIDS Accounts shall be treated as made from amounts attributable to contributions made under section 3(f) of the America Saving for Personal Investment, Retirement, and Education Act of 2004 and from earnings before made from amounts attributable to contributions made under section 2(d) of such Act. (b) Privately managed KIDS Account
For purposes of this title, the term privately managed KIDS Account means an individual retirement plan (as defined in section 7701(a)(37)) which is designated (in such manner as the Secretary may prescribe) as a privately managed KIDS Account.. (b) Conforming amendment
The table of sections for part I of subchapter D of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item related to section 408A the following new item: Sec. 408B. Privately managed KIDS Accounts. 408B. Privately Managed KIDS Accounts
(a) In general
Except as provided in this section, a privately managed KIDS Account shall be treated in the same manner as a Roth IRA, except that: (1) Qualified distributions shall include— (A) qualified higher education expenses (as defined in section 529(e)(3)) of the beneficiary of a privately managed KIDS Account, and (B) amounts which within 60 days of distribution are transferred to a qualified tuition program under section 529 for the benefit of the account holder of a privately managed KIDS Account or a member of the family (within the meaning of section 529(e)(2)) of such account holder. (2) Section 408A(d)(2)(B) shall not apply. (3) In lieu of the definition given the term qualified rollover contribution under section 408A(e), such term shall mean a rollover contribution to a privately managed KIDS Account from another such account or from a KIDS Account under section 7(b)(2)(A) of the America Saving for Personal Investment, Retirement, and Education Act of 2004 , but only if such rollover contribution meets the requirements of section 408(d)(3). (4) In the case of any distribution which is attributable to contributions made under section 2(d) of the America Saving for Personal Investment, Retirement, and Education Act of 2004 and which would be includible in gross income (but for this paragraph)— (A) such amount shall not be includible in gross income, and (B) the tax imposed under chapter 1 on the distributee for the taxable year in which such amount is distributed shall be increased by 100 percent of such amount. For purposes of this paragraph, distributions from privately managed KIDS Accounts shall be treated as made from amounts attributable to contributions made under section 3(f) of the America Saving for Personal Investment, Retirement, and Education Act of 2004 and from earnings before made from amounts attributable to contributions made under section 2(d) of such Act. (b) Privately managed KIDS Account
For purposes of this title, the term privately managed KIDS Account means an individual retirement plan (as defined in section 7701(a)(37)) which is designated (in such manner as the Secretary may prescribe) as a privately managed KIDS Account. 9. KIDS Account Fund Board
(a) In general
There is established in the Executive branch of the Government a KIDS Account Fund Board. (b) Composition, duties, and responsibilities
Subject to the provisions of this Act, the provisions of— (1) section 8472 of title 5, United States Code (relating to composition of Federal Retirement Thrift Investment Board), (2) section 8474 of such title (relating to Executive Director), (3) section 8475 of such title (relating to investment policies), and (4) section 8476 of such title (relating to administrative provisions), shall apply with respect to the KIDS Account Fund Board in the same manner and to the same extent as such provisions relate to the Federal Retirement Thrift Investment Board. 10. Fiduciary responsibilities
(a) In general
Under regulations of the Secretary of Labor, the provisions of sections 8477 and 8478 of title 5, United States Code, shall apply in connection with the KIDS Account Fund and the accounts maintained in such Fund in the same manner and to the same extent as such provisions apply in connection with the Thrift Savings Fund and the accounts maintained in the Thrift Savings Fund. (b) Investigative authority
Any authority available to the Secretary of Labor under section 504 of the Employee Retirement Income Security Act of 1974 is hereby made available to the Secretary of Labor, and any officer designated by the Secretary of Labor, to determine whether any person has violated, or is about to violate, any provision applicable under subsection (a). (c) Exculpatory provisions; insurance
(1) In general
Any provision in an agreement or instrument which purports to relieve a fiduciary from responsibility or liability for any responsibility, obligation, or duty under this Act shall be void. (2) Insurance
Amounts in the KIDS Account Fund available for administrative expenses shall be available and may be used at the discretion of the Executive Director to purchase insurance to cover potential liability of persons who serve in a fiduciary capacity with respect to the Fund and accounts maintained therein, without regard to whether a policy of insurance permits recourse by the insurer against the fiduciary in the case of a breach of a fiduciary obligation. 11. Assignment, alienation, and treatment of deceased individuals
(a) Assignment and alienation
Under regulations which shall be prescribed by the Executive Director, rules relating to assignment and alienation applicable under chapter 84 of title 5, United States Code, with respect to amounts held in accounts in the Thrift Savings Fund shall apply with respect to amounts held in KIDS Accounts in the KIDS Account Fund. (b) Treatment of accounts of deceased individuals
In the case of a deceased account holder of a KIDS Account which has an account balance greater than zero, upon receipt of notification of such individual’s death, the Executive Director shall close the account and shall transfer the balance in such account to the KIDS Account of such account holder’s surviving spouse or, if there is no such account of a surviving spouse, to the duly appointed legal representative of the estate of the deceased account holder, or if there is no such representative, to the person or persons determined to be entitled thereto under the laws of the domicile of the deceased account holder. 12. Accounts disregarded in determining eligibility for Federal benefits
Amounts in any KIDS Account shall not be taken into account in determining any individual’s eligibility for any federally funded benefit, including student financial aid. 13. Reports
(a) Annual report
The Executive Director, in consultation with the Secretary of the Treasury, shall annually transmit a written report to the Congress. Such report shall include— (1) a detailed description of the status and operation of the KIDS Account Fund and the management of the KIDS Accounts, and (2) a detailed accounting of the administrative expenses in carrying out this Act, including the ratio of such administrative expenses to the balance of the KIDS Account Fund and the methodology adopted by the Executive Director for allocating such expenses among the KIDS Accounts. (b) Repayment of automatic contributions
Not later than 2 years before the issuance of any final regulation under section 3(h), the Executive Director shall transmit a written report to the Congress. Such report shall include a draft of the proposed regulation to be issued under such section and a description of the conclusions and recommendations of the Executive Director regarding the implementation of the following repayment options: (1) Repayment through service or employment in high-need professions or areas. (2) Increasing the Federal income tax liability of each account holder of a KIDS Account by $100 per year for 5 years after the account holder attains age 30. (3) Repayment from the account or other sources before the account holder of a KIDS Account attains age 30. (4) Alternatives for individuals facing financial hardship, including deferred repayment and forgiveness. 14. Programs for promoting financial literacy
The Secretary of the Treasury, in coordination with the Financial Literacy and Education Commission, shall develop programs to promote the financial literacy of account holders of KIDS Accounts and the legal guardians of such account holders who have the rights with respect to such accounts under section 3(i). | 29,928 | [
"Ways and Means Committee"
] |
108hr3941ih | 108 | hr | 3,941 | ih | To amend title 28, United States Code, to give district courts of the United States jurisdiction over competing State custody determinations, and for other purposes. | [
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"text": "2. Jurisdiction over competing State custody orders \nSection 1738A of title 28, United States Code, is amended by adding at the end the following: (i) If a court of one State makes a child custody determination in accordance with subsection (c) and if that determination is in conflict with a determination made by another State in accordance with subsection (c), a contestant for whom such a determination was made may bring an action in the district court of the United States the district of which includes the resident of such contestant to determine, on the basis of the best interests of the child involved, which determination shall prevail..",
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"text": "3. National registry of custody orders \n(a) In general \nThe Attorney General shall establish a national child custody and visitation registry in which shall be entered— (1) certified copies of custody and visitation determinations made by courts throughout the United States (and foreign custody orders concerning children temporarily or permanently resident in the United States); (2) information identifying pending proceedings in courts throughout the United States for initial, modification, or enforcement orders; and (3) information identifying proceedings filed in any court in the United States pursuant to the Hague Convention on the Civil Aspects of International Child Abduction and the International Child Abduction Remedies Act, and resulting orders. (b) Cooperation \nThe Attorney General shall seek the cooperation of State and Federal courts in each State, and the District of Columbia, in providing relevant information to the registry on an ongoing basis. The Attorney General shall provide such financial and technical assistance as necessary. (c) Access \nThe registry shall be accessible to courts, law enforcement officials, custody contestants and their legal representatives",
"id": "H3AF22F65B9A2404088B0A624077069A9",
"header": "National registry of custody orders",
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"text": "(a) In general \nThe Attorney General shall establish a national child custody and visitation registry in which shall be entered— (1) certified copies of custody and visitation determinations made by courts throughout the United States (and foreign custody orders concerning children temporarily or permanently resident in the United States); (2) information identifying pending proceedings in courts throughout the United States for initial, modification, or enforcement orders; and (3) information identifying proceedings filed in any court in the United States pursuant to the Hague Convention on the Civil Aspects of International Child Abduction and the International Child Abduction Remedies Act, and resulting orders.",
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"header": "In general",
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"text": "(b) Cooperation \nThe Attorney General shall seek the cooperation of State and Federal courts in each State, and the District of Columbia, in providing relevant information to the registry on an ongoing basis. The Attorney General shall provide such financial and technical assistance as necessary.",
"id": "H20884AA06B2F4125A28429D1EF5CED95",
"header": "Cooperation",
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"text": "(c) Access \nThe registry shall be accessible to courts, law enforcement officials, custody contestants and their legal representatives",
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"header": "Access",
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"text": "4. Detention of children listed as missing \nLaw enforcement officers of any State or local government may hold, for not more than 24 hours or until a disposition can be made, any child listed under any category of the Missing Person File by the National Crime Information Center for the proper disposition of the child in accordance with the latest valid custody determination applicable to the child.",
"id": "HE97DB5B88E754A71A71F271D32BD487D",
"header": "Detention of children listed as missing",
"nested": [],
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},
{
"text": "5. International child abduction remedies \n(a) Legal assistance for victims of parental kidnapping \nSection 7 of the International Child Abduction Remedies Act ( 42 U.S.C. 11606 ) is amended by adding at the end the following new subsection: (f) Legal assistance for victims of parental kidnapping grants \n(1) Funding to legal services providers \nThe Central Authority shall establish a program to provide funding to legal services providers, including private attorneys, public officials acting pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act, legal aid programs, and law school clinical programs, to provide direct legal or advocacy services on behalf of persons seeking remedies under the Convention, or other civil or criminal remedies in interstate or international parental kidnapping cases. (2) Training and technical assistance \nThe Central Authority, directly or through grants, shall provide training and technical assistance to recipients of funds under paragraph (1) to improve their capacity to offer legal assistance described in paragraph (1).. (b) Legal services corporation \nThe Legal Services Corporation may use funds made available to the Corporation for programs to represent aliens in proceedings brought in the United States under the Convention— (1) if the individuals to whom the representation is provided otherwise meet the criteria of the Corporation for eligible clients under the Legal Services Corporation Act; and (2) whether or not such individuals are resident in the United States. (c) Exemption from court costs \nSection 8(b) of the International Child Abduction Remedies Act ( 42 U.S.C. 11607(b) ) is amended— (1) by redesignating paragraphs (2) and (3) as paragraphs (3) through (4), respectively; (2) by striking paragraph (1) and inserting the following: (1) No court costs may be assessed on a petitioner in connection with a petition seeking the return of, or rights of access to, a child located in the United States, pursuant to this Act. (2) Petitioners may be required to bear the costs of legal counsel or advisors, court costs incurred in connection with their petitions (other than petitions described in paragraph (1)) and travel costs for the return of the child involved and any accompanying persons, except as provided in paragraphs (3) and (4). ; and (3) in paragraph (3), as so redesignated— (A) by striking paragraph (3) and inserting paragraph (4) ; and (B) by inserting (other than in connection with a petition described in paragraph (1)) after or court costs. (d) Responsibilities of United States central authority \nSection 7 of the International Child Abduction Remedies Act ( 42 U.S.C. 11606 ) is amended by adding at the end the following new subsections: (f) Technical assistance \nThe United States Central Authority shall encourage the Chief Justice of every State and the District of Columbia to designate a single court, or a limited number of courts, in which cases brought under the Convention may be heard. The Central Authority may provide technical assistance (including computers and Internet access) as necessary to foster consolidation of jurisdiction and implementation of the Convention, consistent with the purposes of the Convention. (g) Training \nThe United States Central Authority shall provide or promote training of State court judges, lawyers, and law students on the civil and criminal laws pertaining to interstate and international parental kidnapping. To carry out this subsection, the United States Central Authority may make available funds under subsection (e) to State judicial educators, national, State, and local bar associations, and law schools. The United States Central Authority shall require recipients of such funds to report on the training programs they present, including the number of participants.. (e) Federal Judicial Center \nSection 620 of title 28, United States Code, is amended by adding at the end the following: (c) Continuing education and training programs \nThe Center shall include in its continuing education and training programs, including the training programs for newly appointed judges, information on the Hague Convention on the Civil Aspects of International Child Abduction, the International Child Abduction Remedies Act, the International Parental Kidnapping Crime Act, and other Federal statutes pertaining to parental kidnapping within the jurisdiction of the Federal courts, and shall prepare materials necessary to carry out this subsection..",
"id": "H6E8B3DD5EC0648479588A7C1A8EC6E75",
"header": "International child abduction remedies",
"nested": [
{
"text": "(a) Legal assistance for victims of parental kidnapping \nSection 7 of the International Child Abduction Remedies Act ( 42 U.S.C. 11606 ) is amended by adding at the end the following new subsection: (f) Legal assistance for victims of parental kidnapping grants \n(1) Funding to legal services providers \nThe Central Authority shall establish a program to provide funding to legal services providers, including private attorneys, public officials acting pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act, legal aid programs, and law school clinical programs, to provide direct legal or advocacy services on behalf of persons seeking remedies under the Convention, or other civil or criminal remedies in interstate or international parental kidnapping cases. (2) Training and technical assistance \nThe Central Authority, directly or through grants, shall provide training and technical assistance to recipients of funds under paragraph (1) to improve their capacity to offer legal assistance described in paragraph (1)..",
"id": "HB808A3CA2C964132A389BB80F265125",
"header": "Legal assistance for victims of parental kidnapping",
"nested": [],
"links": [
{
"text": "42 U.S.C. 11606",
"legal-doc": "usc",
"parsable-cite": "usc/42/11606"
}
]
},
{
"text": "(b) Legal services corporation \nThe Legal Services Corporation may use funds made available to the Corporation for programs to represent aliens in proceedings brought in the United States under the Convention— (1) if the individuals to whom the representation is provided otherwise meet the criteria of the Corporation for eligible clients under the Legal Services Corporation Act; and (2) whether or not such individuals are resident in the United States.",
"id": "HA571C59C3F2D461DB3E219F274458BEE",
"header": "Legal services corporation",
"nested": [],
"links": []
},
{
"text": "(c) Exemption from court costs \nSection 8(b) of the International Child Abduction Remedies Act ( 42 U.S.C. 11607(b) ) is amended— (1) by redesignating paragraphs (2) and (3) as paragraphs (3) through (4), respectively; (2) by striking paragraph (1) and inserting the following: (1) No court costs may be assessed on a petitioner in connection with a petition seeking the return of, or rights of access to, a child located in the United States, pursuant to this Act. (2) Petitioners may be required to bear the costs of legal counsel or advisors, court costs incurred in connection with their petitions (other than petitions described in paragraph (1)) and travel costs for the return of the child involved and any accompanying persons, except as provided in paragraphs (3) and (4). ; and (3) in paragraph (3), as so redesignated— (A) by striking paragraph (3) and inserting paragraph (4) ; and (B) by inserting (other than in connection with a petition described in paragraph (1)) after or court costs.",
"id": "HB5FC981AAD104C1584A183EAA117C09",
"header": "Exemption from court costs",
"nested": [],
"links": [
{
"text": "42 U.S.C. 11607(b)",
"legal-doc": "usc",
"parsable-cite": "usc/42/11607"
}
]
},
{
"text": "(d) Responsibilities of United States central authority \nSection 7 of the International Child Abduction Remedies Act ( 42 U.S.C. 11606 ) is amended by adding at the end the following new subsections: (f) Technical assistance \nThe United States Central Authority shall encourage the Chief Justice of every State and the District of Columbia to designate a single court, or a limited number of courts, in which cases brought under the Convention may be heard. The Central Authority may provide technical assistance (including computers and Internet access) as necessary to foster consolidation of jurisdiction and implementation of the Convention, consistent with the purposes of the Convention. (g) Training \nThe United States Central Authority shall provide or promote training of State court judges, lawyers, and law students on the civil and criminal laws pertaining to interstate and international parental kidnapping. To carry out this subsection, the United States Central Authority may make available funds under subsection (e) to State judicial educators, national, State, and local bar associations, and law schools. The United States Central Authority shall require recipients of such funds to report on the training programs they present, including the number of participants..",
"id": "H582D1B1B32604C4600178C9810C27C68",
"header": "Responsibilities of United States central authority",
"nested": [],
"links": [
{
"text": "42 U.S.C. 11606",
"legal-doc": "usc",
"parsable-cite": "usc/42/11606"
}
]
},
{
"text": "(e) Federal Judicial Center \nSection 620 of title 28, United States Code, is amended by adding at the end the following: (c) Continuing education and training programs \nThe Center shall include in its continuing education and training programs, including the training programs for newly appointed judges, information on the Hague Convention on the Civil Aspects of International Child Abduction, the International Child Abduction Remedies Act, the International Parental Kidnapping Crime Act, and other Federal statutes pertaining to parental kidnapping within the jurisdiction of the Federal courts, and shall prepare materials necessary to carry out this subsection..",
"id": "HDB442B3993014850A72D67BEBB840881",
"header": "Federal Judicial Center",
"nested": [],
"links": [
{
"text": "Section 620",
"legal-doc": "usc",
"parsable-cite": "usc/28/620"
}
]
}
],
"links": [
{
"text": "42 U.S.C. 11606",
"legal-doc": "usc",
"parsable-cite": "usc/42/11606"
},
{
"text": "42 U.S.C. 11607(b)",
"legal-doc": "usc",
"parsable-cite": "usc/42/11607"
},
{
"text": "42 U.S.C. 11606",
"legal-doc": "usc",
"parsable-cite": "usc/42/11606"
},
{
"text": "Section 620",
"legal-doc": "usc",
"parsable-cite": "usc/28/620"
}
]
},
{
"text": "6. Reports relating to international child abduction \n(a) Report on progress in negotiating bilateral treaties with non-hague convention countries \nThe Secretary of State shall prepare and submit to the Congress an annual report on progress made by the United States in negotiating and entering into bilateral treaties (or other international agreements) relating to international child abduction with countries that are not contracting parties to the Hague Convention on the Civil Aspects of International Child Abduction. (b) Report on human rights practices \n(1) Section 116(d) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151n(d) ) is amended— (A) in paragraph (7), by striking and at the end and inserting a semicolon; (B) in paragraph (8), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (9) the status of efforts in each country to prohibit international child abduction, including— (A) efforts to expedite the return of children to the country of their habitual residence; and (B) the extent to which the country respects the rights of custody and of access under the laws of other countries.. (2) Section 502B(b) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2304(b) ) is amended by inserting after the sixth sentence the following: Each report under this section shall include information on the status of efforts in each country to prohibit international child abduction, including efforts to expedite the return of children to the country of their habitual residence and the extent to which the country respects the rights of custody and of access under the laws of other countries.. (c) Report on enforcement of Section 1204 of title 18, United States Code \nThe Attorney General, in consultation with the Secretary of State, shall prepare and submit to the Congress an annual report that contains a description of the status of each case involving a request during the preceding year for extradition to the United States of an individual alleged to have violated section 1204 of title 18, United States Code.",
"id": "H61E9DFFF68CF473500F2443B47C8D6B6",
"header": "Reports relating to international child abduction",
"nested": [
{
"text": "(a) Report on progress in negotiating bilateral treaties with non-hague convention countries \nThe Secretary of State shall prepare and submit to the Congress an annual report on progress made by the United States in negotiating and entering into bilateral treaties (or other international agreements) relating to international child abduction with countries that are not contracting parties to the Hague Convention on the Civil Aspects of International Child Abduction.",
"id": "HA8BBB09BC7D7421DB132F16094E635C",
"header": "Report on progress in negotiating bilateral treaties with non-hague convention countries",
"nested": [],
"links": []
},
{
"text": "(b) Report on human rights practices \n(1) Section 116(d) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151n(d) ) is amended— (A) in paragraph (7), by striking and at the end and inserting a semicolon; (B) in paragraph (8), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (9) the status of efforts in each country to prohibit international child abduction, including— (A) efforts to expedite the return of children to the country of their habitual residence; and (B) the extent to which the country respects the rights of custody and of access under the laws of other countries.. (2) Section 502B(b) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2304(b) ) is amended by inserting after the sixth sentence the following: Each report under this section shall include information on the status of efforts in each country to prohibit international child abduction, including efforts to expedite the return of children to the country of their habitual residence and the extent to which the country respects the rights of custody and of access under the laws of other countries..",
"id": "H6C509A028E7E490E94CB7D003F5321D0",
"header": "Report on human rights practices",
"nested": [],
"links": [
{
"text": "22 U.S.C. 2151n(d)",
"legal-doc": "usc",
"parsable-cite": "usc/22/2151n"
},
{
"text": "22 U.S.C. 2304(b)",
"legal-doc": "usc",
"parsable-cite": "usc/22/2304"
}
]
},
{
"text": "(c) Report on enforcement of Section 1204 of title 18, United States Code \nThe Attorney General, in consultation with the Secretary of State, shall prepare and submit to the Congress an annual report that contains a description of the status of each case involving a request during the preceding year for extradition to the United States of an individual alleged to have violated section 1204 of title 18, United States Code.",
"id": "H2ABBFDA3A4E149E1AE9F84807FBBF272",
"header": "Report on enforcement of Section 1204 of title 18, United States Code",
"nested": [],
"links": [
{
"text": "Section 1204",
"legal-doc": "usc",
"parsable-cite": "usc/18/1204"
},
{
"text": "section 1204",
"legal-doc": "usc",
"parsable-cite": "usc/18/1204"
}
]
}
],
"links": [
{
"text": "22 U.S.C. 2151n(d)",
"legal-doc": "usc",
"parsable-cite": "usc/22/2151n"
},
{
"text": "22 U.S.C. 2304(b)",
"legal-doc": "usc",
"parsable-cite": "usc/22/2304"
},
{
"text": "Section 1204",
"legal-doc": "usc",
"parsable-cite": "usc/18/1204"
},
{
"text": "section 1204",
"legal-doc": "usc",
"parsable-cite": "usc/18/1204"
}
]
},
{
"text": "7. Support for Uniform Child Custody Jurisdiction and Enforcement Act \nFrom amounts made available to carry out this section, the Attorney General shall support, directly or through grants and contracts, the adoption and implementation by the States of the Uniform Child Custody Jurisdiction and Enforcement Act, as adopted by the National Conference of Commissioners on Uniform State Laws (in this section referred to as the UCCJEA ). The support provided under this section shall include the following activities: (1) Activities to promote the adoption of the UCCJEA by States that have not yet adopted it. (2) Activities to provide training to lawyers and to judges and other appropriate public officials to ensure that the UCCJEA is implemented effectively and uniformly throughout the United States. (3) Activities to provide guidance and funding to States to facilitate and expedite the enforcement by those States of the custody and visitation provisions of the UCCJEA.",
"id": "HC31AFE36B852469095001DE113AA4C07",
"header": "Support for Uniform Child Custody Jurisdiction and Enforcement Act",
"nested": [],
"links": []
},
{
"text": "8. Federal Judicial Center education programs on parental kidnapping \nThe Federal Judicial Center, in fulfilling its function to stimulate, create, develop, and conduct programs of continuing education and training for personnel of the judicial branch of the Government and other persons (as specified in section 620(b)(3) of title 28, United States Code), shall ensure that those programs include education, training, and materials on the Hague Convention on the Civil Aspects of International Child Abduction, the International Child Abduction Remedies Act, the International Parental Kidnapping Crime Act, and such other international and Federal laws relating to parental kidnapping as are within the jurisdiction of the Federal courts.",
"id": "H1CFA82E81F9F43588CB1A715C8EE88A",
"header": "Federal Judicial Center education programs on parental kidnapping",
"nested": [],
"links": [
{
"text": "section 620(b)(3)",
"legal-doc": "usc",
"parsable-cite": "usc/28/620"
}
]
},
{
"text": "9. Use of supervised visitation centers under the Safe Havens for Children pilot program in situations involving the risk of parental kidnapping \nSection 1301(a) of the Violence Against Women Act of 2000 ( 42 U.S.C. 10420(a) ) is amended by striking or stalking and inserting stalking, or the risk of parental kidnapping.",
"id": "H3DAA27F015844122B862CA382C2B8ED2",
"header": "Use of supervised visitation centers under the Safe Havens for Children pilot program in situations involving the risk of parental kidnapping",
"nested": [],
"links": [
{
"text": "42 U.S.C. 10420(a)",
"legal-doc": "usc",
"parsable-cite": "usc/42/10420"
}
]
},
{
"text": "10. Disclosure of taxpayer identity information to National Center for Missing and Exploited Children \n(a) In general \nSubsection (m) of section 6103 of the Internal Revenue Code of 1986 (relating to disclosure of taxpayer identity information) is amended by adding at the end the following new paragraph: (8) Requests from the National Center for Missing and Exploited Children \nUpon written request by the National Center for Missing and Exploited Children, the Secretary may disclose the mailing address and any business address of any taxpayer or dependent thereof pursuant to section 404 of the Missing Children’s Assistance Act, for use only by the National Center for Missing and Exploited Children in locating and recovering missing and exploited children.. (b) Safeguards \nParagraph (4) of section 6103(p) of such Code (relating to safeguards) is amended— (1) by striking (16) or and inserting (16), or , (2) by inserting or in subsection (m)(8) after (20) each place it occurs, and (3) by or (7) of subsection (m) and inserting (7), or (8) of subsection (m). (c) Criminal penalty for unauthorized disclosure of information \nParagraph (2) of section 7213(a) of such Code (relating to State and other employees) is amended by striking or (7) and inserting (7), or (8). (d) Effective date \nThe amendments made by this section shall apply to requests made after the date of the enactment of this Act.",
"id": "H900C7E01A83F4FBD981CBA56EFEADF",
"header": "Disclosure of taxpayer identity information to National Center for Missing and Exploited Children",
"nested": [
{
"text": "(a) In general \nSubsection (m) of section 6103 of the Internal Revenue Code of 1986 (relating to disclosure of taxpayer identity information) is amended by adding at the end the following new paragraph: (8) Requests from the National Center for Missing and Exploited Children \nUpon written request by the National Center for Missing and Exploited Children, the Secretary may disclose the mailing address and any business address of any taxpayer or dependent thereof pursuant to section 404 of the Missing Children’s Assistance Act, for use only by the National Center for Missing and Exploited Children in locating and recovering missing and exploited children..",
"id": "H1BB3776A250B40B781EFBEEF46A2AF19",
"header": "In general",
"nested": [],
"links": [
{
"text": "section 6103",
"legal-doc": "usc",
"parsable-cite": "usc/26/6103"
}
]
},
{
"text": "(b) Safeguards \nParagraph (4) of section 6103(p) of such Code (relating to safeguards) is amended— (1) by striking (16) or and inserting (16), or , (2) by inserting or in subsection (m)(8) after (20) each place it occurs, and (3) by or (7) of subsection (m) and inserting (7), or (8) of subsection (m).",
"id": "H6287F5459EA54A398CDB32B6B032053E",
"header": "Safeguards",
"nested": [],
"links": []
},
{
"text": "(c) Criminal penalty for unauthorized disclosure of information \nParagraph (2) of section 7213(a) of such Code (relating to State and other employees) is amended by striking or (7) and inserting (7), or (8).",
"id": "HE525418975ED42468735985DC28D2750",
"header": "Criminal penalty for unauthorized disclosure of information",
"nested": [],
"links": []
},
{
"text": "(d) Effective date \nThe amendments made by this section shall apply to requests made after the date of the enactment of this Act.",
"id": "H3DAA153F75F04B83BBA0E9CC04D4DF0",
"header": "Effective date",
"nested": [],
"links": []
}
],
"links": [
{
"text": "section 6103",
"legal-doc": "usc",
"parsable-cite": "usc/26/6103"
}
]
}
] | 10 | 1. Short title
This Act may be cited as the. 2. Jurisdiction over competing State custody orders
Section 1738A of title 28, United States Code, is amended by adding at the end the following: (i) If a court of one State makes a child custody determination in accordance with subsection (c) and if that determination is in conflict with a determination made by another State in accordance with subsection (c), a contestant for whom such a determination was made may bring an action in the district court of the United States the district of which includes the resident of such contestant to determine, on the basis of the best interests of the child involved, which determination shall prevail.. 3. National registry of custody orders
(a) In general
The Attorney General shall establish a national child custody and visitation registry in which shall be entered— (1) certified copies of custody and visitation determinations made by courts throughout the United States (and foreign custody orders concerning children temporarily or permanently resident in the United States); (2) information identifying pending proceedings in courts throughout the United States for initial, modification, or enforcement orders; and (3) information identifying proceedings filed in any court in the United States pursuant to the Hague Convention on the Civil Aspects of International Child Abduction and the International Child Abduction Remedies Act, and resulting orders. (b) Cooperation
The Attorney General shall seek the cooperation of State and Federal courts in each State, and the District of Columbia, in providing relevant information to the registry on an ongoing basis. The Attorney General shall provide such financial and technical assistance as necessary. (c) Access
The registry shall be accessible to courts, law enforcement officials, custody contestants and their legal representatives 4. Detention of children listed as missing
Law enforcement officers of any State or local government may hold, for not more than 24 hours or until a disposition can be made, any child listed under any category of the Missing Person File by the National Crime Information Center for the proper disposition of the child in accordance with the latest valid custody determination applicable to the child. 5. International child abduction remedies
(a) Legal assistance for victims of parental kidnapping
Section 7 of the International Child Abduction Remedies Act ( 42 U.S.C. 11606 ) is amended by adding at the end the following new subsection: (f) Legal assistance for victims of parental kidnapping grants
(1) Funding to legal services providers
The Central Authority shall establish a program to provide funding to legal services providers, including private attorneys, public officials acting pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act, legal aid programs, and law school clinical programs, to provide direct legal or advocacy services on behalf of persons seeking remedies under the Convention, or other civil or criminal remedies in interstate or international parental kidnapping cases. (2) Training and technical assistance
The Central Authority, directly or through grants, shall provide training and technical assistance to recipients of funds under paragraph (1) to improve their capacity to offer legal assistance described in paragraph (1).. (b) Legal services corporation
The Legal Services Corporation may use funds made available to the Corporation for programs to represent aliens in proceedings brought in the United States under the Convention— (1) if the individuals to whom the representation is provided otherwise meet the criteria of the Corporation for eligible clients under the Legal Services Corporation Act; and (2) whether or not such individuals are resident in the United States. (c) Exemption from court costs
Section 8(b) of the International Child Abduction Remedies Act ( 42 U.S.C. 11607(b) ) is amended— (1) by redesignating paragraphs (2) and (3) as paragraphs (3) through (4), respectively; (2) by striking paragraph (1) and inserting the following: (1) No court costs may be assessed on a petitioner in connection with a petition seeking the return of, or rights of access to, a child located in the United States, pursuant to this Act. (2) Petitioners may be required to bear the costs of legal counsel or advisors, court costs incurred in connection with their petitions (other than petitions described in paragraph (1)) and travel costs for the return of the child involved and any accompanying persons, except as provided in paragraphs (3) and (4). ; and (3) in paragraph (3), as so redesignated— (A) by striking paragraph (3) and inserting paragraph (4) ; and (B) by inserting (other than in connection with a petition described in paragraph (1)) after or court costs. (d) Responsibilities of United States central authority
Section 7 of the International Child Abduction Remedies Act ( 42 U.S.C. 11606 ) is amended by adding at the end the following new subsections: (f) Technical assistance
The United States Central Authority shall encourage the Chief Justice of every State and the District of Columbia to designate a single court, or a limited number of courts, in which cases brought under the Convention may be heard. The Central Authority may provide technical assistance (including computers and Internet access) as necessary to foster consolidation of jurisdiction and implementation of the Convention, consistent with the purposes of the Convention. (g) Training
The United States Central Authority shall provide or promote training of State court judges, lawyers, and law students on the civil and criminal laws pertaining to interstate and international parental kidnapping. To carry out this subsection, the United States Central Authority may make available funds under subsection (e) to State judicial educators, national, State, and local bar associations, and law schools. The United States Central Authority shall require recipients of such funds to report on the training programs they present, including the number of participants.. (e) Federal Judicial Center
Section 620 of title 28, United States Code, is amended by adding at the end the following: (c) Continuing education and training programs
The Center shall include in its continuing education and training programs, including the training programs for newly appointed judges, information on the Hague Convention on the Civil Aspects of International Child Abduction, the International Child Abduction Remedies Act, the International Parental Kidnapping Crime Act, and other Federal statutes pertaining to parental kidnapping within the jurisdiction of the Federal courts, and shall prepare materials necessary to carry out this subsection.. 6. Reports relating to international child abduction
(a) Report on progress in negotiating bilateral treaties with non-hague convention countries
The Secretary of State shall prepare and submit to the Congress an annual report on progress made by the United States in negotiating and entering into bilateral treaties (or other international agreements) relating to international child abduction with countries that are not contracting parties to the Hague Convention on the Civil Aspects of International Child Abduction. (b) Report on human rights practices
(1) Section 116(d) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151n(d) ) is amended— (A) in paragraph (7), by striking and at the end and inserting a semicolon; (B) in paragraph (8), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (9) the status of efforts in each country to prohibit international child abduction, including— (A) efforts to expedite the return of children to the country of their habitual residence; and (B) the extent to which the country respects the rights of custody and of access under the laws of other countries.. (2) Section 502B(b) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2304(b) ) is amended by inserting after the sixth sentence the following: Each report under this section shall include information on the status of efforts in each country to prohibit international child abduction, including efforts to expedite the return of children to the country of their habitual residence and the extent to which the country respects the rights of custody and of access under the laws of other countries.. (c) Report on enforcement of Section 1204 of title 18, United States Code
The Attorney General, in consultation with the Secretary of State, shall prepare and submit to the Congress an annual report that contains a description of the status of each case involving a request during the preceding year for extradition to the United States of an individual alleged to have violated section 1204 of title 18, United States Code. 7. Support for Uniform Child Custody Jurisdiction and Enforcement Act
From amounts made available to carry out this section, the Attorney General shall support, directly or through grants and contracts, the adoption and implementation by the States of the Uniform Child Custody Jurisdiction and Enforcement Act, as adopted by the National Conference of Commissioners on Uniform State Laws (in this section referred to as the UCCJEA ). The support provided under this section shall include the following activities: (1) Activities to promote the adoption of the UCCJEA by States that have not yet adopted it. (2) Activities to provide training to lawyers and to judges and other appropriate public officials to ensure that the UCCJEA is implemented effectively and uniformly throughout the United States. (3) Activities to provide guidance and funding to States to facilitate and expedite the enforcement by those States of the custody and visitation provisions of the UCCJEA. 8. Federal Judicial Center education programs on parental kidnapping
The Federal Judicial Center, in fulfilling its function to stimulate, create, develop, and conduct programs of continuing education and training for personnel of the judicial branch of the Government and other persons (as specified in section 620(b)(3) of title 28, United States Code), shall ensure that those programs include education, training, and materials on the Hague Convention on the Civil Aspects of International Child Abduction, the International Child Abduction Remedies Act, the International Parental Kidnapping Crime Act, and such other international and Federal laws relating to parental kidnapping as are within the jurisdiction of the Federal courts. 9. Use of supervised visitation centers under the Safe Havens for Children pilot program in situations involving the risk of parental kidnapping
Section 1301(a) of the Violence Against Women Act of 2000 ( 42 U.S.C. 10420(a) ) is amended by striking or stalking and inserting stalking, or the risk of parental kidnapping. 10. Disclosure of taxpayer identity information to National Center for Missing and Exploited Children
(a) In general
Subsection (m) of section 6103 of the Internal Revenue Code of 1986 (relating to disclosure of taxpayer identity information) is amended by adding at the end the following new paragraph: (8) Requests from the National Center for Missing and Exploited Children
Upon written request by the National Center for Missing and Exploited Children, the Secretary may disclose the mailing address and any business address of any taxpayer or dependent thereof pursuant to section 404 of the Missing Children’s Assistance Act, for use only by the National Center for Missing and Exploited Children in locating and recovering missing and exploited children.. (b) Safeguards
Paragraph (4) of section 6103(p) of such Code (relating to safeguards) is amended— (1) by striking (16) or and inserting (16), or , (2) by inserting or in subsection (m)(8) after (20) each place it occurs, and (3) by or (7) of subsection (m) and inserting (7), or (8) of subsection (m). (c) Criminal penalty for unauthorized disclosure of information
Paragraph (2) of section 7213(a) of such Code (relating to State and other employees) is amended by striking or (7) and inserting (7), or (8). (d) Effective date
The amendments made by this section shall apply to requests made after the date of the enactment of this Act. | 12,326 | [
"Judiciary Committee",
"Ways and Means Committee",
"Foreign Affairs Committee"
] |
108hr3898ih | 108 | hr | 3,898 | ih | To authorize construction of a new (replacement) medical center for the Department of Veterans Affairs in the Commonwealth of Puerto Rico at a site to be selected pursuant to a study by the Secretary of Veterans Affairs and Secretary of Defense as suitable for a new Federal medical center in the Commonwealth of Puerto Rico that would best serve the needs of both veterans and Department of Defense medical beneficiaries in Puerto Rico. | [
{
"text": "1. Authorization of major medical facility project, Commonwealth of Puerto Rico \nThe Secretary of Veterans Affairs may carry out a major medical facility project for the construction of a new (replacement) medical center in the Commonwealth of Puerto Rico, in an amount not to exceed $450,000,000. The project shall be carried out at the site selected pursuant to section 3.",
"id": "HEDA7F0B00F08407CB261115B4E29CC71",
"header": "Authorization of major medical facility project, Commonwealth of Puerto Rico",
"nested": [],
"links": []
},
{
"text": "2. Authorization of appropriations \n(a) In general \nThere is authorized to be appropriated to the Secretary of Veterans Affairs for fiscal year 2005 for the Construction, Major Projects, account $450,000,000 for the project authorized in section 1. (b) Limitation \nThe project authorized in section 1 may only be carried out using— (1) funds appropriated for fiscal year 2005 pursuant to the authorization of appropriations in subsection (a); (2) funds appropriated for Construction, Major Projects, for a fiscal year before fiscal year 2005 that remain available for obligation; and (3) funds appropriated for Construction, Major Projects, for fiscal year 2005 for a category of activity not specific to a project.",
"id": "H0AB3AA06E68F496B94737D044856C9E3",
"header": "Authorization of appropriations",
"nested": [
{
"text": "(a) In general \nThere is authorized to be appropriated to the Secretary of Veterans Affairs for fiscal year 2005 for the Construction, Major Projects, account $450,000,000 for the project authorized in section 1.",
"id": "HC2FEF38933364B53B2E7E79DC3E2ECDD",
"header": "In general",
"nested": [],
"links": []
},
{
"text": "(b) Limitation \nThe project authorized in section 1 may only be carried out using— (1) funds appropriated for fiscal year 2005 pursuant to the authorization of appropriations in subsection (a); (2) funds appropriated for Construction, Major Projects, for a fiscal year before fiscal year 2005 that remain available for obligation; and (3) funds appropriated for Construction, Major Projects, for fiscal year 2005 for a category of activity not specific to a project.",
"id": "H7627DC3D810F43409B93EB2121E1F7EE",
"header": "Limitation",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "3. Study of site for new medical center in Commonwealth of Puerto Rico \n(a) Study \nThe Secretary of Veterans Affairs and the Secretary of Defense shall conduct a joint study of the locations in the Commonwealth of Puerto Rico specified in subsection (b) to determine which of those two locations would be the preferable site for a new Federal medical center in the Commonwealth of Puerto Rico to serve the needs of both veterans and Department of Defense medical beneficiaries in Puerto Rico. (b) Specification of sites \nThe sites to be studied under subsection (a) are the following: (1) Sabana Seca, Puerto Rico. (2) Fort Buchanan, Puerto Rico. (c) Report to Congress \nThe two Secretaries shall jointly submit to Congress a report setting forth the results of the study, including the recommendation of the Secretaries for the site for a new Federal medical center in the Commonwealth of Puerto Rico. The report shall be submitted not later than six months after the date of the enactment of this Act.",
"id": "HEEEC402DE9E142C4B6538521268361B9",
"header": "Study of site for new medical center in Commonwealth of Puerto Rico",
"nested": [
{
"text": "(a) Study \nThe Secretary of Veterans Affairs and the Secretary of Defense shall conduct a joint study of the locations in the Commonwealth of Puerto Rico specified in subsection (b) to determine which of those two locations would be the preferable site for a new Federal medical center in the Commonwealth of Puerto Rico to serve the needs of both veterans and Department of Defense medical beneficiaries in Puerto Rico.",
"id": "H3B19A31AE53140B8B4B311BA618ABAB",
"header": "Study",
"nested": [],
"links": []
},
{
"text": "(b) Specification of sites \nThe sites to be studied under subsection (a) are the following: (1) Sabana Seca, Puerto Rico. (2) Fort Buchanan, Puerto Rico.",
"id": "H4057759AE43A4E2EA34BDCC61DFB9523",
"header": "Specification of sites",
"nested": [],
"links": []
},
{
"text": "(c) Report to Congress \nThe two Secretaries shall jointly submit to Congress a report setting forth the results of the study, including the recommendation of the Secretaries for the site for a new Federal medical center in the Commonwealth of Puerto Rico. The report shall be submitted not later than six months after the date of the enactment of this Act.",
"id": "H36F275404233450FBE7F00B33FBA8033",
"header": "Report to Congress",
"nested": [],
"links": []
}
],
"links": []
}
] | 3 | 1. Authorization of major medical facility project, Commonwealth of Puerto Rico
The Secretary of Veterans Affairs may carry out a major medical facility project for the construction of a new (replacement) medical center in the Commonwealth of Puerto Rico, in an amount not to exceed $450,000,000. The project shall be carried out at the site selected pursuant to section 3. 2. Authorization of appropriations
(a) In general
There is authorized to be appropriated to the Secretary of Veterans Affairs for fiscal year 2005 for the Construction, Major Projects, account $450,000,000 for the project authorized in section 1. (b) Limitation
The project authorized in section 1 may only be carried out using— (1) funds appropriated for fiscal year 2005 pursuant to the authorization of appropriations in subsection (a); (2) funds appropriated for Construction, Major Projects, for a fiscal year before fiscal year 2005 that remain available for obligation; and (3) funds appropriated for Construction, Major Projects, for fiscal year 2005 for a category of activity not specific to a project. 3. Study of site for new medical center in Commonwealth of Puerto Rico
(a) Study
The Secretary of Veterans Affairs and the Secretary of Defense shall conduct a joint study of the locations in the Commonwealth of Puerto Rico specified in subsection (b) to determine which of those two locations would be the preferable site for a new Federal medical center in the Commonwealth of Puerto Rico to serve the needs of both veterans and Department of Defense medical beneficiaries in Puerto Rico. (b) Specification of sites
The sites to be studied under subsection (a) are the following: (1) Sabana Seca, Puerto Rico. (2) Fort Buchanan, Puerto Rico. (c) Report to Congress
The two Secretaries shall jointly submit to Congress a report setting forth the results of the study, including the recommendation of the Secretaries for the site for a new Federal medical center in the Commonwealth of Puerto Rico. The report shall be submitted not later than six months after the date of the enactment of this Act. | 2,094 | [
"Veterans' Affairs Committee"
] |
108hr3772ih | 108 | hr | 3,772 | ih | To include Nelson County and Franklin County, Virginia, in the Appalachian region for purposes of the programs of the Appalachian Regional Commission. | [
{
"text": "1. Inclusion of Nelson County and Franklin County, Virginia, in the Appalachian region \nSection 14102(a)(1)(L) of title 40, United States Code, is amended— (1) by inserting Franklin, after Floyd, ; and (2) by inserting Nelson, after Montgomery,.",
"id": "H8E2FDB948E1740ECB7704C3ECD92FEB0",
"header": "Inclusion of Nelson County and Franklin County, Virginia, in the Appalachian region",
"nested": [],
"links": [
{
"text": "Section 14102(a)(1)(L)",
"legal-doc": "usc",
"parsable-cite": "usc/40/14102"
}
]
}
] | 1 | 1. Inclusion of Nelson County and Franklin County, Virginia, in the Appalachian region
Section 14102(a)(1)(L) of title 40, United States Code, is amended— (1) by inserting Franklin, after Floyd, ; and (2) by inserting Nelson, after Montgomery,. | 245 | [
"Transportation and Infrastructure Committee"
] |
108hr3732ih | 108 | hr | 3,732 | ih | To amend the Agricultural Marketing Act of 1946 to repeal the recently enacted two-year delay in the implementation of the country of origin labeling requirements of such Act for certain agricultural commodities. | [
{
"text": "1. Repeal of delay in implementation of country of origin labeling requirements of Agricultural Marketing Act of 1946 \nSection 285 of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1638d ), as amended by section 749 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2004 (division A of Public Law 108–199 ), is amended by striking September 30, 2006 and all that follows through the period at the end and inserting September 30, 2004..",
"id": "HA593ABC3BEA1449BA1ACBF07496339A3",
"header": "Repeal of delay in implementation of country of origin labeling requirements of Agricultural Marketing Act of 1946",
"nested": [],
"links": [
{
"text": "7 U.S.C. 1638d",
"legal-doc": "usc",
"parsable-cite": "usc/7/1638d"
},
{
"text": "Public Law 108–199",
"legal-doc": "public-law",
"parsable-cite": "pl/108/199"
}
]
}
] | 1 | 1. Repeal of delay in implementation of country of origin labeling requirements of Agricultural Marketing Act of 1946
Section 285 of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1638d ), as amended by section 749 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2004 (division A of Public Law 108–199 ), is amended by striking September 30, 2006 and all that follows through the period at the end and inserting September 30, 2004.. | 498 | [
"Agriculture Committee"
] |
108hr5019ih | 108 | hr | 5,019 | ih | To suspend temporarily the duty on certain pepperoncini prepared or preserved otherwise than by vinegar or acetic acid. | [
{
"text": "1. Certain pepperoncini prepared or preserved otherwise than by vinegar or acetic acid \n(a) In general \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.20.06 Pepperoncini, prepared or preserved otherwise than by vinegar or acetic acid (provided for in subheading 2005.90.55) Free No change No change On or before 12/31/2007. (b) Effective date \nThe amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.",
"id": "HE9A819FD362B41E691F2CED7F3993CB4",
"header": "Certain pepperoncini prepared or preserved otherwise than by vinegar or acetic acid",
"nested": [
{
"text": "(a) In general \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.20.06 Pepperoncini, prepared or preserved otherwise than by vinegar or acetic acid (provided for in subheading 2005.90.55) 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": []
}
] | 1 | 1. Certain pepperoncini prepared or preserved otherwise than by vinegar or acetic acid
(a) In general
Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.20.06 Pepperoncini, prepared or preserved otherwise than by vinegar or acetic acid (provided for in subheading 2005.90.55) Free No change No change On or before 12/31/2007. (b) Effective date
The 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. | 638 | [
"Ways and Means Committee"
] |
108hr4063ih | 108 | hr | 4,063 | ih | To authorize States, in the event of inadequate Federal funding under part B of the Individuals with Disabilities Education Act, to waive certain requirements of the Elementary and Secondary Education Act of 1965, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the No School Left Behind Act of 2004.",
"id": "HAF1B884284424521BC025C973DD081DA",
"header": "Short title",
"nested": [],
"links": []
},
{
"text": "2. Full funding of part b of the Individuals with Disabilities Education Act \n(a) Waiver authority \nSubject to subsection (c), section 1116(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6316(b) ) (relating to the identification of schools for school improvement, corrective action, or restructuring) shall not apply in a State if— (1) for any fiscal year the Federal Government appropriates for the purpose of carrying out part B of the Individuals with Disabilities Education Act ( 20 U.S.C. 1411 et seq. ) an amount that is less than the amount determined under subsection (b); and (2) the State chooses to waive the application of such section 1116(b). (b) Amount \nThe amount referred to in subsection (a)(1) is the product of— (1) the number of children with disabilities in all States who are receiving special education and related services— (A) aged 3 through 5 if the State is eligible for a grant under section 619; and (B) aged 6 through 21; and (2) 40 percent of the average per-pupil expenditure in public elementary and secondary schools in the United States. (c) Limitation \nFor any fiscal year described in subsection (a)(1), a State may waive the application of section 1116(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6316(b) ) for not more than 3 consecutive school years, beginning with the school year that commences during the fiscal year involved. (d) Continued funding \nA State’s decision under this section to waive the provisions of section 1116(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6316(b) ) shall not affect the State’s eligibility for, or receipt of, funds under such Act. (e) State \nFor purposes of this section, the term State has the meaning given to that term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ).",
"id": "HC7F1CB84D6BF458D83349EE200BA787",
"header": "Full funding of part b of the Individuals with Disabilities Education Act",
"nested": [
{
"text": "(a) Waiver authority \nSubject to subsection (c), section 1116(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6316(b) ) (relating to the identification of schools for school improvement, corrective action, or restructuring) shall not apply in a State if— (1) for any fiscal year the Federal Government appropriates for the purpose of carrying out part B of the Individuals with Disabilities Education Act ( 20 U.S.C. 1411 et seq. ) an amount that is less than the amount determined under subsection (b); and (2) the State chooses to waive the application of such section 1116(b).",
"id": "H99D43BD68DAB4D570087FA400041483E",
"header": "Waiver authority",
"nested": [],
"links": [
{
"text": "20 U.S.C. 6316(b)",
"legal-doc": "usc",
"parsable-cite": "usc/20/6316"
},
{
"text": "20 U.S.C. 1411 et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/20/1411"
}
]
},
{
"text": "(b) Amount \nThe amount referred to in subsection (a)(1) is the product of— (1) the number of children with disabilities in all States who are receiving special education and related services— (A) aged 3 through 5 if the State is eligible for a grant under section 619; and (B) aged 6 through 21; and (2) 40 percent of the average per-pupil expenditure in public elementary and secondary schools in the United States.",
"id": "HBD7A3DE7775548CF807927BE183E1301",
"header": "Amount",
"nested": [],
"links": []
},
{
"text": "(c) Limitation \nFor any fiscal year described in subsection (a)(1), a State may waive the application of section 1116(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6316(b) ) for not more than 3 consecutive school years, beginning with the school year that commences during the fiscal year involved.",
"id": "H186AB59735A344AC8F33B19333AC87F6",
"header": "Limitation",
"nested": [],
"links": [
{
"text": "20 U.S.C. 6316(b)",
"legal-doc": "usc",
"parsable-cite": "usc/20/6316"
}
]
},
{
"text": "(d) Continued funding \nA State’s decision under this section to waive the provisions of section 1116(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6316(b) ) shall not affect the State’s eligibility for, or receipt of, funds under such Act.",
"id": "H54DB8B8033E542809D69C998E9CA2106",
"header": "Continued funding",
"nested": [],
"links": [
{
"text": "20 U.S.C. 6316(b)",
"legal-doc": "usc",
"parsable-cite": "usc/20/6316"
}
]
},
{
"text": "(e) State \nFor purposes of this section, the term State has the meaning given to that term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ).",
"id": "H307685D697C74F0CB80088ED528B28B5",
"header": "State",
"nested": [],
"links": [
{
"text": "20 U.S.C. 7801",
"legal-doc": "usc",
"parsable-cite": "usc/20/7801"
}
]
}
],
"links": [
{
"text": "20 U.S.C. 6316(b)",
"legal-doc": "usc",
"parsable-cite": "usc/20/6316"
},
{
"text": "20 U.S.C. 1411 et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/20/1411"
},
{
"text": "20 U.S.C. 6316(b)",
"legal-doc": "usc",
"parsable-cite": "usc/20/6316"
},
{
"text": "20 U.S.C. 6316(b)",
"legal-doc": "usc",
"parsable-cite": "usc/20/6316"
},
{
"text": "20 U.S.C. 7801",
"legal-doc": "usc",
"parsable-cite": "usc/20/7801"
}
]
}
] | 2 | 1. Short title
This Act may be cited as the No School Left Behind Act of 2004. 2. Full funding of part b of the Individuals with Disabilities Education Act
(a) Waiver authority
Subject to subsection (c), section 1116(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6316(b) ) (relating to the identification of schools for school improvement, corrective action, or restructuring) shall not apply in a State if— (1) for any fiscal year the Federal Government appropriates for the purpose of carrying out part B of the Individuals with Disabilities Education Act ( 20 U.S.C. 1411 et seq. ) an amount that is less than the amount determined under subsection (b); and (2) the State chooses to waive the application of such section 1116(b). (b) Amount
The amount referred to in subsection (a)(1) is the product of— (1) the number of children with disabilities in all States who are receiving special education and related services— (A) aged 3 through 5 if the State is eligible for a grant under section 619; and (B) aged 6 through 21; and (2) 40 percent of the average per-pupil expenditure in public elementary and secondary schools in the United States. (c) Limitation
For any fiscal year described in subsection (a)(1), a State may waive the application of section 1116(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6316(b) ) for not more than 3 consecutive school years, beginning with the school year that commences during the fiscal year involved. (d) Continued funding
A State’s decision under this section to waive the provisions of section 1116(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6316(b) ) shall not affect the State’s eligibility for, or receipt of, funds under such Act. (e) State
For purposes of this section, the term State has the meaning given to that term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). | 1,941 | [
"Education and the Workforce Committee"
] |
108hr4282ih | 108 | hr | 4,282 | ih | To express the policy of the United States regarding the United States relationship with Native Hawaiians and to provide a process for the recognition by the United States of the Native Hawaiian governing entity, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the.",
"id": "H22A0CB5B7D614B8691DB9CAC00EE8D78",
"header": "Short title",
"nested": [],
"links": []
},
{
"text": "2. Findings \nCongress finds that— (1) the Constitution vests Congress with the authority to address the conditions of the indigenous, native people of the United States; (2) Native Hawaiians, the native people of the Hawaiian archipelago that is now part of the United States, are indigenous, native people of the United States; (3) the United States has a special political and legal responsibility to promote the welfare of the native people of the United States, including Native Hawaiians; (4) under the treaty making power of the United States, Congress exercised its constitutional authority to confirm treaties between the United States and the Kingdom of Hawaii, and from 1826 until 1893, the United States— (A) recognized the sovereignty of the Kingdom of Hawaii; (B) accorded full diplomatic recognition to the Kingdom of Hawaii; and (C) entered into treaties and conventions with the Kingdom of Hawaii to govern commerce and navigation in 1826, 1842, 1849, 1875, and 1887; (5) pursuant to the Hawaiian Homes Commission Act, 1920 (42 Stat. 108, chapter 42), the United States set aside approximately 203,500 acres of land to address the conditions of Native Hawaiians in the Federal territory that later became the State of Hawaii; (6) by setting aside 203,500 acres of land for Native Hawaiian homesteads and farms, the Hawaiian Homes Commission Act assists the members of the Native Hawaiian community in maintaining distinct native settlements throughout the State of Hawaii; (7) approximately 6,800 Native Hawaiian families reside on the Hawaiian Home Lands and approximately 18,000 Native Hawaiians who are eligible to reside on the Hawaiian Home Lands are on a waiting list to receive assignments of Hawaiian Home Lands; (8) (A) in 1959, as part of the compact with the United States admitting Hawaii into the Union, Congress established a public trust (commonly known as the ceded lands trust ), for 5 purposes, 1 of which is the betterment of the conditions of Native Hawaiians; (B) the public trust consists of lands, including submerged lands, natural resources, and the revenues derived from the lands; and (C) the assets of this public trust have never been completely inventoried or segregated; (9) Native Hawaiians have continuously sought access to the ceded lands in order to establish and maintain native settlements and distinct native communities throughout the State; (10) the Hawaiian Home Lands and other ceded lands provide an important foundation for the ability of the Native Hawaiian community to maintain the practice of Native Hawaiian culture, language, and traditions, and for the survival and economic self-sufficiency of the Native Hawaiian people; (11) Native Hawaiians continue to maintain other distinctly native areas in Hawaii; (12) on November 23, 1993, Public Law 103–150 (107 Stat. 1510) (commonly known as the Apology Resolution ) was enacted into law, extending an apology on behalf of the United States to the native people of Hawaii for the United States’ role in the overthrow of the Kingdom of Hawaii; (13) the Apology Resolution acknowledges that the overthrow of the Kingdom of Hawaii occurred with the active participation of agents and citizens of the United States and further acknowledges that the Native Hawaiian people never directly relinquished to the United States their claims to their inherent sovereignty as a people over their national lands, either through the Kingdom of Hawaii or through a plebiscite or referendum; (14) the Apology Resolution expresses the commitment of Congress and the President— (A) to acknowledge the ramifications of the overthrow of the Kingdom of Hawaii; (B) to support reconciliation efforts between the United States and Native Hawaiians; and (C) to consult with Native Hawaiians on the reconciliation process as called for in the Apology Resolution; (15) despite the overthrow of the government of the Kingdom of Hawaii, Native Hawaiians have continued to maintain their separate identity as a distinct native community through cultural, social, and political institutions, and to give expression to their rights as native people to self-determination, self-governance, and economic self-sufficiency; (16) Native Hawaiians have also given expression to their rights as native people to self-determination, self-governance, and economic self-sufficiency— (A) through the provision of governmental services to Native Hawaiians, including the provision of— (i) health care services; (ii) educational programs; (iii) employment and training programs; (iv) economic development assistance programs; (v) children’s services; (vi) conservation programs; (vii) fish and wildlife protection; (viii) agricultural programs; (ix) native language immersion programs; (x) native language immersion schools from kindergarten through high school; (xi) college and master’s degree programs in native language immersion instruction; (xii) traditional justice programs, and (B) by continuing their efforts to enhance Native Hawaiian self-determination and local control; (17) Native Hawaiians are actively engaged in Native Hawaiian cultural practices, traditional agricultural methods, fishing and subsistence practices, maintenance of cultural use areas and sacred sites, protection of burial sites, and the exercise of their traditional rights to gather medicinal plants and herbs, and food sources; (18) the Native Hawaiian people wish to preserve, develop, and transmit to future generations of Native Hawaiians their lands and Native Hawaiian political and cultural identity in accordance with their traditions, beliefs, customs and practices, language, and social and political institutions, to control and manage their own lands, including ceded lands, and to achieve greater self-determination over their own affairs; (19) this Act provides a process within the framework of Federal law for the Native Hawaiian people to exercise their inherent rights as a distinct, indigenous, native community to reorganize a Native Hawaiian governing entity for the purpose of giving expression to their rights as native people to self-determination and self-governance; (20) Congress— (A) has declared that the United States has a special responsibility for the welfare of the native peoples of the United States, including Native Hawaiians; (B) has identified Native Hawaiians as a distinct group of indigenous, native people of the United States within the scope of its authority under the Constitution, and has enacted scores of statutes on their behalf; and (C) has delegated broad authority to the State of Hawaii to administer some of the United States’ responsibilities as they relate to the Native Hawaiian people and their lands; (21) the United States has recognized and reaffirmed the special political and legal relationship with the Native Hawaiian people through the enactment of the Act entitled, An Act to provide for the admission of the State of Hawaii into the Union , approved March 18, 1959 ( Public Law 86–3 ; 73 Stat. 4), by— (A) ceding to the State of Hawaii title to the public lands formerly held by the United States, and mandating that those lands be held as a public trust for 5 purposes, 1 of which is for the betterment of the conditions of Native Hawaiians; and (B) transferring the United States’ responsibility for the administration of the Hawaiian Home Lands to the State of Hawaii, but retaining the authority to enforce the trust, including the exclusive right of the United States to consent to any actions affecting the lands that comprise the corpus of the trust and any amendments to the Hawaiian Homes Commission Act, 1920 (42 Stat. 108, chapter 42) that are enacted by the legislature of the State of Hawaii affecting the beneficiaries under the Act; (22) the United States has continually recognized and reaffirmed that— (A) Native Hawaiians have a cultural, historic, and land-based link to the aboriginal, indigenous, native people who exercised sovereignty over the Hawaiian Islands; (B) Native Hawaiians have never relinquished their claims to sovereignty or their sovereign lands; (C) the United States extends services to Native Hawaiians because of their unique status as the indigenous, native people of a once-sovereign nation with whom the United States has a political and legal relationship; and (D) the special trust relationship of American Indians, Alaska Natives, and Native Hawaiians to the United States arises out of their status as aboriginal, indigenous, native people of the United States; and (23) the State of Hawaii supports the reaffirmation of the political and legal relationship between the Native Hawaiian governing entity and the United States as evidenced by 2 unanimous resolutions enacted by the Hawaii State Legislature in the 2000 and 2001 sessions of the Legislature and by the testimony of the Governor of the State of Hawaii before the Committee on Indian Affairs of the Senate on February 25, 2003.",
"id": "HF89DB28E86FD4E41AB7DF4CE3DD8DD83",
"header": "Findings",
"nested": [],
"links": [
{
"text": "Public Law 103–150",
"legal-doc": "public-law",
"parsable-cite": "pl/103/150"
},
{
"text": "Public Law 86–3",
"legal-doc": "public-law",
"parsable-cite": "pl/86/3"
}
]
},
{
"text": "3. Definitions \nIn this Act: (1) Aboriginal, indigenous, native people \nThe term aboriginal, indigenous, native people means people whom Congress has recognized as the original inhabitants of the lands that later became part of the United States and who exercised sovereignty in the areas that later became part of the United States. (2) Adult member \nThe term adult member means a Native Hawaiian who has attained the age of 18 and who elects to participate in the reorganization of the Native Hawaiian governing entity. (3) Apology Resolution \nThe term Apology Resolution means Public Law 103–150 , (107 Stat. 1510), a Joint Resolution extending an apology to Native Hawaiians on behalf of the United States for the participation of agents of the United States in the January 17, 1893 overthrow of the Kingdom of Hawaii. (4) Commission \nThe term commission means the Commission established under section 7(b) to provide for the certification that those adult members of the Native Hawaiian community listed on the roll meet the definition of Native Hawaiian set forth in section 3(8). (5) Council \nThe term council means the Native Hawaiian Interim Governing Council established under section 7(c)(2). (6) Indigenous, native people \nThe term indigenous, native people means the lineal descendants of the aboriginal, indigenous, native people of the United States. (7) Interagency Coordinating Group \nThe term Interagency Coordinating Group means the Native Hawaiian Interagency Coordinating Group established under section 6. (8) Native Hawaiian \nFor the purpose of establishing the roll authorized under section 7(c)(1) and before the reaffirmation of the political and legal relationship between the United States and the Native Hawaiian governing entity, the term Native Hawaiian means— (A) an individual who is one of the indigenous, native people of Hawaii and who is a direct lineal descendant of the aboriginal, indigenous, native people who— (i) resided in the islands that now comprise the State of Hawaii on or before January 1, 1893; and (ii) occupied and exercised sovereignty in the Hawaiian archipelago, including the area that now constitutes the State of Hawaii; or (B) an individual who is one of the indigenous, native people of Hawaii and who was eligible in 1921 for the programs authorized by the Hawaiian Homes Commission Act (42 Stat. 108, chapter 42) or a direct lineal descendant of that individual. (9) Native Hawaiian Governing Entity \nThe term Native Hawaiian Governing Entity means the governing entity organized by the Native Hawaiian people pursuant to this Act. (10) Office \nThe term Office means the United States Office for Native Hawaiian Relations established under section 5(a). (11) Secretary \nThe term Secretary means the Secretary of the Department of the Interior.",
"id": "H73A2D3C33D7342750044D0430077C4BB",
"header": "Definitions",
"nested": [],
"links": [
{
"text": "Public Law 103–150",
"legal-doc": "public-law",
"parsable-cite": "pl/103/150"
}
]
},
{
"text": "4. United States policy and purpose \n(a) Policy \nThe United States reaffirms that— (1) Native Hawaiians are a unique and distinct, indigenous, native people with whom the United States has a special political and legal relationship; (2) the United States has a special political and legal relationship with the Native Hawaiian people which includes promoting the welfare of Native Hawaiians; (3) Congress possesses the authority under the Constitution, including but not limited to Article I, section 8, clause 3, to enact legislation to address the conditions of Native Hawaiians and has exercised this authority through the enactment of— (A) the Hawaiian Homes Commission Act, 1920 (42 Stat. 108, chapter 42); (B) the Act entitled An Act to provide for the admission of the State of Hawaii into the Union , approved March 18, 1959 ( Public Law 86–3 , 73 Stat. 4); and (C) more than 150 other Federal laws addressing the conditions of Native Hawaiians; (4) Native Hawaiians have— (A) an inherent right to autonomy in their internal affairs; (B) an inherent right of self-determination and self-governance; (C) the right to reorganize a Native Hawaiian governing entity; and (D) the right to become economically self-sufficient; and (5) the United States shall continue to engage in a process of reconciliation and political relations with the Native Hawaiian people. (b) Purpose \nThe purpose of this Act is to provide a process for the reorganization of the Native Hawaiian governing entity and the reaffirmation of the political and legal relationship between the United States and the Native Hawaiian governing entity for purposes of continuing a government-to-government relationship.",
"id": "H6F676C1BD75546D29D0000557C9FB84B",
"header": "United States policy and purpose",
"nested": [
{
"text": "(a) Policy \nThe United States reaffirms that— (1) Native Hawaiians are a unique and distinct, indigenous, native people with whom the United States has a special political and legal relationship; (2) the United States has a special political and legal relationship with the Native Hawaiian people which includes promoting the welfare of Native Hawaiians; (3) Congress possesses the authority under the Constitution, including but not limited to Article I, section 8, clause 3, to enact legislation to address the conditions of Native Hawaiians and has exercised this authority through the enactment of— (A) the Hawaiian Homes Commission Act, 1920 (42 Stat. 108, chapter 42); (B) the Act entitled An Act to provide for the admission of the State of Hawaii into the Union , approved March 18, 1959 ( Public Law 86–3 , 73 Stat. 4); and (C) more than 150 other Federal laws addressing the conditions of Native Hawaiians; (4) Native Hawaiians have— (A) an inherent right to autonomy in their internal affairs; (B) an inherent right of self-determination and self-governance; (C) the right to reorganize a Native Hawaiian governing entity; and (D) the right to become economically self-sufficient; and (5) the United States shall continue to engage in a process of reconciliation and political relations with the Native Hawaiian people.",
"id": "H780C6396EBE2423D8C6BF5272DB7D059",
"header": "Policy",
"nested": [],
"links": [
{
"text": "Public Law 86–3",
"legal-doc": "public-law",
"parsable-cite": "pl/86/3"
}
]
},
{
"text": "(b) Purpose \nThe purpose of this Act is to provide a process for the reorganization of the Native Hawaiian governing entity and the reaffirmation of the political and legal relationship between the United States and the Native Hawaiian governing entity for purposes of continuing a government-to-government relationship.",
"id": "HAD925A741FB0404591A300FB072F1584",
"header": "Purpose",
"nested": [],
"links": []
}
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"links": [
{
"text": "Public Law 86–3",
"legal-doc": "public-law",
"parsable-cite": "pl/86/3"
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},
{
"text": "5. United States Office for Native Hawaiian Relations \n(a) Establishment \nThere is established within the Office of the Secretary of the United States Office for Native Hawaiian Relations. (b) Duties \nThe Office shall— (1) continue the process of reconciliation with the Native Hawaiian people in furtherance of the Apology Resolution; (2) upon the reaffirmation of the political and legal relationship between the Native Hawaiian governing entity and the United States, effectuate and coordinate the special political and legal relationship between the Native Hawaiian governing entity and the United States through the Secretary, and with all other Federal agencies; (3) fully integrate the principle and practice of meaningful, regular, and appropriate consultation with the Native Hawaiian governing entity by providing timely notice to, and consulting with, the Native Hawaiian people and the Native Hawaiian governing entity before taking any actions that may have the potential to significantly affect Native Hawaiian resources, rights, or lands; (4) consult with the Interagency Coordinating Group, other Federal agencies, the Governor of the State of Hawaii and relevant agencies of the State of Hawaii on policies, practices, and proposed actions affecting Native Hawaiian resources, rights, or lands; and (5) prepare and submit to the Committee on Indian Affairs and the Committee on Energy and Natural Resources of the Senate, the Committee on Resources of the House of Representatives, an annual report detailing the activities of the Interagency Coordinating Group that are undertaken with respect to the continuing process of reconciliation and to effect meaningful consultation with the Native Hawaiian governing entity and providing recommendations for any necessary changes to Federal law or regulations promulgated under the authority of Federal law.",
"id": "H75C560AD77004840005EEE064457988E",
"header": "United States Office for Native Hawaiian Relations",
"nested": [
{
"text": "(a) Establishment \nThere is established within the Office of the Secretary of the United States Office for Native Hawaiian Relations.",
"id": "H12D4D8E891D74BAEA63B6F9497278831",
"header": "Establishment",
"nested": [],
"links": []
},
{
"text": "(b) Duties \nThe Office shall— (1) continue the process of reconciliation with the Native Hawaiian people in furtherance of the Apology Resolution; (2) upon the reaffirmation of the political and legal relationship between the Native Hawaiian governing entity and the United States, effectuate and coordinate the special political and legal relationship between the Native Hawaiian governing entity and the United States through the Secretary, and with all other Federal agencies; (3) fully integrate the principle and practice of meaningful, regular, and appropriate consultation with the Native Hawaiian governing entity by providing timely notice to, and consulting with, the Native Hawaiian people and the Native Hawaiian governing entity before taking any actions that may have the potential to significantly affect Native Hawaiian resources, rights, or lands; (4) consult with the Interagency Coordinating Group, other Federal agencies, the Governor of the State of Hawaii and relevant agencies of the State of Hawaii on policies, practices, and proposed actions affecting Native Hawaiian resources, rights, or lands; and (5) prepare and submit to the Committee on Indian Affairs and the Committee on Energy and Natural Resources of the Senate, the Committee on Resources of the House of Representatives, an annual report detailing the activities of the Interagency Coordinating Group that are undertaken with respect to the continuing process of reconciliation and to effect meaningful consultation with the Native Hawaiian governing entity and providing recommendations for any necessary changes to Federal law or regulations promulgated under the authority of Federal law.",
"id": "HDB8A7EB263734F9880C031B8F56D8553",
"header": "Duties",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "6. Native Hawaiian Interagency Coordinating Group \n(a) Establishment \nIn recognition that Federal programs authorized to address the conditions of Native Hawaiians are largely administered by Federal agencies other than the Department of the Interior, there is established an interagency coordinating group to be known as the Native Hawaiian Interagency Coordinating Group. (b) Composition \nThe Interagency Coordinating Group shall be composed of officials, to be designated by the President, from— (1) each Federal agency that administers Native Hawaiian programs, establishes or implements policies that affect Native Hawaiians, or whose actions may significantly or uniquely impact Native Hawaiian resources, rights, or lands; and (2) the Office. (c) Lead agency \n(1) In general \nThe Department of the Interior shall serve as the lead agency of the Interagency Coordinating Group. (2) Meetings \nThe Secretary shall convene meetings of the Interagency Coordinating Group. (d) Duties \nThe Interagency Coordinating Group shall— (1) coordinate Federal programs and policies that affect Native Hawaiians or actions by any agency or agencies of the Federal Government that may significantly or uniquely affect Native Hawaiian resources, rights, or lands; (2) ensure that each Federal agency develops a policy on consultation with the Native Hawaiian people, and upon the reaffirmation of the political and legal relationship between the Native Hawaiian governing entity and the United States, consultation with the Native Hawaiian governing entity; and (3) ensure the participation of each Federal agency in the development of the report to Congress authorized in section 5(b)(5).",
"id": "H67CACD11B8E3478CA37D5C2D1DE6D0D7",
"header": "Native Hawaiian Interagency Coordinating Group",
"nested": [
{
"text": "(a) Establishment \nIn recognition that Federal programs authorized to address the conditions of Native Hawaiians are largely administered by Federal agencies other than the Department of the Interior, there is established an interagency coordinating group to be known as the Native Hawaiian Interagency Coordinating Group.",
"id": "H9F53AE2BB06147198421A3E673A20849",
"header": "Establishment",
"nested": [],
"links": []
},
{
"text": "(b) Composition \nThe Interagency Coordinating Group shall be composed of officials, to be designated by the President, from— (1) each Federal agency that administers Native Hawaiian programs, establishes or implements policies that affect Native Hawaiians, or whose actions may significantly or uniquely impact Native Hawaiian resources, rights, or lands; and (2) the Office.",
"id": "H8C8A374365B34C45A3D8F0A32D5D4CE9",
"header": "Composition",
"nested": [],
"links": []
},
{
"text": "(c) Lead agency \n(1) In general \nThe Department of the Interior shall serve as the lead agency of the Interagency Coordinating Group. (2) Meetings \nThe Secretary shall convene meetings of the Interagency Coordinating Group.",
"id": "H040CFE543071444C97A5C2852C8B57DD",
"header": "Lead agency",
"nested": [],
"links": []
},
{
"text": "(d) Duties \nThe Interagency Coordinating Group shall— (1) coordinate Federal programs and policies that affect Native Hawaiians or actions by any agency or agencies of the Federal Government that may significantly or uniquely affect Native Hawaiian resources, rights, or lands; (2) ensure that each Federal agency develops a policy on consultation with the Native Hawaiian people, and upon the reaffirmation of the political and legal relationship between the Native Hawaiian governing entity and the United States, consultation with the Native Hawaiian governing entity; and (3) ensure the participation of each Federal agency in the development of the report to Congress authorized in section 5(b)(5).",
"id": "H705BCECE57E24F39A298CD74549DD354",
"header": "Duties",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "7. Process for the reorganization of the Native Hawaiian Governing Entity and the reaffirmation of the political and legal relationship between the United States and the Native Hawaiian Governing Entity \n(a) Recognition of the Native Hawaiian Governing Entity \nThe right of the Native Hawaiian people to reorganize the Native Hawaiian governing entity to provide for their common welfare and to adopt appropriate organic governing documents is recognized by the United States. (b) Commission \n(1) In general \nThere is authorized to be established a Commission to be composed of nine members for the purposes of— (A) preparing and maintaining a roll of the adult members of the Native Hawaiian community who elect to participate in the reorganization of the Native Hawaiian governing entity; and (B) certifying that the adult members of the Native Hawaiian community proposed for inclusion on the roll meet the definition of Native Hawaiian in section 3(8). (2) Membership \n(A) Appointment \nWithin 180 days of the date of enactment of this Act, the Secretary shall appoint the members of the Commission in accordance with subclause (B). Any vacancy on the Commission shall not affect its powers and shall be filled in the same manner as the original appointment. (B) Requirements \nThe members of the Commission shall be Native Hawaiian, as defined in section 3(8), and shall have expertise in the determination of Native Hawaiian ancestry and lineal descendancy. (3) Expenses \nEach member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I 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 Commission. (4) Duties \nThe Commission shall— (A) prepare and maintain a roll of the adult members of the Native Hawaiian community who elect to participate in the reorganization of the Native Hawaiian governing entity; and (B) certify that each of the adult members of the Native Hawaiian community proposed for inclusion on the roll meet the definition of Native Hawaiian in section 3(8). (5) Staff \n(A) In general \nThe Commission may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as are necessary to enable the Commission to perform the duties of the Commission. (B) Compensation \n(i) In general \nExcept as provided in clause (ii), the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates. (ii) Maximum rate of pay \nThe rate of pay for the executive director and other personnel shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. (6) Detail of Federal Government employees \n(A) In general \nAn employee of the Federal Government may be detailed to the Commission without reimbursement. (B) Civil service status \nThe detail of the employee shall be without interruption or loss of civil service status or privilege. (7) Procurement of temporary and intermittent services \nThe Commission may procure temporary and intermittent services in accordance with section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. (8) Expiration \nThe Secretary shall dissolve the Commission upon the reaffirmation of the political and legal relationship between the Native Hawaiian governing entity and the United States. (c) Process for the reorganization of the Native Hawaiian Governing Entity \n(1) Roll \n(A) Contents \nThe roll shall include the names of the adult members of the Native Hawaiian community who elect to participate in the reorganization of the Native Hawaiian governing entity and are certified to be Native Hawaiian as defined in section 3(8) by the Commission. (B) Formation of roll \nEach adult member of the Native Hawaiian community who elects to participate in the reorganization of the Native Hawaiian governing entity shall submit to the Commission documentation in the form established by the Commission that is sufficient to enable the Commission to determine whether the individual meets the definition of Native Hawaiian in section 3(8). (C) Documentation \nThe Commission shall— (i) identify the types of documentation that may be submitted to the Commission that would enable the Commission to determine whether an individual meets the definition of Native Hawaiian in section 3(8); (ii) establish a standard format for the submission of documentation; and (iii) publish information related to subclauses (i) and (ii) in the Federal Register; (D) Consultation \nIn making determinations that each of the adult members of the Native Hawaiian community proposed for inclusion on the roll meets the definition of Native Hawaiian in section 3(8), the Commission may consult with Native Hawaiian organizations, agencies of the State of Hawaii including but not limited to the Department of Hawaiian Home Lands, the Office of Hawaiian Affairs, and the State Department of Health, and other entities with expertise and experience in the determination of Native Hawaiian ancestry and lineal descendancy. (E) Certification and submittal of roll to Secretary \nThe Commission shall— (i) submit the roll containing the names of the adult members of the Native Hawaiian community who meet the definition of Native Hawaiian in section 3(8) to the Secretary within two years from the date on which the Commission is fully composed; and (ii) certify to the Secretary that each of the adult members of the Native Hawaiian community proposed for inclusion on the roll meets the definition of Native Hawaiian in section 3(8). (F) Publication \nUpon certification by the Commission to the Secretary that those listed on the roll meet the definition of Native Hawaiian in section 3(8), the Secretary shall publish the roll in the Federal Register. (G) Appeal \nThe Secretary may establish a mechanism for an appeal for any person whose name is excluded from the roll who claims to meet the definition of Native Hawaiian in section 3(8) and to be 18 years of age or older. (H) Publication; update \nThe Secretary shall— (i) publish the roll regardless of whether appeals are pending; (ii) update the roll and the publication of the roll on the final disposition of any appeal; (iii) update the roll to include any Native Hawaiian who has attained the age of 18 and who has been certified by the Commission as meeting the definition of Native Hawaiian in section 3(8) after the initial publication of the roll or after any subsequent publications of the roll. (I) Failure to Act \nIf the Secretary fails to publish the roll, not later than 90 days after the date on which the roll is submitted to the Secretary, the Commission shall publish the roll notwithstanding any order or directive issued by the Secretary or any other official of the Department of the Interior to the contrary. (J) Effect of publication \nThe publication of the initial and updated roll shall serve as the basis for the eligibility of adult members of the Native Hawaiian community whose names are listed on those rolls to participate in the reorganization of the Native Hawaiian governing entity. (2) Organization of the Native Hawaiian Interim Governing Council \n(A) Organization \nThe adult members of the Native Hawaiian community listed on the roll published under this section may— (i) develop criteria for candidates to be elected to serve on the Native Hawaiian Interim Governing Council; (ii) determine the structure of the Council; and (iii) elect members from individuals listed on the roll published under this subsection to the Council. (B) Powers \n(i) In general \nThe Council— (I) may represent those listed on the roll published under this section in the implementation of this Act; and (II) shall have no powers other than powers given to the Council under this Act. (ii) Funding \nThe Council may enter into a contract with, or obtain a grant from, any Federal or State agency to carry out clause (iii). (iii) Activities \n(I) In general \nThe Council may conduct a referendum among the adult members of the Native Hawaiian community listed on the roll published under this subsection for the purpose of determining the proposed elements of the organic governing documents of the Native Hawaiian governing entity, including but not limited to— (aa) the proposed criteria for citizenship of the Native Hawaiian governing entity; (bb) the proposed powers and authorities to be exercised by the Native Hawaiian governing entity, as well as the proposed privileges and immunities of the Native Hawaiian governing entity; (cc) the proposed civil rights and protection of the rights of the citizens of the Native Hawaiian governing entity and all persons affected by the exercise of governmental powers and authorities of the Native Hawaiian governing entity; and (dd) other issues determined appropriate by the Council. (II) Development of organic governing documents \nBased on the referendum, the Council may develop proposed organic governing documents for the Native Hawaiian governing entity. (III) Distribution \nThe Council may distribute to all adult members of the Native Hawaiian community listed on the roll published under this subsection— (aa) a copy of the proposed organic governing documents, as drafted by the Council; and (bb) a brief impartial description of the proposed organic governing documents; (IV) Elections \nThe Council may hold elections for the purpose of ratifying the proposed organic governing documents, and on certification of the organic governing documents by the Secretary in accordance with paragraph (4), hold elections of the officers of the Native Hawaiian governing entity pursuant to paragraph (5). (3) Submittal of organic governing documents \nFollowing the reorganization of the Native Hawaiian governing entity and the adoption of organic governing documents, the Council shall submit the organic governing documents of the Native Hawaiian governing entity to the Secretary. (4) Certifications \n(A) In general \nWithin the context of the future negotiations to be conducted under the authority of section 8(b)(1), and the subsequent actions by the Congress and the State of Hawaii to enact legislation to implement the agreements of the three governments, not later than 90 days after the date on which the Council submits the organic governing documents to the Secretary, the Secretary shall certify that the organic governing documents— (i) establish the criteria for citizenship in the Native Hawaiian governing entity; (ii) were adopted by a majority vote of the adult members of the Native Hawaiian community whose names are listed on the roll published by the Secretary; (iii) provide authority for the Native Hawaiian governing entity to negotiate with Federal, State, and local governments, and other entities; (iv) provide for the exercise of governmental authorities by the Native Hawaiian governing entity, including any authorities that may be delegated to the Native Hawaiian governing entity by the United States and the State of Hawaii following negotiations authorized in section 8(b)(1) and the enactment of legislation to implement the agreements of the three governments; (v) prevent the sale, disposition, lease, or encumbrance of lands, interests in lands, or other assets of the Native Hawaiian governing entity without the consent of the Native Hawaiian governing entity; (vi) provide for the protection of the civil rights of the citizens of the Native Hawaiian governing entity and all persons affected by the exercise of governmental powers and authorities by the Native Hawaiian governing entity; and (vii) are consistent with applicable Federal law and the special political and legal relationship between the United States and the indigenous, native people of the United States; provided that the provisions of Public Law 103–454 , 25 U.S.C. 479a , shall not apply. (B) Resubmission in case of noncompliance with the requirements of subparagraph (a) \n(i) Resubmission by the Secretary \nIf the Secretary determines that the organic governing documents, or any part of the documents, do not meet all of the requirements set forth in subparagraph (A), the Secretary shall resubmit the organic governing documents to the Council, along with a justification for each of the Secretary’s findings as to why the provisions are not in full compliance. (ii) Amendment and resubmission of organic governing documents \nIf the organic governing documents are resubmitted to the Council by the Secretary under clause (i), the Council shall— (I) amend the organic governing documents to ensure that the documents meet all the requirements set forth in subparagraph (A); and (II) resubmit the amended organic governing documents to the Secretary for certification in accordance with this paragraph. (C) Certifications deemed made \nThe certifications under paragraph (4) shall be deemed to have been made if the Secretary has not acted within 90 days after the date on which the Council has submitted the organic governing documents of the Native Hawaiian governing entity to the Secretary. (5) Elections \nOn completion of the certifications by the Secretary under paragraph (4), the Council may hold elections of the officers of the Native Hawaiian governing entity. (6) Reaffirmation \nNotwithstanding any other provision of law, upon the certifications required under paragraph (4) and the election of the officers of the Native Hawaiian governing entity, the political and legal relationship between the United States and the Native Hawaiian governing entity is hereby reaffirmed and the United States extends Federal recognition to the Native Hawaiian governing entity as the representative governing body of the Native Hawaiian people.",
"id": "HD2DE0F59E0444125B9FACBE6ADB8D761",
"header": "Process for the reorganization of the Native Hawaiian Governing Entity and the reaffirmation of the political and legal relationship between the United States and the Native Hawaiian Governing Entity",
"nested": [
{
"text": "(a) Recognition of the Native Hawaiian Governing Entity \nThe right of the Native Hawaiian people to reorganize the Native Hawaiian governing entity to provide for their common welfare and to adopt appropriate organic governing documents is recognized by the United States.",
"id": "H693E2072764A41B4AE4002FA96F06BB0",
"header": "Recognition of the Native Hawaiian Governing Entity",
"nested": [],
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"text": "(b) Commission \n(1) In general \nThere is authorized to be established a Commission to be composed of nine members for the purposes of— (A) preparing and maintaining a roll of the adult members of the Native Hawaiian community who elect to participate in the reorganization of the Native Hawaiian governing entity; and (B) certifying that the adult members of the Native Hawaiian community proposed for inclusion on the roll meet the definition of Native Hawaiian in section 3(8). (2) Membership \n(A) Appointment \nWithin 180 days of the date of enactment of this Act, the Secretary shall appoint the members of the Commission in accordance with subclause (B). Any vacancy on the Commission shall not affect its powers and shall be filled in the same manner as the original appointment. (B) Requirements \nThe members of the Commission shall be Native Hawaiian, as defined in section 3(8), and shall have expertise in the determination of Native Hawaiian ancestry and lineal descendancy. (3) Expenses \nEach member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I 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 Commission. (4) Duties \nThe Commission shall— (A) prepare and maintain a roll of the adult members of the Native Hawaiian community who elect to participate in the reorganization of the Native Hawaiian governing entity; and (B) certify that each of the adult members of the Native Hawaiian community proposed for inclusion on the roll meet the definition of Native Hawaiian in section 3(8). (5) Staff \n(A) In general \nThe Commission may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as are necessary to enable the Commission to perform the duties of the Commission. (B) Compensation \n(i) In general \nExcept as provided in clause (ii), the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates. (ii) Maximum rate of pay \nThe rate of pay for the executive director and other personnel shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. (6) Detail of Federal Government employees \n(A) In general \nAn employee of the Federal Government may be detailed to the Commission without reimbursement. (B) Civil service status \nThe detail of the employee shall be without interruption or loss of civil service status or privilege. (7) Procurement of temporary and intermittent services \nThe Commission may procure temporary and intermittent services in accordance with section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. (8) Expiration \nThe Secretary shall dissolve the Commission upon the reaffirmation of the political and legal relationship between the Native Hawaiian governing entity and the United States.",
"id": "H793B64D93D5C476293CB7BD29D31D500",
"header": "Commission",
"nested": [],
"links": [
{
"text": "chapter 57",
"legal-doc": "usc-chapter",
"parsable-cite": "usc-chapter/5/57"
},
{
"text": "chapter 53",
"legal-doc": "usc-chapter",
"parsable-cite": "usc-chapter/5/53"
},
{
"text": "section 5316",
"legal-doc": "usc",
"parsable-cite": "usc/5/5316"
},
{
"text": "section 3109(b)",
"legal-doc": "usc",
"parsable-cite": "usc/5/3109"
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},
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"text": "(c) Process for the reorganization of the Native Hawaiian Governing Entity \n(1) Roll \n(A) Contents \nThe roll shall include the names of the adult members of the Native Hawaiian community who elect to participate in the reorganization of the Native Hawaiian governing entity and are certified to be Native Hawaiian as defined in section 3(8) by the Commission. (B) Formation of roll \nEach adult member of the Native Hawaiian community who elects to participate in the reorganization of the Native Hawaiian governing entity shall submit to the Commission documentation in the form established by the Commission that is sufficient to enable the Commission to determine whether the individual meets the definition of Native Hawaiian in section 3(8). (C) Documentation \nThe Commission shall— (i) identify the types of documentation that may be submitted to the Commission that would enable the Commission to determine whether an individual meets the definition of Native Hawaiian in section 3(8); (ii) establish a standard format for the submission of documentation; and (iii) publish information related to subclauses (i) and (ii) in the Federal Register; (D) Consultation \nIn making determinations that each of the adult members of the Native Hawaiian community proposed for inclusion on the roll meets the definition of Native Hawaiian in section 3(8), the Commission may consult with Native Hawaiian organizations, agencies of the State of Hawaii including but not limited to the Department of Hawaiian Home Lands, the Office of Hawaiian Affairs, and the State Department of Health, and other entities with expertise and experience in the determination of Native Hawaiian ancestry and lineal descendancy. (E) Certification and submittal of roll to Secretary \nThe Commission shall— (i) submit the roll containing the names of the adult members of the Native Hawaiian community who meet the definition of Native Hawaiian in section 3(8) to the Secretary within two years from the date on which the Commission is fully composed; and (ii) certify to the Secretary that each of the adult members of the Native Hawaiian community proposed for inclusion on the roll meets the definition of Native Hawaiian in section 3(8). (F) Publication \nUpon certification by the Commission to the Secretary that those listed on the roll meet the definition of Native Hawaiian in section 3(8), the Secretary shall publish the roll in the Federal Register. (G) Appeal \nThe Secretary may establish a mechanism for an appeal for any person whose name is excluded from the roll who claims to meet the definition of Native Hawaiian in section 3(8) and to be 18 years of age or older. (H) Publication; update \nThe Secretary shall— (i) publish the roll regardless of whether appeals are pending; (ii) update the roll and the publication of the roll on the final disposition of any appeal; (iii) update the roll to include any Native Hawaiian who has attained the age of 18 and who has been certified by the Commission as meeting the definition of Native Hawaiian in section 3(8) after the initial publication of the roll or after any subsequent publications of the roll. (I) Failure to Act \nIf the Secretary fails to publish the roll, not later than 90 days after the date on which the roll is submitted to the Secretary, the Commission shall publish the roll notwithstanding any order or directive issued by the Secretary or any other official of the Department of the Interior to the contrary. (J) Effect of publication \nThe publication of the initial and updated roll shall serve as the basis for the eligibility of adult members of the Native Hawaiian community whose names are listed on those rolls to participate in the reorganization of the Native Hawaiian governing entity. (2) Organization of the Native Hawaiian Interim Governing Council \n(A) Organization \nThe adult members of the Native Hawaiian community listed on the roll published under this section may— (i) develop criteria for candidates to be elected to serve on the Native Hawaiian Interim Governing Council; (ii) determine the structure of the Council; and (iii) elect members from individuals listed on the roll published under this subsection to the Council. (B) Powers \n(i) In general \nThe Council— (I) may represent those listed on the roll published under this section in the implementation of this Act; and (II) shall have no powers other than powers given to the Council under this Act. (ii) Funding \nThe Council may enter into a contract with, or obtain a grant from, any Federal or State agency to carry out clause (iii). (iii) Activities \n(I) In general \nThe Council may conduct a referendum among the adult members of the Native Hawaiian community listed on the roll published under this subsection for the purpose of determining the proposed elements of the organic governing documents of the Native Hawaiian governing entity, including but not limited to— (aa) the proposed criteria for citizenship of the Native Hawaiian governing entity; (bb) the proposed powers and authorities to be exercised by the Native Hawaiian governing entity, as well as the proposed privileges and immunities of the Native Hawaiian governing entity; (cc) the proposed civil rights and protection of the rights of the citizens of the Native Hawaiian governing entity and all persons affected by the exercise of governmental powers and authorities of the Native Hawaiian governing entity; and (dd) other issues determined appropriate by the Council. (II) Development of organic governing documents \nBased on the referendum, the Council may develop proposed organic governing documents for the Native Hawaiian governing entity. (III) Distribution \nThe Council may distribute to all adult members of the Native Hawaiian community listed on the roll published under this subsection— (aa) a copy of the proposed organic governing documents, as drafted by the Council; and (bb) a brief impartial description of the proposed organic governing documents; (IV) Elections \nThe Council may hold elections for the purpose of ratifying the proposed organic governing documents, and on certification of the organic governing documents by the Secretary in accordance with paragraph (4), hold elections of the officers of the Native Hawaiian governing entity pursuant to paragraph (5). (3) Submittal of organic governing documents \nFollowing the reorganization of the Native Hawaiian governing entity and the adoption of organic governing documents, the Council shall submit the organic governing documents of the Native Hawaiian governing entity to the Secretary. (4) Certifications \n(A) In general \nWithin the context of the future negotiations to be conducted under the authority of section 8(b)(1), and the subsequent actions by the Congress and the State of Hawaii to enact legislation to implement the agreements of the three governments, not later than 90 days after the date on which the Council submits the organic governing documents to the Secretary, the Secretary shall certify that the organic governing documents— (i) establish the criteria for citizenship in the Native Hawaiian governing entity; (ii) were adopted by a majority vote of the adult members of the Native Hawaiian community whose names are listed on the roll published by the Secretary; (iii) provide authority for the Native Hawaiian governing entity to negotiate with Federal, State, and local governments, and other entities; (iv) provide for the exercise of governmental authorities by the Native Hawaiian governing entity, including any authorities that may be delegated to the Native Hawaiian governing entity by the United States and the State of Hawaii following negotiations authorized in section 8(b)(1) and the enactment of legislation to implement the agreements of the three governments; (v) prevent the sale, disposition, lease, or encumbrance of lands, interests in lands, or other assets of the Native Hawaiian governing entity without the consent of the Native Hawaiian governing entity; (vi) provide for the protection of the civil rights of the citizens of the Native Hawaiian governing entity and all persons affected by the exercise of governmental powers and authorities by the Native Hawaiian governing entity; and (vii) are consistent with applicable Federal law and the special political and legal relationship between the United States and the indigenous, native people of the United States; provided that the provisions of Public Law 103–454 , 25 U.S.C. 479a , shall not apply. (B) Resubmission in case of noncompliance with the requirements of subparagraph (a) \n(i) Resubmission by the Secretary \nIf the Secretary determines that the organic governing documents, or any part of the documents, do not meet all of the requirements set forth in subparagraph (A), the Secretary shall resubmit the organic governing documents to the Council, along with a justification for each of the Secretary’s findings as to why the provisions are not in full compliance. (ii) Amendment and resubmission of organic governing documents \nIf the organic governing documents are resubmitted to the Council by the Secretary under clause (i), the Council shall— (I) amend the organic governing documents to ensure that the documents meet all the requirements set forth in subparagraph (A); and (II) resubmit the amended organic governing documents to the Secretary for certification in accordance with this paragraph. (C) Certifications deemed made \nThe certifications under paragraph (4) shall be deemed to have been made if the Secretary has not acted within 90 days after the date on which the Council has submitted the organic governing documents of the Native Hawaiian governing entity to the Secretary. (5) Elections \nOn completion of the certifications by the Secretary under paragraph (4), the Council may hold elections of the officers of the Native Hawaiian governing entity. (6) Reaffirmation \nNotwithstanding any other provision of law, upon the certifications required under paragraph (4) and the election of the officers of the Native Hawaiian governing entity, the political and legal relationship between the United States and the Native Hawaiian governing entity is hereby reaffirmed and the United States extends Federal recognition to the Native Hawaiian governing entity as the representative governing body of the Native Hawaiian people.",
"id": "HFB70F413519E4BFE85D43371E1AD6680",
"header": "Process for the reorganization of the Native Hawaiian Governing Entity",
"nested": [],
"links": [
{
"text": "Public Law 103–454",
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"text": "25 U.S.C. 479a",
"legal-doc": "usc",
"parsable-cite": "usc/25/479a"
}
]
}
],
"links": [
{
"text": "chapter 57",
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"parsable-cite": "usc-chapter/5/57"
},
{
"text": "chapter 53",
"legal-doc": "usc-chapter",
"parsable-cite": "usc-chapter/5/53"
},
{
"text": "section 5316",
"legal-doc": "usc",
"parsable-cite": "usc/5/5316"
},
{
"text": "section 3109(b)",
"legal-doc": "usc",
"parsable-cite": "usc/5/3109"
},
{
"text": "Public Law 103–454",
"legal-doc": "public-law",
"parsable-cite": "pl/103/454"
},
{
"text": "25 U.S.C. 479a",
"legal-doc": "usc",
"parsable-cite": "usc/25/479a"
}
]
},
{
"text": "8. Reaffirmation of delegation of Federal authority; negotiations; claims \n(a) Reaffirmation \nThe delegation by the United States of authority to the State of Hawaii to address the conditions of the indigenous, native people of Hawaii contained in the Act entitled An Act to provide for the admission of the State of Hawaii into the Union approved March 18, 1959 ( Public Law 86–3 , 73 Stat. 5) is reaffirmed. (b) Negotiations \n(1) In general \nUpon the reaffirmation of the political and legal relationship between the United States and the Native Hawaiian governing entity, the United States and the State of Hawaii may enter into negotiations with the Native Hawaiian governing entity designed to lead to an agreement addressing such matters as— (A) the transfer of lands, natural resources, and other assets, and the protection of existing rights related to such lands or resources; (B) the exercise of governmental authority over any transferred lands, natural resources, and other assets, including land use; (C) the exercise of civil and criminal jurisdiction; (D) the delegation of governmental powers and authorities to the Native Hawaiian governing entity by the United States and the State of Hawaii; and (E) any residual responsibilities of the United States and the State of Hawaii. (2) Amendments to existing laws \nUpon agreement on any matter or matters negotiated with the United States, the State of Hawaii, and the Native Hawaiian governing entity, the parties shall submit— (A) to the Committee on Indian Affairs of the Senate, the Committee on Energy and Natural Resources of the Senate, and the Committee on Resources of the House of Representatives, recommendations for proposed amendments to Federal law that will enable the implementation of agreements reached between the three governments; and (B) to the Governor and the legislature of the State of Hawaii, recommendations for proposed amendments to State law that will enable the implementation of agreements reached between the three governments. (c) Claims \n(1) In general \nNothing in this Act serves as a settlement of any claim against the United States. (2) Statute of limitations \nAny claim against the United States arising under Federal law that— (A) is in existence on the date of enactment of this Act; (B) is asserted by the Native Hawaiian governing entity on behalf of the Native Hawaiian people; and (C) relates to the legal and political relationship between the United States and the Native Hawaiian people; shall be brought in the court of jurisdiction over such claims not later than 20 years after the date on which Federal recognition is extended to the Native Hawaiian governing entity under section 7(c)(6).",
"id": "HDB35D05F76AF436F8B03B80033AB6D54",
"header": "Reaffirmation of delegation of Federal authority; negotiations; claims",
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"text": "(a) Reaffirmation \nThe delegation by the United States of authority to the State of Hawaii to address the conditions of the indigenous, native people of Hawaii contained in the Act entitled An Act to provide for the admission of the State of Hawaii into the Union approved March 18, 1959 ( Public Law 86–3 , 73 Stat. 5) is reaffirmed.",
"id": "H35D81DB00D574B36B5166C4B9370E246",
"header": "Reaffirmation",
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"text": "Public Law 86–3",
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},
{
"text": "(b) Negotiations \n(1) In general \nUpon the reaffirmation of the political and legal relationship between the United States and the Native Hawaiian governing entity, the United States and the State of Hawaii may enter into negotiations with the Native Hawaiian governing entity designed to lead to an agreement addressing such matters as— (A) the transfer of lands, natural resources, and other assets, and the protection of existing rights related to such lands or resources; (B) the exercise of governmental authority over any transferred lands, natural resources, and other assets, including land use; (C) the exercise of civil and criminal jurisdiction; (D) the delegation of governmental powers and authorities to the Native Hawaiian governing entity by the United States and the State of Hawaii; and (E) any residual responsibilities of the United States and the State of Hawaii. (2) Amendments to existing laws \nUpon agreement on any matter or matters negotiated with the United States, the State of Hawaii, and the Native Hawaiian governing entity, the parties shall submit— (A) to the Committee on Indian Affairs of the Senate, the Committee on Energy and Natural Resources of the Senate, and the Committee on Resources of the House of Representatives, recommendations for proposed amendments to Federal law that will enable the implementation of agreements reached between the three governments; and (B) to the Governor and the legislature of the State of Hawaii, recommendations for proposed amendments to State law that will enable the implementation of agreements reached between the three governments.",
"id": "HBC84608C7E0247168BD7BBB8E39F7E05",
"header": "Negotiations",
"nested": [],
"links": []
},
{
"text": "(c) Claims \n(1) In general \nNothing in this Act serves as a settlement of any claim against the United States. (2) Statute of limitations \nAny claim against the United States arising under Federal law that— (A) is in existence on the date of enactment of this Act; (B) is asserted by the Native Hawaiian governing entity on behalf of the Native Hawaiian people; and (C) relates to the legal and political relationship between the United States and the Native Hawaiian people; shall be brought in the court of jurisdiction over such claims not later than 20 years after the date on which Federal recognition is extended to the Native Hawaiian governing entity under section 7(c)(6).",
"id": "H86185C446CDF41EEAED5B9E6DDFFEBA",
"header": "Claims",
"nested": [],
"links": []
}
],
"links": [
{
"text": "Public Law 86–3",
"legal-doc": "public-law",
"parsable-cite": "pl/86/3"
}
]
},
{
"text": "9. Applicability of certain Federal laws \n(a) Indian Gaming Regulatory Act \nNothing in this Act shall be construed to authorize the Native Hawaiian governing entity to conduct gaming activities under the authority of the Indian Gaming Regulatory Act ( 25 U.S.C. 2701 et seq. ). (b) Bureau of Indian Affairs \nNothing contained in this Act provides an authorization for eligibility to participate in any programs and services provided by the Bureau of Indian Affairs for any persons not otherwise eligible for the programs or services.",
"id": "HEFB788CF874A4F4A00DB65EDDA921F91",
"header": "Applicability of certain Federal laws",
"nested": [
{
"text": "(a) Indian Gaming Regulatory Act \nNothing in this Act shall be construed to authorize the Native Hawaiian governing entity to conduct gaming activities under the authority of the Indian Gaming Regulatory Act ( 25 U.S.C. 2701 et seq. ).",
"id": "HB8970194811B406D9E8DAEA71E55DEF4",
"header": "Indian Gaming Regulatory Act",
"nested": [],
"links": [
{
"text": "25 U.S.C. 2701 et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/25/2701"
}
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},
{
"text": "(b) Bureau of Indian Affairs \nNothing contained in this Act provides an authorization for eligibility to participate in any programs and services provided by the Bureau of Indian Affairs for any persons not otherwise eligible for the programs or services.",
"id": "H3D39E5C2F50D4003876DDD9FDEAEC09E",
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"nested": [],
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"text": "25 U.S.C. 2701 et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/25/2701"
}
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},
{
"text": "10. Severability \nIf any section or provision of this Act is held invalid, it is the intent of Congress that the remaining sections or provisions shall continue in full force and effect.",
"id": "HDB3A5169FDD24275B9299285DCA54204",
"header": "Severability",
"nested": [],
"links": []
},
{
"text": "11. Authorization of appropriations \nThere are authorized to be appropriated such sums as are necessary to carry out this Act.",
"id": "H5BB57C71F7FA4D5EA29D5D58C1FE09B6",
"header": "Authorization of appropriations",
"nested": [],
"links": []
}
] | 11 | 1. Short title
This Act may be cited as the. 2. Findings
Congress finds that— (1) the Constitution vests Congress with the authority to address the conditions of the indigenous, native people of the United States; (2) Native Hawaiians, the native people of the Hawaiian archipelago that is now part of the United States, are indigenous, native people of the United States; (3) the United States has a special political and legal responsibility to promote the welfare of the native people of the United States, including Native Hawaiians; (4) under the treaty making power of the United States, Congress exercised its constitutional authority to confirm treaties between the United States and the Kingdom of Hawaii, and from 1826 until 1893, the United States— (A) recognized the sovereignty of the Kingdom of Hawaii; (B) accorded full diplomatic recognition to the Kingdom of Hawaii; and (C) entered into treaties and conventions with the Kingdom of Hawaii to govern commerce and navigation in 1826, 1842, 1849, 1875, and 1887; (5) pursuant to the Hawaiian Homes Commission Act, 1920 (42 Stat. 108, chapter 42), the United States set aside approximately 203,500 acres of land to address the conditions of Native Hawaiians in the Federal territory that later became the State of Hawaii; (6) by setting aside 203,500 acres of land for Native Hawaiian homesteads and farms, the Hawaiian Homes Commission Act assists the members of the Native Hawaiian community in maintaining distinct native settlements throughout the State of Hawaii; (7) approximately 6,800 Native Hawaiian families reside on the Hawaiian Home Lands and approximately 18,000 Native Hawaiians who are eligible to reside on the Hawaiian Home Lands are on a waiting list to receive assignments of Hawaiian Home Lands; (8) (A) in 1959, as part of the compact with the United States admitting Hawaii into the Union, Congress established a public trust (commonly known as the ceded lands trust ), for 5 purposes, 1 of which is the betterment of the conditions of Native Hawaiians; (B) the public trust consists of lands, including submerged lands, natural resources, and the revenues derived from the lands; and (C) the assets of this public trust have never been completely inventoried or segregated; (9) Native Hawaiians have continuously sought access to the ceded lands in order to establish and maintain native settlements and distinct native communities throughout the State; (10) the Hawaiian Home Lands and other ceded lands provide an important foundation for the ability of the Native Hawaiian community to maintain the practice of Native Hawaiian culture, language, and traditions, and for the survival and economic self-sufficiency of the Native Hawaiian people; (11) Native Hawaiians continue to maintain other distinctly native areas in Hawaii; (12) on November 23, 1993, Public Law 103–150 (107 Stat. 1510) (commonly known as the Apology Resolution ) was enacted into law, extending an apology on behalf of the United States to the native people of Hawaii for the United States’ role in the overthrow of the Kingdom of Hawaii; (13) the Apology Resolution acknowledges that the overthrow of the Kingdom of Hawaii occurred with the active participation of agents and citizens of the United States and further acknowledges that the Native Hawaiian people never directly relinquished to the United States their claims to their inherent sovereignty as a people over their national lands, either through the Kingdom of Hawaii or through a plebiscite or referendum; (14) the Apology Resolution expresses the commitment of Congress and the President— (A) to acknowledge the ramifications of the overthrow of the Kingdom of Hawaii; (B) to support reconciliation efforts between the United States and Native Hawaiians; and (C) to consult with Native Hawaiians on the reconciliation process as called for in the Apology Resolution; (15) despite the overthrow of the government of the Kingdom of Hawaii, Native Hawaiians have continued to maintain their separate identity as a distinct native community through cultural, social, and political institutions, and to give expression to their rights as native people to self-determination, self-governance, and economic self-sufficiency; (16) Native Hawaiians have also given expression to their rights as native people to self-determination, self-governance, and economic self-sufficiency— (A) through the provision of governmental services to Native Hawaiians, including the provision of— (i) health care services; (ii) educational programs; (iii) employment and training programs; (iv) economic development assistance programs; (v) children’s services; (vi) conservation programs; (vii) fish and wildlife protection; (viii) agricultural programs; (ix) native language immersion programs; (x) native language immersion schools from kindergarten through high school; (xi) college and master’s degree programs in native language immersion instruction; (xii) traditional justice programs, and (B) by continuing their efforts to enhance Native Hawaiian self-determination and local control; (17) Native Hawaiians are actively engaged in Native Hawaiian cultural practices, traditional agricultural methods, fishing and subsistence practices, maintenance of cultural use areas and sacred sites, protection of burial sites, and the exercise of their traditional rights to gather medicinal plants and herbs, and food sources; (18) the Native Hawaiian people wish to preserve, develop, and transmit to future generations of Native Hawaiians their lands and Native Hawaiian political and cultural identity in accordance with their traditions, beliefs, customs and practices, language, and social and political institutions, to control and manage their own lands, including ceded lands, and to achieve greater self-determination over their own affairs; (19) this Act provides a process within the framework of Federal law for the Native Hawaiian people to exercise their inherent rights as a distinct, indigenous, native community to reorganize a Native Hawaiian governing entity for the purpose of giving expression to their rights as native people to self-determination and self-governance; (20) Congress— (A) has declared that the United States has a special responsibility for the welfare of the native peoples of the United States, including Native Hawaiians; (B) has identified Native Hawaiians as a distinct group of indigenous, native people of the United States within the scope of its authority under the Constitution, and has enacted scores of statutes on their behalf; and (C) has delegated broad authority to the State of Hawaii to administer some of the United States’ responsibilities as they relate to the Native Hawaiian people and their lands; (21) the United States has recognized and reaffirmed the special political and legal relationship with the Native Hawaiian people through the enactment of the Act entitled, An Act to provide for the admission of the State of Hawaii into the Union , approved March 18, 1959 ( Public Law 86–3 ; 73 Stat. 4), by— (A) ceding to the State of Hawaii title to the public lands formerly held by the United States, and mandating that those lands be held as a public trust for 5 purposes, 1 of which is for the betterment of the conditions of Native Hawaiians; and (B) transferring the United States’ responsibility for the administration of the Hawaiian Home Lands to the State of Hawaii, but retaining the authority to enforce the trust, including the exclusive right of the United States to consent to any actions affecting the lands that comprise the corpus of the trust and any amendments to the Hawaiian Homes Commission Act, 1920 (42 Stat. 108, chapter 42) that are enacted by the legislature of the State of Hawaii affecting the beneficiaries under the Act; (22) the United States has continually recognized and reaffirmed that— (A) Native Hawaiians have a cultural, historic, and land-based link to the aboriginal, indigenous, native people who exercised sovereignty over the Hawaiian Islands; (B) Native Hawaiians have never relinquished their claims to sovereignty or their sovereign lands; (C) the United States extends services to Native Hawaiians because of their unique status as the indigenous, native people of a once-sovereign nation with whom the United States has a political and legal relationship; and (D) the special trust relationship of American Indians, Alaska Natives, and Native Hawaiians to the United States arises out of their status as aboriginal, indigenous, native people of the United States; and (23) the State of Hawaii supports the reaffirmation of the political and legal relationship between the Native Hawaiian governing entity and the United States as evidenced by 2 unanimous resolutions enacted by the Hawaii State Legislature in the 2000 and 2001 sessions of the Legislature and by the testimony of the Governor of the State of Hawaii before the Committee on Indian Affairs of the Senate on February 25, 2003. 3. Definitions
In this Act: (1) Aboriginal, indigenous, native people
The term aboriginal, indigenous, native people means people whom Congress has recognized as the original inhabitants of the lands that later became part of the United States and who exercised sovereignty in the areas that later became part of the United States. (2) Adult member
The term adult member means a Native Hawaiian who has attained the age of 18 and who elects to participate in the reorganization of the Native Hawaiian governing entity. (3) Apology Resolution
The term Apology Resolution means Public Law 103–150 , (107 Stat. 1510), a Joint Resolution extending an apology to Native Hawaiians on behalf of the United States for the participation of agents of the United States in the January 17, 1893 overthrow of the Kingdom of Hawaii. (4) Commission
The term commission means the Commission established under section 7(b) to provide for the certification that those adult members of the Native Hawaiian community listed on the roll meet the definition of Native Hawaiian set forth in section 3(8). (5) Council
The term council means the Native Hawaiian Interim Governing Council established under section 7(c)(2). (6) Indigenous, native people
The term indigenous, native people means the lineal descendants of the aboriginal, indigenous, native people of the United States. (7) Interagency Coordinating Group
The term Interagency Coordinating Group means the Native Hawaiian Interagency Coordinating Group established under section 6. (8) Native Hawaiian
For the purpose of establishing the roll authorized under section 7(c)(1) and before the reaffirmation of the political and legal relationship between the United States and the Native Hawaiian governing entity, the term Native Hawaiian means— (A) an individual who is one of the indigenous, native people of Hawaii and who is a direct lineal descendant of the aboriginal, indigenous, native people who— (i) resided in the islands that now comprise the State of Hawaii on or before January 1, 1893; and (ii) occupied and exercised sovereignty in the Hawaiian archipelago, including the area that now constitutes the State of Hawaii; or (B) an individual who is one of the indigenous, native people of Hawaii and who was eligible in 1921 for the programs authorized by the Hawaiian Homes Commission Act (42 Stat. 108, chapter 42) or a direct lineal descendant of that individual. (9) Native Hawaiian Governing Entity
The term Native Hawaiian Governing Entity means the governing entity organized by the Native Hawaiian people pursuant to this Act. (10) Office
The term Office means the United States Office for Native Hawaiian Relations established under section 5(a). (11) Secretary
The term Secretary means the Secretary of the Department of the Interior. 4. United States policy and purpose
(a) Policy
The United States reaffirms that— (1) Native Hawaiians are a unique and distinct, indigenous, native people with whom the United States has a special political and legal relationship; (2) the United States has a special political and legal relationship with the Native Hawaiian people which includes promoting the welfare of Native Hawaiians; (3) Congress possesses the authority under the Constitution, including but not limited to Article I, section 8, clause 3, to enact legislation to address the conditions of Native Hawaiians and has exercised this authority through the enactment of— (A) the Hawaiian Homes Commission Act, 1920 (42 Stat. 108, chapter 42); (B) the Act entitled An Act to provide for the admission of the State of Hawaii into the Union , approved March 18, 1959 ( Public Law 86–3 , 73 Stat. 4); and (C) more than 150 other Federal laws addressing the conditions of Native Hawaiians; (4) Native Hawaiians have— (A) an inherent right to autonomy in their internal affairs; (B) an inherent right of self-determination and self-governance; (C) the right to reorganize a Native Hawaiian governing entity; and (D) the right to become economically self-sufficient; and (5) the United States shall continue to engage in a process of reconciliation and political relations with the Native Hawaiian people. (b) Purpose
The purpose of this Act is to provide a process for the reorganization of the Native Hawaiian governing entity and the reaffirmation of the political and legal relationship between the United States and the Native Hawaiian governing entity for purposes of continuing a government-to-government relationship. 5. United States Office for Native Hawaiian Relations
(a) Establishment
There is established within the Office of the Secretary of the United States Office for Native Hawaiian Relations. (b) Duties
The Office shall— (1) continue the process of reconciliation with the Native Hawaiian people in furtherance of the Apology Resolution; (2) upon the reaffirmation of the political and legal relationship between the Native Hawaiian governing entity and the United States, effectuate and coordinate the special political and legal relationship between the Native Hawaiian governing entity and the United States through the Secretary, and with all other Federal agencies; (3) fully integrate the principle and practice of meaningful, regular, and appropriate consultation with the Native Hawaiian governing entity by providing timely notice to, and consulting with, the Native Hawaiian people and the Native Hawaiian governing entity before taking any actions that may have the potential to significantly affect Native Hawaiian resources, rights, or lands; (4) consult with the Interagency Coordinating Group, other Federal agencies, the Governor of the State of Hawaii and relevant agencies of the State of Hawaii on policies, practices, and proposed actions affecting Native Hawaiian resources, rights, or lands; and (5) prepare and submit to the Committee on Indian Affairs and the Committee on Energy and Natural Resources of the Senate, the Committee on Resources of the House of Representatives, an annual report detailing the activities of the Interagency Coordinating Group that are undertaken with respect to the continuing process of reconciliation and to effect meaningful consultation with the Native Hawaiian governing entity and providing recommendations for any necessary changes to Federal law or regulations promulgated under the authority of Federal law. 6. Native Hawaiian Interagency Coordinating Group
(a) Establishment
In recognition that Federal programs authorized to address the conditions of Native Hawaiians are largely administered by Federal agencies other than the Department of the Interior, there is established an interagency coordinating group to be known as the Native Hawaiian Interagency Coordinating Group. (b) Composition
The Interagency Coordinating Group shall be composed of officials, to be designated by the President, from— (1) each Federal agency that administers Native Hawaiian programs, establishes or implements policies that affect Native Hawaiians, or whose actions may significantly or uniquely impact Native Hawaiian resources, rights, or lands; and (2) the Office. (c) Lead agency
(1) In general
The Department of the Interior shall serve as the lead agency of the Interagency Coordinating Group. (2) Meetings
The Secretary shall convene meetings of the Interagency Coordinating Group. (d) Duties
The Interagency Coordinating Group shall— (1) coordinate Federal programs and policies that affect Native Hawaiians or actions by any agency or agencies of the Federal Government that may significantly or uniquely affect Native Hawaiian resources, rights, or lands; (2) ensure that each Federal agency develops a policy on consultation with the Native Hawaiian people, and upon the reaffirmation of the political and legal relationship between the Native Hawaiian governing entity and the United States, consultation with the Native Hawaiian governing entity; and (3) ensure the participation of each Federal agency in the development of the report to Congress authorized in section 5(b)(5). 7. Process for the reorganization of the Native Hawaiian Governing Entity and the reaffirmation of the political and legal relationship between the United States and the Native Hawaiian Governing Entity
(a) Recognition of the Native Hawaiian Governing Entity
The right of the Native Hawaiian people to reorganize the Native Hawaiian governing entity to provide for their common welfare and to adopt appropriate organic governing documents is recognized by the United States. (b) Commission
(1) In general
There is authorized to be established a Commission to be composed of nine members for the purposes of— (A) preparing and maintaining a roll of the adult members of the Native Hawaiian community who elect to participate in the reorganization of the Native Hawaiian governing entity; and (B) certifying that the adult members of the Native Hawaiian community proposed for inclusion on the roll meet the definition of Native Hawaiian in section 3(8). (2) Membership
(A) Appointment
Within 180 days of the date of enactment of this Act, the Secretary shall appoint the members of the Commission in accordance with subclause (B). Any vacancy on the Commission shall not affect its powers and shall be filled in the same manner as the original appointment. (B) Requirements
The members of the Commission shall be Native Hawaiian, as defined in section 3(8), and shall have expertise in the determination of Native Hawaiian ancestry and lineal descendancy. (3) Expenses
Each member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I 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 Commission. (4) Duties
The Commission shall— (A) prepare and maintain a roll of the adult members of the Native Hawaiian community who elect to participate in the reorganization of the Native Hawaiian governing entity; and (B) certify that each of the adult members of the Native Hawaiian community proposed for inclusion on the roll meet the definition of Native Hawaiian in section 3(8). (5) Staff
(A) In general
The Commission may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as are necessary to enable the Commission to perform the duties of the Commission. (B) Compensation
(i) In general
Except as provided in clause (ii), the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates. (ii) Maximum rate of pay
The rate of pay for the executive director and other personnel shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. (6) Detail of Federal Government employees
(A) In general
An employee of the Federal Government may be detailed to the Commission without reimbursement. (B) Civil service status
The detail of the employee shall be without interruption or loss of civil service status or privilege. (7) Procurement of temporary and intermittent services
The Commission may procure temporary and intermittent services in accordance with section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. (8) Expiration
The Secretary shall dissolve the Commission upon the reaffirmation of the political and legal relationship between the Native Hawaiian governing entity and the United States. (c) Process for the reorganization of the Native Hawaiian Governing Entity
(1) Roll
(A) Contents
The roll shall include the names of the adult members of the Native Hawaiian community who elect to participate in the reorganization of the Native Hawaiian governing entity and are certified to be Native Hawaiian as defined in section 3(8) by the Commission. (B) Formation of roll
Each adult member of the Native Hawaiian community who elects to participate in the reorganization of the Native Hawaiian governing entity shall submit to the Commission documentation in the form established by the Commission that is sufficient to enable the Commission to determine whether the individual meets the definition of Native Hawaiian in section 3(8). (C) Documentation
The Commission shall— (i) identify the types of documentation that may be submitted to the Commission that would enable the Commission to determine whether an individual meets the definition of Native Hawaiian in section 3(8); (ii) establish a standard format for the submission of documentation; and (iii) publish information related to subclauses (i) and (ii) in the Federal Register; (D) Consultation
In making determinations that each of the adult members of the Native Hawaiian community proposed for inclusion on the roll meets the definition of Native Hawaiian in section 3(8), the Commission may consult with Native Hawaiian organizations, agencies of the State of Hawaii including but not limited to the Department of Hawaiian Home Lands, the Office of Hawaiian Affairs, and the State Department of Health, and other entities with expertise and experience in the determination of Native Hawaiian ancestry and lineal descendancy. (E) Certification and submittal of roll to Secretary
The Commission shall— (i) submit the roll containing the names of the adult members of the Native Hawaiian community who meet the definition of Native Hawaiian in section 3(8) to the Secretary within two years from the date on which the Commission is fully composed; and (ii) certify to the Secretary that each of the adult members of the Native Hawaiian community proposed for inclusion on the roll meets the definition of Native Hawaiian in section 3(8). (F) Publication
Upon certification by the Commission to the Secretary that those listed on the roll meet the definition of Native Hawaiian in section 3(8), the Secretary shall publish the roll in the Federal Register. (G) Appeal
The Secretary may establish a mechanism for an appeal for any person whose name is excluded from the roll who claims to meet the definition of Native Hawaiian in section 3(8) and to be 18 years of age or older. (H) Publication; update
The Secretary shall— (i) publish the roll regardless of whether appeals are pending; (ii) update the roll and the publication of the roll on the final disposition of any appeal; (iii) update the roll to include any Native Hawaiian who has attained the age of 18 and who has been certified by the Commission as meeting the definition of Native Hawaiian in section 3(8) after the initial publication of the roll or after any subsequent publications of the roll. (I) Failure to Act
If the Secretary fails to publish the roll, not later than 90 days after the date on which the roll is submitted to the Secretary, the Commission shall publish the roll notwithstanding any order or directive issued by the Secretary or any other official of the Department of the Interior to the contrary. (J) Effect of publication
The publication of the initial and updated roll shall serve as the basis for the eligibility of adult members of the Native Hawaiian community whose names are listed on those rolls to participate in the reorganization of the Native Hawaiian governing entity. (2) Organization of the Native Hawaiian Interim Governing Council
(A) Organization
The adult members of the Native Hawaiian community listed on the roll published under this section may— (i) develop criteria for candidates to be elected to serve on the Native Hawaiian Interim Governing Council; (ii) determine the structure of the Council; and (iii) elect members from individuals listed on the roll published under this subsection to the Council. (B) Powers
(i) In general
The Council— (I) may represent those listed on the roll published under this section in the implementation of this Act; and (II) shall have no powers other than powers given to the Council under this Act. (ii) Funding
The Council may enter into a contract with, or obtain a grant from, any Federal or State agency to carry out clause (iii). (iii) Activities
(I) In general
The Council may conduct a referendum among the adult members of the Native Hawaiian community listed on the roll published under this subsection for the purpose of determining the proposed elements of the organic governing documents of the Native Hawaiian governing entity, including but not limited to— (aa) the proposed criteria for citizenship of the Native Hawaiian governing entity; (bb) the proposed powers and authorities to be exercised by the Native Hawaiian governing entity, as well as the proposed privileges and immunities of the Native Hawaiian governing entity; (cc) the proposed civil rights and protection of the rights of the citizens of the Native Hawaiian governing entity and all persons affected by the exercise of governmental powers and authorities of the Native Hawaiian governing entity; and (dd) other issues determined appropriate by the Council. (II) Development of organic governing documents
Based on the referendum, the Council may develop proposed organic governing documents for the Native Hawaiian governing entity. (III) Distribution
The Council may distribute to all adult members of the Native Hawaiian community listed on the roll published under this subsection— (aa) a copy of the proposed organic governing documents, as drafted by the Council; and (bb) a brief impartial description of the proposed organic governing documents; (IV) Elections
The Council may hold elections for the purpose of ratifying the proposed organic governing documents, and on certification of the organic governing documents by the Secretary in accordance with paragraph (4), hold elections of the officers of the Native Hawaiian governing entity pursuant to paragraph (5). (3) Submittal of organic governing documents
Following the reorganization of the Native Hawaiian governing entity and the adoption of organic governing documents, the Council shall submit the organic governing documents of the Native Hawaiian governing entity to the Secretary. (4) Certifications
(A) In general
Within the context of the future negotiations to be conducted under the authority of section 8(b)(1), and the subsequent actions by the Congress and the State of Hawaii to enact legislation to implement the agreements of the three governments, not later than 90 days after the date on which the Council submits the organic governing documents to the Secretary, the Secretary shall certify that the organic governing documents— (i) establish the criteria for citizenship in the Native Hawaiian governing entity; (ii) were adopted by a majority vote of the adult members of the Native Hawaiian community whose names are listed on the roll published by the Secretary; (iii) provide authority for the Native Hawaiian governing entity to negotiate with Federal, State, and local governments, and other entities; (iv) provide for the exercise of governmental authorities by the Native Hawaiian governing entity, including any authorities that may be delegated to the Native Hawaiian governing entity by the United States and the State of Hawaii following negotiations authorized in section 8(b)(1) and the enactment of legislation to implement the agreements of the three governments; (v) prevent the sale, disposition, lease, or encumbrance of lands, interests in lands, or other assets of the Native Hawaiian governing entity without the consent of the Native Hawaiian governing entity; (vi) provide for the protection of the civil rights of the citizens of the Native Hawaiian governing entity and all persons affected by the exercise of governmental powers and authorities by the Native Hawaiian governing entity; and (vii) are consistent with applicable Federal law and the special political and legal relationship between the United States and the indigenous, native people of the United States; provided that the provisions of Public Law 103–454 , 25 U.S.C. 479a , shall not apply. (B) Resubmission in case of noncompliance with the requirements of subparagraph (a)
(i) Resubmission by the Secretary
If the Secretary determines that the organic governing documents, or any part of the documents, do not meet all of the requirements set forth in subparagraph (A), the Secretary shall resubmit the organic governing documents to the Council, along with a justification for each of the Secretary’s findings as to why the provisions are not in full compliance. (ii) Amendment and resubmission of organic governing documents
If the organic governing documents are resubmitted to the Council by the Secretary under clause (i), the Council shall— (I) amend the organic governing documents to ensure that the documents meet all the requirements set forth in subparagraph (A); and (II) resubmit the amended organic governing documents to the Secretary for certification in accordance with this paragraph. (C) Certifications deemed made
The certifications under paragraph (4) shall be deemed to have been made if the Secretary has not acted within 90 days after the date on which the Council has submitted the organic governing documents of the Native Hawaiian governing entity to the Secretary. (5) Elections
On completion of the certifications by the Secretary under paragraph (4), the Council may hold elections of the officers of the Native Hawaiian governing entity. (6) Reaffirmation
Notwithstanding any other provision of law, upon the certifications required under paragraph (4) and the election of the officers of the Native Hawaiian governing entity, the political and legal relationship between the United States and the Native Hawaiian governing entity is hereby reaffirmed and the United States extends Federal recognition to the Native Hawaiian governing entity as the representative governing body of the Native Hawaiian people. 8. Reaffirmation of delegation of Federal authority; negotiations; claims
(a) Reaffirmation
The delegation by the United States of authority to the State of Hawaii to address the conditions of the indigenous, native people of Hawaii contained in the Act entitled An Act to provide for the admission of the State of Hawaii into the Union approved March 18, 1959 ( Public Law 86–3 , 73 Stat. 5) is reaffirmed. (b) Negotiations
(1) In general
Upon the reaffirmation of the political and legal relationship between the United States and the Native Hawaiian governing entity, the United States and the State of Hawaii may enter into negotiations with the Native Hawaiian governing entity designed to lead to an agreement addressing such matters as— (A) the transfer of lands, natural resources, and other assets, and the protection of existing rights related to such lands or resources; (B) the exercise of governmental authority over any transferred lands, natural resources, and other assets, including land use; (C) the exercise of civil and criminal jurisdiction; (D) the delegation of governmental powers and authorities to the Native Hawaiian governing entity by the United States and the State of Hawaii; and (E) any residual responsibilities of the United States and the State of Hawaii. (2) Amendments to existing laws
Upon agreement on any matter or matters negotiated with the United States, the State of Hawaii, and the Native Hawaiian governing entity, the parties shall submit— (A) to the Committee on Indian Affairs of the Senate, the Committee on Energy and Natural Resources of the Senate, and the Committee on Resources of the House of Representatives, recommendations for proposed amendments to Federal law that will enable the implementation of agreements reached between the three governments; and (B) to the Governor and the legislature of the State of Hawaii, recommendations for proposed amendments to State law that will enable the implementation of agreements reached between the three governments. (c) Claims
(1) In general
Nothing in this Act serves as a settlement of any claim against the United States. (2) Statute of limitations
Any claim against the United States arising under Federal law that— (A) is in existence on the date of enactment of this Act; (B) is asserted by the Native Hawaiian governing entity on behalf of the Native Hawaiian people; and (C) relates to the legal and political relationship between the United States and the Native Hawaiian people; shall be brought in the court of jurisdiction over such claims not later than 20 years after the date on which Federal recognition is extended to the Native Hawaiian governing entity under section 7(c)(6). 9. Applicability of certain Federal laws
(a) Indian Gaming Regulatory Act
Nothing in this Act shall be construed to authorize the Native Hawaiian governing entity to conduct gaming activities under the authority of the Indian Gaming Regulatory Act ( 25 U.S.C. 2701 et seq. ). (b) Bureau of Indian Affairs
Nothing contained in this Act provides an authorization for eligibility to participate in any programs and services provided by the Bureau of Indian Affairs for any persons not otherwise eligible for the programs or services. 10. Severability
If any section or provision of this Act is held invalid, it is the intent of Congress that the remaining sections or provisions shall continue in full force and effect. 11. Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this Act. | 34,819 | [
"Natural Resources Committee"
] |
108hr4672ih | 108 | hr | 4,672 | ih | To amend part C of title XVIII of the Social Security Act to prohibit the comparative cost adjustment (CCA) program from operating in the State of Rhode Island. | [
{
"text": "1. Prohibition on operation of medicare comparative cost adjustment (CCA) program in Rhode Island \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 Rhode Island \nA CCA area shall not include an MSA any portion of which is within the State of Rhode Island.. (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 ( Public Law 108–173 ).",
"id": "H545D6369FD2940E3B20475123FCC281B",
"header": "Prohibition on operation of medicare comparative cost adjustment (CCA) program in Rhode Island",
"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 Rhode Island \nA CCA area shall not include an MSA any portion of which is within the State of Rhode Island..",
"id": "H5DB5C7E1D2824D4EB38C4FD2FA3157DA",
"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 ( Public Law 108–173 ).",
"id": "HA7FC7495458E4D09AE91E90E9CF8868",
"header": "Effective date",
"nested": [],
"links": [
{
"text": "Public Law 108–173",
"legal-doc": "public-law",
"parsable-cite": "pl/108/173"
}
]
}
],
"links": [
{
"text": "Public Law 108–173",
"legal-doc": "public-law",
"parsable-cite": "pl/108/173"
},
{
"text": "Public Law 108–173",
"legal-doc": "public-law",
"parsable-cite": "pl/108/173"
}
]
}
] | 1 | 1. Prohibition on operation of medicare comparative cost adjustment (CCA) program in Rhode Island
(a) In general
Section 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 Rhode Island
A CCA area shall not include an MSA any portion of which is within the State of Rhode Island.. (b) Effective date
The 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 ( Public Law 108–173 ). | 675 | [
"Ways and Means Committee",
"Energy and Commerce Committee"
] |
108hr3717ih | 108 | hr | 3,717 | ih | To increase the penalties for violations by television and radio broadcasters of the prohibitions against transmission of obscene, indecent, and profane language. | [
{
"text": "1. Short title \nThis Act may be cited as the of 2004.",
"id": "HF2650E5E4138487893E1E45CD6815FFD",
"header": "Short title",
"nested": [],
"links": []
},
{
"text": "2. Increase in penalties for obscene, indecent, and profane broadcasts \nSection 503(b)(2) of the Communications Act of 1934 ( 47 U.S.C. 503(b)(2) ) is amended— (1) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; (2) by inserting after subparagraph (B) the following new subparagraph: (C) Notwithstanding subparagraph (A), if the violator is (i) a broadcast station licensee or permittee, or (ii) an applicant for any broadcast license, permit, certificate, or other instrument or authorization issued by the Commission, and the violator is determined by the Commission under paragraph (1) to have broadcast obscene, indecent, or profane language, the amount of any forfeiture penalty determined under this section shall not exceed $275,000 for each violation or each day of a continuing violation, except that the amount assessed for any continuing violation shall not exceed a total of $3,000,000 for any single act or failure to act. ; and (3) in subparagraph (D), as redesignated by paragraph (1) , by striking subparagraph (A) or (B) and inserting subparagraph (A), (B), or (C).",
"id": "HEB9BBC5F70294DEF99A3D232773175BE",
"header": "Increase in penalties for obscene, indecent, and profane broadcasts",
"nested": [],
"links": [
{
"text": "47 U.S.C. 503(b)(2)",
"legal-doc": "usc",
"parsable-cite": "usc/47/503"
}
]
}
] | 2 | 1. Short title
This Act may be cited as the of 2004. 2. Increase in penalties for obscene, indecent, and profane broadcasts
Section 503(b)(2) of the Communications Act of 1934 ( 47 U.S.C. 503(b)(2) ) is amended— (1) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; (2) by inserting after subparagraph (B) the following new subparagraph: (C) Notwithstanding subparagraph (A), if the violator is (i) a broadcast station licensee or permittee, or (ii) an applicant for any broadcast license, permit, certificate, or other instrument or authorization issued by the Commission, and the violator is determined by the Commission under paragraph (1) to have broadcast obscene, indecent, or profane language, the amount of any forfeiture penalty determined under this section shall not exceed $275,000 for each violation or each day of a continuing violation, except that the amount assessed for any continuing violation shall not exceed a total of $3,000,000 for any single act or failure to act. ; and (3) in subparagraph (D), as redesignated by paragraph (1) , by striking subparagraph (A) or (B) and inserting subparagraph (A), (B), or (C). | 1,175 | [
"Energy and Commerce Committee"
] |
108hr4093ih | 108 | hr | 4,093 | ih | To amend the Public Health Service Act to establish a program of grants for the detection and control of colorectal cancer. | [
{
"text": "1. Short title \nThis Act may be cited as the.",
"id": "H02855484B7A341A2BFAAD3D91019A35E",
"header": "Short title",
"nested": [],
"links": []
},
{
"text": "2. Establishment of program of grants to States for detection and control of colorectal cancer \nThe Public Health Service Act ( 42 U.S.C. 201 et seq. ) is amended by inserting after title XXVIII the following new title: XXIX Preventive health measures with respect to colorectal cancers \n2901. Establishment of program of grants to States \n(a) In general \nThe Secretary, acting through the Director of the Centers for Disease Control and Prevention, may make grants to States on the basis of an established competitive review process for the purpose of carrying out programs— (1) to screen for colorectal cancer as a preventive health measure; (2) to provide appropriate referrals for medical treatment of individuals screened pursuant to paragraph (1) and to ensure, to the extent practicable, the provision of appropriate follow-up services; (3) to develop and disseminate public information and education programs for the detection and control of colorectal cancer; (4) to improve the education, training, and skills of health professionals (including allied health professionals) in the detection and control of colorectal cancer; (5) to establish mechanisms through which the States can monitor the quality of screening procedures for colorectal cancer, including the interpretation of such procedures; and (6) to evaluate activities conducted under paragraphs (1) through (5) through appropriate surveillance or program-monitoring activities. (b) Grant and contract authority of States \nA State receiving a grant under subsection (a) may expend the grant to carry out the purpose described in such subsection through grants to, and contracts with, public or nonprofit private entities. 2902. Requirement of matching funds \n(a) In general \nThe Secretary may not make a grant under section 2901 unless the State involved agrees, with respect to the costs to be incurred by the State in carrying out the purpose described in such section, to make available non-Federal contributions (in cash or in kind under subsection (b)) toward such costs in an amount that is not less than $1 for each $3 of Federal funds provided in the grant. Such contributions may be made directly or through donations from public or private entities. (b) Determination of amount of non-federal contribution \n(1) In general \nNon-Federal contributions required in subsection (a) may be in cash or in kind, fairly evaluated, including equipment or services (and excluding indirect or overhead costs). Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. (2) Maintenance of effort \nIn making a determination of the amount of non-Federal contributions for purposes of subsection (a), the Secretary may include only non-Federal contributions in excess of the average amount of non-Federal contributions made by the State involved toward the purpose described in section 2901 for the 2-year period preceding the first fiscal year for which the State is applying to receive a grant under such section. (3) Inclusion of relevant non-federal contributions for medicaid \nIn making a determination of the amount of non-Federal contributions for purposes of subsection (a), the Secretary shall, subject to paragraphs (1) and (2) of this subsection, include any non-Federal amounts expended pursuant to title XIX of the Social Security Act by the State involved toward the purpose described in paragraphs (1) and (2) of section 2901(a). 2903. Requirements with respect to type and quality of services \n(a) Requirement of provision of all services by date certain \nThe Secretary may not make a grant under section 2901 unless the State involved agrees— (1) to ensure that, initially and throughout the period during which amounts are received pursuant to the grant, not less than 60 percent of the grant is expended to provide each of the services or activities described in paragraphs (1) and (2) of section 2901(a), including making available screening procedures for colorectal cancer; (2) to ensure that, by the end of any second fiscal year of payments pursuant to the grant, each of the services or activities described in section 2901(a) is provided; and (3) to ensure that not more than 40 percent of the grant is expended to provide the services or activities described in paragraphs (3) through (6) of such section. (b) Quality assurance regarding screening for colorectal cancer \nThe Secretary may not make a grant under section 2901 unless the State involved— (1) assures the quality of any screening procedure for colorectal cancer conducted pursuant to such section; and (2) assures that, with respect to the first colorectal cancer screening performed on an individual for which payment is made pursuant to section 2901(a), there are satisfactory assurances that the results of the screening will be placed in permanent medical records maintained with respect to the individual. (c) Issuance by Secretary of guidelines with respect to quality of colorectal services \n(1) In general \nThe Secretary shall issue guidelines for assuring the quality of any colorectal screening procedure conducted pursuant to section 2901(a). (2) Applicability with respect to grants \nThe Secretary may not make a grant under section 2901 unless the State involved agrees that the State will, with respect to any colorectal screening procedure conducted pursuant to such section, ensure that the procedure is conducted in accordance with the guidelines issued by the Secretary under paragraph (1). 2904. Additional required agreements \n(a) Priority for low-income individuals \nThe Secretary may not make a grant under section 2901 unless the State involved agrees that low-income individuals will be given priority in the provision of services and activities pursuant to paragraphs (1) and (2) of section 2901(a). (b) Limitation on imposition of fees for services \nThe Secretary may not make a grant under section 2901 unless the State involved agrees that, if a charge is imposed for the provision of services or activities under the grant, such charge— (1) will be made according to a schedule of charges that is made available to the public; (2) will be adjusted to reflect the income of the individuals involved; and (3) will not be imposed on any individual with an income of less than 100 percent of the official poverty line, as established by the Director of the Office of Management and Budget and revised by the Secretary in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981. (c) Statewide provision of services \n(1) In general \nThe Secretary may not make a grant under section 2901 unless the State involved agrees that services and activities under the grant will be made available throughout the State, including availability to members of any Indian tribe or tribal organization (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act ). (2) Waiver \nThe Secretary may waive the requirement established in paragraph (1) for a State if the Secretary determines that compliance by the State with the requirement would result in an inefficient allocation of resources with respect to carrying out the purpose described in section 2901(a). (d) Relationship to items and services under other programs \nThe Secretary may not make a grant under section 2901 unless the State involved agrees that the grant will not be expended to make payment for any item or service to the extent that payment has been made, or can reasonably be expected to be made, with respect to such item or service— (1) under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or (2) by an entity that provides health services on a prepaid basis. (e) Coordination with other colorectal cancer programs \nThe Secretary may not make a grant under section 2901 unless the State involved agrees that the services and activities funded through the grant will be coordinated with other Federal, State, and local colorectal cancer programs. (f) Limitation on administrative expenses \nThe Secretary may not make a grant under section 2901 unless the State involved agrees that not more than 10 percent of the grant will be expended for administrative expenses with respect to the grant. (g) Restrictions on use of grant \nThe Secretary may not make a grant under section 2901 unless the State involved agrees that the grant will not be expended to provide inpatient hospital services (as that term is defined by the Secretary for purposes of this subsection). (h) Records and audits \nThe Secretary may not make a grant under section 2901 unless the State involved agrees that— (1) the State will establish such fiscal control and fund accounting procedures as may be necessary to ensure the proper disbursement of, and accounting for, amounts received by the State under such section; and (2) upon request, the State will provide records maintained pursuant to paragraph (1) to the Secretary or the Comptroller General of the United States for purposes of auditing the expenditures by the State of the grant. (i) Reports to Secretary \nThe Secretary may not make a grant under section 2901 unless the State involved agrees to submit to the Secretary such reports as the Secretary may require with respect to the grant. 2905. Description of intended uses of grant \nThe Secretary may not make a grant under section 2901 unless— (1) the State involved submits to the Secretary a description of the purposes for which the State intends to expend the grant; (2) the description identifies the populations, areas, and localities in the State with a need for the services or activities described in section 2901(a); (3) the description provides information relating to the services and activities to be provided, including a description of the manner in which the services and activities will be coordinated with any similar services or activities of public or nonprofit entities; and (4) the description provides assurances that the grant funds be used in the most cost-effective manner. 2906. Requirement of submission of application \nThe Secretary may not make a grant under section 2901 unless an application for the grant is submitted to the Secretary, the application contains the description of intended uses required in section 2905, and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this title. 2907. Technical assistance and provision of supplies and services in lieu of grant funds \n(a) Technical assistance \nThe Secretary may provide training and technical assistance with respect to the planning, development, and operation of any program or service carried out pursuant to section 2901. The Secretary may provide such technical assistance directly or through grants to, or contracts with, public and private entities. (b) Provision of supplies and services in lieu of grant funds \n(1) In general \nUpon the request of a State receiving a grant under section 2901, the Secretary may, subject to paragraph (2), provide supplies, equipment, and services for the purpose of aiding the State in carrying out such section and, for such purpose, may detail to the State any officer or employee of the Department of Health and Human Services. (2) Corresponding reduction in payments \nWith respect to a request described in paragraph (1), the Secretary shall reduce the amount of payments under the grant under section 2901 to the State involved by an amount equal to the costs of detailing personnel (including pay, allowances, and travel expenses) and the fair market value of any supplies, equipment, or services provided by the Secretary. The Secretary shall, for the payment of expenses incurred in complying with such request, expend the amounts withheld. 2908. Evaluations and reports \n(a) Evaluations \nThe Secretary shall, directly or through contracts with public or private entities, provide for annual evaluations of programs carried out pursuant to section 2901. (b) Report to congress \nThe Secretary shall, not later than 1 year after the date on which amounts are first appropriated to carry out section 2909(a), and annually thereafter, submit to the appropriate congressional committees a report summarizing evaluations carried out pursuant to subsection (a) during the preceding fiscal year and making such recommendations for administrative and legislative initiatives with respect to this title as the Secretary determines to be appropriate. 2909. Funding \n(a) Authorization of appropriations \nFor the purpose of carrying out this title, there is authorized to be appropriated $25,000,000 for each of the fiscal years 2005 through 2008. (b) Set-aside for technical assistance and provision of supplies and services \nOf the amounts appropriated under subsection (a) for a fiscal year, the Secretary shall reserve not more than 10 percent for carrying out section 2907..",
"id": "HCE2B98D007DC486EA1C932C12408E7C4",
"header": "Establishment of program of grants to States for detection and control of colorectal cancer",
"nested": [],
"links": [
{
"text": "42 U.S.C. 201 et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/42/201"
}
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},
{
"text": "2901. Establishment of program of grants to States \n(a) In general \nThe Secretary, acting through the Director of the Centers for Disease Control and Prevention, may make grants to States on the basis of an established competitive review process for the purpose of carrying out programs— (1) to screen for colorectal cancer as a preventive health measure; (2) to provide appropriate referrals for medical treatment of individuals screened pursuant to paragraph (1) and to ensure, to the extent practicable, the provision of appropriate follow-up services; (3) to develop and disseminate public information and education programs for the detection and control of colorectal cancer; (4) to improve the education, training, and skills of health professionals (including allied health professionals) in the detection and control of colorectal cancer; (5) to establish mechanisms through which the States can monitor the quality of screening procedures for colorectal cancer, including the interpretation of such procedures; and (6) to evaluate activities conducted under paragraphs (1) through (5) through appropriate surveillance or program-monitoring activities. (b) Grant and contract authority of States \nA State receiving a grant under subsection (a) may expend the grant to carry out the purpose described in such subsection through grants to, and contracts with, public or nonprofit private entities.",
"id": "H6B280C0E768E48CCA0D02007BBF39BA2",
"header": "Establishment of program of grants to States",
"nested": [
{
"text": "(a) In general \nThe Secretary, acting through the Director of the Centers for Disease Control and Prevention, may make grants to States on the basis of an established competitive review process for the purpose of carrying out programs— (1) to screen for colorectal cancer as a preventive health measure; (2) to provide appropriate referrals for medical treatment of individuals screened pursuant to paragraph (1) and to ensure, to the extent practicable, the provision of appropriate follow-up services; (3) to develop and disseminate public information and education programs for the detection and control of colorectal cancer; (4) to improve the education, training, and skills of health professionals (including allied health professionals) in the detection and control of colorectal cancer; (5) to establish mechanisms through which the States can monitor the quality of screening procedures for colorectal cancer, including the interpretation of such procedures; and (6) to evaluate activities conducted under paragraphs (1) through (5) through appropriate surveillance or program-monitoring activities.",
"id": "H4E1F174291E0487BA414CFD024839807",
"header": "In general",
"nested": [],
"links": []
},
{
"text": "(b) Grant and contract authority of States \nA State receiving a grant under subsection (a) may expend the grant to carry out the purpose described in such subsection through grants to, and contracts with, public or nonprofit private entities.",
"id": "H1861C24E4EC84BC28409D546A621C242",
"header": "Grant and contract authority of States",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "2902. Requirement of matching funds \n(a) In general \nThe Secretary may not make a grant under section 2901 unless the State involved agrees, with respect to the costs to be incurred by the State in carrying out the purpose described in such section, to make available non-Federal contributions (in cash or in kind under subsection (b)) toward such costs in an amount that is not less than $1 for each $3 of Federal funds provided in the grant. Such contributions may be made directly or through donations from public or private entities. (b) Determination of amount of non-federal contribution \n(1) In general \nNon-Federal contributions required in subsection (a) may be in cash or in kind, fairly evaluated, including equipment or services (and excluding indirect or overhead costs). Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. (2) Maintenance of effort \nIn making a determination of the amount of non-Federal contributions for purposes of subsection (a), the Secretary may include only non-Federal contributions in excess of the average amount of non-Federal contributions made by the State involved toward the purpose described in section 2901 for the 2-year period preceding the first fiscal year for which the State is applying to receive a grant under such section. (3) Inclusion of relevant non-federal contributions for medicaid \nIn making a determination of the amount of non-Federal contributions for purposes of subsection (a), the Secretary shall, subject to paragraphs (1) and (2) of this subsection, include any non-Federal amounts expended pursuant to title XIX of the Social Security Act by the State involved toward the purpose described in paragraphs (1) and (2) of section 2901(a).",
"id": "H0A753EA7806644CE96EEAEDF96C800",
"header": "Requirement of matching funds",
"nested": [
{
"text": "(a) In general \nThe Secretary may not make a grant under section 2901 unless the State involved agrees, with respect to the costs to be incurred by the State in carrying out the purpose described in such section, to make available non-Federal contributions (in cash or in kind under subsection (b)) toward such costs in an amount that is not less than $1 for each $3 of Federal funds provided in the grant. Such contributions may be made directly or through donations from public or private entities.",
"id": "H175FD623CEA44CC8BE7156A2467FCC90",
"header": "In general",
"nested": [],
"links": []
},
{
"text": "(b) Determination of amount of non-federal contribution \n(1) In general \nNon-Federal contributions required in subsection (a) may be in cash or in kind, fairly evaluated, including equipment or services (and excluding indirect or overhead costs). Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. (2) Maintenance of effort \nIn making a determination of the amount of non-Federal contributions for purposes of subsection (a), the Secretary may include only non-Federal contributions in excess of the average amount of non-Federal contributions made by the State involved toward the purpose described in section 2901 for the 2-year period preceding the first fiscal year for which the State is applying to receive a grant under such section. (3) Inclusion of relevant non-federal contributions for medicaid \nIn making a determination of the amount of non-Federal contributions for purposes of subsection (a), the Secretary shall, subject to paragraphs (1) and (2) of this subsection, include any non-Federal amounts expended pursuant to title XIX of the Social Security Act by the State involved toward the purpose described in paragraphs (1) and (2) of section 2901(a).",
"id": "H378E9B5862CE4B37A80051303F079B2E",
"header": "Determination of amount of non-federal contribution",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "2903. Requirements with respect to type and quality of services \n(a) Requirement of provision of all services by date certain \nThe Secretary may not make a grant under section 2901 unless the State involved agrees— (1) to ensure that, initially and throughout the period during which amounts are received pursuant to the grant, not less than 60 percent of the grant is expended to provide each of the services or activities described in paragraphs (1) and (2) of section 2901(a), including making available screening procedures for colorectal cancer; (2) to ensure that, by the end of any second fiscal year of payments pursuant to the grant, each of the services or activities described in section 2901(a) is provided; and (3) to ensure that not more than 40 percent of the grant is expended to provide the services or activities described in paragraphs (3) through (6) of such section. (b) Quality assurance regarding screening for colorectal cancer \nThe Secretary may not make a grant under section 2901 unless the State involved— (1) assures the quality of any screening procedure for colorectal cancer conducted pursuant to such section; and (2) assures that, with respect to the first colorectal cancer screening performed on an individual for which payment is made pursuant to section 2901(a), there are satisfactory assurances that the results of the screening will be placed in permanent medical records maintained with respect to the individual. (c) Issuance by Secretary of guidelines with respect to quality of colorectal services \n(1) In general \nThe Secretary shall issue guidelines for assuring the quality of any colorectal screening procedure conducted pursuant to section 2901(a). (2) Applicability with respect to grants \nThe Secretary may not make a grant under section 2901 unless the State involved agrees that the State will, with respect to any colorectal screening procedure conducted pursuant to such section, ensure that the procedure is conducted in accordance with the guidelines issued by the Secretary under paragraph (1).",
"id": "H16197AF928184AE4B6948764EFA90685",
"header": "Requirements with respect to type and quality of services",
"nested": [
{
"text": "(a) Requirement of provision of all services by date certain \nThe Secretary may not make a grant under section 2901 unless the State involved agrees— (1) to ensure that, initially and throughout the period during which amounts are received pursuant to the grant, not less than 60 percent of the grant is expended to provide each of the services or activities described in paragraphs (1) and (2) of section 2901(a), including making available screening procedures for colorectal cancer; (2) to ensure that, by the end of any second fiscal year of payments pursuant to the grant, each of the services or activities described in section 2901(a) is provided; and (3) to ensure that not more than 40 percent of the grant is expended to provide the services or activities described in paragraphs (3) through (6) of such section.",
"id": "HC347503B3AD540B294225212C0279427",
"header": "Requirement of provision of all services by date certain",
"nested": [],
"links": []
},
{
"text": "(b) Quality assurance regarding screening for colorectal cancer \nThe Secretary may not make a grant under section 2901 unless the State involved— (1) assures the quality of any screening procedure for colorectal cancer conducted pursuant to such section; and (2) assures that, with respect to the first colorectal cancer screening performed on an individual for which payment is made pursuant to section 2901(a), there are satisfactory assurances that the results of the screening will be placed in permanent medical records maintained with respect to the individual.",
"id": "H2D411156DFA94781BF9CA078CA8B3E82",
"header": "Quality assurance regarding screening for colorectal cancer",
"nested": [],
"links": []
},
{
"text": "(c) Issuance by Secretary of guidelines with respect to quality of colorectal services \n(1) In general \nThe Secretary shall issue guidelines for assuring the quality of any colorectal screening procedure conducted pursuant to section 2901(a). (2) Applicability with respect to grants \nThe Secretary may not make a grant under section 2901 unless the State involved agrees that the State will, with respect to any colorectal screening procedure conducted pursuant to such section, ensure that the procedure is conducted in accordance with the guidelines issued by the Secretary under paragraph (1).",
"id": "H271ADEEACFC74DFFBAC000BC76DC00AE",
"header": "Issuance by Secretary of guidelines with respect to quality of colorectal services",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "2904. Additional required agreements \n(a) Priority for low-income individuals \nThe Secretary may not make a grant under section 2901 unless the State involved agrees that low-income individuals will be given priority in the provision of services and activities pursuant to paragraphs (1) and (2) of section 2901(a). (b) Limitation on imposition of fees for services \nThe Secretary may not make a grant under section 2901 unless the State involved agrees that, if a charge is imposed for the provision of services or activities under the grant, such charge— (1) will be made according to a schedule of charges that is made available to the public; (2) will be adjusted to reflect the income of the individuals involved; and (3) will not be imposed on any individual with an income of less than 100 percent of the official poverty line, as established by the Director of the Office of Management and Budget and revised by the Secretary in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981. (c) Statewide provision of services \n(1) In general \nThe Secretary may not make a grant under section 2901 unless the State involved agrees that services and activities under the grant will be made available throughout the State, including availability to members of any Indian tribe or tribal organization (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act ). (2) Waiver \nThe Secretary may waive the requirement established in paragraph (1) for a State if the Secretary determines that compliance by the State with the requirement would result in an inefficient allocation of resources with respect to carrying out the purpose described in section 2901(a). (d) Relationship to items and services under other programs \nThe Secretary may not make a grant under section 2901 unless the State involved agrees that the grant will not be expended to make payment for any item or service to the extent that payment has been made, or can reasonably be expected to be made, with respect to such item or service— (1) under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or (2) by an entity that provides health services on a prepaid basis. (e) Coordination with other colorectal cancer programs \nThe Secretary may not make a grant under section 2901 unless the State involved agrees that the services and activities funded through the grant will be coordinated with other Federal, State, and local colorectal cancer programs. (f) Limitation on administrative expenses \nThe Secretary may not make a grant under section 2901 unless the State involved agrees that not more than 10 percent of the grant will be expended for administrative expenses with respect to the grant. (g) Restrictions on use of grant \nThe Secretary may not make a grant under section 2901 unless the State involved agrees that the grant will not be expended to provide inpatient hospital services (as that term is defined by the Secretary for purposes of this subsection). (h) Records and audits \nThe Secretary may not make a grant under section 2901 unless the State involved agrees that— (1) the State will establish such fiscal control and fund accounting procedures as may be necessary to ensure the proper disbursement of, and accounting for, amounts received by the State under such section; and (2) upon request, the State will provide records maintained pursuant to paragraph (1) to the Secretary or the Comptroller General of the United States for purposes of auditing the expenditures by the State of the grant. (i) Reports to Secretary \nThe Secretary may not make a grant under section 2901 unless the State involved agrees to submit to the Secretary such reports as the Secretary may require with respect to the grant.",
"id": "HC94C646F9F9640C4A6F0AD5E11576E47",
"header": "Additional required agreements",
"nested": [
{
"text": "(a) Priority for low-income individuals \nThe Secretary may not make a grant under section 2901 unless the State involved agrees that low-income individuals will be given priority in the provision of services and activities pursuant to paragraphs (1) and (2) of section 2901(a).",
"id": "H9C54D8918549491D8B3BD4E158D5BC10",
"header": "Priority for low-income individuals",
"nested": [],
"links": []
},
{
"text": "(b) Limitation on imposition of fees for services \nThe Secretary may not make a grant under section 2901 unless the State involved agrees that, if a charge is imposed for the provision of services or activities under the grant, such charge— (1) will be made according to a schedule of charges that is made available to the public; (2) will be adjusted to reflect the income of the individuals involved; and (3) will not be imposed on any individual with an income of less than 100 percent of the official poverty line, as established by the Director of the Office of Management and Budget and revised by the Secretary in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981.",
"id": "HC3C344DE142D4BB684BE200750002210",
"header": "Limitation on imposition of fees for services",
"nested": [],
"links": []
},
{
"text": "(c) Statewide provision of services \n(1) In general \nThe Secretary may not make a grant under section 2901 unless the State involved agrees that services and activities under the grant will be made available throughout the State, including availability to members of any Indian tribe or tribal organization (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act ). (2) Waiver \nThe Secretary may waive the requirement established in paragraph (1) for a State if the Secretary determines that compliance by the State with the requirement would result in an inefficient allocation of resources with respect to carrying out the purpose described in section 2901(a).",
"id": "H042B1ECB339D43F1AFDD4C484F006597",
"header": "Statewide provision of services",
"nested": [],
"links": []
},
{
"text": "(d) Relationship to items and services under other programs \nThe Secretary may not make a grant under section 2901 unless the State involved agrees that the grant will not be expended to make payment for any item or service to the extent that payment has been made, or can reasonably be expected to be made, with respect to such item or service— (1) under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or (2) by an entity that provides health services on a prepaid basis.",
"id": "HDBE7EA3230B543E9AEDA858132DC081C",
"header": "Relationship to items and services under other programs",
"nested": [],
"links": []
},
{
"text": "(e) Coordination with other colorectal cancer programs \nThe Secretary may not make a grant under section 2901 unless the State involved agrees that the services and activities funded through the grant will be coordinated with other Federal, State, and local colorectal cancer programs.",
"id": "H5C78A05AADB84E29AED8BA144F7F61CF",
"header": "Coordination with other colorectal cancer programs",
"nested": [],
"links": []
},
{
"text": "(f) Limitation on administrative expenses \nThe Secretary may not make a grant under section 2901 unless the State involved agrees that not more than 10 percent of the grant will be expended for administrative expenses with respect to the grant.",
"id": "HE732D42EFAF64A66B1B7622971A6363",
"header": "Limitation on administrative expenses",
"nested": [],
"links": []
},
{
"text": "(g) Restrictions on use of grant \nThe Secretary may not make a grant under section 2901 unless the State involved agrees that the grant will not be expended to provide inpatient hospital services (as that term is defined by the Secretary for purposes of this subsection).",
"id": "H4AD392FFA1A94577962D1EAD00C86FB4",
"header": "Restrictions on use of grant",
"nested": [],
"links": []
},
{
"text": "(h) Records and audits \nThe Secretary may not make a grant under section 2901 unless the State involved agrees that— (1) the State will establish such fiscal control and fund accounting procedures as may be necessary to ensure the proper disbursement of, and accounting for, amounts received by the State under such section; and (2) upon request, the State will provide records maintained pursuant to paragraph (1) to the Secretary or the Comptroller General of the United States for purposes of auditing the expenditures by the State of the grant.",
"id": "H69331BCA03AD436A9DC9EF3792CBAEBB",
"header": "Records and audits",
"nested": [],
"links": []
},
{
"text": "(i) Reports to Secretary \nThe Secretary may not make a grant under section 2901 unless the State involved agrees to submit to the Secretary such reports as the Secretary may require with respect to the grant.",
"id": "HC6CBD54D60C34B6F9334EC0073E566FC",
"header": "Reports to Secretary",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "2905. Description of intended uses of grant \nThe Secretary may not make a grant under section 2901 unless— (1) the State involved submits to the Secretary a description of the purposes for which the State intends to expend the grant; (2) the description identifies the populations, areas, and localities in the State with a need for the services or activities described in section 2901(a); (3) the description provides information relating to the services and activities to be provided, including a description of the manner in which the services and activities will be coordinated with any similar services or activities of public or nonprofit entities; and (4) the description provides assurances that the grant funds be used in the most cost-effective manner.",
"id": "HD9997B3C6A8B489B8C46E80087669974",
"header": "Description of intended uses of grant",
"nested": [],
"links": []
},
{
"text": "2906. Requirement of submission of application \nThe Secretary may not make a grant under section 2901 unless an application for the grant is submitted to the Secretary, the application contains the description of intended uses required in section 2905, and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this title.",
"id": "H96F7E4E00501492EB986DDC21C2F878C",
"header": "Requirement of submission of application",
"nested": [],
"links": []
},
{
"text": "2907. Technical assistance and provision of supplies and services in lieu of grant funds \n(a) Technical assistance \nThe Secretary may provide training and technical assistance with respect to the planning, development, and operation of any program or service carried out pursuant to section 2901. The Secretary may provide such technical assistance directly or through grants to, or contracts with, public and private entities. (b) Provision of supplies and services in lieu of grant funds \n(1) In general \nUpon the request of a State receiving a grant under section 2901, the Secretary may, subject to paragraph (2), provide supplies, equipment, and services for the purpose of aiding the State in carrying out such section and, for such purpose, may detail to the State any officer or employee of the Department of Health and Human Services. (2) Corresponding reduction in payments \nWith respect to a request described in paragraph (1), the Secretary shall reduce the amount of payments under the grant under section 2901 to the State involved by an amount equal to the costs of detailing personnel (including pay, allowances, and travel expenses) and the fair market value of any supplies, equipment, or services provided by the Secretary. The Secretary shall, for the payment of expenses incurred in complying with such request, expend the amounts withheld.",
"id": "H0C470F478FA04B13B66DA82BF5003E49",
"header": "Technical assistance and provision of supplies and services in lieu of grant funds",
"nested": [
{
"text": "(a) Technical assistance \nThe Secretary may provide training and technical assistance with respect to the planning, development, and operation of any program or service carried out pursuant to section 2901. The Secretary may provide such technical assistance directly or through grants to, or contracts with, public and private entities.",
"id": "H27394DF4EBC3440EABD22EE5847DB8ED",
"header": "Technical assistance",
"nested": [],
"links": []
},
{
"text": "(b) Provision of supplies and services in lieu of grant funds \n(1) In general \nUpon the request of a State receiving a grant under section 2901, the Secretary may, subject to paragraph (2), provide supplies, equipment, and services for the purpose of aiding the State in carrying out such section and, for such purpose, may detail to the State any officer or employee of the Department of Health and Human Services. (2) Corresponding reduction in payments \nWith respect to a request described in paragraph (1), the Secretary shall reduce the amount of payments under the grant under section 2901 to the State involved by an amount equal to the costs of detailing personnel (including pay, allowances, and travel expenses) and the fair market value of any supplies, equipment, or services provided by the Secretary. The Secretary shall, for the payment of expenses incurred in complying with such request, expend the amounts withheld.",
"id": "H77730634EF2C4A76ABC162074700D76C",
"header": "Provision of supplies and services in lieu of grant funds",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "2908. Evaluations and reports \n(a) Evaluations \nThe Secretary shall, directly or through contracts with public or private entities, provide for annual evaluations of programs carried out pursuant to section 2901. (b) Report to congress \nThe Secretary shall, not later than 1 year after the date on which amounts are first appropriated to carry out section 2909(a), and annually thereafter, submit to the appropriate congressional committees a report summarizing evaluations carried out pursuant to subsection (a) during the preceding fiscal year and making such recommendations for administrative and legislative initiatives with respect to this title as the Secretary determines to be appropriate.",
"id": "HB171B7BCFAF5465EA022B34179272850",
"header": "Evaluations and reports",
"nested": [
{
"text": "(a) Evaluations \nThe Secretary shall, directly or through contracts with public or private entities, provide for annual evaluations of programs carried out pursuant to section 2901.",
"id": "HD341222F18D3441F8051D4CF001419B4",
"header": "Evaluations",
"nested": [],
"links": []
},
{
"text": "(b) Report to congress \nThe Secretary shall, not later than 1 year after the date on which amounts are first appropriated to carry out section 2909(a), and annually thereafter, submit to the appropriate congressional committees a report summarizing evaluations carried out pursuant to subsection (a) during the preceding fiscal year and making such recommendations for administrative and legislative initiatives with respect to this title as the Secretary determines to be appropriate.",
"id": "H003F9851A8764CE89EFB8C197207DA2F",
"header": "Report to congress",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "2909. Funding \n(a) Authorization of appropriations \nFor the purpose of carrying out this title, there is authorized to be appropriated $25,000,000 for each of the fiscal years 2005 through 2008. (b) Set-aside for technical assistance and provision of supplies and services \nOf the amounts appropriated under subsection (a) for a fiscal year, the Secretary shall reserve not more than 10 percent for carrying out section 2907.",
"id": "H2FA7A025CC1D4AC183698F66CD7D5AD",
"header": "Funding",
"nested": [
{
"text": "(a) Authorization of appropriations \nFor the purpose of carrying out this title, there is authorized to be appropriated $25,000,000 for each of the fiscal years 2005 through 2008.",
"id": "HB8AD543481AA496397172C8486E55085",
"header": "Authorization of appropriations",
"nested": [],
"links": []
},
{
"text": "(b) Set-aside for technical assistance and provision of supplies and services \nOf the amounts appropriated under subsection (a) for a fiscal year, the Secretary shall reserve not more than 10 percent for carrying out section 2907.",
"id": "HE413D21D00CC4778A402FF5095DD696D",
"header": "Set-aside for technical assistance and provision of supplies and services",
"nested": [],
"links": []
}
],
"links": []
}
] | 11 | 1. Short title
This Act may be cited as the. 2. Establishment of program of grants to States for detection and control of colorectal cancer
The Public Health Service Act ( 42 U.S.C. 201 et seq. ) is amended by inserting after title XXVIII the following new title: XXIX Preventive health measures with respect to colorectal cancers
2901. Establishment of program of grants to States
(a) In general
The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may make grants to States on the basis of an established competitive review process for the purpose of carrying out programs— (1) to screen for colorectal cancer as a preventive health measure; (2) to provide appropriate referrals for medical treatment of individuals screened pursuant to paragraph (1) and to ensure, to the extent practicable, the provision of appropriate follow-up services; (3) to develop and disseminate public information and education programs for the detection and control of colorectal cancer; (4) to improve the education, training, and skills of health professionals (including allied health professionals) in the detection and control of colorectal cancer; (5) to establish mechanisms through which the States can monitor the quality of screening procedures for colorectal cancer, including the interpretation of such procedures; and (6) to evaluate activities conducted under paragraphs (1) through (5) through appropriate surveillance or program-monitoring activities. (b) Grant and contract authority of States
A State receiving a grant under subsection (a) may expend the grant to carry out the purpose described in such subsection through grants to, and contracts with, public or nonprofit private entities. 2902. Requirement of matching funds
(a) In general
The Secretary may not make a grant under section 2901 unless the State involved agrees, with respect to the costs to be incurred by the State in carrying out the purpose described in such section, to make available non-Federal contributions (in cash or in kind under subsection (b)) toward such costs in an amount that is not less than $1 for each $3 of Federal funds provided in the grant. Such contributions may be made directly or through donations from public or private entities. (b) Determination of amount of non-federal contribution
(1) In general
Non-Federal contributions required in subsection (a) may be in cash or in kind, fairly evaluated, including equipment or services (and excluding indirect or overhead costs). Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. (2) Maintenance of effort
In making a determination of the amount of non-Federal contributions for purposes of subsection (a), the Secretary may include only non-Federal contributions in excess of the average amount of non-Federal contributions made by the State involved toward the purpose described in section 2901 for the 2-year period preceding the first fiscal year for which the State is applying to receive a grant under such section. (3) Inclusion of relevant non-federal contributions for medicaid
In making a determination of the amount of non-Federal contributions for purposes of subsection (a), the Secretary shall, subject to paragraphs (1) and (2) of this subsection, include any non-Federal amounts expended pursuant to title XIX of the Social Security Act by the State involved toward the purpose described in paragraphs (1) and (2) of section 2901(a). 2903. Requirements with respect to type and quality of services
(a) Requirement of provision of all services by date certain
The Secretary may not make a grant under section 2901 unless the State involved agrees— (1) to ensure that, initially and throughout the period during which amounts are received pursuant to the grant, not less than 60 percent of the grant is expended to provide each of the services or activities described in paragraphs (1) and (2) of section 2901(a), including making available screening procedures for colorectal cancer; (2) to ensure that, by the end of any second fiscal year of payments pursuant to the grant, each of the services or activities described in section 2901(a) is provided; and (3) to ensure that not more than 40 percent of the grant is expended to provide the services or activities described in paragraphs (3) through (6) of such section. (b) Quality assurance regarding screening for colorectal cancer
The Secretary may not make a grant under section 2901 unless the State involved— (1) assures the quality of any screening procedure for colorectal cancer conducted pursuant to such section; and (2) assures that, with respect to the first colorectal cancer screening performed on an individual for which payment is made pursuant to section 2901(a), there are satisfactory assurances that the results of the screening will be placed in permanent medical records maintained with respect to the individual. (c) Issuance by Secretary of guidelines with respect to quality of colorectal services
(1) In general
The Secretary shall issue guidelines for assuring the quality of any colorectal screening procedure conducted pursuant to section 2901(a). (2) Applicability with respect to grants
The Secretary may not make a grant under section 2901 unless the State involved agrees that the State will, with respect to any colorectal screening procedure conducted pursuant to such section, ensure that the procedure is conducted in accordance with the guidelines issued by the Secretary under paragraph (1). 2904. Additional required agreements
(a) Priority for low-income individuals
The Secretary may not make a grant under section 2901 unless the State involved agrees that low-income individuals will be given priority in the provision of services and activities pursuant to paragraphs (1) and (2) of section 2901(a). (b) Limitation on imposition of fees for services
The Secretary may not make a grant under section 2901 unless the State involved agrees that, if a charge is imposed for the provision of services or activities under the grant, such charge— (1) will be made according to a schedule of charges that is made available to the public; (2) will be adjusted to reflect the income of the individuals involved; and (3) will not be imposed on any individual with an income of less than 100 percent of the official poverty line, as established by the Director of the Office of Management and Budget and revised by the Secretary in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981. (c) Statewide provision of services
(1) In general
The Secretary may not make a grant under section 2901 unless the State involved agrees that services and activities under the grant will be made available throughout the State, including availability to members of any Indian tribe or tribal organization (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act ). (2) Waiver
The Secretary may waive the requirement established in paragraph (1) for a State if the Secretary determines that compliance by the State with the requirement would result in an inefficient allocation of resources with respect to carrying out the purpose described in section 2901(a). (d) Relationship to items and services under other programs
The Secretary may not make a grant under section 2901 unless the State involved agrees that the grant will not be expended to make payment for any item or service to the extent that payment has been made, or can reasonably be expected to be made, with respect to such item or service— (1) under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or (2) by an entity that provides health services on a prepaid basis. (e) Coordination with other colorectal cancer programs
The Secretary may not make a grant under section 2901 unless the State involved agrees that the services and activities funded through the grant will be coordinated with other Federal, State, and local colorectal cancer programs. (f) Limitation on administrative expenses
The Secretary may not make a grant under section 2901 unless the State involved agrees that not more than 10 percent of the grant will be expended for administrative expenses with respect to the grant. (g) Restrictions on use of grant
The Secretary may not make a grant under section 2901 unless the State involved agrees that the grant will not be expended to provide inpatient hospital services (as that term is defined by the Secretary for purposes of this subsection). (h) Records and audits
The Secretary may not make a grant under section 2901 unless the State involved agrees that— (1) the State will establish such fiscal control and fund accounting procedures as may be necessary to ensure the proper disbursement of, and accounting for, amounts received by the State under such section; and (2) upon request, the State will provide records maintained pursuant to paragraph (1) to the Secretary or the Comptroller General of the United States for purposes of auditing the expenditures by the State of the grant. (i) Reports to Secretary
The Secretary may not make a grant under section 2901 unless the State involved agrees to submit to the Secretary such reports as the Secretary may require with respect to the grant. 2905. Description of intended uses of grant
The Secretary may not make a grant under section 2901 unless— (1) the State involved submits to the Secretary a description of the purposes for which the State intends to expend the grant; (2) the description identifies the populations, areas, and localities in the State with a need for the services or activities described in section 2901(a); (3) the description provides information relating to the services and activities to be provided, including a description of the manner in which the services and activities will be coordinated with any similar services or activities of public or nonprofit entities; and (4) the description provides assurances that the grant funds be used in the most cost-effective manner. 2906. Requirement of submission of application
The Secretary may not make a grant under section 2901 unless an application for the grant is submitted to the Secretary, the application contains the description of intended uses required in section 2905, and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this title. 2907. Technical assistance and provision of supplies and services in lieu of grant funds
(a) Technical assistance
The Secretary may provide training and technical assistance with respect to the planning, development, and operation of any program or service carried out pursuant to section 2901. The Secretary may provide such technical assistance directly or through grants to, or contracts with, public and private entities. (b) Provision of supplies and services in lieu of grant funds
(1) In general
Upon the request of a State receiving a grant under section 2901, the Secretary may, subject to paragraph (2), provide supplies, equipment, and services for the purpose of aiding the State in carrying out such section and, for such purpose, may detail to the State any officer or employee of the Department of Health and Human Services. (2) Corresponding reduction in payments
With respect to a request described in paragraph (1), the Secretary shall reduce the amount of payments under the grant under section 2901 to the State involved by an amount equal to the costs of detailing personnel (including pay, allowances, and travel expenses) and the fair market value of any supplies, equipment, or services provided by the Secretary. The Secretary shall, for the payment of expenses incurred in complying with such request, expend the amounts withheld. 2908. Evaluations and reports
(a) Evaluations
The Secretary shall, directly or through contracts with public or private entities, provide for annual evaluations of programs carried out pursuant to section 2901. (b) Report to congress
The Secretary shall, not later than 1 year after the date on which amounts are first appropriated to carry out section 2909(a), and annually thereafter, submit to the appropriate congressional committees a report summarizing evaluations carried out pursuant to subsection (a) during the preceding fiscal year and making such recommendations for administrative and legislative initiatives with respect to this title as the Secretary determines to be appropriate. 2909. Funding
(a) Authorization of appropriations
For the purpose of carrying out this title, there is authorized to be appropriated $25,000,000 for each of the fiscal years 2005 through 2008. (b) Set-aside for technical assistance and provision of supplies and services
Of the amounts appropriated under subsection (a) for a fiscal year, the Secretary shall reserve not more than 10 percent for carrying out section 2907.. 2901. Establishment of program of grants to States
(a) In general
The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may make grants to States on the basis of an established competitive review process for the purpose of carrying out programs— (1) to screen for colorectal cancer as a preventive health measure; (2) to provide appropriate referrals for medical treatment of individuals screened pursuant to paragraph (1) and to ensure, to the extent practicable, the provision of appropriate follow-up services; (3) to develop and disseminate public information and education programs for the detection and control of colorectal cancer; (4) to improve the education, training, and skills of health professionals (including allied health professionals) in the detection and control of colorectal cancer; (5) to establish mechanisms through which the States can monitor the quality of screening procedures for colorectal cancer, including the interpretation of such procedures; and (6) to evaluate activities conducted under paragraphs (1) through (5) through appropriate surveillance or program-monitoring activities. (b) Grant and contract authority of States
A State receiving a grant under subsection (a) may expend the grant to carry out the purpose described in such subsection through grants to, and contracts with, public or nonprofit private entities. 2902. Requirement of matching funds
(a) In general
The Secretary may not make a grant under section 2901 unless the State involved agrees, with respect to the costs to be incurred by the State in carrying out the purpose described in such section, to make available non-Federal contributions (in cash or in kind under subsection (b)) toward such costs in an amount that is not less than $1 for each $3 of Federal funds provided in the grant. Such contributions may be made directly or through donations from public or private entities. (b) Determination of amount of non-federal contribution
(1) In general
Non-Federal contributions required in subsection (a) may be in cash or in kind, fairly evaluated, including equipment or services (and excluding indirect or overhead costs). Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. (2) Maintenance of effort
In making a determination of the amount of non-Federal contributions for purposes of subsection (a), the Secretary may include only non-Federal contributions in excess of the average amount of non-Federal contributions made by the State involved toward the purpose described in section 2901 for the 2-year period preceding the first fiscal year for which the State is applying to receive a grant under such section. (3) Inclusion of relevant non-federal contributions for medicaid
In making a determination of the amount of non-Federal contributions for purposes of subsection (a), the Secretary shall, subject to paragraphs (1) and (2) of this subsection, include any non-Federal amounts expended pursuant to title XIX of the Social Security Act by the State involved toward the purpose described in paragraphs (1) and (2) of section 2901(a). 2903. Requirements with respect to type and quality of services
(a) Requirement of provision of all services by date certain
The Secretary may not make a grant under section 2901 unless the State involved agrees— (1) to ensure that, initially and throughout the period during which amounts are received pursuant to the grant, not less than 60 percent of the grant is expended to provide each of the services or activities described in paragraphs (1) and (2) of section 2901(a), including making available screening procedures for colorectal cancer; (2) to ensure that, by the end of any second fiscal year of payments pursuant to the grant, each of the services or activities described in section 2901(a) is provided; and (3) to ensure that not more than 40 percent of the grant is expended to provide the services or activities described in paragraphs (3) through (6) of such section. (b) Quality assurance regarding screening for colorectal cancer
The Secretary may not make a grant under section 2901 unless the State involved— (1) assures the quality of any screening procedure for colorectal cancer conducted pursuant to such section; and (2) assures that, with respect to the first colorectal cancer screening performed on an individual for which payment is made pursuant to section 2901(a), there are satisfactory assurances that the results of the screening will be placed in permanent medical records maintained with respect to the individual. (c) Issuance by Secretary of guidelines with respect to quality of colorectal services
(1) In general
The Secretary shall issue guidelines for assuring the quality of any colorectal screening procedure conducted pursuant to section 2901(a). (2) Applicability with respect to grants
The Secretary may not make a grant under section 2901 unless the State involved agrees that the State will, with respect to any colorectal screening procedure conducted pursuant to such section, ensure that the procedure is conducted in accordance with the guidelines issued by the Secretary under paragraph (1). 2904. Additional required agreements
(a) Priority for low-income individuals
The Secretary may not make a grant under section 2901 unless the State involved agrees that low-income individuals will be given priority in the provision of services and activities pursuant to paragraphs (1) and (2) of section 2901(a). (b) Limitation on imposition of fees for services
The Secretary may not make a grant under section 2901 unless the State involved agrees that, if a charge is imposed for the provision of services or activities under the grant, such charge— (1) will be made according to a schedule of charges that is made available to the public; (2) will be adjusted to reflect the income of the individuals involved; and (3) will not be imposed on any individual with an income of less than 100 percent of the official poverty line, as established by the Director of the Office of Management and Budget and revised by the Secretary in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981. (c) Statewide provision of services
(1) In general
The Secretary may not make a grant under section 2901 unless the State involved agrees that services and activities under the grant will be made available throughout the State, including availability to members of any Indian tribe or tribal organization (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act ). (2) Waiver
The Secretary may waive the requirement established in paragraph (1) for a State if the Secretary determines that compliance by the State with the requirement would result in an inefficient allocation of resources with respect to carrying out the purpose described in section 2901(a). (d) Relationship to items and services under other programs
The Secretary may not make a grant under section 2901 unless the State involved agrees that the grant will not be expended to make payment for any item or service to the extent that payment has been made, or can reasonably be expected to be made, with respect to such item or service— (1) under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or (2) by an entity that provides health services on a prepaid basis. (e) Coordination with other colorectal cancer programs
The Secretary may not make a grant under section 2901 unless the State involved agrees that the services and activities funded through the grant will be coordinated with other Federal, State, and local colorectal cancer programs. (f) Limitation on administrative expenses
The Secretary may not make a grant under section 2901 unless the State involved agrees that not more than 10 percent of the grant will be expended for administrative expenses with respect to the grant. (g) Restrictions on use of grant
The Secretary may not make a grant under section 2901 unless the State involved agrees that the grant will not be expended to provide inpatient hospital services (as that term is defined by the Secretary for purposes of this subsection). (h) Records and audits
The Secretary may not make a grant under section 2901 unless the State involved agrees that— (1) the State will establish such fiscal control and fund accounting procedures as may be necessary to ensure the proper disbursement of, and accounting for, amounts received by the State under such section; and (2) upon request, the State will provide records maintained pursuant to paragraph (1) to the Secretary or the Comptroller General of the United States for purposes of auditing the expenditures by the State of the grant. (i) Reports to Secretary
The Secretary may not make a grant under section 2901 unless the State involved agrees to submit to the Secretary such reports as the Secretary may require with respect to the grant. 2905. Description of intended uses of grant
The Secretary may not make a grant under section 2901 unless— (1) the State involved submits to the Secretary a description of the purposes for which the State intends to expend the grant; (2) the description identifies the populations, areas, and localities in the State with a need for the services or activities described in section 2901(a); (3) the description provides information relating to the services and activities to be provided, including a description of the manner in which the services and activities will be coordinated with any similar services or activities of public or nonprofit entities; and (4) the description provides assurances that the grant funds be used in the most cost-effective manner. 2906. Requirement of submission of application
The Secretary may not make a grant under section 2901 unless an application for the grant is submitted to the Secretary, the application contains the description of intended uses required in section 2905, and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this title. 2907. Technical assistance and provision of supplies and services in lieu of grant funds
(a) Technical assistance
The Secretary may provide training and technical assistance with respect to the planning, development, and operation of any program or service carried out pursuant to section 2901. The Secretary may provide such technical assistance directly or through grants to, or contracts with, public and private entities. (b) Provision of supplies and services in lieu of grant funds
(1) In general
Upon the request of a State receiving a grant under section 2901, the Secretary may, subject to paragraph (2), provide supplies, equipment, and services for the purpose of aiding the State in carrying out such section and, for such purpose, may detail to the State any officer or employee of the Department of Health and Human Services. (2) Corresponding reduction in payments
With respect to a request described in paragraph (1), the Secretary shall reduce the amount of payments under the grant under section 2901 to the State involved by an amount equal to the costs of detailing personnel (including pay, allowances, and travel expenses) and the fair market value of any supplies, equipment, or services provided by the Secretary. The Secretary shall, for the payment of expenses incurred in complying with such request, expend the amounts withheld. 2908. Evaluations and reports
(a) Evaluations
The Secretary shall, directly or through contracts with public or private entities, provide for annual evaluations of programs carried out pursuant to section 2901. (b) Report to congress
The Secretary shall, not later than 1 year after the date on which amounts are first appropriated to carry out section 2909(a), and annually thereafter, submit to the appropriate congressional committees a report summarizing evaluations carried out pursuant to subsection (a) during the preceding fiscal year and making such recommendations for administrative and legislative initiatives with respect to this title as the Secretary determines to be appropriate. 2909. Funding
(a) Authorization of appropriations
For the purpose of carrying out this title, there is authorized to be appropriated $25,000,000 for each of the fiscal years 2005 through 2008. (b) Set-aside for technical assistance and provision of supplies and services
Of the amounts appropriated under subsection (a) for a fiscal year, the Secretary shall reserve not more than 10 percent for carrying out section 2907. | 26,028 | [
"Energy and Commerce Committee"
] |
108hr4930ih | 108 | hr | 4,930 | ih | To amend the Homeland Security Act of 2002 to enhance homeland security information sharing and analysis, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the Homeland Security Information Sharing and Analysis Enhancement Act of 2004.",
"id": "H622FAA994F424BDBBDC4917036B214D3",
"header": "Short title",
"nested": [],
"links": []
},
{
"text": "2. Information collection requirements and priorities \n(a) In general \nSection 102 of the Homeland Security Act of 2002 ( 6 U.S.C. 112 ) is amended— (1) by redesignating subsections (e), (f), and (g), as subsections (f), (g), and (h), respectively; and (2) by inserting after subsection (d) the following new subsection (e): (e) Participation in foreign collection requirements and Management processes \nThe Secretary shall be a member of any Federal Government interagency board, established by executive order or any other binding interagency directive, that is responsible for establishing foreign collection information requirements and priorities for estimative analysis.. (b) Homeland Security Information Requirements Board \n(1) In general \nTitle I of such Act ( 6 U.S.C. 111 et seq. ) is amended by adding at the end the following new section: 104. Homeland Security Information Requirements Board \n(a) Establishment of Board \nThere is established an interagency Homeland Security Information Requirements Board (hereinafter in this section referred to as the Information Requirements Board ). (b) Membership \nThe following officials are members of the Information Requirements Board: (1) The Secretary of Homeland Security, who shall serve as the chairman of the Information Requirements Board. (2) The Attorney General. (3) The Secretary of Commerce. (4) The Secretary of the Treasury. (5) The Secretary of Defense. (6) The Secretary of Energy. (7) The Secretary of State. (8) The Director of Central Intelligence. (9) The Director of the Federal Bureau of Investigation. (10) The Director of the Terrorist Threat Integration Center or any successor entity. (11) The Chief Privacy Officer of the Department of Homeland Security. (c) Functions \n(1) Oversight of homeland security requirements \nThe Information Requirements Board shall oversee the process for establishing homeland security requirements and collection management for all terrorism-related information and all other homeland security information (as defined in section 892(g)) collected within the United States. (2) Determination of collection priorities \nThe Information Requirements Board shall— (A) determine the domestic information collection requirements for information relevant to the homeland security mission; and (B) prioritize the collection and use of such information. (3) Coordination of collection requirements and Management activities \n(A) Coordination with counterpart agencies \nThe Chairman shall ensure that the Information Requirements Board carries out its activities in a manner that is fully coordinated with Board’s counterpart entities. (B) Participation of counterpart entities \nThe Chairman and the Director of Central Intelligence shall ensure that each counterpart entity— (i) has at least one representative on the Information Requirement Board and on every sub-component of the Board; and (ii) meets jointly with the Information Requirements Board (and, as appropriate, with any sub-component of the Board) as often as the Chairman and the Director of Central Intelligence determine appropriate. (C) Counterpart entity defined \nIn this section, the term counterpart entity means an entity of the Federal Government that is responsible for foreign intelligence collection requirements and management, including the Office of the Deputy Director of Central Intelligence for Community Management and senior collection managers of each of the agencies under the National Foreign Intelligence Program (as defined in section 3(6) of the National Security Act of 1947 ( 50 U.S.C. 401a(6) ). (d) Meetings \n(1) In general \nThe Information Requirements Board shall meet regularly at such times and places as its Chairman may direct. (2) Invited representatives \nThe chairman may invite representatives of Federal agencies not specified in subsection (b) to attend meetings of the Information Requirements Board.. (2) Clerical amendment \nThe table of contents of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 103 the following new item: Sec. 104. Homeland Security Information Requirements Board.",
"id": "H2216CDE5A2A145489D32ABFBD1E02833",
"header": "Information collection requirements and priorities",
"nested": [
{
"text": "(a) In general \nSection 102 of the Homeland Security Act of 2002 ( 6 U.S.C. 112 ) is amended— (1) by redesignating subsections (e), (f), and (g), as subsections (f), (g), and (h), respectively; and (2) by inserting after subsection (d) the following new subsection (e): (e) Participation in foreign collection requirements and Management processes \nThe Secretary shall be a member of any Federal Government interagency board, established by executive order or any other binding interagency directive, that is responsible for establishing foreign collection information requirements and priorities for estimative analysis..",
"id": "H201989028BA44259996500DAFB69FE",
"header": "In general",
"nested": [],
"links": [
{
"text": "6 U.S.C. 112",
"legal-doc": "usc",
"parsable-cite": "usc/6/112"
}
]
},
{
"text": "(b) Homeland Security Information Requirements Board \n(1) In general \nTitle I of such Act ( 6 U.S.C. 111 et seq. ) is amended by adding at the end the following new section: 104. Homeland Security Information Requirements Board \n(a) Establishment of Board \nThere is established an interagency Homeland Security Information Requirements Board (hereinafter in this section referred to as the Information Requirements Board ). (b) Membership \nThe following officials are members of the Information Requirements Board: (1) The Secretary of Homeland Security, who shall serve as the chairman of the Information Requirements Board. (2) The Attorney General. (3) The Secretary of Commerce. (4) The Secretary of the Treasury. (5) The Secretary of Defense. (6) The Secretary of Energy. (7) The Secretary of State. (8) The Director of Central Intelligence. (9) The Director of the Federal Bureau of Investigation. (10) The Director of the Terrorist Threat Integration Center or any successor entity. (11) The Chief Privacy Officer of the Department of Homeland Security. (c) Functions \n(1) Oversight of homeland security requirements \nThe Information Requirements Board shall oversee the process for establishing homeland security requirements and collection management for all terrorism-related information and all other homeland security information (as defined in section 892(g)) collected within the United States. (2) Determination of collection priorities \nThe Information Requirements Board shall— (A) determine the domestic information collection requirements for information relevant to the homeland security mission; and (B) prioritize the collection and use of such information. (3) Coordination of collection requirements and Management activities \n(A) Coordination with counterpart agencies \nThe Chairman shall ensure that the Information Requirements Board carries out its activities in a manner that is fully coordinated with Board’s counterpart entities. (B) Participation of counterpart entities \nThe Chairman and the Director of Central Intelligence shall ensure that each counterpart entity— (i) has at least one representative on the Information Requirement Board and on every sub-component of the Board; and (ii) meets jointly with the Information Requirements Board (and, as appropriate, with any sub-component of the Board) as often as the Chairman and the Director of Central Intelligence determine appropriate. (C) Counterpart entity defined \nIn this section, the term counterpart entity means an entity of the Federal Government that is responsible for foreign intelligence collection requirements and management, including the Office of the Deputy Director of Central Intelligence for Community Management and senior collection managers of each of the agencies under the National Foreign Intelligence Program (as defined in section 3(6) of the National Security Act of 1947 ( 50 U.S.C. 401a(6) ). (d) Meetings \n(1) In general \nThe Information Requirements Board shall meet regularly at such times and places as its Chairman may direct. (2) Invited representatives \nThe chairman may invite representatives of Federal agencies not specified in subsection (b) to attend meetings of the Information Requirements Board.. (2) Clerical amendment \nThe table of contents of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 103 the following new item: Sec. 104. Homeland Security Information Requirements Board.",
"id": "H617F94309DF64C04851DF340549C00EF",
"header": "Homeland Security Information Requirements Board",
"nested": [],
"links": [
{
"text": "6 U.S.C. 111 et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/6/111"
},
{
"text": "50 U.S.C. 401a(6)",
"legal-doc": "usc",
"parsable-cite": "usc/50/401a"
}
]
}
],
"links": [
{
"text": "6 U.S.C. 112",
"legal-doc": "usc",
"parsable-cite": "usc/6/112"
},
{
"text": "6 U.S.C. 111 et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/6/111"
},
{
"text": "50 U.S.C. 401a(6)",
"legal-doc": "usc",
"parsable-cite": "usc/50/401a"
}
]
},
{
"text": "104. Homeland Security Information Requirements Board \n(a) Establishment of Board \nThere is established an interagency Homeland Security Information Requirements Board (hereinafter in this section referred to as the Information Requirements Board ). (b) Membership \nThe following officials are members of the Information Requirements Board: (1) The Secretary of Homeland Security, who shall serve as the chairman of the Information Requirements Board. (2) The Attorney General. (3) The Secretary of Commerce. (4) The Secretary of the Treasury. (5) The Secretary of Defense. (6) The Secretary of Energy. (7) The Secretary of State. (8) The Director of Central Intelligence. (9) The Director of the Federal Bureau of Investigation. (10) The Director of the Terrorist Threat Integration Center or any successor entity. (11) The Chief Privacy Officer of the Department of Homeland Security. (c) Functions \n(1) Oversight of homeland security requirements \nThe Information Requirements Board shall oversee the process for establishing homeland security requirements and collection management for all terrorism-related information and all other homeland security information (as defined in section 892(g)) collected within the United States. (2) Determination of collection priorities \nThe Information Requirements Board shall— (A) determine the domestic information collection requirements for information relevant to the homeland security mission; and (B) prioritize the collection and use of such information. (3) Coordination of collection requirements and Management activities \n(A) Coordination with counterpart agencies \nThe Chairman shall ensure that the Information Requirements Board carries out its activities in a manner that is fully coordinated with Board’s counterpart entities. (B) Participation of counterpart entities \nThe Chairman and the Director of Central Intelligence shall ensure that each counterpart entity— (i) has at least one representative on the Information Requirement Board and on every sub-component of the Board; and (ii) meets jointly with the Information Requirements Board (and, as appropriate, with any sub-component of the Board) as often as the Chairman and the Director of Central Intelligence determine appropriate. (C) Counterpart entity defined \nIn this section, the term counterpart entity means an entity of the Federal Government that is responsible for foreign intelligence collection requirements and management, including the Office of the Deputy Director of Central Intelligence for Community Management and senior collection managers of each of the agencies under the National Foreign Intelligence Program (as defined in section 3(6) of the National Security Act of 1947 ( 50 U.S.C. 401a(6) ). (d) Meetings \n(1) In general \nThe Information Requirements Board shall meet regularly at such times and places as its Chairman may direct. (2) Invited representatives \nThe chairman may invite representatives of Federal agencies not specified in subsection (b) to attend meetings of the Information Requirements Board.",
"id": "H7E55F64510404A6993C099AD396DC0C0",
"header": "Homeland Security Information Requirements Board",
"nested": [
{
"text": "(a) Establishment of Board \nThere is established an interagency Homeland Security Information Requirements Board (hereinafter in this section referred to as the Information Requirements Board ).",
"id": "H16E4B9C383C7436992C03278CE2E2222",
"header": "Establishment of Board",
"nested": [],
"links": []
},
{
"text": "(b) Membership \nThe following officials are members of the Information Requirements Board: (1) The Secretary of Homeland Security, who shall serve as the chairman of the Information Requirements Board. (2) The Attorney General. (3) The Secretary of Commerce. (4) The Secretary of the Treasury. (5) The Secretary of Defense. (6) The Secretary of Energy. (7) The Secretary of State. (8) The Director of Central Intelligence. (9) The Director of the Federal Bureau of Investigation. (10) The Director of the Terrorist Threat Integration Center or any successor entity. (11) The Chief Privacy Officer of the Department of Homeland Security.",
"id": "HE9D6A53C815F44628EE3DD03D01DD800",
"header": "Membership",
"nested": [],
"links": []
},
{
"text": "(c) Functions \n(1) Oversight of homeland security requirements \nThe Information Requirements Board shall oversee the process for establishing homeland security requirements and collection management for all terrorism-related information and all other homeland security information (as defined in section 892(g)) collected within the United States. (2) Determination of collection priorities \nThe Information Requirements Board shall— (A) determine the domestic information collection requirements for information relevant to the homeland security mission; and (B) prioritize the collection and use of such information. (3) Coordination of collection requirements and Management activities \n(A) Coordination with counterpart agencies \nThe Chairman shall ensure that the Information Requirements Board carries out its activities in a manner that is fully coordinated with Board’s counterpart entities. (B) Participation of counterpart entities \nThe Chairman and the Director of Central Intelligence shall ensure that each counterpart entity— (i) has at least one representative on the Information Requirement Board and on every sub-component of the Board; and (ii) meets jointly with the Information Requirements Board (and, as appropriate, with any sub-component of the Board) as often as the Chairman and the Director of Central Intelligence determine appropriate. (C) Counterpart entity defined \nIn this section, the term counterpart entity means an entity of the Federal Government that is responsible for foreign intelligence collection requirements and management, including the Office of the Deputy Director of Central Intelligence for Community Management and senior collection managers of each of the agencies under the National Foreign Intelligence Program (as defined in section 3(6) of the National Security Act of 1947 ( 50 U.S.C. 401a(6) ).",
"id": "H3F6E54019E7A422FADDCAD12E0F32316",
"header": "Functions",
"nested": [],
"links": [
{
"text": "50 U.S.C. 401a(6)",
"legal-doc": "usc",
"parsable-cite": "usc/50/401a"
}
]
},
{
"text": "(d) Meetings \n(1) In general \nThe Information Requirements Board shall meet regularly at such times and places as its Chairman may direct. (2) Invited representatives \nThe chairman may invite representatives of Federal agencies not specified in subsection (b) to attend meetings of the Information Requirements Board.",
"id": "HE9A381B600E540A299E3DBF52BA44543",
"header": "Meetings",
"nested": [],
"links": []
}
],
"links": [
{
"text": "50 U.S.C. 401a(6)",
"legal-doc": "usc",
"parsable-cite": "usc/50/401a"
}
]
},
{
"text": "3. Access to information \n(a) Improvements to secure communications and information technology infrastructure \nParagraph (14) of section 201(d) of the Homeland Security Act of 2002 ( 6 U.S.C. 121(d) ) is amended by striking in furtherance of the responsibilities under this section, and to disseminate information acquired and analyzed by the Department, as appropriate and inserting with maximum flexibility and speed, in furtherance of the responsibilities under this section, and to ensure the simultaneous dissemination of such data and information to all appropriate personnel. (b) Improvement in access to information by Department personnel \nSubsection (a) of section 202 of such Act ( 6 U.S.C. 122 ) is amended by adding at the end the following new paragraph: (3) Utilization \nSubject to the requirements of section 201(d)(12), the Secretary may provide access to any of the information and materials described in this subsection to any personnel of the Department that the Secretary determines requires such access to discharge duties assigned to such personnel.. (c) Establishment of procedures for automatic and immediate transfer of information to the Department \nSubsection (b) of such section is amended— (1) by striking and at the end of paragraph (1); (2) by striking the period at the end of paragraph (2) and inserting ; and ; and (3) by adding at the end the following new paragraph: (3) the Secretary, in consultation with the appropriate Federal Government officials, shall identify and put into place systems, protocols, and procedures to ensure that appropriate personnel of the Department are provided access to such information automatically and immediately.. (d) Effect of provision of information to the Terrorist Threat Integration Center \nSubsection (d) of such section is amended by adding at the end the following new paragraph: (3) Obligation to share information \nExcept as otherwise directed by the President or with the specific written agreement of the Secretary, no Federal agency or official shall be deemed to have discharged any obligation to share any information, report, assessment, or other material, including unevaluated intelligence information, with the Department solely by virtue of having provided that information, report, assessment, or other material to the Terrorist Threat Integration Center or to any entity that succeeds to any of the functions of the Terrorist Threat Integration Center..",
"id": "HCA3A03638C324C9BA3F6110A505C3C6",
"header": "Access to information",
"nested": [
{
"text": "(a) Improvements to secure communications and information technology infrastructure \nParagraph (14) of section 201(d) of the Homeland Security Act of 2002 ( 6 U.S.C. 121(d) ) is amended by striking in furtherance of the responsibilities under this section, and to disseminate information acquired and analyzed by the Department, as appropriate and inserting with maximum flexibility and speed, in furtherance of the responsibilities under this section, and to ensure the simultaneous dissemination of such data and information to all appropriate personnel.",
"id": "HD7E1979366EE43B5AE3DDBD91935962D",
"header": "Improvements to secure communications and information technology infrastructure",
"nested": [],
"links": [
{
"text": "6 U.S.C. 121(d)",
"legal-doc": "usc",
"parsable-cite": "usc/6/121"
}
]
},
{
"text": "(b) Improvement in access to information by Department personnel \nSubsection (a) of section 202 of such Act ( 6 U.S.C. 122 ) is amended by adding at the end the following new paragraph: (3) Utilization \nSubject to the requirements of section 201(d)(12), the Secretary may provide access to any of the information and materials described in this subsection to any personnel of the Department that the Secretary determines requires such access to discharge duties assigned to such personnel..",
"id": "HA8305769331545518956A19BE75358A4",
"header": "Improvement in access to information by Department personnel",
"nested": [],
"links": [
{
"text": "6 U.S.C. 122",
"legal-doc": "usc",
"parsable-cite": "usc/6/122"
}
]
},
{
"text": "(c) Establishment of procedures for automatic and immediate transfer of information to the Department \nSubsection (b) of such section is amended— (1) by striking and at the end of paragraph (1); (2) by striking the period at the end of paragraph (2) and inserting ; and ; and (3) by adding at the end the following new paragraph: (3) the Secretary, in consultation with the appropriate Federal Government officials, shall identify and put into place systems, protocols, and procedures to ensure that appropriate personnel of the Department are provided access to such information automatically and immediately..",
"id": "HF8F4DB9F8D9542E1B51F034F644DCC12",
"header": "Establishment of procedures for automatic and immediate transfer of information to the Department",
"nested": [],
"links": []
},
{
"text": "(d) Effect of provision of information to the Terrorist Threat Integration Center \nSubsection (d) of such section is amended by adding at the end the following new paragraph: (3) Obligation to share information \nExcept as otherwise directed by the President or with the specific written agreement of the Secretary, no Federal agency or official shall be deemed to have discharged any obligation to share any information, report, assessment, or other material, including unevaluated intelligence information, with the Department solely by virtue of having provided that information, report, assessment, or other material to the Terrorist Threat Integration Center or to any entity that succeeds to any of the functions of the Terrorist Threat Integration Center..",
"id": "H7DDD70776F5B4C3393C5C93F28D81F38",
"header": "Effect of provision of information to the Terrorist Threat Integration Center",
"nested": [],
"links": []
}
],
"links": [
{
"text": "6 U.S.C. 121(d)",
"legal-doc": "usc",
"parsable-cite": "usc/6/121"
},
{
"text": "6 U.S.C. 122",
"legal-doc": "usc",
"parsable-cite": "usc/6/122"
}
]
},
{
"text": "4. Homeland Security Advisory System \n(a) Coordination of advisories \nSection 201(d)(7) of the Homeland Security Act of 2002 ( 6 U.S.C. 121(d)(7) ) is amended— (1) by striking and after the semicolon at the end of subparagraph (A); (2) by striking the period at the end of subparagraph (B) and inserting ; and ; and (3) by adding at the end the following: (C) except as otherwise directed by the President, coordinating the issuance of homeland security advisories, warnings, and advice from other Federal agencies to State and local government agencies and authorities, the private sector, other entities, and the public.. (b) Use of Homeland Security Advisory System \n(1) In general \nSubtitle A of title II of the Homeland Security Act of 2002 ( 6 U.S.C. 121 et seq. ) is amended by adding at the end the following: 203. Use of Homeland Security Advisory System \n(a) Public advisories \nIf the Secretary concludes that credible information indicates a potential terrorist threat to the United States that is not or cannot, on the basis of the information available, be limited to one or more States, regions, localities, facilities, sites, elements of the population, critical infrastructure sectors, or public or private sector activities or events, the Secretary shall, as appropriate— (1) use the Homeland Security Advisory System administered under section 201(d)(7) to inform the public of the existence and nature of the threat and to convey information about the risk it poses to the population and territory of the United States; (2) provide specific unclassified warning information and advice about appropriate protective measures and countermeasures pursuant to section 201(d)(7)(B), to State and local government agencies and authorities, the private sector, other entities, and the public; and (3) provide specific classified warning information and advice about appropriate protective measures and countermeasures pursuant to section 201(d)(7)(B) to State and local government officials and individuals in the private sector, who— (A) have the appropriate security clearance; and (B) in the Secretary’s judgment, need to have access to such information and advice in order to discharge their homeland security-related functions. (b) Limited advisories \nIf the Secretary concludes that credible information indicates a potential terrorist threat to one or more particular States, regions, localities, facilities, sites, elements of the population, critical infrastructure sectors, public or private sector activities or events, or any combination of the foregoing, the Secretary— (1) shall, as appropriate, inform officials of the affected entities and provide specific warning information and advice about protective measures and countermeasures to those officials pursuant to section 201(d)(7)(B); and (2) may, in the Secretary’s discretion, issue a public advisory relating to such threat.. (2) Clerical amendment \nThe table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 202 the following: Sec. 203. Use of Homeland Security Advisory System.",
"id": "H5D76B45F301F4FBB8410D344001BD05B",
"header": "Homeland Security Advisory System",
"nested": [
{
"text": "(a) Coordination of advisories \nSection 201(d)(7) of the Homeland Security Act of 2002 ( 6 U.S.C. 121(d)(7) ) is amended— (1) by striking and after the semicolon at the end of subparagraph (A); (2) by striking the period at the end of subparagraph (B) and inserting ; and ; and (3) by adding at the end the following: (C) except as otherwise directed by the President, coordinating the issuance of homeland security advisories, warnings, and advice from other Federal agencies to State and local government agencies and authorities, the private sector, other entities, and the public..",
"id": "H636BE7FFC4E1434FACF92BD5EDB0417",
"header": "Coordination of advisories",
"nested": [],
"links": [
{
"text": "6 U.S.C. 121(d)(7)",
"legal-doc": "usc",
"parsable-cite": "usc/6/121"
}
]
},
{
"text": "(b) Use of Homeland Security Advisory System \n(1) In general \nSubtitle A of title II of the Homeland Security Act of 2002 ( 6 U.S.C. 121 et seq. ) is amended by adding at the end the following: 203. Use of Homeland Security Advisory System \n(a) Public advisories \nIf the Secretary concludes that credible information indicates a potential terrorist threat to the United States that is not or cannot, on the basis of the information available, be limited to one or more States, regions, localities, facilities, sites, elements of the population, critical infrastructure sectors, or public or private sector activities or events, the Secretary shall, as appropriate— (1) use the Homeland Security Advisory System administered under section 201(d)(7) to inform the public of the existence and nature of the threat and to convey information about the risk it poses to the population and territory of the United States; (2) provide specific unclassified warning information and advice about appropriate protective measures and countermeasures pursuant to section 201(d)(7)(B), to State and local government agencies and authorities, the private sector, other entities, and the public; and (3) provide specific classified warning information and advice about appropriate protective measures and countermeasures pursuant to section 201(d)(7)(B) to State and local government officials and individuals in the private sector, who— (A) have the appropriate security clearance; and (B) in the Secretary’s judgment, need to have access to such information and advice in order to discharge their homeland security-related functions. (b) Limited advisories \nIf the Secretary concludes that credible information indicates a potential terrorist threat to one or more particular States, regions, localities, facilities, sites, elements of the population, critical infrastructure sectors, public or private sector activities or events, or any combination of the foregoing, the Secretary— (1) shall, as appropriate, inform officials of the affected entities and provide specific warning information and advice about protective measures and countermeasures to those officials pursuant to section 201(d)(7)(B); and (2) may, in the Secretary’s discretion, issue a public advisory relating to such threat.. (2) Clerical amendment \nThe table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 202 the following: Sec. 203. Use of Homeland Security Advisory System.",
"id": "H41EFBFCF22984A688200DDB54881D600",
"header": "Use of Homeland Security Advisory System",
"nested": [],
"links": [
{
"text": "6 U.S.C. 121 et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/6/121"
}
]
}
],
"links": [
{
"text": "6 U.S.C. 121(d)(7)",
"legal-doc": "usc",
"parsable-cite": "usc/6/121"
},
{
"text": "6 U.S.C. 121 et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/6/121"
}
]
},
{
"text": "203. Use of Homeland Security Advisory System \n(a) Public advisories \nIf the Secretary concludes that credible information indicates a potential terrorist threat to the United States that is not or cannot, on the basis of the information available, be limited to one or more States, regions, localities, facilities, sites, elements of the population, critical infrastructure sectors, or public or private sector activities or events, the Secretary shall, as appropriate— (1) use the Homeland Security Advisory System administered under section 201(d)(7) to inform the public of the existence and nature of the threat and to convey information about the risk it poses to the population and territory of the United States; (2) provide specific unclassified warning information and advice about appropriate protective measures and countermeasures pursuant to section 201(d)(7)(B), to State and local government agencies and authorities, the private sector, other entities, and the public; and (3) provide specific classified warning information and advice about appropriate protective measures and countermeasures pursuant to section 201(d)(7)(B) to State and local government officials and individuals in the private sector, who— (A) have the appropriate security clearance; and (B) in the Secretary’s judgment, need to have access to such information and advice in order to discharge their homeland security-related functions. (b) Limited advisories \nIf the Secretary concludes that credible information indicates a potential terrorist threat to one or more particular States, regions, localities, facilities, sites, elements of the population, critical infrastructure sectors, public or private sector activities or events, or any combination of the foregoing, the Secretary— (1) shall, as appropriate, inform officials of the affected entities and provide specific warning information and advice about protective measures and countermeasures to those officials pursuant to section 201(d)(7)(B); and (2) may, in the Secretary’s discretion, issue a public advisory relating to such threat.",
"id": "H2E70BCFA9FD24B4AA8A1F28C35048200",
"header": "Use of Homeland Security Advisory System",
"nested": [
{
"text": "(a) Public advisories \nIf the Secretary concludes that credible information indicates a potential terrorist threat to the United States that is not or cannot, on the basis of the information available, be limited to one or more States, regions, localities, facilities, sites, elements of the population, critical infrastructure sectors, or public or private sector activities or events, the Secretary shall, as appropriate— (1) use the Homeland Security Advisory System administered under section 201(d)(7) to inform the public of the existence and nature of the threat and to convey information about the risk it poses to the population and territory of the United States; (2) provide specific unclassified warning information and advice about appropriate protective measures and countermeasures pursuant to section 201(d)(7)(B), to State and local government agencies and authorities, the private sector, other entities, and the public; and (3) provide specific classified warning information and advice about appropriate protective measures and countermeasures pursuant to section 201(d)(7)(B) to State and local government officials and individuals in the private sector, who— (A) have the appropriate security clearance; and (B) in the Secretary’s judgment, need to have access to such information and advice in order to discharge their homeland security-related functions.",
"id": "H96651EE0D83441909BA92C2ECA7523D7",
"header": "Public advisories",
"nested": [],
"links": []
},
{
"text": "(b) Limited advisories \nIf the Secretary concludes that credible information indicates a potential terrorist threat to one or more particular States, regions, localities, facilities, sites, elements of the population, critical infrastructure sectors, public or private sector activities or events, or any combination of the foregoing, the Secretary— (1) shall, as appropriate, inform officials of the affected entities and provide specific warning information and advice about protective measures and countermeasures to those officials pursuant to section 201(d)(7)(B); and (2) may, in the Secretary’s discretion, issue a public advisory relating to such threat.",
"id": "H5BBA136917A5441600CB8C8208EE00BA",
"header": "Limited advisories",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "5. Homeland security information sharing \n(a) Administration of the homeland security information network \nSection 201(d) of the Homeland Security Act of 2002 ( 6 U.S.C. 121(d) ) is amended by adding at the end the following new paragraph: (20) To administer the homeland security information network, including— (A) exercising primary responsibility for creating a secure nationwide real-time homeland security information sharing network for Federal, State, and local government agencies and authorities, the private sector, and other governmental and private entities involved in receiving, analyzing, and distributing information related to threats to homeland security; and (B) ensuring that the information sharing systems, developed in connection with the network created under subparagraph (A), utilize and are compatible with, to the greatest extent practicable, Federal, State, and local government and private sector antiterrorism systems and protocols that have been or are being developed.. (b) Coordination of dissemination of information to non-Federal entities \n(1) In general \nSection 892 of such Act ( 6 U.S.C. 482 ) is amended— (A) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and (B) by inserting after subsection (e) the following new subsection (f): (f) Requirement for coordination of dissemination of information to non-Federal entities \n(1) In general \nExcept as otherwise directed by the President or with the specific written agreement of the Secretary, no element of the intelligence community nor any department, agency, or other entity having Federal law enforcement responsibilities, nor any partnership or joint venture consisting wholly or in part of such entities, shall disseminate its analytic products or conclusions related to threats to homeland security to State, local, or private sector officials without the prior approval of the Secretary, except that the head of such an element, department, agency, or other entity may disseminate an analytic product or conclusion without the Secretary's approval— (A) when and to the extent that exigent circumstances require that a specific analytic product or conclusion be disseminated in order to prevent, preempt, or disrupt an imminent threat of death or serious bodily injury or significant damage to United States persons, infrastructure or other interests; or (B) when it is necessary to share an analytic product or conclusion with Federal, State, and local law enforcement officials relating to a law enforcement activity, if— (i) the Department is provided, as soon as feasible, notice of the potential of such a communication and is, to the extent practicable, included in the development of such communication through the Department's liaison at the headquarters of the Federal Bureau of Investigation; and (ii) the Secretary must approve any further dissemination of such analytic product or conclusion to non-law enforcement State and local officials, the private sector, or the public. (2) When an analytic product or conclusion is disseminated pursuant to paragraph (1)(A), the Secretary and the appropriate entities or officials in other United States Government agencies shall be notified immediately of that dissemination.. (2) Definition \nSubsection (g) of such section (as redesignated by paragraph (1)(A)) is amended by adding at the end the following new paragraph: (5) Analytic product or conclusion \nThe term analytic product or conclusion means any product of the analysis of one or more pieces of homeland security information in which inferences have been drawn from such information to arrive at a determination about a fact (including a potential threat) that was not explicit or apparent on the face of the information itself, but does not include mere summaries of homeland security information..",
"id": "H74AAEF2D035845D2923ED6EB0031BF7E",
"header": "Homeland security information sharing",
"nested": [
{
"text": "(a) Administration of the homeland security information network \nSection 201(d) of the Homeland Security Act of 2002 ( 6 U.S.C. 121(d) ) is amended by adding at the end the following new paragraph: (20) To administer the homeland security information network, including— (A) exercising primary responsibility for creating a secure nationwide real-time homeland security information sharing network for Federal, State, and local government agencies and authorities, the private sector, and other governmental and private entities involved in receiving, analyzing, and distributing information related to threats to homeland security; and (B) ensuring that the information sharing systems, developed in connection with the network created under subparagraph (A), utilize and are compatible with, to the greatest extent practicable, Federal, State, and local government and private sector antiterrorism systems and protocols that have been or are being developed..",
"id": "H365AA16AE5C141BE9467E01E6E731682",
"header": "Administration of the homeland security information network",
"nested": [],
"links": [
{
"text": "6 U.S.C. 121(d)",
"legal-doc": "usc",
"parsable-cite": "usc/6/121"
}
]
},
{
"text": "(b) Coordination of dissemination of information to non-Federal entities \n(1) In general \nSection 892 of such Act ( 6 U.S.C. 482 ) is amended— (A) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and (B) by inserting after subsection (e) the following new subsection (f): (f) Requirement for coordination of dissemination of information to non-Federal entities \n(1) In general \nExcept as otherwise directed by the President or with the specific written agreement of the Secretary, no element of the intelligence community nor any department, agency, or other entity having Federal law enforcement responsibilities, nor any partnership or joint venture consisting wholly or in part of such entities, shall disseminate its analytic products or conclusions related to threats to homeland security to State, local, or private sector officials without the prior approval of the Secretary, except that the head of such an element, department, agency, or other entity may disseminate an analytic product or conclusion without the Secretary's approval— (A) when and to the extent that exigent circumstances require that a specific analytic product or conclusion be disseminated in order to prevent, preempt, or disrupt an imminent threat of death or serious bodily injury or significant damage to United States persons, infrastructure or other interests; or (B) when it is necessary to share an analytic product or conclusion with Federal, State, and local law enforcement officials relating to a law enforcement activity, if— (i) the Department is provided, as soon as feasible, notice of the potential of such a communication and is, to the extent practicable, included in the development of such communication through the Department's liaison at the headquarters of the Federal Bureau of Investigation; and (ii) the Secretary must approve any further dissemination of such analytic product or conclusion to non-law enforcement State and local officials, the private sector, or the public. (2) When an analytic product or conclusion is disseminated pursuant to paragraph (1)(A), the Secretary and the appropriate entities or officials in other United States Government agencies shall be notified immediately of that dissemination.. (2) Definition \nSubsection (g) of such section (as redesignated by paragraph (1)(A)) is amended by adding at the end the following new paragraph: (5) Analytic product or conclusion \nThe term analytic product or conclusion means any product of the analysis of one or more pieces of homeland security information in which inferences have been drawn from such information to arrive at a determination about a fact (including a potential threat) that was not explicit or apparent on the face of the information itself, but does not include mere summaries of homeland security information..",
"id": "H23FC4B8DB719458C9FEDDF10C7006EC7",
"header": "Coordination of dissemination of information to non-Federal entities",
"nested": [],
"links": [
{
"text": "6 U.S.C. 482",
"legal-doc": "usc",
"parsable-cite": "usc/6/482"
}
]
}
],
"links": [
{
"text": "6 U.S.C. 121(d)",
"legal-doc": "usc",
"parsable-cite": "usc/6/121"
},
{
"text": "6 U.S.C. 482",
"legal-doc": "usc",
"parsable-cite": "usc/6/482"
}
]
},
{
"text": "6. IAIP personnel recruitment \n(a) In general \nChapter 97 of title 5, United States Code, is amended by adding after section 9701 the following: 9702. Recruitment bonuses \n(a) In general \nNotwithstanding any provision of chapter 57, the Secretary of Homeland Security, acting through the Under Secretary for Information Analysis and Infrastructure Protection, may pay a bonus to an individual in order to recruit such individual for a position that— (1) is within the Directorate for Information Analysis and Infrastructure Protection; and (2) would otherwise be difficult to fill in the absence of such a bonus. (b) Bonus amount \n(1) In general \nThe amount of a bonus under this section shall be determined under regulations of the Secretary of Homeland Security, but may not exceed 50 percent of the annual rate of basic pay of the position involved. (2) Form of payment \nA bonus under this section shall be paid in the form of a lump-sum payment and shall not be considered to be part of basic pay. (3) Computation rule \nFor purposes of paragraph (1), the annual rate of basic pay of a position does not include any comparability payment under section 5304 or any similar authority. (c) Service agreements \nPayment of a bonus under this section shall be contingent upon the employee entering into a written service agreement with the Department of Homeland Security. The agreement shall include— (1) the period of service the individual shall be required to complete in return for the bonus; and (2) the conditions under which the agreement may be terminated before the agreed-upon service period has been completed, and the effect of the termination. (d) Eligibility \nA bonus under this section may not be paid to recruit an individual for— (1) a position to which an individual is appointed by the President, by and with the advice and consent of the Senate; (2) a position in the Senior Executive Service as a noncareer appointee (as defined in section 3132(a)); or (3) a position which has been excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character. (e) Termination \nThe authority to pay bonuses under this section shall terminate on September 30, 2007. 9703. Reemployed annuitants \n(a) In general \nIf an annuitant receiving an annuity from the Civil Service Retirement and Disability Fund becomes employed in a position within the Department of Homeland Security, the annuitant’s annuity shall continue. An annuitant so reemployed shall not be considered an employee for the purposes of chapter 83 or 84. (b) Applicability \nThis section shall apply— (1) during the 3-year period beginning on the date of the enactment of this section, to annuitants holding positions within the Directorate for Information Analysis and Infrastructure Protection; and (2) after the end of the 3-year period described in paragraph (1), to annuitants holding positions within such directorate or other parts of the Department of Homeland Security as the Secretary of Homeland Security may designate. (c) Definition \nFor purposes of this section, the term annuitant has the meaning given such term under section 8331 or 8401, whichever is appropriate. 9704. Regulations \nThe Secretary of Homeland Security, in consultation with the Director of the Office of Personnel Management, may prescribe any regulations necessary to carry out section 9702 or 9703.. (b) Clerical amendment \nThe analysis for chapter 97 of title 5, United States Code, is amended by adding after the item relating to section 9701 the following: 9702. Recruitment bonuses 9703. Reemployed annuitants 9704. Regulations.",
"id": "HE26EDCD2AEFF46E489537FBA7613AC4B",
"header": "IAIP personnel recruitment",
"nested": [
{
"text": "(a) In general \nChapter 97 of title 5, United States Code, is amended by adding after section 9701 the following: 9702. Recruitment bonuses \n(a) In general \nNotwithstanding any provision of chapter 57, the Secretary of Homeland Security, acting through the Under Secretary for Information Analysis and Infrastructure Protection, may pay a bonus to an individual in order to recruit such individual for a position that— (1) is within the Directorate for Information Analysis and Infrastructure Protection; and (2) would otherwise be difficult to fill in the absence of such a bonus. (b) Bonus amount \n(1) In general \nThe amount of a bonus under this section shall be determined under regulations of the Secretary of Homeland Security, but may not exceed 50 percent of the annual rate of basic pay of the position involved. (2) Form of payment \nA bonus under this section shall be paid in the form of a lump-sum payment and shall not be considered to be part of basic pay. (3) Computation rule \nFor purposes of paragraph (1), the annual rate of basic pay of a position does not include any comparability payment under section 5304 or any similar authority. (c) Service agreements \nPayment of a bonus under this section shall be contingent upon the employee entering into a written service agreement with the Department of Homeland Security. The agreement shall include— (1) the period of service the individual shall be required to complete in return for the bonus; and (2) the conditions under which the agreement may be terminated before the agreed-upon service period has been completed, and the effect of the termination. (d) Eligibility \nA bonus under this section may not be paid to recruit an individual for— (1) a position to which an individual is appointed by the President, by and with the advice and consent of the Senate; (2) a position in the Senior Executive Service as a noncareer appointee (as defined in section 3132(a)); or (3) a position which has been excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character. (e) Termination \nThe authority to pay bonuses under this section shall terminate on September 30, 2007. 9703. Reemployed annuitants \n(a) In general \nIf an annuitant receiving an annuity from the Civil Service Retirement and Disability Fund becomes employed in a position within the Department of Homeland Security, the annuitant’s annuity shall continue. An annuitant so reemployed shall not be considered an employee for the purposes of chapter 83 or 84. (b) Applicability \nThis section shall apply— (1) during the 3-year period beginning on the date of the enactment of this section, to annuitants holding positions within the Directorate for Information Analysis and Infrastructure Protection; and (2) after the end of the 3-year period described in paragraph (1), to annuitants holding positions within such directorate or other parts of the Department of Homeland Security as the Secretary of Homeland Security may designate. (c) Definition \nFor purposes of this section, the term annuitant has the meaning given such term under section 8331 or 8401, whichever is appropriate. 9704. Regulations \nThe Secretary of Homeland Security, in consultation with the Director of the Office of Personnel Management, may prescribe any regulations necessary to carry out section 9702 or 9703..",
"id": "H6EB03354FFC74FACB9B4185788B25CF7",
"header": "In general",
"nested": [],
"links": [
{
"text": "Chapter 97",
"legal-doc": "usc-chapter",
"parsable-cite": "usc-chapter/5/97"
}
]
},
{
"text": "(b) Clerical amendment \nThe analysis for chapter 97 of title 5, United States Code, is amended by adding after the item relating to section 9701 the following: 9702. Recruitment bonuses 9703. Reemployed annuitants 9704. Regulations.",
"id": "HCF5B4B693FB34026A34723DAAB2EFCE3",
"header": "Clerical amendment",
"nested": [],
"links": [
{
"text": "chapter 97",
"legal-doc": "usc-chapter",
"parsable-cite": "usc-chapter/5/97"
}
]
}
],
"links": [
{
"text": "Chapter 97",
"legal-doc": "usc-chapter",
"parsable-cite": "usc-chapter/5/97"
},
{
"text": "chapter 97",
"legal-doc": "usc-chapter",
"parsable-cite": "usc-chapter/5/97"
}
]
},
{
"text": "9702. Recruitment bonuses \n(a) In general \nNotwithstanding any provision of chapter 57, the Secretary of Homeland Security, acting through the Under Secretary for Information Analysis and Infrastructure Protection, may pay a bonus to an individual in order to recruit such individual for a position that— (1) is within the Directorate for Information Analysis and Infrastructure Protection; and (2) would otherwise be difficult to fill in the absence of such a bonus. (b) Bonus amount \n(1) In general \nThe amount of a bonus under this section shall be determined under regulations of the Secretary of Homeland Security, but may not exceed 50 percent of the annual rate of basic pay of the position involved. (2) Form of payment \nA bonus under this section shall be paid in the form of a lump-sum payment and shall not be considered to be part of basic pay. (3) Computation rule \nFor purposes of paragraph (1), the annual rate of basic pay of a position does not include any comparability payment under section 5304 or any similar authority. (c) Service agreements \nPayment of a bonus under this section shall be contingent upon the employee entering into a written service agreement with the Department of Homeland Security. The agreement shall include— (1) the period of service the individual shall be required to complete in return for the bonus; and (2) the conditions under which the agreement may be terminated before the agreed-upon service period has been completed, and the effect of the termination. (d) Eligibility \nA bonus under this section may not be paid to recruit an individual for— (1) a position to which an individual is appointed by the President, by and with the advice and consent of the Senate; (2) a position in the Senior Executive Service as a noncareer appointee (as defined in section 3132(a)); or (3) a position which has been excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character. (e) Termination \nThe authority to pay bonuses under this section shall terminate on September 30, 2007.",
"id": "HAC23B589974947369F7FDF470074A822",
"header": "Recruitment bonuses",
"nested": [
{
"text": "(a) In general \nNotwithstanding any provision of chapter 57, the Secretary of Homeland Security, acting through the Under Secretary for Information Analysis and Infrastructure Protection, may pay a bonus to an individual in order to recruit such individual for a position that— (1) is within the Directorate for Information Analysis and Infrastructure Protection; and (2) would otherwise be difficult to fill in the absence of such a bonus.",
"id": "HCA7F2EA681354B9CA8C6DFF232A800AD",
"header": "In general",
"nested": [],
"links": []
},
{
"text": "(b) Bonus amount \n(1) In general \nThe amount of a bonus under this section shall be determined under regulations of the Secretary of Homeland Security, but may not exceed 50 percent of the annual rate of basic pay of the position involved. (2) Form of payment \nA bonus under this section shall be paid in the form of a lump-sum payment and shall not be considered to be part of basic pay. (3) Computation rule \nFor purposes of paragraph (1), the annual rate of basic pay of a position does not include any comparability payment under section 5304 or any similar authority.",
"id": "HB8FC66C762FD4331B91600DC5887F904",
"header": "Bonus amount",
"nested": [],
"links": []
},
{
"text": "(c) Service agreements \nPayment of a bonus under this section shall be contingent upon the employee entering into a written service agreement with the Department of Homeland Security. The agreement shall include— (1) the period of service the individual shall be required to complete in return for the bonus; and (2) the conditions under which the agreement may be terminated before the agreed-upon service period has been completed, and the effect of the termination.",
"id": "H5112DA62092D4673AF37982E5FA0EFAC",
"header": "Service agreements",
"nested": [],
"links": []
},
{
"text": "(d) Eligibility \nA bonus under this section may not be paid to recruit an individual for— (1) a position to which an individual is appointed by the President, by and with the advice and consent of the Senate; (2) a position in the Senior Executive Service as a noncareer appointee (as defined in section 3132(a)); or (3) a position which has been excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character.",
"id": "HF1D59AD1EE194D59B5CD8963F35828A6",
"header": "Eligibility",
"nested": [],
"links": []
},
{
"text": "(e) Termination \nThe authority to pay bonuses under this section shall terminate on September 30, 2007.",
"id": "H5586AD95196240DAB649DC86324BE527",
"header": "Termination",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "9703. Reemployed annuitants \n(a) In general \nIf an annuitant receiving an annuity from the Civil Service Retirement and Disability Fund becomes employed in a position within the Department of Homeland Security, the annuitant’s annuity shall continue. An annuitant so reemployed shall not be considered an employee for the purposes of chapter 83 or 84. (b) Applicability \nThis section shall apply— (1) during the 3-year period beginning on the date of the enactment of this section, to annuitants holding positions within the Directorate for Information Analysis and Infrastructure Protection; and (2) after the end of the 3-year period described in paragraph (1), to annuitants holding positions within such directorate or other parts of the Department of Homeland Security as the Secretary of Homeland Security may designate. (c) Definition \nFor purposes of this section, the term annuitant has the meaning given such term under section 8331 or 8401, whichever is appropriate.",
"id": "HBD0ABDEF50AC4155BF1E529B289D86C4",
"header": "Reemployed annuitants",
"nested": [
{
"text": "(a) In general \nIf an annuitant receiving an annuity from the Civil Service Retirement and Disability Fund becomes employed in a position within the Department of Homeland Security, the annuitant’s annuity shall continue. An annuitant so reemployed shall not be considered an employee for the purposes of chapter 83 or 84.",
"id": "H22DE597A6E20452E8864A71EE743D59C",
"header": "In general",
"nested": [],
"links": []
},
{
"text": "(b) Applicability \nThis section shall apply— (1) during the 3-year period beginning on the date of the enactment of this section, to annuitants holding positions within the Directorate for Information Analysis and Infrastructure Protection; and (2) after the end of the 3-year period described in paragraph (1), to annuitants holding positions within such directorate or other parts of the Department of Homeland Security as the Secretary of Homeland Security may designate.",
"id": "H2C7E5C9A13624FB58700E7DE02E04476",
"header": "Applicability",
"nested": [],
"links": []
},
{
"text": "(c) Definition \nFor purposes of this section, the term annuitant has the meaning given such term under section 8331 or 8401, whichever is appropriate.",
"id": "H9BE6958756C645AF8BF22C3DCF150426",
"header": "Definition",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "9704. Regulations \nThe Secretary of Homeland Security, in consultation with the Director of the Office of Personnel Management, may prescribe any regulations necessary to carry out section 9702 or 9703.",
"id": "H96B94A3962134EF48FD19CBAB71DC952",
"header": "Regulations",
"nested": [],
"links": []
},
{
"text": "7. Participation of the Department in the Terrorist Threat Integration Center \n(a) Assignment of personnel \nSection 201(e) of the Homeland Security Act of 2002 ( 6 U.S.C. 121(e) ) is amended by adding at the end the following new paragraph: (4) Assignment of personnel to ttic \nPersonnel of the Department may be assigned to the Terrorist Threat Integration Center (or any successor entity) only for the purpose of performing analytic functions and related duties.. (b) Report on participation in Terrorist Threat Integration Center \n(1) In general \nNot later than one year after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to each appropriate congressional committee an unclassified report that describes in detail the nature and scope of the participation of the Department of Homeland Security in, and interaction with, the Terrorist Threat Integration Center. (2) Contents \nThe report required by paragraph (1) shall include the following information: (A) The total funding that has been provided by the Department to the Center and the cost of any personnel, services, or materials the Department has provided to the Center. (B) The number, expertise, and employing component of Department personnel assigned to the Center. (C) Any non-Department regulation, policy or directive that governs the qualifications, job performance, or conduct of Department personnel assigned to the Center. (D) A description of all analytic products originated by the Center that are routinely disseminated to the Department, including the entities or officials within the Department that routinely receive such products, and the means by which such products are disseminated. (E) A description of how each analytic product provided to the Department by the Center is utilized by the Department, including a specification of which, if any, such products the Department routinely disseminates to State, local, or private sector officials. (3) Form of submission \nThe report required by this section shall be submitted in unclassified form, but may include a classified annex. (4) Definitions \nIn this subsection: (A) Secretary \nThe term Secretary means the Secretary of Homeland Security. (B) Appropriate congressional committees \nThe term appropriate congressional committee has the meaning given that term in section 2(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 101(2) ). (C) Center \nThe term Center means the Terrorist Threat Integration Center.",
"id": "H7B7A79DA2B7D48459E68E90677017731",
"header": "Participation of the Department in the Terrorist Threat Integration Center",
"nested": [
{
"text": "(a) Assignment of personnel \nSection 201(e) of the Homeland Security Act of 2002 ( 6 U.S.C. 121(e) ) is amended by adding at the end the following new paragraph: (4) Assignment of personnel to ttic \nPersonnel of the Department may be assigned to the Terrorist Threat Integration Center (or any successor entity) only for the purpose of performing analytic functions and related duties..",
"id": "H78EEE52AC634426AB61CBED2A066A3AF",
"header": "Assignment of personnel",
"nested": [],
"links": [
{
"text": "6 U.S.C. 121(e)",
"legal-doc": "usc",
"parsable-cite": "usc/6/121"
}
]
},
{
"text": "(b) Report on participation in Terrorist Threat Integration Center \n(1) In general \nNot later than one year after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to each appropriate congressional committee an unclassified report that describes in detail the nature and scope of the participation of the Department of Homeland Security in, and interaction with, the Terrorist Threat Integration Center. (2) Contents \nThe report required by paragraph (1) shall include the following information: (A) The total funding that has been provided by the Department to the Center and the cost of any personnel, services, or materials the Department has provided to the Center. (B) The number, expertise, and employing component of Department personnel assigned to the Center. (C) Any non-Department regulation, policy or directive that governs the qualifications, job performance, or conduct of Department personnel assigned to the Center. (D) A description of all analytic products originated by the Center that are routinely disseminated to the Department, including the entities or officials within the Department that routinely receive such products, and the means by which such products are disseminated. (E) A description of how each analytic product provided to the Department by the Center is utilized by the Department, including a specification of which, if any, such products the Department routinely disseminates to State, local, or private sector officials. (3) Form of submission \nThe report required by this section shall be submitted in unclassified form, but may include a classified annex. (4) Definitions \nIn this subsection: (A) Secretary \nThe term Secretary means the Secretary of Homeland Security. (B) Appropriate congressional committees \nThe term appropriate congressional committee has the meaning given that term in section 2(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 101(2) ). (C) Center \nThe term Center means the Terrorist Threat Integration Center.",
"id": "HB1D5AD20C0C149F7B700D846BB807100",
"header": "Report on participation in Terrorist Threat Integration Center",
"nested": [],
"links": [
{
"text": "6 U.S.C. 101(2)",
"legal-doc": "usc",
"parsable-cite": "usc/6/101"
}
]
}
],
"links": [
{
"text": "6 U.S.C. 121(e)",
"legal-doc": "usc",
"parsable-cite": "usc/6/121"
},
{
"text": "6 U.S.C. 101(2)",
"legal-doc": "usc",
"parsable-cite": "usc/6/101"
}
]
}
] | 12 | 1. Short title
This Act may be cited as the Homeland Security Information Sharing and Analysis Enhancement Act of 2004. 2. Information collection requirements and priorities
(a) In general
Section 102 of the Homeland Security Act of 2002 ( 6 U.S.C. 112 ) is amended— (1) by redesignating subsections (e), (f), and (g), as subsections (f), (g), and (h), respectively; and (2) by inserting after subsection (d) the following new subsection (e): (e) Participation in foreign collection requirements and Management processes
The Secretary shall be a member of any Federal Government interagency board, established by executive order or any other binding interagency directive, that is responsible for establishing foreign collection information requirements and priorities for estimative analysis.. (b) Homeland Security Information Requirements Board
(1) In general
Title I of such Act ( 6 U.S.C. 111 et seq. ) is amended by adding at the end the following new section: 104. Homeland Security Information Requirements Board
(a) Establishment of Board
There is established an interagency Homeland Security Information Requirements Board (hereinafter in this section referred to as the Information Requirements Board ). (b) Membership
The following officials are members of the Information Requirements Board: (1) The Secretary of Homeland Security, who shall serve as the chairman of the Information Requirements Board. (2) The Attorney General. (3) The Secretary of Commerce. (4) The Secretary of the Treasury. (5) The Secretary of Defense. (6) The Secretary of Energy. (7) The Secretary of State. (8) The Director of Central Intelligence. (9) The Director of the Federal Bureau of Investigation. (10) The Director of the Terrorist Threat Integration Center or any successor entity. (11) The Chief Privacy Officer of the Department of Homeland Security. (c) Functions
(1) Oversight of homeland security requirements
The Information Requirements Board shall oversee the process for establishing homeland security requirements and collection management for all terrorism-related information and all other homeland security information (as defined in section 892(g)) collected within the United States. (2) Determination of collection priorities
The Information Requirements Board shall— (A) determine the domestic information collection requirements for information relevant to the homeland security mission; and (B) prioritize the collection and use of such information. (3) Coordination of collection requirements and Management activities
(A) Coordination with counterpart agencies
The Chairman shall ensure that the Information Requirements Board carries out its activities in a manner that is fully coordinated with Board’s counterpart entities. (B) Participation of counterpart entities
The Chairman and the Director of Central Intelligence shall ensure that each counterpart entity— (i) has at least one representative on the Information Requirement Board and on every sub-component of the Board; and (ii) meets jointly with the Information Requirements Board (and, as appropriate, with any sub-component of the Board) as often as the Chairman and the Director of Central Intelligence determine appropriate. (C) Counterpart entity defined
In this section, the term counterpart entity means an entity of the Federal Government that is responsible for foreign intelligence collection requirements and management, including the Office of the Deputy Director of Central Intelligence for Community Management and senior collection managers of each of the agencies under the National Foreign Intelligence Program (as defined in section 3(6) of the National Security Act of 1947 ( 50 U.S.C. 401a(6) ). (d) Meetings
(1) In general
The Information Requirements Board shall meet regularly at such times and places as its Chairman may direct. (2) Invited representatives
The chairman may invite representatives of Federal agencies not specified in subsection (b) to attend meetings of the Information Requirements Board.. (2) Clerical amendment
The table of contents of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 103 the following new item: Sec. 104. Homeland Security Information Requirements Board. 104. Homeland Security Information Requirements Board
(a) Establishment of Board
There is established an interagency Homeland Security Information Requirements Board (hereinafter in this section referred to as the Information Requirements Board ). (b) Membership
The following officials are members of the Information Requirements Board: (1) The Secretary of Homeland Security, who shall serve as the chairman of the Information Requirements Board. (2) The Attorney General. (3) The Secretary of Commerce. (4) The Secretary of the Treasury. (5) The Secretary of Defense. (6) The Secretary of Energy. (7) The Secretary of State. (8) The Director of Central Intelligence. (9) The Director of the Federal Bureau of Investigation. (10) The Director of the Terrorist Threat Integration Center or any successor entity. (11) The Chief Privacy Officer of the Department of Homeland Security. (c) Functions
(1) Oversight of homeland security requirements
The Information Requirements Board shall oversee the process for establishing homeland security requirements and collection management for all terrorism-related information and all other homeland security information (as defined in section 892(g)) collected within the United States. (2) Determination of collection priorities
The Information Requirements Board shall— (A) determine the domestic information collection requirements for information relevant to the homeland security mission; and (B) prioritize the collection and use of such information. (3) Coordination of collection requirements and Management activities
(A) Coordination with counterpart agencies
The Chairman shall ensure that the Information Requirements Board carries out its activities in a manner that is fully coordinated with Board’s counterpart entities. (B) Participation of counterpart entities
The Chairman and the Director of Central Intelligence shall ensure that each counterpart entity— (i) has at least one representative on the Information Requirement Board and on every sub-component of the Board; and (ii) meets jointly with the Information Requirements Board (and, as appropriate, with any sub-component of the Board) as often as the Chairman and the Director of Central Intelligence determine appropriate. (C) Counterpart entity defined
In this section, the term counterpart entity means an entity of the Federal Government that is responsible for foreign intelligence collection requirements and management, including the Office of the Deputy Director of Central Intelligence for Community Management and senior collection managers of each of the agencies under the National Foreign Intelligence Program (as defined in section 3(6) of the National Security Act of 1947 ( 50 U.S.C. 401a(6) ). (d) Meetings
(1) In general
The Information Requirements Board shall meet regularly at such times and places as its Chairman may direct. (2) Invited representatives
The chairman may invite representatives of Federal agencies not specified in subsection (b) to attend meetings of the Information Requirements Board. 3. Access to information
(a) Improvements to secure communications and information technology infrastructure
Paragraph (14) of section 201(d) of the Homeland Security Act of 2002 ( 6 U.S.C. 121(d) ) is amended by striking in furtherance of the responsibilities under this section, and to disseminate information acquired and analyzed by the Department, as appropriate and inserting with maximum flexibility and speed, in furtherance of the responsibilities under this section, and to ensure the simultaneous dissemination of such data and information to all appropriate personnel. (b) Improvement in access to information by Department personnel
Subsection (a) of section 202 of such Act ( 6 U.S.C. 122 ) is amended by adding at the end the following new paragraph: (3) Utilization
Subject to the requirements of section 201(d)(12), the Secretary may provide access to any of the information and materials described in this subsection to any personnel of the Department that the Secretary determines requires such access to discharge duties assigned to such personnel.. (c) Establishment of procedures for automatic and immediate transfer of information to the Department
Subsection (b) of such section is amended— (1) by striking and at the end of paragraph (1); (2) by striking the period at the end of paragraph (2) and inserting ; and ; and (3) by adding at the end the following new paragraph: (3) the Secretary, in consultation with the appropriate Federal Government officials, shall identify and put into place systems, protocols, and procedures to ensure that appropriate personnel of the Department are provided access to such information automatically and immediately.. (d) Effect of provision of information to the Terrorist Threat Integration Center
Subsection (d) of such section is amended by adding at the end the following new paragraph: (3) Obligation to share information
Except as otherwise directed by the President or with the specific written agreement of the Secretary, no Federal agency or official shall be deemed to have discharged any obligation to share any information, report, assessment, or other material, including unevaluated intelligence information, with the Department solely by virtue of having provided that information, report, assessment, or other material to the Terrorist Threat Integration Center or to any entity that succeeds to any of the functions of the Terrorist Threat Integration Center.. 4. Homeland Security Advisory System
(a) Coordination of advisories
Section 201(d)(7) of the Homeland Security Act of 2002 ( 6 U.S.C. 121(d)(7) ) is amended— (1) by striking and after the semicolon at the end of subparagraph (A); (2) by striking the period at the end of subparagraph (B) and inserting ; and ; and (3) by adding at the end the following: (C) except as otherwise directed by the President, coordinating the issuance of homeland security advisories, warnings, and advice from other Federal agencies to State and local government agencies and authorities, the private sector, other entities, and the public.. (b) Use of Homeland Security Advisory System
(1) In general
Subtitle A of title II of the Homeland Security Act of 2002 ( 6 U.S.C. 121 et seq. ) is amended by adding at the end the following: 203. Use of Homeland Security Advisory System
(a) Public advisories
If the Secretary concludes that credible information indicates a potential terrorist threat to the United States that is not or cannot, on the basis of the information available, be limited to one or more States, regions, localities, facilities, sites, elements of the population, critical infrastructure sectors, or public or private sector activities or events, the Secretary shall, as appropriate— (1) use the Homeland Security Advisory System administered under section 201(d)(7) to inform the public of the existence and nature of the threat and to convey information about the risk it poses to the population and territory of the United States; (2) provide specific unclassified warning information and advice about appropriate protective measures and countermeasures pursuant to section 201(d)(7)(B), to State and local government agencies and authorities, the private sector, other entities, and the public; and (3) provide specific classified warning information and advice about appropriate protective measures and countermeasures pursuant to section 201(d)(7)(B) to State and local government officials and individuals in the private sector, who— (A) have the appropriate security clearance; and (B) in the Secretary’s judgment, need to have access to such information and advice in order to discharge their homeland security-related functions. (b) Limited advisories
If the Secretary concludes that credible information indicates a potential terrorist threat to one or more particular States, regions, localities, facilities, sites, elements of the population, critical infrastructure sectors, public or private sector activities or events, or any combination of the foregoing, the Secretary— (1) shall, as appropriate, inform officials of the affected entities and provide specific warning information and advice about protective measures and countermeasures to those officials pursuant to section 201(d)(7)(B); and (2) may, in the Secretary’s discretion, issue a public advisory relating to such threat.. (2) Clerical amendment
The table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 202 the following: Sec. 203. Use of Homeland Security Advisory System. 203. Use of Homeland Security Advisory System
(a) Public advisories
If the Secretary concludes that credible information indicates a potential terrorist threat to the United States that is not or cannot, on the basis of the information available, be limited to one or more States, regions, localities, facilities, sites, elements of the population, critical infrastructure sectors, or public or private sector activities or events, the Secretary shall, as appropriate— (1) use the Homeland Security Advisory System administered under section 201(d)(7) to inform the public of the existence and nature of the threat and to convey information about the risk it poses to the population and territory of the United States; (2) provide specific unclassified warning information and advice about appropriate protective measures and countermeasures pursuant to section 201(d)(7)(B), to State and local government agencies and authorities, the private sector, other entities, and the public; and (3) provide specific classified warning information and advice about appropriate protective measures and countermeasures pursuant to section 201(d)(7)(B) to State and local government officials and individuals in the private sector, who— (A) have the appropriate security clearance; and (B) in the Secretary’s judgment, need to have access to such information and advice in order to discharge their homeland security-related functions. (b) Limited advisories
If the Secretary concludes that credible information indicates a potential terrorist threat to one or more particular States, regions, localities, facilities, sites, elements of the population, critical infrastructure sectors, public or private sector activities or events, or any combination of the foregoing, the Secretary— (1) shall, as appropriate, inform officials of the affected entities and provide specific warning information and advice about protective measures and countermeasures to those officials pursuant to section 201(d)(7)(B); and (2) may, in the Secretary’s discretion, issue a public advisory relating to such threat. 5. Homeland security information sharing
(a) Administration of the homeland security information network
Section 201(d) of the Homeland Security Act of 2002 ( 6 U.S.C. 121(d) ) is amended by adding at the end the following new paragraph: (20) To administer the homeland security information network, including— (A) exercising primary responsibility for creating a secure nationwide real-time homeland security information sharing network for Federal, State, and local government agencies and authorities, the private sector, and other governmental and private entities involved in receiving, analyzing, and distributing information related to threats to homeland security; and (B) ensuring that the information sharing systems, developed in connection with the network created under subparagraph (A), utilize and are compatible with, to the greatest extent practicable, Federal, State, and local government and private sector antiterrorism systems and protocols that have been or are being developed.. (b) Coordination of dissemination of information to non-Federal entities
(1) In general
Section 892 of such Act ( 6 U.S.C. 482 ) is amended— (A) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and (B) by inserting after subsection (e) the following new subsection (f): (f) Requirement for coordination of dissemination of information to non-Federal entities
(1) In general
Except as otherwise directed by the President or with the specific written agreement of the Secretary, no element of the intelligence community nor any department, agency, or other entity having Federal law enforcement responsibilities, nor any partnership or joint venture consisting wholly or in part of such entities, shall disseminate its analytic products or conclusions related to threats to homeland security to State, local, or private sector officials without the prior approval of the Secretary, except that the head of such an element, department, agency, or other entity may disseminate an analytic product or conclusion without the Secretary's approval— (A) when and to the extent that exigent circumstances require that a specific analytic product or conclusion be disseminated in order to prevent, preempt, or disrupt an imminent threat of death or serious bodily injury or significant damage to United States persons, infrastructure or other interests; or (B) when it is necessary to share an analytic product or conclusion with Federal, State, and local law enforcement officials relating to a law enforcement activity, if— (i) the Department is provided, as soon as feasible, notice of the potential of such a communication and is, to the extent practicable, included in the development of such communication through the Department's liaison at the headquarters of the Federal Bureau of Investigation; and (ii) the Secretary must approve any further dissemination of such analytic product or conclusion to non-law enforcement State and local officials, the private sector, or the public. (2) When an analytic product or conclusion is disseminated pursuant to paragraph (1)(A), the Secretary and the appropriate entities or officials in other United States Government agencies shall be notified immediately of that dissemination.. (2) Definition
Subsection (g) of such section (as redesignated by paragraph (1)(A)) is amended by adding at the end the following new paragraph: (5) Analytic product or conclusion
The term analytic product or conclusion means any product of the analysis of one or more pieces of homeland security information in which inferences have been drawn from such information to arrive at a determination about a fact (including a potential threat) that was not explicit or apparent on the face of the information itself, but does not include mere summaries of homeland security information.. 6. IAIP personnel recruitment
(a) In general
Chapter 97 of title 5, United States Code, is amended by adding after section 9701 the following: 9702. Recruitment bonuses
(a) In general
Notwithstanding any provision of chapter 57, the Secretary of Homeland Security, acting through the Under Secretary for Information Analysis and Infrastructure Protection, may pay a bonus to an individual in order to recruit such individual for a position that— (1) is within the Directorate for Information Analysis and Infrastructure Protection; and (2) would otherwise be difficult to fill in the absence of such a bonus. (b) Bonus amount
(1) In general
The amount of a bonus under this section shall be determined under regulations of the Secretary of Homeland Security, but may not exceed 50 percent of the annual rate of basic pay of the position involved. (2) Form of payment
A bonus under this section shall be paid in the form of a lump-sum payment and shall not be considered to be part of basic pay. (3) Computation rule
For purposes of paragraph (1), the annual rate of basic pay of a position does not include any comparability payment under section 5304 or any similar authority. (c) Service agreements
Payment of a bonus under this section shall be contingent upon the employee entering into a written service agreement with the Department of Homeland Security. The agreement shall include— (1) the period of service the individual shall be required to complete in return for the bonus; and (2) the conditions under which the agreement may be terminated before the agreed-upon service period has been completed, and the effect of the termination. (d) Eligibility
A bonus under this section may not be paid to recruit an individual for— (1) a position to which an individual is appointed by the President, by and with the advice and consent of the Senate; (2) a position in the Senior Executive Service as a noncareer appointee (as defined in section 3132(a)); or (3) a position which has been excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character. (e) Termination
The authority to pay bonuses under this section shall terminate on September 30, 2007. 9703. Reemployed annuitants
(a) In general
If an annuitant receiving an annuity from the Civil Service Retirement and Disability Fund becomes employed in a position within the Department of Homeland Security, the annuitant’s annuity shall continue. An annuitant so reemployed shall not be considered an employee for the purposes of chapter 83 or 84. (b) Applicability
This section shall apply— (1) during the 3-year period beginning on the date of the enactment of this section, to annuitants holding positions within the Directorate for Information Analysis and Infrastructure Protection; and (2) after the end of the 3-year period described in paragraph (1), to annuitants holding positions within such directorate or other parts of the Department of Homeland Security as the Secretary of Homeland Security may designate. (c) Definition
For purposes of this section, the term annuitant has the meaning given such term under section 8331 or 8401, whichever is appropriate. 9704. Regulations
The Secretary of Homeland Security, in consultation with the Director of the Office of Personnel Management, may prescribe any regulations necessary to carry out section 9702 or 9703.. (b) Clerical amendment
The analysis for chapter 97 of title 5, United States Code, is amended by adding after the item relating to section 9701 the following: 9702. Recruitment bonuses 9703. Reemployed annuitants 9704. Regulations. 9702. Recruitment bonuses
(a) In general
Notwithstanding any provision of chapter 57, the Secretary of Homeland Security, acting through the Under Secretary for Information Analysis and Infrastructure Protection, may pay a bonus to an individual in order to recruit such individual for a position that— (1) is within the Directorate for Information Analysis and Infrastructure Protection; and (2) would otherwise be difficult to fill in the absence of such a bonus. (b) Bonus amount
(1) In general
The amount of a bonus under this section shall be determined under regulations of the Secretary of Homeland Security, but may not exceed 50 percent of the annual rate of basic pay of the position involved. (2) Form of payment
A bonus under this section shall be paid in the form of a lump-sum payment and shall not be considered to be part of basic pay. (3) Computation rule
For purposes of paragraph (1), the annual rate of basic pay of a position does not include any comparability payment under section 5304 or any similar authority. (c) Service agreements
Payment of a bonus under this section shall be contingent upon the employee entering into a written service agreement with the Department of Homeland Security. The agreement shall include— (1) the period of service the individual shall be required to complete in return for the bonus; and (2) the conditions under which the agreement may be terminated before the agreed-upon service period has been completed, and the effect of the termination. (d) Eligibility
A bonus under this section may not be paid to recruit an individual for— (1) a position to which an individual is appointed by the President, by and with the advice and consent of the Senate; (2) a position in the Senior Executive Service as a noncareer appointee (as defined in section 3132(a)); or (3) a position which has been excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character. (e) Termination
The authority to pay bonuses under this section shall terminate on September 30, 2007. 9703. Reemployed annuitants
(a) In general
If an annuitant receiving an annuity from the Civil Service Retirement and Disability Fund becomes employed in a position within the Department of Homeland Security, the annuitant’s annuity shall continue. An annuitant so reemployed shall not be considered an employee for the purposes of chapter 83 or 84. (b) Applicability
This section shall apply— (1) during the 3-year period beginning on the date of the enactment of this section, to annuitants holding positions within the Directorate for Information Analysis and Infrastructure Protection; and (2) after the end of the 3-year period described in paragraph (1), to annuitants holding positions within such directorate or other parts of the Department of Homeland Security as the Secretary of Homeland Security may designate. (c) Definition
For purposes of this section, the term annuitant has the meaning given such term under section 8331 or 8401, whichever is appropriate. 9704. Regulations
The Secretary of Homeland Security, in consultation with the Director of the Office of Personnel Management, may prescribe any regulations necessary to carry out section 9702 or 9703. 7. Participation of the Department in the Terrorist Threat Integration Center
(a) Assignment of personnel
Section 201(e) of the Homeland Security Act of 2002 ( 6 U.S.C. 121(e) ) is amended by adding at the end the following new paragraph: (4) Assignment of personnel to ttic
Personnel of the Department may be assigned to the Terrorist Threat Integration Center (or any successor entity) only for the purpose of performing analytic functions and related duties.. (b) Report on participation in Terrorist Threat Integration Center
(1) In general
Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to each appropriate congressional committee an unclassified report that describes in detail the nature and scope of the participation of the Department of Homeland Security in, and interaction with, the Terrorist Threat Integration Center. (2) Contents
The report required by paragraph (1) shall include the following information: (A) The total funding that has been provided by the Department to the Center and the cost of any personnel, services, or materials the Department has provided to the Center. (B) The number, expertise, and employing component of Department personnel assigned to the Center. (C) Any non-Department regulation, policy or directive that governs the qualifications, job performance, or conduct of Department personnel assigned to the Center. (D) A description of all analytic products originated by the Center that are routinely disseminated to the Department, including the entities or officials within the Department that routinely receive such products, and the means by which such products are disseminated. (E) A description of how each analytic product provided to the Department by the Center is utilized by the Department, including a specification of which, if any, such products the Department routinely disseminates to State, local, or private sector officials. (3) Form of submission
The report required by this section shall be submitted in unclassified form, but may include a classified annex. (4) Definitions
In this subsection: (A) Secretary
The term Secretary means the Secretary of Homeland Security. (B) Appropriate congressional committees
The term appropriate congressional committee has the meaning given that term in section 2(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 101(2) ). (C) Center
The term Center means the Terrorist Threat Integration Center. | 28,239 | [
"Homeland Security Committee",
"Oversight and Accountability Committee",
"Intelligence (Permanent Select) Committee"
] |
108hr5306ih | 108 | hr | 5,306 | ih | To amend the Federal Food, Drug, and Cosmetic Act with respect to market exclusivity for cancer drugs, and to amend title 35, United States Code, to provide for the extension of the patent term on such drugs equal to the regulatory review period for such drugs. | [
{
"text": "1. Short title \nThis Act may be cited as the New War on Cancer Act.",
"id": "H38D005C48D7C401BA4068917A353F209",
"header": "Short title",
"nested": [],
"links": []
},
{
"text": "2. Nonpatent market exclusivity for cancer drugs \nChapter V of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 351 et seq. ) is amended by adding at the end the following subchapter: G Cancer drugs \n575. Recommendations for investigations of cancer drugs \n(a) Request for recommendations \nThe sponsor of a drug intended for use for cancer (referred to in this subchapter as a cancer drug ) may request the Secretary to provide written recommendations for the nonclinical and clinical investigations which must be conducted with the drug before— (1) it may be approved for use for cancer under section 505; or (2) if the drug is a biological product, it may be licensed for use for cancer under section 351 of the Public Health Service Act. (b) Recommendations \nIf the Secretary has reason to believe that a drug for which a request is made under subsection (a) is a cancer drug, the Secretary shall provide the person making the request written recommendations for the nonclinical and clinical investigations which the Secretary believes, on the basis of information available to the Secretary at the time of the request, would be necessary for— (1) approval of such drug for use for cancer under section 505; or (2) licensing of such drug for use for cancer under section 351 of the Public Health Service Act. (c) Regulations \nThe Secretary shall by regulation promulgate procedures for the implementation of subsections (a) and (b). 576. Designation of cancer drugs \n(a) Request for designation \nThe sponsor of a drug may request the Secretary to designate the drug as a cancer drug. A request for designation of a drug shall be made before the submission of an application under section 505(b) for the drug, or the submission of an application for licensing of the drug under section 351 of the Public Health Service Act. Such a request shall contain the consent of the applicant to notice being given by the Secretary under subsection (c) respecting the designation of the drug. (b) Designation \nIn the case of a drug for which a request is submitted under subsection (a), the Secretary shall designate the drug as a cancer drug if the Secretary finds that the drug is being or will be investigated for use for cancer. (c) Conditions \nA designation of a drug under subsection (b) shall be subject to the condition that— (1) after an application is approved for the drug under section 505(b) or a license is issued for the drug under section 351 of the Public Health Service Act, the manufacturer of the drug will notify the Secretary of any discontinuance of the production of the drug at least one year before discontinuance; and (2) before an application is approved for the drug under section 505(b) or a license is issued for the drug under section 351 of the Public Health Service Act, the sponsor of the drug will notify the Secretary of any decision to discontinue active pursuit of approval of an application under section 505(b) or approval of a license under section 351 of the Public Health Service Act. (d) Public availability of notice \nNotice respecting the designation of a drug under subsection (b) shall be made available to the public. (e) Regulations \nThe Secretary shall by regulation promulgate procedures for the implementation of subsections (a) and (b). 577. Market protection for cancer drugs \n(a) In general \nExcept as provided in subsection (b), if the Secretary approves an application filed pursuant to section 505 for a drug designated under section 576 as a cancer drug, or if the Secretary issues a license under section 351 of the Public Health Service Act for such a drug, the Secretary may not approve another application under section 505 or issue another license under section 351 of the Public Health Service Act for such drug for a person who is not the holder of such approved application or of such license until the expiration of seven years from the date of the approval of the approved application or the issuance of the license. Section 505(c)(2) does not apply to the refusal to approve an application under the preceding sentence. (b) Exception \nIf an application filed pursuant to section 505 is approved for a drug designated under section 576 as a cancer drug or if a license is issued under section 351 of the Public Health Service Act for such a drug, the Secretary may, during the seven-year period beginning on the date of the application approval or of the issuance of the license, approve another application under section 505 or issue a license under section 351 of the Public Health Service Act for such drug for cancer for a person who is not the holder of such approved application or of such license if— (1) the Secretary finds, after providing the holder notice and opportunity for the submission of views, that in such period the holder of the approved application or of the license cannot assure the availability of sufficient quantities of the drug to meet the needs of persons with the cancer involved; or (2) such holder provides the Secretary in writing the consent of such holder for the approval of other applications or the issuance of other licenses before the expiration of such seven-year period. 578. Open protocols for investigations of cancer drugs \nIf a drug is designated under section 576 as a cancer drug and if notice of a claimed exemption under section 505(i) or regulations issued thereunder is filed for such drug, the Secretary shall encourage the sponsor of such drug to design protocols for the drug which include persons with the cancer involved who need the drug to treat the cancer and who cannot be satisfactorily treated by available alternative drugs..",
"id": "HEDD8027E5C394A63860382391200D1ED",
"header": "Nonpatent market exclusivity for cancer drugs",
"nested": [],
"links": [
{
"text": "21 U.S.C. 351 et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/21/351"
}
]
},
{
"text": "575. Recommendations for investigations of cancer drugs \n(a) Request for recommendations \nThe sponsor of a drug intended for use for cancer (referred to in this subchapter as a cancer drug ) may request the Secretary to provide written recommendations for the nonclinical and clinical investigations which must be conducted with the drug before— (1) it may be approved for use for cancer under section 505; or (2) if the drug is a biological product, it may be licensed for use for cancer under section 351 of the Public Health Service Act. (b) Recommendations \nIf the Secretary has reason to believe that a drug for which a request is made under subsection (a) is a cancer drug, the Secretary shall provide the person making the request written recommendations for the nonclinical and clinical investigations which the Secretary believes, on the basis of information available to the Secretary at the time of the request, would be necessary for— (1) approval of such drug for use for cancer under section 505; or (2) licensing of such drug for use for cancer under section 351 of the Public Health Service Act. (c) Regulations \nThe Secretary shall by regulation promulgate procedures for the implementation of subsections (a) and (b).",
"id": "H8BE1711026C74A699FF91991CF36EB40",
"header": "Recommendations for investigations of cancer drugs",
"nested": [
{
"text": "(a) Request for recommendations \nThe sponsor of a drug intended for use for cancer (referred to in this subchapter as a cancer drug ) may request the Secretary to provide written recommendations for the nonclinical and clinical investigations which must be conducted with the drug before— (1) it may be approved for use for cancer under section 505; or (2) if the drug is a biological product, it may be licensed for use for cancer under section 351 of the Public Health Service Act.",
"id": "HAC559C90A4424313A563A413C467DBF0",
"header": "Request for recommendations",
"nested": [],
"links": []
},
{
"text": "(b) Recommendations \nIf the Secretary has reason to believe that a drug for which a request is made under subsection (a) is a cancer drug, the Secretary shall provide the person making the request written recommendations for the nonclinical and clinical investigations which the Secretary believes, on the basis of information available to the Secretary at the time of the request, would be necessary for— (1) approval of such drug for use for cancer under section 505; or (2) licensing of such drug for use for cancer under section 351 of the Public Health Service Act.",
"id": "H93FD4989E74B4BEB8645F8DABE2DB6B1",
"header": "Recommendations",
"nested": [],
"links": []
},
{
"text": "(c) Regulations \nThe Secretary shall by regulation promulgate procedures for the implementation of subsections (a) and (b).",
"id": "H36CACCC93E2F49759B667838C89B95F3",
"header": "Regulations",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "576. Designation of cancer drugs \n(a) Request for designation \nThe sponsor of a drug may request the Secretary to designate the drug as a cancer drug. A request for designation of a drug shall be made before the submission of an application under section 505(b) for the drug, or the submission of an application for licensing of the drug under section 351 of the Public Health Service Act. Such a request shall contain the consent of the applicant to notice being given by the Secretary under subsection (c) respecting the designation of the drug. (b) Designation \nIn the case of a drug for which a request is submitted under subsection (a), the Secretary shall designate the drug as a cancer drug if the Secretary finds that the drug is being or will be investigated for use for cancer. (c) Conditions \nA designation of a drug under subsection (b) shall be subject to the condition that— (1) after an application is approved for the drug under section 505(b) or a license is issued for the drug under section 351 of the Public Health Service Act, the manufacturer of the drug will notify the Secretary of any discontinuance of the production of the drug at least one year before discontinuance; and (2) before an application is approved for the drug under section 505(b) or a license is issued for the drug under section 351 of the Public Health Service Act, the sponsor of the drug will notify the Secretary of any decision to discontinue active pursuit of approval of an application under section 505(b) or approval of a license under section 351 of the Public Health Service Act. (d) Public availability of notice \nNotice respecting the designation of a drug under subsection (b) shall be made available to the public. (e) Regulations \nThe Secretary shall by regulation promulgate procedures for the implementation of subsections (a) and (b).",
"id": "H15E1F118C0E34E54AAC750F5B851CCDD",
"header": "Designation of cancer drugs",
"nested": [
{
"text": "(a) Request for designation \nThe sponsor of a drug may request the Secretary to designate the drug as a cancer drug. A request for designation of a drug shall be made before the submission of an application under section 505(b) for the drug, or the submission of an application for licensing of the drug under section 351 of the Public Health Service Act. Such a request shall contain the consent of the applicant to notice being given by the Secretary under subsection (c) respecting the designation of the drug.",
"id": "H2DF88523BAE44761004871C054C12F2D",
"header": "Request for designation",
"nested": [],
"links": []
},
{
"text": "(b) Designation \nIn the case of a drug for which a request is submitted under subsection (a), the Secretary shall designate the drug as a cancer drug if the Secretary finds that the drug is being or will be investigated for use for cancer.",
"id": "HCAA5DD36F64E441A97FE1EFBA01736F7",
"header": "Designation",
"nested": [],
"links": []
},
{
"text": "(c) Conditions \nA designation of a drug under subsection (b) shall be subject to the condition that— (1) after an application is approved for the drug under section 505(b) or a license is issued for the drug under section 351 of the Public Health Service Act, the manufacturer of the drug will notify the Secretary of any discontinuance of the production of the drug at least one year before discontinuance; and (2) before an application is approved for the drug under section 505(b) or a license is issued for the drug under section 351 of the Public Health Service Act, the sponsor of the drug will notify the Secretary of any decision to discontinue active pursuit of approval of an application under section 505(b) or approval of a license under section 351 of the Public Health Service Act.",
"id": "HCF4A72744FE24A75A4D97EC2913D6215",
"header": "Conditions",
"nested": [],
"links": []
},
{
"text": "(d) Public availability of notice \nNotice respecting the designation of a drug under subsection (b) shall be made available to the public.",
"id": "H4458DAC36E914B04B2A6437D43AEB20",
"header": "Public availability of notice",
"nested": [],
"links": []
},
{
"text": "(e) Regulations \nThe Secretary shall by regulation promulgate procedures for the implementation of subsections (a) and (b).",
"id": "H78FB326310834D52A5001BAEF1FD2247",
"header": "Regulations",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "577. Market protection for cancer drugs \n(a) In general \nExcept as provided in subsection (b), if the Secretary approves an application filed pursuant to section 505 for a drug designated under section 576 as a cancer drug, or if the Secretary issues a license under section 351 of the Public Health Service Act for such a drug, the Secretary may not approve another application under section 505 or issue another license under section 351 of the Public Health Service Act for such drug for a person who is not the holder of such approved application or of such license until the expiration of seven years from the date of the approval of the approved application or the issuance of the license. Section 505(c)(2) does not apply to the refusal to approve an application under the preceding sentence. (b) Exception \nIf an application filed pursuant to section 505 is approved for a drug designated under section 576 as a cancer drug or if a license is issued under section 351 of the Public Health Service Act for such a drug, the Secretary may, during the seven-year period beginning on the date of the application approval or of the issuance of the license, approve another application under section 505 or issue a license under section 351 of the Public Health Service Act for such drug for cancer for a person who is not the holder of such approved application or of such license if— (1) the Secretary finds, after providing the holder notice and opportunity for the submission of views, that in such period the holder of the approved application or of the license cannot assure the availability of sufficient quantities of the drug to meet the needs of persons with the cancer involved; or (2) such holder provides the Secretary in writing the consent of such holder for the approval of other applications or the issuance of other licenses before the expiration of such seven-year period.",
"id": "H9B9A55172B6B47F980004894BA641DCB",
"header": "Market protection for cancer drugs",
"nested": [
{
"text": "(a) In general \nExcept as provided in subsection (b), if the Secretary approves an application filed pursuant to section 505 for a drug designated under section 576 as a cancer drug, or if the Secretary issues a license under section 351 of the Public Health Service Act for such a drug, the Secretary may not approve another application under section 505 or issue another license under section 351 of the Public Health Service Act for such drug for a person who is not the holder of such approved application or of such license until the expiration of seven years from the date of the approval of the approved application or the issuance of the license. Section 505(c)(2) does not apply to the refusal to approve an application under the preceding sentence.",
"id": "H5F04EB6C20CA4F3FBCD0C6B3F0002C99",
"header": "In general",
"nested": [],
"links": []
},
{
"text": "(b) Exception \nIf an application filed pursuant to section 505 is approved for a drug designated under section 576 as a cancer drug or if a license is issued under section 351 of the Public Health Service Act for such a drug, the Secretary may, during the seven-year period beginning on the date of the application approval or of the issuance of the license, approve another application under section 505 or issue a license under section 351 of the Public Health Service Act for such drug for cancer for a person who is not the holder of such approved application or of such license if— (1) the Secretary finds, after providing the holder notice and opportunity for the submission of views, that in such period the holder of the approved application or of the license cannot assure the availability of sufficient quantities of the drug to meet the needs of persons with the cancer involved; or (2) such holder provides the Secretary in writing the consent of such holder for the approval of other applications or the issuance of other licenses before the expiration of such seven-year period.",
"id": "H1E6DD002DAC646EAB699153BA9E1958",
"header": "Exception",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "578. Open protocols for investigations of cancer drugs \nIf a drug is designated under section 576 as a cancer drug and if notice of a claimed exemption under section 505(i) or regulations issued thereunder is filed for such drug, the Secretary shall encourage the sponsor of such drug to design protocols for the drug which include persons with the cancer involved who need the drug to treat the cancer and who cannot be satisfactorily treated by available alternative drugs.",
"id": "H3FF912FA30084047922F18C04A51C75",
"header": "Open protocols for investigations of cancer drugs",
"nested": [],
"links": []
},
{
"text": "3. Abbreviated applications for new drugs; nonpatent market exclusivity for cancer drugs \nSection 505(j)(5)(F)(ii) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(j)(5)(F)(ii) ) is amended— (1) by striking (ii) and inserting (ii)(I) ; and (2) by adding at the end the following subclause: (II) With respect to an application under subsection (b) for a drug referred to in subclause (I), in any case in which the drug is for use for cancer, the reference in such subclause to five years is deemed to be ten years, the reference to four years is deemed to be eight years, the reference to forty-eight months is deemed to be ninety-six months, and the reference to seven and one-half years is deemed to be twelve and one-half years..",
"id": "HA0A78F570D8F441A97DCA9D6243644DB",
"header": "Abbreviated applications for new drugs; nonpatent market exclusivity for cancer drugs",
"nested": [],
"links": [
{
"text": "21 U.S.C. 355(j)(5)(F)(ii)",
"legal-doc": "usc",
"parsable-cite": "usc/21/355"
}
]
},
{
"text": "4. Extension of Patent Term on Cancer Drugs \nSection 156(c) of title 35, United States Code, is amended by adding at the end the following flush sentence: Paragraphs (2) and (3) shall not apply in the case of a drug approved for use for cancer..",
"id": "H6F53FC4D6C1E4037BD438B2109674E8E",
"header": "Extension of Patent Term on Cancer Drugs",
"nested": [],
"links": [
{
"text": "Section 156(c)",
"legal-doc": "usc",
"parsable-cite": "usc/35/156"
}
]
}
] | 8 | 1. Short title
This Act may be cited as the New War on Cancer Act. 2. Nonpatent market exclusivity for cancer drugs
Chapter V of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 351 et seq. ) is amended by adding at the end the following subchapter: G Cancer drugs
575. Recommendations for investigations of cancer drugs
(a) Request for recommendations
The sponsor of a drug intended for use for cancer (referred to in this subchapter as a cancer drug ) may request the Secretary to provide written recommendations for the nonclinical and clinical investigations which must be conducted with the drug before— (1) it may be approved for use for cancer under section 505; or (2) if the drug is a biological product, it may be licensed for use for cancer under section 351 of the Public Health Service Act. (b) Recommendations
If the Secretary has reason to believe that a drug for which a request is made under subsection (a) is a cancer drug, the Secretary shall provide the person making the request written recommendations for the nonclinical and clinical investigations which the Secretary believes, on the basis of information available to the Secretary at the time of the request, would be necessary for— (1) approval of such drug for use for cancer under section 505; or (2) licensing of such drug for use for cancer under section 351 of the Public Health Service Act. (c) Regulations
The Secretary shall by regulation promulgate procedures for the implementation of subsections (a) and (b). 576. Designation of cancer drugs
(a) Request for designation
The sponsor of a drug may request the Secretary to designate the drug as a cancer drug. A request for designation of a drug shall be made before the submission of an application under section 505(b) for the drug, or the submission of an application for licensing of the drug under section 351 of the Public Health Service Act. Such a request shall contain the consent of the applicant to notice being given by the Secretary under subsection (c) respecting the designation of the drug. (b) Designation
In the case of a drug for which a request is submitted under subsection (a), the Secretary shall designate the drug as a cancer drug if the Secretary finds that the drug is being or will be investigated for use for cancer. (c) Conditions
A designation of a drug under subsection (b) shall be subject to the condition that— (1) after an application is approved for the drug under section 505(b) or a license is issued for the drug under section 351 of the Public Health Service Act, the manufacturer of the drug will notify the Secretary of any discontinuance of the production of the drug at least one year before discontinuance; and (2) before an application is approved for the drug under section 505(b) or a license is issued for the drug under section 351 of the Public Health Service Act, the sponsor of the drug will notify the Secretary of any decision to discontinue active pursuit of approval of an application under section 505(b) or approval of a license under section 351 of the Public Health Service Act. (d) Public availability of notice
Notice respecting the designation of a drug under subsection (b) shall be made available to the public. (e) Regulations
The Secretary shall by regulation promulgate procedures for the implementation of subsections (a) and (b). 577. Market protection for cancer drugs
(a) In general
Except as provided in subsection (b), if the Secretary approves an application filed pursuant to section 505 for a drug designated under section 576 as a cancer drug, or if the Secretary issues a license under section 351 of the Public Health Service Act for such a drug, the Secretary may not approve another application under section 505 or issue another license under section 351 of the Public Health Service Act for such drug for a person who is not the holder of such approved application or of such license until the expiration of seven years from the date of the approval of the approved application or the issuance of the license. Section 505(c)(2) does not apply to the refusal to approve an application under the preceding sentence. (b) Exception
If an application filed pursuant to section 505 is approved for a drug designated under section 576 as a cancer drug or if a license is issued under section 351 of the Public Health Service Act for such a drug, the Secretary may, during the seven-year period beginning on the date of the application approval or of the issuance of the license, approve another application under section 505 or issue a license under section 351 of the Public Health Service Act for such drug for cancer for a person who is not the holder of such approved application or of such license if— (1) the Secretary finds, after providing the holder notice and opportunity for the submission of views, that in such period the holder of the approved application or of the license cannot assure the availability of sufficient quantities of the drug to meet the needs of persons with the cancer involved; or (2) such holder provides the Secretary in writing the consent of such holder for the approval of other applications or the issuance of other licenses before the expiration of such seven-year period. 578. Open protocols for investigations of cancer drugs
If a drug is designated under section 576 as a cancer drug and if notice of a claimed exemption under section 505(i) or regulations issued thereunder is filed for such drug, the Secretary shall encourage the sponsor of such drug to design protocols for the drug which include persons with the cancer involved who need the drug to treat the cancer and who cannot be satisfactorily treated by available alternative drugs.. 575. Recommendations for investigations of cancer drugs
(a) Request for recommendations
The sponsor of a drug intended for use for cancer (referred to in this subchapter as a cancer drug ) may request the Secretary to provide written recommendations for the nonclinical and clinical investigations which must be conducted with the drug before— (1) it may be approved for use for cancer under section 505; or (2) if the drug is a biological product, it may be licensed for use for cancer under section 351 of the Public Health Service Act. (b) Recommendations
If the Secretary has reason to believe that a drug for which a request is made under subsection (a) is a cancer drug, the Secretary shall provide the person making the request written recommendations for the nonclinical and clinical investigations which the Secretary believes, on the basis of information available to the Secretary at the time of the request, would be necessary for— (1) approval of such drug for use for cancer under section 505; or (2) licensing of such drug for use for cancer under section 351 of the Public Health Service Act. (c) Regulations
The Secretary shall by regulation promulgate procedures for the implementation of subsections (a) and (b). 576. Designation of cancer drugs
(a) Request for designation
The sponsor of a drug may request the Secretary to designate the drug as a cancer drug. A request for designation of a drug shall be made before the submission of an application under section 505(b) for the drug, or the submission of an application for licensing of the drug under section 351 of the Public Health Service Act. Such a request shall contain the consent of the applicant to notice being given by the Secretary under subsection (c) respecting the designation of the drug. (b) Designation
In the case of a drug for which a request is submitted under subsection (a), the Secretary shall designate the drug as a cancer drug if the Secretary finds that the drug is being or will be investigated for use for cancer. (c) Conditions
A designation of a drug under subsection (b) shall be subject to the condition that— (1) after an application is approved for the drug under section 505(b) or a license is issued for the drug under section 351 of the Public Health Service Act, the manufacturer of the drug will notify the Secretary of any discontinuance of the production of the drug at least one year before discontinuance; and (2) before an application is approved for the drug under section 505(b) or a license is issued for the drug under section 351 of the Public Health Service Act, the sponsor of the drug will notify the Secretary of any decision to discontinue active pursuit of approval of an application under section 505(b) or approval of a license under section 351 of the Public Health Service Act. (d) Public availability of notice
Notice respecting the designation of a drug under subsection (b) shall be made available to the public. (e) Regulations
The Secretary shall by regulation promulgate procedures for the implementation of subsections (a) and (b). 577. Market protection for cancer drugs
(a) In general
Except as provided in subsection (b), if the Secretary approves an application filed pursuant to section 505 for a drug designated under section 576 as a cancer drug, or if the Secretary issues a license under section 351 of the Public Health Service Act for such a drug, the Secretary may not approve another application under section 505 or issue another license under section 351 of the Public Health Service Act for such drug for a person who is not the holder of such approved application or of such license until the expiration of seven years from the date of the approval of the approved application or the issuance of the license. Section 505(c)(2) does not apply to the refusal to approve an application under the preceding sentence. (b) Exception
If an application filed pursuant to section 505 is approved for a drug designated under section 576 as a cancer drug or if a license is issued under section 351 of the Public Health Service Act for such a drug, the Secretary may, during the seven-year period beginning on the date of the application approval or of the issuance of the license, approve another application under section 505 or issue a license under section 351 of the Public Health Service Act for such drug for cancer for a person who is not the holder of such approved application or of such license if— (1) the Secretary finds, after providing the holder notice and opportunity for the submission of views, that in such period the holder of the approved application or of the license cannot assure the availability of sufficient quantities of the drug to meet the needs of persons with the cancer involved; or (2) such holder provides the Secretary in writing the consent of such holder for the approval of other applications or the issuance of other licenses before the expiration of such seven-year period. 578. Open protocols for investigations of cancer drugs
If a drug is designated under section 576 as a cancer drug and if notice of a claimed exemption under section 505(i) or regulations issued thereunder is filed for such drug, the Secretary shall encourage the sponsor of such drug to design protocols for the drug which include persons with the cancer involved who need the drug to treat the cancer and who cannot be satisfactorily treated by available alternative drugs. 3. Abbreviated applications for new drugs; nonpatent market exclusivity for cancer drugs
Section 505(j)(5)(F)(ii) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(j)(5)(F)(ii) ) is amended— (1) by striking (ii) and inserting (ii)(I) ; and (2) by adding at the end the following subclause: (II) With respect to an application under subsection (b) for a drug referred to in subclause (I), in any case in which the drug is for use for cancer, the reference in such subclause to five years is deemed to be ten years, the reference to four years is deemed to be eight years, the reference to forty-eight months is deemed to be ninety-six months, and the reference to seven and one-half years is deemed to be twelve and one-half years.. 4. Extension of Patent Term on Cancer Drugs
Section 156(c) of title 35, United States Code, is amended by adding at the end the following flush sentence: Paragraphs (2) and (3) shall not apply in the case of a drug approved for use for cancer.. | 12,165 | [
"Judiciary Committee",
"Energy and Commerce Committee"
] |
108hr5152ih | 108 | hr | 5,152 | ih | To require the Secretary of Defense to take such actions as are necessary to change the reimbursement rates and cost sharing requirements under the TRICARE program to be the same as, or as similar as possible to, the reimbursement rates and cost sharing requirements under the Blue Cross/Blue Shield Standard Plan provided under the Federal Employee Health Benefit program under chapter 89 of title 5, United States Code. | [
{
"text": "1. Requirement for TRICARE program to have reimbursement rules and cost sharing requirements equivalent to Blue Cross/Blue Shield Standard Plan \n(a) Requirement \nThe Secretary of Defense shall take such actions as are necessary to change the reimbursement rules and cost sharing requirements under the TRICARE program to be the same as, or as similar as possible to, the reimbursement rules and cost sharing requirements under the Blue Cross/Blue Shield Standard Plan provided under the Federal Employee Health Benefit program under chapter 89 of title 5, United States Code. (b) Definition \nIn this section, the term TRICARE program has the meaning provided under section 1072(7) of title 10, United States Code. (c) Implementation \nThe Secretary of Defense shall implement the requirement under subsection (a) not later than October 1, 2005.",
"id": "H4D022618CFE44CB09F6C5CC62C74F6E2",
"header": "Requirement for TRICARE program to have reimbursement rules and cost sharing requirements equivalent to Blue Cross/Blue Shield Standard Plan",
"nested": [
{
"text": "(a) Requirement \nThe Secretary of Defense shall take such actions as are necessary to change the reimbursement rules and cost sharing requirements under the TRICARE program to be the same as, or as similar as possible to, the reimbursement rules and cost sharing requirements under the Blue Cross/Blue Shield Standard Plan provided under the Federal Employee Health Benefit program under chapter 89 of title 5, United States Code.",
"id": "HE312A091F277431882350524EBC3C934",
"header": "Requirement",
"nested": [],
"links": [
{
"text": "chapter 89",
"legal-doc": "usc-chapter",
"parsable-cite": "usc-chapter/5/89"
}
]
},
{
"text": "(b) Definition \nIn this section, the term TRICARE program has the meaning provided under section 1072(7) of title 10, United States Code.",
"id": "H4F55221D9F314F31B968D7A75DF15CDA",
"header": "Definition",
"nested": [],
"links": [
{
"text": "section 1072(7)",
"legal-doc": "usc",
"parsable-cite": "usc/10/1072"
}
]
},
{
"text": "(c) Implementation \nThe Secretary of Defense shall implement the requirement under subsection (a) not later than October 1, 2005.",
"id": "H54220DB771694C8BAAB975C5CBCE71B0",
"header": "Implementation",
"nested": [],
"links": []
}
],
"links": [
{
"text": "chapter 89",
"legal-doc": "usc-chapter",
"parsable-cite": "usc-chapter/5/89"
},
{
"text": "section 1072(7)",
"legal-doc": "usc",
"parsable-cite": "usc/10/1072"
}
]
}
] | 1 | 1. Requirement for TRICARE program to have reimbursement rules and cost sharing requirements equivalent to Blue Cross/Blue Shield Standard Plan
(a) Requirement
The Secretary of Defense shall take such actions as are necessary to change the reimbursement rules and cost sharing requirements under the TRICARE program to be the same as, or as similar as possible to, the reimbursement rules and cost sharing requirements under the Blue Cross/Blue Shield Standard Plan provided under the Federal Employee Health Benefit program under chapter 89 of title 5, United States Code. (b) Definition
In this section, the term TRICARE program has the meaning provided under section 1072(7) of title 10, United States Code. (c) Implementation
The Secretary of Defense shall implement the requirement under subsection (a) not later than October 1, 2005. | 843 | [
"Armed Services Committee"
] |
108hr3712ih | 108 | hr | 3,712 | ih | To improve seaport security. | [
{
"text": "1. Short title \nThis Act may be cited as the.",
"id": "HF0FE3F14DD1D4F70BB72E2029624E6C4",
"header": "Short title",
"nested": [],
"links": []
},
{
"text": "2. Findings \nCongress finds the following: (1) The Nation’s 361 seaports are considered a major terrorist target. Al Qaeda has strong ties to the shipping industry and one of the aims of this terrorist network is to weaken the economic security of our country. (2) The Nation’s coastline is our longest border, which is a 95,000-mile coast that includes the Great Lakes and inland waterways. (3) Protecting America’s seaports is critical to the Nation’s economic growth and vitality. Seaports handle 95 percent of our Nation’s overseas trade by volume, support the mobilization and deployment of the Armed Forces, and serve as transit points for millions of cruise and ferry passengers. (4) Maritime industries contribute $742,000,000,000 per year to our Gross National Product. (5) The United States Coast Guard has issued final regulations that call for an immediate and long-term investment in the security of our seaports. (6) According to the United States Coast Guard, implementing these regulations will cost $1,125,000,000 in the first year and $5,450,000,000 over 10 years. (7) Given the Nation’s economic dependence on our seaports and our ongoing national security concerns, seaport security funding and the need for Federal support for the Nation’s security should be ongoing. (8) Given the enormity of the seaport capital infrastructure projects, Congress needs to establish a multi-year seaport grant program that resembles the Letter of Intent measures established in the aviation security program. (9) The continuing security and economic needs that face the Nation and our seaports should be recognized by the implementation of this Act.",
"id": "HDDF11AB2549C4C3AA6CF439462F8C698",
"header": "Findings",
"nested": [],
"links": []
},
{
"text": "3. Seaport security improvement projects \n(a) Grant authority \nSubject to the requirements of this section, the Secretary of Homeland Security may make grants to seaports to enhance security. (b) Applications \nA seaport seeking a grant under this section shall submit to the Secretary an application in such form and containing such information as the Secretary prescribes. (c) Grant awards \n(1) In general \nThe Secretary, after consultation with the Secretary of Transportation, may approve an application of a seaport for a grant under this section only if the Secretary determines that the project will improve security at a seaport or improve the efficiency of the seaport without lessening security. (2) Priority \nThe Secretary shall give priority in awarding grants under this section to seaports that the Secretary considers will impact or enhance the Nation’s seaport security. (d) Matching requirements \n(1) 75-percent Federal funding \nExcept as provided in paragraph (2), Federal funds for any eligible project under this section shall not exceed 75 percent of the total cost of such project. (2) Exceptions \n(A) Small projects \nA seaport with a project under subsection (a) that costs less than $25,000 shall not be required to match Federal funds. (B) Higher level of support required \nIf the Secretary determines that a proposed project merits support and cannot be undertaken without a higher rate of Federal support, the Secretary may approve grants under this section with a matching requirement other than that specified in paragraph (1). (e) Letters of intent \n(1) Issuance \nThe Secretary may issue a letter of intent to a seaport committing to obligate from future budget authority an amount, not more than the Federal Government’s share of the project’s cost, for a seaport security improvement project (including interest costs and costs of formulating the project). (2) Schedule \nA letter of intent under this subsection shall establish a schedule under which the Secretary will reimburse the seaport for the Government’s share of the project’s costs, as amounts become available, if the seaport, after the Secretary issues the letter, carries out the project without receiving amounts under this section. (3) Notice to secretary \nA seaport that has been issued a letter of intent under this subsection shall notify the Secretary of the seaport’s intent to carry out a project before the project begins. (4) Notice to congress \nThe Secretary shall transmit to the Committees on Appropriations and Transportation and Infrastructure of the House of Representatives and the Committees on Appropriations and Commerce, Science and Transportation of the Senate a written notification at least 3 days before the issuance of a letter of intent under this section. (5) Limitations \nA letter of intent issued under this subsection is not an obligation of the Government under section 1501 of title 31, and the letter is not deemed to be an administrative commitment for financing. An obligation or administrative commitment may be made only as amounts are provided in authorization and appropriations laws. (6) Statutory construction \nNothing in this subsection shall be construed to prohibit the obligation of amounts pursuant to a letter of intent under this subsection in the same fiscal year as the letter of intent is issued. (f) Application of Additional Requirements \nThe Secretary may require as a condition for issuance of a letter of intent such reasonable administrative requirements as necessary to carry out the provisions of this Act. (g) Secretary defined \nUnless otherwise provided, in this section, the term Secretary means the Secretary of Homeland Security. (h) Notification to committee \nThe Secretary shall notify the appropriate committees of Congress when a grant is made under this section. (i) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $800,000,000 for each of fiscal years 2005 through 2009. Such sums shall remain available until expended.",
"id": "HBC3AD044157444CDA611FA2836A9BF1C",
"header": "Seaport security improvement projects",
"nested": [
{
"text": "(a) Grant authority \nSubject to the requirements of this section, the Secretary of Homeland Security may make grants to seaports to enhance security.",
"id": "HDE0043B0D9644505A6117DAD2C64A67D",
"header": "Grant authority",
"nested": [],
"links": []
},
{
"text": "(b) Applications \nA seaport seeking a grant under this section shall submit to the Secretary an application in such form and containing such information as the Secretary prescribes.",
"id": "HC18C8414EB184C1BAC4FCF5C582BCCF",
"header": "Applications",
"nested": [],
"links": []
},
{
"text": "(c) Grant awards \n(1) In general \nThe Secretary, after consultation with the Secretary of Transportation, may approve an application of a seaport for a grant under this section only if the Secretary determines that the project will improve security at a seaport or improve the efficiency of the seaport without lessening security. (2) Priority \nThe Secretary shall give priority in awarding grants under this section to seaports that the Secretary considers will impact or enhance the Nation’s seaport security.",
"id": "H339C8329C82544CABDCB8E9247CD7518",
"header": "Grant awards",
"nested": [],
"links": []
},
{
"text": "(d) Matching requirements \n(1) 75-percent Federal funding \nExcept as provided in paragraph (2), Federal funds for any eligible project under this section shall not exceed 75 percent of the total cost of such project. (2) Exceptions \n(A) Small projects \nA seaport with a project under subsection (a) that costs less than $25,000 shall not be required to match Federal funds. (B) Higher level of support required \nIf the Secretary determines that a proposed project merits support and cannot be undertaken without a higher rate of Federal support, the Secretary may approve grants under this section with a matching requirement other than that specified in paragraph (1).",
"id": "H97A1ECEC13D64852BF120213BF72C331",
"header": "Matching requirements",
"nested": [],
"links": []
},
{
"text": "(e) Letters of intent \n(1) Issuance \nThe Secretary may issue a letter of intent to a seaport committing to obligate from future budget authority an amount, not more than the Federal Government’s share of the project’s cost, for a seaport security improvement project (including interest costs and costs of formulating the project). (2) Schedule \nA letter of intent under this subsection shall establish a schedule under which the Secretary will reimburse the seaport for the Government’s share of the project’s costs, as amounts become available, if the seaport, after the Secretary issues the letter, carries out the project without receiving amounts under this section. (3) Notice to secretary \nA seaport that has been issued a letter of intent under this subsection shall notify the Secretary of the seaport’s intent to carry out a project before the project begins. (4) Notice to congress \nThe Secretary shall transmit to the Committees on Appropriations and Transportation and Infrastructure of the House of Representatives and the Committees on Appropriations and Commerce, Science and Transportation of the Senate a written notification at least 3 days before the issuance of a letter of intent under this section. (5) Limitations \nA letter of intent issued under this subsection is not an obligation of the Government under section 1501 of title 31, and the letter is not deemed to be an administrative commitment for financing. An obligation or administrative commitment may be made only as amounts are provided in authorization and appropriations laws. (6) Statutory construction \nNothing in this subsection shall be construed to prohibit the obligation of amounts pursuant to a letter of intent under this subsection in the same fiscal year as the letter of intent is issued.",
"id": "HE1541685912145B0915B9B3F4ED9DC74",
"header": "Letters of intent",
"nested": [],
"links": [
{
"text": "section 1501",
"legal-doc": "usc",
"parsable-cite": "usc/31/1501"
}
]
},
{
"text": "(f) Application of Additional Requirements \nThe Secretary may require as a condition for issuance of a letter of intent such reasonable administrative requirements as necessary to carry out the provisions of this Act.",
"id": "H582D8259B3174B57A1BD3F7F76EF039D",
"header": "Application of Additional Requirements",
"nested": [],
"links": []
},
{
"text": "(g) Secretary defined \nUnless otherwise provided, in this section, the term Secretary means the Secretary of Homeland Security.",
"id": "HBF86D43E5D1049B500D95719CDE4201",
"header": "Secretary defined",
"nested": [],
"links": []
},
{
"text": "(h) Notification to committee \nThe Secretary shall notify the appropriate committees of Congress when a grant is made under this section.",
"id": "H9677870F5BB742A9B21ED012022E383D",
"header": "Notification to committee",
"nested": [],
"links": []
},
{
"text": "(i) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $800,000,000 for each of fiscal years 2005 through 2009. Such sums shall remain available until expended.",
"id": "HBF25966411F64F08A77F8C9F3BAF06FF",
"header": "Authorization of appropriations",
"nested": [],
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}
],
"links": [
{
"text": "section 1501",
"legal-doc": "usc",
"parsable-cite": "usc/31/1501"
}
]
}
] | 3 | 1. Short title
This Act may be cited as the. 2. Findings
Congress finds the following: (1) The Nation’s 361 seaports are considered a major terrorist target. Al Qaeda has strong ties to the shipping industry and one of the aims of this terrorist network is to weaken the economic security of our country. (2) The Nation’s coastline is our longest border, which is a 95,000-mile coast that includes the Great Lakes and inland waterways. (3) Protecting America’s seaports is critical to the Nation’s economic growth and vitality. Seaports handle 95 percent of our Nation’s overseas trade by volume, support the mobilization and deployment of the Armed Forces, and serve as transit points for millions of cruise and ferry passengers. (4) Maritime industries contribute $742,000,000,000 per year to our Gross National Product. (5) The United States Coast Guard has issued final regulations that call for an immediate and long-term investment in the security of our seaports. (6) According to the United States Coast Guard, implementing these regulations will cost $1,125,000,000 in the first year and $5,450,000,000 over 10 years. (7) Given the Nation’s economic dependence on our seaports and our ongoing national security concerns, seaport security funding and the need for Federal support for the Nation’s security should be ongoing. (8) Given the enormity of the seaport capital infrastructure projects, Congress needs to establish a multi-year seaport grant program that resembles the Letter of Intent measures established in the aviation security program. (9) The continuing security and economic needs that face the Nation and our seaports should be recognized by the implementation of this Act. 3. Seaport security improvement projects
(a) Grant authority
Subject to the requirements of this section, the Secretary of Homeland Security may make grants to seaports to enhance security. (b) Applications
A seaport seeking a grant under this section shall submit to the Secretary an application in such form and containing such information as the Secretary prescribes. (c) Grant awards
(1) In general
The Secretary, after consultation with the Secretary of Transportation, may approve an application of a seaport for a grant under this section only if the Secretary determines that the project will improve security at a seaport or improve the efficiency of the seaport without lessening security. (2) Priority
The Secretary shall give priority in awarding grants under this section to seaports that the Secretary considers will impact or enhance the Nation’s seaport security. (d) Matching requirements
(1) 75-percent Federal funding
Except as provided in paragraph (2), Federal funds for any eligible project under this section shall not exceed 75 percent of the total cost of such project. (2) Exceptions
(A) Small projects
A seaport with a project under subsection (a) that costs less than $25,000 shall not be required to match Federal funds. (B) Higher level of support required
If the Secretary determines that a proposed project merits support and cannot be undertaken without a higher rate of Federal support, the Secretary may approve grants under this section with a matching requirement other than that specified in paragraph (1). (e) Letters of intent
(1) Issuance
The Secretary may issue a letter of intent to a seaport committing to obligate from future budget authority an amount, not more than the Federal Government’s share of the project’s cost, for a seaport security improvement project (including interest costs and costs of formulating the project). (2) Schedule
A letter of intent under this subsection shall establish a schedule under which the Secretary will reimburse the seaport for the Government’s share of the project’s costs, as amounts become available, if the seaport, after the Secretary issues the letter, carries out the project without receiving amounts under this section. (3) Notice to secretary
A seaport that has been issued a letter of intent under this subsection shall notify the Secretary of the seaport’s intent to carry out a project before the project begins. (4) Notice to congress
The Secretary shall transmit to the Committees on Appropriations and Transportation and Infrastructure of the House of Representatives and the Committees on Appropriations and Commerce, Science and Transportation of the Senate a written notification at least 3 days before the issuance of a letter of intent under this section. (5) Limitations
A letter of intent issued under this subsection is not an obligation of the Government under section 1501 of title 31, and the letter is not deemed to be an administrative commitment for financing. An obligation or administrative commitment may be made only as amounts are provided in authorization and appropriations laws. (6) Statutory construction
Nothing in this subsection shall be construed to prohibit the obligation of amounts pursuant to a letter of intent under this subsection in the same fiscal year as the letter of intent is issued. (f) Application of Additional Requirements
The Secretary may require as a condition for issuance of a letter of intent such reasonable administrative requirements as necessary to carry out the provisions of this Act. (g) Secretary defined
Unless otherwise provided, in this section, the term Secretary means the Secretary of Homeland Security. (h) Notification to committee
The Secretary shall notify the appropriate committees of Congress when a grant is made under this section. (i) Authorization of appropriations
There is authorized to be appropriated to carry out this section $800,000,000 for each of fiscal years 2005 through 2009. Such sums shall remain available until expended. | 5,735 | [
"Transportation and Infrastructure Committee"
] |
108hr4927ih | 108 | hr | 4,927 | ih | To amend title XVIII of the Social Security Act to improve the benefits under the Medicare Program for beneficiaries with kidney disease, and for other purposes. | [
{
"text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the ESRD Modernization 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—Modernizing the medicare ESRD payment system Sec. 101. Establishment of annual update framework for the medicare ESRD composite rate Title II—Patient education, quality, access and safety initiatives Sec. 201. Support of public and patient education initiatives regarding kidney disease Sec. 202. Medicare coverage of kidney disease patient education services Sec. 203. Blood flow monitoring demonstration projects Title III—Financing and coverage for ESRD patients Sec. 301. Improving the home dialysis benefit Sec. 302. Institute of Medicine evaluation and report on home dialysis Title IV—Sustainable economics Sec. 401. Modification of physician surgical reimbursement for dialysis access procedures to align incentives for cost and quality Sec. 402. Demonstration project for outcomes-based ESRD reimbursement system Sec. 403. GAO study and report on impact of G-codes",
"id": "H8FDE2BB56BBC4B3D94140899B4D6503D",
"header": "Short title; table of contents",
"nested": [
{
"text": "(a) Short title \nThis Act may be cited as the ESRD Modernization Act of 2004.",
"id": "H7632BBDAD812458B9701EB12F6FB359D",
"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—Modernizing the medicare ESRD payment system Sec. 101. Establishment of annual update framework for the medicare ESRD composite rate Title II—Patient education, quality, access and safety initiatives Sec. 201. Support of public and patient education initiatives regarding kidney disease Sec. 202. Medicare coverage of kidney disease patient education services Sec. 203. Blood flow monitoring demonstration projects Title III—Financing and coverage for ESRD patients Sec. 301. Improving the home dialysis benefit Sec. 302. Institute of Medicine evaluation and report on home dialysis Title IV—Sustainable economics Sec. 401. Modification of physician surgical reimbursement for dialysis access procedures to align incentives for cost and quality Sec. 402. Demonstration project for outcomes-based ESRD reimbursement system Sec. 403. GAO study and report on impact of G-codes",
"id": "H3FB34B11B0504AB3BF797900AA9221F6",
"header": "Table of contents",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "101. Establishment of annual update framework for the medicare ESRD composite rate \n(a) In general \nSection 1881(b)(12)(F) of the Social Security Act ( 42 U.S.C. 1395rr(b)(12)(F) ), as added by section 623(d) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ; 117 Stat. 2313), is amended to read as follows: (F) Beginning with 2006, the Secretary shall annually increase the basic case-mix adjusted payment amounts established under this paragraph— (i) with respect to the composite rate component of the basic case-mix adjusted system described in subparagraph (B)(i), by the ESRD market basket percentage increase (as defined in paragraph (14)(A) and including any additional factors that may increase costs described in paragraph (14)(B)) above such composite rate payment amounts for such services furnished on December 31 of the previous year; and (ii) with respect to the component of the basic case-mix adjusted system described in clause (ii) of subparagraph (B), by— (I) applying the estimated growth in expenditures for drugs and biologicals (including erythropoietin) that are separately billable to such component; and (II) converting the amount determined in subclause (I) to an increase applicable to the basic case-mix adjusted payment amounts established under such subparagraph.. (b) ESRD market basket percentage increase defined \nSection 1881(b) of the Social Security Act ( 42 U.S.C. 1395rr(b) ), as amended by section 623(d) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ; 117 Stat. 2313) is amended by adding at the end the following new paragraph: (14) (A) For purposes of this title, the term ESRD market basket percentage increase means, with respect to a calendar year, the percentage (estimated by the Secretary before the beginning of such year) by which— (i) the cost of the mix of goods and services included in the provision of dialysis services (including the costs described in subparagraph (D)) that is determined based on an index of appropriately weighted indicators of changes in wages and prices which are representative of the mix of goods and services included in such dialysis services for the calendar year; exceeds (ii) the cost of such mix of goods and services for the preceding calendar year. (B) In addition to determining the percentage update under subparagraph (A), the Secretary shall also take into account any change in the costs of furnishing the mix of goods and services described in such subparagraph resulting from— (i) the adoption of scientific and technological innovations used to provide dialysis services; (ii) changes in the manner or method of delivering dialysis services; (iii) productivity improvements in the provision of dialysis services; and (iv) any other relevant factor. (C) The Secretary shall annually review and update the items and services included in the mix of goods and services used to determine the percentage under subparagraph (A). (D) The costs described in this subparagraph include— (i) labor costs, including direct patient care costs and administrative labor costs, vacation and holiday pay, payroll taxes, and employee benefits; (ii) other direct costs, including drugs, supplies, and laboratory fees; (iii) overhead costs, including medical director fees, temporary services, general and administrative costs, interest expenses, and bad debt; (iv) capital costs, including rent, real estate taxes, depreciation, utilities, repairs, and maintenance; and (v) such other allowable costs as the Secretary may specify..",
"id": "H0815B69A2BFC4EA0A71EE5672F7B9013",
"header": "Establishment of annual update framework for the medicare ESRD composite rate",
"nested": [
{
"text": "(a) In general \nSection 1881(b)(12)(F) of the Social Security Act ( 42 U.S.C. 1395rr(b)(12)(F) ), as added by section 623(d) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ; 117 Stat. 2313), is amended to read as follows: (F) Beginning with 2006, the Secretary shall annually increase the basic case-mix adjusted payment amounts established under this paragraph— (i) with respect to the composite rate component of the basic case-mix adjusted system described in subparagraph (B)(i), by the ESRD market basket percentage increase (as defined in paragraph (14)(A) and including any additional factors that may increase costs described in paragraph (14)(B)) above such composite rate payment amounts for such services furnished on December 31 of the previous year; and (ii) with respect to the component of the basic case-mix adjusted system described in clause (ii) of subparagraph (B), by— (I) applying the estimated growth in expenditures for drugs and biologicals (including erythropoietin) that are separately billable to such component; and (II) converting the amount determined in subclause (I) to an increase applicable to the basic case-mix adjusted payment amounts established under such subparagraph..",
"id": "HFA809177AE314D789314A0C75BEB915B",
"header": "In general",
"nested": [],
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"text": "42 U.S.C. 1395rr(b)(12)(F)",
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"text": "Public Law 108–173",
"legal-doc": "public-law",
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},
{
"text": "(b) ESRD market basket percentage increase defined \nSection 1881(b) of the Social Security Act ( 42 U.S.C. 1395rr(b) ), as amended by section 623(d) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ; 117 Stat. 2313) is amended by adding at the end the following new paragraph: (14) (A) For purposes of this title, the term ESRD market basket percentage increase means, with respect to a calendar year, the percentage (estimated by the Secretary before the beginning of such year) by which— (i) the cost of the mix of goods and services included in the provision of dialysis services (including the costs described in subparagraph (D)) that is determined based on an index of appropriately weighted indicators of changes in wages and prices which are representative of the mix of goods and services included in such dialysis services for the calendar year; exceeds (ii) the cost of such mix of goods and services for the preceding calendar year. (B) In addition to determining the percentage update under subparagraph (A), the Secretary shall also take into account any change in the costs of furnishing the mix of goods and services described in such subparagraph resulting from— (i) the adoption of scientific and technological innovations used to provide dialysis services; (ii) changes in the manner or method of delivering dialysis services; (iii) productivity improvements in the provision of dialysis services; and (iv) any other relevant factor. (C) The Secretary shall annually review and update the items and services included in the mix of goods and services used to determine the percentage under subparagraph (A). (D) The costs described in this subparagraph include— (i) labor costs, including direct patient care costs and administrative labor costs, vacation and holiday pay, payroll taxes, and employee benefits; (ii) other direct costs, including drugs, supplies, and laboratory fees; (iii) overhead costs, including medical director fees, temporary services, general and administrative costs, interest expenses, and bad debt; (iv) capital costs, including rent, real estate taxes, depreciation, utilities, repairs, and maintenance; and (v) such other allowable costs as the Secretary may specify..",
"id": "H525BB7C874C14C14B9A132838812C83D",
"header": "ESRD market basket percentage increase defined",
"nested": [],
"links": [
{
"text": "42 U.S.C. 1395rr(b)",
"legal-doc": "usc",
"parsable-cite": "usc/42/1395rr"
},
{
"text": "Public Law 108–173",
"legal-doc": "public-law",
"parsable-cite": "pl/108/173"
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}
],
"links": [
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"text": "42 U.S.C. 1395rr(b)(12)(F)",
"legal-doc": "usc",
"parsable-cite": "usc/42/1395rr"
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{
"text": "Public Law 108–173",
"legal-doc": "public-law",
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{
"text": "42 U.S.C. 1395rr(b)",
"legal-doc": "usc",
"parsable-cite": "usc/42/1395rr"
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{
"text": "Public Law 108–173",
"legal-doc": "public-law",
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},
{
"text": "201. Support of public and patient education initiatives regarding kidney disease \n(a) Chronic kidney disease demonstration projects \n(1) In general \nThe Secretary of Health and Human Services (in this section referred to as the Secretary ) shall establish demonstration projects to— (A) increase public awareness about the factors that lead to chronic kidney disease, how to prevent it, how to treat it, and how to avoid kidney failure; and (B) enhance surveillance systems and expand research to better assess the prevalence and incidence of chronic kidney disease. (2) Scope and duration \n(A) Scope \nThe Secretary shall select at least 3 States in which to conduct demonstration projects under this subsection. In selecting the States under this subparagraph, the Secretary shall take into account the size of the population of medicare beneficiaries with end-stage renal disease and ensure the participation of individuals who reside in rural and urban areas. (B) Duration \nThe demonstration projects under this subsection shall be conducted for a period that is not longer than 5 years that begins on January 1, 2006. (3) Evaluation and report \n(A) Evaluation \nThe Secretary shall conduct an evaluation of the demonstration projects conducted under this subsection. (B) Report \nNot later than 6 months after the date on which the demonstration projects under this subsection are completed, the Secretary shall submit to Congress a report on the evaluation conducted under subparagraph (A) together with recommendations for such legislation and administrative action as the Secretary determines appropriate. (4) Authorization of appropriations \nThere are authorized to be appropriated to carry out this subsection $2,000,000 for each of fiscal years 2006 through 2010. (b) ESRD self-management demonstration projects \n(1) In general \nThe Secretary shall establish demonstration projects to enable individuals with end-stage renal disease to develop self-management skills. (2) Scope and duration \n(A) Scope \nThe Secretary shall select at least 3 States in which to conduct demonstration projects under this subsection. In selecting the States under this subparagraph, the Secretary shall take into account the size of the population of medicare beneficiaries with end-stage renal disease and ensure the participation of individuals who reside in rural and urban areas. (B) Duration \nThe demonstration projects under this section shall be conducted for a period that is not longer than 5 years that begins on January 1, 2006. (3) Evaluation and report \n(A) Evaluation \nThe Secretary shall conduct an evaluation of the demonstration projects conducted under this subsection. (B) Report \nNot later than 6 months after the date on which the demonstration projects under this subsection are completed, the Secretary shall submit to Congress a report on the evaluation conducted under subparagraph (A) together with recommendations for such legislation and administrative action as the Secretary determines appropriate. (4) Authorization of appropriations \nThere are authorized to be appropriated to carry out this subsection $2,000,000 for each of fiscal years 2006 through 2010.”.",
"id": "H2F3149B8CEE44DAD972DB3F203EC4C8D",
"header": "Support of public and patient education initiatives regarding kidney disease",
"nested": [
{
"text": "(a) Chronic kidney disease demonstration projects \n(1) In general \nThe Secretary of Health and Human Services (in this section referred to as the Secretary ) shall establish demonstration projects to— (A) increase public awareness about the factors that lead to chronic kidney disease, how to prevent it, how to treat it, and how to avoid kidney failure; and (B) enhance surveillance systems and expand research to better assess the prevalence and incidence of chronic kidney disease. (2) Scope and duration \n(A) Scope \nThe Secretary shall select at least 3 States in which to conduct demonstration projects under this subsection. In selecting the States under this subparagraph, the Secretary shall take into account the size of the population of medicare beneficiaries with end-stage renal disease and ensure the participation of individuals who reside in rural and urban areas. (B) Duration \nThe demonstration projects under this subsection shall be conducted for a period that is not longer than 5 years that begins on January 1, 2006. (3) Evaluation and report \n(A) Evaluation \nThe Secretary shall conduct an evaluation of the demonstration projects conducted under this subsection. (B) Report \nNot later than 6 months after the date on which the demonstration projects under this subsection are completed, the Secretary shall submit to Congress a report on the evaluation conducted under subparagraph (A) together with recommendations for such legislation and administrative action as the Secretary determines appropriate. (4) Authorization of appropriations \nThere are authorized to be appropriated to carry out this subsection $2,000,000 for each of fiscal years 2006 through 2010.",
"id": "H2C1AFE2D9D5D4D95B8B008E74DAE64F",
"header": "Chronic kidney disease demonstration projects",
"nested": [],
"links": []
},
{
"text": "(b) ESRD self-management demonstration projects \n(1) In general \nThe Secretary shall establish demonstration projects to enable individuals with end-stage renal disease to develop self-management skills. (2) Scope and duration \n(A) Scope \nThe Secretary shall select at least 3 States in which to conduct demonstration projects under this subsection. In selecting the States under this subparagraph, the Secretary shall take into account the size of the population of medicare beneficiaries with end-stage renal disease and ensure the participation of individuals who reside in rural and urban areas. (B) Duration \nThe demonstration projects under this section shall be conducted for a period that is not longer than 5 years that begins on January 1, 2006. (3) Evaluation and report \n(A) Evaluation \nThe Secretary shall conduct an evaluation of the demonstration projects conducted under this subsection. (B) Report \nNot later than 6 months after the date on which the demonstration projects under this subsection are completed, the Secretary shall submit to Congress a report on the evaluation conducted under subparagraph (A) together with recommendations for such legislation and administrative action as the Secretary determines appropriate. (4) Authorization of appropriations \nThere are authorized to be appropriated to carry out this subsection $2,000,000 for each of fiscal years 2006 through 2010.”.",
"id": "H953994E9F6CF4C2F83CC8E33C46C20D7",
"header": "ESRD self-management demonstration projects",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "202. Medicare coverage of kidney disease patient education services \n(a) Coverage of kidney disease education services \n(1) Coverage \nSection 1861(s)(2) of the Social Security Act ( 42 U.S.C. 1395x ), as amended by section 642(a)(1) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ; 117 Stat. 2322), is amended— (A) in subparagraph (Y), by striking and after the semicolon at the end; (B) in subparagraph (Z), by adding and after the semicolon at the end; and (C) by adding at the end the following new subparagraph: (AA) kidney disease education services (as defined in subsection (bbb));. (2) Services described \nSection 1861 of the Social Security Act ( 42 U.S.C. 1395x ), as amended by section 706(b) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ; 117 Stat. 2339), is amended by adding at the end the following new subsection: (bbb) Kidney disease education services \n(1) The term kidney disease education services means educational services that are— (A) furnished to an individual with kidney disease who, according to accepted clinical guidelines identified by the Secretary, will require dialysis or a kidney transplant; (B) furnished, upon the referral of the physician managing the individual’s kidney condition, by a qualified person (as defined in paragraph (2)); and (C) designed— (i) to provide comprehensive information regarding— (I) the management of co-morbidities; (II) the prevention of uremic complications; and (III) each option for renal replacement therapy (including home and in-center, as well as vascular access options and transplantation); and (ii) to ensure that the individual has the opportunity to actively participate in the choice of therapy. (2) The term qualified person means— (A) a physician (as described in subsection (r)(1)); (B) an individual who— (i) is— (I) a registered nurse; (II) a registered dietitian or nutrition professional (as defined in subsection (vv)(2)); (III) a clinical social worker (as defined in subsection (hh)(1)); (IV) a physician assistant, nurse practitioner, or clinical nurse specialist (as those terms are defined in subsection (aa)(5)); or (V) a transplant coordinator; and (ii) meets such requirements related to experience and other qualifications that the Secretary finds necessary and appropriate for furnishing the services described in paragraph (1); or (C) a renal dialysis facility subject to the requirements of section 1881(b)(1) with personnel who— (i) provide the services described in paragraph (1); and (ii) meet the requirements of subparagraph (A) or (B). (3) The Secretary shall develop the requirements under paragraphs (1)(C)(i) and (2)(B)(ii) after consulting with physicians, health educators, professional organizations, accrediting organizations, kidney patient organizations, dialysis facilities, transplant centers, network organizations described in section 1881(c)(2), and other knowledgeable persons. (4) In promulgating regulations to carry out this subsection, the Secretary shall ensure that each beneficiary who is entitled to kidney disease education services under this title receives such services in a timely manner to maximize the benefit of those services. (5) The Secretary shall monitor the implementation of this subsection to ensure that beneficiaries who are eligible for kidney disease education services receive such services in the manner described in paragraph (4). (6) No individual shall be eligible to be provided more than 6 sessions of kidney disease education services under this title.. (3) Payment under physician fee schedule \nSection 1848(j)(3) of the Social Security Act ( 42 U.S.C. 1395w–4(j)(3) ), as amended by section 611(c) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ; 117 Stat. 2304), is amended by inserting (2)(AA), after (2)(W),. (4) Payment to renal dialysis facilities \nSection 1881(b) of the Social Security Act ( 42 U.S.C. 1395rr(b) ), as amended by section 2(b), is amended by adding at the end the following new paragraph: (15) For purposes of paragraph (12), the single composite weighted formulas determined under such paragraph shall not take into account the amount of payment for kidney disease education services (as defined in section 1861(bbb)). Instead, payment for such services shall be made to the renal dialysis facility on an assignment-related basis under section 1848.. (5) Limitation on number of sessions \nSection 1862(a)(1) of the Social Security Act ( 42 U.S.C. 1395y(a)(1) ), as amended by section 613(c) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ; 117 Stat. 2306), is amended— (A) by striking and at the end of subparagraph (L); (B) by striking the semicolon at the end of subparagraph (M) and inserting , and ; and (C) by adding at the end the following new subparagraph: (N) in the case of kidney disease education services (as defined in section 1861(bbb)), which are performed in excess of the number of sessions covered under such section;. (6) Annual report to Congress \nNot later than April 1, 2005, and annually thereafter, the Secretary of Health and Human Services (in this section referred to as the Secretary ) shall submit to Congress a report on the number of medicare beneficiaries who are entitled to kidney disease education services (as defined in section 1861(bbb) of the Social Security Act , as added by paragraph (1)) under title XVIII of such Act and who receive such services, together with such recommendations for legislative and administrative action as the Secretary determines to be appropriate to fulfill the legislative intent that resulted in the enactment of that subsection. (b) Effective date \nThe amendments made by this section shall apply to services furnished on and after January 1, 2006.",
"id": "H53FEBF2144254DDC93ED004B3246289D",
"header": "Medicare coverage of kidney disease patient education services",
"nested": [
{
"text": "(a) Coverage of kidney disease education services \n(1) Coverage \nSection 1861(s)(2) of the Social Security Act ( 42 U.S.C. 1395x ), as amended by section 642(a)(1) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ; 117 Stat. 2322), is amended— (A) in subparagraph (Y), by striking and after the semicolon at the end; (B) in subparagraph (Z), by adding and after the semicolon at the end; and (C) by adding at the end the following new subparagraph: (AA) kidney disease education services (as defined in subsection (bbb));. (2) Services described \nSection 1861 of the Social Security Act ( 42 U.S.C. 1395x ), as amended by section 706(b) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ; 117 Stat. 2339), is amended by adding at the end the following new subsection: (bbb) Kidney disease education services \n(1) The term kidney disease education services means educational services that are— (A) furnished to an individual with kidney disease who, according to accepted clinical guidelines identified by the Secretary, will require dialysis or a kidney transplant; (B) furnished, upon the referral of the physician managing the individual’s kidney condition, by a qualified person (as defined in paragraph (2)); and (C) designed— (i) to provide comprehensive information regarding— (I) the management of co-morbidities; (II) the prevention of uremic complications; and (III) each option for renal replacement therapy (including home and in-center, as well as vascular access options and transplantation); and (ii) to ensure that the individual has the opportunity to actively participate in the choice of therapy. (2) The term qualified person means— (A) a physician (as described in subsection (r)(1)); (B) an individual who— (i) is— (I) a registered nurse; (II) a registered dietitian or nutrition professional (as defined in subsection (vv)(2)); (III) a clinical social worker (as defined in subsection (hh)(1)); (IV) a physician assistant, nurse practitioner, or clinical nurse specialist (as those terms are defined in subsection (aa)(5)); or (V) a transplant coordinator; and (ii) meets such requirements related to experience and other qualifications that the Secretary finds necessary and appropriate for furnishing the services described in paragraph (1); or (C) a renal dialysis facility subject to the requirements of section 1881(b)(1) with personnel who— (i) provide the services described in paragraph (1); and (ii) meet the requirements of subparagraph (A) or (B). (3) The Secretary shall develop the requirements under paragraphs (1)(C)(i) and (2)(B)(ii) after consulting with physicians, health educators, professional organizations, accrediting organizations, kidney patient organizations, dialysis facilities, transplant centers, network organizations described in section 1881(c)(2), and other knowledgeable persons. (4) In promulgating regulations to carry out this subsection, the Secretary shall ensure that each beneficiary who is entitled to kidney disease education services under this title receives such services in a timely manner to maximize the benefit of those services. (5) The Secretary shall monitor the implementation of this subsection to ensure that beneficiaries who are eligible for kidney disease education services receive such services in the manner described in paragraph (4). (6) No individual shall be eligible to be provided more than 6 sessions of kidney disease education services under this title.. (3) Payment under physician fee schedule \nSection 1848(j)(3) of the Social Security Act ( 42 U.S.C. 1395w–4(j)(3) ), as amended by section 611(c) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ; 117 Stat. 2304), is amended by inserting (2)(AA), after (2)(W),. (4) Payment to renal dialysis facilities \nSection 1881(b) of the Social Security Act ( 42 U.S.C. 1395rr(b) ), as amended by section 2(b), is amended by adding at the end the following new paragraph: (15) For purposes of paragraph (12), the single composite weighted formulas determined under such paragraph shall not take into account the amount of payment for kidney disease education services (as defined in section 1861(bbb)). Instead, payment for such services shall be made to the renal dialysis facility on an assignment-related basis under section 1848.. (5) Limitation on number of sessions \nSection 1862(a)(1) of the Social Security Act ( 42 U.S.C. 1395y(a)(1) ), as amended by section 613(c) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ; 117 Stat. 2306), is amended— (A) by striking and at the end of subparagraph (L); (B) by striking the semicolon at the end of subparagraph (M) and inserting , and ; and (C) by adding at the end the following new subparagraph: (N) in the case of kidney disease education services (as defined in section 1861(bbb)), which are performed in excess of the number of sessions covered under such section;. (6) Annual report to Congress \nNot later than April 1, 2005, and annually thereafter, the Secretary of Health and Human Services (in this section referred to as the Secretary ) shall submit to Congress a report on the number of medicare beneficiaries who are entitled to kidney disease education services (as defined in section 1861(bbb) of the Social Security Act , as added by paragraph (1)) under title XVIII of such Act and who receive such services, together with such recommendations for legislative and administrative action as the Secretary determines to be appropriate to fulfill the legislative intent that resulted in the enactment of that subsection.",
"id": "HB84C2C7D2DAF4005B335F07332D17E21",
"header": "Coverage of kidney disease education services",
"nested": [],
"links": [
{
"text": "42 U.S.C. 1395x",
"legal-doc": "usc",
"parsable-cite": "usc/42/1395x"
},
{
"text": "Public Law 108–173",
"legal-doc": "public-law",
"parsable-cite": "pl/108/173"
},
{
"text": "42 U.S.C. 1395x",
"legal-doc": "usc",
"parsable-cite": "usc/42/1395x"
},
{
"text": "Public Law 108–173",
"legal-doc": "public-law",
"parsable-cite": "pl/108/173"
},
{
"text": "42 U.S.C. 1395w–4(j)(3)",
"legal-doc": "usc",
"parsable-cite": "usc/42/1395w-4"
},
{
"text": "Public Law 108–173",
"legal-doc": "public-law",
"parsable-cite": "pl/108/173"
},
{
"text": "42 U.S.C. 1395rr(b)",
"legal-doc": "usc",
"parsable-cite": "usc/42/1395rr"
},
{
"text": "42 U.S.C. 1395y(a)(1)",
"legal-doc": "usc",
"parsable-cite": "usc/42/1395y"
},
{
"text": "Public Law 108–173",
"legal-doc": "public-law",
"parsable-cite": "pl/108/173"
}
]
},
{
"text": "(b) Effective date \nThe amendments made by this section shall apply to services furnished on and after January 1, 2006.",
"id": "HAD7FA49AFA914B17B95D00D4371BEBF9",
"header": "Effective date",
"nested": [],
"links": []
}
],
"links": [
{
"text": "42 U.S.C. 1395x",
"legal-doc": "usc",
"parsable-cite": "usc/42/1395x"
},
{
"text": "Public Law 108–173",
"legal-doc": "public-law",
"parsable-cite": "pl/108/173"
},
{
"text": "42 U.S.C. 1395x",
"legal-doc": "usc",
"parsable-cite": "usc/42/1395x"
},
{
"text": "Public Law 108–173",
"legal-doc": "public-law",
"parsable-cite": "pl/108/173"
},
{
"text": "42 U.S.C. 1395w–4(j)(3)",
"legal-doc": "usc",
"parsable-cite": "usc/42/1395w-4"
},
{
"text": "Public Law 108–173",
"legal-doc": "public-law",
"parsable-cite": "pl/108/173"
},
{
"text": "42 U.S.C. 1395rr(b)",
"legal-doc": "usc",
"parsable-cite": "usc/42/1395rr"
},
{
"text": "42 U.S.C. 1395y(a)(1)",
"legal-doc": "usc",
"parsable-cite": "usc/42/1395y"
},
{
"text": "Public Law 108–173",
"legal-doc": "public-law",
"parsable-cite": "pl/108/173"
}
]
},
{
"text": "203. Blood flow monitoring demonstration projects \n(a) Establishment \nThe Secretary of Health and Human Services (in this section referred to as the Secretary ) shall establish demonstration projects to evaluate how blood flow monitoring affects the quality and cost of care for medicare beneficiaries with end-stage renal disease. (b) Duration \nThe demonstration projects under this section shall be conducted for a period of not longer than 5 years that begins on January 1, 2006. (c) Evaluation and report \n(1) Evaluation \nThe Secretary shall conduct an evaluation of the demonstration projects conducted under this section. (2) Report \nNot later than 6 months after the date on which the demonstration projects under this section are completed, the Secretary shall submit to Congress a report on the evaluation conducted under paragraph (1) together with recommendations for such legislation and administrative action as the Secretary determines appropriate. (d) Waiver authority \nThe Secretary shall waive compliance with the requirements of title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ) to such extent and for such period as the Secretary determines is necessary to conduct the demonstration projects. (e) Authorization of appropriations \n(1) In general \nPayments for the costs of carrying out the demonstration project under this section shall be made from the Federal Supplementary Medical Insurance Trust Fund under section 1841 of such Act ( 42 U.S.C. 1395t ). (2) Amount \nThere are authorized to be appropriated from such Trust Fund $1,000,000 for each of fiscal years 2006 through 2010 to carry out this section.",
"id": "H752BC48244324806AB171EEBAC51EBA5",
"header": "Blood flow monitoring demonstration projects",
"nested": [
{
"text": "(a) Establishment \nThe Secretary of Health and Human Services (in this section referred to as the Secretary ) shall establish demonstration projects to evaluate how blood flow monitoring affects the quality and cost of care for medicare beneficiaries with end-stage renal disease.",
"id": "HFD7870D42CF34C22B2F78532AAEA1F11",
"header": "Establishment",
"nested": [],
"links": []
},
{
"text": "(b) Duration \nThe demonstration projects under this section shall be conducted for a period of not longer than 5 years that begins on January 1, 2006.",
"id": "H21C6E30E17534DBF0017DD23D0E05E00",
"header": "Duration",
"nested": [],
"links": []
},
{
"text": "(c) Evaluation and report \n(1) Evaluation \nThe Secretary shall conduct an evaluation of the demonstration projects conducted under this section. (2) Report \nNot later than 6 months after the date on which the demonstration projects under this section are completed, the Secretary shall submit to Congress a report on the evaluation conducted under paragraph (1) together with recommendations for such legislation and administrative action as the Secretary determines appropriate.",
"id": "H1DD8DD7FBB7C4B3285726ED9726D3FA5",
"header": "Evaluation and report",
"nested": [],
"links": []
},
{
"text": "(d) Waiver authority \nThe Secretary shall waive compliance with the requirements of title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ) to such extent and for such period as the Secretary determines is necessary to conduct the demonstration projects.",
"id": "HEAA3AB3D824D48E4B929CAF96DE689C4",
"header": "Waiver authority",
"nested": [],
"links": [
{
"text": "42 U.S.C. 1395 et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/42/1395"
}
]
},
{
"text": "(e) Authorization of appropriations \n(1) In general \nPayments for the costs of carrying out the demonstration project under this section shall be made from the Federal Supplementary Medical Insurance Trust Fund under section 1841 of such Act ( 42 U.S.C. 1395t ). (2) Amount \nThere are authorized to be appropriated from such Trust Fund $1,000,000 for each of fiscal years 2006 through 2010 to carry out this section.",
"id": "H830E16481B764411A4E879050059CC4",
"header": "Authorization of appropriations",
"nested": [],
"links": [
{
"text": "42 U.S.C. 1395t",
"legal-doc": "usc",
"parsable-cite": "usc/42/1395t"
}
]
}
],
"links": [
{
"text": "42 U.S.C. 1395 et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/42/1395"
},
{
"text": "42 U.S.C. 1395t",
"legal-doc": "usc",
"parsable-cite": "usc/42/1395t"
}
]
},
{
"text": "301. Improving the home dialysis benefit \n(a) In general \nThe Secretary of Health and Human Services (in this section referred to as the Secretary ) shall provide appropriate incentives to improve the home dialysis benefit for individuals on behalf of whom payment may be made under section 1881 of the Social Security Act ( 42 U.S.C. 1395rr ). (b) Considerations \nIn developing the incentives under subsection (a), the Secretary shall consider revising the fee schedule for physicians’ services under section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 ) so that the amount paid for services related to end-stage renal disease furnished to home dialysis patients is equal to the amount paid for services related to end-stage renal disease furnished to other patients with 4 or more face-to-face physician visits per month.",
"id": "H2119039F60F14D6F9759C170D34DF082",
"header": "Improving the home dialysis benefit",
"nested": [
{
"text": "(a) In general \nThe Secretary of Health and Human Services (in this section referred to as the Secretary ) shall provide appropriate incentives to improve the home dialysis benefit for individuals on behalf of whom payment may be made under section 1881 of the Social Security Act ( 42 U.S.C. 1395rr ).",
"id": "H23719C8D259F41A5B8BA625671B086C6",
"header": "In general",
"nested": [],
"links": [
{
"text": "42 U.S.C. 1395rr",
"legal-doc": "usc",
"parsable-cite": "usc/42/1395rr"
}
]
},
{
"text": "(b) Considerations \nIn developing the incentives under subsection (a), the Secretary shall consider revising the fee schedule for physicians’ services under section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 ) so that the amount paid for services related to end-stage renal disease furnished to home dialysis patients is equal to the amount paid for services related to end-stage renal disease furnished to other patients with 4 or more face-to-face physician visits per month.",
"id": "HC1C4C108A9B9483B8C2CC7F9555B3D01",
"header": "Considerations",
"nested": [],
"links": [
{
"text": "42 U.S.C. 1395w–4",
"legal-doc": "usc",
"parsable-cite": "usc/42/1395w-4"
}
]
}
],
"links": [
{
"text": "42 U.S.C. 1395rr",
"legal-doc": "usc",
"parsable-cite": "usc/42/1395rr"
},
{
"text": "42 U.S.C. 1395w–4",
"legal-doc": "usc",
"parsable-cite": "usc/42/1395w-4"
}
]
},
{
"text": "302. Institute of Medicine evaluation and report on home dialysis \n(a) Evaluation \n(1) In general \nNot later than the date that is 2 months after the date of enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the Secretary ) shall enter into an arrangement under which the Institute of Medicine of the National Academy of Sciences (in this section referred to as the Institute ) shall conduct an evaluation of the barriers that exist to increasing the number of individuals with end-stage renal disease who elect to receive home dialysis services under the medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ). (2) Specific matters evaluated \nIn conducting the evaluation under paragraph (1), the Institute shall— (A) compare current medicare home dialysis payments with current in-center and hospital dialysis payments; (B) catalogue and evaluate the incentives and disincentives in the current reimbursement system that influence whether patients receive home dialysis services; (C) evaluate patient education services and how such services impact the treatment choices made by patients; and (D) consider such other matters as the Institute determines appropriate. (3) Scope of review \nThe Institute shall consider a variety of perspectives, including the perspectives of physicians, other health care professionals, hospitals, dialysis facilities, health plans, purchasers, and patients. (b) Report \nNot later than the date that is 18 months after the date of enactment of this Act, the Institute shall submit to the Secretary and appropriate committees of Congress a report on the evaluation conducted under subsection (a)(1) describing the findings of such evaluation and recommendations for implementing incentives to encourage patients to elect to receive home dialysis services under the medicare program. (c) Authorization of appropriations \nThere are authorized to be appropriated such sums as may be necessary for purposes of conducting the evaluation and preparing the report required by this section.",
"id": "H292CC683B768441A820100DE16085F77",
"header": "Institute of Medicine evaluation and report on home dialysis",
"nested": [
{
"text": "(a) Evaluation \n(1) In general \nNot later than the date that is 2 months after the date of enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the Secretary ) shall enter into an arrangement under which the Institute of Medicine of the National Academy of Sciences (in this section referred to as the Institute ) shall conduct an evaluation of the barriers that exist to increasing the number of individuals with end-stage renal disease who elect to receive home dialysis services under the medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ). (2) Specific matters evaluated \nIn conducting the evaluation under paragraph (1), the Institute shall— (A) compare current medicare home dialysis payments with current in-center and hospital dialysis payments; (B) catalogue and evaluate the incentives and disincentives in the current reimbursement system that influence whether patients receive home dialysis services; (C) evaluate patient education services and how such services impact the treatment choices made by patients; and (D) consider such other matters as the Institute determines appropriate. (3) Scope of review \nThe Institute shall consider a variety of perspectives, including the perspectives of physicians, other health care professionals, hospitals, dialysis facilities, health plans, purchasers, and patients.",
"id": "H1031B201F1C04ACF91DD2B0010EDEB8E",
"header": "Evaluation",
"nested": [],
"links": [
{
"text": "42 U.S.C. 1395 et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/42/1395"
}
]
},
{
"text": "(b) Report \nNot later than the date that is 18 months after the date of enactment of this Act, the Institute shall submit to the Secretary and appropriate committees of Congress a report on the evaluation conducted under subsection (a)(1) describing the findings of such evaluation and recommendations for implementing incentives to encourage patients to elect to receive home dialysis services under the medicare program.",
"id": "H2365B06B4A4047AEA08E1C7BE55013DC",
"header": "Report",
"nested": [],
"links": []
},
{
"text": "(c) Authorization of appropriations \nThere are authorized to be appropriated such sums as may be necessary for purposes of conducting the evaluation and preparing the report required by this section.",
"id": "H72B98E69997646ADB2D9AC43F670E37B",
"header": "Authorization of appropriations",
"nested": [],
"links": []
}
],
"links": [
{
"text": "42 U.S.C. 1395 et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/42/1395"
}
]
},
{
"text": "401. Modification of physician surgical reimbursement for dialysis access procedures to align incentives for cost and quality \n(a) Full coverage of dialysis access procedures in the ambulatory surgical center setting \nThe Secretary of Health and Human Services shall include in the surgical procedures specified under section 1833(i)(1) of the Social Security Act ( 42 U.S.C. 1395l(i)(1) ) the full range of dialysis access procedures when provided to individuals with end stage renal disease who are entitled to benefits under part A and enrolled under part B of title XVIII of the Social Security Act pursuant to section 226A of that Act ( 42 U.S.C. 426 ). For purposes of the preceding sentence, the full range of dialysis services includes all reasonable and necessary intervention procedures for the creation, repair, and maintenance of an individual’s dialysis access, such as the placement, insertion, and maintenance services related to fistulas, synthetic grafts, tunnel catheters, and peritoneal dialysis catheters. (b) Revision of RBRVS to reflect the difficulty of vascular access procedures \nThe Secretary of Health and Human Services shall structure the relative value units determined under section 1848(c)(2) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2) ) that are applicable with respect to physicians’ services for vascular access procedures to encourage clinically appropriate placement of natural vascular access for dialysis patients.",
"id": "HC8FFF7FB8B4547CAAA5C378BABBC2972",
"header": "Modification of physician surgical reimbursement for dialysis access procedures to align incentives for cost and quality",
"nested": [
{
"text": "(a) Full coverage of dialysis access procedures in the ambulatory surgical center setting \nThe Secretary of Health and Human Services shall include in the surgical procedures specified under section 1833(i)(1) of the Social Security Act ( 42 U.S.C. 1395l(i)(1) ) the full range of dialysis access procedures when provided to individuals with end stage renal disease who are entitled to benefits under part A and enrolled under part B of title XVIII of the Social Security Act pursuant to section 226A of that Act ( 42 U.S.C. 426 ). For purposes of the preceding sentence, the full range of dialysis services includes all reasonable and necessary intervention procedures for the creation, repair, and maintenance of an individual’s dialysis access, such as the placement, insertion, and maintenance services related to fistulas, synthetic grafts, tunnel catheters, and peritoneal dialysis catheters.",
"id": "HAA61850F13A94E6596EEBEF69B4D1210",
"header": "Full coverage of dialysis access procedures in the ambulatory surgical center setting",
"nested": [],
"links": [
{
"text": "42 U.S.C. 1395l(i)(1)",
"legal-doc": "usc",
"parsable-cite": "usc/42/1395l"
},
{
"text": "42 U.S.C. 426",
"legal-doc": "usc",
"parsable-cite": "usc/42/426"
}
]
},
{
"text": "(b) Revision of RBRVS to reflect the difficulty of vascular access procedures \nThe Secretary of Health and Human Services shall structure the relative value units determined under section 1848(c)(2) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2) ) that are applicable with respect to physicians’ services for vascular access procedures to encourage clinically appropriate placement of natural vascular access for dialysis patients.",
"id": "H91CCA6E00FF348040041C48CEC718C51",
"header": "Revision of RBRVS to reflect the difficulty of vascular access procedures",
"nested": [],
"links": [
{
"text": "42 U.S.C. 1395w–4(c)(2)",
"legal-doc": "usc",
"parsable-cite": "usc/42/1395w-4"
}
]
}
],
"links": [
{
"text": "42 U.S.C. 1395l(i)(1)",
"legal-doc": "usc",
"parsable-cite": "usc/42/1395l"
},
{
"text": "42 U.S.C. 426",
"legal-doc": "usc",
"parsable-cite": "usc/42/426"
},
{
"text": "42 U.S.C. 1395w–4(c)(2)",
"legal-doc": "usc",
"parsable-cite": "usc/42/1395w-4"
}
]
},
{
"text": "402. Demonstration project for outcomes-based ESRD reimbursement system \n(a) Establishment \nSubject to the succeeding provisions of this section, the Secretary of Health and Human Services (in this section referred to as the Secretary ) shall establish demonstration projects (in this section referred to as demonstration projects ) under which the Secretary shall evaluate methods that improve the quality of care provided to medicare beneficiaries with end-stage renal disease. (b) Outcomes-based ESRD reimbursement system \n(1) In general \nUnder the demonstration projects, the Secretary shall provide financial incentives to providers of services and renal dialysis facilities that demonstrate improved quality of care to such beneficiaries. (2) Consideration of outcomes and case-mix \nIn determining whether a provider or facility has demonstrated an improved quality of care under paragraph (1), the Secretary shall take into account the outcomes of individuals receiving services from the provider or facility and the case-mix of the provider or facility. (3) Incentives described \nThe financial incentives provided under paragraph (1) shall— (A) reflect the interactions of payments under parts A and B of title XVIII of the Social Security Act ; and (B) recognize improvements based on high quality outcomes during previous periods as well as recent changes in performance to reward long-term improvements. (c) Duration \nThe Secretary shall conduct the demonstration program under this section for a period that is not longer than 5 years that begins on January 1, 2006. (d) Evaluation and report \n(1) Evaluation \nThe Secretary shall conduct an evaluation of the demonstration projects conducted under this section. (2) Report \nNot later than 6 months after the date on which the demonstration projects are completed, the Secretary shall submit to Congress a report on the evaluation conducted under paragraph (1) together with recommendations for such legislation and administrative action as the Secretary determines appropriate. (e) Waiver authority \nThe Secretary shall waive compliance with the requirements of title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ) to such extent and for such period as the Secretary determines is necessary to conduct the demonstration projects. (f) Authorization of appropriations \n(1) In general \nPayments for the costs of carrying out the demonstration project under this section shall be made from the Federal Supplementary Medical Insurance Trust Fund under section 1841 of such Act ( 42 U.S.C. 1395t ). (2) Amount \nThere are authorized to be appropriated from such Trust Fund such sums as may be necessary to carry out this section.",
"id": "H9617E7C099C84D66B3869B96B3C19FF",
"header": "Demonstration project for outcomes-based ESRD reimbursement system",
"nested": [
{
"text": "(a) Establishment \nSubject to the succeeding provisions of this section, the Secretary of Health and Human Services (in this section referred to as the Secretary ) shall establish demonstration projects (in this section referred to as demonstration projects ) under which the Secretary shall evaluate methods that improve the quality of care provided to medicare beneficiaries with end-stage renal disease.",
"id": "H23CB303664B44F42A094F7AAEC71F3CA",
"header": "Establishment",
"nested": [],
"links": []
},
{
"text": "(b) Outcomes-based ESRD reimbursement system \n(1) In general \nUnder the demonstration projects, the Secretary shall provide financial incentives to providers of services and renal dialysis facilities that demonstrate improved quality of care to such beneficiaries. (2) Consideration of outcomes and case-mix \nIn determining whether a provider or facility has demonstrated an improved quality of care under paragraph (1), the Secretary shall take into account the outcomes of individuals receiving services from the provider or facility and the case-mix of the provider or facility. (3) Incentives described \nThe financial incentives provided under paragraph (1) shall— (A) reflect the interactions of payments under parts A and B of title XVIII of the Social Security Act ; and (B) recognize improvements based on high quality outcomes during previous periods as well as recent changes in performance to reward long-term improvements.",
"id": "HEB5EDE1DEC2B450F002B33C9EF177DFD",
"header": "Outcomes-based ESRD reimbursement system",
"nested": [],
"links": []
},
{
"text": "(c) Duration \nThe Secretary shall conduct the demonstration program under this section for a period that is not longer than 5 years that begins on January 1, 2006.",
"id": "HC2D64974E4F34CFFAA967600E7FAFAE",
"header": "Duration",
"nested": [],
"links": []
},
{
"text": "(d) Evaluation and report \n(1) Evaluation \nThe Secretary shall conduct an evaluation of the demonstration projects conducted under this section. (2) Report \nNot later than 6 months after the date on which the demonstration projects are completed, the Secretary shall submit to Congress a report on the evaluation conducted under paragraph (1) together with recommendations for such legislation and administrative action as the Secretary determines appropriate.",
"id": "H45F3FB1100484524BEDC79E8D22900FA",
"header": "Evaluation and report",
"nested": [],
"links": []
},
{
"text": "(e) Waiver authority \nThe Secretary shall waive compliance with the requirements of title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ) to such extent and for such period as the Secretary determines is necessary to conduct the demonstration projects.",
"id": "H8729C4B680844019BC66337542FA88A6",
"header": "Waiver authority",
"nested": [],
"links": [
{
"text": "42 U.S.C. 1395 et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/42/1395"
}
]
},
{
"text": "(f) Authorization of appropriations \n(1) In general \nPayments for the costs of carrying out the demonstration project under this section shall be made from the Federal Supplementary Medical Insurance Trust Fund under section 1841 of such Act ( 42 U.S.C. 1395t ). (2) Amount \nThere are authorized to be appropriated from such Trust Fund such sums as may be necessary to carry out this section.",
"id": "HE44C22D61A8D4F23979C749855969700",
"header": "Authorization of appropriations",
"nested": [],
"links": [
{
"text": "42 U.S.C. 1395t",
"legal-doc": "usc",
"parsable-cite": "usc/42/1395t"
}
]
}
],
"links": [
{
"text": "42 U.S.C. 1395 et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/42/1395"
},
{
"text": "42 U.S.C. 1395t",
"legal-doc": "usc",
"parsable-cite": "usc/42/1395t"
}
]
},
{
"text": "403. GAO study and report on impact of G-codes \n(a) Study \nThe Comptroller General of the United States shall conduct a study on the impact of the temporary codes for nephrologists’ services applicable under the fee schedule for physicians’ services under section 1848 of the Social Security Act (commonly known as G-codes ). (b) Report \nNot later than the date that is 6 months after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on the study conducted under subsection (a) together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.",
"id": "H73C0E99BDC594AF9802E2CBD2B9BD4F0",
"header": "GAO study and report on impact of G-codes",
"nested": [
{
"text": "(a) Study \nThe Comptroller General of the United States shall conduct a study on the impact of the temporary codes for nephrologists’ services applicable under the fee schedule for physicians’ services under section 1848 of the Social Security Act (commonly known as G-codes ).",
"id": "H812824070F8F4371A69B9306FE7FF300",
"header": "Study",
"nested": [],
"links": []
},
{
"text": "(b) Report \nNot later than the date that is 6 months after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on the study conducted under subsection (a) together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.",
"id": "H973DF5FAA6A445B0B225BA52D897FDCE",
"header": "Report",
"nested": [],
"links": []
}
],
"links": []
}
] | 10 | 1. Short title; table of contents
(a) Short title
This Act may be cited as the ESRD Modernization Act of 2004. (b) Table of contents
The table of contents of this Act is as follows: Sec. 1. Short title; table of contents Title I—Modernizing the medicare ESRD payment system Sec. 101. Establishment of annual update framework for the medicare ESRD composite rate Title II—Patient education, quality, access and safety initiatives Sec. 201. Support of public and patient education initiatives regarding kidney disease Sec. 202. Medicare coverage of kidney disease patient education services Sec. 203. Blood flow monitoring demonstration projects Title III—Financing and coverage for ESRD patients Sec. 301. Improving the home dialysis benefit Sec. 302. Institute of Medicine evaluation and report on home dialysis Title IV—Sustainable economics Sec. 401. Modification of physician surgical reimbursement for dialysis access procedures to align incentives for cost and quality Sec. 402. Demonstration project for outcomes-based ESRD reimbursement system Sec. 403. GAO study and report on impact of G-codes 101. Establishment of annual update framework for the medicare ESRD composite rate
(a) In general
Section 1881(b)(12)(F) of the Social Security Act ( 42 U.S.C. 1395rr(b)(12)(F) ), as added by section 623(d) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ; 117 Stat. 2313), is amended to read as follows: (F) Beginning with 2006, the Secretary shall annually increase the basic case-mix adjusted payment amounts established under this paragraph— (i) with respect to the composite rate component of the basic case-mix adjusted system described in subparagraph (B)(i), by the ESRD market basket percentage increase (as defined in paragraph (14)(A) and including any additional factors that may increase costs described in paragraph (14)(B)) above such composite rate payment amounts for such services furnished on December 31 of the previous year; and (ii) with respect to the component of the basic case-mix adjusted system described in clause (ii) of subparagraph (B), by— (I) applying the estimated growth in expenditures for drugs and biologicals (including erythropoietin) that are separately billable to such component; and (II) converting the amount determined in subclause (I) to an increase applicable to the basic case-mix adjusted payment amounts established under such subparagraph.. (b) ESRD market basket percentage increase defined
Section 1881(b) of the Social Security Act ( 42 U.S.C. 1395rr(b) ), as amended by section 623(d) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ; 117 Stat. 2313) is amended by adding at the end the following new paragraph: (14) (A) For purposes of this title, the term ESRD market basket percentage increase means, with respect to a calendar year, the percentage (estimated by the Secretary before the beginning of such year) by which— (i) the cost of the mix of goods and services included in the provision of dialysis services (including the costs described in subparagraph (D)) that is determined based on an index of appropriately weighted indicators of changes in wages and prices which are representative of the mix of goods and services included in such dialysis services for the calendar year; exceeds (ii) the cost of such mix of goods and services for the preceding calendar year. (B) In addition to determining the percentage update under subparagraph (A), the Secretary shall also take into account any change in the costs of furnishing the mix of goods and services described in such subparagraph resulting from— (i) the adoption of scientific and technological innovations used to provide dialysis services; (ii) changes in the manner or method of delivering dialysis services; (iii) productivity improvements in the provision of dialysis services; and (iv) any other relevant factor. (C) The Secretary shall annually review and update the items and services included in the mix of goods and services used to determine the percentage under subparagraph (A). (D) The costs described in this subparagraph include— (i) labor costs, including direct patient care costs and administrative labor costs, vacation and holiday pay, payroll taxes, and employee benefits; (ii) other direct costs, including drugs, supplies, and laboratory fees; (iii) overhead costs, including medical director fees, temporary services, general and administrative costs, interest expenses, and bad debt; (iv) capital costs, including rent, real estate taxes, depreciation, utilities, repairs, and maintenance; and (v) such other allowable costs as the Secretary may specify.. 201. Support of public and patient education initiatives regarding kidney disease
(a) Chronic kidney disease demonstration projects
(1) In general
The Secretary of Health and Human Services (in this section referred to as the Secretary ) shall establish demonstration projects to— (A) increase public awareness about the factors that lead to chronic kidney disease, how to prevent it, how to treat it, and how to avoid kidney failure; and (B) enhance surveillance systems and expand research to better assess the prevalence and incidence of chronic kidney disease. (2) Scope and duration
(A) Scope
The Secretary shall select at least 3 States in which to conduct demonstration projects under this subsection. In selecting the States under this subparagraph, the Secretary shall take into account the size of the population of medicare beneficiaries with end-stage renal disease and ensure the participation of individuals who reside in rural and urban areas. (B) Duration
The demonstration projects under this subsection shall be conducted for a period that is not longer than 5 years that begins on January 1, 2006. (3) Evaluation and report
(A) Evaluation
The Secretary shall conduct an evaluation of the demonstration projects conducted under this subsection. (B) Report
Not later than 6 months after the date on which the demonstration projects under this subsection are completed, the Secretary shall submit to Congress a report on the evaluation conducted under subparagraph (A) together with recommendations for such legislation and administrative action as the Secretary determines appropriate. (4) Authorization of appropriations
There are authorized to be appropriated to carry out this subsection $2,000,000 for each of fiscal years 2006 through 2010. (b) ESRD self-management demonstration projects
(1) In general
The Secretary shall establish demonstration projects to enable individuals with end-stage renal disease to develop self-management skills. (2) Scope and duration
(A) Scope
The Secretary shall select at least 3 States in which to conduct demonstration projects under this subsection. In selecting the States under this subparagraph, the Secretary shall take into account the size of the population of medicare beneficiaries with end-stage renal disease and ensure the participation of individuals who reside in rural and urban areas. (B) Duration
The demonstration projects under this section shall be conducted for a period that is not longer than 5 years that begins on January 1, 2006. (3) Evaluation and report
(A) Evaluation
The Secretary shall conduct an evaluation of the demonstration projects conducted under this subsection. (B) Report
Not later than 6 months after the date on which the demonstration projects under this subsection are completed, the Secretary shall submit to Congress a report on the evaluation conducted under subparagraph (A) together with recommendations for such legislation and administrative action as the Secretary determines appropriate. (4) Authorization of appropriations
There are authorized to be appropriated to carry out this subsection $2,000,000 for each of fiscal years 2006 through 2010.”. 202. Medicare coverage of kidney disease patient education services
(a) Coverage of kidney disease education services
(1) Coverage
Section 1861(s)(2) of the Social Security Act ( 42 U.S.C. 1395x ), as amended by section 642(a)(1) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ; 117 Stat. 2322), is amended— (A) in subparagraph (Y), by striking and after the semicolon at the end; (B) in subparagraph (Z), by adding and after the semicolon at the end; and (C) by adding at the end the following new subparagraph: (AA) kidney disease education services (as defined in subsection (bbb));. (2) Services described
Section 1861 of the Social Security Act ( 42 U.S.C. 1395x ), as amended by section 706(b) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ; 117 Stat. 2339), is amended by adding at the end the following new subsection: (bbb) Kidney disease education services
(1) The term kidney disease education services means educational services that are— (A) furnished to an individual with kidney disease who, according to accepted clinical guidelines identified by the Secretary, will require dialysis or a kidney transplant; (B) furnished, upon the referral of the physician managing the individual’s kidney condition, by a qualified person (as defined in paragraph (2)); and (C) designed— (i) to provide comprehensive information regarding— (I) the management of co-morbidities; (II) the prevention of uremic complications; and (III) each option for renal replacement therapy (including home and in-center, as well as vascular access options and transplantation); and (ii) to ensure that the individual has the opportunity to actively participate in the choice of therapy. (2) The term qualified person means— (A) a physician (as described in subsection (r)(1)); (B) an individual who— (i) is— (I) a registered nurse; (II) a registered dietitian or nutrition professional (as defined in subsection (vv)(2)); (III) a clinical social worker (as defined in subsection (hh)(1)); (IV) a physician assistant, nurse practitioner, or clinical nurse specialist (as those terms are defined in subsection (aa)(5)); or (V) a transplant coordinator; and (ii) meets such requirements related to experience and other qualifications that the Secretary finds necessary and appropriate for furnishing the services described in paragraph (1); or (C) a renal dialysis facility subject to the requirements of section 1881(b)(1) with personnel who— (i) provide the services described in paragraph (1); and (ii) meet the requirements of subparagraph (A) or (B). (3) The Secretary shall develop the requirements under paragraphs (1)(C)(i) and (2)(B)(ii) after consulting with physicians, health educators, professional organizations, accrediting organizations, kidney patient organizations, dialysis facilities, transplant centers, network organizations described in section 1881(c)(2), and other knowledgeable persons. (4) In promulgating regulations to carry out this subsection, the Secretary shall ensure that each beneficiary who is entitled to kidney disease education services under this title receives such services in a timely manner to maximize the benefit of those services. (5) The Secretary shall monitor the implementation of this subsection to ensure that beneficiaries who are eligible for kidney disease education services receive such services in the manner described in paragraph (4). (6) No individual shall be eligible to be provided more than 6 sessions of kidney disease education services under this title.. (3) Payment under physician fee schedule
Section 1848(j)(3) of the Social Security Act ( 42 U.S.C. 1395w–4(j)(3) ), as amended by section 611(c) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ; 117 Stat. 2304), is amended by inserting (2)(AA), after (2)(W),. (4) Payment to renal dialysis facilities
Section 1881(b) of the Social Security Act ( 42 U.S.C. 1395rr(b) ), as amended by section 2(b), is amended by adding at the end the following new paragraph: (15) For purposes of paragraph (12), the single composite weighted formulas determined under such paragraph shall not take into account the amount of payment for kidney disease education services (as defined in section 1861(bbb)). Instead, payment for such services shall be made to the renal dialysis facility on an assignment-related basis under section 1848.. (5) Limitation on number of sessions
Section 1862(a)(1) of the Social Security Act ( 42 U.S.C. 1395y(a)(1) ), as amended by section 613(c) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ; 117 Stat. 2306), is amended— (A) by striking and at the end of subparagraph (L); (B) by striking the semicolon at the end of subparagraph (M) and inserting , and ; and (C) by adding at the end the following new subparagraph: (N) in the case of kidney disease education services (as defined in section 1861(bbb)), which are performed in excess of the number of sessions covered under such section;. (6) Annual report to Congress
Not later than April 1, 2005, and annually thereafter, the Secretary of Health and Human Services (in this section referred to as the Secretary ) shall submit to Congress a report on the number of medicare beneficiaries who are entitled to kidney disease education services (as defined in section 1861(bbb) of the Social Security Act , as added by paragraph (1)) under title XVIII of such Act and who receive such services, together with such recommendations for legislative and administrative action as the Secretary determines to be appropriate to fulfill the legislative intent that resulted in the enactment of that subsection. (b) Effective date
The amendments made by this section shall apply to services furnished on and after January 1, 2006. 203. Blood flow monitoring demonstration projects
(a) Establishment
The Secretary of Health and Human Services (in this section referred to as the Secretary ) shall establish demonstration projects to evaluate how blood flow monitoring affects the quality and cost of care for medicare beneficiaries with end-stage renal disease. (b) Duration
The demonstration projects under this section shall be conducted for a period of not longer than 5 years that begins on January 1, 2006. (c) Evaluation and report
(1) Evaluation
The Secretary shall conduct an evaluation of the demonstration projects conducted under this section. (2) Report
Not later than 6 months after the date on which the demonstration projects under this section are completed, the Secretary shall submit to Congress a report on the evaluation conducted under paragraph (1) together with recommendations for such legislation and administrative action as the Secretary determines appropriate. (d) Waiver authority
The Secretary shall waive compliance with the requirements of title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ) to such extent and for such period as the Secretary determines is necessary to conduct the demonstration projects. (e) Authorization of appropriations
(1) In general
Payments for the costs of carrying out the demonstration project under this section shall be made from the Federal Supplementary Medical Insurance Trust Fund under section 1841 of such Act ( 42 U.S.C. 1395t ). (2) Amount
There are authorized to be appropriated from such Trust Fund $1,000,000 for each of fiscal years 2006 through 2010 to carry out this section. 301. Improving the home dialysis benefit
(a) In general
The Secretary of Health and Human Services (in this section referred to as the Secretary ) shall provide appropriate incentives to improve the home dialysis benefit for individuals on behalf of whom payment may be made under section 1881 of the Social Security Act ( 42 U.S.C. 1395rr ). (b) Considerations
In developing the incentives under subsection (a), the Secretary shall consider revising the fee schedule for physicians’ services under section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 ) so that the amount paid for services related to end-stage renal disease furnished to home dialysis patients is equal to the amount paid for services related to end-stage renal disease furnished to other patients with 4 or more face-to-face physician visits per month. 302. Institute of Medicine evaluation and report on home dialysis
(a) Evaluation
(1) In general
Not later than the date that is 2 months after the date of enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the Secretary ) shall enter into an arrangement under which the Institute of Medicine of the National Academy of Sciences (in this section referred to as the Institute ) shall conduct an evaluation of the barriers that exist to increasing the number of individuals with end-stage renal disease who elect to receive home dialysis services under the medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ). (2) Specific matters evaluated
In conducting the evaluation under paragraph (1), the Institute shall— (A) compare current medicare home dialysis payments with current in-center and hospital dialysis payments; (B) catalogue and evaluate the incentives and disincentives in the current reimbursement system that influence whether patients receive home dialysis services; (C) evaluate patient education services and how such services impact the treatment choices made by patients; and (D) consider such other matters as the Institute determines appropriate. (3) Scope of review
The Institute shall consider a variety of perspectives, including the perspectives of physicians, other health care professionals, hospitals, dialysis facilities, health plans, purchasers, and patients. (b) Report
Not later than the date that is 18 months after the date of enactment of this Act, the Institute shall submit to the Secretary and appropriate committees of Congress a report on the evaluation conducted under subsection (a)(1) describing the findings of such evaluation and recommendations for implementing incentives to encourage patients to elect to receive home dialysis services under the medicare program. (c) Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary for purposes of conducting the evaluation and preparing the report required by this section. 401. Modification of physician surgical reimbursement for dialysis access procedures to align incentives for cost and quality
(a) Full coverage of dialysis access procedures in the ambulatory surgical center setting
The Secretary of Health and Human Services shall include in the surgical procedures specified under section 1833(i)(1) of the Social Security Act ( 42 U.S.C. 1395l(i)(1) ) the full range of dialysis access procedures when provided to individuals with end stage renal disease who are entitled to benefits under part A and enrolled under part B of title XVIII of the Social Security Act pursuant to section 226A of that Act ( 42 U.S.C. 426 ). For purposes of the preceding sentence, the full range of dialysis services includes all reasonable and necessary intervention procedures for the creation, repair, and maintenance of an individual’s dialysis access, such as the placement, insertion, and maintenance services related to fistulas, synthetic grafts, tunnel catheters, and peritoneal dialysis catheters. (b) Revision of RBRVS to reflect the difficulty of vascular access procedures
The Secretary of Health and Human Services shall structure the relative value units determined under section 1848(c)(2) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2) ) that are applicable with respect to physicians’ services for vascular access procedures to encourage clinically appropriate placement of natural vascular access for dialysis patients. 402. Demonstration project for outcomes-based ESRD reimbursement system
(a) Establishment
Subject to the succeeding provisions of this section, the Secretary of Health and Human Services (in this section referred to as the Secretary ) shall establish demonstration projects (in this section referred to as demonstration projects ) under which the Secretary shall evaluate methods that improve the quality of care provided to medicare beneficiaries with end-stage renal disease. (b) Outcomes-based ESRD reimbursement system
(1) In general
Under the demonstration projects, the Secretary shall provide financial incentives to providers of services and renal dialysis facilities that demonstrate improved quality of care to such beneficiaries. (2) Consideration of outcomes and case-mix
In determining whether a provider or facility has demonstrated an improved quality of care under paragraph (1), the Secretary shall take into account the outcomes of individuals receiving services from the provider or facility and the case-mix of the provider or facility. (3) Incentives described
The financial incentives provided under paragraph (1) shall— (A) reflect the interactions of payments under parts A and B of title XVIII of the Social Security Act ; and (B) recognize improvements based on high quality outcomes during previous periods as well as recent changes in performance to reward long-term improvements. (c) Duration
The Secretary shall conduct the demonstration program under this section for a period that is not longer than 5 years that begins on January 1, 2006. (d) Evaluation and report
(1) Evaluation
The Secretary shall conduct an evaluation of the demonstration projects conducted under this section. (2) Report
Not later than 6 months after the date on which the demonstration projects are completed, the Secretary shall submit to Congress a report on the evaluation conducted under paragraph (1) together with recommendations for such legislation and administrative action as the Secretary determines appropriate. (e) Waiver authority
The Secretary shall waive compliance with the requirements of title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ) to such extent and for such period as the Secretary determines is necessary to conduct the demonstration projects. (f) Authorization of appropriations
(1) In general
Payments for the costs of carrying out the demonstration project under this section shall be made from the Federal Supplementary Medical Insurance Trust Fund under section 1841 of such Act ( 42 U.S.C. 1395t ). (2) Amount
There are authorized to be appropriated from such Trust Fund such sums as may be necessary to carry out this section. 403. GAO study and report on impact of G-codes
(a) Study
The Comptroller General of the United States shall conduct a study on the impact of the temporary codes for nephrologists’ services applicable under the fee schedule for physicians’ services under section 1848 of the Social Security Act (commonly known as G-codes ). (b) Report
Not later than the date that is 6 months after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on the study conducted under subsection (a) together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate. | 23,199 | [
"Ways and Means Committee",
"Energy and Commerce Committee"
] |
108hr4163ih | 108 | hr | 4,163 | ih | To provide for a greater number of members on certain combined Farm Service Agency county committees. | [
{
"text": "1. Increased membership of certain combined Farm Service Agency county committees \nSection 8(b)(5)(B) of the Soil Conservation and Domestic Allotment Act ( 16 U.S.C. 590h(b)(5)(B) ) is amended by adding at the end the following: (vi) Membership of combined farm service agency county committees \nNotwithstanding the numerical limitations of clause (ii), a county committee that results from the combination or consolidation of county, area, or local committees representing 3 or more counties shall consist of not fewer than 3 nor more than the applicable number of members who meet the requirements of clause (ii). For purposes of the preceding sentence, the applicable number is the sum of 1 and twice the number of counties represented by the members of the committee..",
"id": "HC3691F27F8964DCAA8EDCE87059258FA",
"header": "Increased membership of certain combined Farm Service Agency county committees",
"nested": [],
"links": [
{
"text": "16 U.S.C. 590h(b)(5)(B)",
"legal-doc": "usc",
"parsable-cite": "usc/16/590h"
}
]
}
] | 1 | 1. Increased membership of certain combined Farm Service Agency county committees
Section 8(b)(5)(B) of the Soil Conservation and Domestic Allotment Act ( 16 U.S.C. 590h(b)(5)(B) ) is amended by adding at the end the following: (vi) Membership of combined farm service agency county committees
Notwithstanding the numerical limitations of clause (ii), a county committee that results from the combination or consolidation of county, area, or local committees representing 3 or more counties shall consist of not fewer than 3 nor more than the applicable number of members who meet the requirements of clause (ii). For purposes of the preceding sentence, the applicable number is the sum of 1 and twice the number of counties represented by the members of the committee.. | 772 | [
"Agriculture Committee"
] |
108hr4990ih | 108 | hr | 4,990 | ih | To designate the facility of the United States Postal Service located at 8135 Forest Lane in Dallas, Texas, as the Dr. Robert E. Price Post Office Building. | [
{
"text": "1. Dr. Robert E. Price Post Office Building \n(a) Designation \nThe facility of the United States Postal Service located at 8135 Forest Lane in Dallas, Texas, shall be known and designated as the Dr. Robert E. Price 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 Dr. Robert E. Price Post Office Building.",
"id": "H55B9464CAADD427DB5FA9100EDBE6FF6",
"header": "Dr. Robert E. Price Post Office Building",
"nested": [
{
"text": "(a) Designation \nThe facility of the United States Postal Service located at 8135 Forest Lane in Dallas, Texas, shall be known and designated as the Dr. Robert E. Price Post Office Building.",
"id": "HF9E5F5EC7CFE4EB100C8DE0595813BF",
"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 Dr. Robert E. Price Post Office Building.",
"id": "H83B21412A65A46CA9B17B495E03FA00",
"header": "References",
"nested": [],
"links": []
}
],
"links": []
}
] | 1 | 1. Dr. Robert E. Price Post Office Building
(a) Designation
The facility of the United States Postal Service located at 8135 Forest Lane in Dallas, Texas, shall be known and designated as the Dr. Robert E. Price Post Office Building. (b) References
Any 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 Dr. Robert E. Price Post Office Building. | 475 | [
"Oversight and Accountability Committee"
] |
108hr5385ih | 108 | hr | 5,385 | ih | To authorize the establishment of a Centennial Challenge Prize Program at the National Aeronautics and Space Administration. | [
{
"text": "1. Centennial Challenge Prize \nTitle III of the National Aeronautics and Space Act of 1958 ( 42 U.S.C. 2451 et seq. ) is amended by adding the following new section: 316. Centennial Challenge Prize \n(a) Prize program \nThe Administrator may carry out a Program, to be known as the Centennial Challenge Program (referred to in this section as the Program ), to award competitive prizes for innovations with the potential for application to the space and aeronautical goals and activities of the Administration. (b) Program requirements \n(1) The Program shall use a competitive process for the selection of prize recipients. The Program shall widely advertise and solicit participation in prize competitions. (2) No individual or entity shall participate in a prize competition unless the individual or entity has registered with the Program in accordance with requirements established by the Administrator. At a minimum those requirements shall— (A) limit participation in Program competitions to— (i) individuals who are citizens of the United States; (ii) entities organized or existing under the laws of the United States or a State; and (iii) entities organized or existing under the laws of a foreign country if the controlling interest (as defined by the Administrator) is held by an individual or entity described in clause (i) or (ii); (B) require any individual or entity that registers for a Program competition to assume any and all risks arising from participation in the competition, and to waive any and all claims against the United States Government for damages arising from participation in the competition, including any and all claims for injury, death, damage or loss of property, or loss of revenue or profits, whether direct, indirect, or consequential, whether through negligence or otherwise, except in the case of willful misconduct; and (C) require any individual or entity that registers for a Program competition to waive claims against any non-Federal entity involved with the Program (such as a private contractor managing a competition for the Program) to the extent the Administrator believes is necessary to protect the interests of the United States Government. (c) Availability of funds \n(1) Any funds appropriated to carry out this section shall remain available until expended. (2) Funds appropriated to carry out this section shall not be available for any other purpose and shall not be subject to reprogramming. (d) Limitations \n(1) No prize competitions under this section may be commenced after Sept. 30, 2006. (2) No prize offered by the Program may exceed $1,000,000. (e) Relationship to other authority \nThe Administrator may exercise the authority in this section in conjunction with or in addition to any other authority of the Administrator to acquire, support, or stimulate innovations with the potential for application to the space and aeronautical goals and activities of the United States. (f) Reports \n(1) The Administrator may not accept any registrations for a competition under the Program until 30 days after the Administrator has submitted a description of the competition to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. The description shall include eligibility criteria for registrants, criteria for selecting a winner, and the amount of the prize to be awarded. (2) In the proposed budget for the fiscal year beginning October 1, 2005, the Administrator shall include an estimate of the amounts proposed to be expended on the Program and a list of the competitions proposed for that fiscal year. (3) Not later than December 31, 2006, the Administrator shall submit to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an accounting of previously appropriated Program funds, including an accounting of administrative costs, of amounts remaining that are allocated to pending prize competitions, and of amounts remaining that are not yet so allocated..",
"id": "H3F5DB60BDE8C41C595A7ADCE343D13DB",
"header": "Centennial Challenge Prize",
"nested": [],
"links": [
{
"text": "42 U.S.C. 2451 et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/42/2451"
}
]
},
{
"text": "316. Centennial Challenge Prize \n(a) Prize program \nThe Administrator may carry out a Program, to be known as the Centennial Challenge Program (referred to in this section as the Program ), to award competitive prizes for innovations with the potential for application to the space and aeronautical goals and activities of the Administration. (b) Program requirements \n(1) The Program shall use a competitive process for the selection of prize recipients. The Program shall widely advertise and solicit participation in prize competitions. (2) No individual or entity shall participate in a prize competition unless the individual or entity has registered with the Program in accordance with requirements established by the Administrator. At a minimum those requirements shall— (A) limit participation in Program competitions to— (i) individuals who are citizens of the United States; (ii) entities organized or existing under the laws of the United States or a State; and (iii) entities organized or existing under the laws of a foreign country if the controlling interest (as defined by the Administrator) is held by an individual or entity described in clause (i) or (ii); (B) require any individual or entity that registers for a Program competition to assume any and all risks arising from participation in the competition, and to waive any and all claims against the United States Government for damages arising from participation in the competition, including any and all claims for injury, death, damage or loss of property, or loss of revenue or profits, whether direct, indirect, or consequential, whether through negligence or otherwise, except in the case of willful misconduct; and (C) require any individual or entity that registers for a Program competition to waive claims against any non-Federal entity involved with the Program (such as a private contractor managing a competition for the Program) to the extent the Administrator believes is necessary to protect the interests of the United States Government. (c) Availability of funds \n(1) Any funds appropriated to carry out this section shall remain available until expended. (2) Funds appropriated to carry out this section shall not be available for any other purpose and shall not be subject to reprogramming. (d) Limitations \n(1) No prize competitions under this section may be commenced after Sept. 30, 2006. (2) No prize offered by the Program may exceed $1,000,000. (e) Relationship to other authority \nThe Administrator may exercise the authority in this section in conjunction with or in addition to any other authority of the Administrator to acquire, support, or stimulate innovations with the potential for application to the space and aeronautical goals and activities of the United States. (f) Reports \n(1) The Administrator may not accept any registrations for a competition under the Program until 30 days after the Administrator has submitted a description of the competition to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. The description shall include eligibility criteria for registrants, criteria for selecting a winner, and the amount of the prize to be awarded. (2) In the proposed budget for the fiscal year beginning October 1, 2005, the Administrator shall include an estimate of the amounts proposed to be expended on the Program and a list of the competitions proposed for that fiscal year. (3) Not later than December 31, 2006, the Administrator shall submit to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an accounting of previously appropriated Program funds, including an accounting of administrative costs, of amounts remaining that are allocated to pending prize competitions, and of amounts remaining that are not yet so allocated.",
"id": "HE6541765CEE24A7FA8204CC1ED2C0327",
"header": "Centennial Challenge Prize",
"nested": [
{
"text": "(a) Prize program \nThe Administrator may carry out a Program, to be known as the Centennial Challenge Program (referred to in this section as the Program ), to award competitive prizes for innovations with the potential for application to the space and aeronautical goals and activities of the Administration.",
"id": "HA3890B2AF5434FAAA9841272BB99ECF4",
"header": "Prize program",
"nested": [],
"links": []
},
{
"text": "(b) Program requirements \n(1) The Program shall use a competitive process for the selection of prize recipients. The Program shall widely advertise and solicit participation in prize competitions. (2) No individual or entity shall participate in a prize competition unless the individual or entity has registered with the Program in accordance with requirements established by the Administrator. At a minimum those requirements shall— (A) limit participation in Program competitions to— (i) individuals who are citizens of the United States; (ii) entities organized or existing under the laws of the United States or a State; and (iii) entities organized or existing under the laws of a foreign country if the controlling interest (as defined by the Administrator) is held by an individual or entity described in clause (i) or (ii); (B) require any individual or entity that registers for a Program competition to assume any and all risks arising from participation in the competition, and to waive any and all claims against the United States Government for damages arising from participation in the competition, including any and all claims for injury, death, damage or loss of property, or loss of revenue or profits, whether direct, indirect, or consequential, whether through negligence or otherwise, except in the case of willful misconduct; and (C) require any individual or entity that registers for a Program competition to waive claims against any non-Federal entity involved with the Program (such as a private contractor managing a competition for the Program) to the extent the Administrator believes is necessary to protect the interests of the United States Government.",
"id": "H2F02020B534046118688D80914E0D8C",
"header": "Program requirements",
"nested": [],
"links": []
},
{
"text": "(c) Availability of funds \n(1) Any funds appropriated to carry out this section shall remain available until expended. (2) Funds appropriated to carry out this section shall not be available for any other purpose and shall not be subject to reprogramming.",
"id": "H1E81785C305B49A0AC74E8C27F664BAF",
"header": "Availability of funds",
"nested": [],
"links": []
},
{
"text": "(d) Limitations \n(1) No prize competitions under this section may be commenced after Sept. 30, 2006. (2) No prize offered by the Program may exceed $1,000,000.",
"id": "HC76B0761B1F94D1DBF3BCEF8C29C4C64",
"header": "Limitations",
"nested": [],
"links": []
},
{
"text": "(e) Relationship to other authority \nThe Administrator may exercise the authority in this section in conjunction with or in addition to any other authority of the Administrator to acquire, support, or stimulate innovations with the potential for application to the space and aeronautical goals and activities of the United States.",
"id": "H7D0601F9EA59413DB1DF3C80122D215B",
"header": "Relationship to other authority",
"nested": [],
"links": []
},
{
"text": "(f) Reports \n(1) The Administrator may not accept any registrations for a competition under the Program until 30 days after the Administrator has submitted a description of the competition to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. The description shall include eligibility criteria for registrants, criteria for selecting a winner, and the amount of the prize to be awarded. (2) In the proposed budget for the fiscal year beginning October 1, 2005, the Administrator shall include an estimate of the amounts proposed to be expended on the Program and a list of the competitions proposed for that fiscal year. (3) Not later than December 31, 2006, the Administrator shall submit to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an accounting of previously appropriated Program funds, including an accounting of administrative costs, of amounts remaining that are allocated to pending prize competitions, and of amounts remaining that are not yet so allocated.",
"id": "H07DE4D8409B94415A8DF6CCE00F19D45",
"header": "Reports",
"nested": [],
"links": []
}
],
"links": []
}
] | 2 | 1. Centennial Challenge Prize
Title III of the National Aeronautics and Space Act of 1958 ( 42 U.S.C. 2451 et seq. ) is amended by adding the following new section: 316. Centennial Challenge Prize
(a) Prize program
The Administrator may carry out a Program, to be known as the Centennial Challenge Program (referred to in this section as the Program ), to award competitive prizes for innovations with the potential for application to the space and aeronautical goals and activities of the Administration. (b) Program requirements
(1) The Program shall use a competitive process for the selection of prize recipients. The Program shall widely advertise and solicit participation in prize competitions. (2) No individual or entity shall participate in a prize competition unless the individual or entity has registered with the Program in accordance with requirements established by the Administrator. At a minimum those requirements shall— (A) limit participation in Program competitions to— (i) individuals who are citizens of the United States; (ii) entities organized or existing under the laws of the United States or a State; and (iii) entities organized or existing under the laws of a foreign country if the controlling interest (as defined by the Administrator) is held by an individual or entity described in clause (i) or (ii); (B) require any individual or entity that registers for a Program competition to assume any and all risks arising from participation in the competition, and to waive any and all claims against the United States Government for damages arising from participation in the competition, including any and all claims for injury, death, damage or loss of property, or loss of revenue or profits, whether direct, indirect, or consequential, whether through negligence or otherwise, except in the case of willful misconduct; and (C) require any individual or entity that registers for a Program competition to waive claims against any non-Federal entity involved with the Program (such as a private contractor managing a competition for the Program) to the extent the Administrator believes is necessary to protect the interests of the United States Government. (c) Availability of funds
(1) Any funds appropriated to carry out this section shall remain available until expended. (2) Funds appropriated to carry out this section shall not be available for any other purpose and shall not be subject to reprogramming. (d) Limitations
(1) No prize competitions under this section may be commenced after Sept. 30, 2006. (2) No prize offered by the Program may exceed $1,000,000. (e) Relationship to other authority
The Administrator may exercise the authority in this section in conjunction with or in addition to any other authority of the Administrator to acquire, support, or stimulate innovations with the potential for application to the space and aeronautical goals and activities of the United States. (f) Reports
(1) The Administrator may not accept any registrations for a competition under the Program until 30 days after the Administrator has submitted a description of the competition to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. The description shall include eligibility criteria for registrants, criteria for selecting a winner, and the amount of the prize to be awarded. (2) In the proposed budget for the fiscal year beginning October 1, 2005, the Administrator shall include an estimate of the amounts proposed to be expended on the Program and a list of the competitions proposed for that fiscal year. (3) Not later than December 31, 2006, the Administrator shall submit to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an accounting of previously appropriated Program funds, including an accounting of administrative costs, of amounts remaining that are allocated to pending prize competitions, and of amounts remaining that are not yet so allocated.. 316. Centennial Challenge Prize
(a) Prize program
The Administrator may carry out a Program, to be known as the Centennial Challenge Program (referred to in this section as the Program ), to award competitive prizes for innovations with the potential for application to the space and aeronautical goals and activities of the Administration. (b) Program requirements
(1) The Program shall use a competitive process for the selection of prize recipients. The Program shall widely advertise and solicit participation in prize competitions. (2) No individual or entity shall participate in a prize competition unless the individual or entity has registered with the Program in accordance with requirements established by the Administrator. At a minimum those requirements shall— (A) limit participation in Program competitions to— (i) individuals who are citizens of the United States; (ii) entities organized or existing under the laws of the United States or a State; and (iii) entities organized or existing under the laws of a foreign country if the controlling interest (as defined by the Administrator) is held by an individual or entity described in clause (i) or (ii); (B) require any individual or entity that registers for a Program competition to assume any and all risks arising from participation in the competition, and to waive any and all claims against the United States Government for damages arising from participation in the competition, including any and all claims for injury, death, damage or loss of property, or loss of revenue or profits, whether direct, indirect, or consequential, whether through negligence or otherwise, except in the case of willful misconduct; and (C) require any individual or entity that registers for a Program competition to waive claims against any non-Federal entity involved with the Program (such as a private contractor managing a competition for the Program) to the extent the Administrator believes is necessary to protect the interests of the United States Government. (c) Availability of funds
(1) Any funds appropriated to carry out this section shall remain available until expended. (2) Funds appropriated to carry out this section shall not be available for any other purpose and shall not be subject to reprogramming. (d) Limitations
(1) No prize competitions under this section may be commenced after Sept. 30, 2006. (2) No prize offered by the Program may exceed $1,000,000. (e) Relationship to other authority
The Administrator may exercise the authority in this section in conjunction with or in addition to any other authority of the Administrator to acquire, support, or stimulate innovations with the potential for application to the space and aeronautical goals and activities of the United States. (f) Reports
(1) The Administrator may not accept any registrations for a competition under the Program until 30 days after the Administrator has submitted a description of the competition to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. The description shall include eligibility criteria for registrants, criteria for selecting a winner, and the amount of the prize to be awarded. (2) In the proposed budget for the fiscal year beginning October 1, 2005, the Administrator shall include an estimate of the amounts proposed to be expended on the Program and a list of the competitions proposed for that fiscal year. (3) Not later than December 31, 2006, the Administrator shall submit to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an accounting of previously appropriated Program funds, including an accounting of administrative costs, of amounts remaining that are allocated to pending prize competitions, and of amounts remaining that are not yet so allocated. | 7,986 | [
"Science, Space, and Technology Committee"
] |
108hr4426ih | 108 | hr | 4,426 | ih | To prohibit certain entities from trading in capital markets in the United States. | [
{
"text": "1. Prohibition on trading in U.S. capital markets \n(a) Prohibition \nThe President shall exercise the authorities he has under the International Emergency Economic Powers Act (without regard to section 202 of that Act) to prohibit any entity engaged in the development of oil or gas in Sudan— (1) from raising capital in the United States; or (2) from trading its securities (or depository receipts with respect to its securities) in any capital market in the United States. (b) Definition \nFor purposes of this section, an entity is engaged in the development of oil or gas in Sudan if that entity is directly engaged in the exploration, production, transportation (by pipeline or otherwise), or refining of petroleum, natural gas, or petroleum products in Sudan.",
"id": "HF8C74323AD3A438296D431EEB252F6C",
"header": "Prohibition on trading in U.S. capital markets",
"nested": [
{
"text": "(a) Prohibition \nThe President shall exercise the authorities he has under the International Emergency Economic Powers Act (without regard to section 202 of that Act) to prohibit any entity engaged in the development of oil or gas in Sudan— (1) from raising capital in the United States; or (2) from trading its securities (or depository receipts with respect to its securities) in any capital market in the United States.",
"id": "H65CB8C99AF6741F3B5560491A86B0065",
"header": "Prohibition",
"nested": [],
"links": []
},
{
"text": "(b) Definition \nFor purposes of this section, an entity is engaged in the development of oil or gas in Sudan if that entity is directly engaged in the exploration, production, transportation (by pipeline or otherwise), or refining of petroleum, natural gas, or petroleum products in Sudan.",
"id": "HDFCF6327EB6C417FACFEA9EDF5232D56",
"header": "Definition",
"nested": [],
"links": []
}
],
"links": []
}
] | 1 | 1. Prohibition on trading in U.S. capital markets
(a) Prohibition
The President shall exercise the authorities he has under the International Emergency Economic Powers Act (without regard to section 202 of that Act) to prohibit any entity engaged in the development of oil or gas in Sudan— (1) from raising capital in the United States; or (2) from trading its securities (or depository receipts with respect to its securities) in any capital market in the United States. (b) Definition
For purposes of this section, an entity is engaged in the development of oil or gas in Sudan if that entity is directly engaged in the exploration, production, transportation (by pipeline or otherwise), or refining of petroleum, natural gas, or petroleum products in Sudan. | 763 | [
"Foreign Affairs Committee"
] |
108hr3842ih | 108 | hr | 3,842 | ih | To amend part C of title XVIII of the Social Security Act to prohibit the operation of the Medicare comparative cost adjustment (CCA) program in New York. | [
{
"text": "1. Prohibition on operation of medicare comparative cost adjustment (CCA) program in New York \nSection 1860C–1(b)(2) of the Social Security Act ( 42 U.S.C. 1395w–29(b)(2) ), as added by section 241(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), is amended by adding at the end the following new subparagraph: (C) No part in New York \nNo part of the MSA is in New York..",
"id": "HBF2299534AE64BBFA05F000406CB25A",
"header": "Prohibition on operation of medicare comparative cost adjustment (CCA) program in New York",
"nested": [],
"links": [
{
"text": "42 U.S.C. 1395w–29(b)(2)",
"legal-doc": "usc",
"parsable-cite": "usc/42/1395w-29"
},
{
"text": "Public Law 108–173",
"legal-doc": "public-law",
"parsable-cite": "pl/108/173"
}
]
}
] | 1 | 1. Prohibition on operation of medicare comparative cost adjustment (CCA) program in New York
Section 1860C–1(b)(2) of the Social Security Act ( 42 U.S.C. 1395w–29(b)(2) ), as added by section 241(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), is amended by adding at the end the following new subparagraph: (C) No part in New York
No part of the MSA is in New York.. | 427 | [
"Energy and Commerce Committee",
"Ways and Means Committee"
] |
108hr4896ih | 108 | hr | 4,896 | ih | To provide for the security of the United States railroad system. | [
{
"text": "1. Short title \nThis Act may be cited as the Protecting Railroad Operators, Travelers, Employees, and Communities with Transportation Security Act of 2004.",
"id": "HA87EF34F39334AC482410072268741D5",
"header": "Short title",
"nested": [],
"links": []
},
{
"text": "2. Rail transportation security risk assessment \n(a) In general \n(1) Vulnerability assessment \nThe Secretary of Transportation, in consultation with the Secretary of Homeland Security, shall complete a vulnerability assessment of railroad transportation. The assessment shall include— (A) identification and evaluation of critical assets and infrastructures to reduce the vulnerability of the railroad transportation system in the event of an attack on any one target and to ensure that our cities continue to function should an attack occur; (B) identification of threats to those assets and infrastructures; (C) identification of vulnerabilities that are specific to the transportation of hazardous materials by railroad; (D) identification of redundant and backup systems required to ensure the continued operation of critical elements of the railroad system in the event of an attack or other incident, including disruption of commercial electric power or communications networks; and (E) identification of security weaknesses in passenger and cargo security, transportation infrastructure, protection systems, procedural policies, communications systems, employee training, emergency response planning, and any other area identified by the assessment. (2) Existing private and public sector efforts \nThe assessment may take into account actions taken or planned by both public and private entities to address identified security issues and assess the effective integration of such actions. (3) Recommendations \nBased on the assessment conducted under paragraph (1), the Secretary of Transportation, in consultation with the Secretary of Homeland Security, shall develop prioritized recommendations for improving rail security, including any recommendations the Secretary of Transportation has for— (A) improving the security of rail tunnels, rail bridges, rail switching and car storage areas, other rail infrastructure and facilities, information systems, and other areas identified by the Secretary of Transportation as posing significant rail-related risks to public safety and the movement of interstate commerce, taking into account the impact that any proposed security measure might have on the provision of rail service; (B) monitoring critical assets and infrastructure; (C) deploying equipment to detect explosives and hazardous chemical, biological, and radioactive substances, and any appropriate countermeasures; (D) training employees and emergency responders in terrorism prevention, passenger evacuation, including tunnel evacuation, and response activities; (E) conducting public outreach campaigns on passenger railroads; (F) deploying surveillance equipment; and (G) identifying the immediate and long-term costs of measures that may be required to address those risks. (4) Plans \nThe report required by subsection (c) shall include— (A) a plan for the Federal Government to provide increased security support at high or severe threat levels of alert; and (B) a plan for coordinating rail security initiatives undertaken by the public and private sectors. (b) Consultation; use of existing resources \nIn carrying out the assessment required by subsection (a), the Secretary of Transportation shall consult with railroad carriers, nonprofit employee organizations that represent railroad workers, owners or lessors of rail cars used to transport hazardous materials, shippers of hazardous materials by rail, public safety officials (including those within other Federal agencies), and other relevant parties. (c) Report \n(1) Contents \nNot later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing the assessment and prioritized recommendations required by subsection (a) and an estimate of the cost to implement such recommendations. (2) Format \nThe Secretary of Transportation may submit the report in both classified and redacted formats if the Secretary of Transportation determines that such action is appropriate or necessary. (d) 2-Year updates \nThe Secretary of Transportation, in consultation with the Secretary of Homeland Security, shall update the assessment and recommendations every 2 years and transmit a report, which may be submitted in both classified and redacted formats, to the Committees named in subsection (c)(1), containing the updated assessment and recommendations. (e) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary of Transportation $5,000,000 for fiscal year 2005 for the purpose of carrying out this section.",
"id": "H505F30AC6D60424DAEBA633DE4F53D28",
"header": "Rail transportation security risk assessment",
"nested": [
{
"text": "(a) In general \n(1) Vulnerability assessment \nThe Secretary of Transportation, in consultation with the Secretary of Homeland Security, shall complete a vulnerability assessment of railroad transportation. The assessment shall include— (A) identification and evaluation of critical assets and infrastructures to reduce the vulnerability of the railroad transportation system in the event of an attack on any one target and to ensure that our cities continue to function should an attack occur; (B) identification of threats to those assets and infrastructures; (C) identification of vulnerabilities that are specific to the transportation of hazardous materials by railroad; (D) identification of redundant and backup systems required to ensure the continued operation of critical elements of the railroad system in the event of an attack or other incident, including disruption of commercial electric power or communications networks; and (E) identification of security weaknesses in passenger and cargo security, transportation infrastructure, protection systems, procedural policies, communications systems, employee training, emergency response planning, and any other area identified by the assessment. (2) Existing private and public sector efforts \nThe assessment may take into account actions taken or planned by both public and private entities to address identified security issues and assess the effective integration of such actions. (3) Recommendations \nBased on the assessment conducted under paragraph (1), the Secretary of Transportation, in consultation with the Secretary of Homeland Security, shall develop prioritized recommendations for improving rail security, including any recommendations the Secretary of Transportation has for— (A) improving the security of rail tunnels, rail bridges, rail switching and car storage areas, other rail infrastructure and facilities, information systems, and other areas identified by the Secretary of Transportation as posing significant rail-related risks to public safety and the movement of interstate commerce, taking into account the impact that any proposed security measure might have on the provision of rail service; (B) monitoring critical assets and infrastructure; (C) deploying equipment to detect explosives and hazardous chemical, biological, and radioactive substances, and any appropriate countermeasures; (D) training employees and emergency responders in terrorism prevention, passenger evacuation, including tunnel evacuation, and response activities; (E) conducting public outreach campaigns on passenger railroads; (F) deploying surveillance equipment; and (G) identifying the immediate and long-term costs of measures that may be required to address those risks. (4) Plans \nThe report required by subsection (c) shall include— (A) a plan for the Federal Government to provide increased security support at high or severe threat levels of alert; and (B) a plan for coordinating rail security initiatives undertaken by the public and private sectors.",
"id": "H127D80DDAB8A48259C84A4005C7844F6",
"header": "In general",
"nested": [],
"links": []
},
{
"text": "(b) Consultation; use of existing resources \nIn carrying out the assessment required by subsection (a), the Secretary of Transportation shall consult with railroad carriers, nonprofit employee organizations that represent railroad workers, owners or lessors of rail cars used to transport hazardous materials, shippers of hazardous materials by rail, public safety officials (including those within other Federal agencies), and other relevant parties.",
"id": "HB56C68A9A214464099BC96D310586B50",
"header": "Consultation; use of existing resources",
"nested": [],
"links": []
},
{
"text": "(c) Report \n(1) Contents \nNot later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing the assessment and prioritized recommendations required by subsection (a) and an estimate of the cost to implement such recommendations. (2) Format \nThe Secretary of Transportation may submit the report in both classified and redacted formats if the Secretary of Transportation determines that such action is appropriate or necessary.",
"id": "HFEF4882FCC6443D697AF8327B81EA076",
"header": "Report",
"nested": [],
"links": []
},
{
"text": "(d) 2-Year updates \nThe Secretary of Transportation, in consultation with the Secretary of Homeland Security, shall update the assessment and recommendations every 2 years and transmit a report, which may be submitted in both classified and redacted formats, to the Committees named in subsection (c)(1), containing the updated assessment and recommendations.",
"id": "H70F03493C08B4B058796CF7406F5BD1B",
"header": "2-Year updates",
"nested": [],
"links": []
},
{
"text": "(e) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary of Transportation $5,000,000 for fiscal year 2005 for the purpose of carrying out this section.",
"id": "H0B28426EB4114F0EB8824265A024B535",
"header": "Authorization of appropriations",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "3. Memorandum of agreement \nNot later than 60 days after the date of enactment of this Act, the Secretary of Transportation and the Secretary of Homeland Security shall execute a memorandum of agreement governing the roles and responsibilities of the Department of Transportation and the Department of Homeland Security, respectively, in addressing railroad transportation security matters, including the processes the departments will follow to promote communications, efficiency, and nonduplication of effort.",
"id": "H6ABE8DDF5C3F4D0ABE310045EB9E9470",
"header": "Memorandum of agreement",
"nested": [],
"links": []
},
{
"text": "4. Study of foreign rail transport security programs \n(a) Requirement for study \nNot later than one year after the date of enactment of this Act, the Comptroller General shall complete a study of the rail passenger transportation security programs that are carried out for rail transportation systems in Japan, member nations of the European Union, and other foreign countries. (b) Purpose \nThe purpose of the study shall be to identify effective rail transportation security measures that are in use in foreign rail transportation systems, including innovative measures and screening procedures determined effective. (c) Report \nThe Comptroller General shall submit a report on the results of the study to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. The report shall include the Comptroller General’s assessment regarding whether it is feasible to implement within the United States any of the same or similar security measures that are determined effective under the study.",
"id": "HA8AC91FA8ACB459CA7B7978FF4B5D61C",
"header": "Study of foreign rail transport security programs",
"nested": [
{
"text": "(a) Requirement for study \nNot later than one year after the date of enactment of this Act, the Comptroller General shall complete a study of the rail passenger transportation security programs that are carried out for rail transportation systems in Japan, member nations of the European Union, and other foreign countries.",
"id": "H4D10D9A41650450EA58E28088295BFA8",
"header": "Requirement for study",
"nested": [],
"links": []
},
{
"text": "(b) Purpose \nThe purpose of the study shall be to identify effective rail transportation security measures that are in use in foreign rail transportation systems, including innovative measures and screening procedures determined effective.",
"id": "H97507F422C204BB0BD4F206B021002FF",
"header": "Purpose",
"nested": [],
"links": []
},
{
"text": "(c) Report \nThe Comptroller General shall submit a report on the results of the study to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. The report shall include the Comptroller General’s assessment regarding whether it is feasible to implement within the United States any of the same or similar security measures that are determined effective under the study.",
"id": "HA6A89B6C33034CCBBECE29788BB896C",
"header": "Report",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "5. Rail police officers \nSection 28101 of title 49, United States Code, is amended by striking the rail carrier each place it appears and inserting any rail carrier.",
"id": "H8223AC2F7DE84A0081E5CC7E42624B7",
"header": "Rail police officers",
"nested": [],
"links": [
{
"text": "Section 28101",
"legal-doc": "usc",
"parsable-cite": "usc/49/28101"
}
]
},
{
"text": "6. Review of rail regulations \nThe Inspector General of the Department of Transportation shall review existing rail regulations of the Department of Transportation for the purpose of identifying areas in which those regulations need to be revised to improve rail security. The Inspector General shall consult, as the Inspector General considers appropriate, with officials of the Department of Homeland Security and other Federal officials. Not later than 1 year after the date of enactment of this Act, the Inspector General shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the review under this section, including recommendations for changes to the regulations reviewed and any legislative changes required to improve railroad security.",
"id": "HAC311E43EF07443888D3DBDF2E90B6B7",
"header": "Review of rail regulations",
"nested": [],
"links": []
},
{
"text": "7. Freight and passenger rail security improvement program \n(a) Security improvement grants \nThe Secretary of Transportation is authorized to make grants to railroad carriers, nonprofit employee organizations that represent railroad workers or emergency responders, shippers of hazardous materials by rail, owners of rail cars used in the transportation of hazardous materials, universities, colleges, and research centers, and State and local governments, for full or partial reimbursement of costs incurred in the conduct of activities to prevent or respond to acts of terrorism, sabotage, or other railroad security threats, including— (1) perimeter protection systems, including access control, installation of better lighting, fencing, and barricades at railroad facilities; (2) structural modification or replacement of rail cars transporting high hazard materials to improve their resistance to acts of terrorism; (3) technologies for reduction of tank car vulnerability; (4) security improvements to passenger railroad stations, trains, and infrastructure; (5) tunnel protection systems; (6) passenger and employee evacuation technologies; (7) inspection technologies, including verified visual inspection technologies using hand-held readers and discs; (8) security and redundancy for critical communications, computer, and train control systems essential for secure railroad operations or to continue railroad operations after an attack impacting railroad operations; (9) train tracking and interoperable communications systems; (10) explosive detection technology and devices; (11) security of hazardous material transportation by rail; (12) fire suppression and decontamination equipment; (13) surveillance equipment and round-the-clock monitoring of critical infrastructure locations; (14) additional police and security officers, including canine units; (15) accommodation of cargo or passenger screening equipment; (16) employee security awareness, preparedness, and emergency response training; (17) public security awareness campaigns for passenger train operations; and (18) other improvements recommended by the report required by section 2, including infrastructure, facilities, and equipment upgrades. (b) Conditions \nThe Secretary of Transportation may not disburse funds to Amtrak under subsection (a) unless Amtrak meets the conditions set forth in section 12(b). (c) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary of Transportation $500,000,000 for fiscal year 2005 to carry out the purposes of this section. Amounts appropriated pursuant to this subsection shall remain available until expended.",
"id": "H9707BF0D1B3D42419D824E5184E2D274",
"header": "Freight and passenger rail security improvement program",
"nested": [
{
"text": "(a) Security improvement grants \nThe Secretary of Transportation is authorized to make grants to railroad carriers, nonprofit employee organizations that represent railroad workers or emergency responders, shippers of hazardous materials by rail, owners of rail cars used in the transportation of hazardous materials, universities, colleges, and research centers, and State and local governments, for full or partial reimbursement of costs incurred in the conduct of activities to prevent or respond to acts of terrorism, sabotage, or other railroad security threats, including— (1) perimeter protection systems, including access control, installation of better lighting, fencing, and barricades at railroad facilities; (2) structural modification or replacement of rail cars transporting high hazard materials to improve their resistance to acts of terrorism; (3) technologies for reduction of tank car vulnerability; (4) security improvements to passenger railroad stations, trains, and infrastructure; (5) tunnel protection systems; (6) passenger and employee evacuation technologies; (7) inspection technologies, including verified visual inspection technologies using hand-held readers and discs; (8) security and redundancy for critical communications, computer, and train control systems essential for secure railroad operations or to continue railroad operations after an attack impacting railroad operations; (9) train tracking and interoperable communications systems; (10) explosive detection technology and devices; (11) security of hazardous material transportation by rail; (12) fire suppression and decontamination equipment; (13) surveillance equipment and round-the-clock monitoring of critical infrastructure locations; (14) additional police and security officers, including canine units; (15) accommodation of cargo or passenger screening equipment; (16) employee security awareness, preparedness, and emergency response training; (17) public security awareness campaigns for passenger train operations; and (18) other improvements recommended by the report required by section 2, including infrastructure, facilities, and equipment upgrades.",
"id": "HE35C1687B34B45E9BEFC9C1DCCB8FE4F",
"header": "Security improvement grants",
"nested": [],
"links": []
},
{
"text": "(b) Conditions \nThe Secretary of Transportation may not disburse funds to Amtrak under subsection (a) unless Amtrak meets the conditions set forth in section 12(b).",
"id": "H5BCF141BD47D47CCAEEC19B4FADC9291",
"header": "Conditions",
"nested": [],
"links": []
},
{
"text": "(c) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary of Transportation $500,000,000 for fiscal year 2005 to carry out the purposes of this section. Amounts appropriated pursuant to this subsection shall remain available until expended.",
"id": "HA99CC1BEB1B241A9ACC2059FB9B4C68",
"header": "Authorization of appropriations",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "8. Fire and life-safety improvements \n(a) Life-safety needs \nThe Secretary of Transportation is authorized to make grants to Amtrak for the purpose of making fire and life-safety improvements to tunnels on the Northeast Corridor in New York, New York, Baltimore, Maryland, and Washington, District of Columbia. (b) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary of Transportation for the purposes of carrying out subsection (a) the following amounts: (1) For the 6 New York tunnels to provide ventilation, electrical, and fire safety technology upgrades, emergency communication and lighting systems, and emergency access and egress for passengers— (A) $100,000,000 for fiscal year 2005; (B) $100,000,000 for fiscal year 2006; (C) $100,000,000 for fiscal year 2007; (D) $100,000,000 for fiscal year 2008; and (E) $100,000,000 for fiscal year 2009. (2) For the Baltimore & Potomac Tunnel and the Union tunnel, together, to provide adequate drainage, ventilation, communication, lighting, and passenger egress upgrades— (A) $10,000,000 for fiscal year 2005; (B) $10,000,000 for fiscal year 2006; (C) $10,000,000 for fiscal year 2007; (D) $10,000,000 for fiscal year 2008; and (E) $17,000,000 for fiscal year 2009. (3) For the Washington, District of Columbia, Union Station tunnels to improve ventilation, communication, lighting, and passenger egress upgrades— (A) $8,000,000 for fiscal year 2005; (B) $8,000,000 for fiscal year 2006; (C) $8,000,000 for fiscal year 2007; (D) $8,000,000 for fiscal year 2008; and (E) $8,000,000 for fiscal year 2009. (c) Availability of appropriated funds \nAmounts appropriated pursuant to this section shall remain available until expended.",
"id": "H741EA9C4E55440748DE89F7D72D6E5AA",
"header": "Fire and life-safety improvements",
"nested": [
{
"text": "(a) Life-safety needs \nThe Secretary of Transportation is authorized to make grants to Amtrak for the purpose of making fire and life-safety improvements to tunnels on the Northeast Corridor in New York, New York, Baltimore, Maryland, and Washington, District of Columbia.",
"id": "H31916B43DD044F4A9EBAD79CC758E5C9",
"header": "Life-safety needs",
"nested": [],
"links": []
},
{
"text": "(b) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary of Transportation for the purposes of carrying out subsection (a) the following amounts: (1) For the 6 New York tunnels to provide ventilation, electrical, and fire safety technology upgrades, emergency communication and lighting systems, and emergency access and egress for passengers— (A) $100,000,000 for fiscal year 2005; (B) $100,000,000 for fiscal year 2006; (C) $100,000,000 for fiscal year 2007; (D) $100,000,000 for fiscal year 2008; and (E) $100,000,000 for fiscal year 2009. (2) For the Baltimore & Potomac Tunnel and the Union tunnel, together, to provide adequate drainage, ventilation, communication, lighting, and passenger egress upgrades— (A) $10,000,000 for fiscal year 2005; (B) $10,000,000 for fiscal year 2006; (C) $10,000,000 for fiscal year 2007; (D) $10,000,000 for fiscal year 2008; and (E) $17,000,000 for fiscal year 2009. (3) For the Washington, District of Columbia, Union Station tunnels to improve ventilation, communication, lighting, and passenger egress upgrades— (A) $8,000,000 for fiscal year 2005; (B) $8,000,000 for fiscal year 2006; (C) $8,000,000 for fiscal year 2007; (D) $8,000,000 for fiscal year 2008; and (E) $8,000,000 for fiscal year 2009.",
"id": "HB85DD33E167B476BB2E6503582002934",
"header": "Authorization of appropriations",
"nested": [],
"links": []
},
{
"text": "(c) Availability of appropriated funds \nAmounts appropriated pursuant to this section shall remain available until expended.",
"id": "H05B1C15E65E84D1DA8C6E58F71E95904",
"header": "Availability of appropriated funds",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "9. Rail security research and development \n(a) Establishment of research and development program \nThe Secretary of Transportation, in consultation with the Secretary of Homeland Security, shall carry out a research and development program for the purpose of improving railroad security that may include research and development projects to— (1) reduce the vulnerability of passenger trains, stations, and equipment to explosives and hazardous chemical, biological, and radioactive substances; (2) test new emergency response techniques and technologies; (3) develop improved freight technologies, including— (A) technologies for sealing rail cars; (B) automatic inspection of rail cars; (C) communication-based train controls; and (D) emergency response training; (4) test wayside detectors that can detect tampering with railroad equipment; (5) support enhanced security for the transportation of hazardous materials by rail, including— (A) technologies to detect a breach in a tank car and transmit information about the integrity of tank cars to the train crew; (B) research to improve tank car integrity, with a focus on tank cars that carry high hazard materials; and (C) techniques to transfer hazardous materials from rail cars that are damaged or otherwise represent an unreasonable risk to human life or public safety; and (6) other projects recommended in the report required by section 2. (b) Coordination with other research initiatives \nThe Secretary of Transportation shall ensure that the research and development program authorized by this section is coordinated with other research and development initiatives at the Department of Transportation and other Federal agencies. (c) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary of Transportation $50,000,000 in each of fiscal years 2005 and 2006 to carry out the purposes of this section. Amounts appropriated pursuant to this subsection shall remain available until expended.",
"id": "H60175526CA65439ABEDC77C32939FD35",
"header": "Rail security research and development",
"nested": [
{
"text": "(a) Establishment of research and development program \nThe Secretary of Transportation, in consultation with the Secretary of Homeland Security, shall carry out a research and development program for the purpose of improving railroad security that may include research and development projects to— (1) reduce the vulnerability of passenger trains, stations, and equipment to explosives and hazardous chemical, biological, and radioactive substances; (2) test new emergency response techniques and technologies; (3) develop improved freight technologies, including— (A) technologies for sealing rail cars; (B) automatic inspection of rail cars; (C) communication-based train controls; and (D) emergency response training; (4) test wayside detectors that can detect tampering with railroad equipment; (5) support enhanced security for the transportation of hazardous materials by rail, including— (A) technologies to detect a breach in a tank car and transmit information about the integrity of tank cars to the train crew; (B) research to improve tank car integrity, with a focus on tank cars that carry high hazard materials; and (C) techniques to transfer hazardous materials from rail cars that are damaged or otherwise represent an unreasonable risk to human life or public safety; and (6) other projects recommended in the report required by section 2.",
"id": "HC005573543E346849B733E75108C7FDD",
"header": "Establishment of research and development program",
"nested": [],
"links": []
},
{
"text": "(b) Coordination with other research initiatives \nThe Secretary of Transportation shall ensure that the research and development program authorized by this section is coordinated with other research and development initiatives at the Department of Transportation and other Federal agencies.",
"id": "HD4DEA33C616C4485B0F319D8567167B6",
"header": "Coordination with other research initiatives",
"nested": [],
"links": []
},
{
"text": "(c) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary of Transportation $50,000,000 in each of fiscal years 2005 and 2006 to carry out the purposes of this section. Amounts appropriated pursuant to this subsection shall remain available until expended.",
"id": "H703E3112850E44568C5B4C76BFE996F7",
"header": "Authorization of appropriations",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "10. Rail worker security training program \n(a) In general \nNot later than 60 days after the date of enactment of this Act, the Secretary of Transportation, in consultation with appropriate law enforcement, security, and terrorism experts, representatives of railroad carriers, and nonprofit employee organizations that represent rail workers, shall develop and issue detailed guidance for a rail worker security training program to prepare front-line workers for potential threat conditions. (b) Program elements \nThe guidance developed under subsection (a) shall require such a program to include, at a minimum, elements that address the following: (1) Determination of the seriousness of any occurrence. (2) Crew communication and coordination. (3) Appropriate responses to defend oneself. (4) Use of protective devices. (5) Evacuation procedures. (6) Psychology of terrorists to cope with hijacker behavior and passenger responses. (7) Live situational training exercises regarding various threat conditions, including tunnel evacuation procedures. (8) Any other subject the Secretary considers appropriate. (c) Railroad carrier programs \nNot later than 60 days after the Secretary issues guidance under subsection (a) in final form, each railroad carrier shall develop a rail worker security training program in accordance with that guidance and submit it to the Secretary for approval. Not later than 30 days after receiving a railroad carrier’s program under this subsection, the Secretary shall review the program and approve it or require the railroad carrier to make any revisions the Secretary considers necessary for the program to meet the guidance requirements. (d) Training \nNot later than 180 days after the Secretary approves the training program developed by a railroad carrier under this section, the railroad carrier shall complete the training of all front-line workers in accordance with that program. (e) Updates \nThe Secretary shall update the training guidance issued under subsection (a) from time to time to reflect new or different security threats, and require railroad carriers to revise their programs accordingly and provide additional training to their front-line workers.",
"id": "HB3A01C05206E46F295AD8029BA621F0",
"header": "Rail worker security training program",
"nested": [
{
"text": "(a) In general \nNot later than 60 days after the date of enactment of this Act, the Secretary of Transportation, in consultation with appropriate law enforcement, security, and terrorism experts, representatives of railroad carriers, and nonprofit employee organizations that represent rail workers, shall develop and issue detailed guidance for a rail worker security training program to prepare front-line workers for potential threat conditions.",
"id": "HB711CF2AEEF645FAB784275740F3739D",
"header": "In general",
"nested": [],
"links": []
},
{
"text": "(b) Program elements \nThe guidance developed under subsection (a) shall require such a program to include, at a minimum, elements that address the following: (1) Determination of the seriousness of any occurrence. (2) Crew communication and coordination. (3) Appropriate responses to defend oneself. (4) Use of protective devices. (5) Evacuation procedures. (6) Psychology of terrorists to cope with hijacker behavior and passenger responses. (7) Live situational training exercises regarding various threat conditions, including tunnel evacuation procedures. (8) Any other subject the Secretary considers appropriate.",
"id": "H8B593F13A71042DCA41C1DEFDF043500",
"header": "Program elements",
"nested": [],
"links": []
},
{
"text": "(c) Railroad carrier programs \nNot later than 60 days after the Secretary issues guidance under subsection (a) in final form, each railroad carrier shall develop a rail worker security training program in accordance with that guidance and submit it to the Secretary for approval. Not later than 30 days after receiving a railroad carrier’s program under this subsection, the Secretary shall review the program and approve it or require the railroad carrier to make any revisions the Secretary considers necessary for the program to meet the guidance requirements.",
"id": "H1C7F41BB21C44AAFB6B8A9962300ECF2",
"header": "Railroad carrier programs",
"nested": [],
"links": []
},
{
"text": "(d) Training \nNot later than 180 days after the Secretary approves the training program developed by a railroad carrier under this section, the railroad carrier shall complete the training of all front-line workers in accordance with that program.",
"id": "H7839DA7CAFF94907A9754596D1055366",
"header": "Training",
"nested": [],
"links": []
},
{
"text": "(e) Updates \nThe Secretary shall update the training guidance issued under subsection (a) from time to time to reflect new or different security threats, and require railroad carriers to revise their programs accordingly and provide additional training to their front-line workers.",
"id": "H6BB82FA421174FC49B7FB2BCB18E72A7",
"header": "Updates",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "11. Whistleblower protection \n(a) In general \nNo employee or other person may be harassed, prosecuted, held liable, or discriminated against in any way— (1) because that person— (A) has commenced or caused to be commenced, or is about to commence; (B) has testified or is about to testify at; or (C) has assisted or participated in, or is about to assist or participate in any manner in, a proceeding or any other action to enhance public transportation security; or (2) because that person has refused to violate or assist in the violation of any law, rule, or regulation related to public transportation security. (b) Application of sarbanes-oxley Act of 2002 amendments \n(1) Civil action to protect against retaliation in fraud cases \nSection 1514A of title 18, United States Code, shall apply to subsection (a) of this section as if— (A) an act or refusal to act described in subsection (a) were described in such section 1514A; and (B) a violation of subsection (a) were a violation of such section 1514A(a). (2) Retaliating against a witness, victim, or informant \nSection 1513(e) of title 18, United States Code, shall apply to a violation of subsection (a) of this section as if the violation of subsection (a) were a violation of such section 1513.",
"id": "H4EFECB75A25F4FFCA1C0C15E52234EFC",
"header": "Whistleblower protection",
"nested": [
{
"text": "(a) In general \nNo employee or other person may be harassed, prosecuted, held liable, or discriminated against in any way— (1) because that person— (A) has commenced or caused to be commenced, or is about to commence; (B) has testified or is about to testify at; or (C) has assisted or participated in, or is about to assist or participate in any manner in, a proceeding or any other action to enhance public transportation security; or (2) because that person has refused to violate or assist in the violation of any law, rule, or regulation related to public transportation security.",
"id": "H720FC6CB0CB94A488D39358BA5EF00C5",
"header": "In general",
"nested": [],
"links": []
},
{
"text": "(b) Application of sarbanes-oxley Act of 2002 amendments \n(1) Civil action to protect against retaliation in fraud cases \nSection 1514A of title 18, United States Code, shall apply to subsection (a) of this section as if— (A) an act or refusal to act described in subsection (a) were described in such section 1514A; and (B) a violation of subsection (a) were a violation of such section 1514A(a). (2) Retaliating against a witness, victim, or informant \nSection 1513(e) of title 18, United States Code, shall apply to a violation of subsection (a) of this section as if the violation of subsection (a) were a violation of such section 1513.",
"id": "HFBCF1748D7D84738818444D689827FA5",
"header": "Application of sarbanes-oxley Act of 2002 amendments",
"nested": [],
"links": [
{
"text": "Section 1514A",
"legal-doc": "usc",
"parsable-cite": "usc/18/1514A"
},
{
"text": "Section 1513(e)",
"legal-doc": "usc",
"parsable-cite": "usc/18/1513"
}
]
}
],
"links": [
{
"text": "Section 1514A",
"legal-doc": "usc",
"parsable-cite": "usc/18/1514A"
},
{
"text": "Section 1513(e)",
"legal-doc": "usc",
"parsable-cite": "usc/18/1513"
}
]
},
{
"text": "12. Systemwide Amtrak security upgrades \n(a) In general \nThe Secretary of Transportation is authorized to make grants to Amtrak for— (1) tunnel protection systems; (2) perimeter protection systems; (3) redundant critical operations control systems; (4) chemical, biological, radiological, or explosive detection systems; (5) surveillance equipment; (6) communications equipment; (7) emergency response equipment; (8) fire suppression and decontamination equipment; (9) global positioning or automated vehicle locator type system equipment; (10) training of front-line workers and other first responders; (11) evacuation improvements; and (12) other capital safety improvements. (b) Conditions \nThe Secretary of Transportation may not disburse funds to Amtrak under subsection (a) unless the projects are contained in a systemwide security plan approved by the Secretary, in consultation with the Secretary of Homeland Security. The plan shall include appropriate measures to address security awareness, emergency response, and passenger evacuation training. (c) Availability of funds \nThere are authorized to be appropriated to the Secretary of Transportation $65,000,000 for fiscal year 2005 for the purposes of carrying out this section. Amounts appropriated pursuant to this subsection shall remain available until expended.",
"id": "HAB9FA6506B4E47FDB305342560C8F500",
"header": "Systemwide Amtrak security upgrades",
"nested": [
{
"text": "(a) In general \nThe Secretary of Transportation is authorized to make grants to Amtrak for— (1) tunnel protection systems; (2) perimeter protection systems; (3) redundant critical operations control systems; (4) chemical, biological, radiological, or explosive detection systems; (5) surveillance equipment; (6) communications equipment; (7) emergency response equipment; (8) fire suppression and decontamination equipment; (9) global positioning or automated vehicle locator type system equipment; (10) training of front-line workers and other first responders; (11) evacuation improvements; and (12) other capital safety improvements.",
"id": "HD8FA42C1AFC94C5BA3C9E16CA5A87FB0",
"header": "In general",
"nested": [],
"links": []
},
{
"text": "(b) Conditions \nThe Secretary of Transportation may not disburse funds to Amtrak under subsection (a) unless the projects are contained in a systemwide security plan approved by the Secretary, in consultation with the Secretary of Homeland Security. The plan shall include appropriate measures to address security awareness, emergency response, and passenger evacuation training.",
"id": "HCF79A92E72F74E33BEE3E1B163E71D3B",
"header": "Conditions",
"nested": [],
"links": []
},
{
"text": "(c) Availability of funds \nThere are authorized to be appropriated to the Secretary of Transportation $65,000,000 for fiscal year 2005 for the purposes of carrying out this section. Amounts appropriated pursuant to this subsection shall remain available until expended.",
"id": "HECA0B1D6B4ED4994A19845E678D8A215",
"header": "Availability of funds",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "13. Public awareness \nNot later than 90 days after the date of enactment of this Act, the Secretary of Transportation, in consultation with the Secretary of Homeland Security, shall develop a national plan for public outreach and awareness. Such plan shall be designed to increase awareness of measures that the general public, railroad passengers, and railroad employees can take to increase railroad system security. Such plan shall also provide outreach to railroad carriers and their employees to improve their awareness of available technologies, ongoing research and development efforts, and available Federal funding sources to improve railroad security. Not later than 9 months after the date of enactment of this Act, the Secretary of Transportation shall implement the plan developed under this section.",
"id": "H578B336CF7C044F393B7BCF5DF4971D1",
"header": "Public awareness",
"nested": [],
"links": []
},
{
"text": "14. Passenger, baggage, and cargo screening \n(a) Requirement for study and report \nThe Secretary of Transportation, in consultation with the Secretary of Homeland Security, shall— (1) analyze the cost and feasibility of requiring security screening for passengers, baggage, and cargo on passenger trains; and (2) report the results of the study, together with any recommendations that the Secretary of Transportation may have for implementing a rail security screening program to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives not later than 1 year after the date of enactment of this Act. (b) Pilot program \nAs part of the study under subsection (a), the Secretary of Transportation, in consultation with the Secretary of Homeland Security, shall complete a pilot program of random security screening of passengers and baggage at passenger rail stations served by Amtrak selected by the Secretary of Transportation, in consultation with the Secretary of Homeland Security. (c) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary of Transportation to carry out this section $5,000,000 for fiscal year 2005.",
"id": "H4E623534CC744D3D83AE40766E468145",
"header": "Passenger, baggage, and cargo screening",
"nested": [
{
"text": "(a) Requirement for study and report \nThe Secretary of Transportation, in consultation with the Secretary of Homeland Security, shall— (1) analyze the cost and feasibility of requiring security screening for passengers, baggage, and cargo on passenger trains; and (2) report the results of the study, together with any recommendations that the Secretary of Transportation may have for implementing a rail security screening program to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives not later than 1 year after the date of enactment of this Act.",
"id": "HF2A3AB822AB248DF919BCE33BC23E25D",
"header": "Requirement for study and report",
"nested": [],
"links": []
},
{
"text": "(b) Pilot program \nAs part of the study under subsection (a), the Secretary of Transportation, in consultation with the Secretary of Homeland Security, shall complete a pilot program of random security screening of passengers and baggage at passenger rail stations served by Amtrak selected by the Secretary of Transportation, in consultation with the Secretary of Homeland Security.",
"id": "HF1ED334DEED64CD594C7C2F35E832ECF",
"header": "Pilot program",
"nested": [],
"links": []
},
{
"text": "(c) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary of Transportation to carry out this section $5,000,000 for fiscal year 2005.",
"id": "H98E644A56F924C7C9E2BB71D69CD2250",
"header": "Authorization of appropriations",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "15. Emergency responder training standards \nSection 5115(b) of title 49, United States Code, is amended— (1) by striking and at the end of paragraph (1)(C); (2) by striking the period at the end of paragraph (2) and inserting ; and ; and (3) by adding at the end the following new paragraph: (3) shall include standards for the training of persons responsible for responding to emergency situations occurring during the removal and transportation of hazardous materials and high hazard materials (as defined in section 17(2) of the Protecting Railroad Operators, Travelers, Employees, and Communities with Transportation Security Act of 2004 ) to ensure their ability to protect nearby persons, property, or the environment from the effects of accidents involving hazardous materials..",
"id": "H5F90E68F83CA4B52B3EC66D2E583F3FF",
"header": "Emergency responder training standards",
"nested": [],
"links": [
{
"text": "Section 5115(b)",
"legal-doc": "usc",
"parsable-cite": "usc/49/5115"
}
]
},
{
"text": "16. Information for first responders \n(a) Amendments \nChapter 51 of title 49, United States Code, is amended— (1) in section 5111— (A) by inserting (a) Air Brake Equipment.— before A rail tank car ; and (B) by adding at the end the following new subsection: (b) Information for first responders \n(1) Prohibition \nNo rail tank car containing hazardous materials may be transported or stored on rail tracks that are part of or connected to the general system of railroad transportation unless information identifying the tank car, the hazardous materials within such tank car, and response guidance is immediately available to local first responders in each location where the tank car may be located. Such information shall be provided through the Operation Respond Institute’s technology or similar technology. Each day in which a tank car is transported or stored in violation of this paragraph shall constitute a separate violation. (2) Exception \nThe Secretary of Transportation may provide an exception to the prohibition under paragraph (1) if no data base exists through which the requirement can be met. ; and (2) in section 5124, by adding at the end the following: This section shall not apply to a violation of subsection (b) of section 5111 or a regulation prescribed or order issued under such subsection.. (b) Effective date \nThe amendments made by subsection (a) shall take effect 90 days after the date of enactment of this Act.",
"id": "H84610B4B236A4239ABA38D266F6028F3",
"header": "Information for first responders",
"nested": [
{
"text": "(a) Amendments \nChapter 51 of title 49, United States Code, is amended— (1) in section 5111— (A) by inserting (a) Air Brake Equipment.— before A rail tank car ; and (B) by adding at the end the following new subsection: (b) Information for first responders \n(1) Prohibition \nNo rail tank car containing hazardous materials may be transported or stored on rail tracks that are part of or connected to the general system of railroad transportation unless information identifying the tank car, the hazardous materials within such tank car, and response guidance is immediately available to local first responders in each location where the tank car may be located. Such information shall be provided through the Operation Respond Institute’s technology or similar technology. Each day in which a tank car is transported or stored in violation of this paragraph shall constitute a separate violation. (2) Exception \nThe Secretary of Transportation may provide an exception to the prohibition under paragraph (1) if no data base exists through which the requirement can be met. ; and (2) in section 5124, by adding at the end the following: This section shall not apply to a violation of subsection (b) of section 5111 or a regulation prescribed or order issued under such subsection..",
"id": "HF235212F2A1E4D8A95B6DD382182F5C7",
"header": "Amendments",
"nested": [],
"links": [
{
"text": "Chapter 51",
"legal-doc": "usc-chapter",
"parsable-cite": "usc-chapter/49/51"
}
]
},
{
"text": "(b) Effective date \nThe amendments made by subsection (a) shall take effect 90 days after the date of enactment of this Act.",
"id": "H89188883A8B344E291039767647CA038",
"header": "Effective date",
"nested": [],
"links": []
}
],
"links": [
{
"text": "Chapter 51",
"legal-doc": "usc-chapter",
"parsable-cite": "usc-chapter/49/51"
}
]
},
{
"text": "17. Definitions \nFor purposes of this Act— (1) the term front-line workers means security personnel, dispatchers, train operators, other onboard employees, maintenance and support personnel, bridge tenders, and other appropriate employees of railroad carriers; (2) the term high hazard materials means poison inhalation hazard materials, Class 2.3 gases, Class 6.1 materials, Class 7 radioactive materials, and anhydrous ammonia; and (3) the terms railroad and railroad carrier have the meaning given those terms in section 20102 of title 49, United States Code.",
"id": "H23E470B69E21427A977629D7328B948D",
"header": "Definitions",
"nested": [],
"links": [
{
"text": "section 20102",
"legal-doc": "usc",
"parsable-cite": "usc/49/20102"
}
]
}
] | 17 | 1. Short title
This Act may be cited as the Protecting Railroad Operators, Travelers, Employees, and Communities with Transportation Security Act of 2004. 2. Rail transportation security risk assessment
(a) In general
(1) Vulnerability assessment
The Secretary of Transportation, in consultation with the Secretary of Homeland Security, shall complete a vulnerability assessment of railroad transportation. The assessment shall include— (A) identification and evaluation of critical assets and infrastructures to reduce the vulnerability of the railroad transportation system in the event of an attack on any one target and to ensure that our cities continue to function should an attack occur; (B) identification of threats to those assets and infrastructures; (C) identification of vulnerabilities that are specific to the transportation of hazardous materials by railroad; (D) identification of redundant and backup systems required to ensure the continued operation of critical elements of the railroad system in the event of an attack or other incident, including disruption of commercial electric power or communications networks; and (E) identification of security weaknesses in passenger and cargo security, transportation infrastructure, protection systems, procedural policies, communications systems, employee training, emergency response planning, and any other area identified by the assessment. (2) Existing private and public sector efforts
The assessment may take into account actions taken or planned by both public and private entities to address identified security issues and assess the effective integration of such actions. (3) Recommendations
Based on the assessment conducted under paragraph (1), the Secretary of Transportation, in consultation with the Secretary of Homeland Security, shall develop prioritized recommendations for improving rail security, including any recommendations the Secretary of Transportation has for— (A) improving the security of rail tunnels, rail bridges, rail switching and car storage areas, other rail infrastructure and facilities, information systems, and other areas identified by the Secretary of Transportation as posing significant rail-related risks to public safety and the movement of interstate commerce, taking into account the impact that any proposed security measure might have on the provision of rail service; (B) monitoring critical assets and infrastructure; (C) deploying equipment to detect explosives and hazardous chemical, biological, and radioactive substances, and any appropriate countermeasures; (D) training employees and emergency responders in terrorism prevention, passenger evacuation, including tunnel evacuation, and response activities; (E) conducting public outreach campaigns on passenger railroads; (F) deploying surveillance equipment; and (G) identifying the immediate and long-term costs of measures that may be required to address those risks. (4) Plans
The report required by subsection (c) shall include— (A) a plan for the Federal Government to provide increased security support at high or severe threat levels of alert; and (B) a plan for coordinating rail security initiatives undertaken by the public and private sectors. (b) Consultation; use of existing resources
In carrying out the assessment required by subsection (a), the Secretary of Transportation shall consult with railroad carriers, nonprofit employee organizations that represent railroad workers, owners or lessors of rail cars used to transport hazardous materials, shippers of hazardous materials by rail, public safety officials (including those within other Federal agencies), and other relevant parties. (c) Report
(1) Contents
Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing the assessment and prioritized recommendations required by subsection (a) and an estimate of the cost to implement such recommendations. (2) Format
The Secretary of Transportation may submit the report in both classified and redacted formats if the Secretary of Transportation determines that such action is appropriate or necessary. (d) 2-Year updates
The Secretary of Transportation, in consultation with the Secretary of Homeland Security, shall update the assessment and recommendations every 2 years and transmit a report, which may be submitted in both classified and redacted formats, to the Committees named in subsection (c)(1), containing the updated assessment and recommendations. (e) Authorization of appropriations
There are authorized to be appropriated to the Secretary of Transportation $5,000,000 for fiscal year 2005 for the purpose of carrying out this section. 3. Memorandum of agreement
Not later than 60 days after the date of enactment of this Act, the Secretary of Transportation and the Secretary of Homeland Security shall execute a memorandum of agreement governing the roles and responsibilities of the Department of Transportation and the Department of Homeland Security, respectively, in addressing railroad transportation security matters, including the processes the departments will follow to promote communications, efficiency, and nonduplication of effort. 4. Study of foreign rail transport security programs
(a) Requirement for study
Not later than one year after the date of enactment of this Act, the Comptroller General shall complete a study of the rail passenger transportation security programs that are carried out for rail transportation systems in Japan, member nations of the European Union, and other foreign countries. (b) Purpose
The purpose of the study shall be to identify effective rail transportation security measures that are in use in foreign rail transportation systems, including innovative measures and screening procedures determined effective. (c) Report
The Comptroller General shall submit a report on the results of the study to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. The report shall include the Comptroller General’s assessment regarding whether it is feasible to implement within the United States any of the same or similar security measures that are determined effective under the study. 5. Rail police officers
Section 28101 of title 49, United States Code, is amended by striking the rail carrier each place it appears and inserting any rail carrier. 6. Review of rail regulations
The Inspector General of the Department of Transportation shall review existing rail regulations of the Department of Transportation for the purpose of identifying areas in which those regulations need to be revised to improve rail security. The Inspector General shall consult, as the Inspector General considers appropriate, with officials of the Department of Homeland Security and other Federal officials. Not later than 1 year after the date of enactment of this Act, the Inspector General shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the review under this section, including recommendations for changes to the regulations reviewed and any legislative changes required to improve railroad security. 7. Freight and passenger rail security improvement program
(a) Security improvement grants
The Secretary of Transportation is authorized to make grants to railroad carriers, nonprofit employee organizations that represent railroad workers or emergency responders, shippers of hazardous materials by rail, owners of rail cars used in the transportation of hazardous materials, universities, colleges, and research centers, and State and local governments, for full or partial reimbursement of costs incurred in the conduct of activities to prevent or respond to acts of terrorism, sabotage, or other railroad security threats, including— (1) perimeter protection systems, including access control, installation of better lighting, fencing, and barricades at railroad facilities; (2) structural modification or replacement of rail cars transporting high hazard materials to improve their resistance to acts of terrorism; (3) technologies for reduction of tank car vulnerability; (4) security improvements to passenger railroad stations, trains, and infrastructure; (5) tunnel protection systems; (6) passenger and employee evacuation technologies; (7) inspection technologies, including verified visual inspection technologies using hand-held readers and discs; (8) security and redundancy for critical communications, computer, and train control systems essential for secure railroad operations or to continue railroad operations after an attack impacting railroad operations; (9) train tracking and interoperable communications systems; (10) explosive detection technology and devices; (11) security of hazardous material transportation by rail; (12) fire suppression and decontamination equipment; (13) surveillance equipment and round-the-clock monitoring of critical infrastructure locations; (14) additional police and security officers, including canine units; (15) accommodation of cargo or passenger screening equipment; (16) employee security awareness, preparedness, and emergency response training; (17) public security awareness campaigns for passenger train operations; and (18) other improvements recommended by the report required by section 2, including infrastructure, facilities, and equipment upgrades. (b) Conditions
The Secretary of Transportation may not disburse funds to Amtrak under subsection (a) unless Amtrak meets the conditions set forth in section 12(b). (c) Authorization of appropriations
There are authorized to be appropriated to the Secretary of Transportation $500,000,000 for fiscal year 2005 to carry out the purposes of this section. Amounts appropriated pursuant to this subsection shall remain available until expended. 8. Fire and life-safety improvements
(a) Life-safety needs
The Secretary of Transportation is authorized to make grants to Amtrak for the purpose of making fire and life-safety improvements to tunnels on the Northeast Corridor in New York, New York, Baltimore, Maryland, and Washington, District of Columbia. (b) Authorization of appropriations
There are authorized to be appropriated to the Secretary of Transportation for the purposes of carrying out subsection (a) the following amounts: (1) For the 6 New York tunnels to provide ventilation, electrical, and fire safety technology upgrades, emergency communication and lighting systems, and emergency access and egress for passengers— (A) $100,000,000 for fiscal year 2005; (B) $100,000,000 for fiscal year 2006; (C) $100,000,000 for fiscal year 2007; (D) $100,000,000 for fiscal year 2008; and (E) $100,000,000 for fiscal year 2009. (2) For the Baltimore & Potomac Tunnel and the Union tunnel, together, to provide adequate drainage, ventilation, communication, lighting, and passenger egress upgrades— (A) $10,000,000 for fiscal year 2005; (B) $10,000,000 for fiscal year 2006; (C) $10,000,000 for fiscal year 2007; (D) $10,000,000 for fiscal year 2008; and (E) $17,000,000 for fiscal year 2009. (3) For the Washington, District of Columbia, Union Station tunnels to improve ventilation, communication, lighting, and passenger egress upgrades— (A) $8,000,000 for fiscal year 2005; (B) $8,000,000 for fiscal year 2006; (C) $8,000,000 for fiscal year 2007; (D) $8,000,000 for fiscal year 2008; and (E) $8,000,000 for fiscal year 2009. (c) Availability of appropriated funds
Amounts appropriated pursuant to this section shall remain available until expended. 9. Rail security research and development
(a) Establishment of research and development program
The Secretary of Transportation, in consultation with the Secretary of Homeland Security, shall carry out a research and development program for the purpose of improving railroad security that may include research and development projects to— (1) reduce the vulnerability of passenger trains, stations, and equipment to explosives and hazardous chemical, biological, and radioactive substances; (2) test new emergency response techniques and technologies; (3) develop improved freight technologies, including— (A) technologies for sealing rail cars; (B) automatic inspection of rail cars; (C) communication-based train controls; and (D) emergency response training; (4) test wayside detectors that can detect tampering with railroad equipment; (5) support enhanced security for the transportation of hazardous materials by rail, including— (A) technologies to detect a breach in a tank car and transmit information about the integrity of tank cars to the train crew; (B) research to improve tank car integrity, with a focus on tank cars that carry high hazard materials; and (C) techniques to transfer hazardous materials from rail cars that are damaged or otherwise represent an unreasonable risk to human life or public safety; and (6) other projects recommended in the report required by section 2. (b) Coordination with other research initiatives
The Secretary of Transportation shall ensure that the research and development program authorized by this section is coordinated with other research and development initiatives at the Department of Transportation and other Federal agencies. (c) Authorization of appropriations
There are authorized to be appropriated to the Secretary of Transportation $50,000,000 in each of fiscal years 2005 and 2006 to carry out the purposes of this section. Amounts appropriated pursuant to this subsection shall remain available until expended. 10. Rail worker security training program
(a) In general
Not later than 60 days after the date of enactment of this Act, the Secretary of Transportation, in consultation with appropriate law enforcement, security, and terrorism experts, representatives of railroad carriers, and nonprofit employee organizations that represent rail workers, shall develop and issue detailed guidance for a rail worker security training program to prepare front-line workers for potential threat conditions. (b) Program elements
The guidance developed under subsection (a) shall require such a program to include, at a minimum, elements that address the following: (1) Determination of the seriousness of any occurrence. (2) Crew communication and coordination. (3) Appropriate responses to defend oneself. (4) Use of protective devices. (5) Evacuation procedures. (6) Psychology of terrorists to cope with hijacker behavior and passenger responses. (7) Live situational training exercises regarding various threat conditions, including tunnel evacuation procedures. (8) Any other subject the Secretary considers appropriate. (c) Railroad carrier programs
Not later than 60 days after the Secretary issues guidance under subsection (a) in final form, each railroad carrier shall develop a rail worker security training program in accordance with that guidance and submit it to the Secretary for approval. Not later than 30 days after receiving a railroad carrier’s program under this subsection, the Secretary shall review the program and approve it or require the railroad carrier to make any revisions the Secretary considers necessary for the program to meet the guidance requirements. (d) Training
Not later than 180 days after the Secretary approves the training program developed by a railroad carrier under this section, the railroad carrier shall complete the training of all front-line workers in accordance with that program. (e) Updates
The Secretary shall update the training guidance issued under subsection (a) from time to time to reflect new or different security threats, and require railroad carriers to revise their programs accordingly and provide additional training to their front-line workers. 11. Whistleblower protection
(a) In general
No employee or other person may be harassed, prosecuted, held liable, or discriminated against in any way— (1) because that person— (A) has commenced or caused to be commenced, or is about to commence; (B) has testified or is about to testify at; or (C) has assisted or participated in, or is about to assist or participate in any manner in, a proceeding or any other action to enhance public transportation security; or (2) because that person has refused to violate or assist in the violation of any law, rule, or regulation related to public transportation security. (b) Application of sarbanes-oxley Act of 2002 amendments
(1) Civil action to protect against retaliation in fraud cases
Section 1514A of title 18, United States Code, shall apply to subsection (a) of this section as if— (A) an act or refusal to act described in subsection (a) were described in such section 1514A; and (B) a violation of subsection (a) were a violation of such section 1514A(a). (2) Retaliating against a witness, victim, or informant
Section 1513(e) of title 18, United States Code, shall apply to a violation of subsection (a) of this section as if the violation of subsection (a) were a violation of such section 1513. 12. Systemwide Amtrak security upgrades
(a) In general
The Secretary of Transportation is authorized to make grants to Amtrak for— (1) tunnel protection systems; (2) perimeter protection systems; (3) redundant critical operations control systems; (4) chemical, biological, radiological, or explosive detection systems; (5) surveillance equipment; (6) communications equipment; (7) emergency response equipment; (8) fire suppression and decontamination equipment; (9) global positioning or automated vehicle locator type system equipment; (10) training of front-line workers and other first responders; (11) evacuation improvements; and (12) other capital safety improvements. (b) Conditions
The Secretary of Transportation may not disburse funds to Amtrak under subsection (a) unless the projects are contained in a systemwide security plan approved by the Secretary, in consultation with the Secretary of Homeland Security. The plan shall include appropriate measures to address security awareness, emergency response, and passenger evacuation training. (c) Availability of funds
There are authorized to be appropriated to the Secretary of Transportation $65,000,000 for fiscal year 2005 for the purposes of carrying out this section. Amounts appropriated pursuant to this subsection shall remain available until expended. 13. Public awareness
Not later than 90 days after the date of enactment of this Act, the Secretary of Transportation, in consultation with the Secretary of Homeland Security, shall develop a national plan for public outreach and awareness. Such plan shall be designed to increase awareness of measures that the general public, railroad passengers, and railroad employees can take to increase railroad system security. Such plan shall also provide outreach to railroad carriers and their employees to improve their awareness of available technologies, ongoing research and development efforts, and available Federal funding sources to improve railroad security. Not later than 9 months after the date of enactment of this Act, the Secretary of Transportation shall implement the plan developed under this section. 14. Passenger, baggage, and cargo screening
(a) Requirement for study and report
The Secretary of Transportation, in consultation with the Secretary of Homeland Security, shall— (1) analyze the cost and feasibility of requiring security screening for passengers, baggage, and cargo on passenger trains; and (2) report the results of the study, together with any recommendations that the Secretary of Transportation may have for implementing a rail security screening program to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives not later than 1 year after the date of enactment of this Act. (b) Pilot program
As part of the study under subsection (a), the Secretary of Transportation, in consultation with the Secretary of Homeland Security, shall complete a pilot program of random security screening of passengers and baggage at passenger rail stations served by Amtrak selected by the Secretary of Transportation, in consultation with the Secretary of Homeland Security. (c) Authorization of appropriations
There are authorized to be appropriated to the Secretary of Transportation to carry out this section $5,000,000 for fiscal year 2005. 15. Emergency responder training standards
Section 5115(b) of title 49, United States Code, is amended— (1) by striking and at the end of paragraph (1)(C); (2) by striking the period at the end of paragraph (2) and inserting ; and ; and (3) by adding at the end the following new paragraph: (3) shall include standards for the training of persons responsible for responding to emergency situations occurring during the removal and transportation of hazardous materials and high hazard materials (as defined in section 17(2) of the Protecting Railroad Operators, Travelers, Employees, and Communities with Transportation Security Act of 2004 ) to ensure their ability to protect nearby persons, property, or the environment from the effects of accidents involving hazardous materials.. 16. Information for first responders
(a) Amendments
Chapter 51 of title 49, United States Code, is amended— (1) in section 5111— (A) by inserting (a) Air Brake Equipment.— before A rail tank car ; and (B) by adding at the end the following new subsection: (b) Information for first responders
(1) Prohibition
No rail tank car containing hazardous materials may be transported or stored on rail tracks that are part of or connected to the general system of railroad transportation unless information identifying the tank car, the hazardous materials within such tank car, and response guidance is immediately available to local first responders in each location where the tank car may be located. Such information shall be provided through the Operation Respond Institute’s technology or similar technology. Each day in which a tank car is transported or stored in violation of this paragraph shall constitute a separate violation. (2) Exception
The Secretary of Transportation may provide an exception to the prohibition under paragraph (1) if no data base exists through which the requirement can be met. ; and (2) in section 5124, by adding at the end the following: This section shall not apply to a violation of subsection (b) of section 5111 or a regulation prescribed or order issued under such subsection.. (b) Effective date
The amendments made by subsection (a) shall take effect 90 days after the date of enactment of this Act. 17. Definitions
For purposes of this Act— (1) the term front-line workers means security personnel, dispatchers, train operators, other onboard employees, maintenance and support personnel, bridge tenders, and other appropriate employees of railroad carriers; (2) the term high hazard materials means poison inhalation hazard materials, Class 2.3 gases, Class 6.1 materials, Class 7 radioactive materials, and anhydrous ammonia; and (3) the terms railroad and railroad carrier have the meaning given those terms in section 20102 of title 49, United States Code. | 23,550 | [
"Transportation and Infrastructure Committee"
] |
108hr4539ih | 108 | hr | 4,539 | ih | To suspend temporarily the duty on Pigment Yellow 214. | [
{
"text": "1. Pigment Yellow 214 \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: 9902.34.52 Pigment Yellow 214 (CAS No. 254430–12–5) (provided for in subheading 3204.17.90) Free No change No change On or before 12/31/2006. (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": "H40F9013091D14C8E8EA846241EF2045E",
"header": "Pigment Yellow 214",
"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: 9902.34.52 Pigment Yellow 214 (CAS No. 254430–12–5) (provided for in subheading 3204.17.90) Free No change No change On or before 12/31/2006.",
"id": "H0CCA534C677C43D680232C9D5400B528",
"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": "H9F95084E8AFC497A8078A800B68261B3",
"header": "Effective date",
"nested": [],
"links": []
}
],
"links": []
}
] | 1 | 1. Pigment Yellow 214
(a) In general
Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.34.52 Pigment Yellow 214 (CAS No. 254430–12–5) (provided for in subheading 3204.17.90) Free No change No change On or before 12/31/2006. (b) Effective date
The amendment made by subsection (a) applies with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act. | 547 | [
"Ways and Means Committee"
] |
108hr3883ih | 108 | hr | 3,883 | ih | To reauthorize the Atlantic Striped Bass Conservation Act. | [
{
"text": "1. Reauthorization of Atlantic Striped Bass Conservation Act \nSection 7(a) of the Atlantic Striped Bass Conservation Act ( 16 U.S.C. 5156(a) ) is amended by striking 2001, 2002, and 2003 and inserting 2004, 2005, and 2006.",
"id": "HE6109C2ED0084EFAAC3DE61D85ED52B8",
"header": "Reauthorization of Atlantic Striped Bass Conservation Act",
"nested": [],
"links": [
{
"text": "16 U.S.C. 5156(a)",
"legal-doc": "usc",
"parsable-cite": "usc/16/5156"
}
]
}
] | 1 | 1. Reauthorization of Atlantic Striped Bass Conservation Act
Section 7(a) of the Atlantic Striped Bass Conservation Act ( 16 U.S.C. 5156(a) ) is amended by striking 2001, 2002, and 2003 and inserting 2004, 2005, and 2006. | 222 | [
"Natural Resources Committee"
] |
108hr4477ih | 108 | hr | 4,477 | ih | To amend the Uniform Services Employment and Reemployment Rights Act of 1994 to require employers to post a notice of the rights and duties that apply under that Act. | [
{
"text": "1. Short title \nThis Act may be cited as the Patriotic Employer Act of 2004.",
"id": "H7EAB75E5429E44D3A015CB655273B30",
"header": "Short title",
"nested": [],
"links": []
},
{
"text": "2. Requirement for employers to post notice of rights and duties under USERRA \n(a) Notice \nChapter 43 of title 38, United States Code, is amended by adding at the end the following new section: 4334. Notice of rights and duties \n(a) Requirement to post notice \nEach employer shall post in a conspicuous place in the place of employment for persons entitled to rights and benefits under this chapter a notice of the rights, benefits, and obligations of such persons and such employers under this chapter. (b) Content of notice \nThe Secretary shall provide to employers the text of the notice to be provided under this section.. (b) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by adding at the end the following new item: 4334. Notice of rights and duties. (c) Implementation \n(1) Not later than the date that is 90 days after the date of the enactment of this Act, the Secretary of Labor shall make available to employers the notice required under section 4334 of title 38, United States Code, as added by subsection (a). (2) The amendments made by this section shall apply to employers under chapter 43 of such title on and after the first date referred to in paragraph (1).",
"id": "H228C6CA572434C2893702BC64553B100",
"header": "Requirement for employers to post notice of rights and duties under USERRA",
"nested": [
{
"text": "(a) Notice \nChapter 43 of title 38, United States Code, is amended by adding at the end the following new section: 4334. Notice of rights and duties \n(a) Requirement to post notice \nEach employer shall post in a conspicuous place in the place of employment for persons entitled to rights and benefits under this chapter a notice of the rights, benefits, and obligations of such persons and such employers under this chapter. (b) Content of notice \nThe Secretary shall provide to employers the text of the notice to be provided under this section..",
"id": "HCAC4051065C248ACB52F7FBC9E1251DD",
"header": "Notice",
"nested": [],
"links": [
{
"text": "Chapter 43",
"legal-doc": "usc-chapter",
"parsable-cite": "usc-chapter/38/43"
}
]
},
{
"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: 4334. Notice of rights and duties.",
"id": "HD505F86CBE2F4F2B009E6929863C0000",
"header": "Clerical amendment",
"nested": [],
"links": []
},
{
"text": "(c) Implementation \n(1) Not later than the date that is 90 days after the date of the enactment of this Act, the Secretary of Labor shall make available to employers the notice required under section 4334 of title 38, United States Code, as added by subsection (a). (2) The amendments made by this section shall apply to employers under chapter 43 of such title on and after the first date referred to in paragraph (1).",
"id": "H3961F58416CC40BFA979C7FF49B047DA",
"header": "Implementation",
"nested": [],
"links": [
{
"text": "section 4334",
"legal-doc": "usc",
"parsable-cite": "usc/38/4334"
}
]
}
],
"links": [
{
"text": "Chapter 43",
"legal-doc": "usc-chapter",
"parsable-cite": "usc-chapter/38/43"
},
{
"text": "section 4334",
"legal-doc": "usc",
"parsable-cite": "usc/38/4334"
}
]
},
{
"text": "4334. Notice of rights and duties \n(a) Requirement to post notice \nEach employer shall post in a conspicuous place in the place of employment for persons entitled to rights and benefits under this chapter a notice of the rights, benefits, and obligations of such persons and such employers under this chapter. (b) Content of notice \nThe Secretary shall provide to employers the text of the notice to be provided under this section.",
"id": "HE300485746884AD9991CF174B895B60",
"header": "Notice of rights and duties",
"nested": [
{
"text": "(a) Requirement to post notice \nEach employer shall post in a conspicuous place in the place of employment for persons entitled to rights and benefits under this chapter a notice of the rights, benefits, and obligations of such persons and such employers under this chapter.",
"id": "H860D8B68CA6A4C4D885EBF07DFC010BF",
"header": "Requirement to post notice",
"nested": [],
"links": []
},
{
"text": "(b) Content of notice \nThe Secretary shall provide to employers the text of the notice to be provided under this section.",
"id": "H50E518120E7445898D9500BE902AD80",
"header": "Content of notice",
"nested": [],
"links": []
}
],
"links": []
}
] | 3 | 1. Short title
This Act may be cited as the Patriotic Employer Act of 2004. 2. Requirement for employers to post notice of rights and duties under USERRA
(a) Notice
Chapter 43 of title 38, United States Code, is amended by adding at the end the following new section: 4334. Notice of rights and duties
(a) Requirement to post notice
Each employer shall post in a conspicuous place in the place of employment for persons entitled to rights and benefits under this chapter a notice of the rights, benefits, and obligations of such persons and such employers under this chapter. (b) Content of notice
The Secretary shall provide to employers the text of the notice to be provided under this section.. (b) Clerical amendment
The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 4334. Notice of rights and duties. (c) Implementation
(1) Not later than the date that is 90 days after the date of the enactment of this Act, the Secretary of Labor shall make available to employers the notice required under section 4334 of title 38, United States Code, as added by subsection (a). (2) The amendments made by this section shall apply to employers under chapter 43 of such title on and after the first date referred to in paragraph (1). 4334. Notice of rights and duties
(a) Requirement to post notice
Each employer shall post in a conspicuous place in the place of employment for persons entitled to rights and benefits under this chapter a notice of the rights, benefits, and obligations of such persons and such employers under this chapter. (b) Content of notice
The Secretary shall provide to employers the text of the notice to be provided under this section. | 1,725 | [
"Veterans' Affairs Committee"
] |
108hr5401ih | 108 | hr | 5,401 | ih | To amend section 304 of the Tariff Act of 1930 with respect to the marking of imported home furniture. | [
{
"text": "1. Marking of imported home furniture \n(a) In general \nSection 304 of the Tariff Act of 1930 ( 19 U.S.C. 1304 ) is amended— (1) by redesignating subsections (i), (j), (k), and (l) as (j), (k), (l), and (m), respectively; and (2) by inserting after subsection (h) the following new subsection: (i) Marking of home furniture \nNo exception shall be made under subsection (a)(3) of this section with respect to home furniture, each piece of which shall have, in addition to the permanent marking required by subsection (a), a hang tag or paper label affixed in such a manner that a retail purchaser viewing the piece of unpackaged furniture can identify the country of origin on initial inspection without rotating, turning, or tilting the piece of home furniture. The hang tag or paper label shall be at least 70 square centimeters in size, shall be affixed in such a manner that it remains on the piece of home furniture until the piece reaches the ultimate retail consumer, and shall not be affixed to the back or underside of the piece of furniture. ; and (3) in subsection (k), as so redesignated, by striking subsection (i) and inserting subsection (j). (b) Effective date \nThe amendments made by this section shall apply to articles entered, or withdrawn from warehouse for consumption, on or after the date that is 180 days after the date of the enactment of this Act.",
"id": "HBE207817F0824654BBDD3F6D9E20626D",
"header": "Marking of imported home furniture",
"nested": [
{
"text": "(a) In general \nSection 304 of the Tariff Act of 1930 ( 19 U.S.C. 1304 ) is amended— (1) by redesignating subsections (i), (j), (k), and (l) as (j), (k), (l), and (m), respectively; and (2) by inserting after subsection (h) the following new subsection: (i) Marking of home furniture \nNo exception shall be made under subsection (a)(3) of this section with respect to home furniture, each piece of which shall have, in addition to the permanent marking required by subsection (a), a hang tag or paper label affixed in such a manner that a retail purchaser viewing the piece of unpackaged furniture can identify the country of origin on initial inspection without rotating, turning, or tilting the piece of home furniture. The hang tag or paper label shall be at least 70 square centimeters in size, shall be affixed in such a manner that it remains on the piece of home furniture until the piece reaches the ultimate retail consumer, and shall not be affixed to the back or underside of the piece of furniture. ; and (3) in subsection (k), as so redesignated, by striking subsection (i) and inserting subsection (j).",
"id": "H3094D441C2904219833048DBA2E7000",
"header": "In general",
"nested": [],
"links": [
{
"text": "19 U.S.C. 1304",
"legal-doc": "usc",
"parsable-cite": "usc/19/1304"
}
]
},
{
"text": "(b) Effective date \nThe amendments made by this section shall apply to articles entered, or withdrawn from warehouse for consumption, on or after the date that is 180 days after the date of the enactment of this Act.",
"id": "HAE85663BBF6F4722957563F1EDDAC5E",
"header": "Effective date",
"nested": [],
"links": []
}
],
"links": [
{
"text": "19 U.S.C. 1304",
"legal-doc": "usc",
"parsable-cite": "usc/19/1304"
}
]
}
] | 1 | 1. Marking of imported home furniture
(a) In general
Section 304 of the Tariff Act of 1930 ( 19 U.S.C. 1304 ) is amended— (1) by redesignating subsections (i), (j), (k), and (l) as (j), (k), (l), and (m), respectively; and (2) by inserting after subsection (h) the following new subsection: (i) Marking of home furniture
No exception shall be made under subsection (a)(3) of this section with respect to home furniture, each piece of which shall have, in addition to the permanent marking required by subsection (a), a hang tag or paper label affixed in such a manner that a retail purchaser viewing the piece of unpackaged furniture can identify the country of origin on initial inspection without rotating, turning, or tilting the piece of home furniture. The hang tag or paper label shall be at least 70 square centimeters in size, shall be affixed in such a manner that it remains on the piece of home furniture until the piece reaches the ultimate retail consumer, and shall not be affixed to the back or underside of the piece of furniture. ; and (3) in subsection (k), as so redesignated, by striking subsection (i) and inserting subsection (j). (b) Effective date
The amendments made by this section shall apply to articles entered, or withdrawn from warehouse for consumption, on or after the date that is 180 days after the date of the enactment of this Act. | 1,372 | [
"Ways and Means Committee"
] |
108hr4948ih | 108 | hr | 4,948 | ih | To facilitate economic growth and development and to promote Tribal sovereignty, by encouraging a dramatic increase in the number of individuals with higher education degrees working within and for Indian Country. | [
{
"text": "1. Short title \nThis Act may be cited as the Indian Country Educational Empowerment Zone Act.",
"id": "H9107F57D625F48D9A71CEC3507050007",
"header": "Short title",
"nested": [],
"links": []
},
{
"text": "2. Findings \nCongress makes the following findings: (1) A unique legal and political relationship exists between the United States and Indian tribes that is reflected in article I, section 8, clause 3 of the Constitution, various treaties, Federal statutes, Supreme Court decisions, executive agreements, and course of dealing. (2) Native Americans continue to rank at the bottom of nearly every indicator of social and economic well-being in America: (A) Unemployment rates average near 50 percent in Indian country and hover well over 90 percent on many reservations. (B) While the national poverty rate is only 11 percent, over 26 percent of all Native Americans live in poverty. (C) In addition, Native Americans have some of the lowest levels of educational attainment in the United States. (3) Numerous external efforts at economic development in Indian Country have proven unsuccessful. The most successful efforts have been initiated from within the Native communities themselves. Efforts that empower the communities and give them the tools to make their own decisions should be encouraged and pursued. (4) Educational achievement continues to be a cyclical obstacle to economic development in Indian Country. Businesses are often unwilling to locate to Indian Country because of the lack of an educated workforce. Over a quarter of all Americans have a bachelors degree or higher. However, only 12 percent of all Native Americans nationwide have such a degree, and only 6 percent of those who actually live in Indian Country have a bachelors or higher. Once Natives are finally able to obtain higher education, many are not able to return to their communities because there are no jobs. There needs to be an intervening factor to help break this damaging cycle.",
"id": "H7F7E1E26328C4C38A262E69008F7F835",
"header": "Findings",
"nested": [],
"links": []
},
{
"text": "3. Loan forgiveness for employment in Indian country \nPart B of title IV of the Higher Education Act of 1965 is amended by inserting after section 428K ( 20 U.S.C. 1078–11 ) the following: 428L. Loan forgiveness for employment in Indian country \n(a) Purpose \nIt is the purpose of this section— (1) to dramatically increase in the number of individuals with higher education degrees working within and for Indian country; (2) to facilitate economic growth and development in Indian country, and promote Tribal sovereignty; (3) to encourage members of Indian tribes with higher education degrees to return to Indian country; (4) to encourage the long-term retention of educated individuals in Indian country; and (5) to encourage public service in Indian country, and to encourage investment in Indian country through an increase in the education level of the available workforce. (b) Program authorized \n(1) In general \nFrom the funds appropriated under subsection (g) , the Secretary shall carry out a program of assuming the obligation to repay, pursuant to subsection (c) , a loan made, insured, or guaranteed under this part or part D (excluding loans made under sections 428B and 428C, or comparable loans made under part D) for any borrower, who— (A) obtains or has obtained a bachelor’s or graduate degree from an institution of higher education; and (B) obtains employment in Indian country. (2) Award basis; priority \n(A) Award basis \nSubject to subparagraph (B) , loan repayment under this section shall be on a first-come, first-served basis, and subject to the availability of appropriations. (B) Priorities \nThe Secretary shall, by regulation, establish a system for giving priority in providing loan repayment under this section to individual based on the following factors: (i) The level of poverty in the locality within Indian country where the individual is employed. (ii) Whether the individual is an enrolled member of an Indian tribe. (iii) Whether such enrolled member is performing employment in the Indian country of the Indian tribe in which they are enrolled. (iv) The ratio of the individual’s student loan debt to the individual’s annual income. (v) Whether the individual’s employer will provide an additional amount or a matching percentage for student loan repayment for the individual. (3) Outreach \nThe Secretary shall post a notice on a Department Internet web site regarding the availability of loan repayment under this section, and shall notify institutions of higher education (including Tribal Colleges and Universities) and the Bureau of Indian Affairs regarding the availability of loan repayment under this section. (c) Qualified loan amounts \n(1) Percentages \nSubject to paragraph (2) , the Secretary shall assume or cancel the obligation to repay under this section— (A) 15 percent of the amount of all loans made, insured, or guaranteed after the date of enactment of the Indian Country Educational Empowerment Zone Act to a student under part B or D, for each of the first and second years of employment in Indian country; (B) 20 percent of such total amount, for each of the third and fourth years of such employment; and (C) 30 percent of such total amount, for the fifth year of such employment. (2) Maximum \nThe Secretary shall not repay or cancel under this section more than— (A) for any student with a bachelor’s degree, but without a graduate degree, $20,000 in the aggregate of loans made, insured, or guaranteed under parts B and D; and (B) for any student with a graduate degree, $20,000 of such loans for each year of employment. (3) Treatment of consolidation loans \nA loan amount for a loan made under section 428C may be a qualified loan amount for the purposes of this subsection only to the extent that such loan amount was used to repay a loan made, insured, or guaranteed under part B or D for a borrower who meets the requirements of subsection (b)(1) , as determined in accordance with regulations prescribed by the Secretary. (d) Additional requirements \n(1) No refunding of previous payments \nNothing in this section shall be construed to authorize the refunding of any repayment of a loan made under this part or part D. (2) Interest \nIf a portion of a loan is repaid by the Secretary under this section for any year, the proportionate amount of interest on such loan which accrues for such year shall be repaid by the Secretary. (3) Double benefits prohibited \n(A) Ineligibility of national service award recipients \nNo student borrower may, for the same service, receive a benefit under both this section and subtitle D of title I of the National and Community Service Act of 1990 ( 42 U.S.C. 12601 et seq. ). (B) Double forgiveness \nNo student borrower may, for the same service, receive a benefit under both this section and section 428J, 428K, or 460 of this Act or section 108 of the Indian Health Care Improvement Act ( 25 U.S.C. 1616a ). (4) Repayment to eligible lenders \nThe Secretary shall pay to each eligible lender or holder for each fiscal year an amount equal to the aggregate amount of loans which are subject to repayment pursuant to this section for such year. (e) Application for repayment \n(1) In general \nEach eligible individual desiring loan repayment under this section shall submit a complete and accurate application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application shall contain verification from the employer of the employment in Indian country. (2) Conditions \nAn eligible individual may apply for loan repayment under this section after completing each year of employment in Indian country. The borrower shall receive forbearance while engaged in such employment unless the borrower is in deferment while so engaged. (f) Regulations \nThe Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section. (g) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section $20,000,000 for fiscal year 2005, and such sums as may be necessary for each of the 4 succeeding fiscal years. (h) Definition of indian tribe \nIn this section, the term Indian tribe means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians..",
"id": "HCD45671891B34F189BE284E34F4FE565",
"header": "Loan forgiveness for employment in Indian country",
"nested": [],
"links": [
{
"text": "20 U.S.C. 1078–11",
"legal-doc": "usc",
"parsable-cite": "usc/20/1078-11"
},
{
"text": "42 U.S.C. 12601 et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/42/12601"
},
{
"text": "25 U.S.C. 1616a",
"legal-doc": "usc",
"parsable-cite": "usc/25/1616a"
}
]
},
{
"text": "428L. Loan forgiveness for employment in Indian country \n(a) Purpose \nIt is the purpose of this section— (1) to dramatically increase in the number of individuals with higher education degrees working within and for Indian country; (2) to facilitate economic growth and development in Indian country, and promote Tribal sovereignty; (3) to encourage members of Indian tribes with higher education degrees to return to Indian country; (4) to encourage the long-term retention of educated individuals in Indian country; and (5) to encourage public service in Indian country, and to encourage investment in Indian country through an increase in the education level of the available workforce. (b) Program authorized \n(1) In general \nFrom the funds appropriated under subsection (g) , the Secretary shall carry out a program of assuming the obligation to repay, pursuant to subsection (c) , a loan made, insured, or guaranteed under this part or part D (excluding loans made under sections 428B and 428C, or comparable loans made under part D) for any borrower, who— (A) obtains or has obtained a bachelor’s or graduate degree from an institution of higher education; and (B) obtains employment in Indian country. (2) Award basis; priority \n(A) Award basis \nSubject to subparagraph (B) , loan repayment under this section shall be on a first-come, first-served basis, and subject to the availability of appropriations. (B) Priorities \nThe Secretary shall, by regulation, establish a system for giving priority in providing loan repayment under this section to individual based on the following factors: (i) The level of poverty in the locality within Indian country where the individual is employed. (ii) Whether the individual is an enrolled member of an Indian tribe. (iii) Whether such enrolled member is performing employment in the Indian country of the Indian tribe in which they are enrolled. (iv) The ratio of the individual’s student loan debt to the individual’s annual income. (v) Whether the individual’s employer will provide an additional amount or a matching percentage for student loan repayment for the individual. (3) Outreach \nThe Secretary shall post a notice on a Department Internet web site regarding the availability of loan repayment under this section, and shall notify institutions of higher education (including Tribal Colleges and Universities) and the Bureau of Indian Affairs regarding the availability of loan repayment under this section. (c) Qualified loan amounts \n(1) Percentages \nSubject to paragraph (2) , the Secretary shall assume or cancel the obligation to repay under this section— (A) 15 percent of the amount of all loans made, insured, or guaranteed after the date of enactment of the Indian Country Educational Empowerment Zone Act to a student under part B or D, for each of the first and second years of employment in Indian country; (B) 20 percent of such total amount, for each of the third and fourth years of such employment; and (C) 30 percent of such total amount, for the fifth year of such employment. (2) Maximum \nThe Secretary shall not repay or cancel under this section more than— (A) for any student with a bachelor’s degree, but without a graduate degree, $20,000 in the aggregate of loans made, insured, or guaranteed under parts B and D; and (B) for any student with a graduate degree, $20,000 of such loans for each year of employment. (3) Treatment of consolidation loans \nA loan amount for a loan made under section 428C may be a qualified loan amount for the purposes of this subsection only to the extent that such loan amount was used to repay a loan made, insured, or guaranteed under part B or D for a borrower who meets the requirements of subsection (b)(1) , as determined in accordance with regulations prescribed by the Secretary. (d) Additional requirements \n(1) No refunding of previous payments \nNothing in this section shall be construed to authorize the refunding of any repayment of a loan made under this part or part D. (2) Interest \nIf a portion of a loan is repaid by the Secretary under this section for any year, the proportionate amount of interest on such loan which accrues for such year shall be repaid by the Secretary. (3) Double benefits prohibited \n(A) Ineligibility of national service award recipients \nNo student borrower may, for the same service, receive a benefit under both this section and subtitle D of title I of the National and Community Service Act of 1990 ( 42 U.S.C. 12601 et seq. ). (B) Double forgiveness \nNo student borrower may, for the same service, receive a benefit under both this section and section 428J, 428K, or 460 of this Act or section 108 of the Indian Health Care Improvement Act ( 25 U.S.C. 1616a ). (4) Repayment to eligible lenders \nThe Secretary shall pay to each eligible lender or holder for each fiscal year an amount equal to the aggregate amount of loans which are subject to repayment pursuant to this section for such year. (e) Application for repayment \n(1) In general \nEach eligible individual desiring loan repayment under this section shall submit a complete and accurate application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application shall contain verification from the employer of the employment in Indian country. (2) Conditions \nAn eligible individual may apply for loan repayment under this section after completing each year of employment in Indian country. The borrower shall receive forbearance while engaged in such employment unless the borrower is in deferment while so engaged. (f) Regulations \nThe Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section. (g) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section $20,000,000 for fiscal year 2005, and such sums as may be necessary for each of the 4 succeeding fiscal years. (h) Definition of indian tribe \nIn this section, the term Indian tribe means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.",
"id": "HECE61DA10F674D61B104FBDCD1F7F01C",
"header": "Loan forgiveness for employment in Indian country",
"nested": [
{
"text": "(a) Purpose \nIt is the purpose of this section— (1) to dramatically increase in the number of individuals with higher education degrees working within and for Indian country; (2) to facilitate economic growth and development in Indian country, and promote Tribal sovereignty; (3) to encourage members of Indian tribes with higher education degrees to return to Indian country; (4) to encourage the long-term retention of educated individuals in Indian country; and (5) to encourage public service in Indian country, and to encourage investment in Indian country through an increase in the education level of the available workforce.",
"id": "HD07133E2C5FC4BFE93366318BEFF056E",
"header": "Purpose",
"nested": [],
"links": []
},
{
"text": "(b) Program authorized \n(1) In general \nFrom the funds appropriated under subsection (g) , the Secretary shall carry out a program of assuming the obligation to repay, pursuant to subsection (c) , a loan made, insured, or guaranteed under this part or part D (excluding loans made under sections 428B and 428C, or comparable loans made under part D) for any borrower, who— (A) obtains or has obtained a bachelor’s or graduate degree from an institution of higher education; and (B) obtains employment in Indian country. (2) Award basis; priority \n(A) Award basis \nSubject to subparagraph (B) , loan repayment under this section shall be on a first-come, first-served basis, and subject to the availability of appropriations. (B) Priorities \nThe Secretary shall, by regulation, establish a system for giving priority in providing loan repayment under this section to individual based on the following factors: (i) The level of poverty in the locality within Indian country where the individual is employed. (ii) Whether the individual is an enrolled member of an Indian tribe. (iii) Whether such enrolled member is performing employment in the Indian country of the Indian tribe in which they are enrolled. (iv) The ratio of the individual’s student loan debt to the individual’s annual income. (v) Whether the individual’s employer will provide an additional amount or a matching percentage for student loan repayment for the individual. (3) Outreach \nThe Secretary shall post a notice on a Department Internet web site regarding the availability of loan repayment under this section, and shall notify institutions of higher education (including Tribal Colleges and Universities) and the Bureau of Indian Affairs regarding the availability of loan repayment under this section.",
"id": "H5CA7B42B11334BE59F97FB787BE84282",
"header": "Program authorized",
"nested": [],
"links": []
},
{
"text": "(c) Qualified loan amounts \n(1) Percentages \nSubject to paragraph (2) , the Secretary shall assume or cancel the obligation to repay under this section— (A) 15 percent of the amount of all loans made, insured, or guaranteed after the date of enactment of the Indian Country Educational Empowerment Zone Act to a student under part B or D, for each of the first and second years of employment in Indian country; (B) 20 percent of such total amount, for each of the third and fourth years of such employment; and (C) 30 percent of such total amount, for the fifth year of such employment. (2) Maximum \nThe Secretary shall not repay or cancel under this section more than— (A) for any student with a bachelor’s degree, but without a graduate degree, $20,000 in the aggregate of loans made, insured, or guaranteed under parts B and D; and (B) for any student with a graduate degree, $20,000 of such loans for each year of employment. (3) Treatment of consolidation loans \nA loan amount for a loan made under section 428C may be a qualified loan amount for the purposes of this subsection only to the extent that such loan amount was used to repay a loan made, insured, or guaranteed under part B or D for a borrower who meets the requirements of subsection (b)(1) , as determined in accordance with regulations prescribed by the Secretary.",
"id": "HDC9F5D4C49A64F98BF3900F4BEBB39A4",
"header": "Qualified loan amounts",
"nested": [],
"links": []
},
{
"text": "(d) Additional requirements \n(1) No refunding of previous payments \nNothing in this section shall be construed to authorize the refunding of any repayment of a loan made under this part or part D. (2) Interest \nIf a portion of a loan is repaid by the Secretary under this section for any year, the proportionate amount of interest on such loan which accrues for such year shall be repaid by the Secretary. (3) Double benefits prohibited \n(A) Ineligibility of national service award recipients \nNo student borrower may, for the same service, receive a benefit under both this section and subtitle D of title I of the National and Community Service Act of 1990 ( 42 U.S.C. 12601 et seq. ). (B) Double forgiveness \nNo student borrower may, for the same service, receive a benefit under both this section and section 428J, 428K, or 460 of this Act or section 108 of the Indian Health Care Improvement Act ( 25 U.S.C. 1616a ). (4) Repayment to eligible lenders \nThe Secretary shall pay to each eligible lender or holder for each fiscal year an amount equal to the aggregate amount of loans which are subject to repayment pursuant to this section for such year.",
"id": "H05DD186A358041D0AC338FE03F9F96DA",
"header": "Additional requirements",
"nested": [],
"links": [
{
"text": "42 U.S.C. 12601 et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/42/12601"
},
{
"text": "25 U.S.C. 1616a",
"legal-doc": "usc",
"parsable-cite": "usc/25/1616a"
}
]
},
{
"text": "(e) Application for repayment \n(1) In general \nEach eligible individual desiring loan repayment under this section shall submit a complete and accurate application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application shall contain verification from the employer of the employment in Indian country. (2) Conditions \nAn eligible individual may apply for loan repayment under this section after completing each year of employment in Indian country. The borrower shall receive forbearance while engaged in such employment unless the borrower is in deferment while so engaged.",
"id": "H4F7B1F3ABAD641B490B85492E452C451",
"header": "Application for repayment",
"nested": [],
"links": []
},
{
"text": "(f) Regulations \nThe Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section.",
"id": "HBA0C65EBCA6243A5B587DD2590FAE9F5",
"header": "Regulations",
"nested": [],
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"text": "(g) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section $20,000,000 for fiscal year 2005, and such sums as may be necessary for each of the 4 succeeding fiscal years.",
"id": "HE160792484B64C0E9D8EEA4FAECC23F9",
"header": "Authorization of appropriations",
"nested": [],
"links": []
},
{
"text": "(h) Definition of indian tribe \nIn this section, the term Indian tribe means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.",
"id": "HAD0CAAECB14243898B3BED1154698B58",
"header": "Definition of indian tribe",
"nested": [],
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],
"links": [
{
"text": "42 U.S.C. 12601 et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/42/12601"
},
{
"text": "25 U.S.C. 1616a",
"legal-doc": "usc",
"parsable-cite": "usc/25/1616a"
}
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}
] | 4 | 1. Short title
This Act may be cited as the Indian Country Educational Empowerment Zone Act. 2. Findings
Congress makes the following findings: (1) A unique legal and political relationship exists between the United States and Indian tribes that is reflected in article I, section 8, clause 3 of the Constitution, various treaties, Federal statutes, Supreme Court decisions, executive agreements, and course of dealing. (2) Native Americans continue to rank at the bottom of nearly every indicator of social and economic well-being in America: (A) Unemployment rates average near 50 percent in Indian country and hover well over 90 percent on many reservations. (B) While the national poverty rate is only 11 percent, over 26 percent of all Native Americans live in poverty. (C) In addition, Native Americans have some of the lowest levels of educational attainment in the United States. (3) Numerous external efforts at economic development in Indian Country have proven unsuccessful. The most successful efforts have been initiated from within the Native communities themselves. Efforts that empower the communities and give them the tools to make their own decisions should be encouraged and pursued. (4) Educational achievement continues to be a cyclical obstacle to economic development in Indian Country. Businesses are often unwilling to locate to Indian Country because of the lack of an educated workforce. Over a quarter of all Americans have a bachelors degree or higher. However, only 12 percent of all Native Americans nationwide have such a degree, and only 6 percent of those who actually live in Indian Country have a bachelors or higher. Once Natives are finally able to obtain higher education, many are not able to return to their communities because there are no jobs. There needs to be an intervening factor to help break this damaging cycle. 3. Loan forgiveness for employment in Indian country
Part B of title IV of the Higher Education Act of 1965 is amended by inserting after section 428K ( 20 U.S.C. 1078–11 ) the following: 428L. Loan forgiveness for employment in Indian country
(a) Purpose
It is the purpose of this section— (1) to dramatically increase in the number of individuals with higher education degrees working within and for Indian country; (2) to facilitate economic growth and development in Indian country, and promote Tribal sovereignty; (3) to encourage members of Indian tribes with higher education degrees to return to Indian country; (4) to encourage the long-term retention of educated individuals in Indian country; and (5) to encourage public service in Indian country, and to encourage investment in Indian country through an increase in the education level of the available workforce. (b) Program authorized
(1) In general
From the funds appropriated under subsection (g) , the Secretary shall carry out a program of assuming the obligation to repay, pursuant to subsection (c) , a loan made, insured, or guaranteed under this part or part D (excluding loans made under sections 428B and 428C, or comparable loans made under part D) for any borrower, who— (A) obtains or has obtained a bachelor’s or graduate degree from an institution of higher education; and (B) obtains employment in Indian country. (2) Award basis; priority
(A) Award basis
Subject to subparagraph (B) , loan repayment under this section shall be on a first-come, first-served basis, and subject to the availability of appropriations. (B) Priorities
The Secretary shall, by regulation, establish a system for giving priority in providing loan repayment under this section to individual based on the following factors: (i) The level of poverty in the locality within Indian country where the individual is employed. (ii) Whether the individual is an enrolled member of an Indian tribe. (iii) Whether such enrolled member is performing employment in the Indian country of the Indian tribe in which they are enrolled. (iv) The ratio of the individual’s student loan debt to the individual’s annual income. (v) Whether the individual’s employer will provide an additional amount or a matching percentage for student loan repayment for the individual. (3) Outreach
The Secretary shall post a notice on a Department Internet web site regarding the availability of loan repayment under this section, and shall notify institutions of higher education (including Tribal Colleges and Universities) and the Bureau of Indian Affairs regarding the availability of loan repayment under this section. (c) Qualified loan amounts
(1) Percentages
Subject to paragraph (2) , the Secretary shall assume or cancel the obligation to repay under this section— (A) 15 percent of the amount of all loans made, insured, or guaranteed after the date of enactment of the Indian Country Educational Empowerment Zone Act to a student under part B or D, for each of the first and second years of employment in Indian country; (B) 20 percent of such total amount, for each of the third and fourth years of such employment; and (C) 30 percent of such total amount, for the fifth year of such employment. (2) Maximum
The Secretary shall not repay or cancel under this section more than— (A) for any student with a bachelor’s degree, but without a graduate degree, $20,000 in the aggregate of loans made, insured, or guaranteed under parts B and D; and (B) for any student with a graduate degree, $20,000 of such loans for each year of employment. (3) Treatment of consolidation loans
A loan amount for a loan made under section 428C may be a qualified loan amount for the purposes of this subsection only to the extent that such loan amount was used to repay a loan made, insured, or guaranteed under part B or D for a borrower who meets the requirements of subsection (b)(1) , as determined in accordance with regulations prescribed by the Secretary. (d) Additional requirements
(1) No refunding of previous payments
Nothing in this section shall be construed to authorize the refunding of any repayment of a loan made under this part or part D. (2) Interest
If a portion of a loan is repaid by the Secretary under this section for any year, the proportionate amount of interest on such loan which accrues for such year shall be repaid by the Secretary. (3) Double benefits prohibited
(A) Ineligibility of national service award recipients
No student borrower may, for the same service, receive a benefit under both this section and subtitle D of title I of the National and Community Service Act of 1990 ( 42 U.S.C. 12601 et seq. ). (B) Double forgiveness
No student borrower may, for the same service, receive a benefit under both this section and section 428J, 428K, or 460 of this Act or section 108 of the Indian Health Care Improvement Act ( 25 U.S.C. 1616a ). (4) Repayment to eligible lenders
The Secretary shall pay to each eligible lender or holder for each fiscal year an amount equal to the aggregate amount of loans which are subject to repayment pursuant to this section for such year. (e) Application for repayment
(1) In general
Each eligible individual desiring loan repayment under this section shall submit a complete and accurate application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application shall contain verification from the employer of the employment in Indian country. (2) Conditions
An eligible individual may apply for loan repayment under this section after completing each year of employment in Indian country. The borrower shall receive forbearance while engaged in such employment unless the borrower is in deferment while so engaged. (f) Regulations
The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section. (g) Authorization of appropriations
There are authorized to be appropriated to carry out this section $20,000,000 for fiscal year 2005, and such sums as may be necessary for each of the 4 succeeding fiscal years. (h) Definition of indian tribe
In this section, the term Indian tribe means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.. 428L. Loan forgiveness for employment in Indian country
(a) Purpose
It is the purpose of this section— (1) to dramatically increase in the number of individuals with higher education degrees working within and for Indian country; (2) to facilitate economic growth and development in Indian country, and promote Tribal sovereignty; (3) to encourage members of Indian tribes with higher education degrees to return to Indian country; (4) to encourage the long-term retention of educated individuals in Indian country; and (5) to encourage public service in Indian country, and to encourage investment in Indian country through an increase in the education level of the available workforce. (b) Program authorized
(1) In general
From the funds appropriated under subsection (g) , the Secretary shall carry out a program of assuming the obligation to repay, pursuant to subsection (c) , a loan made, insured, or guaranteed under this part or part D (excluding loans made under sections 428B and 428C, or comparable loans made under part D) for any borrower, who— (A) obtains or has obtained a bachelor’s or graduate degree from an institution of higher education; and (B) obtains employment in Indian country. (2) Award basis; priority
(A) Award basis
Subject to subparagraph (B) , loan repayment under this section shall be on a first-come, first-served basis, and subject to the availability of appropriations. (B) Priorities
The Secretary shall, by regulation, establish a system for giving priority in providing loan repayment under this section to individual based on the following factors: (i) The level of poverty in the locality within Indian country where the individual is employed. (ii) Whether the individual is an enrolled member of an Indian tribe. (iii) Whether such enrolled member is performing employment in the Indian country of the Indian tribe in which they are enrolled. (iv) The ratio of the individual’s student loan debt to the individual’s annual income. (v) Whether the individual’s employer will provide an additional amount or a matching percentage for student loan repayment for the individual. (3) Outreach
The Secretary shall post a notice on a Department Internet web site regarding the availability of loan repayment under this section, and shall notify institutions of higher education (including Tribal Colleges and Universities) and the Bureau of Indian Affairs regarding the availability of loan repayment under this section. (c) Qualified loan amounts
(1) Percentages
Subject to paragraph (2) , the Secretary shall assume or cancel the obligation to repay under this section— (A) 15 percent of the amount of all loans made, insured, or guaranteed after the date of enactment of the Indian Country Educational Empowerment Zone Act to a student under part B or D, for each of the first and second years of employment in Indian country; (B) 20 percent of such total amount, for each of the third and fourth years of such employment; and (C) 30 percent of such total amount, for the fifth year of such employment. (2) Maximum
The Secretary shall not repay or cancel under this section more than— (A) for any student with a bachelor’s degree, but without a graduate degree, $20,000 in the aggregate of loans made, insured, or guaranteed under parts B and D; and (B) for any student with a graduate degree, $20,000 of such loans for each year of employment. (3) Treatment of consolidation loans
A loan amount for a loan made under section 428C may be a qualified loan amount for the purposes of this subsection only to the extent that such loan amount was used to repay a loan made, insured, or guaranteed under part B or D for a borrower who meets the requirements of subsection (b)(1) , as determined in accordance with regulations prescribed by the Secretary. (d) Additional requirements
(1) No refunding of previous payments
Nothing in this section shall be construed to authorize the refunding of any repayment of a loan made under this part or part D. (2) Interest
If a portion of a loan is repaid by the Secretary under this section for any year, the proportionate amount of interest on such loan which accrues for such year shall be repaid by the Secretary. (3) Double benefits prohibited
(A) Ineligibility of national service award recipients
No student borrower may, for the same service, receive a benefit under both this section and subtitle D of title I of the National and Community Service Act of 1990 ( 42 U.S.C. 12601 et seq. ). (B) Double forgiveness
No student borrower may, for the same service, receive a benefit under both this section and section 428J, 428K, or 460 of this Act or section 108 of the Indian Health Care Improvement Act ( 25 U.S.C. 1616a ). (4) Repayment to eligible lenders
The Secretary shall pay to each eligible lender or holder for each fiscal year an amount equal to the aggregate amount of loans which are subject to repayment pursuant to this section for such year. (e) Application for repayment
(1) In general
Each eligible individual desiring loan repayment under this section shall submit a complete and accurate application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application shall contain verification from the employer of the employment in Indian country. (2) Conditions
An eligible individual may apply for loan repayment under this section after completing each year of employment in Indian country. The borrower shall receive forbearance while engaged in such employment unless the borrower is in deferment while so engaged. (f) Regulations
The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section. (g) Authorization of appropriations
There are authorized to be appropriated to carry out this section $20,000,000 for fiscal year 2005, and such sums as may be necessary for each of the 4 succeeding fiscal years. (h) Definition of indian tribe
In this section, the term Indian tribe means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. | 14,629 | [
"Education and the Workforce Committee"
] |
108hr5286ih | 108 | hr | 5,286 | ih | To suspend temporarily the duty on 1,4-Benzenedicarboxylic acid, polymer with N,N’-bis(2-aminoethyl)- 1,2-ethanediamine, cyclized, methyl sulfates. | [
{
"text": "1. Suspension of duty on 1,4-Benzenedicarboxylic acid, polymer with N,N’-bis(2-aminoethyl)- 1,2-ethanediamine, cyclized, methyl sulfates \n(a) In General \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.32.07 1,4-Benzenedicarboxylic acid, polymer with N,N’-bis(2-aminoethyl)- 1,2-ethanediamine, cyclized, methyl sulfates (CAS No. 68187-22-4) (provided for in subheading 3908.90.70) Free No Change No Change On or before 12/31/2007 (b) Effective Date \nThe amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.",
"id": "HF85AF22FB6FD4DCD97AE77CCB9FC90",
"header": "Suspension of duty on 1,4-Benzenedicarboxylic acid, polymer with N,N’-bis(2-aminoethyl)- 1,2-ethanediamine, cyclized, methyl sulfates",
"nested": [
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"text": "(a) In General \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.32.07 1,4-Benzenedicarboxylic acid, polymer with N,N’-bis(2-aminoethyl)- 1,2-ethanediamine, cyclized, methyl sulfates (CAS No. 68187-22-4) (provided for in subheading 3908.90.70) Free No Change No Change On or before 12/31/2007",
"id": "HD736467BF4694A29AE5D65F0017A512",
"header": "In General",
"nested": [],
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"text": "(b) Effective Date \nThe amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.",
"id": "HA04E1128D5AB409DB6DA27BC9496002E",
"header": "Effective Date",
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] | 1 | 1. Suspension of duty on 1,4-Benzenedicarboxylic acid, polymer with N,N’-bis(2-aminoethyl)- 1,2-ethanediamine, cyclized, methyl sulfates
(a) In General
Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.32.07 1,4-Benzenedicarboxylic acid, polymer with N,N’-bis(2-aminoethyl)- 1,2-ethanediamine, cyclized, methyl sulfates (CAS No. 68187-22-4) (provided for in subheading 3908.90.70) Free No Change No Change On or before 12/31/2007 (b) Effective Date
The amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act. | 740 | [
"Ways and Means Committee"
] |
108hr3814ih | 108 | hr | 3,814 | ih | To enhance peace between the Israelis and Palestinians. | [
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"text": "1. Short title \nThis Act may be cited as the.",
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"header": "Short title",
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"text": "2. Findings \nCongress makes the following findings: (1) The security of the State of Israel is a major and enduring national security interest of the United States. (2) A lasting peace in the Middle East region, which Israel desperately seeks, can only take root in an atmosphere free of violence and terrorism. (3) The Palestinian people have been ill-served by leaders who, by resorting to violence and terrorism to pursue their political objectives, have brought economic and personal hardship to their people and brought a halt to efforts seeking a negotiated settlement of the conflict. (4) The United States has an interest in a Middle East in which two states, Israel and Palestine, will live side by side in peace and security. (5) In his speech of June 24, 2002, and in other statements, President George W. Bush outlined a comprehensive vision of the possibilities of peace in the Middle East region following a change in Palestinian leadership. (6) President Bush stated in his June 24, 2002, speech that a stable and peaceful Palestinian state is necessary to achieve the security that Israel longs for, and Israel has committed itself to concrete steps to achieve that end. (7) The Palestinian state must be a reformed, peaceful, and democratic state that abandons forever the use of terror. (8) Israel has repeatedly indicated its willingness to make painful concessions to achieve peace once there is a partner for peace on the Palestinian side.",
"id": "HCB910AA7D26647589D69E4222DBD9900",
"header": "Findings",
"nested": [],
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"text": "3. Purposes \nThe purposes of this Act are— (1) to express the sense of Congress with respect to United States recognition of a Palestinian state; (2) to encourage the emergence of a Palestinian leadership that is capable of achieving the reforms outlined by President Bush, including making peace with Israel, combating all forms of terrorism, and developing a peaceful, democratic Palestinian state; and (3) to demonstrate United States willingness to provide substantial economic and humanitarian assistance, and to support large-scale multilateral assistance, to a peaceful, democratic Palestinian state, after the Palestinians have achieved the reforms outlined by President Bush and have achieved peace with Israel.",
"id": "H6C6040EF9A08424CAEDDFB47483125C9",
"header": "Purposes",
"nested": [],
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"text": "4. Sense of Congress \nIt is the sense of Congress that— (1) peace between Israel and the Palestinians cannot be achieved until the Palestinian system of government has been transformed along the lines outlined in President Bush’s June 24, 2002, speech; (2) substantial United States and international economic assistance will be needed after the Palestinians have achieved the reforms described in section 620K(c)(2) of the Foreign Assistance Act of 1961 (as added by section 6 of this Act) and have made a lasting and secure peace with Israel; (3) any new Palestinian administration urgently should take the necessary security-related steps to allow for implementation of a performance-based road map to resolve the Israeli-Palestinian conflict; (4) the United States Administration should work vigorously toward the goal of two states living side-by-side in peace within secure and internationally-recognized boundaries free from threats or acts of force; and (5) the United States has a vital national security interest in a permanent, comprehensive, and just resolution of the Arab-Israeli conflict, and particularly the Palestinian-Israeli conflict, based on the terms of United Nations Security Council Resolutions 242 and 338.",
"id": "H66565BF1A4C64F898FD1501F7C24B60",
"header": "Sense of Congress",
"nested": [],
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"text": "5. Recognition of a Palestinian State \nIt is the sense of Congress that a Palestinian state should not be recognized by the United States until the President determines that— (1) a new leadership of a Palestinian governing entity, not compromised by terrorism, has been elected and taken office; and (2) the newly-elected Palestinian governing entity— (A) has demonstrated a firm and tangible commitment to peaceful coexistence with the State of Israel and to ending anti-Israel incitement, including the cessation of all officially sanctioned or funded anti-Israel incitement; (B) has taken sustained and effective measures to counter terrorism and terrorist financing in the West Bank and Gaza, including the dismantling of the terrorist infrastructure and the confiscation of unlawful weaponry; (C) has established one unified Palestinian security entity that is fully cooperating with the appropriate Israeli security organizations; (D) has achieved exclusive authority and responsibility for governing the national affairs of a Palestinian state, has taken effective steps to ensure democracy, the rule of law, and an independent judiciary, and has adopted other reforms ensuring transparent and accountable governance; and (E) has taken effective steps to ensure that its education and communications systems promote the acceptance of Israel’s existence and of peace with Israel and actively discourage anti-Israel incitement.",
"id": "HF0383317ECAC4202A0D253430080BA7D",
"header": "Recognition of a Palestinian State",
"nested": [],
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"text": "6. Limitation on assistance to a Palestinian State \nChapter 1 of part III of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2351 et seq. ) is amended— (1) by redesignating the second section 620G (as added by section 149 of Public Law 104–164 (110 Stat. 1436)) as section 620J and inserting such section after section 620I; and (2) by adding at the end the following new section: 620K. Limitation on assistance to a Palestinian State \n(a) Limitation \n(1) In general \nNotwithstanding any other provision of law, direct assistance may be provided under this Act or any other provision of law to the government of a Palestinian state only during a period for which a certification described in subsection (c) is in effect. The limitation contained in the preceding sentence shall not apply (A) to humanitarian or development assistance that is provided through nongovernmental organizations for the benefit of the Palestinian people in the West Bank and Gaza, or (B) to assistance that is intended to reform the Palestinian Authority and affiliated institutions, or a newly elected Palestinian governing entity, in order to help meet the requirements contained in subparagraphs (A) through (H) of subsection (c)(3) or to address the matters described in subparagraphs (A) through (E) of section 5(2) of the. (2) Waiver \nThe President may waive the limitation of the first sentence of paragraph (1) if the President determines and certifies to the Committee on International Relations and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate that it is vital to the national security interest of the United States to do so. (b) Congressional notification \n(1) In general \nAssistance made available under this Act or any other provision of law to a Palestinian state may not be provided until 15 days after the date on which the President has provided notice thereof to the Committee on International Relations and the Committee on Appropriations of the House of Representatives and to the Committee on Foreign Relations and the Committee on Appropriations of the Senate in accordance with the procedures applicable to reprogramming notifications under section 634A(a) of this Act. (2) Sunset \nParagraph (1) shall cease to be effective beginning ten years after the date on which notice is first provided under such paragraph. (c) Certification \nA certification described in this subsection is a certification transmitted by the President to Congress that— (1) a Palestinian state exists and has been recognized by the United States and Israel and admitted to the United Nations; (2) a binding international peace agreement exists between Israel and the Palestinian state that— (A) was freely signed by both parties; (B) guarantees both parties’ commitment to a mutually agreed border between two states that constitutes a secure and internationally recognized boundary for both states, with no remaining territorial claims; (C) provides a permanent resolution for both Palestinian refugees and Jewish refugees from Arab countries; (D) provides for mutually agreeable arrangements on all remaining permanent status issues, including borders, settlements, water resources, and Jerusalem; and (E) includes a renunciation of all remaining claims through provisions that commit both sides to the end of the conflict; and (3) the new Palestinian government— (A) has been democratically elected through free and fair elections, has exclusive authority and responsibility for governing the national affairs of the Palestinian state, and has achieved the reforms outlined by President Bush in his June 24, 2002, speech; (B) has completely renounced the use of violence against the State of Israel and its citizens, is vigorously attempting to prevent any acts of terrorism against Israel and its citizens, and punishes the perpetrators of such acts in a manner commensurate with their actions; (C) has dismantled, and terminated the funding of, any group within its territory that conducts terrorism against Israel; (D) is engaging in ongoing and extensive security cooperation with the State of Israel; (E) refrains from any officially sanctioned or funded statement or act designed to incite Palestinians or others against the State of Israel and its citizens; (F) has an elected leadership not compromised by terror; (G) has instituted clearly defined and agreed upon limits on its military; and (H) has no alliances or agreements that pose a threat to the security of the State of Israel. (d) Recertifications \nNot later than 90 days after the date on which the President transmits to Congress an initial certification under subsection (c), and every 6 months thereafter for the 10-year period beginning on the date of transmittal of such certification— (1) the President shall transmit to Congress a recertification that the requirements contained in subsection (c) are continuing to be met; or (2) if the President is unable to make such a recertification, the President shall transmit to Congress a report that contains the reasons therefor. (e) Rule of construction \nA certification under subsection (c) shall be deemed to be in effect beginning on the day after the last day of the 10-year period described in subsection (d) unless the President subsequently determines that the requirements contained in subsection (c) are no longer being met and the President transmits to Congress a report that contains the reasons therefor..",
"id": "H6AE0F6761F8B4E9481CB44664B00FCA9",
"header": "Limitation on assistance to a Palestinian State",
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"text": "22 U.S.C. 2351 et seq.",
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"text": "Public Law 104–164",
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"text": "620K. Limitation on assistance to a Palestinian State \n(a) Limitation \n(1) In general \nNotwithstanding any other provision of law, direct assistance may be provided under this Act or any other provision of law to the government of a Palestinian state only during a period for which a certification described in subsection (c) is in effect. The limitation contained in the preceding sentence shall not apply (A) to humanitarian or development assistance that is provided through nongovernmental organizations for the benefit of the Palestinian people in the West Bank and Gaza, or (B) to assistance that is intended to reform the Palestinian Authority and affiliated institutions, or a newly elected Palestinian governing entity, in order to help meet the requirements contained in subparagraphs (A) through (H) of subsection (c)(3) or to address the matters described in subparagraphs (A) through (E) of section 5(2) of the. (2) Waiver \nThe President may waive the limitation of the first sentence of paragraph (1) if the President determines and certifies to the Committee on International Relations and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate that it is vital to the national security interest of the United States to do so. (b) Congressional notification \n(1) In general \nAssistance made available under this Act or any other provision of law to a Palestinian state may not be provided until 15 days after the date on which the President has provided notice thereof to the Committee on International Relations and the Committee on Appropriations of the House of Representatives and to the Committee on Foreign Relations and the Committee on Appropriations of the Senate in accordance with the procedures applicable to reprogramming notifications under section 634A(a) of this Act. (2) Sunset \nParagraph (1) shall cease to be effective beginning ten years after the date on which notice is first provided under such paragraph. (c) Certification \nA certification described in this subsection is a certification transmitted by the President to Congress that— (1) a Palestinian state exists and has been recognized by the United States and Israel and admitted to the United Nations; (2) a binding international peace agreement exists between Israel and the Palestinian state that— (A) was freely signed by both parties; (B) guarantees both parties’ commitment to a mutually agreed border between two states that constitutes a secure and internationally recognized boundary for both states, with no remaining territorial claims; (C) provides a permanent resolution for both Palestinian refugees and Jewish refugees from Arab countries; (D) provides for mutually agreeable arrangements on all remaining permanent status issues, including borders, settlements, water resources, and Jerusalem; and (E) includes a renunciation of all remaining claims through provisions that commit both sides to the end of the conflict; and (3) the new Palestinian government— (A) has been democratically elected through free and fair elections, has exclusive authority and responsibility for governing the national affairs of the Palestinian state, and has achieved the reforms outlined by President Bush in his June 24, 2002, speech; (B) has completely renounced the use of violence against the State of Israel and its citizens, is vigorously attempting to prevent any acts of terrorism against Israel and its citizens, and punishes the perpetrators of such acts in a manner commensurate with their actions; (C) has dismantled, and terminated the funding of, any group within its territory that conducts terrorism against Israel; (D) is engaging in ongoing and extensive security cooperation with the State of Israel; (E) refrains from any officially sanctioned or funded statement or act designed to incite Palestinians or others against the State of Israel and its citizens; (F) has an elected leadership not compromised by terror; (G) has instituted clearly defined and agreed upon limits on its military; and (H) has no alliances or agreements that pose a threat to the security of the State of Israel. (d) Recertifications \nNot later than 90 days after the date on which the President transmits to Congress an initial certification under subsection (c), and every 6 months thereafter for the 10-year period beginning on the date of transmittal of such certification— (1) the President shall transmit to Congress a recertification that the requirements contained in subsection (c) are continuing to be met; or (2) if the President is unable to make such a recertification, the President shall transmit to Congress a report that contains the reasons therefor. (e) Rule of construction \nA certification under subsection (c) shall be deemed to be in effect beginning on the day after the last day of the 10-year period described in subsection (d) unless the President subsequently determines that the requirements contained in subsection (c) are no longer being met and the President transmits to Congress a report that contains the reasons therefor.",
"id": "HB5CF83F9C22944878615A4900F82D49",
"header": "Limitation on assistance to a Palestinian State",
"nested": [
{
"text": "(a) Limitation \n(1) In general \nNotwithstanding any other provision of law, direct assistance may be provided under this Act or any other provision of law to the government of a Palestinian state only during a period for which a certification described in subsection (c) is in effect. The limitation contained in the preceding sentence shall not apply (A) to humanitarian or development assistance that is provided through nongovernmental organizations for the benefit of the Palestinian people in the West Bank and Gaza, or (B) to assistance that is intended to reform the Palestinian Authority and affiliated institutions, or a newly elected Palestinian governing entity, in order to help meet the requirements contained in subparagraphs (A) through (H) of subsection (c)(3) or to address the matters described in subparagraphs (A) through (E) of section 5(2) of the. (2) Waiver \nThe President may waive the limitation of the first sentence of paragraph (1) if the President determines and certifies to the Committee on International Relations and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate that it is vital to the national security interest of the United States to do so.",
"id": "HA5F63C78E71E404386B6ADD982FDE7BF",
"header": "Limitation",
"nested": [],
"links": []
},
{
"text": "(b) Congressional notification \n(1) In general \nAssistance made available under this Act or any other provision of law to a Palestinian state may not be provided until 15 days after the date on which the President has provided notice thereof to the Committee on International Relations and the Committee on Appropriations of the House of Representatives and to the Committee on Foreign Relations and the Committee on Appropriations of the Senate in accordance with the procedures applicable to reprogramming notifications under section 634A(a) of this Act. (2) Sunset \nParagraph (1) shall cease to be effective beginning ten years after the date on which notice is first provided under such paragraph.",
"id": "H95D7420987C745DEBBE6B7F9A2172F31",
"header": "Congressional notification",
"nested": [],
"links": []
},
{
"text": "(c) Certification \nA certification described in this subsection is a certification transmitted by the President to Congress that— (1) a Palestinian state exists and has been recognized by the United States and Israel and admitted to the United Nations; (2) a binding international peace agreement exists between Israel and the Palestinian state that— (A) was freely signed by both parties; (B) guarantees both parties’ commitment to a mutually agreed border between two states that constitutes a secure and internationally recognized boundary for both states, with no remaining territorial claims; (C) provides a permanent resolution for both Palestinian refugees and Jewish refugees from Arab countries; (D) provides for mutually agreeable arrangements on all remaining permanent status issues, including borders, settlements, water resources, and Jerusalem; and (E) includes a renunciation of all remaining claims through provisions that commit both sides to the end of the conflict; and (3) the new Palestinian government— (A) has been democratically elected through free and fair elections, has exclusive authority and responsibility for governing the national affairs of the Palestinian state, and has achieved the reforms outlined by President Bush in his June 24, 2002, speech; (B) has completely renounced the use of violence against the State of Israel and its citizens, is vigorously attempting to prevent any acts of terrorism against Israel and its citizens, and punishes the perpetrators of such acts in a manner commensurate with their actions; (C) has dismantled, and terminated the funding of, any group within its territory that conducts terrorism against Israel; (D) is engaging in ongoing and extensive security cooperation with the State of Israel; (E) refrains from any officially sanctioned or funded statement or act designed to incite Palestinians or others against the State of Israel and its citizens; (F) has an elected leadership not compromised by terror; (G) has instituted clearly defined and agreed upon limits on its military; and (H) has no alliances or agreements that pose a threat to the security of the State of Israel.",
"id": "H2561CE0AF66F410BB443F94E77967901",
"header": "Certification",
"nested": [],
"links": []
},
{
"text": "(d) Recertifications \nNot later than 90 days after the date on which the President transmits to Congress an initial certification under subsection (c), and every 6 months thereafter for the 10-year period beginning on the date of transmittal of such certification— (1) the President shall transmit to Congress a recertification that the requirements contained in subsection (c) are continuing to be met; or (2) if the President is unable to make such a recertification, the President shall transmit to Congress a report that contains the reasons therefor.",
"id": "H063BE6B992954700B2A2A980831500FF",
"header": "Recertifications",
"nested": [],
"links": []
},
{
"text": "(e) Rule of construction \nA certification under subsection (c) shall be deemed to be in effect beginning on the day after the last day of the 10-year period described in subsection (d) unless the President subsequently determines that the requirements contained in subsection (c) are no longer being met and the President transmits to Congress a report that contains the reasons therefor.",
"id": "H145F74E763DA4F28A73978E25B603C1F",
"header": "Rule of construction",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "7. Authorization of assistance to a Palestinian State \nChapter 1 of part III of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2351 et seq. ), as amended by section 6, is further amended by adding at the end the following new section: 620L. Authorization of assistance to a Palestinian State \n(a) Assistance \nThe President is authorized to provide assistance to a Palestinian state in accordance with the requirements of this section. (b) Activities to be supported \nAssistance provided under subsection (a) shall be used to support activities within a Palestinian state to substantially improve the economy and living conditions of the Palestinians by, among other things, providing for economic development in the West Bank and Gaza, continuing to promote democracy and the rule of law, developing water resources, assisting in security cooperation between Israelis and Palestinians, and helping with the compensation and rehabilitation of Palestinian refugees. (c) Authorization of appropriations \nOf the amounts made available to carry out chapter 4 of part II of this Act for a fiscal year, there are authorized to be appropriated to the President to carry out subsections (a) and (b) such sums as may be necessary for each such fiscal year. (d) Coordination of international assistance \n(1) In general \nBeginning on the date on which the President transmits to Congress an initial certification under section 620K(c), the Secretary of State shall— (A) seek to convene one or more donors conferences to gain commitments from other countries, multilateral institutions, and nongovernmental organizations to provide economic assistance to Palestinians; (B) seek to ensure that such commitments to provide assistance are honored in a timely manner; (C) promote coordination of assistance among the United States and such other countries, multilateral institutions, and nongovernmental organizations; (D) monitor the assistance to ensure that the assistance provided to Palestinians is used for the purposes for which it was provided; and (E) seek to ensure that other countries, multilateral institutions, and nongovernmental organizations do not provide assistance to Palestinians through entities that are designated as terrorist organizations under United States law. (2) Annual reports \nNot later than 180 days after the date of the enactment of this section, and on an annual basis thereafter, the Secretary of State shall prepare and submit to the Committee on International Relations and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate a report that describes the activities undertaken to meet the requirements of paragraph (1). (3) Burdensharing \nEach report under paragraph (2) shall include a description of the amounts committed, and the amounts provided, to a Palestinian state or Palestinians during the reporting period by each country and organization..",
"id": "H210D627EA88E4433A169E3B23B4312C",
"header": "Authorization of assistance to a Palestinian State",
"nested": [],
"links": [
{
"text": "22 U.S.C. 2351 et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/22/2351"
}
]
},
{
"text": "620L. Authorization of assistance to a Palestinian State \n(a) Assistance \nThe President is authorized to provide assistance to a Palestinian state in accordance with the requirements of this section. (b) Activities to be supported \nAssistance provided under subsection (a) shall be used to support activities within a Palestinian state to substantially improve the economy and living conditions of the Palestinians by, among other things, providing for economic development in the West Bank and Gaza, continuing to promote democracy and the rule of law, developing water resources, assisting in security cooperation between Israelis and Palestinians, and helping with the compensation and rehabilitation of Palestinian refugees. (c) Authorization of appropriations \nOf the amounts made available to carry out chapter 4 of part II of this Act for a fiscal year, there are authorized to be appropriated to the President to carry out subsections (a) and (b) such sums as may be necessary for each such fiscal year. (d) Coordination of international assistance \n(1) In general \nBeginning on the date on which the President transmits to Congress an initial certification under section 620K(c), the Secretary of State shall— (A) seek to convene one or more donors conferences to gain commitments from other countries, multilateral institutions, and nongovernmental organizations to provide economic assistance to Palestinians; (B) seek to ensure that such commitments to provide assistance are honored in a timely manner; (C) promote coordination of assistance among the United States and such other countries, multilateral institutions, and nongovernmental organizations; (D) monitor the assistance to ensure that the assistance provided to Palestinians is used for the purposes for which it was provided; and (E) seek to ensure that other countries, multilateral institutions, and nongovernmental organizations do not provide assistance to Palestinians through entities that are designated as terrorist organizations under United States law. (2) Annual reports \nNot later than 180 days after the date of the enactment of this section, and on an annual basis thereafter, the Secretary of State shall prepare and submit to the Committee on International Relations and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate a report that describes the activities undertaken to meet the requirements of paragraph (1). (3) Burdensharing \nEach report under paragraph (2) shall include a description of the amounts committed, and the amounts provided, to a Palestinian state or Palestinians during the reporting period by each country and organization.",
"id": "H4F70B86B4D664A7799B008BC25E70771",
"header": "Authorization of assistance to a Palestinian State",
"nested": [
{
"text": "(a) Assistance \nThe President is authorized to provide assistance to a Palestinian state in accordance with the requirements of this section.",
"id": "H5F603B74DD504774A8EFE7C3B1BBD8",
"header": "Assistance",
"nested": [],
"links": []
},
{
"text": "(b) Activities to be supported \nAssistance provided under subsection (a) shall be used to support activities within a Palestinian state to substantially improve the economy and living conditions of the Palestinians by, among other things, providing for economic development in the West Bank and Gaza, continuing to promote democracy and the rule of law, developing water resources, assisting in security cooperation between Israelis and Palestinians, and helping with the compensation and rehabilitation of Palestinian refugees.",
"id": "H569BDCB9A9684F4CAC3E9391D8973DBD",
"header": "Activities to be supported",
"nested": [],
"links": []
},
{
"text": "(c) Authorization of appropriations \nOf the amounts made available to carry out chapter 4 of part II of this Act for a fiscal year, there are authorized to be appropriated to the President to carry out subsections (a) and (b) such sums as may be necessary for each such fiscal year.",
"id": "H814E958BE14C4CB488BFE3C19BEF2DCA",
"header": "Authorization of appropriations",
"nested": [],
"links": []
},
{
"text": "(d) Coordination of international assistance \n(1) In general \nBeginning on the date on which the President transmits to Congress an initial certification under section 620K(c), the Secretary of State shall— (A) seek to convene one or more donors conferences to gain commitments from other countries, multilateral institutions, and nongovernmental organizations to provide economic assistance to Palestinians; (B) seek to ensure that such commitments to provide assistance are honored in a timely manner; (C) promote coordination of assistance among the United States and such other countries, multilateral institutions, and nongovernmental organizations; (D) monitor the assistance to ensure that the assistance provided to Palestinians is used for the purposes for which it was provided; and (E) seek to ensure that other countries, multilateral institutions, and nongovernmental organizations do not provide assistance to Palestinians through entities that are designated as terrorist organizations under United States law. (2) Annual reports \nNot later than 180 days after the date of the enactment of this section, and on an annual basis thereafter, the Secretary of State shall prepare and submit to the Committee on International Relations and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate a report that describes the activities undertaken to meet the requirements of paragraph (1). (3) Burdensharing \nEach report under paragraph (2) shall include a description of the amounts committed, and the amounts provided, to a Palestinian state or Palestinians during the reporting period by each country and organization.",
"id": "H98D76FE8D2D546CA8FD830D396E5DB88",
"header": "Coordination of international assistance",
"nested": [],
"links": []
}
],
"links": []
}
] | 9 | 1. Short title
This Act may be cited as the. 2. Findings
Congress makes the following findings: (1) The security of the State of Israel is a major and enduring national security interest of the United States. (2) A lasting peace in the Middle East region, which Israel desperately seeks, can only take root in an atmosphere free of violence and terrorism. (3) The Palestinian people have been ill-served by leaders who, by resorting to violence and terrorism to pursue their political objectives, have brought economic and personal hardship to their people and brought a halt to efforts seeking a negotiated settlement of the conflict. (4) The United States has an interest in a Middle East in which two states, Israel and Palestine, will live side by side in peace and security. (5) In his speech of June 24, 2002, and in other statements, President George W. Bush outlined a comprehensive vision of the possibilities of peace in the Middle East region following a change in Palestinian leadership. (6) President Bush stated in his June 24, 2002, speech that a stable and peaceful Palestinian state is necessary to achieve the security that Israel longs for, and Israel has committed itself to concrete steps to achieve that end. (7) The Palestinian state must be a reformed, peaceful, and democratic state that abandons forever the use of terror. (8) Israel has repeatedly indicated its willingness to make painful concessions to achieve peace once there is a partner for peace on the Palestinian side. 3. Purposes
The purposes of this Act are— (1) to express the sense of Congress with respect to United States recognition of a Palestinian state; (2) to encourage the emergence of a Palestinian leadership that is capable of achieving the reforms outlined by President Bush, including making peace with Israel, combating all forms of terrorism, and developing a peaceful, democratic Palestinian state; and (3) to demonstrate United States willingness to provide substantial economic and humanitarian assistance, and to support large-scale multilateral assistance, to a peaceful, democratic Palestinian state, after the Palestinians have achieved the reforms outlined by President Bush and have achieved peace with Israel. 4. Sense of Congress
It is the sense of Congress that— (1) peace between Israel and the Palestinians cannot be achieved until the Palestinian system of government has been transformed along the lines outlined in President Bush’s June 24, 2002, speech; (2) substantial United States and international economic assistance will be needed after the Palestinians have achieved the reforms described in section 620K(c)(2) of the Foreign Assistance Act of 1961 (as added by section 6 of this Act) and have made a lasting and secure peace with Israel; (3) any new Palestinian administration urgently should take the necessary security-related steps to allow for implementation of a performance-based road map to resolve the Israeli-Palestinian conflict; (4) the United States Administration should work vigorously toward the goal of two states living side-by-side in peace within secure and internationally-recognized boundaries free from threats or acts of force; and (5) the United States has a vital national security interest in a permanent, comprehensive, and just resolution of the Arab-Israeli conflict, and particularly the Palestinian-Israeli conflict, based on the terms of United Nations Security Council Resolutions 242 and 338. 5. Recognition of a Palestinian State
It is the sense of Congress that a Palestinian state should not be recognized by the United States until the President determines that— (1) a new leadership of a Palestinian governing entity, not compromised by terrorism, has been elected and taken office; and (2) the newly-elected Palestinian governing entity— (A) has demonstrated a firm and tangible commitment to peaceful coexistence with the State of Israel and to ending anti-Israel incitement, including the cessation of all officially sanctioned or funded anti-Israel incitement; (B) has taken sustained and effective measures to counter terrorism and terrorist financing in the West Bank and Gaza, including the dismantling of the terrorist infrastructure and the confiscation of unlawful weaponry; (C) has established one unified Palestinian security entity that is fully cooperating with the appropriate Israeli security organizations; (D) has achieved exclusive authority and responsibility for governing the national affairs of a Palestinian state, has taken effective steps to ensure democracy, the rule of law, and an independent judiciary, and has adopted other reforms ensuring transparent and accountable governance; and (E) has taken effective steps to ensure that its education and communications systems promote the acceptance of Israel’s existence and of peace with Israel and actively discourage anti-Israel incitement. 6. Limitation on assistance to a Palestinian State
Chapter 1 of part III of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2351 et seq. ) is amended— (1) by redesignating the second section 620G (as added by section 149 of Public Law 104–164 (110 Stat. 1436)) as section 620J and inserting such section after section 620I; and (2) by adding at the end the following new section: 620K. Limitation on assistance to a Palestinian State
(a) Limitation
(1) In general
Notwithstanding any other provision of law, direct assistance may be provided under this Act or any other provision of law to the government of a Palestinian state only during a period for which a certification described in subsection (c) is in effect. The limitation contained in the preceding sentence shall not apply (A) to humanitarian or development assistance that is provided through nongovernmental organizations for the benefit of the Palestinian people in the West Bank and Gaza, or (B) to assistance that is intended to reform the Palestinian Authority and affiliated institutions, or a newly elected Palestinian governing entity, in order to help meet the requirements contained in subparagraphs (A) through (H) of subsection (c)(3) or to address the matters described in subparagraphs (A) through (E) of section 5(2) of the. (2) Waiver
The President may waive the limitation of the first sentence of paragraph (1) if the President determines and certifies to the Committee on International Relations and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate that it is vital to the national security interest of the United States to do so. (b) Congressional notification
(1) In general
Assistance made available under this Act or any other provision of law to a Palestinian state may not be provided until 15 days after the date on which the President has provided notice thereof to the Committee on International Relations and the Committee on Appropriations of the House of Representatives and to the Committee on Foreign Relations and the Committee on Appropriations of the Senate in accordance with the procedures applicable to reprogramming notifications under section 634A(a) of this Act. (2) Sunset
Paragraph (1) shall cease to be effective beginning ten years after the date on which notice is first provided under such paragraph. (c) Certification
A certification described in this subsection is a certification transmitted by the President to Congress that— (1) a Palestinian state exists and has been recognized by the United States and Israel and admitted to the United Nations; (2) a binding international peace agreement exists between Israel and the Palestinian state that— (A) was freely signed by both parties; (B) guarantees both parties’ commitment to a mutually agreed border between two states that constitutes a secure and internationally recognized boundary for both states, with no remaining territorial claims; (C) provides a permanent resolution for both Palestinian refugees and Jewish refugees from Arab countries; (D) provides for mutually agreeable arrangements on all remaining permanent status issues, including borders, settlements, water resources, and Jerusalem; and (E) includes a renunciation of all remaining claims through provisions that commit both sides to the end of the conflict; and (3) the new Palestinian government— (A) has been democratically elected through free and fair elections, has exclusive authority and responsibility for governing the national affairs of the Palestinian state, and has achieved the reforms outlined by President Bush in his June 24, 2002, speech; (B) has completely renounced the use of violence against the State of Israel and its citizens, is vigorously attempting to prevent any acts of terrorism against Israel and its citizens, and punishes the perpetrators of such acts in a manner commensurate with their actions; (C) has dismantled, and terminated the funding of, any group within its territory that conducts terrorism against Israel; (D) is engaging in ongoing and extensive security cooperation with the State of Israel; (E) refrains from any officially sanctioned or funded statement or act designed to incite Palestinians or others against the State of Israel and its citizens; (F) has an elected leadership not compromised by terror; (G) has instituted clearly defined and agreed upon limits on its military; and (H) has no alliances or agreements that pose a threat to the security of the State of Israel. (d) Recertifications
Not later than 90 days after the date on which the President transmits to Congress an initial certification under subsection (c), and every 6 months thereafter for the 10-year period beginning on the date of transmittal of such certification— (1) the President shall transmit to Congress a recertification that the requirements contained in subsection (c) are continuing to be met; or (2) if the President is unable to make such a recertification, the President shall transmit to Congress a report that contains the reasons therefor. (e) Rule of construction
A certification under subsection (c) shall be deemed to be in effect beginning on the day after the last day of the 10-year period described in subsection (d) unless the President subsequently determines that the requirements contained in subsection (c) are no longer being met and the President transmits to Congress a report that contains the reasons therefor.. 620K. Limitation on assistance to a Palestinian State
(a) Limitation
(1) In general
Notwithstanding any other provision of law, direct assistance may be provided under this Act or any other provision of law to the government of a Palestinian state only during a period for which a certification described in subsection (c) is in effect. The limitation contained in the preceding sentence shall not apply (A) to humanitarian or development assistance that is provided through nongovernmental organizations for the benefit of the Palestinian people in the West Bank and Gaza, or (B) to assistance that is intended to reform the Palestinian Authority and affiliated institutions, or a newly elected Palestinian governing entity, in order to help meet the requirements contained in subparagraphs (A) through (H) of subsection (c)(3) or to address the matters described in subparagraphs (A) through (E) of section 5(2) of the. (2) Waiver
The President may waive the limitation of the first sentence of paragraph (1) if the President determines and certifies to the Committee on International Relations and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate that it is vital to the national security interest of the United States to do so. (b) Congressional notification
(1) In general
Assistance made available under this Act or any other provision of law to a Palestinian state may not be provided until 15 days after the date on which the President has provided notice thereof to the Committee on International Relations and the Committee on Appropriations of the House of Representatives and to the Committee on Foreign Relations and the Committee on Appropriations of the Senate in accordance with the procedures applicable to reprogramming notifications under section 634A(a) of this Act. (2) Sunset
Paragraph (1) shall cease to be effective beginning ten years after the date on which notice is first provided under such paragraph. (c) Certification
A certification described in this subsection is a certification transmitted by the President to Congress that— (1) a Palestinian state exists and has been recognized by the United States and Israel and admitted to the United Nations; (2) a binding international peace agreement exists between Israel and the Palestinian state that— (A) was freely signed by both parties; (B) guarantees both parties’ commitment to a mutually agreed border between two states that constitutes a secure and internationally recognized boundary for both states, with no remaining territorial claims; (C) provides a permanent resolution for both Palestinian refugees and Jewish refugees from Arab countries; (D) provides for mutually agreeable arrangements on all remaining permanent status issues, including borders, settlements, water resources, and Jerusalem; and (E) includes a renunciation of all remaining claims through provisions that commit both sides to the end of the conflict; and (3) the new Palestinian government— (A) has been democratically elected through free and fair elections, has exclusive authority and responsibility for governing the national affairs of the Palestinian state, and has achieved the reforms outlined by President Bush in his June 24, 2002, speech; (B) has completely renounced the use of violence against the State of Israel and its citizens, is vigorously attempting to prevent any acts of terrorism against Israel and its citizens, and punishes the perpetrators of such acts in a manner commensurate with their actions; (C) has dismantled, and terminated the funding of, any group within its territory that conducts terrorism against Israel; (D) is engaging in ongoing and extensive security cooperation with the State of Israel; (E) refrains from any officially sanctioned or funded statement or act designed to incite Palestinians or others against the State of Israel and its citizens; (F) has an elected leadership not compromised by terror; (G) has instituted clearly defined and agreed upon limits on its military; and (H) has no alliances or agreements that pose a threat to the security of the State of Israel. (d) Recertifications
Not later than 90 days after the date on which the President transmits to Congress an initial certification under subsection (c), and every 6 months thereafter for the 10-year period beginning on the date of transmittal of such certification— (1) the President shall transmit to Congress a recertification that the requirements contained in subsection (c) are continuing to be met; or (2) if the President is unable to make such a recertification, the President shall transmit to Congress a report that contains the reasons therefor. (e) Rule of construction
A certification under subsection (c) shall be deemed to be in effect beginning on the day after the last day of the 10-year period described in subsection (d) unless the President subsequently determines that the requirements contained in subsection (c) are no longer being met and the President transmits to Congress a report that contains the reasons therefor. 7. Authorization of assistance to a Palestinian State
Chapter 1 of part III of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2351 et seq. ), as amended by section 6, is further amended by adding at the end the following new section: 620L. Authorization of assistance to a Palestinian State
(a) Assistance
The President is authorized to provide assistance to a Palestinian state in accordance with the requirements of this section. (b) Activities to be supported
Assistance provided under subsection (a) shall be used to support activities within a Palestinian state to substantially improve the economy and living conditions of the Palestinians by, among other things, providing for economic development in the West Bank and Gaza, continuing to promote democracy and the rule of law, developing water resources, assisting in security cooperation between Israelis and Palestinians, and helping with the compensation and rehabilitation of Palestinian refugees. (c) Authorization of appropriations
Of the amounts made available to carry out chapter 4 of part II of this Act for a fiscal year, there are authorized to be appropriated to the President to carry out subsections (a) and (b) such sums as may be necessary for each such fiscal year. (d) Coordination of international assistance
(1) In general
Beginning on the date on which the President transmits to Congress an initial certification under section 620K(c), the Secretary of State shall— (A) seek to convene one or more donors conferences to gain commitments from other countries, multilateral institutions, and nongovernmental organizations to provide economic assistance to Palestinians; (B) seek to ensure that such commitments to provide assistance are honored in a timely manner; (C) promote coordination of assistance among the United States and such other countries, multilateral institutions, and nongovernmental organizations; (D) monitor the assistance to ensure that the assistance provided to Palestinians is used for the purposes for which it was provided; and (E) seek to ensure that other countries, multilateral institutions, and nongovernmental organizations do not provide assistance to Palestinians through entities that are designated as terrorist organizations under United States law. (2) Annual reports
Not later than 180 days after the date of the enactment of this section, and on an annual basis thereafter, the Secretary of State shall prepare and submit to the Committee on International Relations and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate a report that describes the activities undertaken to meet the requirements of paragraph (1). (3) Burdensharing
Each report under paragraph (2) shall include a description of the amounts committed, and the amounts provided, to a Palestinian state or Palestinians during the reporting period by each country and organization.. 620L. Authorization of assistance to a Palestinian State
(a) Assistance
The President is authorized to provide assistance to a Palestinian state in accordance with the requirements of this section. (b) Activities to be supported
Assistance provided under subsection (a) shall be used to support activities within a Palestinian state to substantially improve the economy and living conditions of the Palestinians by, among other things, providing for economic development in the West Bank and Gaza, continuing to promote democracy and the rule of law, developing water resources, assisting in security cooperation between Israelis and Palestinians, and helping with the compensation and rehabilitation of Palestinian refugees. (c) Authorization of appropriations
Of the amounts made available to carry out chapter 4 of part II of this Act for a fiscal year, there are authorized to be appropriated to the President to carry out subsections (a) and (b) such sums as may be necessary for each such fiscal year. (d) Coordination of international assistance
(1) In general
Beginning on the date on which the President transmits to Congress an initial certification under section 620K(c), the Secretary of State shall— (A) seek to convene one or more donors conferences to gain commitments from other countries, multilateral institutions, and nongovernmental organizations to provide economic assistance to Palestinians; (B) seek to ensure that such commitments to provide assistance are honored in a timely manner; (C) promote coordination of assistance among the United States and such other countries, multilateral institutions, and nongovernmental organizations; (D) monitor the assistance to ensure that the assistance provided to Palestinians is used for the purposes for which it was provided; and (E) seek to ensure that other countries, multilateral institutions, and nongovernmental organizations do not provide assistance to Palestinians through entities that are designated as terrorist organizations under United States law. (2) Annual reports
Not later than 180 days after the date of the enactment of this section, and on an annual basis thereafter, the Secretary of State shall prepare and submit to the Committee on International Relations and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate a report that describes the activities undertaken to meet the requirements of paragraph (1). (3) Burdensharing
Each report under paragraph (2) shall include a description of the amounts committed, and the amounts provided, to a Palestinian state or Palestinians during the reporting period by each country and organization. | 21,281 | [
"Foreign Affairs Committee"
] |
108hr4616ih | 108 | hr | 4,616 | ih | To amend title 38, United States Code, to extend for four years the operation of the demonstration project of the Secretary of Veterans Affairs to guarantee hybrid adjustable rate mortgages for the construction or purchase of homes by veterans. | [
{
"text": "1. Short title \nThis Act may be cited as the Veterans' Adjustable Rate Home Loan Extension Act of 2004.",
"id": "HB03B2EFD1FF5499CAB4889EA01732E88",
"header": "Short title",
"nested": [],
"links": []
},
{
"text": "2. Four-year extension of hybrid adjustable rate mortgage guarantee demonstration program \nSubsection (a) of section 3707A of title 38, United States Code, is amended by striking during fiscal years 2004 and 2005 and inserting during fiscal years 2004 through 2009.",
"id": "HA92FD52E7E094C96BD6CF6DD3DB357F9",
"header": "Four-year extension of hybrid adjustable rate mortgage guarantee demonstration program",
"nested": [
{
"text": "Subsection (a) of section 3707A of title 38, United States Code, is amended by striking during fiscal years 2004 and 2005 and inserting during fiscal years 2004 through 2009.",
"id": "HD0BBA2FF31034A2DBAADA12C49E8CAF5",
"header": null,
"nested": [],
"links": [
{
"text": "section 3707A",
"legal-doc": "usc",
"parsable-cite": "usc/38/3707A"
}
]
}
],
"links": [
{
"text": "section 3707A",
"legal-doc": "usc",
"parsable-cite": "usc/38/3707A"
}
]
}
] | 2 | 1. Short title
This Act may be cited as the Veterans' Adjustable Rate Home Loan Extension Act of 2004. 2. Four-year extension of hybrid adjustable rate mortgage guarantee demonstration program
Subsection (a) of section 3707A of title 38, United States Code, is amended by striking during fiscal years 2004 and 2005 and inserting during fiscal years 2004 through 2009. | 369 | [
"Veterans' Affairs Committee"
] |
108hr4408ih | 108 | hr | 4,408 | ih | For the relief of Jen-Hui Tsai. | [
{
"text": "1. Permanent resident status for Jen-Hui Tsai \n(a) In general \nNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act , Jen-Hui Tsai shall 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 Jen-Hui Tsai enters the United States before the filing deadline specified in subsection (c), 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 Jen-Hui Tsai, the Secretary of State shall instruct the proper officer to reduce by 1, 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 alien’s 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 alien’s birth under section 202(e) of such Act. (e) Denial of preferential immigration treatment for certain relatives \nThe natural parents, brothers, and sisters of Jen-Hui Tsai shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.",
"id": "H161709328EC44CC19CFB4439D1C6A51B",
"header": "Permanent resident status for Jen-Hui Tsai",
"nested": [
{
"text": "(a) In general \nNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act , Jen-Hui Tsai shall 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": "H5910CB23E6E54D709BE633503D9F793",
"header": "In general",
"nested": [],
"links": []
},
{
"text": "(b) Adjustment of status \nIf Jen-Hui Tsai enters the United States before the filing deadline specified in subsection (c), 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": "H2BBBABF77B3A43709F00F3CE02EF15F1",
"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": "H84BC7B92858B4902002D5700FADE8299",
"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 Jen-Hui Tsai, the Secretary of State shall instruct the proper officer to reduce by 1, 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 alien’s 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 alien’s birth under section 202(e) of such Act.",
"id": "HB0DD90FF735D473EA1F266FF1CAD1F76",
"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 Jen-Hui Tsai shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.",
"id": "HFA264303DD0D457F8B07DE32AEE17E72",
"header": "Denial of preferential immigration treatment for certain relatives",
"nested": [],
"links": []
}
],
"links": []
}
] | 1 | 1. Permanent resident status for Jen-Hui Tsai
(a) In general
Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act , Jen-Hui Tsai shall 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
If Jen-Hui Tsai enters the United States before the filing deadline specified in subsection (c), 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
Subsections (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
Upon the granting of an immigrant visa or permanent residence to Jen-Hui Tsai, the Secretary of State shall instruct the proper officer to reduce by 1, 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 alien’s 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 alien’s birth under section 202(e) of such Act. (e) Denial of preferential immigration treatment for certain relatives
The natural parents, brothers, and sisters of Jen-Hui Tsai shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act. | 1,929 | [
"Judiciary Committee"
] |
108hr4969ih | 108 | hr | 4,969 | ih | To require the annual poverty estimate and the National Assessment of Educational Progress to be subject to certain guidance on the release of information to the public. | [
{
"text": "1. Requirements applicable to public release of annual poverty estimate and National Assessment of Educational Progress \n(a) In general \nThe annual poverty estimate and the National Assessment of Educational Progress shall be treated as if they were principal economic indicators and subject to the provisions of the Statistical Policy Directive on Compilation, Release, and Evaluation of Principal Federal Economic Indicators of the Office of Management and Budget (50 Fed. Reg. 38932; September 25, 1985). (b) Definitions \nIn this section: (1) The term annual poverty estimate means the Annual Demographic Supplement to the March Current Population Survey, or any successor document that is the basis for the official national estimate of the levels of poverty, of the Bureau of the Census. (2) The term National Assessment of Educational Progress means the National Assessment of Educational Progress established pursuant to section 303 of the National Assessment of Educational Progress Authorization Act (title II of the Act of November 5, 2002; Public Law 107–279 ).",
"id": "H56FFF2A9A8564493BFBF7C244D396466",
"header": "Requirements applicable to public release of annual poverty estimate and National Assessment of Educational Progress",
"nested": [
{
"text": "(a) In general \nThe annual poverty estimate and the National Assessment of Educational Progress shall be treated as if they were principal economic indicators and subject to the provisions of the Statistical Policy Directive on Compilation, Release, and Evaluation of Principal Federal Economic Indicators of the Office of Management and Budget (50 Fed. Reg. 38932; September 25, 1985).",
"id": "HB2450F154E774DA38DC295006C03C1C1",
"header": "In general",
"nested": [],
"links": []
},
{
"text": "(b) Definitions \nIn this section: (1) The term annual poverty estimate means the Annual Demographic Supplement to the March Current Population Survey, or any successor document that is the basis for the official national estimate of the levels of poverty, of the Bureau of the Census. (2) The term National Assessment of Educational Progress means the National Assessment of Educational Progress established pursuant to section 303 of the National Assessment of Educational Progress Authorization Act (title II of the Act of November 5, 2002; Public Law 107–279 ).",
"id": "H389C4CE9B23D476AA12D3ED1DC6CB39C",
"header": "Definitions",
"nested": [],
"links": [
{
"text": "Public Law 107–279",
"legal-doc": "public-law",
"parsable-cite": "pl/107/279"
}
]
}
],
"links": [
{
"text": "Public Law 107–279",
"legal-doc": "public-law",
"parsable-cite": "pl/107/279"
}
]
}
] | 1 | 1. Requirements applicable to public release of annual poverty estimate and National Assessment of Educational Progress
(a) In general
The annual poverty estimate and the National Assessment of Educational Progress shall be treated as if they were principal economic indicators and subject to the provisions of the Statistical Policy Directive on Compilation, Release, and Evaluation of Principal Federal Economic Indicators of the Office of Management and Budget (50 Fed. Reg. 38932; September 25, 1985). (b) Definitions
In this section: (1) The term annual poverty estimate means the Annual Demographic Supplement to the March Current Population Survey, or any successor document that is the basis for the official national estimate of the levels of poverty, of the Bureau of the Census. (2) The term National Assessment of Educational Progress means the National Assessment of Educational Progress established pursuant to section 303 of the National Assessment of Educational Progress Authorization Act (title II of the Act of November 5, 2002; Public Law 107–279 ). | 1,072 | [
"Education and the Workforce Committee"
] |
108hr4787ih | 108 | hr | 4,787 | ih | To amend title 18, United States Code, to prohibit the sale to, and possession by, unauthorized users of traffic signal preemption transmitters, and for other purposes. | [
{
"text": "That (a) Chapter 2 of title 18, United States Code, is amended by adding at the end the following: 39. Traffic signal preemption transmitters \n(a) Offenses \n(1) Sale \nWhoever, in or affecting interstate or foreign commerce, knowingly sells a traffic signal preemption transmitter to a person who is not a government approved user of such a transmitter shall be fined under this title or imprisoned not more than 1 year, or both. (2) Possession \nWhoever, not being a government approved user of a traffic signal preemption transmitter, knowingly possesses a traffic signal preemption transmitter in or affecting interstate or foreign commerce shall be fined under this title or imprisoned not more than 6 months, or both. (b) Definitions \nIn this section, the term traffic signal preemption transmitter means any device or mechanism that can change a traffic signal’s phase.. (b) The table of sections at the beginning of chapter 2 of title 18, United States Code, is amended by adding at the end the following: 39. Traffic signal preemption transmitters.",
"id": "H285A5BD8F4204751BB77BFA1B964D4CC",
"header": null,
"nested": [
{
"text": "(b) The table of sections at the beginning of chapter 2 of title 18, United States Code, is amended by adding at the end the following: 39. Traffic signal preemption transmitters.",
"id": "H513C597B91DA4EB3A1295EB7A30087D9",
"header": null,
"nested": [],
"links": [
{
"text": "chapter 2",
"legal-doc": "usc-chapter",
"parsable-cite": "usc-chapter/18/2"
}
]
}
],
"links": [
{
"text": "Chapter 2",
"legal-doc": "usc-chapter",
"parsable-cite": "usc-chapter/18/2"
},
{
"text": "chapter 2",
"legal-doc": "usc-chapter",
"parsable-cite": "usc-chapter/18/2"
}
]
},
{
"text": "39. Traffic signal preemption transmitters \n(a) Offenses \n(1) Sale \nWhoever, in or affecting interstate or foreign commerce, knowingly sells a traffic signal preemption transmitter to a person who is not a government approved user of such a transmitter shall be fined under this title or imprisoned not more than 1 year, or both. (2) Possession \nWhoever, not being a government approved user of a traffic signal preemption transmitter, knowingly possesses a traffic signal preemption transmitter in or affecting interstate or foreign commerce shall be fined under this title or imprisoned not more than 6 months, or both. (b) Definitions \nIn this section, the term traffic signal preemption transmitter means any device or mechanism that can change a traffic signal’s phase.",
"id": "H5377742445E0482C98F1BBD0FA8496A9",
"header": "Traffic signal preemption transmitters",
"nested": [
{
"text": "(a) Offenses \n(1) Sale \nWhoever, in or affecting interstate or foreign commerce, knowingly sells a traffic signal preemption transmitter to a person who is not a government approved user of such a transmitter shall be fined under this title or imprisoned not more than 1 year, or both. (2) Possession \nWhoever, not being a government approved user of a traffic signal preemption transmitter, knowingly possesses a traffic signal preemption transmitter in or affecting interstate or foreign commerce shall be fined under this title or imprisoned not more than 6 months, or both.",
"id": "HC3C61630ECDD48E9BDA9534100BAF296",
"header": "Offenses",
"nested": [],
"links": []
},
{
"text": "(b) Definitions \nIn this section, the term traffic signal preemption transmitter means any device or mechanism that can change a traffic signal’s phase.",
"id": "H530BA2D215094B58B82F13936E99E5A",
"header": "Definitions",
"nested": [],
"links": []
}
],
"links": []
}
] | 2 | That (a) Chapter 2 of title 18, United States Code, is amended by adding at the end the following: 39. Traffic signal preemption transmitters
(a) Offenses
(1) Sale
Whoever, in or affecting interstate or foreign commerce, knowingly sells a traffic signal preemption transmitter to a person who is not a government approved user of such a transmitter shall be fined under this title or imprisoned not more than 1 year, or both. (2) Possession
Whoever, not being a government approved user of a traffic signal preemption transmitter, knowingly possesses a traffic signal preemption transmitter in or affecting interstate or foreign commerce shall be fined under this title or imprisoned not more than 6 months, or both. (b) Definitions
In this section, the term traffic signal preemption transmitter means any device or mechanism that can change a traffic signal’s phase.. (b) The table of sections at the beginning of chapter 2 of title 18, United States Code, is amended by adding at the end the following: 39. Traffic signal preemption transmitters. 39. Traffic signal preemption transmitters
(a) Offenses
(1) Sale
Whoever, in or affecting interstate or foreign commerce, knowingly sells a traffic signal preemption transmitter to a person who is not a government approved user of such a transmitter shall be fined under this title or imprisoned not more than 1 year, or both. (2) Possession
Whoever, not being a government approved user of a traffic signal preemption transmitter, knowingly possesses a traffic signal preemption transmitter in or affecting interstate or foreign commerce shall be fined under this title or imprisoned not more than 6 months, or both. (b) Definitions
In this section, the term traffic signal preemption transmitter means any device or mechanism that can change a traffic signal’s phase. | 1,829 | [
"Judiciary Committee"
] |
108hr3928ih | 108 | hr | 3,928 | ih | To amend title 10, United States Code, to allow nationals of the United States to attend military service academies and receive Reserve Officers’ Training Corps (ROTC) scholarships on the condition that the individual naturalize before graduation. | [
{
"text": "1. Agreement for United States Nationals to Become Citizens Before Completion of Certain Military Precommissioning Programs \n(a) In General \nChapter 101 of title 10, United States Code, is amended by adding at the end the following new section: 2015. United States nationals: agreement to become citizen before completion of precommissioning program \n(a) As a condition to the Secretary concerned admitting a person who is a national of the United States but not a citizen of the United States to a precommissioning program specified in subsection (c), the Secretary shall require such person to enter into a written agreement with the Secretary under the terms of which such person shall agree— (1) to apply for and complete naturalization under section 325 of the Immigration and Nationality Act ( 8 U.S.C. 1436 ) before completion of such precommissioning program; and (2) that if such person fails to apply for and complete naturalization in accordance with the agreement, such person shall be subject to the penalties under section 2005 of this title in the same manner as a person who voluntarily fails to fulfill any term or condition of an agreement described in such section. (b) The requirements of sections 2104(b)(1), 2107(b)(1), and 2107a(b)(1) of this title shall not apply to a national of the United States who enters into an agreement described in subsection (a) with respect to participation in a Senior Reserve Officers’ Training Corps program. (c) The precommissioning programs referred to in subsection (a) are— (1) the programs of instruction and training offered by the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, and the United States Coast Guard Academy; and (2) the Senior Reserve Officers’ Training Corps programs offered under sections 2107 and 2107a of this title and the advanced training offered in Senior Reserve Officers’ Training Corps programs under section 2104 of this title. (d) In this section: (1) The term advanced training has the meaning given that term in section 2101(3) of this title. (2) The term national of the United States has the meaning given that term in section 101(a)(22) of the Immigration and Nationality Act ( 8 U.S.C. 1436 ).. (b) Clerical Amendment \nThe table of sections at the beginning of such chapter is amended by adding at the end the following new item: 2015. United States nationals: agreement to become citizen before completion of precommissioning program.",
"id": "HE2034D151AB7468CAD7B1BEF27CEF3E",
"header": "Agreement for United States Nationals to Become Citizens Before Completion of Certain Military Precommissioning Programs",
"nested": [
{
"text": "(a) In General \nChapter 101 of title 10, United States Code, is amended by adding at the end the following new section: 2015. United States nationals: agreement to become citizen before completion of precommissioning program \n(a) As a condition to the Secretary concerned admitting a person who is a national of the United States but not a citizen of the United States to a precommissioning program specified in subsection (c), the Secretary shall require such person to enter into a written agreement with the Secretary under the terms of which such person shall agree— (1) to apply for and complete naturalization under section 325 of the Immigration and Nationality Act ( 8 U.S.C. 1436 ) before completion of such precommissioning program; and (2) that if such person fails to apply for and complete naturalization in accordance with the agreement, such person shall be subject to the penalties under section 2005 of this title in the same manner as a person who voluntarily fails to fulfill any term or condition of an agreement described in such section. (b) The requirements of sections 2104(b)(1), 2107(b)(1), and 2107a(b)(1) of this title shall not apply to a national of the United States who enters into an agreement described in subsection (a) with respect to participation in a Senior Reserve Officers’ Training Corps program. (c) The precommissioning programs referred to in subsection (a) are— (1) the programs of instruction and training offered by the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, and the United States Coast Guard Academy; and (2) the Senior Reserve Officers’ Training Corps programs offered under sections 2107 and 2107a of this title and the advanced training offered in Senior Reserve Officers’ Training Corps programs under section 2104 of this title. (d) In this section: (1) The term advanced training has the meaning given that term in section 2101(3) of this title. (2) The term national of the United States has the meaning given that term in section 101(a)(22) of the Immigration and Nationality Act ( 8 U.S.C. 1436 )..",
"id": "H300A9EED08D84FB09B589B363DFAA9DD",
"header": "In General",
"nested": [],
"links": [
{
"text": "Chapter 101",
"legal-doc": "usc-chapter",
"parsable-cite": "usc-chapter/10/101"
},
{
"text": "8 U.S.C. 1436",
"legal-doc": "usc",
"parsable-cite": "usc/8/1436"
},
{
"text": "8 U.S.C. 1436",
"legal-doc": "usc",
"parsable-cite": "usc/8/1436"
}
]
},
{
"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: 2015. United States nationals: agreement to become citizen before completion of precommissioning program.",
"id": "HBF7C1A8F9BC94F8D9CD7E78C87025FD6",
"header": "Clerical Amendment",
"nested": [],
"links": []
}
],
"links": [
{
"text": "Chapter 101",
"legal-doc": "usc-chapter",
"parsable-cite": "usc-chapter/10/101"
},
{
"text": "8 U.S.C. 1436",
"legal-doc": "usc",
"parsable-cite": "usc/8/1436"
},
{
"text": "8 U.S.C. 1436",
"legal-doc": "usc",
"parsable-cite": "usc/8/1436"
}
]
},
{
"text": "2015. United States nationals: agreement to become citizen before completion of precommissioning program \n(a) As a condition to the Secretary concerned admitting a person who is a national of the United States but not a citizen of the United States to a precommissioning program specified in subsection (c), the Secretary shall require such person to enter into a written agreement with the Secretary under the terms of which such person shall agree— (1) to apply for and complete naturalization under section 325 of the Immigration and Nationality Act ( 8 U.S.C. 1436 ) before completion of such precommissioning program; and (2) that if such person fails to apply for and complete naturalization in accordance with the agreement, such person shall be subject to the penalties under section 2005 of this title in the same manner as a person who voluntarily fails to fulfill any term or condition of an agreement described in such section. (b) The requirements of sections 2104(b)(1), 2107(b)(1), and 2107a(b)(1) of this title shall not apply to a national of the United States who enters into an agreement described in subsection (a) with respect to participation in a Senior Reserve Officers’ Training Corps program. (c) The precommissioning programs referred to in subsection (a) are— (1) the programs of instruction and training offered by the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, and the United States Coast Guard Academy; and (2) the Senior Reserve Officers’ Training Corps programs offered under sections 2107 and 2107a of this title and the advanced training offered in Senior Reserve Officers’ Training Corps programs under section 2104 of this title. (d) In this section: (1) The term advanced training has the meaning given that term in section 2101(3) of this title. (2) The term national of the United States has the meaning given that term in section 101(a)(22) of the Immigration and Nationality Act ( 8 U.S.C. 1436 ).",
"id": "HF617ED4E27E54A429DAF0058933D6D49",
"header": "United States nationals: agreement to become citizen before completion of precommissioning program",
"nested": [
{
"text": "(a) As a condition to the Secretary concerned admitting a person who is a national of the United States but not a citizen of the United States to a precommissioning program specified in subsection (c), the Secretary shall require such person to enter into a written agreement with the Secretary under the terms of which such person shall agree— (1) to apply for and complete naturalization under section 325 of the Immigration and Nationality Act ( 8 U.S.C. 1436 ) before completion of such precommissioning program; and (2) that if such person fails to apply for and complete naturalization in accordance with the agreement, such person shall be subject to the penalties under section 2005 of this title in the same manner as a person who voluntarily fails to fulfill any term or condition of an agreement described in such section.",
"id": "HE23DC1BAEF05470DB4CFA51EA8BCA1A3",
"header": null,
"nested": [],
"links": [
{
"text": "8 U.S.C. 1436",
"legal-doc": "usc",
"parsable-cite": "usc/8/1436"
}
]
},
{
"text": "(b) The requirements of sections 2104(b)(1), 2107(b)(1), and 2107a(b)(1) of this title shall not apply to a national of the United States who enters into an agreement described in subsection (a) with respect to participation in a Senior Reserve Officers’ Training Corps program.",
"id": "H36E15D76D92B47E5B222BCE7E2A9EA15",
"header": null,
"nested": [],
"links": []
},
{
"text": "(c) The precommissioning programs referred to in subsection (a) are— (1) the programs of instruction and training offered by the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, and the United States Coast Guard Academy; and (2) the Senior Reserve Officers’ Training Corps programs offered under sections 2107 and 2107a of this title and the advanced training offered in Senior Reserve Officers’ Training Corps programs under section 2104 of this title.",
"id": "HB954DF9552BF4279ABE67311C7719172",
"header": null,
"nested": [],
"links": []
},
{
"text": "(d) In this section: (1) The term advanced training has the meaning given that term in section 2101(3) of this title. (2) The term national of the United States has the meaning given that term in section 101(a)(22) of the Immigration and Nationality Act ( 8 U.S.C. 1436 ).",
"id": "H7C1C4426C7BA44C1B178EA88CD31999C",
"header": null,
"nested": [],
"links": [
{
"text": "8 U.S.C. 1436",
"legal-doc": "usc",
"parsable-cite": "usc/8/1436"
}
]
}
],
"links": [
{
"text": "8 U.S.C. 1436",
"legal-doc": "usc",
"parsable-cite": "usc/8/1436"
},
{
"text": "8 U.S.C. 1436",
"legal-doc": "usc",
"parsable-cite": "usc/8/1436"
}
]
}
] | 2 | 1. Agreement for United States Nationals to Become Citizens Before Completion of Certain Military Precommissioning Programs
(a) In General
Chapter 101 of title 10, United States Code, is amended by adding at the end the following new section: 2015. United States nationals: agreement to become citizen before completion of precommissioning program
(a) As a condition to the Secretary concerned admitting a person who is a national of the United States but not a citizen of the United States to a precommissioning program specified in subsection (c), the Secretary shall require such person to enter into a written agreement with the Secretary under the terms of which such person shall agree— (1) to apply for and complete naturalization under section 325 of the Immigration and Nationality Act ( 8 U.S.C. 1436 ) before completion of such precommissioning program; and (2) that if such person fails to apply for and complete naturalization in accordance with the agreement, such person shall be subject to the penalties under section 2005 of this title in the same manner as a person who voluntarily fails to fulfill any term or condition of an agreement described in such section. (b) The requirements of sections 2104(b)(1), 2107(b)(1), and 2107a(b)(1) of this title shall not apply to a national of the United States who enters into an agreement described in subsection (a) with respect to participation in a Senior Reserve Officers’ Training Corps program. (c) The precommissioning programs referred to in subsection (a) are— (1) the programs of instruction and training offered by the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, and the United States Coast Guard Academy; and (2) the Senior Reserve Officers’ Training Corps programs offered under sections 2107 and 2107a of this title and the advanced training offered in Senior Reserve Officers’ Training Corps programs under section 2104 of this title. (d) In this section: (1) The term advanced training has the meaning given that term in section 2101(3) of this title. (2) The term national of the United States has the meaning given that term in section 101(a)(22) of the Immigration and Nationality Act ( 8 U.S.C. 1436 ).. (b) Clerical Amendment
The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 2015. United States nationals: agreement to become citizen before completion of precommissioning program. 2015. United States nationals: agreement to become citizen before completion of precommissioning program
(a) As a condition to the Secretary concerned admitting a person who is a national of the United States but not a citizen of the United States to a precommissioning program specified in subsection (c), the Secretary shall require such person to enter into a written agreement with the Secretary under the terms of which such person shall agree— (1) to apply for and complete naturalization under section 325 of the Immigration and Nationality Act ( 8 U.S.C. 1436 ) before completion of such precommissioning program; and (2) that if such person fails to apply for and complete naturalization in accordance with the agreement, such person shall be subject to the penalties under section 2005 of this title in the same manner as a person who voluntarily fails to fulfill any term or condition of an agreement described in such section. (b) The requirements of sections 2104(b)(1), 2107(b)(1), and 2107a(b)(1) of this title shall not apply to a national of the United States who enters into an agreement described in subsection (a) with respect to participation in a Senior Reserve Officers’ Training Corps program. (c) The precommissioning programs referred to in subsection (a) are— (1) the programs of instruction and training offered by the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, and the United States Coast Guard Academy; and (2) the Senior Reserve Officers’ Training Corps programs offered under sections 2107 and 2107a of this title and the advanced training offered in Senior Reserve Officers’ Training Corps programs under section 2104 of this title. (d) In this section: (1) The term advanced training has the meaning given that term in section 2101(3) of this title. (2) The term national of the United States has the meaning given that term in section 101(a)(22) of the Immigration and Nationality Act ( 8 U.S.C. 1436 ). | 4,484 | [
"Armed Services Committee"
] |
108hr4673ih | 108 | hr | 4,673 | ih | To require warning labels on consumer products containing radio frequency identification devices, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the Opt Out of ID Chips Act.",
"id": "HD0A9BEC45FF8447A9E6997B2A712ACF8",
"header": "Short title",
"nested": [],
"links": []
},
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"text": "2. Disclosure of Radio Frequency Identification device in retail merchandise \n(a) In general \nNot later than 6 months after the date of the enactment of this Act, the Federal Trade Commission shall promulgate a rule under section 18(a) of the Federal Trade Commission Act (15 U.S.C. 57 a (a)) providing that it shall be an unfair or deceptive act or practice under section 5 of such Act ( 15 U.S.C. 45 ) to sell at retail any product containing a radio frequency identification device (RFID) unless— (1) such product bears a label meeting the requirements of subsection (b); and (2) the person purchasing such product is provided with the option of having such device removed from the product or permanently disabled at the time of purchase. (b) Requirement for warning label \nThe product label required by subsection (a) shall— (1) state, at a minimum, that the product contains a radio frequency identification device, and that such device can be used to track the product and transmit unique identification information to an independent reader both before and after purchase; (2) notify the consumer of such consumer’s right to have such device removed from the product or permanently disabled at the time of purchase; and (3) be in a conspicuous type-size and location and in print that contrasts with the background against which it appears. (c) Definition \nIn this Act, the term radio frequency identification device (or RFID ) means a device that acts as a transponder and enables data to be transmitted through a radio signal to a receiver and that is placed in a product to provide identification, tracking, or other information about the product or the consumer of the product.",
"id": "H5A9CAA07F12F4797BD8EE52D00DAEDFA",
"header": "Disclosure of Radio Frequency Identification device in retail merchandise",
"nested": [
{
"text": "(a) In general \nNot later than 6 months after the date of the enactment of this Act, the Federal Trade Commission shall promulgate a rule under section 18(a) of the Federal Trade Commission Act (15 U.S.C. 57 a (a)) providing that it shall be an unfair or deceptive act or practice under section 5 of such Act ( 15 U.S.C. 45 ) to sell at retail any product containing a radio frequency identification device (RFID) unless— (1) such product bears a label meeting the requirements of subsection (b); and (2) the person purchasing such product is provided with the option of having such device removed from the product or permanently disabled at the time of purchase.",
"id": "H3BEE55A939FD46BF95C17B490003ACE",
"header": "In general",
"nested": [],
"links": [
{
"text": "15 U.S.C. 45",
"legal-doc": "usc",
"parsable-cite": "usc/15/45"
}
]
},
{
"text": "(b) Requirement for warning label \nThe product label required by subsection (a) shall— (1) state, at a minimum, that the product contains a radio frequency identification device, and that such device can be used to track the product and transmit unique identification information to an independent reader both before and after purchase; (2) notify the consumer of such consumer’s right to have such device removed from the product or permanently disabled at the time of purchase; and (3) be in a conspicuous type-size and location and in print that contrasts with the background against which it appears.",
"id": "H0B0FF3CBC7B04A77967E0005DA007E37",
"header": "Requirement for warning label",
"nested": [],
"links": []
},
{
"text": "(c) Definition \nIn this Act, the term radio frequency identification device (or RFID ) means a device that acts as a transponder and enables data to be transmitted through a radio signal to a receiver and that is placed in a product to provide identification, tracking, or other information about the product or the consumer of the product.",
"id": "H61BB0A6DDB474D4F932CD6A8C51DAF4F",
"header": "Definition",
"nested": [],
"links": []
}
],
"links": [
{
"text": "15 U.S.C. 45",
"legal-doc": "usc",
"parsable-cite": "usc/15/45"
}
]
}
] | 2 | 1. Short title
This Act may be cited as the Opt Out of ID Chips Act. 2. Disclosure of Radio Frequency Identification device in retail merchandise
(a) In general
Not later than 6 months after the date of the enactment of this Act, the Federal Trade Commission shall promulgate a rule under section 18(a) of the Federal Trade Commission Act (15 U.S.C. 57 a (a)) providing that it shall be an unfair or deceptive act or practice under section 5 of such Act ( 15 U.S.C. 45 ) to sell at retail any product containing a radio frequency identification device (RFID) unless— (1) such product bears a label meeting the requirements of subsection (b); and (2) the person purchasing such product is provided with the option of having such device removed from the product or permanently disabled at the time of purchase. (b) Requirement for warning label
The product label required by subsection (a) shall— (1) state, at a minimum, that the product contains a radio frequency identification device, and that such device can be used to track the product and transmit unique identification information to an independent reader both before and after purchase; (2) notify the consumer of such consumer’s right to have such device removed from the product or permanently disabled at the time of purchase; and (3) be in a conspicuous type-size and location and in print that contrasts with the background against which it appears. (c) Definition
In this Act, the term radio frequency identification device (or RFID ) means a device that acts as a transponder and enables data to be transmitted through a radio signal to a receiver and that is placed in a product to provide identification, tracking, or other information about the product or the consumer of the product. | 1,757 | [
"Energy and Commerce Committee"
] |
108hr4935ih | 108 | hr | 4,935 | ih | To amend titles XIX and XXI of the Social Security Act to clarify and ensure that the authority granted to the Secretary of Health and Human Services under section 1115 of that Act is used solely to promote the objectives of the Medicaid and State children’s health insurance programs, and for other purposes. | [
{
"text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Medicaid and CHIP Safety Net Preservation Act of 2004. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents Sec. 2. Findings; purposes; rule of construction Sec. 3. Clarification that Section 1115 authority does not permit a cap on Federal financial participation Sec. 4. Clarification that section 1115 authority does not permit elimination of, or modification limiting, individual entitlement Sec. 5. Clarification that section 1115 authority does not permit elimination or modification of requirements relating to EPSDT services Sec. 6. Clarification that section 1115 authority does not permit elimination or modification of requirements relating to certain safety-net services Sec. 7. Improvement of the process for the development and approval of medicaid and CHIP demonstration projects Sec. 8. Effective date",
"id": "HEEA40C9D789341A5AF6481FEEE2675DE",
"header": "Short title; table of contents",
"nested": [
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"text": "(a) Short title \nThis Act may be cited as the Medicaid and CHIP Safety Net Preservation Act of 2004.",
"id": "H69613D728D00465DA3B2583E044E1BA0",
"header": "Short title",
"nested": [],
"links": []
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"text": "(b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents Sec. 2. Findings; purposes; rule of construction Sec. 3. Clarification that Section 1115 authority does not permit a cap on Federal financial participation Sec. 4. Clarification that section 1115 authority does not permit elimination of, or modification limiting, individual entitlement Sec. 5. Clarification that section 1115 authority does not permit elimination or modification of requirements relating to EPSDT services Sec. 6. Clarification that section 1115 authority does not permit elimination or modification of requirements relating to certain safety-net services Sec. 7. Improvement of the process for the development and approval of medicaid and CHIP demonstration projects Sec. 8. Effective date",
"id": "HBEE6C511792746BCAA17A8B6EFE522B1",
"header": "Table of contents",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "2. Findings; purposes; rule of construction \n(a) Findings \nCongress makes the following findings: (1) Certain requirements of titles XIX and XXI of the Social Security Act ( 42 U.S.C. 1396 et seq. , 1397aa et seq.) are central to the overall objectives of the medicaid and State children’s health insurance programs and are not properly subject to waiver, modification, or disregard under the authority of section 1115 of the Social Security Act ( 42 U.S.C. 1315 ). (2) Some of the requirements of titles XIX and XXI of the Social Security Act that promote the overall objectives of the medicaid and State children’s health insurance programs have been waived, modified, or otherwise disregarded by the Secretary of Health and Human Services under such section 1115, despite the explicit requirement in that section that certain requirements of the medicaid and State children’s health insurance programs only may be waived, modified, or disregarded for the purpose of approving an experimental, pilot, or demonstration project if the waiver, modification, or disregard is likely to assist in promoting the objectives of those programs. (b) Purposes \nThe purposes of this Act are the following: (1) To clarify that certain requirements of titles XIX and XXI of the Social Security Act ( 42 U.S.C. 1396 et seq. , 1397aa et seq.), which are among those critical to achieving the objectives of the medicaid and State children’s health insurance programs, may not be waived, modified, or otherwise disregarded by the Secretary of Health and Human Services under the authority of section 1115 of the Social Security Act ( 42 U.S.C. 1315 ). (2) To ensure that the authority granted to the Secretary of Health and Human Services under section 1115 of the Social Security Act ( 42 U.S.C. 1315 ) with respect to the medicaid and State children’s health insurance programs for the purpose of approving experimental, pilot, or demonstration projects is not used inappropriately. (c) Rule of construction \nNothing in this Act or the amendments made by this Act shall be construed to— (1) authorize the waiver, modification, or other disregard of any provision of title XIX or XXI of the Social Security Act ( 42 U.S.C. 1396 et seq. , 1397aa et seq.); or (2) imply congressional approval of any demonstration project affecting the medicaid program under title XIX of the Social Security Act or the State children’s health insurance program under title XXI of such Act that has been approved by the Secretary of Health and Human Services as of the date of enactment of this Act.",
"id": "HA9A9A817CCAD43A08E00703BED6C19A7",
"header": "Findings; purposes; rule of construction",
"nested": [
{
"text": "(a) Findings \nCongress makes the following findings: (1) Certain requirements of titles XIX and XXI of the Social Security Act ( 42 U.S.C. 1396 et seq. , 1397aa et seq.) are central to the overall objectives of the medicaid and State children’s health insurance programs and are not properly subject to waiver, modification, or disregard under the authority of section 1115 of the Social Security Act ( 42 U.S.C. 1315 ). (2) Some of the requirements of titles XIX and XXI of the Social Security Act that promote the overall objectives of the medicaid and State children’s health insurance programs have been waived, modified, or otherwise disregarded by the Secretary of Health and Human Services under such section 1115, despite the explicit requirement in that section that certain requirements of the medicaid and State children’s health insurance programs only may be waived, modified, or disregarded for the purpose of approving an experimental, pilot, or demonstration project if the waiver, modification, or disregard is likely to assist in promoting the objectives of those programs.",
"id": "H4EB038933BF347E39DCA62B6A792CDC7",
"header": "Findings",
"nested": [],
"links": [
{
"text": "42 U.S.C. 1396 et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/42/1396"
},
{
"text": "42 U.S.C. 1315",
"legal-doc": "usc",
"parsable-cite": "usc/42/1315"
}
]
},
{
"text": "(b) Purposes \nThe purposes of this Act are the following: (1) To clarify that certain requirements of titles XIX and XXI of the Social Security Act ( 42 U.S.C. 1396 et seq. , 1397aa et seq.), which are among those critical to achieving the objectives of the medicaid and State children’s health insurance programs, may not be waived, modified, or otherwise disregarded by the Secretary of Health and Human Services under the authority of section 1115 of the Social Security Act ( 42 U.S.C. 1315 ). (2) To ensure that the authority granted to the Secretary of Health and Human Services under section 1115 of the Social Security Act ( 42 U.S.C. 1315 ) with respect to the medicaid and State children’s health insurance programs for the purpose of approving experimental, pilot, or demonstration projects is not used inappropriately.",
"id": "HF7B37A6153A84918B44B119224E23D2C",
"header": "Purposes",
"nested": [],
"links": [
{
"text": "42 U.S.C. 1396 et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/42/1396"
},
{
"text": "42 U.S.C. 1315",
"legal-doc": "usc",
"parsable-cite": "usc/42/1315"
},
{
"text": "42 U.S.C. 1315",
"legal-doc": "usc",
"parsable-cite": "usc/42/1315"
}
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},
{
"text": "(c) Rule of construction \nNothing in this Act or the amendments made by this Act shall be construed to— (1) authorize the waiver, modification, or other disregard of any provision of title XIX or XXI of the Social Security Act ( 42 U.S.C. 1396 et seq. , 1397aa et seq.); or (2) imply congressional approval of any demonstration project affecting the medicaid program under title XIX of the Social Security Act or the State children’s health insurance program under title XXI of such Act that has been approved by the Secretary of Health and Human Services as of the date of enactment of this Act.",
"id": "H58BCBBE6EE7D4172A45DE45448E75CFC",
"header": "Rule of construction",
"nested": [],
"links": [
{
"text": "42 U.S.C. 1396 et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/42/1396"
}
]
}
],
"links": [
{
"text": "42 U.S.C. 1396 et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/42/1396"
},
{
"text": "42 U.S.C. 1315",
"legal-doc": "usc",
"parsable-cite": "usc/42/1315"
},
{
"text": "42 U.S.C. 1396 et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/42/1396"
},
{
"text": "42 U.S.C. 1315",
"legal-doc": "usc",
"parsable-cite": "usc/42/1315"
},
{
"text": "42 U.S.C. 1315",
"legal-doc": "usc",
"parsable-cite": "usc/42/1315"
},
{
"text": "42 U.S.C. 1396 et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/42/1396"
}
]
},
{
"text": "3. Clarification that Section 1115 authority does not permit a cap on Federal financial participation \nTitle XIX of the Social Security Act is amended by inserting after section 1925 the following: 1926. Clarifications of authority under section 1115 \n(a) Clarification that section 1115 authority does not permit a cap on Federal financial participation \nThe Secretary may not impose or approve under the authority of section 1115 a cap, limitation, or other restriction on payment under section 1903(a) to a State for amounts expended as medical assistance in accordance with the requirements of this title..",
"id": "H4A7E970DF08D4DEC9CAE3E46C0F17535",
"header": "Clarification that Section 1115 authority does not permit a cap on Federal financial participation",
"nested": [],
"links": []
},
{
"text": "1926. Clarifications of authority under section 1115 \n(a) Clarification that section 1115 authority does not permit a cap on Federal financial participation \nThe Secretary may not impose or approve under the authority of section 1115 a cap, limitation, or other restriction on payment under section 1903(a) to a State for amounts expended as medical assistance in accordance with the requirements of this title.",
"id": "H9517074527D241ACB22BFCED9B3F00F9",
"header": "Clarifications of authority under section 1115",
"nested": [
{
"text": "(a) Clarification that section 1115 authority does not permit a cap on Federal financial participation \nThe Secretary may not impose or approve under the authority of section 1115 a cap, limitation, or other restriction on payment under section 1903(a) to a State for amounts expended as medical assistance in accordance with the requirements of this title.",
"id": "H04C78F6D1D1E4AD2B0C024CFAE9FC72",
"header": "Clarification that section 1115 authority does not permit a cap on Federal financial participation",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "4. Clarification that section 1115 authority does not permit elimination of, or modification limiting, individual entitlement \nSection 1926 of the Social Security Act , as added by section 3, is amended by adding at the end the following: (b) Clarification that section 1115 authority does not permit elimination of, or modification limiting, individual entitlement \nThe Secretary may not approve or impose under the authority of section 1115 an elimination of, or modification limiting, the entitlement (established under section 1902(a), 1905(a), or otherwise) of an individual to receive any medical assistance for which Federal financial participation is claimed under this title..",
"id": "H9A08B484E81D49A098004C0700DB3168",
"header": "Clarification that section 1115 authority does not permit elimination of, or modification limiting, individual entitlement",
"nested": [],
"links": []
},
{
"text": "5. Clarification that section 1115 authority does not permit elimination or modification of requirements relating to EPSDT services \nSection 1926 of the Social Security Act , as added by section 3 and amended by section 4, is amended by adding at the end the following: (c) Clarification that section 1115 authority does not permit elimination or modification of requirements relating to EPSDT services \nThe Secretary may not impose or approve under the authority of section 1115 an elimination or modification of the amount, duration, or scope of the services described in section 1905(a)(4)(B) (relating to early and periodic screening, diagnostic, and treatment services (as defined in section 1905(r))) or of the requirements of subparagraphs (A) through (C) of section 1902(a)(43)..",
"id": "H590C08AB226448A68E74006928CBF1B2",
"header": "Clarification that section 1115 authority does not permit elimination or modification of requirements relating to EPSDT services",
"nested": [],
"links": []
},
{
"text": "6. Clarification that section 1115 authority does not permit elimination or modification of requirements relating to certain safety-net services \nSection 1926 of the Social Security Act , as added by section 3 and amended by sections 4 and 5, is amended by adding at the end the following: (d) Clarification that section 1115 authority does not permit elimination or modification of requirements relating to certain safety-net services \nThe Secretary may not impose or approve under the authority of section 1115 an elimination or modification of the amount, duration, or scope of the services described in subparagraphs (B) and (C) of section 1905(a)(2) (relating to services provided by a rural health clinic (as defined in section 1905(l)(1)) and services provided by a Federally-qualified health center (as defined in section 1905(l)(2))) or of the requirements of section 1902(bb) (relating to payment for such services)..",
"id": "H3A170113B89748C7846D6D059405C4D4",
"header": "Clarification that section 1115 authority does not permit elimination or modification of requirements relating to certain safety-net services",
"nested": [],
"links": []
},
{
"text": "7. Improvement of the process for the development and approval of medicaid and CHIP demonstration projects \nSection 1115 of the Social Security Act ( 42 U.S.C. 1315 ) is amended by inserting after subsection (c) the following: (d) In the case of any experimental, pilot, or demonstration project under subsection (a) to assist in promoting the objectives of title XIX or XXI in a State that would result in a substantive change in eligibility, enrollment, benefits, financing, or cost-sharing (to the extent permitted under section 1916(f)) with respect to a State program under title XIX or XXI (in this subsection referred to as a demonstration project ) the following shall apply: (1) The Secretary may not approve a proposal for a demonstration project, or for an amendment of a demonstration project, submitted by a State on or after the date of enactment of this subsection, unless the State requesting approval certifies that the State provided reasonable public notice and a reasonable opportunity for receipt and consideration of public comment on the proposal prior to submission of the proposal to the Secretary. Such notice shall include— (A) the proposal; (B) the methodologies underlying the proposal; (C) the justifications for the proposal; (D) the State’s projections regarding the likely effect and impact of the proposal on individuals eligible for assistance and providers or suppliers of items or services under title XIX or XXI (including under any demonstration project conducted in conjunction with either of those titles); and (E) the State’s assumptions on which the projections described in subparagraph (D) are based. (2) With respect to any proposal for a demonstration project, or for an amendment or extension of a demonstration project, which has not been approved or disapproved by the Secretary as of the date of enactment of this subsection, the Secretary shall— (A) provide public notice in the Federal Register and on the Internet website of the Centers for Medicare Medicaid Services of the proposal, any revisions of the proposal, and any conditions for the financing or approval of the proposal; (B) provide adequate opportunity for public comment on the proposal, any revisions of the proposal, and any such conditions; (C) approve such proposal, any revisions of the proposal, and any such conditions only if, after consideration of the public comments received, the Secretary determines that the proposal, any revisions of the proposal, and any such conditions are likely to assist in promoting the objectives of title XIX or XXI and identifies in writing the basis for such determination; and (D) publish on such website all documentation relating to the proposal (including the written determination required under subparagraph (C)), any revisions of the proposal, and any such conditions, including if the proposal, any revisions of the proposal, and any such conditions are approved— (i) the final terms and conditions for the demonstration project; and (ii) a list identifying each provision of title XIX or XXI, and each regulation relating to either such title, with which compliance is waived, modified, or otherwise disregarded or for which costs that would otherwise not be permitted under such title will be allowed..",
"id": "HC3584F39B140483488B0D7B46B00629F",
"header": "Improvement of the process for the development and approval of medicaid and CHIP demonstration projects",
"nested": [],
"links": [
{
"text": "42 U.S.C. 1315",
"legal-doc": "usc",
"parsable-cite": "usc/42/1315"
}
]
},
{
"text": "8. Effective date \n(a) In general \nExcept as provided in subsection (b), the amendments made by sections 3 through 6 shall apply to the approval on or after the date of enactment of this Act of— (1) a waiver, experimental, pilot, or demonstration project under section 1115 of the Social Security Act ( 42 U.S.C. 1315 ); and (2) an amendment or extension of such a project. (b) Exception \nThe amendment made by section 5 shall not apply with respect to any extension of approval of a waiver, experimental, pilot, or demonstration project with respect to title XIX of the Social Security Act that was first approved before 1994 and that provides a comprehensive and preventive child health program under such project that includes screening, diagnosis, and treatment of children who have not attained age 21.",
"id": "H329EA54292A7486BBC9DFEEACA8C787",
"header": "Effective date",
"nested": [
{
"text": "(a) In general \nExcept as provided in subsection (b), the amendments made by sections 3 through 6 shall apply to the approval on or after the date of enactment of this Act of— (1) a waiver, experimental, pilot, or demonstration project under section 1115 of the Social Security Act ( 42 U.S.C. 1315 ); and (2) an amendment or extension of such a project.",
"id": "H1B065485E56D4B3F98E0BD5AD17C638",
"header": "In general",
"nested": [],
"links": [
{
"text": "42 U.S.C. 1315",
"legal-doc": "usc",
"parsable-cite": "usc/42/1315"
}
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},
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"text": "(b) Exception \nThe amendment made by section 5 shall not apply with respect to any extension of approval of a waiver, experimental, pilot, or demonstration project with respect to title XIX of the Social Security Act that was first approved before 1994 and that provides a comprehensive and preventive child health program under such project that includes screening, diagnosis, and treatment of children who have not attained age 21.",
"id": "HDAC4388D67AD4E6C9FF88386E04788B6",
"header": "Exception",
"nested": [],
"links": []
}
],
"links": [
{
"text": "42 U.S.C. 1315",
"legal-doc": "usc",
"parsable-cite": "usc/42/1315"
}
]
}
] | 9 | 1. Short title; table of contents
(a) Short title
This Act may be cited as the Medicaid and CHIP Safety Net Preservation Act of 2004. (b) Table of contents
The table of contents for this Act is as follows: Sec. 1. Short title; table of contents Sec. 2. Findings; purposes; rule of construction Sec. 3. Clarification that Section 1115 authority does not permit a cap on Federal financial participation Sec. 4. Clarification that section 1115 authority does not permit elimination of, or modification limiting, individual entitlement Sec. 5. Clarification that section 1115 authority does not permit elimination or modification of requirements relating to EPSDT services Sec. 6. Clarification that section 1115 authority does not permit elimination or modification of requirements relating to certain safety-net services Sec. 7. Improvement of the process for the development and approval of medicaid and CHIP demonstration projects Sec. 8. Effective date 2. Findings; purposes; rule of construction
(a) Findings
Congress makes the following findings: (1) Certain requirements of titles XIX and XXI of the Social Security Act ( 42 U.S.C. 1396 et seq. , 1397aa et seq.) are central to the overall objectives of the medicaid and State children’s health insurance programs and are not properly subject to waiver, modification, or disregard under the authority of section 1115 of the Social Security Act ( 42 U.S.C. 1315 ). (2) Some of the requirements of titles XIX and XXI of the Social Security Act that promote the overall objectives of the medicaid and State children’s health insurance programs have been waived, modified, or otherwise disregarded by the Secretary of Health and Human Services under such section 1115, despite the explicit requirement in that section that certain requirements of the medicaid and State children’s health insurance programs only may be waived, modified, or disregarded for the purpose of approving an experimental, pilot, or demonstration project if the waiver, modification, or disregard is likely to assist in promoting the objectives of those programs. (b) Purposes
The purposes of this Act are the following: (1) To clarify that certain requirements of titles XIX and XXI of the Social Security Act ( 42 U.S.C. 1396 et seq. , 1397aa et seq.), which are among those critical to achieving the objectives of the medicaid and State children’s health insurance programs, may not be waived, modified, or otherwise disregarded by the Secretary of Health and Human Services under the authority of section 1115 of the Social Security Act ( 42 U.S.C. 1315 ). (2) To ensure that the authority granted to the Secretary of Health and Human Services under section 1115 of the Social Security Act ( 42 U.S.C. 1315 ) with respect to the medicaid and State children’s health insurance programs for the purpose of approving experimental, pilot, or demonstration projects is not used inappropriately. (c) Rule of construction
Nothing in this Act or the amendments made by this Act shall be construed to— (1) authorize the waiver, modification, or other disregard of any provision of title XIX or XXI of the Social Security Act ( 42 U.S.C. 1396 et seq. , 1397aa et seq.); or (2) imply congressional approval of any demonstration project affecting the medicaid program under title XIX of the Social Security Act or the State children’s health insurance program under title XXI of such Act that has been approved by the Secretary of Health and Human Services as of the date of enactment of this Act. 3. Clarification that Section 1115 authority does not permit a cap on Federal financial participation
Title XIX of the Social Security Act is amended by inserting after section 1925 the following: 1926. Clarifications of authority under section 1115
(a) Clarification that section 1115 authority does not permit a cap on Federal financial participation
The Secretary may not impose or approve under the authority of section 1115 a cap, limitation, or other restriction on payment under section 1903(a) to a State for amounts expended as medical assistance in accordance with the requirements of this title.. 1926. Clarifications of authority under section 1115
(a) Clarification that section 1115 authority does not permit a cap on Federal financial participation
The Secretary may not impose or approve under the authority of section 1115 a cap, limitation, or other restriction on payment under section 1903(a) to a State for amounts expended as medical assistance in accordance with the requirements of this title. 4. Clarification that section 1115 authority does not permit elimination of, or modification limiting, individual entitlement
Section 1926 of the Social Security Act , as added by section 3, is amended by adding at the end the following: (b) Clarification that section 1115 authority does not permit elimination of, or modification limiting, individual entitlement
The Secretary may not approve or impose under the authority of section 1115 an elimination of, or modification limiting, the entitlement (established under section 1902(a), 1905(a), or otherwise) of an individual to receive any medical assistance for which Federal financial participation is claimed under this title.. 5. Clarification that section 1115 authority does not permit elimination or modification of requirements relating to EPSDT services
Section 1926 of the Social Security Act , as added by section 3 and amended by section 4, is amended by adding at the end the following: (c) Clarification that section 1115 authority does not permit elimination or modification of requirements relating to EPSDT services
The Secretary may not impose or approve under the authority of section 1115 an elimination or modification of the amount, duration, or scope of the services described in section 1905(a)(4)(B) (relating to early and periodic screening, diagnostic, and treatment services (as defined in section 1905(r))) or of the requirements of subparagraphs (A) through (C) of section 1902(a)(43).. 6. Clarification that section 1115 authority does not permit elimination or modification of requirements relating to certain safety-net services
Section 1926 of the Social Security Act , as added by section 3 and amended by sections 4 and 5, is amended by adding at the end the following: (d) Clarification that section 1115 authority does not permit elimination or modification of requirements relating to certain safety-net services
The Secretary may not impose or approve under the authority of section 1115 an elimination or modification of the amount, duration, or scope of the services described in subparagraphs (B) and (C) of section 1905(a)(2) (relating to services provided by a rural health clinic (as defined in section 1905(l)(1)) and services provided by a Federally-qualified health center (as defined in section 1905(l)(2))) or of the requirements of section 1902(bb) (relating to payment for such services).. 7. Improvement of the process for the development and approval of medicaid and CHIP demonstration projects
Section 1115 of the Social Security Act ( 42 U.S.C. 1315 ) is amended by inserting after subsection (c) the following: (d) In the case of any experimental, pilot, or demonstration project under subsection (a) to assist in promoting the objectives of title XIX or XXI in a State that would result in a substantive change in eligibility, enrollment, benefits, financing, or cost-sharing (to the extent permitted under section 1916(f)) with respect to a State program under title XIX or XXI (in this subsection referred to as a demonstration project ) the following shall apply: (1) The Secretary may not approve a proposal for a demonstration project, or for an amendment of a demonstration project, submitted by a State on or after the date of enactment of this subsection, unless the State requesting approval certifies that the State provided reasonable public notice and a reasonable opportunity for receipt and consideration of public comment on the proposal prior to submission of the proposal to the Secretary. Such notice shall include— (A) the proposal; (B) the methodologies underlying the proposal; (C) the justifications for the proposal; (D) the State’s projections regarding the likely effect and impact of the proposal on individuals eligible for assistance and providers or suppliers of items or services under title XIX or XXI (including under any demonstration project conducted in conjunction with either of those titles); and (E) the State’s assumptions on which the projections described in subparagraph (D) are based. (2) With respect to any proposal for a demonstration project, or for an amendment or extension of a demonstration project, which has not been approved or disapproved by the Secretary as of the date of enactment of this subsection, the Secretary shall— (A) provide public notice in the Federal Register and on the Internet website of the Centers for Medicare Medicaid Services of the proposal, any revisions of the proposal, and any conditions for the financing or approval of the proposal; (B) provide adequate opportunity for public comment on the proposal, any revisions of the proposal, and any such conditions; (C) approve such proposal, any revisions of the proposal, and any such conditions only if, after consideration of the public comments received, the Secretary determines that the proposal, any revisions of the proposal, and any such conditions are likely to assist in promoting the objectives of title XIX or XXI and identifies in writing the basis for such determination; and (D) publish on such website all documentation relating to the proposal (including the written determination required under subparagraph (C)), any revisions of the proposal, and any such conditions, including if the proposal, any revisions of the proposal, and any such conditions are approved— (i) the final terms and conditions for the demonstration project; and (ii) a list identifying each provision of title XIX or XXI, and each regulation relating to either such title, with which compliance is waived, modified, or otherwise disregarded or for which costs that would otherwise not be permitted under such title will be allowed.. 8. Effective date
(a) In general
Except as provided in subsection (b), the amendments made by sections 3 through 6 shall apply to the approval on or after the date of enactment of this Act of— (1) a waiver, experimental, pilot, or demonstration project under section 1115 of the Social Security Act ( 42 U.S.C. 1315 ); and (2) an amendment or extension of such a project. (b) Exception
The amendment made by section 5 shall not apply with respect to any extension of approval of a waiver, experimental, pilot, or demonstration project with respect to title XIX of the Social Security Act that was first approved before 1994 and that provides a comprehensive and preventive child health program under such project that includes screening, diagnosis, and treatment of children who have not attained age 21. | 11,026 | [
"Energy and Commerce Committee"
] |
108hr4566ih | 108 | hr | 4,566 | ih | For the relief of Konstantinos Ritos. | [
{
"text": "1. Permanent resident status for Konstantinos Ritos \n(a) In general \nNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act , Konstantinos Ritos shall 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 Konstantinos Ritos enters the United States before the filing deadline specified in subsection (c), he 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 Konstantinos Ritos, the Secretary of State shall instruct the proper officer to reduce by 1, 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 alien’s 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 alien’s birth under section 202(e) of such Act. (e) Denial of preferential immigration treatment for certain relatives \nThe natural parents, brothers, and sisters of Konstantinos Ritos shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.",
"id": "HA42CD63B116A4EB8A491B5A36938644B",
"header": "Permanent resident status for Konstantinos Ritos",
"nested": [
{
"text": "(a) In general \nNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act , Konstantinos Ritos shall 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": "H97EB39A08CC244ADA62400B0D213D73E",
"header": "In general",
"nested": [],
"links": []
},
{
"text": "(b) Adjustment of status \nIf Konstantinos Ritos enters the United States before the filing deadline specified in subsection (c), he 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": "HC505F30C2EF348210052054C936D25B5",
"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": "H96C340EF20B443BC98E1A182EA12ED72",
"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 Konstantinos Ritos, the Secretary of State shall instruct the proper officer to reduce by 1, 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 alien’s 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 alien’s birth under section 202(e) of such Act.",
"id": "H6DA0526ECBD743499E2B27A97DB8A1E8",
"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 Konstantinos Ritos shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.",
"id": "H6FD66B8004E749D8A13600D7C5CDA980",
"header": "Denial of preferential immigration treatment for certain relatives",
"nested": [],
"links": []
}
],
"links": []
}
] | 1 | 1. Permanent resident status for Konstantinos Ritos
(a) In general
Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act , Konstantinos Ritos shall 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
If Konstantinos Ritos enters the United States before the filing deadline specified in subsection (c), he 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
Subsections (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
Upon the granting of an immigrant visa or permanent residence to Konstantinos Ritos, the Secretary of State shall instruct the proper officer to reduce by 1, 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 alien’s 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 alien’s birth under section 202(e) of such Act. (e) Denial of preferential immigration treatment for certain relatives
The natural parents, brothers, and sisters of Konstantinos Ritos shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act. | 1,958 | [
"Judiciary Committee"
] |
108hr5180ih | 108 | hr | 5,180 | ih | To extend the authority of the Livestock Mandatory Reporting Act of 1999 through October 22, 2005. | [
{
"text": "1. Extension of the Livestock Mandatory Reporting Act of 1999 through October 22, 2005 \nSection 942 of the Livestock Mandatory Reporting Act of 1999 ( 7 U.S.C. 1635 note) is amended by striking 5 years and inserting 6 years.",
"id": "H26FCED770B4841AE85FEFB419000F6D7",
"header": "Extension of the Livestock Mandatory Reporting Act of 1999 through October 22, 2005",
"nested": [],
"links": [
{
"text": "7 U.S.C. 1635",
"legal-doc": "usc",
"parsable-cite": "usc/7/1635"
}
]
}
] | 1 | 1. Extension of the Livestock Mandatory Reporting Act of 1999 through October 22, 2005
Section 942 of the Livestock Mandatory Reporting Act of 1999 ( 7 U.S.C. 1635 note) is amended by striking 5 years and inserting 6 years. | 224 | [
"Agriculture Committee"
] |
108hr5185ih | 108 | hr | 5,185 | ih | To temporarily extend the programs under the Higher Education Act of 1965. | [
{
"text": "1. Short title \nThis Act may be cited as the Higher Education Extension Act of 2004.",
"id": "H22694EEEF80748AE93FF33553D4B6CB8",
"header": "Short title",
"nested": [],
"links": []
},
{
"text": "2. Extension of programs \n(a) Extension of duration to include fiscal year 2005 \nThe authorization of appropriations for, and the duration of, each program authorized under the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ) shall be extended through fiscal year 2005. (b) Performance of required and authorized functions \nIf the Secretary of Education, a State, an institution of higher education, a guaranty agency, a lender, or another person or entity— (1) is required, in or for fiscal year 2004, to carry out certain acts or make certain determinations or payments under a program under the Higher Education Act of 1965, such acts, determinations, or payments shall be required to be carried out, made, or continued during the period of the extension under this section; or (2) is permitted or authorized, in or for fiscal year 2004, to carry out certain acts or make certain determinations or payments under a program under the Higher Education Act of 1965, such acts, determinations, or payments are permitted or authorized to be carried out, made, or continued during the period of the extension under this section. (c) Extension at current levels \nThe amount authorized to be appropriated for a program described in subsection (a) during the period of extension under this section shall be the amount authorized to be appropriated for such program for fiscal year 2004, or the amount appropriated for such program for such fiscal year, whichever is greater. The amount of any payment required or authorized under subsection (b) in or for fiscal year 2005 shall be determined in the same manner as the amount of the corresponding payment required or authorized in or for fiscal year 2004. (d) Advisory committees and other entities continued \nAny advisory committee, interagency organization, or other entity that was, during fiscal year 2004, authorized or required to perform any function under the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ), or in relation to programs under that Act, shall continue to exist and is authorized or required, respectively, to perform such function during fiscal year 2005. (e) Additional extension not permitted \nSection 422 of the General Education Provisions Act ( 20 U.S.C. 1226a ) shall not apply to further extend the authorization of appropriations for any program described in subsection (a) on the basis of the extension of such program under this section. (f) Exception \nThe programs described in subsection (a) for which the authorization of appropriations, or the duration of which, is extended by this section include provisions applicable to institutions in, and students in or from, the Freely Associated States, except that those provisions shall be applicable with respect to institutions in, and students in or from, the Federated States of Micronesia and the Republic of the Marshall Islands only to the extent specified in Public Law 108–188.",
"id": "H7A31C653E3774CC582526648F43B575F",
"header": "Extension of programs",
"nested": [
{
"text": "(a) Extension of duration to include fiscal year 2005 \nThe authorization of appropriations for, and the duration of, each program authorized under the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ) shall be extended through fiscal year 2005.",
"id": "HD8CC3E9C634543FD8C15666EFB53F2B5",
"header": "Extension of duration to include fiscal year 2005",
"nested": [],
"links": [
{
"text": "20 U.S.C. 1001 et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/20/1001"
}
]
},
{
"text": "(b) Performance of required and authorized functions \nIf the Secretary of Education, a State, an institution of higher education, a guaranty agency, a lender, or another person or entity— (1) is required, in or for fiscal year 2004, to carry out certain acts or make certain determinations or payments under a program under the Higher Education Act of 1965, such acts, determinations, or payments shall be required to be carried out, made, or continued during the period of the extension under this section; or (2) is permitted or authorized, in or for fiscal year 2004, to carry out certain acts or make certain determinations or payments under a program under the Higher Education Act of 1965, such acts, determinations, or payments are permitted or authorized to be carried out, made, or continued during the period of the extension under this section.",
"id": "HD38BC883151B4D829E1B0066D77C4C79",
"header": "Performance of required and authorized functions",
"nested": [],
"links": []
},
{
"text": "(c) Extension at current levels \nThe amount authorized to be appropriated for a program described in subsection (a) during the period of extension under this section shall be the amount authorized to be appropriated for such program for fiscal year 2004, or the amount appropriated for such program for such fiscal year, whichever is greater. The amount of any payment required or authorized under subsection (b) in or for fiscal year 2005 shall be determined in the same manner as the amount of the corresponding payment required or authorized in or for fiscal year 2004.",
"id": "H7A4B937B417A4B84853E33B7F9DB6835",
"header": "Extension at current levels",
"nested": [],
"links": []
},
{
"text": "(d) Advisory committees and other entities continued \nAny advisory committee, interagency organization, or other entity that was, during fiscal year 2004, authorized or required to perform any function under the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ), or in relation to programs under that Act, shall continue to exist and is authorized or required, respectively, to perform such function during fiscal year 2005.",
"id": "HCE24B24B61CB48AB8B0010317D3018CC",
"header": "Advisory committees and other entities continued",
"nested": [],
"links": [
{
"text": "20 U.S.C. 1001 et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/20/1001"
}
]
},
{
"text": "(e) Additional extension not permitted \nSection 422 of the General Education Provisions Act ( 20 U.S.C. 1226a ) shall not apply to further extend the authorization of appropriations for any program described in subsection (a) on the basis of the extension of such program under this section.",
"id": "H574E54FE567344A0BE129445607DB462",
"header": "Additional extension not permitted",
"nested": [],
"links": [
{
"text": "20 U.S.C. 1226a",
"legal-doc": "usc",
"parsable-cite": "usc/20/1226a"
}
]
},
{
"text": "(f) Exception \nThe programs described in subsection (a) for which the authorization of appropriations, or the duration of which, is extended by this section include provisions applicable to institutions in, and students in or from, the Freely Associated States, except that those provisions shall be applicable with respect to institutions in, and students in or from, the Federated States of Micronesia and the Republic of the Marshall Islands only to the extent specified in Public Law 108–188.",
"id": "HDEF182DD278C4A77B11F039CC078BAD9",
"header": "Exception",
"nested": [],
"links": [
{
"text": "Public Law 108–188",
"legal-doc": "public-law",
"parsable-cite": "pl/108/188"
}
]
}
],
"links": [
{
"text": "20 U.S.C. 1001 et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/20/1001"
},
{
"text": "20 U.S.C. 1001 et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/20/1001"
},
{
"text": "20 U.S.C. 1226a",
"legal-doc": "usc",
"parsable-cite": "usc/20/1226a"
},
{
"text": "Public Law 108–188",
"legal-doc": "public-law",
"parsable-cite": "pl/108/188"
}
]
}
] | 2 | 1. Short title
This Act may be cited as the Higher Education Extension Act of 2004. 2. Extension of programs
(a) Extension of duration to include fiscal year 2005
The authorization of appropriations for, and the duration of, each program authorized under the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ) shall be extended through fiscal year 2005. (b) Performance of required and authorized functions
If the Secretary of Education, a State, an institution of higher education, a guaranty agency, a lender, or another person or entity— (1) is required, in or for fiscal year 2004, to carry out certain acts or make certain determinations or payments under a program under the Higher Education Act of 1965, such acts, determinations, or payments shall be required to be carried out, made, or continued during the period of the extension under this section; or (2) is permitted or authorized, in or for fiscal year 2004, to carry out certain acts or make certain determinations or payments under a program under the Higher Education Act of 1965, such acts, determinations, or payments are permitted or authorized to be carried out, made, or continued during the period of the extension under this section. (c) Extension at current levels
The amount authorized to be appropriated for a program described in subsection (a) during the period of extension under this section shall be the amount authorized to be appropriated for such program for fiscal year 2004, or the amount appropriated for such program for such fiscal year, whichever is greater. The amount of any payment required or authorized under subsection (b) in or for fiscal year 2005 shall be determined in the same manner as the amount of the corresponding payment required or authorized in or for fiscal year 2004. (d) Advisory committees and other entities continued
Any advisory committee, interagency organization, or other entity that was, during fiscal year 2004, authorized or required to perform any function under the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ), or in relation to programs under that Act, shall continue to exist and is authorized or required, respectively, to perform such function during fiscal year 2005. (e) Additional extension not permitted
Section 422 of the General Education Provisions Act ( 20 U.S.C. 1226a ) shall not apply to further extend the authorization of appropriations for any program described in subsection (a) on the basis of the extension of such program under this section. (f) Exception
The programs described in subsection (a) for which the authorization of appropriations, or the duration of which, is extended by this section include provisions applicable to institutions in, and students in or from, the Freely Associated States, except that those provisions shall be applicable with respect to institutions in, and students in or from, the Federated States of Micronesia and the Republic of the Marshall Islands only to the extent specified in Public Law 108–188. | 3,010 | [
"Education and the Workforce Committee"
] |
108hr5242ih | 108 | hr | 5,242 | ih | To amend title 18, United States Code, to prohibit certain interstate conduct relating to captive mammals. | [
{
"text": "1. Short title \nThis Act may be cited as the Captive Mammal Protection Act of 2004.",
"id": "H34F74BAEE1BD41DE99C9B2F18FB0D659",
"header": "Short title",
"nested": [],
"links": []
},
{
"text": "2. Transport or possession of captive mammals for purposes of killing or injuring them \n(a) In general \nChapter 3 of title 18, United States Code, is amended by adding at the end the following: 49. Captive mammals \n(a) Prohibition \nWhoever, in or affecting interstate or foreign commerce, knowingly transfers, transports, or possesses a captive mammal, for the purposes of allowing the killing or injuring of that mammal for entertainment or for the collection of a trophy, shall be fined under this title, imprisoned not more than 1 year, or both. (b) Definitions \nIn this section— (1) the term captive mammal means a mammal that has been held in captivity, whether or not the defendant knows the length of the captivity, for the shorter of— (A) the majority of the animal’s life; or (B) a period of 1 year; and (2) the term captivity does not include any period during which an animal lives as it would in the wild— (A) surviving primarily by foraging for naturally occurring food; (B) roaming at will over an open area of not less than 1,000 acres; and (C) having the opportunity to avoid hunters.. (b) Conforming amendment \nThe table of sections at the beginning of chapter 3 of title 18, United States Code, is amended by adding at the end the following new item: 49 Captive mammals.",
"id": "H08DEF29F317D41BFBA38464391052C66",
"header": "Transport or possession of captive mammals for purposes of killing or injuring them",
"nested": [
{
"text": "(a) In general \nChapter 3 of title 18, United States Code, is amended by adding at the end the following: 49. Captive mammals \n(a) Prohibition \nWhoever, in or affecting interstate or foreign commerce, knowingly transfers, transports, or possesses a captive mammal, for the purposes of allowing the killing or injuring of that mammal for entertainment or for the collection of a trophy, shall be fined under this title, imprisoned not more than 1 year, or both. (b) Definitions \nIn this section— (1) the term captive mammal means a mammal that has been held in captivity, whether or not the defendant knows the length of the captivity, for the shorter of— (A) the majority of the animal’s life; or (B) a period of 1 year; and (2) the term captivity does not include any period during which an animal lives as it would in the wild— (A) surviving primarily by foraging for naturally occurring food; (B) roaming at will over an open area of not less than 1,000 acres; and (C) having the opportunity to avoid hunters..",
"id": "HBAC815EDC9C34D48A526928167CCAB54",
"header": "In general",
"nested": [],
"links": [
{
"text": "Chapter 3",
"legal-doc": "usc-chapter",
"parsable-cite": "usc-chapter/18/3"
}
]
},
{
"text": "(b) Conforming amendment \nThe table of sections at the beginning of chapter 3 of title 18, United States Code, is amended by adding at the end the following new item: 49 Captive mammals.",
"id": "HABD6842E39E04CF2BCCDAC2B37988C69",
"header": "Conforming amendment",
"nested": [],
"links": [
{
"text": "chapter 3",
"legal-doc": "usc-chapter",
"parsable-cite": "usc-chapter/18/3"
}
]
}
],
"links": [
{
"text": "Chapter 3",
"legal-doc": "usc-chapter",
"parsable-cite": "usc-chapter/18/3"
},
{
"text": "chapter 3",
"legal-doc": "usc-chapter",
"parsable-cite": "usc-chapter/18/3"
}
]
},
{
"text": "49. Captive mammals \n(a) Prohibition \nWhoever, in or affecting interstate or foreign commerce, knowingly transfers, transports, or possesses a captive mammal, for the purposes of allowing the killing or injuring of that mammal for entertainment or for the collection of a trophy, shall be fined under this title, imprisoned not more than 1 year, or both. (b) Definitions \nIn this section— (1) the term captive mammal means a mammal that has been held in captivity, whether or not the defendant knows the length of the captivity, for the shorter of— (A) the majority of the animal’s life; or (B) a period of 1 year; and (2) the term captivity does not include any period during which an animal lives as it would in the wild— (A) surviving primarily by foraging for naturally occurring food; (B) roaming at will over an open area of not less than 1,000 acres; and (C) having the opportunity to avoid hunters.",
"id": "H15B07F027D0D4324ADAC1DF1992D6372",
"header": "Captive mammals",
"nested": [
{
"text": "(a) Prohibition \nWhoever, in or affecting interstate or foreign commerce, knowingly transfers, transports, or possesses a captive mammal, for the purposes of allowing the killing or injuring of that mammal for entertainment or for the collection of a trophy, shall be fined under this title, imprisoned not more than 1 year, or both.",
"id": "H282D38A9197B42A183137F481549775B",
"header": "Prohibition",
"nested": [],
"links": []
},
{
"text": "(b) Definitions \nIn this section— (1) the term captive mammal means a mammal that has been held in captivity, whether or not the defendant knows the length of the captivity, for the shorter of— (A) the majority of the animal’s life; or (B) a period of 1 year; and (2) the term captivity does not include any period during which an animal lives as it would in the wild— (A) surviving primarily by foraging for naturally occurring food; (B) roaming at will over an open area of not less than 1,000 acres; and (C) having the opportunity to avoid hunters.",
"id": "H90B2B8AB99BB4634BAA63F41DD87EE5C",
"header": "Definitions",
"nested": [],
"links": []
}
],
"links": []
}
] | 3 | 1. Short title
This Act may be cited as the Captive Mammal Protection Act of 2004. 2. Transport or possession of captive mammals for purposes of killing or injuring them
(a) In general
Chapter 3 of title 18, United States Code, is amended by adding at the end the following: 49. Captive mammals
(a) Prohibition
Whoever, in or affecting interstate or foreign commerce, knowingly transfers, transports, or possesses a captive mammal, for the purposes of allowing the killing or injuring of that mammal for entertainment or for the collection of a trophy, shall be fined under this title, imprisoned not more than 1 year, or both. (b) Definitions
In this section— (1) the term captive mammal means a mammal that has been held in captivity, whether or not the defendant knows the length of the captivity, for the shorter of— (A) the majority of the animal’s life; or (B) a period of 1 year; and (2) the term captivity does not include any period during which an animal lives as it would in the wild— (A) surviving primarily by foraging for naturally occurring food; (B) roaming at will over an open area of not less than 1,000 acres; and (C) having the opportunity to avoid hunters.. (b) Conforming amendment
The table of sections at the beginning of chapter 3 of title 18, United States Code, is amended by adding at the end the following new item: 49 Captive mammals. 49. Captive mammals
(a) Prohibition
Whoever, in or affecting interstate or foreign commerce, knowingly transfers, transports, or possesses a captive mammal, for the purposes of allowing the killing or injuring of that mammal for entertainment or for the collection of a trophy, shall be fined under this title, imprisoned not more than 1 year, or both. (b) Definitions
In this section— (1) the term captive mammal means a mammal that has been held in captivity, whether or not the defendant knows the length of the captivity, for the shorter of— (A) the majority of the animal’s life; or (B) a period of 1 year; and (2) the term captivity does not include any period during which an animal lives as it would in the wild— (A) surviving primarily by foraging for naturally occurring food; (B) roaming at will over an open area of not less than 1,000 acres; and (C) having the opportunity to avoid hunters. | 2,279 | [
"Judiciary Committee"
] |
108hr3970ih | 108 | hr | 3,970 | ih | To provide for the implementation of a Green Chemistry Research and Development Program, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the.",
"id": "H87BBD1B364CE46EF93CD783DD2DD46",
"header": "Short title",
"nested": [],
"links": []
},
{
"text": "2. Definitions \nIn this Act— (1) the term green chemistry means chemistry and chemical engineering to design chemical products and processes that reduce or eliminate the use or generation of hazardous substances; (2) the term Interagency Working Group means the interagency working group established under section 3(c); and (3) the term Program means the Green Chemistry Research and Development Program described in section 3.",
"id": "H36EEA243EFCF46BEB7134F13CEC7205",
"header": "Definitions",
"nested": [],
"links": []
},
{
"text": "3. Green chemistry research and development program \n(a) In general \nThe President shall establish a Green Chemistry Research and Development Program to promote and coordinate Federal green chemistry research, development, demonstration, education, and technology transfer activities. (b) Program activities \nThe activities of the Program shall be designed to— (1) provide sustained support for green chemistry research, development, demonstration, education, and technology transfer through— (A) merit-reviewed competitive grants to individual investigators and teams of investigators, including, to the extent practicable, young investigators, for research and development; (B) merit-reviewed competitive grants to fund collaborative university-industry research and development partnerships; (C) green chemistry research, development, demonstration, and technology transfer conducted at Federal laboratories; and (D) to the extent practicable, encouragement of consideration of green chemistry in— (i) the conduct of Federal chemical science and engineering research and development; and (ii) the solicitation and evaluation of all proposals for chemical science and engineering research and development; (2) examine methods by which the Federal Government can create incentives for consideration and use of green chemistry processes and products; (3) facilitate the adoption of green chemistry innovations; (4) expand education and training of undergraduate and graduate students in green chemistry science and engineering; (5) collect and disseminate information on green chemistry research, development, and technology transfer, including information on— (A) incentives and impediments to development and commercialization; (B) accomplishments; (C) best practices; and (D) costs and benefits; and (6) provide venues for outreach and dissemination of green chemistry advances such as symposia, forums, conferences, and written materials in collaboration with, as appropriate, industry, academia, scientific and professional societies, and other relevant groups. (c) Interagency working group \nThe President shall establish an Interagency Working Group, which shall include representatives from the National Science Foundation, the National Institute of Standards and Technology, the Department of Energy, the Environmental Protection Agency, and any other agency that the President may designate. The Director of the National Science Foundation and the Assistant Administrator for Research and Development of the Environmental Protection Agency shall serve as co-chairs of the Interagency Working Group. The Interagency Working Group shall oversee the planning, management, and coordination of the Program. The Interagency Working Group shall— (1) establish goals and priorities for the Program, to the extent practicable in consultation with green chemistry researchers and potential end-users of green chemistry products and processes; and (2) provide for interagency coordination, including budget coordination, of activities under the Program. (d) Report to Congress \nNot later than 2 years after the date of enactment of this Act, the Interagency Working Group shall transmit a report to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. This report shall include— (1) a summary of federally funded green chemistry research, development, demonstration, education, and technology transfer activities, including the green chemistry budget for each of these activities; and (2) an analysis of the progress made toward achieving the goals and priorities for the Program, and recommendations for future program activities.",
"id": "HF23FA3F183A34F5B88B78F367EA990F7",
"header": "Green chemistry research and development program",
"nested": [
{
"text": "(a) In general \nThe President shall establish a Green Chemistry Research and Development Program to promote and coordinate Federal green chemistry research, development, demonstration, education, and technology transfer activities.",
"id": "HF5CE4CCE24C44BD78670ACBAB1A20039",
"header": "In general",
"nested": [],
"links": []
},
{
"text": "(b) Program activities \nThe activities of the Program shall be designed to— (1) provide sustained support for green chemistry research, development, demonstration, education, and technology transfer through— (A) merit-reviewed competitive grants to individual investigators and teams of investigators, including, to the extent practicable, young investigators, for research and development; (B) merit-reviewed competitive grants to fund collaborative university-industry research and development partnerships; (C) green chemistry research, development, demonstration, and technology transfer conducted at Federal laboratories; and (D) to the extent practicable, encouragement of consideration of green chemistry in— (i) the conduct of Federal chemical science and engineering research and development; and (ii) the solicitation and evaluation of all proposals for chemical science and engineering research and development; (2) examine methods by which the Federal Government can create incentives for consideration and use of green chemistry processes and products; (3) facilitate the adoption of green chemistry innovations; (4) expand education and training of undergraduate and graduate students in green chemistry science and engineering; (5) collect and disseminate information on green chemistry research, development, and technology transfer, including information on— (A) incentives and impediments to development and commercialization; (B) accomplishments; (C) best practices; and (D) costs and benefits; and (6) provide venues for outreach and dissemination of green chemistry advances such as symposia, forums, conferences, and written materials in collaboration with, as appropriate, industry, academia, scientific and professional societies, and other relevant groups.",
"id": "H420F3EBFDA7B4751BDF400015E8F973C",
"header": "Program activities",
"nested": [],
"links": []
},
{
"text": "(c) Interagency working group \nThe President shall establish an Interagency Working Group, which shall include representatives from the National Science Foundation, the National Institute of Standards and Technology, the Department of Energy, the Environmental Protection Agency, and any other agency that the President may designate. The Director of the National Science Foundation and the Assistant Administrator for Research and Development of the Environmental Protection Agency shall serve as co-chairs of the Interagency Working Group. The Interagency Working Group shall oversee the planning, management, and coordination of the Program. The Interagency Working Group shall— (1) establish goals and priorities for the Program, to the extent practicable in consultation with green chemistry researchers and potential end-users of green chemistry products and processes; and (2) provide for interagency coordination, including budget coordination, of activities under the Program.",
"id": "HB66B3DE1F0CF499DB994208EE6E60016",
"header": "Interagency working group",
"nested": [],
"links": []
},
{
"text": "(d) Report to Congress \nNot later than 2 years after the date of enactment of this Act, the Interagency Working Group shall transmit a report to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. This report shall include— (1) a summary of federally funded green chemistry research, development, demonstration, education, and technology transfer activities, including the green chemistry budget for each of these activities; and (2) an analysis of the progress made toward achieving the goals and priorities for the Program, and recommendations for future program activities.",
"id": "HF2E79EAC00CC45888F340015AD264C00",
"header": "Report to Congress",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "4. Authorization of appropriations \n(a) National Science Foundation \nFrom sums otherwise authorized to be appropriated, there are authorized to be appropriated to the National Science Foundation for carrying out this Act— (1) $7,000,000 for fiscal year 2005; (2) $7,500,000 for fiscal year 2006; and (2) $8,000,000 for fiscal year 2007. (b) National institute of standards and technology \nFrom sums otherwise authorized to be appropriated, there are authorized to be appropriated to the National Institute of Standards and Technology for carrying out this Act— (1) $5,000,000 for fiscal year 2005; (2) $5,500,000 for fiscal year 2006; and (3) $6,000,000 for fiscal year 2007. (c) Department of energy \nFrom sums otherwise authorized to be appropriated, there are authorized to be appropriated to the Department of Energy for carrying out this Act— (1) $7,000,000 for fiscal year 2005; (2) $7,500,000 for fiscal year 2006; and (3) $8,000,000 for fiscal year 2007. (d) Environmental protection agency \nFrom sums otherwise authorized to be appropriated, there are authorized to be appropriated to the Environmental Protection Agency for carrying out this Act— (1) $7,000,000 for fiscal year 2005; (2) $7,500,000 for fiscal year 2006; and (3) $8,000,000 for fiscal year 2007.",
"id": "H4A57E97353664F18BCC8623D11E66EBA",
"header": "Authorization of appropriations",
"nested": [
{
"text": "(a) National Science Foundation \nFrom sums otherwise authorized to be appropriated, there are authorized to be appropriated to the National Science Foundation for carrying out this Act— (1) $7,000,000 for fiscal year 2005; (2) $7,500,000 for fiscal year 2006; and (2) $8,000,000 for fiscal year 2007.",
"id": "H082E6ABD56474D72B874D95244C4A006",
"header": "National Science Foundation",
"nested": [],
"links": []
},
{
"text": "(b) National institute of standards and technology \nFrom sums otherwise authorized to be appropriated, there are authorized to be appropriated to the National Institute of Standards and Technology for carrying out this Act— (1) $5,000,000 for fiscal year 2005; (2) $5,500,000 for fiscal year 2006; and (3) $6,000,000 for fiscal year 2007.",
"id": "H7EF234AE5D5741F38CEB2677D76E008B",
"header": "National institute of standards and technology",
"nested": [],
"links": []
},
{
"text": "(c) Department of energy \nFrom sums otherwise authorized to be appropriated, there are authorized to be appropriated to the Department of Energy for carrying out this Act— (1) $7,000,000 for fiscal year 2005; (2) $7,500,000 for fiscal year 2006; and (3) $8,000,000 for fiscal year 2007.",
"id": "H81561EBE80784E369CD65795C8261400",
"header": "Department of energy",
"nested": [],
"links": []
},
{
"text": "(d) Environmental protection agency \nFrom sums otherwise authorized to be appropriated, there are authorized to be appropriated to the Environmental Protection Agency for carrying out this Act— (1) $7,000,000 for fiscal year 2005; (2) $7,500,000 for fiscal year 2006; and (3) $8,000,000 for fiscal year 2007.",
"id": "HB7A99F872EB047BF9B728270A4C5474",
"header": "Environmental protection agency",
"nested": [],
"links": []
}
],
"links": []
}
] | 4 | 1. Short title
This Act may be cited as the. 2. Definitions
In this Act— (1) the term green chemistry means chemistry and chemical engineering to design chemical products and processes that reduce or eliminate the use or generation of hazardous substances; (2) the term Interagency Working Group means the interagency working group established under section 3(c); and (3) the term Program means the Green Chemistry Research and Development Program described in section 3. 3. Green chemistry research and development program
(a) In general
The President shall establish a Green Chemistry Research and Development Program to promote and coordinate Federal green chemistry research, development, demonstration, education, and technology transfer activities. (b) Program activities
The activities of the Program shall be designed to— (1) provide sustained support for green chemistry research, development, demonstration, education, and technology transfer through— (A) merit-reviewed competitive grants to individual investigators and teams of investigators, including, to the extent practicable, young investigators, for research and development; (B) merit-reviewed competitive grants to fund collaborative university-industry research and development partnerships; (C) green chemistry research, development, demonstration, and technology transfer conducted at Federal laboratories; and (D) to the extent practicable, encouragement of consideration of green chemistry in— (i) the conduct of Federal chemical science and engineering research and development; and (ii) the solicitation and evaluation of all proposals for chemical science and engineering research and development; (2) examine methods by which the Federal Government can create incentives for consideration and use of green chemistry processes and products; (3) facilitate the adoption of green chemistry innovations; (4) expand education and training of undergraduate and graduate students in green chemistry science and engineering; (5) collect and disseminate information on green chemistry research, development, and technology transfer, including information on— (A) incentives and impediments to development and commercialization; (B) accomplishments; (C) best practices; and (D) costs and benefits; and (6) provide venues for outreach and dissemination of green chemistry advances such as symposia, forums, conferences, and written materials in collaboration with, as appropriate, industry, academia, scientific and professional societies, and other relevant groups. (c) Interagency working group
The President shall establish an Interagency Working Group, which shall include representatives from the National Science Foundation, the National Institute of Standards and Technology, the Department of Energy, the Environmental Protection Agency, and any other agency that the President may designate. The Director of the National Science Foundation and the Assistant Administrator for Research and Development of the Environmental Protection Agency shall serve as co-chairs of the Interagency Working Group. The Interagency Working Group shall oversee the planning, management, and coordination of the Program. The Interagency Working Group shall— (1) establish goals and priorities for the Program, to the extent practicable in consultation with green chemistry researchers and potential end-users of green chemistry products and processes; and (2) provide for interagency coordination, including budget coordination, of activities under the Program. (d) Report to Congress
Not later than 2 years after the date of enactment of this Act, the Interagency Working Group shall transmit a report to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. This report shall include— (1) a summary of federally funded green chemistry research, development, demonstration, education, and technology transfer activities, including the green chemistry budget for each of these activities; and (2) an analysis of the progress made toward achieving the goals and priorities for the Program, and recommendations for future program activities. 4. Authorization of appropriations
(a) National Science Foundation
From sums otherwise authorized to be appropriated, there are authorized to be appropriated to the National Science Foundation for carrying out this Act— (1) $7,000,000 for fiscal year 2005; (2) $7,500,000 for fiscal year 2006; and (2) $8,000,000 for fiscal year 2007. (b) National institute of standards and technology
From sums otherwise authorized to be appropriated, there are authorized to be appropriated to the National Institute of Standards and Technology for carrying out this Act— (1) $5,000,000 for fiscal year 2005; (2) $5,500,000 for fiscal year 2006; and (3) $6,000,000 for fiscal year 2007. (c) Department of energy
From sums otherwise authorized to be appropriated, there are authorized to be appropriated to the Department of Energy for carrying out this Act— (1) $7,000,000 for fiscal year 2005; (2) $7,500,000 for fiscal year 2006; and (3) $8,000,000 for fiscal year 2007. (d) Environmental protection agency
From sums otherwise authorized to be appropriated, there are authorized to be appropriated to the Environmental Protection Agency for carrying out this Act— (1) $7,000,000 for fiscal year 2005; (2) $7,500,000 for fiscal year 2006; and (3) $8,000,000 for fiscal year 2007. | 5,454 | [
"Commerce, Science, and Transportation Committee",
"Science, Space, and Technology Committee"
] |
108hr3940ih | 108 | hr | 3,940 | ih | To amend the Solid Waste Disposal Act to provide for secondary containment to prevent MTBE and petroleum contamination. | [
{
"text": "1. Secondary containment \n(a) In general \nSection 9003 of the Solid Waste Disposal Act ( 42 U.S.C. 6991b ) is amended by adding the following new subsection at the end: (i) Secondary containment \n(1) In general \nAny new underground storage tank system installed after the effective date of this subsection, or any existing underground storage tank system that is replaced after the effective date of this subsection, shall be secondarily contained and space between the primary and secondary containment shall be monitored for leaks if the new or replaced underground storage tank or piping is within 1,000 feet of any existing community water system or any existing potable drinking water well or other sensitive area as determined by the agency implementing the program in each State. (2) Limitations \n(A) In the case of the replacement of an existing underground storage tank that is connected to other underground storage tanks by piping, paragraph (1) shall apply only to the underground storage tank being replaced and not to such other underground storage tanks. (B) In the case of the replacement of existing underground pipes connected to an underground storage tank, paragraph (1) shall apply only to the underground pipes and not to the underground storage tanks to which the pipes are connected. (3) Effective date \nThis subsection shall take effect 18 months after the date of enactment of this subsection. (4) Definitions \nAs used in this subsection: (A) The term secondarily contained means a release detection and prevention system that meets the requirements of 40 Code of Federal Regulations section 280.43(g) and includes double-walled tanks and piping systems, dispenser liners, piping sumps, or single-walled tanks or piping systems that are contained within a liner or an impervious barrier area as set forth in 40 Code of Federal Regulations part 280. (B) The term underground storage tank has the meaning given to this term under section 9001, except as limited with respect to tank combinations and underground pipes under paragraph (2) of this subsection. (5) Promulgation of regulations or guidelines \nThe Administrator may issue regulations or guidelines implementing the requirements of paragraph (1). (6) No effect on State authority \nNothing in this subsection affects the authority of a State to establish or enforce any regulation, requirement, or standard of performance relating to secondary containment of underground storage tank systems that are more stringent than the requirements established under this subsection.. (b) Penalties \nSection 9006(d)(2) of such Act ( 42 U.S.C. 6991e(d)(2) ) is amended— (1) by striking or at the end of subparagraph (B); (2) by inserting ; or at the end of subparagraph (C); and (3) by adding the following new subparagraph after subparagraph (C): (D) the secondary containment requirements established in section 9003(i),.",
"id": "H1C622AFADE8E45DC89F0631C6DE7D43C",
"header": "Secondary containment",
"nested": [
{
"text": "(a) In general \nSection 9003 of the Solid Waste Disposal Act ( 42 U.S.C. 6991b ) is amended by adding the following new subsection at the end: (i) Secondary containment \n(1) In general \nAny new underground storage tank system installed after the effective date of this subsection, or any existing underground storage tank system that is replaced after the effective date of this subsection, shall be secondarily contained and space between the primary and secondary containment shall be monitored for leaks if the new or replaced underground storage tank or piping is within 1,000 feet of any existing community water system or any existing potable drinking water well or other sensitive area as determined by the agency implementing the program in each State. (2) Limitations \n(A) In the case of the replacement of an existing underground storage tank that is connected to other underground storage tanks by piping, paragraph (1) shall apply only to the underground storage tank being replaced and not to such other underground storage tanks. (B) In the case of the replacement of existing underground pipes connected to an underground storage tank, paragraph (1) shall apply only to the underground pipes and not to the underground storage tanks to which the pipes are connected. (3) Effective date \nThis subsection shall take effect 18 months after the date of enactment of this subsection. (4) Definitions \nAs used in this subsection: (A) The term secondarily contained means a release detection and prevention system that meets the requirements of 40 Code of Federal Regulations section 280.43(g) and includes double-walled tanks and piping systems, dispenser liners, piping sumps, or single-walled tanks or piping systems that are contained within a liner or an impervious barrier area as set forth in 40 Code of Federal Regulations part 280. (B) The term underground storage tank has the meaning given to this term under section 9001, except as limited with respect to tank combinations and underground pipes under paragraph (2) of this subsection. (5) Promulgation of regulations or guidelines \nThe Administrator may issue regulations or guidelines implementing the requirements of paragraph (1). (6) No effect on State authority \nNothing in this subsection affects the authority of a State to establish or enforce any regulation, requirement, or standard of performance relating to secondary containment of underground storage tank systems that are more stringent than the requirements established under this subsection..",
"id": "H5FFB8229B2C74D639952B740388ED642",
"header": "In general",
"nested": [],
"links": [
{
"text": "42 U.S.C. 6991b",
"legal-doc": "usc",
"parsable-cite": "usc/42/6991b"
}
]
},
{
"text": "(b) Penalties \nSection 9006(d)(2) of such Act ( 42 U.S.C. 6991e(d)(2) ) is amended— (1) by striking or at the end of subparagraph (B); (2) by inserting ; or at the end of subparagraph (C); and (3) by adding the following new subparagraph after subparagraph (C): (D) the secondary containment requirements established in section 9003(i),.",
"id": "HF45740BF578C4D5A9569126978033744",
"header": "Penalties",
"nested": [],
"links": [
{
"text": "42 U.S.C. 6991e(d)(2)",
"legal-doc": "usc",
"parsable-cite": "usc/42/6991e"
}
]
}
],
"links": [
{
"text": "42 U.S.C. 6991b",
"legal-doc": "usc",
"parsable-cite": "usc/42/6991b"
},
{
"text": "42 U.S.C. 6991e(d)(2)",
"legal-doc": "usc",
"parsable-cite": "usc/42/6991e"
}
]
}
] | 1 | 1. Secondary containment
(a) In general
Section 9003 of the Solid Waste Disposal Act ( 42 U.S.C. 6991b ) is amended by adding the following new subsection at the end: (i) Secondary containment
(1) In general
Any new underground storage tank system installed after the effective date of this subsection, or any existing underground storage tank system that is replaced after the effective date of this subsection, shall be secondarily contained and space between the primary and secondary containment shall be monitored for leaks if the new or replaced underground storage tank or piping is within 1,000 feet of any existing community water system or any existing potable drinking water well or other sensitive area as determined by the agency implementing the program in each State. (2) Limitations
(A) In the case of the replacement of an existing underground storage tank that is connected to other underground storage tanks by piping, paragraph (1) shall apply only to the underground storage tank being replaced and not to such other underground storage tanks. (B) In the case of the replacement of existing underground pipes connected to an underground storage tank, paragraph (1) shall apply only to the underground pipes and not to the underground storage tanks to which the pipes are connected. (3) Effective date
This subsection shall take effect 18 months after the date of enactment of this subsection. (4) Definitions
As used in this subsection: (A) The term secondarily contained means a release detection and prevention system that meets the requirements of 40 Code of Federal Regulations section 280.43(g) and includes double-walled tanks and piping systems, dispenser liners, piping sumps, or single-walled tanks or piping systems that are contained within a liner or an impervious barrier area as set forth in 40 Code of Federal Regulations part 280. (B) The term underground storage tank has the meaning given to this term under section 9001, except as limited with respect to tank combinations and underground pipes under paragraph (2) of this subsection. (5) Promulgation of regulations or guidelines
The Administrator may issue regulations or guidelines implementing the requirements of paragraph (1). (6) No effect on State authority
Nothing in this subsection affects the authority of a State to establish or enforce any regulation, requirement, or standard of performance relating to secondary containment of underground storage tank systems that are more stringent than the requirements established under this subsection.. (b) Penalties
Section 9006(d)(2) of such Act ( 42 U.S.C. 6991e(d)(2) ) is amended— (1) by striking or at the end of subparagraph (B); (2) by inserting ; or at the end of subparagraph (C); and (3) by adding the following new subparagraph after subparagraph (C): (D) the secondary containment requirements established in section 9003(i),. | 2,894 | [
"Energy and Commerce Committee"
] |
108hr4682ih | 108 | hr | 4,682 | ih | To amend the Public Health Service Act to provide for human embryonic stem cell research. | [
{
"text": "1. Short title \nThis Act may be cited as the Stem Cell Research Enhancement Act of 2004.",
"id": "H7FAE2B024818497E9997BB5685CA1E77",
"header": "Short title",
"nested": [],
"links": []
},
{
"text": "2. Human embryonic stem cell research \nPart H of title IV of the Public Health Service Act ( 42 U.S.C. 289 et seq. ) is amended by inserting after section 498C the following: 498D. Human embryonic stem cell research \n(a) In general \nNotwithstanding any other provision of law, the Secretary shall conduct and support research that utilizes human embryonic stem cells in accordance with this section. (b) Requirements \nThe Secretary shall conduct or support research that utilizes human embryonic stem cells if the following requirements are met: (1) The stem cells were derived from human embryos that have been donated from in vitro fertilization clinics, were created for the purposes of fertility treatment, and were in excess of the clinical need of the individuals seeking such treatment. (2) Prior to the consideration of embryo donation and through consultation with the individuals seeking fertility treatment, it is determined that the embryos will never be implanted in a woman and would otherwise be discarded. (3) The individuals seeking fertility treatment donated the embryos with written informed consent and without receiving any financial or other inducements to make the donation. (c) Guidelines \nNot later than 60 days after the date of the enactment of this section, the Secretary, in consultation with the Director of NIH, shall promulgate guidelines to carry out this section. (d) Determination \nIn determining whether this section authorizes or prohibits the conduct or support of research using a particular human embryonic stem cell line, the Secretary— (1) shall apply the requirements of subsection (b) regardless of the date on which the stem cell line is derived from a human embryo; and (2) shall apply the guidelines promulgated under this section only if the stem cell line is derived from a human embryo on or after the date described in subsection (c). (e) Reporting requirements \nThe Secretary shall annually prepare and submit to the appropriate committees of the Congress a report describing the activities carried out under this section during the preceding fiscal year, and including a description of whether and to what extent research under subsection (a) has been conducted in accordance with this section..",
"id": "HE19F6047FE1144AB008364E54D56239B",
"header": "Human embryonic stem cell research",
"nested": [],
"links": [
{
"text": "42 U.S.C. 289 et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/42/289"
}
]
},
{
"text": "498D. Human embryonic stem cell research \n(a) In general \nNotwithstanding any other provision of law, the Secretary shall conduct and support research that utilizes human embryonic stem cells in accordance with this section. (b) Requirements \nThe Secretary shall conduct or support research that utilizes human embryonic stem cells if the following requirements are met: (1) The stem cells were derived from human embryos that have been donated from in vitro fertilization clinics, were created for the purposes of fertility treatment, and were in excess of the clinical need of the individuals seeking such treatment. (2) Prior to the consideration of embryo donation and through consultation with the individuals seeking fertility treatment, it is determined that the embryos will never be implanted in a woman and would otherwise be discarded. (3) The individuals seeking fertility treatment donated the embryos with written informed consent and without receiving any financial or other inducements to make the donation. (c) Guidelines \nNot later than 60 days after the date of the enactment of this section, the Secretary, in consultation with the Director of NIH, shall promulgate guidelines to carry out this section. (d) Determination \nIn determining whether this section authorizes or prohibits the conduct or support of research using a particular human embryonic stem cell line, the Secretary— (1) shall apply the requirements of subsection (b) regardless of the date on which the stem cell line is derived from a human embryo; and (2) shall apply the guidelines promulgated under this section only if the stem cell line is derived from a human embryo on or after the date described in subsection (c). (e) Reporting requirements \nThe Secretary shall annually prepare and submit to the appropriate committees of the Congress a report describing the activities carried out under this section during the preceding fiscal year, and including a description of whether and to what extent research under subsection (a) has been conducted in accordance with this section.",
"id": "HEA5F3B98D4E94EDC86AC48236116B313",
"header": "Human embryonic stem cell research",
"nested": [
{
"text": "(a) In general \nNotwithstanding any other provision of law, the Secretary shall conduct and support research that utilizes human embryonic stem cells in accordance with this section.",
"id": "H278680697AC342308F227DE0398200AF",
"header": "In general",
"nested": [],
"links": []
},
{
"text": "(b) Requirements \nThe Secretary shall conduct or support research that utilizes human embryonic stem cells if the following requirements are met: (1) The stem cells were derived from human embryos that have been donated from in vitro fertilization clinics, were created for the purposes of fertility treatment, and were in excess of the clinical need of the individuals seeking such treatment. (2) Prior to the consideration of embryo donation and through consultation with the individuals seeking fertility treatment, it is determined that the embryos will never be implanted in a woman and would otherwise be discarded. (3) The individuals seeking fertility treatment donated the embryos with written informed consent and without receiving any financial or other inducements to make the donation.",
"id": "HAEB7D16E60404332BE6D515159940262",
"header": "Requirements",
"nested": [],
"links": []
},
{
"text": "(c) Guidelines \nNot later than 60 days after the date of the enactment of this section, the Secretary, in consultation with the Director of NIH, shall promulgate guidelines to carry out this section.",
"id": "HD9231634492F4CD9B600EB98F29E1459",
"header": "Guidelines",
"nested": [],
"links": []
},
{
"text": "(d) Determination \nIn determining whether this section authorizes or prohibits the conduct or support of research using a particular human embryonic stem cell line, the Secretary— (1) shall apply the requirements of subsection (b) regardless of the date on which the stem cell line is derived from a human embryo; and (2) shall apply the guidelines promulgated under this section only if the stem cell line is derived from a human embryo on or after the date described in subsection (c).",
"id": "HE700EFB077B940E68B43E45641D2BEE",
"header": "Determination",
"nested": [],
"links": []
},
{
"text": "(e) Reporting requirements \nThe Secretary shall annually prepare and submit to the appropriate committees of the Congress a report describing the activities carried out under this section during the preceding fiscal year, and including a description of whether and to what extent research under subsection (a) has been conducted in accordance with this section.",
"id": "H255AFBBC5E324A15A8BAED465C92B05",
"header": "Reporting requirements",
"nested": [],
"links": []
}
],
"links": []
}
] | 3 | 1. Short title
This Act may be cited as the Stem Cell Research Enhancement Act of 2004. 2. Human embryonic stem cell research
Part H of title IV of the Public Health Service Act ( 42 U.S.C. 289 et seq. ) is amended by inserting after section 498C the following: 498D. Human embryonic stem cell research
(a) In general
Notwithstanding any other provision of law, the Secretary shall conduct and support research that utilizes human embryonic stem cells in accordance with this section. (b) Requirements
The Secretary shall conduct or support research that utilizes human embryonic stem cells if the following requirements are met: (1) The stem cells were derived from human embryos that have been donated from in vitro fertilization clinics, were created for the purposes of fertility treatment, and were in excess of the clinical need of the individuals seeking such treatment. (2) Prior to the consideration of embryo donation and through consultation with the individuals seeking fertility treatment, it is determined that the embryos will never be implanted in a woman and would otherwise be discarded. (3) The individuals seeking fertility treatment donated the embryos with written informed consent and without receiving any financial or other inducements to make the donation. (c) Guidelines
Not later than 60 days after the date of the enactment of this section, the Secretary, in consultation with the Director of NIH, shall promulgate guidelines to carry out this section. (d) Determination
In determining whether this section authorizes or prohibits the conduct or support of research using a particular human embryonic stem cell line, the Secretary— (1) shall apply the requirements of subsection (b) regardless of the date on which the stem cell line is derived from a human embryo; and (2) shall apply the guidelines promulgated under this section only if the stem cell line is derived from a human embryo on or after the date described in subsection (c). (e) Reporting requirements
The Secretary shall annually prepare and submit to the appropriate committees of the Congress a report describing the activities carried out under this section during the preceding fiscal year, and including a description of whether and to what extent research under subsection (a) has been conducted in accordance with this section.. 498D. Human embryonic stem cell research
(a) In general
Notwithstanding any other provision of law, the Secretary shall conduct and support research that utilizes human embryonic stem cells in accordance with this section. (b) Requirements
The Secretary shall conduct or support research that utilizes human embryonic stem cells if the following requirements are met: (1) The stem cells were derived from human embryos that have been donated from in vitro fertilization clinics, were created for the purposes of fertility treatment, and were in excess of the clinical need of the individuals seeking such treatment. (2) Prior to the consideration of embryo donation and through consultation with the individuals seeking fertility treatment, it is determined that the embryos will never be implanted in a woman and would otherwise be discarded. (3) The individuals seeking fertility treatment donated the embryos with written informed consent and without receiving any financial or other inducements to make the donation. (c) Guidelines
Not later than 60 days after the date of the enactment of this section, the Secretary, in consultation with the Director of NIH, shall promulgate guidelines to carry out this section. (d) Determination
In determining whether this section authorizes or prohibits the conduct or support of research using a particular human embryonic stem cell line, the Secretary— (1) shall apply the requirements of subsection (b) regardless of the date on which the stem cell line is derived from a human embryo; and (2) shall apply the guidelines promulgated under this section only if the stem cell line is derived from a human embryo on or after the date described in subsection (c). (e) Reporting requirements
The Secretary shall annually prepare and submit to the appropriate committees of the Congress a report describing the activities carried out under this section during the preceding fiscal year, and including a description of whether and to what extent research under subsection (a) has been conducted in accordance with this section. | 4,412 | [
"Energy and Commerce Committee"
] |
108hr4060ih | 108 | hr | 4,060 | ih | To amend the Peace Corps Act to establish an Ombudsman and an Office of Safety and Security of the Peace Corps, and for other purposes. | [
{
"text": "1. Short Title \nThis Act may be cited as the Health, Safety, and Security of Peace Corps Volunteers Act of 2004.",
"id": "HD6AC04272E364D0186F9ACCD73B43F79",
"header": "Short Title",
"nested": [],
"links": []
},
{
"text": "2. Ombudsman of the Peace Corps \nThe Peace Corps Act ( 22 U.S.C. 2501 et seq. ) is amended by inserting after section 4 the following new section: 4A. Ombudsman of the Peace Corps \n(a) Establishment \nThere is established in the Peace Corps the Office of the Ombudsman of the Peace Corps (hereinafter in this section referred to as the Office ). The Office shall be headed by the Ombudsman of the Peace Corps (hereinafter in this section referred to as the Ombudsman ), who shall be appointed by and report directly to the Director of the Peace Corps. (b) Volunteer Complaints and Other Matters \nThe Ombudsman shall receive and, as appropriate, inquire into complaints, questions, or concerns submitted by current or former volunteers regarding services or support provided by the Peace Corps to its volunteers, including matters pertaining to— (1) the safety and security of volunteers; (2) due process, including processes relating to separation from the Peace Corps; (3) benefits and assistance that may be due to current or former volunteers; (4) medical or other health-related assistance; and (5) access to files and records of current or former volunteers. (c) Employee Complaints and Other Matters \nThe Ombudsman shall receive and, as appropriate, inquire into complaints, questions, or concerns submitted by current or former employees of the Peace Corps on any matters of grievance. (d) Additional Duties \nThe Ombudsman shall— (1) recommend responses to individual matters received under subsections (b) and (c); (2) make recommendations for administrative or regulatory adjustments to address recurring problems or other difficulties of the Peace Corps; (3) identify systemic issues that relate to the practices, policies, and administrative procedures of the Peace Corps affecting volunteers and employees; and (4) call attention to problems not yet adequately considered by the Peace Corps. (e) Standards of Operation \nThe Ombudsman shall carry out the duties under this section in a manner that is— (1) independent, impartial in the conduct of inquiries, and confidential; and (2) consistent with the revised Standards for the Establishment and Operation of Ombudsman Offices (August 2003) as endorsed by the American Bar Association. (f) Involvement in Matters Subject to Ongoing Adjudication, Litigation, or Investigation \nThe Ombudsman shall refrain from any involvement in the merits of individual matters that are the subject of ongoing adjudication or litigation, or investigations related to such adjudication or litigation. (g) Reports \n(1) In General \nNot later than 180 days after the date of the enactment of this section, and semiannually thereafter, the Ombudsman shall submit to the Director of the Peace Corps, the Chair of the Peace Corps National Advisory Council, and Congress a report containing a summary of— (A) the complaints, questions, and concerns considered by the Ombudsman; (B) the inquiries completed by the Ombudsman; (C) recommendations for action with respect to such complaints, questions, concerns, or inquiries; and (D) any other matters that the Ombudsman considers relevant. (2) Confidentiality \nEach report submitted under paragraph (1) shall maintain confidentiality on any matter that the Ombudsman considers appropriate in accordance with subsection (e). (h) Definition \nIn this section, the term employee means an employee of the Peace Corps, an employee of the Office of Inspector General of the Peace Corps, an individual appointed or assigned under the Foreign Service Act of 1980 ( 22 U.S.C. 3901 et seq. ) to carry out functions under this Act, or an individual subject to a personal services contract with the Peace Corps..",
"id": "HA0351BE2292F486B934492766F582BCA",
"header": "Ombudsman of the Peace Corps",
"nested": [],
"links": [
{
"text": "22 U.S.C. 2501 et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/22/2501"
},
{
"text": "22 U.S.C. 3901 et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/22/3901"
}
]
},
{
"text": "4A. Ombudsman of the Peace Corps \n(a) Establishment \nThere is established in the Peace Corps the Office of the Ombudsman of the Peace Corps (hereinafter in this section referred to as the Office ). The Office shall be headed by the Ombudsman of the Peace Corps (hereinafter in this section referred to as the Ombudsman ), who shall be appointed by and report directly to the Director of the Peace Corps. (b) Volunteer Complaints and Other Matters \nThe Ombudsman shall receive and, as appropriate, inquire into complaints, questions, or concerns submitted by current or former volunteers regarding services or support provided by the Peace Corps to its volunteers, including matters pertaining to— (1) the safety and security of volunteers; (2) due process, including processes relating to separation from the Peace Corps; (3) benefits and assistance that may be due to current or former volunteers; (4) medical or other health-related assistance; and (5) access to files and records of current or former volunteers. (c) Employee Complaints and Other Matters \nThe Ombudsman shall receive and, as appropriate, inquire into complaints, questions, or concerns submitted by current or former employees of the Peace Corps on any matters of grievance. (d) Additional Duties \nThe Ombudsman shall— (1) recommend responses to individual matters received under subsections (b) and (c); (2) make recommendations for administrative or regulatory adjustments to address recurring problems or other difficulties of the Peace Corps; (3) identify systemic issues that relate to the practices, policies, and administrative procedures of the Peace Corps affecting volunteers and employees; and (4) call attention to problems not yet adequately considered by the Peace Corps. (e) Standards of Operation \nThe Ombudsman shall carry out the duties under this section in a manner that is— (1) independent, impartial in the conduct of inquiries, and confidential; and (2) consistent with the revised Standards for the Establishment and Operation of Ombudsman Offices (August 2003) as endorsed by the American Bar Association. (f) Involvement in Matters Subject to Ongoing Adjudication, Litigation, or Investigation \nThe Ombudsman shall refrain from any involvement in the merits of individual matters that are the subject of ongoing adjudication or litigation, or investigations related to such adjudication or litigation. (g) Reports \n(1) In General \nNot later than 180 days after the date of the enactment of this section, and semiannually thereafter, the Ombudsman shall submit to the Director of the Peace Corps, the Chair of the Peace Corps National Advisory Council, and Congress a report containing a summary of— (A) the complaints, questions, and concerns considered by the Ombudsman; (B) the inquiries completed by the Ombudsman; (C) recommendations for action with respect to such complaints, questions, concerns, or inquiries; and (D) any other matters that the Ombudsman considers relevant. (2) Confidentiality \nEach report submitted under paragraph (1) shall maintain confidentiality on any matter that the Ombudsman considers appropriate in accordance with subsection (e). (h) Definition \nIn this section, the term employee means an employee of the Peace Corps, an employee of the Office of Inspector General of the Peace Corps, an individual appointed or assigned under the Foreign Service Act of 1980 ( 22 U.S.C. 3901 et seq. ) to carry out functions under this Act, or an individual subject to a personal services contract with the Peace Corps.",
"id": "HDA3E5B6A61E945E3A6579099A9792579",
"header": "Ombudsman of the Peace Corps",
"nested": [
{
"text": "(a) Establishment \nThere is established in the Peace Corps the Office of the Ombudsman of the Peace Corps (hereinafter in this section referred to as the Office ). The Office shall be headed by the Ombudsman of the Peace Corps (hereinafter in this section referred to as the Ombudsman ), who shall be appointed by and report directly to the Director of the Peace Corps.",
"id": "HD49687965A374452A2797600112DB356",
"header": "Establishment",
"nested": [],
"links": []
},
{
"text": "(b) Volunteer Complaints and Other Matters \nThe Ombudsman shall receive and, as appropriate, inquire into complaints, questions, or concerns submitted by current or former volunteers regarding services or support provided by the Peace Corps to its volunteers, including matters pertaining to— (1) the safety and security of volunteers; (2) due process, including processes relating to separation from the Peace Corps; (3) benefits and assistance that may be due to current or former volunteers; (4) medical or other health-related assistance; and (5) access to files and records of current or former volunteers.",
"id": "H3C1ABC377873469FB9C667BDC8EE1274",
"header": "Volunteer Complaints and Other Matters",
"nested": [],
"links": []
},
{
"text": "(c) Employee Complaints and Other Matters \nThe Ombudsman shall receive and, as appropriate, inquire into complaints, questions, or concerns submitted by current or former employees of the Peace Corps on any matters of grievance.",
"id": "H229091F23298474A9CB3B5C238A3BE8",
"header": "Employee Complaints and Other Matters",
"nested": [],
"links": []
},
{
"text": "(d) Additional Duties \nThe Ombudsman shall— (1) recommend responses to individual matters received under subsections (b) and (c); (2) make recommendations for administrative or regulatory adjustments to address recurring problems or other difficulties of the Peace Corps; (3) identify systemic issues that relate to the practices, policies, and administrative procedures of the Peace Corps affecting volunteers and employees; and (4) call attention to problems not yet adequately considered by the Peace Corps.",
"id": "H3ABC5B35BD594EF8AD5926897C16CD83",
"header": "Additional Duties",
"nested": [],
"links": []
},
{
"text": "(e) Standards of Operation \nThe Ombudsman shall carry out the duties under this section in a manner that is— (1) independent, impartial in the conduct of inquiries, and confidential; and (2) consistent with the revised Standards for the Establishment and Operation of Ombudsman Offices (August 2003) as endorsed by the American Bar Association.",
"id": "H2C0A26CAAF1B4A25A7C972342FE1806C",
"header": "Standards of Operation",
"nested": [],
"links": []
},
{
"text": "(f) Involvement in Matters Subject to Ongoing Adjudication, Litigation, or Investigation \nThe Ombudsman shall refrain from any involvement in the merits of individual matters that are the subject of ongoing adjudication or litigation, or investigations related to such adjudication or litigation.",
"id": "HCCCAB0A2C738457C89D530B3E5BE22D6",
"header": "Involvement in Matters Subject to Ongoing Adjudication, Litigation, or Investigation",
"nested": [],
"links": []
},
{
"text": "(g) Reports \n(1) In General \nNot later than 180 days after the date of the enactment of this section, and semiannually thereafter, the Ombudsman shall submit to the Director of the Peace Corps, the Chair of the Peace Corps National Advisory Council, and Congress a report containing a summary of— (A) the complaints, questions, and concerns considered by the Ombudsman; (B) the inquiries completed by the Ombudsman; (C) recommendations for action with respect to such complaints, questions, concerns, or inquiries; and (D) any other matters that the Ombudsman considers relevant. (2) Confidentiality \nEach report submitted under paragraph (1) shall maintain confidentiality on any matter that the Ombudsman considers appropriate in accordance with subsection (e).",
"id": "HB84D8EEC755E417AA07090CB50F51338",
"header": "Reports",
"nested": [],
"links": []
},
{
"text": "(h) Definition \nIn this section, the term employee means an employee of the Peace Corps, an employee of the Office of Inspector General of the Peace Corps, an individual appointed or assigned under the Foreign Service Act of 1980 ( 22 U.S.C. 3901 et seq. ) to carry out functions under this Act, or an individual subject to a personal services contract with the Peace Corps.",
"id": "HDCD2F9E54C264802A7E65B5942559CF6",
"header": "Definition",
"nested": [],
"links": [
{
"text": "22 U.S.C. 3901 et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/22/3901"
}
]
}
],
"links": [
{
"text": "22 U.S.C. 3901 et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/22/3901"
}
]
},
{
"text": "3. Office of Safety and Security of the Peace Corps \nThe Peace Corps Act ( 22 U.S.C. 2501 et seq. ), as amended by section 2 of this Act, is further amended by inserting after section 4A the following new section: 4B. Office of Safety and Security of the Peace Corps \n(a) Establishment \nThere is established in the Peace Corps the Office of Safety and Security of the Peace Corps (hereinafter in this section referred to as the Office ). The Office shall be headed by the Associate Director of Safety and Security of the Peace Corps, who shall be appointed by and report directly to the Director of the Peace Corps. (b) Responsibilities \nThe Office established under subsection (a) shall be responsible for all safety and security activities of the Peace Corps, including background checks of volunteers and staff, safety and security of volunteers and staff (including training), safety and security of facilities, security of information technology, and other responsibilities as required by the Director. (c) Sense of Congress \nIt is the sense of Congress that— (1) the Associate Director of Safety and Security of the Peace Corps, as appointed pursuant to subsection (a) of this section, should assign a Peace Corps country security coordinator for each country where the Peace Corps has a program of volunteer service for the purposes of carrying out the field responsibilities of the Office established under subsection (a); and (2) each country security coordinator— (A) should be under the supervision of the Peace Corps country director in each such country; (B) should report directly to the Associate Director of Safety and Security of the Peace Corps, as appointed pursuant to subsection (a) of this section, on all matters of importance as the country security coordinator considers necessary; (C) should be responsible for coordinating with the regional security officer of the Peace Corps responsible for the country to which such country security officer is assigned; and (D) should be a United States citizen who has access to information, including classified information, relating to the possible threats against Peace Corps volunteers..",
"id": "H4F831FA10CBB4481B09C22E94FEAD9A9",
"header": "Office of Safety and Security of the Peace Corps",
"nested": [],
"links": [
{
"text": "22 U.S.C. 2501 et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/22/2501"
}
]
},
{
"text": "4B. Office of Safety and Security of the Peace Corps \n(a) Establishment \nThere is established in the Peace Corps the Office of Safety and Security of the Peace Corps (hereinafter in this section referred to as the Office ). The Office shall be headed by the Associate Director of Safety and Security of the Peace Corps, who shall be appointed by and report directly to the Director of the Peace Corps. (b) Responsibilities \nThe Office established under subsection (a) shall be responsible for all safety and security activities of the Peace Corps, including background checks of volunteers and staff, safety and security of volunteers and staff (including training), safety and security of facilities, security of information technology, and other responsibilities as required by the Director. (c) Sense of Congress \nIt is the sense of Congress that— (1) the Associate Director of Safety and Security of the Peace Corps, as appointed pursuant to subsection (a) of this section, should assign a Peace Corps country security coordinator for each country where the Peace Corps has a program of volunteer service for the purposes of carrying out the field responsibilities of the Office established under subsection (a); and (2) each country security coordinator— (A) should be under the supervision of the Peace Corps country director in each such country; (B) should report directly to the Associate Director of Safety and Security of the Peace Corps, as appointed pursuant to subsection (a) of this section, on all matters of importance as the country security coordinator considers necessary; (C) should be responsible for coordinating with the regional security officer of the Peace Corps responsible for the country to which such country security officer is assigned; and (D) should be a United States citizen who has access to information, including classified information, relating to the possible threats against Peace Corps volunteers.",
"id": "HA0DA29EC0F5E40C79326495177C15FD",
"header": "Office of Safety and Security of the Peace Corps",
"nested": [
{
"text": "(a) Establishment \nThere is established in the Peace Corps the Office of Safety and Security of the Peace Corps (hereinafter in this section referred to as the Office ). The Office shall be headed by the Associate Director of Safety and Security of the Peace Corps, who shall be appointed by and report directly to the Director of the Peace Corps.",
"id": "H577E40B8EBB04E2F8CD68EA9E951F378",
"header": "Establishment",
"nested": [],
"links": []
},
{
"text": "(b) Responsibilities \nThe Office established under subsection (a) shall be responsible for all safety and security activities of the Peace Corps, including background checks of volunteers and staff, safety and security of volunteers and staff (including training), safety and security of facilities, security of information technology, and other responsibilities as required by the Director.",
"id": "H974429D124E448CAAB2B252033971137",
"header": "Responsibilities",
"nested": [],
"links": []
},
{
"text": "(c) Sense of Congress \nIt is the sense of Congress that— (1) the Associate Director of Safety and Security of the Peace Corps, as appointed pursuant to subsection (a) of this section, should assign a Peace Corps country security coordinator for each country where the Peace Corps has a program of volunteer service for the purposes of carrying out the field responsibilities of the Office established under subsection (a); and (2) each country security coordinator— (A) should be under the supervision of the Peace Corps country director in each such country; (B) should report directly to the Associate Director of Safety and Security of the Peace Corps, as appointed pursuant to subsection (a) of this section, on all matters of importance as the country security coordinator considers necessary; (C) should be responsible for coordinating with the regional security officer of the Peace Corps responsible for the country to which such country security officer is assigned; and (D) should be a United States citizen who has access to information, including classified information, relating to the possible threats against Peace Corps volunteers.",
"id": "HC4E2EBB5603F48F700CDCE9F5C7839D4",
"header": "Sense of Congress",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "4. Office of Medical Services of the Peace Corps \n(a) Report on Medical Screening and Placement Coordination \nNot later than 120 days after the date of the enactment of this Act, the Director of the Peace Corps shall submit to the appropriate congressional committees a report that— (1) describes the medical screening procedures and guidelines used by the office responsible for medical services of the Peace Corps to determine whether an applicant for Peace Corps service has worldwide clearance, limited clearance, a deferral period, or is not medically, including psychologically, qualified to serve in the Peace Corps as a volunteer; (2) describes the procedures and guidelines used by the Peace Corps to ensure that applicants for Peace Corps service are matched with a host country where the applicant, reasonable accommodations notwithstanding, can complete at least two years of volunteer service without interruption due to foreseeable medical conditions; and (3) with respect to each of the fiscal years 2000 through 2003 and the first six months of fiscal year 2004, states the number of— (A) medical screenings of applicants conducted; (B) applicants who have received worldwide clearance, limited clearance, deferral periods, and medical disqualifications to serve; (C) appeals to the Medical Screening Review Board of the Peace Corps and the number of times that an initial screening decision was upheld; (D) requests to the head of the office responsible for medical services of the Peace Corps for reconsideration of a decision of the Medical Screening Review Board and the number of times that the decision of the Medical Screening Review Board was upheld by the head of such office; (E) Peace Corps volunteers who became medically qualified to serve because of a decision of the Medical Screening Review Board and who were later evacuated or terminated their service early due to medical reasons; (F) Peace Corps volunteers who became medically qualified to serve because of a decision of the head of the office responsible for medical services of the Peace Corps and who were later evacuated or terminated their service early due to medical reasons; (G) Peace Corps volunteers who the agency has had to separate from service due to the discovery of undisclosed medical information; and (H) Peace Corps volunteers who have terminated their service early due to medical, including psychological, reasons. (b) Definition \nIn subsection (a), the term appropriate congressional committees means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate. (c) Full Time Director of Medical Services \nSection 4(c) of the Peace Corps Act ( 22 U.S.C. 2503(c) ) is amended by adding at the end the following new paragraph: (5) The Director of the Peace Corps shall ensure that the head of the office responsible for medical services of the Peace Corps does not occupy any other position in the Peace Corps..",
"id": "H484BB8CB09F144A684B8208498129ED4",
"header": "Office of Medical Services of the Peace Corps",
"nested": [
{
"text": "(a) Report on Medical Screening and Placement Coordination \nNot later than 120 days after the date of the enactment of this Act, the Director of the Peace Corps shall submit to the appropriate congressional committees a report that— (1) describes the medical screening procedures and guidelines used by the office responsible for medical services of the Peace Corps to determine whether an applicant for Peace Corps service has worldwide clearance, limited clearance, a deferral period, or is not medically, including psychologically, qualified to serve in the Peace Corps as a volunteer; (2) describes the procedures and guidelines used by the Peace Corps to ensure that applicants for Peace Corps service are matched with a host country where the applicant, reasonable accommodations notwithstanding, can complete at least two years of volunteer service without interruption due to foreseeable medical conditions; and (3) with respect to each of the fiscal years 2000 through 2003 and the first six months of fiscal year 2004, states the number of— (A) medical screenings of applicants conducted; (B) applicants who have received worldwide clearance, limited clearance, deferral periods, and medical disqualifications to serve; (C) appeals to the Medical Screening Review Board of the Peace Corps and the number of times that an initial screening decision was upheld; (D) requests to the head of the office responsible for medical services of the Peace Corps for reconsideration of a decision of the Medical Screening Review Board and the number of times that the decision of the Medical Screening Review Board was upheld by the head of such office; (E) Peace Corps volunteers who became medically qualified to serve because of a decision of the Medical Screening Review Board and who were later evacuated or terminated their service early due to medical reasons; (F) Peace Corps volunteers who became medically qualified to serve because of a decision of the head of the office responsible for medical services of the Peace Corps and who were later evacuated or terminated their service early due to medical reasons; (G) Peace Corps volunteers who the agency has had to separate from service due to the discovery of undisclosed medical information; and (H) Peace Corps volunteers who have terminated their service early due to medical, including psychological, reasons.",
"id": "H4C33CEB725CC4B8DAB79B9056C55E1FB",
"header": "Report on Medical Screening and Placement Coordination",
"nested": [],
"links": []
},
{
"text": "(b) Definition \nIn subsection (a), the term appropriate congressional committees means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate.",
"id": "HC05CFCFA9C024CE28BD895693382700",
"header": "Definition",
"nested": [],
"links": []
},
{
"text": "(c) Full Time Director of Medical Services \nSection 4(c) of the Peace Corps Act ( 22 U.S.C. 2503(c) ) is amended by adding at the end the following new paragraph: (5) The Director of the Peace Corps shall ensure that the head of the office responsible for medical services of the Peace Corps does not occupy any other position in the Peace Corps..",
"id": "H7B0871F3F338401EA626B114E846B224",
"header": "Full Time Director of Medical Services",
"nested": [],
"links": [
{
"text": "22 U.S.C. 2503(c)",
"legal-doc": "usc",
"parsable-cite": "usc/22/2503"
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"text": "22 U.S.C. 2503(c)",
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"parsable-cite": "usc/22/2503"
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"text": "5. Reports on the Five Year Rule and on Work Assignments of Volunteers of the Peace Corps \n(a) Report by the Comptroller General \n(1) In general \nNot later than one year after the date of enactment of this Act, the Comptroller General shall submit to the appropriate congressional committees a report on the effects of the limitation on the duration of employment, appointment, or assignment of officers and employees of the Peace Corps under section 7 of the Peace Corps Act ( 22 U.S.C. 2506 ) on the ability of the Peace Corps to effectively manage Peace Corps operations. (2) Contents \nThe report described in paragraph (1) shall include— (A) a description of such limitation; (B) a description of the history of such limitation and the purposes for which it was enacted and amended; (C) an analysis of the impact of such limitation on the ability of the Peace Corps to recruit capable volunteers, establish productive and worthwhile assignments for volunteers, provide for the health, safety, and security of volunteers, and, as declared in section 2(a) of the Peace Corps Act ( 22 U.S.C. 2501(a) ), promote a better understanding of the American people on the part of the peoples served and a better understanding of other peoples on the part of the American people ; (D) an assessment of whether the application of such limitation has accomplished the objectives for which it was intended; and (E) recommendations, if any, for legislation to amend provisions of the Peace Corps Act relating to such limitation. (b) Report on Work Assignments of Volunteers \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, the Director of the Peace Corps shall submit to the appropriate congressional committees a report on the extent to which the work assignments of Peace Corps volunteers fulfill the commitment of the Peace Corps to ensuring that such assignments are well developed, with clear roles and expectations, and that volunteers are well-suited for their assignments. (2) Contents \nThe report described in paragraph (1) shall include— (A) an assessment of the extent to which agreements between the Peace Corps and host countries delineate clear roles for volunteers in assisting host governments to advance their national development strategies; (B) an assessment of the extent to which the Peace Corps recruits volunteers who have skills that correlate with the expectations cited in the country agreements and assigns such volunteers to such posts; (C) a description of procedures for determining volunteer work assignments and minimum standards for such assignments; (D) a volunteer survey on health, safety, and security issues as well as satisfaction surveys which will have been conducted after the date of the enactment of this Act; and (E) an assessment of the plan of the Peace Corps to increase the number of volunteers who are assigned to projects in sub-Saharan Africa, Asia, and the Western Hemisphere, particularly among communities of African descent within countries in the Western Hemisphere, which help combat HIV/AIDS and other global infectious diseases. (c) Definition \nIn this section, the term appropriate congressional committees means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate.",
"id": "H38C42DF3FE4B44FAA406FBCE89B77F08",
"header": "Reports on the Five Year Rule and on Work Assignments of Volunteers of the Peace Corps",
"nested": [
{
"text": "(a) Report by the Comptroller General \n(1) In general \nNot later than one year after the date of enactment of this Act, the Comptroller General shall submit to the appropriate congressional committees a report on the effects of the limitation on the duration of employment, appointment, or assignment of officers and employees of the Peace Corps under section 7 of the Peace Corps Act ( 22 U.S.C. 2506 ) on the ability of the Peace Corps to effectively manage Peace Corps operations. (2) Contents \nThe report described in paragraph (1) shall include— (A) a description of such limitation; (B) a description of the history of such limitation and the purposes for which it was enacted and amended; (C) an analysis of the impact of such limitation on the ability of the Peace Corps to recruit capable volunteers, establish productive and worthwhile assignments for volunteers, provide for the health, safety, and security of volunteers, and, as declared in section 2(a) of the Peace Corps Act ( 22 U.S.C. 2501(a) ), promote a better understanding of the American people on the part of the peoples served and a better understanding of other peoples on the part of the American people ; (D) an assessment of whether the application of such limitation has accomplished the objectives for which it was intended; and (E) recommendations, if any, for legislation to amend provisions of the Peace Corps Act relating to such limitation.",
"id": "HEA6DF039702E4C33B5FA17D72E941F23",
"header": "Report by the Comptroller General",
"nested": [],
"links": [
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"text": "22 U.S.C. 2506",
"legal-doc": "usc",
"parsable-cite": "usc/22/2506"
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"text": "22 U.S.C. 2501(a)",
"legal-doc": "usc",
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}
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},
{
"text": "(b) Report on Work Assignments of Volunteers \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, the Director of the Peace Corps shall submit to the appropriate congressional committees a report on the extent to which the work assignments of Peace Corps volunteers fulfill the commitment of the Peace Corps to ensuring that such assignments are well developed, with clear roles and expectations, and that volunteers are well-suited for their assignments. (2) Contents \nThe report described in paragraph (1) shall include— (A) an assessment of the extent to which agreements between the Peace Corps and host countries delineate clear roles for volunteers in assisting host governments to advance their national development strategies; (B) an assessment of the extent to which the Peace Corps recruits volunteers who have skills that correlate with the expectations cited in the country agreements and assigns such volunteers to such posts; (C) a description of procedures for determining volunteer work assignments and minimum standards for such assignments; (D) a volunteer survey on health, safety, and security issues as well as satisfaction surveys which will have been conducted after the date of the enactment of this Act; and (E) an assessment of the plan of the Peace Corps to increase the number of volunteers who are assigned to projects in sub-Saharan Africa, Asia, and the Western Hemisphere, particularly among communities of African descent within countries in the Western Hemisphere, which help combat HIV/AIDS and other global infectious diseases.",
"id": "H9D8624F772374EC784ABA28E2B2B506F",
"header": "Report on Work Assignments of Volunteers",
"nested": [],
"links": []
},
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"text": "(c) Definition \nIn this section, the term appropriate congressional committees means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate.",
"id": "HDB1C85FB5754475C94DFBBD77440003B",
"header": "Definition",
"nested": [],
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"links": [
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"text": "22 U.S.C. 2506",
"legal-doc": "usc",
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"text": "22 U.S.C. 2501(a)",
"legal-doc": "usc",
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"text": "6. Inspector General of the Peace Corps \n(a) Establishment of Independent Inspector General \n(1) In General \nThe Inspector General Act of 1978 (5 U.S.C. App.) is amended— (A) in section 8G(a)(2), by striking , the Peace Corps ; (B) in section 9(a)(1), by adding at the end the following new subparagraph: (X) of the Peace Corps, the office of that agency referred to as the Office of Inspector General ; and ; and (C) in section 11— (i) in paragraph (1), by striking or the Office of Personnel Management and inserting the Office of Personnel Management, or the Peace Corps ; and (ii) in paragraph (2), by inserting , the Peace Corps after the Office of Personnel Management. (2) Technical Amendment \nSection 9(a)(1)(U) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking and at the end. (b) Temporary Appointment \nThe Director of the Peace Corps may appoint an individual to assume the powers and duties of the Inspector General of the Peace Corps under the Inspector General Act of 1978 (5 U.S.C. App.) on an interim basis until such time as a person is appointed by the President, by and with the advice and consent of the Senate, pursuant to the amendments made in this section. (c) Exemption from Employment Term Limits Under the Peace Corps Act \n(1) In General \nSection 7 of the Peace Corps Act ( 22 U.S.C. 2506 ) is amended— (A) by redesignating subsection (c) as subsection (b); and (B) by adding at the end the following new subsection: (c) The provisions of this section that limit the duration of service, appointment, or assignment of individuals shall not apply to— (1) the Inspector General of the Peace Corps; (2) officers of the Office of the Inspector General of the Peace Corps; (3) any individual whose official duties primarily include the safety and security of Peace Corps volunteers or employees; (4) the head of the office responsible for medical services of the Peace Corps; or (5) any health care professional within the office responsible for medical services of the Peace Corps.. (2) Conforming Amendment \nThe first proviso of section 15(d)(4) of the Peace Corps Act ( 22 U.S.C. 2514(d)(4) ) is amended by striking 7(c) and inserting 7(b). (d) Compensation \nSection 7 of the Peace Corps Act ( 22 U.S.C. 2506 ), as amended by subsection (c) of this section, is further amended by adding at the end the following new subsection: (d) The Inspector General of the Peace Corps shall be compensated at the rate provided for level IV of the Executive Schedule under section 5315 of title 5, United States Code..",
"id": "HCBE3484BA94A4910BFF1AE88267B083",
"header": "Inspector General of the Peace Corps",
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"text": "(a) Establishment of Independent Inspector General \n(1) In General \nThe Inspector General Act of 1978 (5 U.S.C. App.) is amended— (A) in section 8G(a)(2), by striking , the Peace Corps ; (B) in section 9(a)(1), by adding at the end the following new subparagraph: (X) of the Peace Corps, the office of that agency referred to as the Office of Inspector General ; and ; and (C) in section 11— (i) in paragraph (1), by striking or the Office of Personnel Management and inserting the Office of Personnel Management, or the Peace Corps ; and (ii) in paragraph (2), by inserting , the Peace Corps after the Office of Personnel Management. (2) Technical Amendment \nSection 9(a)(1)(U) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking and at the end.",
"id": "H22C70CF1BA414ACAA1801FE370716BE3",
"header": "Establishment of Independent Inspector General",
"nested": [],
"links": []
},
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"text": "(b) Temporary Appointment \nThe Director of the Peace Corps may appoint an individual to assume the powers and duties of the Inspector General of the Peace Corps under the Inspector General Act of 1978 (5 U.S.C. App.) on an interim basis until such time as a person is appointed by the President, by and with the advice and consent of the Senate, pursuant to the amendments made in this section.",
"id": "HB0574B8C1BE040D4940001A7D5DBDF28",
"header": "Temporary Appointment",
"nested": [],
"links": []
},
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"text": "(c) Exemption from Employment Term Limits Under the Peace Corps Act \n(1) In General \nSection 7 of the Peace Corps Act ( 22 U.S.C. 2506 ) is amended— (A) by redesignating subsection (c) as subsection (b); and (B) by adding at the end the following new subsection: (c) The provisions of this section that limit the duration of service, appointment, or assignment of individuals shall not apply to— (1) the Inspector General of the Peace Corps; (2) officers of the Office of the Inspector General of the Peace Corps; (3) any individual whose official duties primarily include the safety and security of Peace Corps volunteers or employees; (4) the head of the office responsible for medical services of the Peace Corps; or (5) any health care professional within the office responsible for medical services of the Peace Corps.. (2) Conforming Amendment \nThe first proviso of section 15(d)(4) of the Peace Corps Act ( 22 U.S.C. 2514(d)(4) ) is amended by striking 7(c) and inserting 7(b).",
"id": "H747D37C5165F4B50A1CF7853539DB000",
"header": "Exemption from Employment Term Limits Under the Peace Corps Act",
"nested": [],
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"text": "22 U.S.C. 2506",
"legal-doc": "usc",
"parsable-cite": "usc/22/2506"
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"text": "22 U.S.C. 2514(d)(4)",
"legal-doc": "usc",
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"text": "(d) Compensation \nSection 7 of the Peace Corps Act ( 22 U.S.C. 2506 ), as amended by subsection (c) of this section, is further amended by adding at the end the following new subsection: (d) The Inspector General of the Peace Corps shall be compensated at the rate provided for level IV of the Executive Schedule under section 5315 of title 5, United States Code..",
"id": "H97A269A9A2E04208BA3BF352F36B2EC0",
"header": "Compensation",
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"text": "22 U.S.C. 2506",
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"text": "22 U.S.C. 2506",
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"text": "22 U.S.C. 2506",
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"text": "section 5315",
"legal-doc": "usc",
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}
] | 8 | 1. Short Title
This Act may be cited as the Health, Safety, and Security of Peace Corps Volunteers Act of 2004. 2. Ombudsman of the Peace Corps
The Peace Corps Act ( 22 U.S.C. 2501 et seq. ) is amended by inserting after section 4 the following new section: 4A. Ombudsman of the Peace Corps
(a) Establishment
There is established in the Peace Corps the Office of the Ombudsman of the Peace Corps (hereinafter in this section referred to as the Office ). The Office shall be headed by the Ombudsman of the Peace Corps (hereinafter in this section referred to as the Ombudsman ), who shall be appointed by and report directly to the Director of the Peace Corps. (b) Volunteer Complaints and Other Matters
The Ombudsman shall receive and, as appropriate, inquire into complaints, questions, or concerns submitted by current or former volunteers regarding services or support provided by the Peace Corps to its volunteers, including matters pertaining to— (1) the safety and security of volunteers; (2) due process, including processes relating to separation from the Peace Corps; (3) benefits and assistance that may be due to current or former volunteers; (4) medical or other health-related assistance; and (5) access to files and records of current or former volunteers. (c) Employee Complaints and Other Matters
The Ombudsman shall receive and, as appropriate, inquire into complaints, questions, or concerns submitted by current or former employees of the Peace Corps on any matters of grievance. (d) Additional Duties
The Ombudsman shall— (1) recommend responses to individual matters received under subsections (b) and (c); (2) make recommendations for administrative or regulatory adjustments to address recurring problems or other difficulties of the Peace Corps; (3) identify systemic issues that relate to the practices, policies, and administrative procedures of the Peace Corps affecting volunteers and employees; and (4) call attention to problems not yet adequately considered by the Peace Corps. (e) Standards of Operation
The Ombudsman shall carry out the duties under this section in a manner that is— (1) independent, impartial in the conduct of inquiries, and confidential; and (2) consistent with the revised Standards for the Establishment and Operation of Ombudsman Offices (August 2003) as endorsed by the American Bar Association. (f) Involvement in Matters Subject to Ongoing Adjudication, Litigation, or Investigation
The Ombudsman shall refrain from any involvement in the merits of individual matters that are the subject of ongoing adjudication or litigation, or investigations related to such adjudication or litigation. (g) Reports
(1) In General
Not later than 180 days after the date of the enactment of this section, and semiannually thereafter, the Ombudsman shall submit to the Director of the Peace Corps, the Chair of the Peace Corps National Advisory Council, and Congress a report containing a summary of— (A) the complaints, questions, and concerns considered by the Ombudsman; (B) the inquiries completed by the Ombudsman; (C) recommendations for action with respect to such complaints, questions, concerns, or inquiries; and (D) any other matters that the Ombudsman considers relevant. (2) Confidentiality
Each report submitted under paragraph (1) shall maintain confidentiality on any matter that the Ombudsman considers appropriate in accordance with subsection (e). (h) Definition
In this section, the term employee means an employee of the Peace Corps, an employee of the Office of Inspector General of the Peace Corps, an individual appointed or assigned under the Foreign Service Act of 1980 ( 22 U.S.C. 3901 et seq. ) to carry out functions under this Act, or an individual subject to a personal services contract with the Peace Corps.. 4A. Ombudsman of the Peace Corps
(a) Establishment
There is established in the Peace Corps the Office of the Ombudsman of the Peace Corps (hereinafter in this section referred to as the Office ). The Office shall be headed by the Ombudsman of the Peace Corps (hereinafter in this section referred to as the Ombudsman ), who shall be appointed by and report directly to the Director of the Peace Corps. (b) Volunteer Complaints and Other Matters
The Ombudsman shall receive and, as appropriate, inquire into complaints, questions, or concerns submitted by current or former volunteers regarding services or support provided by the Peace Corps to its volunteers, including matters pertaining to— (1) the safety and security of volunteers; (2) due process, including processes relating to separation from the Peace Corps; (3) benefits and assistance that may be due to current or former volunteers; (4) medical or other health-related assistance; and (5) access to files and records of current or former volunteers. (c) Employee Complaints and Other Matters
The Ombudsman shall receive and, as appropriate, inquire into complaints, questions, or concerns submitted by current or former employees of the Peace Corps on any matters of grievance. (d) Additional Duties
The Ombudsman shall— (1) recommend responses to individual matters received under subsections (b) and (c); (2) make recommendations for administrative or regulatory adjustments to address recurring problems or other difficulties of the Peace Corps; (3) identify systemic issues that relate to the practices, policies, and administrative procedures of the Peace Corps affecting volunteers and employees; and (4) call attention to problems not yet adequately considered by the Peace Corps. (e) Standards of Operation
The Ombudsman shall carry out the duties under this section in a manner that is— (1) independent, impartial in the conduct of inquiries, and confidential; and (2) consistent with the revised Standards for the Establishment and Operation of Ombudsman Offices (August 2003) as endorsed by the American Bar Association. (f) Involvement in Matters Subject to Ongoing Adjudication, Litigation, or Investigation
The Ombudsman shall refrain from any involvement in the merits of individual matters that are the subject of ongoing adjudication or litigation, or investigations related to such adjudication or litigation. (g) Reports
(1) In General
Not later than 180 days after the date of the enactment of this section, and semiannually thereafter, the Ombudsman shall submit to the Director of the Peace Corps, the Chair of the Peace Corps National Advisory Council, and Congress a report containing a summary of— (A) the complaints, questions, and concerns considered by the Ombudsman; (B) the inquiries completed by the Ombudsman; (C) recommendations for action with respect to such complaints, questions, concerns, or inquiries; and (D) any other matters that the Ombudsman considers relevant. (2) Confidentiality
Each report submitted under paragraph (1) shall maintain confidentiality on any matter that the Ombudsman considers appropriate in accordance with subsection (e). (h) Definition
In this section, the term employee means an employee of the Peace Corps, an employee of the Office of Inspector General of the Peace Corps, an individual appointed or assigned under the Foreign Service Act of 1980 ( 22 U.S.C. 3901 et seq. ) to carry out functions under this Act, or an individual subject to a personal services contract with the Peace Corps. 3. Office of Safety and Security of the Peace Corps
The Peace Corps Act ( 22 U.S.C. 2501 et seq. ), as amended by section 2 of this Act, is further amended by inserting after section 4A the following new section: 4B. Office of Safety and Security of the Peace Corps
(a) Establishment
There is established in the Peace Corps the Office of Safety and Security of the Peace Corps (hereinafter in this section referred to as the Office ). The Office shall be headed by the Associate Director of Safety and Security of the Peace Corps, who shall be appointed by and report directly to the Director of the Peace Corps. (b) Responsibilities
The Office established under subsection (a) shall be responsible for all safety and security activities of the Peace Corps, including background checks of volunteers and staff, safety and security of volunteers and staff (including training), safety and security of facilities, security of information technology, and other responsibilities as required by the Director. (c) Sense of Congress
It is the sense of Congress that— (1) the Associate Director of Safety and Security of the Peace Corps, as appointed pursuant to subsection (a) of this section, should assign a Peace Corps country security coordinator for each country where the Peace Corps has a program of volunteer service for the purposes of carrying out the field responsibilities of the Office established under subsection (a); and (2) each country security coordinator— (A) should be under the supervision of the Peace Corps country director in each such country; (B) should report directly to the Associate Director of Safety and Security of the Peace Corps, as appointed pursuant to subsection (a) of this section, on all matters of importance as the country security coordinator considers necessary; (C) should be responsible for coordinating with the regional security officer of the Peace Corps responsible for the country to which such country security officer is assigned; and (D) should be a United States citizen who has access to information, including classified information, relating to the possible threats against Peace Corps volunteers.. 4B. Office of Safety and Security of the Peace Corps
(a) Establishment
There is established in the Peace Corps the Office of Safety and Security of the Peace Corps (hereinafter in this section referred to as the Office ). The Office shall be headed by the Associate Director of Safety and Security of the Peace Corps, who shall be appointed by and report directly to the Director of the Peace Corps. (b) Responsibilities
The Office established under subsection (a) shall be responsible for all safety and security activities of the Peace Corps, including background checks of volunteers and staff, safety and security of volunteers and staff (including training), safety and security of facilities, security of information technology, and other responsibilities as required by the Director. (c) Sense of Congress
It is the sense of Congress that— (1) the Associate Director of Safety and Security of the Peace Corps, as appointed pursuant to subsection (a) of this section, should assign a Peace Corps country security coordinator for each country where the Peace Corps has a program of volunteer service for the purposes of carrying out the field responsibilities of the Office established under subsection (a); and (2) each country security coordinator— (A) should be under the supervision of the Peace Corps country director in each such country; (B) should report directly to the Associate Director of Safety and Security of the Peace Corps, as appointed pursuant to subsection (a) of this section, on all matters of importance as the country security coordinator considers necessary; (C) should be responsible for coordinating with the regional security officer of the Peace Corps responsible for the country to which such country security officer is assigned; and (D) should be a United States citizen who has access to information, including classified information, relating to the possible threats against Peace Corps volunteers. 4. Office of Medical Services of the Peace Corps
(a) Report on Medical Screening and Placement Coordination
Not later than 120 days after the date of the enactment of this Act, the Director of the Peace Corps shall submit to the appropriate congressional committees a report that— (1) describes the medical screening procedures and guidelines used by the office responsible for medical services of the Peace Corps to determine whether an applicant for Peace Corps service has worldwide clearance, limited clearance, a deferral period, or is not medically, including psychologically, qualified to serve in the Peace Corps as a volunteer; (2) describes the procedures and guidelines used by the Peace Corps to ensure that applicants for Peace Corps service are matched with a host country where the applicant, reasonable accommodations notwithstanding, can complete at least two years of volunteer service without interruption due to foreseeable medical conditions; and (3) with respect to each of the fiscal years 2000 through 2003 and the first six months of fiscal year 2004, states the number of— (A) medical screenings of applicants conducted; (B) applicants who have received worldwide clearance, limited clearance, deferral periods, and medical disqualifications to serve; (C) appeals to the Medical Screening Review Board of the Peace Corps and the number of times that an initial screening decision was upheld; (D) requests to the head of the office responsible for medical services of the Peace Corps for reconsideration of a decision of the Medical Screening Review Board and the number of times that the decision of the Medical Screening Review Board was upheld by the head of such office; (E) Peace Corps volunteers who became medically qualified to serve because of a decision of the Medical Screening Review Board and who were later evacuated or terminated their service early due to medical reasons; (F) Peace Corps volunteers who became medically qualified to serve because of a decision of the head of the office responsible for medical services of the Peace Corps and who were later evacuated or terminated their service early due to medical reasons; (G) Peace Corps volunteers who the agency has had to separate from service due to the discovery of undisclosed medical information; and (H) Peace Corps volunteers who have terminated their service early due to medical, including psychological, reasons. (b) Definition
In subsection (a), the term appropriate congressional committees means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate. (c) Full Time Director of Medical Services
Section 4(c) of the Peace Corps Act ( 22 U.S.C. 2503(c) ) is amended by adding at the end the following new paragraph: (5) The Director of the Peace Corps shall ensure that the head of the office responsible for medical services of the Peace Corps does not occupy any other position in the Peace Corps.. 5. Reports on the Five Year Rule and on Work Assignments of Volunteers of the Peace Corps
(a) Report by the Comptroller General
(1) In general
Not later than one year after the date of enactment of this Act, the Comptroller General shall submit to the appropriate congressional committees a report on the effects of the limitation on the duration of employment, appointment, or assignment of officers and employees of the Peace Corps under section 7 of the Peace Corps Act ( 22 U.S.C. 2506 ) on the ability of the Peace Corps to effectively manage Peace Corps operations. (2) Contents
The report described in paragraph (1) shall include— (A) a description of such limitation; (B) a description of the history of such limitation and the purposes for which it was enacted and amended; (C) an analysis of the impact of such limitation on the ability of the Peace Corps to recruit capable volunteers, establish productive and worthwhile assignments for volunteers, provide for the health, safety, and security of volunteers, and, as declared in section 2(a) of the Peace Corps Act ( 22 U.S.C. 2501(a) ), promote a better understanding of the American people on the part of the peoples served and a better understanding of other peoples on the part of the American people ; (D) an assessment of whether the application of such limitation has accomplished the objectives for which it was intended; and (E) recommendations, if any, for legislation to amend provisions of the Peace Corps Act relating to such limitation. (b) Report on Work Assignments of Volunteers
(1) In general
Not later than 180 days after the date of the enactment of this Act, the Director of the Peace Corps shall submit to the appropriate congressional committees a report on the extent to which the work assignments of Peace Corps volunteers fulfill the commitment of the Peace Corps to ensuring that such assignments are well developed, with clear roles and expectations, and that volunteers are well-suited for their assignments. (2) Contents
The report described in paragraph (1) shall include— (A) an assessment of the extent to which agreements between the Peace Corps and host countries delineate clear roles for volunteers in assisting host governments to advance their national development strategies; (B) an assessment of the extent to which the Peace Corps recruits volunteers who have skills that correlate with the expectations cited in the country agreements and assigns such volunteers to such posts; (C) a description of procedures for determining volunteer work assignments and minimum standards for such assignments; (D) a volunteer survey on health, safety, and security issues as well as satisfaction surveys which will have been conducted after the date of the enactment of this Act; and (E) an assessment of the plan of the Peace Corps to increase the number of volunteers who are assigned to projects in sub-Saharan Africa, Asia, and the Western Hemisphere, particularly among communities of African descent within countries in the Western Hemisphere, which help combat HIV/AIDS and other global infectious diseases. (c) Definition
In this section, the term appropriate congressional committees means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate. 6. Inspector General of the Peace Corps
(a) Establishment of Independent Inspector General
(1) In General
The Inspector General Act of 1978 (5 U.S.C. App.) is amended— (A) in section 8G(a)(2), by striking , the Peace Corps ; (B) in section 9(a)(1), by adding at the end the following new subparagraph: (X) of the Peace Corps, the office of that agency referred to as the Office of Inspector General ; and ; and (C) in section 11— (i) in paragraph (1), by striking or the Office of Personnel Management and inserting the Office of Personnel Management, or the Peace Corps ; and (ii) in paragraph (2), by inserting , the Peace Corps after the Office of Personnel Management. (2) Technical Amendment
Section 9(a)(1)(U) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking and at the end. (b) Temporary Appointment
The Director of the Peace Corps may appoint an individual to assume the powers and duties of the Inspector General of the Peace Corps under the Inspector General Act of 1978 (5 U.S.C. App.) on an interim basis until such time as a person is appointed by the President, by and with the advice and consent of the Senate, pursuant to the amendments made in this section. (c) Exemption from Employment Term Limits Under the Peace Corps Act
(1) In General
Section 7 of the Peace Corps Act ( 22 U.S.C. 2506 ) is amended— (A) by redesignating subsection (c) as subsection (b); and (B) by adding at the end the following new subsection: (c) The provisions of this section that limit the duration of service, appointment, or assignment of individuals shall not apply to— (1) the Inspector General of the Peace Corps; (2) officers of the Office of the Inspector General of the Peace Corps; (3) any individual whose official duties primarily include the safety and security of Peace Corps volunteers or employees; (4) the head of the office responsible for medical services of the Peace Corps; or (5) any health care professional within the office responsible for medical services of the Peace Corps.. (2) Conforming Amendment
The first proviso of section 15(d)(4) of the Peace Corps Act ( 22 U.S.C. 2514(d)(4) ) is amended by striking 7(c) and inserting 7(b). (d) Compensation
Section 7 of the Peace Corps Act ( 22 U.S.C. 2506 ), as amended by subsection (c) of this section, is further amended by adding at the end the following new subsection: (d) The Inspector General of the Peace Corps shall be compensated at the rate provided for level IV of the Executive Schedule under section 5315 of title 5, United States Code.. | 20,301 | [
"Foreign Relations Committee",
"Oversight and Accountability Committee",
"Foreign Affairs Committee"
] |
108hr4767ih | 108 | hr | 4,767 | ih | To amend the Internal Revenue Code of 1986 to triple the amount of the credit allowed for basic research. | [
{
"text": "1. Increase in amount of credit for basic research \n(a) In general \nParagraph (2) of section 41(a) of the Internal Revenue Code of 1986 (relating to general rule for credit for increasing research activities) is amended by striking 20 percent and inserting 60 percent. (b) Effective date \nThe amendment made by subsection (a) shall apply to taxable years beginning after the date of the enactment of this Act.",
"id": "H19EEA8817EB7481AA4E0135F097F58DD",
"header": "Increase in amount of credit for basic research",
"nested": [
{
"text": "(a) In general \nParagraph (2) of section 41(a) of the Internal Revenue Code of 1986 (relating to general rule for credit for increasing research activities) is amended by striking 20 percent and inserting 60 percent.",
"id": "H168F7E05246C479E9E18CF30006CC8A8",
"header": "In general",
"nested": [],
"links": [
{
"text": "section 41(a)",
"legal-doc": "usc",
"parsable-cite": "usc/26/41"
}
]
},
{
"text": "(b) Effective date \nThe amendment made by subsection (a) shall apply to taxable years beginning after the date of the enactment of this Act.",
"id": "HAAA1209EBE5A47D5A3A28275B55CE1FA",
"header": "Effective date",
"nested": [],
"links": []
}
],
"links": [
{
"text": "section 41(a)",
"legal-doc": "usc",
"parsable-cite": "usc/26/41"
}
]
}
] | 1 | 1. Increase in amount of credit for basic research
(a) In general
Paragraph (2) of section 41(a) of the Internal Revenue Code of 1986 (relating to general rule for credit for increasing research activities) is amended by striking 20 percent and inserting 60 percent. (b) Effective date
The amendment made by subsection (a) shall apply to taxable years beginning after the date of the enactment of this Act. | 409 | [
"Ways and Means Committee"
] |
108hr5263ih | 108 | hr | 5,263 | ih | To amend the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 to require that, in order to determine that a democratically elected government in Cuba exists, the government extradite to the United States convicted felon William Morales and all other individuals who are living in Cuba in order to escape prosecution or confinement for criminal offenses committed in the United States. | [
{
"text": "1. Amendment to Libertad Act \nSection 206 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 ( 22 U.S.C. 6066 ) is amended— (1) in paragraph (5), by striking and after the semicolon; (2) in paragraph (6), by striking the period and inserting ; and ; and (3) by adding at the end the following: (7) has proven its respect for the democratic rule of law by ceasing to provide a safe harbor to individuals who have been legally indicted or convicted of serious criminal offenses, including convicted felon William Morales, and all other individuals who have fled from the United States to Cuba for the sole purpose of avoiding prosecution or confinement for serious criminal offenses committed in the United States..",
"id": "H9D02D5E803E64FA6AF37F4F9FF954C2E",
"header": "Amendment to Libertad Act",
"nested": [],
"links": [
{
"text": "22 U.S.C. 6066",
"legal-doc": "usc",
"parsable-cite": "usc/22/6066"
}
]
}
] | 1 | 1. Amendment to Libertad Act
Section 206 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 ( 22 U.S.C. 6066 ) is amended— (1) in paragraph (5), by striking and after the semicolon; (2) in paragraph (6), by striking the period and inserting ; and ; and (3) by adding at the end the following: (7) has proven its respect for the democratic rule of law by ceasing to provide a safe harbor to individuals who have been legally indicted or convicted of serious criminal offenses, including convicted felon William Morales, and all other individuals who have fled from the United States to Cuba for the sole purpose of avoiding prosecution or confinement for serious criminal offenses committed in the United States.. | 732 | [
"Foreign Affairs Committee"
] |
108hr5246ih | 108 | hr | 5,246 | ih | To amend title 18, United States Code, with respect to voter intimidation, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the Voter Protection Act of 2004.",
"id": "H3049AC9D7A4C4530BE3C75001B06A5D7",
"header": "Short title",
"nested": [],
"links": []
},
{
"text": "2. Voter protection \n(a) In general \nChapter 13 of title 18, United States Code, is amended by adding at the end the following: 249. Interfering with voting through misrepresentation \nWhoever willfully provides misleading or fraudulent information to an individual and thereby interferes with that individual’s voting or qualifying to vote, qualifying or campaigning as a candidate for elective office, or qualifying or acting as a poll watcher, or any legally authorized election official, in any primary, special, or general election, shall be fined under this title or imprisoned not more than one year, or both.. (b) Clerical amendment \nThe table of sections at the beginning of chapter 13 of title 18, United States Code, is amended by adding at the end the following new item: 249. Interfering with voting through misrepresentation.",
"id": "H0A7F1E24187B4E99BEEBF1EAE888542",
"header": "Voter protection",
"nested": [
{
"text": "(a) In general \nChapter 13 of title 18, United States Code, is amended by adding at the end the following: 249. Interfering with voting through misrepresentation \nWhoever willfully provides misleading or fraudulent information to an individual and thereby interferes with that individual’s voting or qualifying to vote, qualifying or campaigning as a candidate for elective office, or qualifying or acting as a poll watcher, or any legally authorized election official, in any primary, special, or general election, shall be fined under this title or imprisoned not more than one year, or both..",
"id": "HE6D62E5E028C42549EFD5600E924286D",
"header": "In general",
"nested": [],
"links": [
{
"text": "Chapter 13",
"legal-doc": "usc-chapter",
"parsable-cite": "usc-chapter/18/13"
}
]
},
{
"text": "(b) Clerical amendment \nThe table of sections at the beginning of chapter 13 of title 18, United States Code, is amended by adding at the end the following new item: 249. Interfering with voting through misrepresentation.",
"id": "HC33FABD355974F3299607674821FF935",
"header": "Clerical amendment",
"nested": [],
"links": [
{
"text": "chapter 13",
"legal-doc": "usc-chapter",
"parsable-cite": "usc-chapter/18/13"
}
]
}
],
"links": [
{
"text": "Chapter 13",
"legal-doc": "usc-chapter",
"parsable-cite": "usc-chapter/18/13"
},
{
"text": "chapter 13",
"legal-doc": "usc-chapter",
"parsable-cite": "usc-chapter/18/13"
}
]
},
{
"text": "249. Interfering with voting through misrepresentation \nWhoever willfully provides misleading or fraudulent information to an individual and thereby interferes with that individual’s voting or qualifying to vote, qualifying or campaigning as a candidate for elective office, or qualifying or acting as a poll watcher, or any legally authorized election official, in any primary, special, or general election, shall be fined under this title or imprisoned not more than one year, or both.",
"id": "HD363B358A6914ED99E5F35F3D2D70C0",
"header": "Interfering with voting through misrepresentation",
"nested": [],
"links": []
}
] | 3 | 1. Short title
This Act may be cited as the Voter Protection Act of 2004. 2. Voter protection
(a) In general
Chapter 13 of title 18, United States Code, is amended by adding at the end the following: 249. Interfering with voting through misrepresentation
Whoever willfully provides misleading or fraudulent information to an individual and thereby interferes with that individual’s voting or qualifying to vote, qualifying or campaigning as a candidate for elective office, or qualifying or acting as a poll watcher, or any legally authorized election official, in any primary, special, or general election, shall be fined under this title or imprisoned not more than one year, or both.. (b) Clerical amendment
The table of sections at the beginning of chapter 13 of title 18, United States Code, is amended by adding at the end the following new item: 249. Interfering with voting through misrepresentation. 249. Interfering with voting through misrepresentation
Whoever willfully provides misleading or fraudulent information to an individual and thereby interferes with that individual’s voting or qualifying to vote, qualifying or campaigning as a candidate for elective office, or qualifying or acting as a poll watcher, or any legally authorized election official, in any primary, special, or general election, shall be fined under this title or imprisoned not more than one year, or both. | 1,401 | [
"Judiciary Committee"
] |
108hr4175ih | 108 | hr | 4,175 | ih | To increase, effective as of December 1, 2004, the rates of disability compensation for veterans with service-connected disabilities and the rates of dependency and indemnity compensation for survivors of certain service-connected disabled veterans, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as.",
"id": "HB8B42A0C9A1E4AF782A5AB483DFA2089",
"header": "Short title",
"nested": [],
"links": []
},
{
"text": "2. Increase in rates of disability compensation and dependency and indemnity compensation \n(a) Rate adjustment \nThe Secretary of Veterans Affairs shall, effective on December 1, 2004, increase the dollar amounts in effect for the payment of disability compensation and dependency and indemnity compensation by the Secretary, as specified in subsection (b). (b) Amounts to be increased \nThe dollar amounts to be increased pursuant to subsection (a) are the following: (1) Compensation \nEach of the dollar amounts in effect under section 1114 of title 38, United States Code. (2) Additional compensation for dependents \nEach of the dollar amounts in effect under section 1115(1) of such title. (3) Clothing allowance \nThe dollar amount in effect under section 1162 of such title. (4) New Dic rates \nThe dollar amounts in effect under paragraphs (1) and (2) of section 1311(a) of such title. (5) Old Dic rates \nEach of the dollar amounts in effect under section 1311(a)(3) of such title. (6) Additional Dic for surviving spouses with minor children \nThe dollar amount in effect under section 1311(b) of such title. (7) Additional Dic for disability \nThe dollar amounts in effect under sections 1311(c) and 1311(d) of such title. (8) DIC for dependent children \nThe dollar amounts in effect under sections 1313(a) and 1314 of such title. (c) Determination of increase \n(1) The increase under subsection (a) shall be made in the dollar amounts specified in subsection (b) as in effect on November 30, 2004. (2) Except as provided in paragraph (3), each such amount shall be increased by the same percentage as the percentage by which benefit amounts payable under title II of the Social Security Act ( 42 U.S.C. 401 et seq. ) are increased effective December 1, 2004, as a result of a determination under section 215(i) of such Act ( 42 U.S.C. 415(i) ). (3) Each dollar amount increased pursuant to paragraph (2) shall, if not a whole dollar amount, be rounded down to the next lower whole dollar amount. (d) Special rule \nThe Secretary may adjust administratively, consistent with the increases made under subsection (a), the rates of disability compensation payable to persons within the purview of section 10 of Public Law 85–857 (72 Stat. 1263) who are not in receipt of compensation payable pursuant to chapter 11 of title 38, United States Code.",
"id": "HD3D04BBD66B3481987342BE9D5500CB",
"header": "Increase in rates of disability compensation and dependency and indemnity compensation",
"nested": [
{
"text": "(a) Rate adjustment \nThe Secretary of Veterans Affairs shall, effective on December 1, 2004, increase the dollar amounts in effect for the payment of disability compensation and dependency and indemnity compensation by the Secretary, as specified in subsection (b).",
"id": "HE8AD0791A8D5481FB604A14DA5D25ED",
"header": "Rate adjustment",
"nested": [],
"links": []
},
{
"text": "(b) Amounts to be increased \nThe dollar amounts to be increased pursuant to subsection (a) are the following: (1) Compensation \nEach of the dollar amounts in effect under section 1114 of title 38, United States Code. (2) Additional compensation for dependents \nEach of the dollar amounts in effect under section 1115(1) of such title. (3) Clothing allowance \nThe dollar amount in effect under section 1162 of such title. (4) New Dic rates \nThe dollar amounts in effect under paragraphs (1) and (2) of section 1311(a) of such title. (5) Old Dic rates \nEach of the dollar amounts in effect under section 1311(a)(3) of such title. (6) Additional Dic for surviving spouses with minor children \nThe dollar amount in effect under section 1311(b) of such title. (7) Additional Dic for disability \nThe dollar amounts in effect under sections 1311(c) and 1311(d) of such title. (8) DIC for dependent children \nThe dollar amounts in effect under sections 1313(a) and 1314 of such title.",
"id": "H5CFA584A3EDC4CB68076EE770031AC98",
"header": "Amounts to be increased",
"nested": [],
"links": [
{
"text": "section 1114",
"legal-doc": "usc",
"parsable-cite": "usc/38/1114"
}
]
},
{
"text": "(c) Determination of increase \n(1) The increase under subsection (a) shall be made in the dollar amounts specified in subsection (b) as in effect on November 30, 2004. (2) Except as provided in paragraph (3), each such amount shall be increased by the same percentage as the percentage by which benefit amounts payable under title II of the Social Security Act ( 42 U.S.C. 401 et seq. ) are increased effective December 1, 2004, as a result of a determination under section 215(i) of such Act ( 42 U.S.C. 415(i) ). (3) Each dollar amount increased pursuant to paragraph (2) shall, if not a whole dollar amount, be rounded down to the next lower whole dollar amount.",
"id": "H2FB214A1A6E943C1B1ED1F0A28EC187",
"header": "Determination of increase",
"nested": [],
"links": [
{
"text": "42 U.S.C. 401 et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/42/401"
},
{
"text": "42 U.S.C. 415(i)",
"legal-doc": "usc",
"parsable-cite": "usc/42/415"
}
]
},
{
"text": "(d) Special rule \nThe Secretary may adjust administratively, consistent with the increases made under subsection (a), the rates of disability compensation payable to persons within the purview of section 10 of Public Law 85–857 (72 Stat. 1263) who are not in receipt of compensation payable pursuant to chapter 11 of title 38, United States Code.",
"id": "HCB13A9BE3D39489384711F600543DEFB",
"header": "Special rule",
"nested": [],
"links": [
{
"text": "Public Law 85–857",
"legal-doc": "public-law",
"parsable-cite": "pl/85/857"
},
{
"text": "chapter 11",
"legal-doc": "usc-chapter",
"parsable-cite": "usc-chapter/38/11"
}
]
}
],
"links": [
{
"text": "section 1114",
"legal-doc": "usc",
"parsable-cite": "usc/38/1114"
},
{
"text": "42 U.S.C. 401 et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/42/401"
},
{
"text": "42 U.S.C. 415(i)",
"legal-doc": "usc",
"parsable-cite": "usc/42/415"
},
{
"text": "Public Law 85–857",
"legal-doc": "public-law",
"parsable-cite": "pl/85/857"
},
{
"text": "chapter 11",
"legal-doc": "usc-chapter",
"parsable-cite": "usc-chapter/38/11"
}
]
},
{
"text": "3. Publication of adjusted rates \nAt the same time as the matters specified in section 215(i)(2)(D) of the Social Security Act ( 42 U.S.C. 415(i)(2)(D) ) are required to be published by reason of a determination made under section 215(i) of such Act during fiscal year 2005, the Secretary of Veterans Affairs shall publish in the Federal Register the amounts specified in subsection (b) of section 2, as increased pursuant to that section.",
"id": "H78C69356C8AB483E954799AD55B8BA4B",
"header": "Publication of adjusted rates",
"nested": [],
"links": [
{
"text": "42 U.S.C. 415(i)(2)(D)",
"legal-doc": "usc",
"parsable-cite": "usc/42/415"
}
]
}
] | 3 | 1. Short title
This Act may be cited as. 2. Increase in rates of disability compensation and dependency and indemnity compensation
(a) Rate adjustment
The Secretary of Veterans Affairs shall, effective on December 1, 2004, increase the dollar amounts in effect for the payment of disability compensation and dependency and indemnity compensation by the Secretary, as specified in subsection (b). (b) Amounts to be increased
The dollar amounts to be increased pursuant to subsection (a) are the following: (1) Compensation
Each of the dollar amounts in effect under section 1114 of title 38, United States Code. (2) Additional compensation for dependents
Each of the dollar amounts in effect under section 1115(1) of such title. (3) Clothing allowance
The dollar amount in effect under section 1162 of such title. (4) New Dic rates
The dollar amounts in effect under paragraphs (1) and (2) of section 1311(a) of such title. (5) Old Dic rates
Each of the dollar amounts in effect under section 1311(a)(3) of such title. (6) Additional Dic for surviving spouses with minor children
The dollar amount in effect under section 1311(b) of such title. (7) Additional Dic for disability
The dollar amounts in effect under sections 1311(c) and 1311(d) of such title. (8) DIC for dependent children
The dollar amounts in effect under sections 1313(a) and 1314 of such title. (c) Determination of increase
(1) The increase under subsection (a) shall be made in the dollar amounts specified in subsection (b) as in effect on November 30, 2004. (2) Except as provided in paragraph (3), each such amount shall be increased by the same percentage as the percentage by which benefit amounts payable under title II of the Social Security Act ( 42 U.S.C. 401 et seq. ) are increased effective December 1, 2004, as a result of a determination under section 215(i) of such Act ( 42 U.S.C. 415(i) ). (3) Each dollar amount increased pursuant to paragraph (2) shall, if not a whole dollar amount, be rounded down to the next lower whole dollar amount. (d) Special rule
The Secretary may adjust administratively, consistent with the increases made under subsection (a), the rates of disability compensation payable to persons within the purview of section 10 of Public Law 85–857 (72 Stat. 1263) who are not in receipt of compensation payable pursuant to chapter 11 of title 38, United States Code. 3. Publication of adjusted rates
At the same time as the matters specified in section 215(i)(2)(D) of the Social Security Act ( 42 U.S.C. 415(i)(2)(D) ) are required to be published by reason of a determination made under section 215(i) of such Act during fiscal year 2005, the Secretary of Veterans Affairs shall publish in the Federal Register the amounts specified in subsection (b) of section 2, as increased pursuant to that section. | 2,828 | [
"Veterans' Affairs Committee",
"Veterans' Affairs Committee"
] |
108hr4490ih | 108 | hr | 4,490 | ih | To provide for acquisition of subsurface mineral rights to land owned by the Pascua Yaqui Tribe and land held in trust for the Tribe, and for other purposes. | [
{
"text": "1. Definitions \nFor the purposes of this Act, the following definitions apply: (1) Secretary \nThe term Secretary means the Secretary of the Interior. (2) State \nThe term State means the State of Arizona. (3) Tribe \nThe term Tribe means the Pascua Yaqui Tribe.",
"id": "H7E35865325CE4F1AB6E199B283B9C8D2",
"header": "Definitions",
"nested": [],
"links": []
},
{
"text": "2. Acquisition of subsurface mineral interests from the State for the Tribe \n(a) Acquisition authorized \nThe Secretary shall acquire, by use of the powers of eminent domain, and the Department of Justice is authorized to act on behalf of the Secretary to do so, pursuant to the laws and regulations of the United States governing use of the power of eminent domain, but only with the consent of the State, the following: (1) Any trust mineral estate of the State located beneath the surface estates of the Tribe in land consisting of approximately 436.18 acres in Pima County, Arizona. (2) Any trust mineral estate of the State located beneath the surface estates held in trust for the Tribe in land consisting of approximately 140.18 acres in Pima County, Arizona. (b) Consideration \nSubject to subsection (c), as consideration for the acquisition of subsurface mineral interests by the United States pursuant to subsection (a), the Tribe shall pay to the State an amount equal to the market value of those subsurface mineral interests as determined by— (1) a mineral assessment completed— (A) by a team of mineral specialists agreed upon by the State and the Tribe; and (B) reviewed, and accepted as complete and accurate by a certified review mineral examiner of the Bureau of Land Management; (2) negotiation between the Tribe and the State in order to arrive at a mutually agreed price; or (3) in the event the Tribe and the State cannot arrive at a mutually agreed price, an appraisal report completed in accordance with subsection (d)— (A) by the State and reviewed by the Tribe; and (B) if requested by the Tribe through the Bureau of Indian Affairs, reviewed and accepted as complete and accurate by the Office of the Special Trustee for American Indians in the Department of the Interior. (c) Conditions of acquisition \nThe Secretary may make the acquisition under subsection (a) only if— (1) the payment to the State required under subsection (b) is accepted by the State as full consideration for the subsurface mineral interests acquired by the United States under subsection (a); and (2) the acquisition terminates all right, title, and interest of all parties other than the United States in and to the acquired subsurface mineral interests. (d) Determination of market value \nNotwithstanding any other provision of law, unless State and Tribe shall otherwise agree to a stipulated market value, the value of the subsurface mineral interests acquired by the United States under this section shall be determined in accordance with the Uniform Appraisal Standards for Federal Land Acquisition, as published by the Appraisal Institute in 2000 in cooperation with the Department of Justice. Any appraisal shall be subject to the review and acceptance by the Land Department of the State and the Office of Special Trustee for American Indians in the Department of the Interior. (e) Description of land \nThe exact acreage and legal descriptions of the land and interests in land acquired by the United States under this section shall be determined by surveys that are satisfactory to the Secretary and the State. (f) Additional terms and conditions \nThe Secretary may require such additional terms and conditions in connection with the acquisition of subsurface interests in land under this section as the Secretary considers appropriate to protect the interests of the United States and any valid existing rights.",
"id": "H5F823CC3EA1845519ECC9F91C2254289",
"header": "Acquisition of subsurface mineral interests from the State for the Tribe",
"nested": [
{
"text": "(a) Acquisition authorized \nThe Secretary shall acquire, by use of the powers of eminent domain, and the Department of Justice is authorized to act on behalf of the Secretary to do so, pursuant to the laws and regulations of the United States governing use of the power of eminent domain, but only with the consent of the State, the following: (1) Any trust mineral estate of the State located beneath the surface estates of the Tribe in land consisting of approximately 436.18 acres in Pima County, Arizona. (2) Any trust mineral estate of the State located beneath the surface estates held in trust for the Tribe in land consisting of approximately 140.18 acres in Pima County, Arizona.",
"id": "H2DCFE3E88D474108B61D00D677CE55DC",
"header": "Acquisition authorized",
"nested": [],
"links": []
},
{
"text": "(b) Consideration \nSubject to subsection (c), as consideration for the acquisition of subsurface mineral interests by the United States pursuant to subsection (a), the Tribe shall pay to the State an amount equal to the market value of those subsurface mineral interests as determined by— (1) a mineral assessment completed— (A) by a team of mineral specialists agreed upon by the State and the Tribe; and (B) reviewed, and accepted as complete and accurate by a certified review mineral examiner of the Bureau of Land Management; (2) negotiation between the Tribe and the State in order to arrive at a mutually agreed price; or (3) in the event the Tribe and the State cannot arrive at a mutually agreed price, an appraisal report completed in accordance with subsection (d)— (A) by the State and reviewed by the Tribe; and (B) if requested by the Tribe through the Bureau of Indian Affairs, reviewed and accepted as complete and accurate by the Office of the Special Trustee for American Indians in the Department of the Interior.",
"id": "H77B02C76E12248DD95B321F6BB61DA48",
"header": "Consideration",
"nested": [],
"links": []
},
{
"text": "(c) Conditions of acquisition \nThe Secretary may make the acquisition under subsection (a) only if— (1) the payment to the State required under subsection (b) is accepted by the State as full consideration for the subsurface mineral interests acquired by the United States under subsection (a); and (2) the acquisition terminates all right, title, and interest of all parties other than the United States in and to the acquired subsurface mineral interests.",
"id": "H8252B31A3C7F464FBB5D5F68AAA5554",
"header": "Conditions of acquisition",
"nested": [],
"links": []
},
{
"text": "(d) Determination of market value \nNotwithstanding any other provision of law, unless State and Tribe shall otherwise agree to a stipulated market value, the value of the subsurface mineral interests acquired by the United States under this section shall be determined in accordance with the Uniform Appraisal Standards for Federal Land Acquisition, as published by the Appraisal Institute in 2000 in cooperation with the Department of Justice. Any appraisal shall be subject to the review and acceptance by the Land Department of the State and the Office of Special Trustee for American Indians in the Department of the Interior.",
"id": "H52CC7E5DBFC0445581AB4E26F005995",
"header": "Determination of market value",
"nested": [],
"links": []
},
{
"text": "(e) Description of land \nThe exact acreage and legal descriptions of the land and interests in land acquired by the United States under this section shall be determined by surveys that are satisfactory to the Secretary and the State.",
"id": "H89C49B3EBEB444518342D7CA3BA54123",
"header": "Description of land",
"nested": [],
"links": []
},
{
"text": "(f) Additional terms and conditions \nThe Secretary may require such additional terms and conditions in connection with the acquisition of subsurface interests in land under this section as the Secretary considers appropriate to protect the interests of the United States and any valid existing rights.",
"id": "H664E6FCD70884D9A910061233B3E06CE",
"header": "Additional terms and conditions",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "3. Interests in land taken into trust for the Tribe \n(a) Land transferred \nNotwithstanding any other provision of law, after the Tribe makes the payment described in subsection (b), the Secretary shall take into trust for the benefit of the Tribe the subsurface rights, formerly reserved to the United States, to the approximately 360.23 acres of land located in Pima County, Arizona, the surface rights to which are held in trust for the benefit of the Tribe. (b) Consideration and costs \nThe Tribe shall pay to the Secretary all transaction costs associated with assessment, review, and transfer of the interest in the estate authorized to be taken into trust pursuant to subsection (a). (c) Determination of fair market value \nNotwithstanding any other provision of law, unless the Secretary and the Tribe agree to a stipulated fair market value, the value of the subsurface mineral interests taken into trust under this section shall be determined in accordance with the Uniform Appraisal Standards for Federal Land Acquisition, as published by the Appraisal Institute in 2000 in cooperation with the Department of Justice. (d) Description of land \nThe exact acreage and legal description of the land described in subsection (a) shall be determined by the Secretary.",
"id": "HBF738789A54946868595C67B00641C07",
"header": "Interests in land taken into trust for the Tribe",
"nested": [
{
"text": "(a) Land transferred \nNotwithstanding any other provision of law, after the Tribe makes the payment described in subsection (b), the Secretary shall take into trust for the benefit of the Tribe the subsurface rights, formerly reserved to the United States, to the approximately 360.23 acres of land located in Pima County, Arizona, the surface rights to which are held in trust for the benefit of the Tribe.",
"id": "H731D82407B1C45AA82DCBDB1834919A3",
"header": "Land transferred",
"nested": [],
"links": []
},
{
"text": "(b) Consideration and costs \nThe Tribe shall pay to the Secretary all transaction costs associated with assessment, review, and transfer of the interest in the estate authorized to be taken into trust pursuant to subsection (a).",
"id": "H5A0AD92FC5BF42C9BB894D9317FB3154",
"header": "Consideration and costs",
"nested": [],
"links": []
},
{
"text": "(c) Determination of fair market value \nNotwithstanding any other provision of law, unless the Secretary and the Tribe agree to a stipulated fair market value, the value of the subsurface mineral interests taken into trust under this section shall be determined in accordance with the Uniform Appraisal Standards for Federal Land Acquisition, as published by the Appraisal Institute in 2000 in cooperation with the Department of Justice.",
"id": "HB1BC496D86874BF4B825946108925749",
"header": "Determination of fair market value",
"nested": [],
"links": []
},
{
"text": "(d) Description of land \nThe exact acreage and legal description of the land described in subsection (a) shall be determined by the Secretary.",
"id": "H54E7D8864E1F4021BFEBD226F0430082",
"header": "Description of land",
"nested": [],
"links": []
}
],
"links": []
}
] | 3 | 1. Definitions
For the purposes of this Act, the following definitions apply: (1) Secretary
The term Secretary means the Secretary of the Interior. (2) State
The term State means the State of Arizona. (3) Tribe
The term Tribe means the Pascua Yaqui Tribe. 2. Acquisition of subsurface mineral interests from the State for the Tribe
(a) Acquisition authorized
The Secretary shall acquire, by use of the powers of eminent domain, and the Department of Justice is authorized to act on behalf of the Secretary to do so, pursuant to the laws and regulations of the United States governing use of the power of eminent domain, but only with the consent of the State, the following: (1) Any trust mineral estate of the State located beneath the surface estates of the Tribe in land consisting of approximately 436.18 acres in Pima County, Arizona. (2) Any trust mineral estate of the State located beneath the surface estates held in trust for the Tribe in land consisting of approximately 140.18 acres in Pima County, Arizona. (b) Consideration
Subject to subsection (c), as consideration for the acquisition of subsurface mineral interests by the United States pursuant to subsection (a), the Tribe shall pay to the State an amount equal to the market value of those subsurface mineral interests as determined by— (1) a mineral assessment completed— (A) by a team of mineral specialists agreed upon by the State and the Tribe; and (B) reviewed, and accepted as complete and accurate by a certified review mineral examiner of the Bureau of Land Management; (2) negotiation between the Tribe and the State in order to arrive at a mutually agreed price; or (3) in the event the Tribe and the State cannot arrive at a mutually agreed price, an appraisal report completed in accordance with subsection (d)— (A) by the State and reviewed by the Tribe; and (B) if requested by the Tribe through the Bureau of Indian Affairs, reviewed and accepted as complete and accurate by the Office of the Special Trustee for American Indians in the Department of the Interior. (c) Conditions of acquisition
The Secretary may make the acquisition under subsection (a) only if— (1) the payment to the State required under subsection (b) is accepted by the State as full consideration for the subsurface mineral interests acquired by the United States under subsection (a); and (2) the acquisition terminates all right, title, and interest of all parties other than the United States in and to the acquired subsurface mineral interests. (d) Determination of market value
Notwithstanding any other provision of law, unless State and Tribe shall otherwise agree to a stipulated market value, the value of the subsurface mineral interests acquired by the United States under this section shall be determined in accordance with the Uniform Appraisal Standards for Federal Land Acquisition, as published by the Appraisal Institute in 2000 in cooperation with the Department of Justice. Any appraisal shall be subject to the review and acceptance by the Land Department of the State and the Office of Special Trustee for American Indians in the Department of the Interior. (e) Description of land
The exact acreage and legal descriptions of the land and interests in land acquired by the United States under this section shall be determined by surveys that are satisfactory to the Secretary and the State. (f) Additional terms and conditions
The Secretary may require such additional terms and conditions in connection with the acquisition of subsurface interests in land under this section as the Secretary considers appropriate to protect the interests of the United States and any valid existing rights. 3. Interests in land taken into trust for the Tribe
(a) Land transferred
Notwithstanding any other provision of law, after the Tribe makes the payment described in subsection (b), the Secretary shall take into trust for the benefit of the Tribe the subsurface rights, formerly reserved to the United States, to the approximately 360.23 acres of land located in Pima County, Arizona, the surface rights to which are held in trust for the benefit of the Tribe. (b) Consideration and costs
The Tribe shall pay to the Secretary all transaction costs associated with assessment, review, and transfer of the interest in the estate authorized to be taken into trust pursuant to subsection (a). (c) Determination of fair market value
Notwithstanding any other provision of law, unless the Secretary and the Tribe agree to a stipulated fair market value, the value of the subsurface mineral interests taken into trust under this section shall be determined in accordance with the Uniform Appraisal Standards for Federal Land Acquisition, as published by the Appraisal Institute in 2000 in cooperation with the Department of Justice. (d) Description of land
The exact acreage and legal description of the land described in subsection (a) shall be determined by the Secretary. | 4,954 | [
"Natural Resources Committee"
] |
108hr4156ih | 108 | hr | 4,156 | ih | To improve access to physicians in medically underserved areas. | [
{
"text": "1. WAIVER OF FOREIGN COUNTRY RESIDENCE REQUIREMENT WITH RESPECT TO INTERNATIONAL MEDICAL GRADUATES \n(a) Extension of Deadline \nSection 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 ( 8 U.S.C. 1182 note) (as amended by section 11018 of Public Law 107–273 ) is amended by striking 2004. and inserting 2009.. (b) Designation of Health Professional Shortage Areas by State Agencies \nSection 214(l)(1)(D) of the Immigration and Nationality Act ( 8 U.S.C. 1184(l)(1)(D) ) is amended— (1) by striking professionals, and inserting professionals or in other shortage locations specified by a State department of public health (or its equivalent), ; and (2) by striking in a geographic area designated by the Secretary. and inserting in such a geographic area or other shortage location.. (c) Exemption from H1B Numerical Limitations \nSection 214(l)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1184(l)(2)(A) ) is amended by adding at the end the following: The numerical limitations contained in subsection (g)(1)(A) shall not apply to any alien whose status is changed under the preceding sentence, if the alien obtained a waiver of the 2-year foreign residence requirement upon a request by an interested State agency..",
"id": "H17D766393ED14C4991823548ABFB5CED",
"header": "WAIVER OF FOREIGN COUNTRY RESIDENCE REQUIREMENT WITH RESPECT TO INTERNATIONAL MEDICAL GRADUATES",
"nested": [
{
"text": "(a) Extension of Deadline \nSection 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 ( 8 U.S.C. 1182 note) (as amended by section 11018 of Public Law 107–273 ) is amended by striking 2004. and inserting 2009..",
"id": "H4C611D3536F24DB99500B22F12C18FA",
"header": "Extension of Deadline",
"nested": [],
"links": [
{
"text": "8 U.S.C. 1182",
"legal-doc": "usc",
"parsable-cite": "usc/8/1182"
},
{
"text": "Public Law 107–273",
"legal-doc": "public-law",
"parsable-cite": "pl/107/273"
}
]
},
{
"text": "(b) Designation of Health Professional Shortage Areas by State Agencies \nSection 214(l)(1)(D) of the Immigration and Nationality Act ( 8 U.S.C. 1184(l)(1)(D) ) is amended— (1) by striking professionals, and inserting professionals or in other shortage locations specified by a State department of public health (or its equivalent), ; and (2) by striking in a geographic area designated by the Secretary. and inserting in such a geographic area or other shortage location..",
"id": "HB87860F4B02544CAA7FD7D39FB2595D",
"header": "Designation of Health Professional Shortage Areas by State Agencies",
"nested": [],
"links": [
{
"text": "8 U.S.C. 1184(l)(1)(D)",
"legal-doc": "usc",
"parsable-cite": "usc/8/1184"
}
]
},
{
"text": "(c) Exemption from H1B Numerical Limitations \nSection 214(l)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1184(l)(2)(A) ) is amended by adding at the end the following: The numerical limitations contained in subsection (g)(1)(A) shall not apply to any alien whose status is changed under the preceding sentence, if the alien obtained a waiver of the 2-year foreign residence requirement upon a request by an interested State agency..",
"id": "HA988F4FBC618484688C037B2BDF87F22",
"header": "Exemption from H1B Numerical Limitations",
"nested": [],
"links": [
{
"text": "8 U.S.C. 1184(l)(2)(A)",
"legal-doc": "usc",
"parsable-cite": "usc/8/1184"
}
]
}
],
"links": [
{
"text": "8 U.S.C. 1182",
"legal-doc": "usc",
"parsable-cite": "usc/8/1182"
},
{
"text": "Public Law 107–273",
"legal-doc": "public-law",
"parsable-cite": "pl/107/273"
},
{
"text": "8 U.S.C. 1184(l)(1)(D)",
"legal-doc": "usc",
"parsable-cite": "usc/8/1184"
},
{
"text": "8 U.S.C. 1184(l)(2)(A)",
"legal-doc": "usc",
"parsable-cite": "usc/8/1184"
}
]
}
] | 1 | 1. WAIVER OF FOREIGN COUNTRY RESIDENCE REQUIREMENT WITH RESPECT TO INTERNATIONAL MEDICAL GRADUATES
(a) Extension of Deadline
Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 ( 8 U.S.C. 1182 note) (as amended by section 11018 of Public Law 107–273 ) is amended by striking 2004. and inserting 2009.. (b) Designation of Health Professional Shortage Areas by State Agencies
Section 214(l)(1)(D) of the Immigration and Nationality Act ( 8 U.S.C. 1184(l)(1)(D) ) is amended— (1) by striking professionals, and inserting professionals or in other shortage locations specified by a State department of public health (or its equivalent), ; and (2) by striking in a geographic area designated by the Secretary. and inserting in such a geographic area or other shortage location.. (c) Exemption from H1B Numerical Limitations
Section 214(l)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1184(l)(2)(A) ) is amended by adding at the end the following: The numerical limitations contained in subsection (g)(1)(A) shall not apply to any alien whose status is changed under the preceding sentence, if the alien obtained a waiver of the 2-year foreign residence requirement upon a request by an interested State agency.. | 1,253 | [
"Judiciary Committee"
] |
108hr3839ih | 108 | hr | 3,839 | ih | To authorize the Secretary of Homeland Security to make grants to address homeland security preparedness shortcomings of units of municipal and county government. | [
{
"text": "1. Short title \nThis Act may be cited as the.",
"id": "H1A9A6082B6FC4D2887CF4246FB28B800",
"header": "Short title",
"nested": [],
"links": []
},
{
"text": "2. Grant authority \n(a) In general \nThe Secretary of Homeland Security may make grants in accordance with this Act to address homeland security preparedness shortcomings of units of municipal and county government. (b) Categories \nEach grant under this section shall be made for one of the following categories of use: (1) Equipment and training. (2) Improving interoperability between members of a consortium of municipal or county governments. (c) Cost sharing \nThe Federal share of the costs of an activity carried out with a grant under this section— (1) may not exceed 70 percent of the total costs of such activity, in the case of a grant for equipment and training; and (2) may not exceed 90 percent of the total costs of such activity, in the case of a grant for improving interoperability between members of a consortium of municipal or county governments.",
"id": "H293B7D3BE24B45BEA6659305E97DC547",
"header": "Grant authority",
"nested": [
{
"text": "(a) In general \nThe Secretary of Homeland Security may make grants in accordance with this Act to address homeland security preparedness shortcomings of units of municipal and county government.",
"id": "H7C310649C5FF4C43B833742E186549B9",
"header": "In general",
"nested": [],
"links": []
},
{
"text": "(b) Categories \nEach grant under this section shall be made for one of the following categories of use: (1) Equipment and training. (2) Improving interoperability between members of a consortium of municipal or county governments.",
"id": "H7A4BEFB0EE0B4DF4A435246F4646A900",
"header": "Categories",
"nested": [],
"links": []
},
{
"text": "(c) Cost sharing \nThe Federal share of the costs of an activity carried out with a grant under this section— (1) may not exceed 70 percent of the total costs of such activity, in the case of a grant for equipment and training; and (2) may not exceed 90 percent of the total costs of such activity, in the case of a grant for improving interoperability between members of a consortium of municipal or county governments.",
"id": "H8AC3AEE8455E4C94B0000087ADE6D7BA",
"header": "Cost sharing",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "3. Grant eligibility \n(a) In general \nTo be eligible for a grant under this Act, an applicant must be a unit of municipal or county government or a consortium of such units. (b) Limitation \n(1) In general \nA unit of municipal or county government, or a consortium of such units, may not receive more than one grant under this Act. (2) Restriction on additional grant to member of consortium \nA unit of municipal or county government that is a member of a consortium that receives a grant under this Act is not eligible to receive an additional grant under this Act individually or as a member of another consortium.",
"id": "HA4A621DE33C2407A99A93E792108DAD3",
"header": "Grant eligibility",
"nested": [
{
"text": "(a) In general \nTo be eligible for a grant under this Act, an applicant must be a unit of municipal or county government or a consortium of such units.",
"id": "H46605C3D58D14962A4B41A86EAD10A9",
"header": "In general",
"nested": [],
"links": []
},
{
"text": "(b) Limitation \n(1) In general \nA unit of municipal or county government, or a consortium of such units, may not receive more than one grant under this Act. (2) Restriction on additional grant to member of consortium \nA unit of municipal or county government that is a member of a consortium that receives a grant under this Act is not eligible to receive an additional grant under this Act individually or as a member of another consortium.",
"id": "H849FAC1CA0CC428C98E0F6D885945197",
"header": "Limitation",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "4. Application \n(a) In general \nAny unit of municipal or county government may submit an application for a grant under this section to the Secretary, on behalf of such unit or on behalf of a consortium of which the unit is a member. (b) Contents \nAn application under this section— (1) shall seek funding for one of the categories of use required under section 2(b); and (2) shall include the results of a vulnerability assessment in accordance with section 5.",
"id": "HCD804341633343390000E4E408BE3EE",
"header": "Application",
"nested": [
{
"text": "(a) In general \nAny unit of municipal or county government may submit an application for a grant under this section to the Secretary, on behalf of such unit or on behalf of a consortium of which the unit is a member.",
"id": "H6E8136E8125E4EE5936EFA5429D09BF",
"header": "In general",
"nested": [],
"links": []
},
{
"text": "(b) Contents \nAn application under this section— (1) shall seek funding for one of the categories of use required under section 2(b); and (2) shall include the results of a vulnerability assessment in accordance with section 5.",
"id": "HEA91279DED8F4893B6EB8FFAB300E061",
"header": "Contents",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "5. Vulnerability assessment \n(a) In general \nThe Secretary may not make a grant under this Act unless the applicant for the grant conducts a vulnerability assessment that assesses the risk and vulnerability of the applicant (including each member of the applicant, in the case of a consortium) to a variety of possible acts of terrorism, including conventional, biological, nuclear, and chemical attacks. (b) Requirements for assessments \nThe Secretary of Homeland Security shall prescribe requirements for vulnerability assessments under this section. (c) Limitation on grants for equipment or training \nThe Secretary may not make a grant under this Act for equipment and training unless the Secretary determines that the grant will address a need determined in the vulnerability assessment conducted under this section for purposes of the grant.",
"id": "HFA4F5FAD5F6A478AB6AEE0D79B502631",
"header": "Vulnerability assessment",
"nested": [
{
"text": "(a) In general \nThe Secretary may not make a grant under this Act unless the applicant for the grant conducts a vulnerability assessment that assesses the risk and vulnerability of the applicant (including each member of the applicant, in the case of a consortium) to a variety of possible acts of terrorism, including conventional, biological, nuclear, and chemical attacks.",
"id": "H164F99E8DC964737807F93613EDDA100",
"header": "In general",
"nested": [],
"links": []
},
{
"text": "(b) Requirements for assessments \nThe Secretary of Homeland Security shall prescribe requirements for vulnerability assessments under this section.",
"id": "H00D305B1BE654321B0FAF90008557657",
"header": "Requirements for assessments",
"nested": [],
"links": []
},
{
"text": "(c) Limitation on grants for equipment or training \nThe Secretary may not make a grant under this Act for equipment and training unless the Secretary determines that the grant will address a need determined in the vulnerability assessment conducted under this section for purposes of the grant.",
"id": "H9D48AFB3CE3C4C248832CFD2415D68F7",
"header": "Limitation on grants for equipment or training",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "6. Use of grant \nAmounts provided as a grant under this section— (1) shall be used only for the category of use under section 2(b) for which the grant is made; (2) may be used only for new domestic preparedness initiatives; (3) shall not be used to sustain or supplement existing program; and (4) may be distributed by the grantee to fire departments, police departments, emergency services, and public health agencies of the grantee.",
"id": "H0DDC6A5D5EA247AB9E29B976EF20A398",
"header": "Use of grant",
"nested": [],
"links": []
},
{
"text": "7. Relationship to other grant programs \nThe program of grants under this Act— (1) is intended to complement, and not not take the place of, the Assistance to Firefighters Program conducted by the Office of Domestic Preparedness; and (2) does not affect the eligibility of any person for the Assistance to Firefighters Grants or any other funding made available by the Department of Homeland Security.",
"id": "HFC6FB3FEEA004E9100E3648C136DD906",
"header": "Relationship to other grant programs",
"nested": [],
"links": []
}
] | 7 | 1. Short title
This Act may be cited as the. 2. Grant authority
(a) In general
The Secretary of Homeland Security may make grants in accordance with this Act to address homeland security preparedness shortcomings of units of municipal and county government. (b) Categories
Each grant under this section shall be made for one of the following categories of use: (1) Equipment and training. (2) Improving interoperability between members of a consortium of municipal or county governments. (c) Cost sharing
The Federal share of the costs of an activity carried out with a grant under this section— (1) may not exceed 70 percent of the total costs of such activity, in the case of a grant for equipment and training; and (2) may not exceed 90 percent of the total costs of such activity, in the case of a grant for improving interoperability between members of a consortium of municipal or county governments. 3. Grant eligibility
(a) In general
To be eligible for a grant under this Act, an applicant must be a unit of municipal or county government or a consortium of such units. (b) Limitation
(1) In general
A unit of municipal or county government, or a consortium of such units, may not receive more than one grant under this Act. (2) Restriction on additional grant to member of consortium
A unit of municipal or county government that is a member of a consortium that receives a grant under this Act is not eligible to receive an additional grant under this Act individually or as a member of another consortium. 4. Application
(a) In general
Any unit of municipal or county government may submit an application for a grant under this section to the Secretary, on behalf of such unit or on behalf of a consortium of which the unit is a member. (b) Contents
An application under this section— (1) shall seek funding for one of the categories of use required under section 2(b); and (2) shall include the results of a vulnerability assessment in accordance with section 5. 5. Vulnerability assessment
(a) In general
The Secretary may not make a grant under this Act unless the applicant for the grant conducts a vulnerability assessment that assesses the risk and vulnerability of the applicant (including each member of the applicant, in the case of a consortium) to a variety of possible acts of terrorism, including conventional, biological, nuclear, and chemical attacks. (b) Requirements for assessments
The Secretary of Homeland Security shall prescribe requirements for vulnerability assessments under this section. (c) Limitation on grants for equipment or training
The Secretary may not make a grant under this Act for equipment and training unless the Secretary determines that the grant will address a need determined in the vulnerability assessment conducted under this section for purposes of the grant. 6. Use of grant
Amounts provided as a grant under this section— (1) shall be used only for the category of use under section 2(b) for which the grant is made; (2) may be used only for new domestic preparedness initiatives; (3) shall not be used to sustain or supplement existing program; and (4) may be distributed by the grantee to fire departments, police departments, emergency services, and public health agencies of the grantee. 7. Relationship to other grant programs
The program of grants under this Act— (1) is intended to complement, and not not take the place of, the Assistance to Firefighters Program conducted by the Office of Domestic Preparedness; and (2) does not affect the eligibility of any person for the Assistance to Firefighters Grants or any other funding made available by the Department of Homeland Security. | 3,673 | [
"Judiciary Committee",
"Energy and Commerce Committee",
"Transportation and Infrastructure Committee"
] |
108hr4596ih | 108 | hr | 4,596 | ih | To amend Public Law 97–435 to extend the authorization for the Secretary of the Interior to release certain conditions contained in a patent concerning certain land conveyed by the United States to Eastern Washington University until December 31, 2009. | [
{
"text": "1. Eastern Washington University Land Transfer Authorization Extension \nSection 1(c) of Public Law 97–435 is amended by striking five years after the enactment of this Act and inserting on December 31, 2009.",
"id": "H3E50840BEAB34A05B5C6769DE02144E8",
"header": "Eastern Washington University Land Transfer Authorization Extension",
"nested": [],
"links": [
{
"text": "Public Law 97–435",
"legal-doc": "public-law",
"parsable-cite": "pl/97/435"
}
]
}
] | 1 | 1. Eastern Washington University Land Transfer Authorization Extension
Section 1(c) of Public Law 97–435 is amended by striking five years after the enactment of this Act and inserting on December 31, 2009. | 207 | [
"Natural Resources Committee"
] |
108hr5033ih | 108 | hr | 5,033 | ih | To suspend temporarily the duty on certain meatless frozen food products. | [
{
"text": "1. Certain frozen meatless products \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: 9902.21.07 Frozen meatless preparations or frozen meat substitutes (provided for in subheading 2106.90.99) Free No Change No Change On or Before 12/31/2007. (b) Effective date \nThe amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.",
"id": "HE9A819FD362B41E691F2CED7F3993CB4",
"header": "Certain frozen meatless products",
"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: 9902.21.07 Frozen meatless preparations or frozen meat substitutes (provided for in subheading 2106.90.99) 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": []
}
] | 1 | 1. Certain frozen meatless products
(a) In general
Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.21.07 Frozen meatless preparations or frozen meat substitutes (provided for in subheading 2106.90.99) Free No Change No Change On or Before 12/31/2007. (b) Effective date
The 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. | 566 | [
"Ways and Means Committee"
] |
108hr4382ih | 108 | hr | 4,382 | ih | To designate the United States courthouse at 300 North Hogan Street, Jacksonville, Florida, as the Judge Bryan Simpson United States Courthouse. | [
{
"text": "1. Designation \nThe United States courthouse at 300 North Hogan Street, Jacksonville, Florida, shall be known and designated as the Judge Bryan Simpson United States Courthouse.",
"id": "HE5F368F4B7304BD184F6BD9634186898",
"header": "Designation",
"nested": [],
"links": []
},
{
"text": "2. References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the United States courthouse referred to in section 1 shall be deemed to be a reference to the Judge Bryan Simpson United States Courthouse.",
"id": "H9153ED93B4794663AFB5CB187879B005",
"header": "References",
"nested": [],
"links": []
}
] | 2 | 1. Designation
The United States courthouse at 300 North Hogan Street, Jacksonville, Florida, shall be known and designated as the Judge Bryan Simpson United States Courthouse. 2. References
Any reference in a law, map, regulation, document, paper, or other record of the United States to the United States courthouse referred to in section 1 shall be deemed to be a reference to the Judge Bryan Simpson United States Courthouse. | 431 | [
"Transportation and Infrastructure Committee"
] |
108hr4835ih | 108 | hr | 4,835 | ih | To establish a water supply enhancement demonstration program, including the demonstration of desalination, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the Quality Water Supply Enhancement Act.",
"id": "H49A910ADB787410AB68F0677AAD513E",
"header": "Short title",
"nested": [],
"links": []
},
{
"text": "2. Purposes \nThe purposes of this Act are— (1) to provide for the development of economically viable advanced water supply enhancement demonstration projects, including desalination, that would— (A) substantially improve access to existing water supplies; and (B) provide access to untapped water sources; (2) to facilitate the widespread commercialization of newly developed water supply for use in real-world applications; (3) to provide objective analyses of water supply policies; and (4) to facilitate collaboration among Federal agencies in the development of advanced water supply demonstration projects, including desalination.",
"id": "H5AE8D3F4E3B144218EADAEF90900D69E",
"header": "Purposes",
"nested": [],
"links": []
},
{
"text": "3. Definitions \nIn this Act: (1) Advisory panel \nThe term Advisory Panel means the Water Supply Advisory Panel established under section 5(a). (2) Regional center \nThe term Regional Center means the Regional Center referenced in the National Water Supply Technology Program White Paper, with a specific region of the nation and a specific water theme as designated under section 6(b). (3) Institute \nThe term Institute means the Water Supply Policy Institute designated by section 8(a). (4) Program \nThe term program means the water supply program established under section 4(a). (5) Program coordinator \nThe term Program Coordinator means the lead Facility as described in the National Water Supply Technology Program White Paper. (6) Secretary \nThe term Secretary means the Secretary of the Interior. (7) Water resource agencies \nFederal agencies, as identified in the Interagency Consortium, developed by the Bureau of Reclamation, for Desalination and Membrane Separation. (8) Water supply enhancement \n(A) In general \nThe term water supply enhancement means a demonstration project, including desalination, designed to improve water quality or make more efficient use of existing water sources. (B) Inclusions \nThe term water supply enhancement includes demonstration projects for— (i) reducing water consumption in the production or generation of energy; (ii) desalination and related concentrate disposal; (iii) water reuse; (iv) contaminant removal; (v) agriculture, industrial, and municipal efficiency; and (vi) water monitoring and systems analysis.",
"id": "HEAAF6D3535984D5FA439C0CBB3D3D7FF",
"header": "Definitions",
"nested": [],
"links": []
},
{
"text": "4. Desalination and water supply enhancement demonstration program \n(a) Establishment \nThe Secretary shall, in coordination with the Water Resource Agencies, and the Program Coordinator, establish a desalination and advanced water supply enhancement demonstration program and fund demonstration projects for the development and commercialization of, advanced water supply demonstration projects, including desalination. The Secretary shall be responsible for coordinating the Water Resource Agencies activities authorized under this Act. (b) Program coordinator \n(1) In general \nThe program shall be carried out by the Secretary, in coordination with the Water Resources Agencies and the Program Coordinator. (2) Duties \nIn carrying out the program, the Program Coordinator, in consultation with the Secretary and Water Resource Agencies, shall— (A) construct a facility at the office of the Program Coordinator for administering the program; (B) establish budgetary and contracting procedures for the program; (C) perform any administrative duties relating to the program; (D) administer funds under section 7 ; (E) conduct peer review of water supply enhancement demonstration proposals and research results; (F) create a water supply enhancement demonstration roadmap to— (i) identify the best water supply demonstration projects; and (ii) make determinations about which water supply demonstration projects would most substantially improve the use of existing water supplies; (G) coordinate budgets for demonstration projects at Regional Centers; (H) coordinate research carried out under the program; (I) perform annual evaluations of demonstration projects and the progress made by Regional Centers; (J) establish a water supply demonstration transfer program— (i) to identify commercially promising water supply demonstration projects; and (ii) to facilitate prototyping of, business planning for, regulatory acceptance of, and full commercialization of promising water supply demonstration projects through— (I) project facilities; (II) industry consortia; and (III) collaboration with commercial financing organizations; (K) establish procedures and criteria to periodically assess Regional Centers under section 6(f)(2) ; (L) establish procedures for providing information to the public on the results of demonstration projects conducted under the program; and (M) implement cross-cutting research to develop sensor and monitoring systems for water and energy efficiency and management.",
"id": "H3E39E856C42144FB8CA2E35563C61285",
"header": "Desalination and water supply enhancement demonstration program",
"nested": [
{
"text": "(a) Establishment \nThe Secretary shall, in coordination with the Water Resource Agencies, and the Program Coordinator, establish a desalination and advanced water supply enhancement demonstration program and fund demonstration projects for the development and commercialization of, advanced water supply demonstration projects, including desalination. The Secretary shall be responsible for coordinating the Water Resource Agencies activities authorized under this Act.",
"id": "HF3F120A7A0F44A24A9FC607297D500B6",
"header": "Establishment",
"nested": [],
"links": []
},
{
"text": "(b) Program coordinator \n(1) In general \nThe program shall be carried out by the Secretary, in coordination with the Water Resources Agencies and the Program Coordinator. (2) Duties \nIn carrying out the program, the Program Coordinator, in consultation with the Secretary and Water Resource Agencies, shall— (A) construct a facility at the office of the Program Coordinator for administering the program; (B) establish budgetary and contracting procedures for the program; (C) perform any administrative duties relating to the program; (D) administer funds under section 7 ; (E) conduct peer review of water supply enhancement demonstration proposals and research results; (F) create a water supply enhancement demonstration roadmap to— (i) identify the best water supply demonstration projects; and (ii) make determinations about which water supply demonstration projects would most substantially improve the use of existing water supplies; (G) coordinate budgets for demonstration projects at Regional Centers; (H) coordinate research carried out under the program; (I) perform annual evaluations of demonstration projects and the progress made by Regional Centers; (J) establish a water supply demonstration transfer program— (i) to identify commercially promising water supply demonstration projects; and (ii) to facilitate prototyping of, business planning for, regulatory acceptance of, and full commercialization of promising water supply demonstration projects through— (I) project facilities; (II) industry consortia; and (III) collaboration with commercial financing organizations; (K) establish procedures and criteria to periodically assess Regional Centers under section 6(f)(2) ; (L) establish procedures for providing information to the public on the results of demonstration projects conducted under the program; and (M) implement cross-cutting research to develop sensor and monitoring systems for water and energy efficiency and management.",
"id": "H071EEAF7CCA84301BFDC001892E739C4",
"header": "Program coordinator",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "5. Water supply advisory panel \n(a) Establishment \nThe Program Coordinator, in consultation with the Secretary, shall establish an advisory panel, to be known as the Water Supply Advisory Panel , to advise the Program with respect to— (1) the direction of the program; (2) reviewing the performance of any demonstration project carried out using amounts made available under the program; (3) facilitating the commercialization of the water supply demonstration successes developed under the program; and (4) evaluating water policy. (b) Membership \nThe Advisory Panel shall include members, with interest and expertise in water supply demonstration projects, that represent— (1) industry; (2) educational institutions; (3) the Federal Government; (4) nongovernmental organizations; (5) international water technology institutions; and (6) the Regional Centers.",
"id": "HE7C55DC984034655AF70F26CD6F03757",
"header": "Water supply advisory panel",
"nested": [
{
"text": "(a) Establishment \nThe Program Coordinator, in consultation with the Secretary, shall establish an advisory panel, to be known as the Water Supply Advisory Panel , to advise the Program with respect to— (1) the direction of the program; (2) reviewing the performance of any demonstration project carried out using amounts made available under the program; (3) facilitating the commercialization of the water supply demonstration successes developed under the program; and (4) evaluating water policy.",
"id": "HD7E092DE9B7F44DCA8322487BD2D60F7",
"header": "Establishment",
"nested": [],
"links": []
},
{
"text": "(b) Membership \nThe Advisory Panel shall include members, with interest and expertise in water supply demonstration projects, that represent— (1) industry; (2) educational institutions; (3) the Federal Government; (4) nongovernmental organizations; (5) international water technology institutions; and (6) the Regional Centers.",
"id": "H598134E39DF643E79B8F3CDDA150C0AA",
"header": "Membership",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "6. Regional centers in water supply enhancement \n(a) In general \nA Regional Center shall partner with one or more universities from the region, that shall be eligible for funding under section 7(a) to conduct demonstration projects on specific advanced water supply enhancement projects. (b) Initial regional centers \nThe Regional Centers as identified in the National Water Supply Technology Program White Paper, shall be grouped by region and theme, including, but not limited to the following: (1) Northeast region \nReducing water quality impacts from power plant outfall and decentralized water treatment. (2) Central atlantic region \nProduced water purification and use for power production and water reuse for mega-cities. (3) Southeast region \nShallow aquifer conjunctive water use; energy reduction for sea water desalination and membrane demonstration project development. (4) Midwest region \nWater efficiency in manufacturing and energy reduction in wastewater treatment. (5) Central region \nCogeneration of nuclear power and water, energy systems for pumping irrigation and mining water reuse. (6) West region \nConjunctive management of hydropower and water; and watershed management. (7) Southwest region \nWater for power production in arid environments; energy reduction and waste disposal for brackish desalination; high water and energy efficiency in arid agriculture; and transboundary water management. (8) Pacific region \nPoint of use technology to reduce water treatment and conveyance energy; co-located energy production and water treatment; and water reuse for agriculture. (c) Selection of university partners \nIn consultation with the Program Coordinator and the Advisory Panel, each Regional Center, within 6 months after the date of enactment of this Act, shall select a primary university partner and may nominate additional university partners. (d) Operational procedures \nNot later than 1 year after the date of enactment of this Act, each Regional Center shall submit to the Program Coordinator operational procedures for such Regional Center. (e) Additional regional centers \nSubject to approval by the Advisory Panel, the Program Coordinator may, not sooner than 5 years after the date of enactment of this Act, designate not more than 4 additional Regional Centers if the Program Coordinator determines that there are additional water supply technologies that need to be researched. (f) Period of designation \n(1) In general \nA designation under subsection (b) , subsection (c) , or subsection (d) shall be for a period of 5 years. (2) Assessment \nA Regional Center shall be subject to periodic assessments in accordance with procedures and criteria established under section 4(b)(2)(K). (3) Renewal \nAfter the initial period under paragraph (1), a designation may be renewed for subsequent 5-year periods in accordance with procedures and criteria established under section 4(b)(2)(K). (4) Probation, termination, or nonrenewal \n(A) In general \nBased on a periodic assessment conducted under paragraph (2) and after review by the Secretary and Water Resource Agencies, the Secretary may determine not to renew the designation of a Regional Center. (B) Termination \nIn coordination with the Water Resources Agencies, the Secretary may terminate or choose not to renew the designation of a Regional Center. (g) Executive director \nA Regional Center shall be administered by an executive director. (h) Publication of research results \nA Regional Center shall periodically publish the results of any research carried out under the program in appropriate peer-reviewed journals.",
"id": "HC458A0B0093D47638847494EFADACEE9",
"header": "Regional centers in water supply enhancement",
"nested": [
{
"text": "(a) In general \nA Regional Center shall partner with one or more universities from the region, that shall be eligible for funding under section 7(a) to conduct demonstration projects on specific advanced water supply enhancement projects.",
"id": "H9A4FB14F25434BA2B88E1CE8EF91FC6F",
"header": "In general",
"nested": [],
"links": []
},
{
"text": "(b) Initial regional centers \nThe Regional Centers as identified in the National Water Supply Technology Program White Paper, shall be grouped by region and theme, including, but not limited to the following: (1) Northeast region \nReducing water quality impacts from power plant outfall and decentralized water treatment. (2) Central atlantic region \nProduced water purification and use for power production and water reuse for mega-cities. (3) Southeast region \nShallow aquifer conjunctive water use; energy reduction for sea water desalination and membrane demonstration project development. (4) Midwest region \nWater efficiency in manufacturing and energy reduction in wastewater treatment. (5) Central region \nCogeneration of nuclear power and water, energy systems for pumping irrigation and mining water reuse. (6) West region \nConjunctive management of hydropower and water; and watershed management. (7) Southwest region \nWater for power production in arid environments; energy reduction and waste disposal for brackish desalination; high water and energy efficiency in arid agriculture; and transboundary water management. (8) Pacific region \nPoint of use technology to reduce water treatment and conveyance energy; co-located energy production and water treatment; and water reuse for agriculture.",
"id": "HF782653F2412468B965494CEA8AF772",
"header": "Initial regional centers",
"nested": [],
"links": []
},
{
"text": "(c) Selection of university partners \nIn consultation with the Program Coordinator and the Advisory Panel, each Regional Center, within 6 months after the date of enactment of this Act, shall select a primary university partner and may nominate additional university partners.",
"id": "HD58B62A5E71442EC9EB23689C4401F6",
"header": "Selection of university partners",
"nested": [],
"links": []
},
{
"text": "(d) Operational procedures \nNot later than 1 year after the date of enactment of this Act, each Regional Center shall submit to the Program Coordinator operational procedures for such Regional Center.",
"id": "H23B19AA8101D40028D512700E68F1191",
"header": "Operational procedures",
"nested": [],
"links": []
},
{
"text": "(e) Additional regional centers \nSubject to approval by the Advisory Panel, the Program Coordinator may, not sooner than 5 years after the date of enactment of this Act, designate not more than 4 additional Regional Centers if the Program Coordinator determines that there are additional water supply technologies that need to be researched.",
"id": "H7A8E62837D3E4A20AB7B370001DE30A3",
"header": "Additional regional centers",
"nested": [],
"links": []
},
{
"text": "(f) Period of designation \n(1) In general \nA designation under subsection (b) , subsection (c) , or subsection (d) shall be for a period of 5 years. (2) Assessment \nA Regional Center shall be subject to periodic assessments in accordance with procedures and criteria established under section 4(b)(2)(K). (3) Renewal \nAfter the initial period under paragraph (1), a designation may be renewed for subsequent 5-year periods in accordance with procedures and criteria established under section 4(b)(2)(K). (4) Probation, termination, or nonrenewal \n(A) In general \nBased on a periodic assessment conducted under paragraph (2) and after review by the Secretary and Water Resource Agencies, the Secretary may determine not to renew the designation of a Regional Center. (B) Termination \nIn coordination with the Water Resources Agencies, the Secretary may terminate or choose not to renew the designation of a Regional Center.",
"id": "H59D6048139044E848CF9A9ACCDCE0007",
"header": "Period of designation",
"nested": [],
"links": []
},
{
"text": "(g) Executive director \nA Regional Center shall be administered by an executive director.",
"id": "H4B4757D92D5E45C19E09A8650826A298",
"header": "Executive director",
"nested": [],
"links": []
},
{
"text": "(h) Publication of research results \nA Regional Center shall periodically publish the results of any research carried out under the program in appropriate peer-reviewed journals.",
"id": "H0C5581EFAF9A4013B0308EED76E7C37",
"header": "Publication of research results",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "7. Program funding \n(a) Funding to regional centers \n(1) In general \nThe Program Coordinator, in coordination with the Secretary, and Water Resource Agencies, shall provide funding to the Regional Center subject to the provisions of section 10(b) to carry out demonstration projects identified in section 6(b) in coordination with other Regional Centers without cost-share requirements. (2) Distribution \nOf the funds made available to each Regional Center, 50 percent shall be distributed to regional university partners. Funds distributed to university partners within the region shall be distributed following a plan developed and included in the Regional Center’s operational procedures developed under section 6(d) without cost-share requirements. (b) Open-call funding \n(1) In general \nThe Program Coordinator, in coordination with the Secretary, and Water Resource Agencies, shall provide competitive funding mechanisms to eligible institutions and individuals for water supply demonstration projects. (2) Eligible collaborative institutions \nEach of the following are eligible for funding under paragraph (1) : (A) Nongovernmental organizations. (B) Department of Energy National Laboratories. (C) Private corporations. (D) Industry consortia. (E) Universities or university consortia. (F) Any other entity with expertise in the conduct of research on water supply technologies. (G) International research consortia. (3) Distribution of funds \nOf the funds allotted for the program funding, the following percentages and restrictions apply: (A) Nongovernmental organizations \nNo less than 15 percent and no more than 25 percent of the total funds shall be provided as block funding to nongovernmental organizations subject to a 50 percent nonprogram cost share that then may be redistributed by the nongovernmental organization along with non-program matching funds for individual projects. (B) National laboratories \nNo less than 20 percent and no more than 30 percent of the total funds shall be provided to support individual projects from Department of Energy National Laboratories without matching fund requirements. (c) Federal agencies \nNo less than 15 percent and no more than 25 percent of the total funds shall be provided to support individual projects that are recommended by at least one other Federal Agency that is providing at least a 50 percent funding match. (d) Other entities \nThe remainder of funds may be provided to support individual projects subject to a 25 percent nonprogram cost share. (e) Term of grant \n(1) In general \nExcept as provided in paragraph (2) , funds provided under this section shall be for a term of 2 years. (2) Renewal \nThe Program Coordinator, in consultation with the Secretary, and Water Resource Agencies, may renew demonstration project financing for up to 2 additional years as appropriate. (f) Reporting \nOrganizations receiving funding under this section shall report on a bi-annual basis the results and status of research projects undertaken with funds from this Act. (g) Treatment of funds \nAmounts received under funding provided to a non-Federal entity by this program shall be considered to be non-Federal funds when used as matching funds by the non-Federal entity toward a Federal cost-shared project outside this program. (h) Criteria \nThe Program Coordinator, in coordination with the Secretary, and Water Resource Agencies, shall establish criteria for the submission and review of grant applications and the provision of funds under this section. (i) Cost-sharing requirement \nA National Laboratory that receives funding under this section shall not be subject to a cost-sharing requirement.",
"id": "H95B92B194D24410C9D41A739C78C499D",
"header": "Program funding",
"nested": [
{
"text": "(a) Funding to regional centers \n(1) In general \nThe Program Coordinator, in coordination with the Secretary, and Water Resource Agencies, shall provide funding to the Regional Center subject to the provisions of section 10(b) to carry out demonstration projects identified in section 6(b) in coordination with other Regional Centers without cost-share requirements. (2) Distribution \nOf the funds made available to each Regional Center, 50 percent shall be distributed to regional university partners. Funds distributed to university partners within the region shall be distributed following a plan developed and included in the Regional Center’s operational procedures developed under section 6(d) without cost-share requirements.",
"id": "HF5845AEABE0C4B2C96C03B7222B4D1BD",
"header": "Funding to regional centers",
"nested": [],
"links": []
},
{
"text": "(b) Open-call funding \n(1) In general \nThe Program Coordinator, in coordination with the Secretary, and Water Resource Agencies, shall provide competitive funding mechanisms to eligible institutions and individuals for water supply demonstration projects. (2) Eligible collaborative institutions \nEach of the following are eligible for funding under paragraph (1) : (A) Nongovernmental organizations. (B) Department of Energy National Laboratories. (C) Private corporations. (D) Industry consortia. (E) Universities or university consortia. (F) Any other entity with expertise in the conduct of research on water supply technologies. (G) International research consortia. (3) Distribution of funds \nOf the funds allotted for the program funding, the following percentages and restrictions apply: (A) Nongovernmental organizations \nNo less than 15 percent and no more than 25 percent of the total funds shall be provided as block funding to nongovernmental organizations subject to a 50 percent nonprogram cost share that then may be redistributed by the nongovernmental organization along with non-program matching funds for individual projects. (B) National laboratories \nNo less than 20 percent and no more than 30 percent of the total funds shall be provided to support individual projects from Department of Energy National Laboratories without matching fund requirements.",
"id": "H9B2E554ECD5D4D46AD98F7494DBE9FF",
"header": "Open-call funding",
"nested": [],
"links": []
},
{
"text": "(c) Federal agencies \nNo less than 15 percent and no more than 25 percent of the total funds shall be provided to support individual projects that are recommended by at least one other Federal Agency that is providing at least a 50 percent funding match.",
"id": "HF3BFD4C5D14F4F23AA83E0E2E9126C87",
"header": "Federal agencies",
"nested": [],
"links": []
},
{
"text": "(d) Other entities \nThe remainder of funds may be provided to support individual projects subject to a 25 percent nonprogram cost share.",
"id": "HFB0B289DBD3D48BCA694529785BBD5F0",
"header": "Other entities",
"nested": [],
"links": []
},
{
"text": "(e) Term of grant \n(1) In general \nExcept as provided in paragraph (2) , funds provided under this section shall be for a term of 2 years. (2) Renewal \nThe Program Coordinator, in consultation with the Secretary, and Water Resource Agencies, may renew demonstration project financing for up to 2 additional years as appropriate.",
"id": "H383B5D77055C4435A4D8A6CFD6E21820",
"header": "Term of grant",
"nested": [],
"links": []
},
{
"text": "(f) Reporting \nOrganizations receiving funding under this section shall report on a bi-annual basis the results and status of research projects undertaken with funds from this Act.",
"id": "HCE95A62C016A478F8B9152F6D8F068FD",
"header": "Reporting",
"nested": [],
"links": []
},
{
"text": "(g) Treatment of funds \nAmounts received under funding provided to a non-Federal entity by this program shall be considered to be non-Federal funds when used as matching funds by the non-Federal entity toward a Federal cost-shared project outside this program.",
"id": "H47D6494776DD4D3FB9FBA2326CF96946",
"header": "Treatment of funds",
"nested": [],
"links": []
},
{
"text": "(h) Criteria \nThe Program Coordinator, in coordination with the Secretary, and Water Resource Agencies, shall establish criteria for the submission and review of grant applications and the provision of funds under this section.",
"id": "H95383243358D43E0AD7E7D7643251C11",
"header": "Criteria",
"nested": [],
"links": []
},
{
"text": "(i) Cost-sharing requirement \nA National Laboratory that receives funding under this section shall not be subject to a cost-sharing requirement.",
"id": "HCB38F511564B4A1E995982AFA675A166",
"header": "Cost-sharing requirement",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "8. National water supply policy institute \n(a) Designation \nThe Utton Center at the University of New Mexico Law School is designated as the National Water Policy Institute. (b) Duties \nThe Institute shall— (1) perform objective research on relevant water, regulations, and policy pertinent to this Act; (2) provide policy alternatives to increase national and international water supplies; (3) consult with the Regional Centers, industry, municipalities, nongovernmental organizations, other participants of the program, and any other interested persons, with priority for consultation services to be given to participants in the program; and (4) conduct an annual water policy seminar to provide information on demonstration projects carried out or funded by the Institute. (c) Partnerships \nThe Institute may enter into partnerships with other institutions to assist in carrying out the duties of the Institute under subsection (b). (d) Executive director \nThe Institute shall be administered by an executive director, subject to approval by the Program Coordinator.",
"id": "H007EA42C0042481F82C94C55C9CAC2FA",
"header": "National water supply policy institute",
"nested": [
{
"text": "(a) Designation \nThe Utton Center at the University of New Mexico Law School is designated as the National Water Policy Institute.",
"id": "H27EED54626BF4B33867430899B96DFC9",
"header": "Designation",
"nested": [],
"links": []
},
{
"text": "(b) Duties \nThe Institute shall— (1) perform objective research on relevant water, regulations, and policy pertinent to this Act; (2) provide policy alternatives to increase national and international water supplies; (3) consult with the Regional Centers, industry, municipalities, nongovernmental organizations, other participants of the program, and any other interested persons, with priority for consultation services to be given to participants in the program; and (4) conduct an annual water policy seminar to provide information on demonstration projects carried out or funded by the Institute.",
"id": "H85DA280E5B154947B8B1AE2F3EDBE59",
"header": "Duties",
"nested": [],
"links": []
},
{
"text": "(c) Partnerships \nThe Institute may enter into partnerships with other institutions to assist in carrying out the duties of the Institute under subsection (b).",
"id": "H42EDB2F608E94DFC93F6BCBC49474B57",
"header": "Partnerships",
"nested": [],
"links": []
},
{
"text": "(d) Executive director \nThe Institute shall be administered by an executive director, subject to approval by the Program Coordinator.",
"id": "HE643A4E3111E4785A5216671B1B1B08C",
"header": "Executive director",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "9. Reports \n(a) Reports to program coordinator \nAny Regional Center, or collaborative institution that receives funding under section 7 shall submit to the Program Coordinator an annual report on activities carried out using amounts made available under this Act during the preceding fiscal year. (b) Report to congress \nNot later than 3 fiscal years after the date of enactment of this Act and every 5 years thereafter, the Program Coordinator shall submit to the Secretary, and other Water Resource Agencies, and Congress a report that describes the activities carried out under this Act.",
"id": "HEA8ABD84066B45E980793D80BCA2DB86",
"header": "Reports",
"nested": [
{
"text": "(a) Reports to program coordinator \nAny Regional Center, or collaborative institution that receives funding under section 7 shall submit to the Program Coordinator an annual report on activities carried out using amounts made available under this Act during the preceding fiscal year.",
"id": "H00DA26AD4618404AB1CE84393E1E5C1F",
"header": "Reports to program coordinator",
"nested": [],
"links": []
},
{
"text": "(b) Report to congress \nNot later than 3 fiscal years after the date of enactment of this Act and every 5 years thereafter, the Program Coordinator shall submit to the Secretary, and other Water Resource Agencies, and Congress a report that describes the activities carried out under this Act.",
"id": "HCF41A527CB0E4876BA37E356EDE9CAEC",
"header": "Report to congress",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "10. Authorization of appropriations \n(a) In general \nThere are authorized to be appropriated to the Secretary, and Water Resource Agencies, for each of fiscal years 2005 through 2009— (1) for the construction of a facility under section 4(b)(2)(A) , $20,000,000; (2) for the administration of the program by the Program Coordinator and for administration of the facility constructed under section 4(b)(2)(A) , $5,000,000; (3) for demonstration projects carried out under the program, $200,000,000; and (4) for Regional Centers to administer funding and to update, maintain, and operate the facilities, as necessary, $7,500,000. (b) Allocation \nOf amounts made available under subsection (a)(3) for a fiscal year— (1) not more than the lesser of $10,000,000 or 5 percent shall be made available to each Regional Center designated by section 6(b) or under section 6(e) as block funding following the funding procedures in section 7(a) ; (2) not more than the lesser of $10,000,000 or 5 percent shall be made available for the Institute designated by section 8(a) ; (3) at least 15 percent shall be made available for demonstration projects implemented under section 4(b)(2)(J) ; and (4) at least 30 percent shall be made available for the open-call funding program described in section 7(b).",
"id": "H4167BA5AF8144653871EB2FED4468C67",
"header": "Authorization of appropriations",
"nested": [
{
"text": "(a) In general \nThere are authorized to be appropriated to the Secretary, and Water Resource Agencies, for each of fiscal years 2005 through 2009— (1) for the construction of a facility under section 4(b)(2)(A) , $20,000,000; (2) for the administration of the program by the Program Coordinator and for administration of the facility constructed under section 4(b)(2)(A) , $5,000,000; (3) for demonstration projects carried out under the program, $200,000,000; and (4) for Regional Centers to administer funding and to update, maintain, and operate the facilities, as necessary, $7,500,000.",
"id": "H06A4C6E98D864364AC45AFF86D922ED5",
"header": "In general",
"nested": [],
"links": []
},
{
"text": "(b) Allocation \nOf amounts made available under subsection (a)(3) for a fiscal year— (1) not more than the lesser of $10,000,000 or 5 percent shall be made available to each Regional Center designated by section 6(b) or under section 6(e) as block funding following the funding procedures in section 7(a) ; (2) not more than the lesser of $10,000,000 or 5 percent shall be made available for the Institute designated by section 8(a) ; (3) at least 15 percent shall be made available for demonstration projects implemented under section 4(b)(2)(J) ; and (4) at least 30 percent shall be made available for the open-call funding program described in section 7(b).",
"id": "HDCEAB4E67F0B4F9C9F5BF834CB6BEE30",
"header": "Allocation",
"nested": [],
"links": []
}
],
"links": []
}
] | 10 | 1. Short title
This Act may be cited as the Quality Water Supply Enhancement Act. 2. Purposes
The purposes of this Act are— (1) to provide for the development of economically viable advanced water supply enhancement demonstration projects, including desalination, that would— (A) substantially improve access to existing water supplies; and (B) provide access to untapped water sources; (2) to facilitate the widespread commercialization of newly developed water supply for use in real-world applications; (3) to provide objective analyses of water supply policies; and (4) to facilitate collaboration among Federal agencies in the development of advanced water supply demonstration projects, including desalination. 3. Definitions
In this Act: (1) Advisory panel
The term Advisory Panel means the Water Supply Advisory Panel established under section 5(a). (2) Regional center
The term Regional Center means the Regional Center referenced in the National Water Supply Technology Program White Paper, with a specific region of the nation and a specific water theme as designated under section 6(b). (3) Institute
The term Institute means the Water Supply Policy Institute designated by section 8(a). (4) Program
The term program means the water supply program established under section 4(a). (5) Program coordinator
The term Program Coordinator means the lead Facility as described in the National Water Supply Technology Program White Paper. (6) Secretary
The term Secretary means the Secretary of the Interior. (7) Water resource agencies
Federal agencies, as identified in the Interagency Consortium, developed by the Bureau of Reclamation, for Desalination and Membrane Separation. (8) Water supply enhancement
(A) In general
The term water supply enhancement means a demonstration project, including desalination, designed to improve water quality or make more efficient use of existing water sources. (B) Inclusions
The term water supply enhancement includes demonstration projects for— (i) reducing water consumption in the production or generation of energy; (ii) desalination and related concentrate disposal; (iii) water reuse; (iv) contaminant removal; (v) agriculture, industrial, and municipal efficiency; and (vi) water monitoring and systems analysis. 4. Desalination and water supply enhancement demonstration program
(a) Establishment
The Secretary shall, in coordination with the Water Resource Agencies, and the Program Coordinator, establish a desalination and advanced water supply enhancement demonstration program and fund demonstration projects for the development and commercialization of, advanced water supply demonstration projects, including desalination. The Secretary shall be responsible for coordinating the Water Resource Agencies activities authorized under this Act. (b) Program coordinator
(1) In general
The program shall be carried out by the Secretary, in coordination with the Water Resources Agencies and the Program Coordinator. (2) Duties
In carrying out the program, the Program Coordinator, in consultation with the Secretary and Water Resource Agencies, shall— (A) construct a facility at the office of the Program Coordinator for administering the program; (B) establish budgetary and contracting procedures for the program; (C) perform any administrative duties relating to the program; (D) administer funds under section 7 ; (E) conduct peer review of water supply enhancement demonstration proposals and research results; (F) create a water supply enhancement demonstration roadmap to— (i) identify the best water supply demonstration projects; and (ii) make determinations about which water supply demonstration projects would most substantially improve the use of existing water supplies; (G) coordinate budgets for demonstration projects at Regional Centers; (H) coordinate research carried out under the program; (I) perform annual evaluations of demonstration projects and the progress made by Regional Centers; (J) establish a water supply demonstration transfer program— (i) to identify commercially promising water supply demonstration projects; and (ii) to facilitate prototyping of, business planning for, regulatory acceptance of, and full commercialization of promising water supply demonstration projects through— (I) project facilities; (II) industry consortia; and (III) collaboration with commercial financing organizations; (K) establish procedures and criteria to periodically assess Regional Centers under section 6(f)(2) ; (L) establish procedures for providing information to the public on the results of demonstration projects conducted under the program; and (M) implement cross-cutting research to develop sensor and monitoring systems for water and energy efficiency and management. 5. Water supply advisory panel
(a) Establishment
The Program Coordinator, in consultation with the Secretary, shall establish an advisory panel, to be known as the Water Supply Advisory Panel , to advise the Program with respect to— (1) the direction of the program; (2) reviewing the performance of any demonstration project carried out using amounts made available under the program; (3) facilitating the commercialization of the water supply demonstration successes developed under the program; and (4) evaluating water policy. (b) Membership
The Advisory Panel shall include members, with interest and expertise in water supply demonstration projects, that represent— (1) industry; (2) educational institutions; (3) the Federal Government; (4) nongovernmental organizations; (5) international water technology institutions; and (6) the Regional Centers. 6. Regional centers in water supply enhancement
(a) In general
A Regional Center shall partner with one or more universities from the region, that shall be eligible for funding under section 7(a) to conduct demonstration projects on specific advanced water supply enhancement projects. (b) Initial regional centers
The Regional Centers as identified in the National Water Supply Technology Program White Paper, shall be grouped by region and theme, including, but not limited to the following: (1) Northeast region
Reducing water quality impacts from power plant outfall and decentralized water treatment. (2) Central atlantic region
Produced water purification and use for power production and water reuse for mega-cities. (3) Southeast region
Shallow aquifer conjunctive water use; energy reduction for sea water desalination and membrane demonstration project development. (4) Midwest region
Water efficiency in manufacturing and energy reduction in wastewater treatment. (5) Central region
Cogeneration of nuclear power and water, energy systems for pumping irrigation and mining water reuse. (6) West region
Conjunctive management of hydropower and water; and watershed management. (7) Southwest region
Water for power production in arid environments; energy reduction and waste disposal for brackish desalination; high water and energy efficiency in arid agriculture; and transboundary water management. (8) Pacific region
Point of use technology to reduce water treatment and conveyance energy; co-located energy production and water treatment; and water reuse for agriculture. (c) Selection of university partners
In consultation with the Program Coordinator and the Advisory Panel, each Regional Center, within 6 months after the date of enactment of this Act, shall select a primary university partner and may nominate additional university partners. (d) Operational procedures
Not later than 1 year after the date of enactment of this Act, each Regional Center shall submit to the Program Coordinator operational procedures for such Regional Center. (e) Additional regional centers
Subject to approval by the Advisory Panel, the Program Coordinator may, not sooner than 5 years after the date of enactment of this Act, designate not more than 4 additional Regional Centers if the Program Coordinator determines that there are additional water supply technologies that need to be researched. (f) Period of designation
(1) In general
A designation under subsection (b) , subsection (c) , or subsection (d) shall be for a period of 5 years. (2) Assessment
A Regional Center shall be subject to periodic assessments in accordance with procedures and criteria established under section 4(b)(2)(K). (3) Renewal
After the initial period under paragraph (1), a designation may be renewed for subsequent 5-year periods in accordance with procedures and criteria established under section 4(b)(2)(K). (4) Probation, termination, or nonrenewal
(A) In general
Based on a periodic assessment conducted under paragraph (2) and after review by the Secretary and Water Resource Agencies, the Secretary may determine not to renew the designation of a Regional Center. (B) Termination
In coordination with the Water Resources Agencies, the Secretary may terminate or choose not to renew the designation of a Regional Center. (g) Executive director
A Regional Center shall be administered by an executive director. (h) Publication of research results
A Regional Center shall periodically publish the results of any research carried out under the program in appropriate peer-reviewed journals. 7. Program funding
(a) Funding to regional centers
(1) In general
The Program Coordinator, in coordination with the Secretary, and Water Resource Agencies, shall provide funding to the Regional Center subject to the provisions of section 10(b) to carry out demonstration projects identified in section 6(b) in coordination with other Regional Centers without cost-share requirements. (2) Distribution
Of the funds made available to each Regional Center, 50 percent shall be distributed to regional university partners. Funds distributed to university partners within the region shall be distributed following a plan developed and included in the Regional Center’s operational procedures developed under section 6(d) without cost-share requirements. (b) Open-call funding
(1) In general
The Program Coordinator, in coordination with the Secretary, and Water Resource Agencies, shall provide competitive funding mechanisms to eligible institutions and individuals for water supply demonstration projects. (2) Eligible collaborative institutions
Each of the following are eligible for funding under paragraph (1) : (A) Nongovernmental organizations. (B) Department of Energy National Laboratories. (C) Private corporations. (D) Industry consortia. (E) Universities or university consortia. (F) Any other entity with expertise in the conduct of research on water supply technologies. (G) International research consortia. (3) Distribution of funds
Of the funds allotted for the program funding, the following percentages and restrictions apply: (A) Nongovernmental organizations
No less than 15 percent and no more than 25 percent of the total funds shall be provided as block funding to nongovernmental organizations subject to a 50 percent nonprogram cost share that then may be redistributed by the nongovernmental organization along with non-program matching funds for individual projects. (B) National laboratories
No less than 20 percent and no more than 30 percent of the total funds shall be provided to support individual projects from Department of Energy National Laboratories without matching fund requirements. (c) Federal agencies
No less than 15 percent and no more than 25 percent of the total funds shall be provided to support individual projects that are recommended by at least one other Federal Agency that is providing at least a 50 percent funding match. (d) Other entities
The remainder of funds may be provided to support individual projects subject to a 25 percent nonprogram cost share. (e) Term of grant
(1) In general
Except as provided in paragraph (2) , funds provided under this section shall be for a term of 2 years. (2) Renewal
The Program Coordinator, in consultation with the Secretary, and Water Resource Agencies, may renew demonstration project financing for up to 2 additional years as appropriate. (f) Reporting
Organizations receiving funding under this section shall report on a bi-annual basis the results and status of research projects undertaken with funds from this Act. (g) Treatment of funds
Amounts received under funding provided to a non-Federal entity by this program shall be considered to be non-Federal funds when used as matching funds by the non-Federal entity toward a Federal cost-shared project outside this program. (h) Criteria
The Program Coordinator, in coordination with the Secretary, and Water Resource Agencies, shall establish criteria for the submission and review of grant applications and the provision of funds under this section. (i) Cost-sharing requirement
A National Laboratory that receives funding under this section shall not be subject to a cost-sharing requirement. 8. National water supply policy institute
(a) Designation
The Utton Center at the University of New Mexico Law School is designated as the National Water Policy Institute. (b) Duties
The Institute shall— (1) perform objective research on relevant water, regulations, and policy pertinent to this Act; (2) provide policy alternatives to increase national and international water supplies; (3) consult with the Regional Centers, industry, municipalities, nongovernmental organizations, other participants of the program, and any other interested persons, with priority for consultation services to be given to participants in the program; and (4) conduct an annual water policy seminar to provide information on demonstration projects carried out or funded by the Institute. (c) Partnerships
The Institute may enter into partnerships with other institutions to assist in carrying out the duties of the Institute under subsection (b). (d) Executive director
The Institute shall be administered by an executive director, subject to approval by the Program Coordinator. 9. Reports
(a) Reports to program coordinator
Any Regional Center, or collaborative institution that receives funding under section 7 shall submit to the Program Coordinator an annual report on activities carried out using amounts made available under this Act during the preceding fiscal year. (b) Report to congress
Not later than 3 fiscal years after the date of enactment of this Act and every 5 years thereafter, the Program Coordinator shall submit to the Secretary, and other Water Resource Agencies, and Congress a report that describes the activities carried out under this Act. 10. Authorization of appropriations
(a) In general
There are authorized to be appropriated to the Secretary, and Water Resource Agencies, for each of fiscal years 2005 through 2009— (1) for the construction of a facility under section 4(b)(2)(A) , $20,000,000; (2) for the administration of the program by the Program Coordinator and for administration of the facility constructed under section 4(b)(2)(A) , $5,000,000; (3) for demonstration projects carried out under the program, $200,000,000; and (4) for Regional Centers to administer funding and to update, maintain, and operate the facilities, as necessary, $7,500,000. (b) Allocation
Of amounts made available under subsection (a)(3) for a fiscal year— (1) not more than the lesser of $10,000,000 or 5 percent shall be made available to each Regional Center designated by section 6(b) or under section 6(e) as block funding following the funding procedures in section 7(a) ; (2) not more than the lesser of $10,000,000 or 5 percent shall be made available for the Institute designated by section 8(a) ; (3) at least 15 percent shall be made available for demonstration projects implemented under section 4(b)(2)(J) ; and (4) at least 30 percent shall be made available for the open-call funding program described in section 7(b). | 15,862 | [
"Natural Resources Committee"
] |
108hr5253ih | 108 | hr | 5,253 | ih | To make technical corrections in patent law. | [
{
"text": "1. Short title \nThis Act may be cited as the Plant Breeders Equity Act of 2004.",
"id": "HFEB1C5234BDF416E860066CF1DB3FEDF",
"header": "Short title",
"nested": [],
"links": []
},
{
"text": "2. Findings \nCongress finds that— (1) Since 1930, the Plant Patent Act has benefited the public by encouraging innovation and development of new varieties of asexually reproduced plants, including trees, shrubs, flowers, and fruit-producing plants. (2) The United States is a signatory to the International Union for the Protection of New Varieties of Plants (UPOV) Convention; however, the plant patent system has not been modernized to incorporate important provisions of UPOV, placing breeders of asexually reproduced plants in a position of inequity with breeders of other types of plants in the United States and with foreign breeders. (3) Closer harmonization of the plant patent system with UPOV will restore equity and ensure continued innovation and development of horticultural plant varieties.",
"id": "HE0BC760D35A8483AAF677140804FFEAC",
"header": "Findings",
"nested": [],
"links": []
},
{
"text": "3. Amendments to title 35, United States Code \n(a) Novelty \nSection 162 of title 35, United States Code, is amended— (1) by striking the section heading and inserting the following: 162. Description, claim, novelty \n; (2) in the first undesignated paragraph, by striking No plant and inserting the following: (a) Description.—No plant ; (3) in the second undesignated paragraph, by striking The claim and inserting the following: (b) Claim.—The claim ; and (4) by adding at the end the following: (c) Novelty \n(1) In general \nExcept as provided in paragraph (2), no plant patent application shall be denied, nor shall any issued plant patent be invalidated, on the grounds that the invention was sold or otherwise disposed of. (2) Exceptions \nParagraph (1) shall not apply if— (A) more than 1 year prior to the date of the application for patent in the United States, the invention was sold or otherwise disposed of to other persons in the United States, by or with the consent of the inventor or discoverer, or the successor in interest of the inventor or discoverer, for purposes of exploitation of the invention; (B) except as provided in subparagraph (C), more than 4 years prior to the date of the application for patent in the United States, the invention was sold or otherwise disposed of to other persons in a foreign country, by or with the consent of the inventor or discoverer, or the successor in interest of the inventor or discoverer, for purposes of exploitation of the invention; or (C) more than 6 years prior to the date of the application for patent in the United States, in the case of a tree or vine, the invention was sold or otherwise disposed of to other persons in a foreign country, by or with the consent of the inventor or discoverer, or the successor in interest of the inventor or discoverer, for the purposes of exploitation of the invention.. (b) Plant patent grant \nSection 163 of title 35, United States Code, is amended— (1) by striking In the case and inserting the following: (a) In general.—In the case ; and (2) by adding at the end the following: (b) Application \nSubsection (a) applies equally to any plant that is not clearly distinguishable from a protected plant.. (c) Conforming amendment \nThe chapter analysis for chapter 15 of title 35, United States Code is amended by striking the item relating to section 162 and inserting the following: 162. Description, claim, novelty. (d) Application \nThe amendments made by this section apply to— (1) all applications for plant patents filed on or after the date of enactment of this Act, or pending on that date; and (2) in the case of the amendments made by subsection (a), all plant patents in force on the date of enactment of this Act.",
"id": "H7F437BDB9E8740B2A877343279060121",
"header": "Amendments to title 35, United States Code",
"nested": [
{
"text": "(a) Novelty \nSection 162 of title 35, United States Code, is amended— (1) by striking the section heading and inserting the following: 162. Description, claim, novelty \n; (2) in the first undesignated paragraph, by striking No plant and inserting the following: (a) Description.—No plant ; (3) in the second undesignated paragraph, by striking The claim and inserting the following: (b) Claim.—The claim ; and (4) by adding at the end the following: (c) Novelty \n(1) In general \nExcept as provided in paragraph (2), no plant patent application shall be denied, nor shall any issued plant patent be invalidated, on the grounds that the invention was sold or otherwise disposed of. (2) Exceptions \nParagraph (1) shall not apply if— (A) more than 1 year prior to the date of the application for patent in the United States, the invention was sold or otherwise disposed of to other persons in the United States, by or with the consent of the inventor or discoverer, or the successor in interest of the inventor or discoverer, for purposes of exploitation of the invention; (B) except as provided in subparagraph (C), more than 4 years prior to the date of the application for patent in the United States, the invention was sold or otherwise disposed of to other persons in a foreign country, by or with the consent of the inventor or discoverer, or the successor in interest of the inventor or discoverer, for purposes of exploitation of the invention; or (C) more than 6 years prior to the date of the application for patent in the United States, in the case of a tree or vine, the invention was sold or otherwise disposed of to other persons in a foreign country, by or with the consent of the inventor or discoverer, or the successor in interest of the inventor or discoverer, for the purposes of exploitation of the invention..",
"id": "H7CE26724CBB447B0B132CC026C30E580",
"header": "Novelty",
"nested": [],
"links": [
{
"text": "Section 162",
"legal-doc": "usc",
"parsable-cite": "usc/35/162"
}
]
},
{
"text": "(b) Plant patent grant \nSection 163 of title 35, United States Code, is amended— (1) by striking In the case and inserting the following: (a) In general.—In the case ; and (2) by adding at the end the following: (b) Application \nSubsection (a) applies equally to any plant that is not clearly distinguishable from a protected plant..",
"id": "HBA2E6E91D1BB4C2AB286596317760032",
"header": "Plant patent grant",
"nested": [],
"links": [
{
"text": "Section 163",
"legal-doc": "usc",
"parsable-cite": "usc/35/163"
}
]
},
{
"text": "(c) Conforming amendment \nThe chapter analysis for chapter 15 of title 35, United States Code is amended by striking the item relating to section 162 and inserting the following: 162. Description, claim, novelty.",
"id": "HC11FA728EF5548DCA986400007BC41D",
"header": "Conforming amendment",
"nested": [],
"links": [
{
"text": "chapter 15",
"legal-doc": "usc-chapter",
"parsable-cite": "usc-chapter/35/15"
}
]
},
{
"text": "(d) Application \nThe amendments made by this section apply to— (1) all applications for plant patents filed on or after the date of enactment of this Act, or pending on that date; and (2) in the case of the amendments made by subsection (a), all plant patents in force on the date of enactment of this Act.",
"id": "HB633E349EAD44C1F81A64EBBA2CA0EE",
"header": "Application",
"nested": [],
"links": []
}
],
"links": [
{
"text": "Section 162",
"legal-doc": "usc",
"parsable-cite": "usc/35/162"
},
{
"text": "Section 163",
"legal-doc": "usc",
"parsable-cite": "usc/35/163"
},
{
"text": "chapter 15",
"legal-doc": "usc-chapter",
"parsable-cite": "usc-chapter/35/15"
}
]
},
{
"text": "162. Description, claim, novelty",
"id": "HA36B8BF3904D4190B907147DB12893DB",
"header": "Description, claim, novelty",
"nested": [],
"links": []
}
] | 4 | 1. Short title
This Act may be cited as the Plant Breeders Equity Act of 2004. 2. Findings
Congress finds that— (1) Since 1930, the Plant Patent Act has benefited the public by encouraging innovation and development of new varieties of asexually reproduced plants, including trees, shrubs, flowers, and fruit-producing plants. (2) The United States is a signatory to the International Union for the Protection of New Varieties of Plants (UPOV) Convention; however, the plant patent system has not been modernized to incorporate important provisions of UPOV, placing breeders of asexually reproduced plants in a position of inequity with breeders of other types of plants in the United States and with foreign breeders. (3) Closer harmonization of the plant patent system with UPOV will restore equity and ensure continued innovation and development of horticultural plant varieties. 3. Amendments to title 35, United States Code
(a) Novelty
Section 162 of title 35, United States Code, is amended— (1) by striking the section heading and inserting the following: 162. Description, claim, novelty
; (2) in the first undesignated paragraph, by striking No plant and inserting the following: (a) Description.—No plant ; (3) in the second undesignated paragraph, by striking The claim and inserting the following: (b) Claim.—The claim ; and (4) by adding at the end the following: (c) Novelty
(1) In general
Except as provided in paragraph (2), no plant patent application shall be denied, nor shall any issued plant patent be invalidated, on the grounds that the invention was sold or otherwise disposed of. (2) Exceptions
Paragraph (1) shall not apply if— (A) more than 1 year prior to the date of the application for patent in the United States, the invention was sold or otherwise disposed of to other persons in the United States, by or with the consent of the inventor or discoverer, or the successor in interest of the inventor or discoverer, for purposes of exploitation of the invention; (B) except as provided in subparagraph (C), more than 4 years prior to the date of the application for patent in the United States, the invention was sold or otherwise disposed of to other persons in a foreign country, by or with the consent of the inventor or discoverer, or the successor in interest of the inventor or discoverer, for purposes of exploitation of the invention; or (C) more than 6 years prior to the date of the application for patent in the United States, in the case of a tree or vine, the invention was sold or otherwise disposed of to other persons in a foreign country, by or with the consent of the inventor or discoverer, or the successor in interest of the inventor or discoverer, for the purposes of exploitation of the invention.. (b) Plant patent grant
Section 163 of title 35, United States Code, is amended— (1) by striking In the case and inserting the following: (a) In general.—In the case ; and (2) by adding at the end the following: (b) Application
Subsection (a) applies equally to any plant that is not clearly distinguishable from a protected plant.. (c) Conforming amendment
The chapter analysis for chapter 15 of title 35, United States Code is amended by striking the item relating to section 162 and inserting the following: 162. Description, claim, novelty. (d) Application
The amendments made by this section apply to— (1) all applications for plant patents filed on or after the date of enactment of this Act, or pending on that date; and (2) in the case of the amendments made by subsection (a), all plant patents in force on the date of enactment of this Act. 162. Description, claim, novelty | 3,646 | [
"Judiciary Committee"
] |
108hr4404ih | 108 | hr | 4,404 | ih | To suspend temporarily the duty on Benzamide, 3-amino-N-[2-[[2-(sulfooxy)ethyl]sulfonyl]ethyl]-. | [
{
"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: 9902.01.03 Benzamide, 3-amino-N-[2-[[2-(sulfooxy)ethyl]sulfonyl]ethyl]- (CAS No. 121315-20-6) (provided for in subheading 2930.90.29) Free Free No change On or before 12/31/07 (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": "H4215F07545B44EEF96E77FF87957592C",
"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: 9902.01.03 Benzamide, 3-amino-N-[2-[[2-(sulfooxy)ethyl]sulfonyl]ethyl]- (CAS No. 121315-20-6) (provided for in subheading 2930.90.29) Free Free No change On or before 12/31/07",
"id": "HF42ED7758B7C4167B55B002F3101B173",
"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": "HBE9B37A884DA4DEF905CA2A6C438E4C",
"header": "Effective date",
"nested": [],
"links": []
}
],
"links": []
}
] | 1 | 1. Temporary suspension of duty
(a) In general
Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.01.03 Benzamide, 3-amino-N-[2-[[2-(sulfooxy)ethyl]sulfonyl]ethyl]- (CAS No. 121315-20-6) (provided for in subheading 2930.90.29) Free Free No change On or before 12/31/07 (b) Effective date
The 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. | 591 | [
"Ways and Means Committee"
] |
108hr4409ih | 108 | hr | 4,409 | ih | To reauthorize title II of the Higher Education Act of 1965. | [
{
"text": "1. Short title \nThis Act may be cited as.",
"id": "H351A2F89E2764A17ACE3B0C804A9C2E9",
"header": "Short title",
"nested": [],
"links": []
},
{
"text": "2. Teacher quality enhancement grants \nPart A of title II of the Higher Education Act of 1965 ( 20 U.S.C. 1021 et seq. ) is amended to read as follows: A Teacher Quality Enhancement Grants for States and Partnerships \n201. Purposes; definitions \n(a) Purposes \nThe purposes of this part are to— (1) improve student academic achievement; (2) improve the quality of the current and future teaching force by improving the preparation of prospective teachers and enhancing professional development activities; (3) hold institutions of higher education accountable for preparing highly qualified teachers; and (4) recruit qualified individuals, including minorities and individuals from other occupations, into the teaching force. (b) Definitions \nIn this part: (1) Arts and sciences \nThe term arts and sciences means— (A) when referring to an organizational unit of an institution of higher education, any academic unit that offers 1 or more academic majors in disciplines or content areas corresponding to the academic subject matter areas in which teachers provide instruction; and (B) when referring to a specific academic subject matter area, the disciplines or content areas in which academic majors are offered by the arts and science organizational unit. (2) Exemplary teacher \nThe term exemplary teacher has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (3) Highly qualified \nThe term highly qualified has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (4) High-need local educational agency \nThe term high-need local educational agency means a local educational agency— (A) (i) (I) that serves not fewer than 10,000 children from families with incomes below the poverty line; or (II) for which not less than 25 percent of the children served by the agency are from families with incomes below the poverty line; (ii) that is among those serving the highest number or percentage of children from families with incomes below the poverty line in the State, but this clause applies only in a State that has no local educational agency meeting the requirements of clause (i); or (iii) with a total of less than 600 students in average daily attendance at the schools that are served by the agency and all of whose schools are designated with a school locale code of 7, as determined by the Secretary; and (B) (i) for which there is a high percentage of teachers not teaching in the academic subjects or grade levels that the teachers were trained to teach; or (ii) for which there is a high percentage of teachers with emergency, provisional, or temporary certification or licensing. (5) Poverty line \nThe term poverty line means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) )) applicable to a family of the size involved. (6) Professional development \nThe term professional development has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (7) Scientifically based reading research \nThe term scientifically based reading research has the meaning given such term in section 1208 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6368 ). (8) Scientifically based research \nThe term scientifically based research has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (9) Teaching skills \nThe term teaching skills means skills that— (A) are based on scientifically based research; (B) enable teachers to effectively convey and explain subject matter content; (C) lead to increased student academic achievement; and (D) use strategies that— (i) are specific to subject matter; (ii) include ongoing assessment of student learning; (iii) focus on identification and tailoring of academic instruction to students’s specific learning needs; and (iv) focus on classroom management. 202. State grants \n(a) In general \nFrom amounts made available under section 210(1) for a fiscal year, the Secretary is authorized to award grants under this section, on a competitive basis, to eligible States to enable the eligible States to carry out the activities described in subsection (d). (b) Eligible State \n(1) Definition \nIn this part, the term eligible State means— (A) the Governor of a State; or (B) in the case of a State for which the constitution or law of such State designates another individual, entity, or agency in the State to be responsible for teacher certification and preparation activity, such individual, entity, or agency. (2) Consultation \nThe Governor or the individual, entity, or agency designated under paragraph (1)(B) shall consult with the Governor, State board of education, State educational agency, or State agency for higher education, as appropriate, with respect to the activities assisted under this section. (3) Construction \nNothing in this subsection shall be construed to negate or supersede the legal authority under State law of any State agency, State entity, or State public official over programs that are under the jurisdiction of the agency, entity, or official. (c) Application \nTo be eligible to receive a grant under this section, an eligible State shall submit an application to the Secretary that— (1) meets the requirement of this section; (2) demonstrates that the State is in full compliance with sections 207 and 208; (3) includes a description of how the eligible State intends to use funds provided under this section; (4) includes measurable objectives for the use of the funds provided under the grant; (5) demonstrates the State has submitted and is actively implementing a plan that meets the requirements of sections 1111(h)(1)(C)(viii) and 1119 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(h)(1)(C)(viii) and 6319); and (6) contains such other information and assurances as the Secretary may require. (d) Uses of funds \nAn eligible State that receives a grant under this section shall use the grant funds to reform teacher preparation requirements, to coordinate with State activities under section 2113(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6613(c) ), and to ensure that current and future teachers are highly qualified, by carrying out one or more of the following activities: (1) Reforms \nEnsuring that all teacher preparation programs in the State are preparing teachers who are highly qualified, are able to understand scientifically based research and its applicability, and are able to use advanced technology effectively in the classroom, including use for instructional techniques to improve student academic achievement, by assisting such programs— (A) to retrain faculty; and (B) to design (or redesign) teacher preparation programs so they— (i) are based on rigorous academic content, scientifically based research (including scientifically based reading research), and challenging State student academic content standards; and (ii) promote strong teaching skills. (2) Certification or licensure requirements \nReforming teacher certification (including recertification) or licensing requirements to ensure that— (A) teachers have the subject matter knowledge and teaching skills in the academic subjects that the teachers teach that are necessary to help students meet challenging State student academic achievement standards; and (B) such requirements are aligned with challenging State academic content standards. (3) Alternatives to traditional teacher preparation and State certification \nProviding prospective teachers with alternative routes to State certification and traditional preparation to become highly qualified teachers through— (A) innovative approaches that reduce unnecessary barriers to State certification while producing highly qualified teachers; (B) programs that provide support to teachers during their initial years in the profession; and (C) alternative routes to State certification of teachers for qualified individuals, including mid-career professionals from other occupations, former military personnel, and recent college graduates with records of academic distinction. (4) Innovative programs \nPlanning and implementing innovative programs to enhance the ability of institutions of higher education to prepare highly qualified teachers, such as charter colleges of education or university and local educational agency partnership schools, that— (A) permit flexibility in meeting State requirements as long as graduates, during their initial years in the profession, increase student academic achievement; (B) provide long-term data gathered from teachers’ performance over multiple years in the classroom on the ability to increase student academic achievement; (C) ensure high-quality preparation of teachers from underrepresented groups; and (D) create performance measures that can be used to document the effectiveness of innovative methods for preparing highly qualified teachers. (5) Merit pay \nDeveloping, or assisting local educational agencies in developing— (A) merit-based performance systems that reward teachers who increase student academic achievement; and (B) strategies that provide differential and bonus pay in high-need local educational agencies to retain— (i) principals; (ii) highly qualified teachers who teach in high-need academic subjects, such as reading, mathematics, and science; (iii) highly qualified teachers who teach in schools identified for school improvement under section 1116(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6316(b) ); (iv) special education teachers; (v) teachers specializing in teaching limited English proficient children; and (vi) highly qualified teachers in urban and rural schools or districts. (6) Teacher advancement \nDeveloping, or assisting local educational agencies in developing, teacher advancement and retention initiatives that promote professional growth and emphasize multiple career paths (such as paths to becoming a highly qualified mentor teacher or exemplary teacher) and pay differentiation. (7) Teacher removal \nDeveloping and implementing effective mechanisms to ensure that local educational agencies and schools are able to remove expeditiously incompetent or unqualified teachers consistent with procedures to ensure due process for the teachers. (8) Technical assistance \nProviding technical assistance to low-performing teacher preparation programs within institutions of higher education identified under section 208(a). (9) Teacher effectiveness \nDeveloping— (A) systems to measure the effectiveness of teacher preparation programs and professional development programs; and (B) strategies to document gains in student academic achievement or increases in teacher mastery of the academic subjects the teachers teach as a result of such programs. (10) Teacher recruitment and retention \nUndertaking activities that— (A) develop and implement effective mechanisms to ensure that local educational agencies and schools are able effectively to recruit and retain highly qualified teachers; or (B) are described in section 204(d). (11) Preschool teachers \nDeveloping strategies— (A) to improve the qualifications of preschool teachers, which may include State certification for such teachers; and (B) to improve and expand preschool teacher preparation programs. (e) Evaluation \n(1) Evaluation system \nAn eligible State that receives a grant under this section shall develop and utilize a system to evaluate annually the effectiveness of teacher preparation programs and professional development activities within the State in producing gains in— (A) the teacher’s annual contribution to improving student academic achievement, as measured by State academic assessments required under section 1111(b)(3) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(3) ); and (B) teacher mastery of the academic subjects they teach, as measured by pre- and post-participation tests of teacher knowledge, as appropriate. (2) Use of evaluation system \nSuch evaluation system shall be used by the State to evaluate— (A) activities carried out using funds provided under this section; and (B) the quality of its teacher education programs. (3) Public reporting \nThe State shall make the information described in paragraph (1) widely available through public means, such as posting on the Internet, distribution to the media, and distribution through public agencies. 203. Partnership grants \n(a) Grants \nFrom amounts made available under section 210(2) for a fiscal year, the Secretary is authorized to award grants under this section, on a competitive basis, to eligible partnerships to enable the eligible partnerships to carry out the activities described in subsections (d) and (e). (b) Definitions \n(1) Eligible partnerships \nIn this part, the term eligible partnership means an entity that— (A) shall include— (i) a partner institution; (ii) a school of arts and sciences; (iii) a high-need local educational agency; and (iv) a public or private educational organization; and (B) may include a Governor, State educational agency, the State board of education, the State agency for higher education, an institution of higher education not described in subparagraph (A), a public charter school, a public or private elementary school or secondary school, a public or private educational organization, a business, a science-, mathematics-, or technology-oriented entity, a faith-based or community organization, a prekindergarten program, a teacher organization, an education service agency, a consortia of local educational agencies, or a nonprofit telecommunications entity. (2) Partner institution \nIn this section, the term partner institution means an institution of higher education, the teacher training program of which demonstrates that— (A) graduates from the teacher training program exhibit strong performance on State-determined qualifying assessments for new teachers through— (i) demonstrating that the graduates of the program who intend to enter the field of teaching have passed all of the applicable State qualification assessments for new teachers, which shall include an assessment of each prospective teacher’s subject matter knowledge in the content area or areas in which the teacher intends to teach; or (ii) being ranked among the highest-performing teacher preparation programs in the State as determined by the State— (I) using criteria consistent with the requirements for the State report card under section 207(a); and (II) using the State report card on teacher preparation required under section 207(a); or (B) the teacher training program requires all the students of the program to participate in intensive clinical experience, to meet high academic standards, and— (i) in the case of secondary school candidates, to successfully complete an academic major in the subject area in which the candidate intends to teach or to demonstrate competence through a high level of performance in relevant content areas; and (ii) in the case of elementary school candidates, to successfully complete an academic major in the arts and sciences or to demonstrate competence through a high level of performance in core academic subject areas. (c) Application \nEach eligible partnership desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Each such application shall— (1) contain a needs assessment of all the partners with respect to teaching and learning and a description of how the partnership will coordinate with other teacher training or professional development programs, and how the activities of the partnership will be consistent with State, local, and other education reform activities that promote student academic achievement; (2) contain a resource assessment that describes the resources available to the partnership, the intended use of the grant funds, including a description of how the grant funds will be used in accordance with subsection (f), and the commitment of the resources of the partnership to the activities assisted under this part, including financial support, faculty participation, time commitments, and continuation of the activities when the grant ends; (3) contain a description of— (A) how the partnership will meet the purposes of this part; (B) how the partnership will carry out the activities required under subsection (d) and any permissible activities under subsection (e); (C) the partnership’s evaluation plan pursuant to section 206(b); (D) how faculty of the teacher preparation program at the partner institution will serve, over the term of the grant, with highly qualified teachers in the classrooms of the high-need local educational agency included in the partnership; (E) how the partnership will ensure that teachers, principals, and superintendents in private elementary and secondary schools located in the geographic areas served by an eligible partnership under this section will participate equitably in accordance with section 9501 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7881 ); (F) how the partnership will design and implement a clinical program component that includes close supervision of student teachers by faculty of the teacher preparation program at the partner institution and mentor teachers; (G) how the partnership will design and implement an induction program to support all new teachers through the first 3 years of teaching that includes mentors who are trained and compensated by the partnership for their work with new teachers; and (H) how the partnership will collect, analyze, and use data on the retention of all teachers in schools located in the geographic areas served by the partnership to evaluate the effectiveness of its teacher support system; and (4) contain a certification from the high-need local educational agency included in the partnership that it has reviewed the application and determined that the grant proposed will comply with subsection (f). (d) Required uses of funds \nAn eligible partnership that receives a grant under this section shall use the grant funds to reform teacher preparation requirements, to coordinate with State activities under section 2113(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6613(c) ), and to ensure that current and future teachers are highly qualified, by carrying out one or more of the following activities: (1) Reforms \nImplementing reforms within teacher preparation programs to ensure that such programs are preparing teachers who are highly qualified, are able to understand scientifically based research and its applicability, and are able to use advanced technology effectively in the classroom, including use for instructional techniques to improve student academic achievement, by— (A) retraining faculty; and (B) designing (or redesigning) teacher preparation programs so they— (i) are based on rigorous academic content, scientifically based research (including scientifically based reading research), and challenging State student academic content standards; and (ii) promote strong teaching skills. (2) Clinical experience and interaction \nProviding sustained and high-quality preservice and in-service clinical experience, including the mentoring of prospective teachers by exemplary teachers, substantially increasing interaction between faculty at institutions of higher education and new and experienced teachers, principals, and other administrators at elementary schools or secondary schools, and providing support for teachers, including preparation time and release time, for such interaction. (3) Professional development \nCreating opportunities for enhanced and ongoing professional development that improves the academic content knowledge of teachers in the subject areas in which the teachers are certified to teach or in which the teachers are working toward certification to teach, and that promotes strong teaching skills. (4) Teacher preparation \nDeveloping, or assisting local educational agencies in developing, professional development activities that— (A) provide training in how to teach and address the needs of students with different learning styles, particularly students with disabilities, limited English proficient students, and students with special learning needs; and (B) provide training in methods of— (i) improving student behavior in the classroom; and (ii) identifying early and appropriate interventions to help students described in subparagraph (A) learn. (e) Allowable uses of funds \nAn eligible partnership that receives a grant under this section may use such funds to carry out the following activities: (1) Alternatives to traditional teacher preparation and State certification \nProviding prospective teachers with alternative routes to State certification and traditional preparation to become highly qualified teachers through— (A) innovative approaches that reduce unnecessary barriers to teacher preparation while producing highly qualified teachers; (B) programs that provide support during a teacher’s initial years in the profession; and (C) alternative routes to State certification of teachers for qualified individuals, including mid-career professionals from other occupations, former military personnel, and recent college graduates with records of academic distinction. (2) Dissemination and coordination \nBroadly disseminating information on effective practices used by the partnership, and coordinating with the activities of the Governor, State board of education, State higher education agency, and State educational agency, as appropriate. (3) Managerial and leadership skills \nDeveloping and implementing professional development programs for principals and superintendents that enable them to be effective school leaders and prepare all students to meet challenging State academic content and student academic achievement standards. (4) Teacher recruitment \nActivities— (A) to encourage students to become highly qualified teachers, such as extracurricular enrichment activities; and (B) activities described in section 204(d). (5) Clinical experience in science, mathematics, and technology \nCreating opportunities for clinical experience and training, by participation in the business, research, and work environments with professionals, in areas relating to science, mathematics, and technology for teachers and prospective teachers, including opportunities for use of laboratory equipment, in order for the teacher to return to the classroom for at least 2 years and provide instruction that will raise student academic achievement. (6) Coordination with community colleges \nCoordinating with community colleges to implement teacher preparation programs, including through distance learning, for the purposes of allowing prospective teachers— (A) to attain a bachelor’s degree and State certification or licensure; and (B) to become highly qualified teachers. (7) Teacher mentoring \nEstablishing or implementing a teacher mentoring program that— (A) includes minimum qualifications for mentors; (B) provides training and stipends for mentors; (C) provides mentoring programs for teachers in their first 3 years of teaching; (D) provides regular and ongoing opportunities for mentors and mentees to observe each other’s teaching methods in classroom settings during the school day; (E) establishes an evaluation and accountability plan for activities conducted under this paragraph that includes rigorous objectives to measure the impact of such activities; and (F) provides for a report to the Secretary on an annual basis regarding the partnership’s progress in meeting the objectives described in subparagraph (E). (8) Computer software for multilingual education \nTraining teachers to use computer software for multilingual education to address the needs of limited English proficient students. (f) Special rule \nAt least 50 percent of the funds made available to an eligible partnership under this section shall be used directly to benefit the high-need local educational agency included in the partnership. Any entity described in subsection (b)(1)(A) may be the fiscal agent under this section. (g) Construction \nNothing in this section shall be construed to prohibit an eligible partnership from using grant funds to coordinate with the activities of more than one Governor, State board of education, State educational agency, local educational agency, or State agency for higher education. (h) Supplement, not supplant \nFunds made available under this section shall be used to supplement, and not supplant, other Federal, State, and local funds that would otherwise be expended to carry out the purposes of this section. 204. Teacher recruitment grants \n(a) Program authorized \nFrom amounts made available under section 210(3) for a fiscal year, the Secretary is authorized to award grants, on a competitive basis, to eligible applicants to enable the eligible applicants to carry out activities described in subsection (d). (b) Eligible applicant defined \nIn this part, the term eligible applicant means— (1) an eligible State described in section 202(b); or (2) an eligible partnership described in section 203(b). (c) Application \nAny eligible applicant desiring to receive a grant under this section shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require, including— (1) a description of the assessment that the eligible applicant, and the other entities with whom the eligible applicant will carry out the grant activities, have undertaken to determine the most critical needs of the participating high-need local educational agencies; (2) a description of the activities the eligible applicant will carry out with the grant, including the extent to which the applicant will use funds to recruit minority students to become highly qualified teachers; and (3) a description of the eligible applicant’s plan for continuing the activities carried out with the grant, once Federal funding ceases. (d) Uses of funds \nEach eligible applicant receiving a grant under this section shall use the grant funds— (1) (A) to award scholarships to help students, such as individuals who have been accepted for their first year, or who are enrolled in their first or second year, of a program of undergraduate education at an institution of higher education, pay the costs of tuition, room, board, and other expenses of completing a teacher preparation program; (B) to provide support services, if needed to enable scholarship recipients— (i) to complete postsecondary education programs; or (ii) to transition from a career outside of the field of education into a teaching career; and (C) for followup services provided to former scholarship recipients during the recipients first 3 years of teaching; or (2) to develop and implement effective mechanisms to ensure that high-need local educational agencies and schools are able effectively to recruit highly qualified teachers. (e) Additional discretionary uses of funds \nIn addition to the uses described in subsection (d), each eligible applicant receiving a grant under this section may use the grant funds— (1) to develop and implement effective mechanisms to recruit into the teaching profession employees from— (A) high-demand industries, including technology industries; and (B) the fields of science, mathematics, and engineering; and (2) to conduct outreach and coordinate with inner city and rural secondary schools to encourage students to pursue teaching as a career. (f) Service requirements \n(1) In general \nThe Secretary shall establish such requirements as the Secretary determines necessary to ensure that recipients of scholarships under this section who complete teacher education programs— (A) subsequently teach in a high-need local educational agency for a period of time equivalent to— (i) one year; increased by (ii) the period for which the recipient received scholarship assistance; or (B) repay the amount of the scholarship. (2) Use of repayments \nThe Secretary shall use any such repayments to carry out additional activities under this section. (g) Priority \nThe Secretary shall give priority under this section to eligible applicants who provide an assurance that they will recruit a high percentage of minority students to become highly qualified teachers. 205. Administrative provisions \n(a) Duration; one-time awards; payments \n(1) Duration \n(A) Eligible States and eligible applicants \nGrants awarded to eligible States and eligible applicants under this part shall be awarded for a period not to exceed 3 years. (B) Eligible partnerships \nGrants awarded to eligible partnerships under this part shall be awarded for a period of 5 years. (2) One-time award \nAn eligible partnership may receive a grant under each of sections 203 and 204, as amended by the , only once. (3) Payments \nThe Secretary shall make annual payments of grant funds awarded under this part. (b) Peer review \n(1) Panel \nThe Secretary shall provide the applications submitted under this part to a peer review panel for evaluation. With respect to each application, the peer review panel shall initially recommend the application for funding or for disapproval. (2) Priority \nIn recommending applications to the Secretary for funding under this part, the panel shall— (A) with respect to grants under section 202, give priority to eligible States that— (i) have initiatives to reform State teacher certification requirements that are based on rigorous academic content, scientifically based research, including scientifically based reading research, and challenging State student academic content standards; (ii) have innovative reforms to hold institutions of higher education with teacher preparation programs accountable for preparing teachers who are highly qualified and have strong teaching skills; or (iii) have innovative efforts aimed at reducing the shortage of highly qualified teachers in high poverty urban and rural areas; and (B) with respect to grants under section 203— (i) give priority to applications from broad-based eligible partnerships that involve businesses and community organizations; and (ii) take into consideration— (I) providing an equitable geographic distribution of the grants throughout the United States; and (II) the potential of the proposed activities for creating improvement and positive change. (3) Secretarial selection \nThe Secretary shall determine, based on the peer review process, which application shall receive funding and the amounts of the grants. In determining grant amounts, the Secretary shall take into account the total amount of funds available for all grants under this part and the types of activities proposed to be carried out. (c) Matching requirements \n(1) State grants \nEach eligible State receiving a grant under section 202 or 204 shall provide, from non-Federal sources, an amount equal to 50 percent of the amount of the grant (in cash or in kind) to carry out the activities supported by the grant. (2) Partnership grants \nEach eligible partnership receiving a grant under section 203 or 204 shall provide, from non-Federal sources (in cash or in kind), an amount equal to 25 percent of the grant for the first year of the grant, 35 percent of the grant for the second year of the grant, and 50 percent of the grant for each succeeding year of the grant. (d) Limitation on administrative expenses \nAn eligible State or eligible partnership that receives a grant under this part may not use more than 2 percent of the grant funds for purposes of administering the grant. 206. Accountability and evaluation \n(a) State grant accountability report \nAn eligible State that receives a grant under section 202 shall submit an annual accountability report to the Secretary, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Education and the Workforce of the House of Representatives. Such report shall include a description of the degree to which the eligible State, in using funds provided under such section, has made substantial progress in meeting the following goals: (1) Percentage of highly qualified teachers \nIncreasing the percentage of highly qualified teachers in the State as required by section 1119 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6319 ). (2) Student academic achievement \nIncreasing student academic achievement for all students as defined by the eligible State. (3) Raising standards \nRaising the State academic standards required to enter the teaching profession as a highly qualified teacher. (4) Initial certification or licensure \nIncreasing success in the pass rate for initial State teacher certification or licensure, or increasing the numbers of qualified individuals being certified or licensed as teachers through alternative programs. (5) Decreasing teacher shortages \nDecreasing shortages of highly qualified teachers in poor urban and rural areas. (6) Increasing opportunities for professional development \nIncreasing opportunities for enhanced and ongoing professional development that— (A) improves the academic content knowledge of teachers in the subject areas in which the teachers are certified or licensed to teach or in which the teachers are working toward certification or licensure to teach; and (B) promotes strong teaching skills. (7) Technology integration \nIncreasing the number of teachers prepared effectively to integrate technology into curricula and instruction and who use technology to collect, manage, and analyze data to improve teaching, learning, and decisionmaking for the purpose of increasing student academic achievement. (b) Eligible partnership evaluation \nEach eligible partnership applying for a grant under section 203 shall establish, and include in the application submitted under section 203(c), an evaluation plan that includes strong performance objectives. The plan shall include objectives and measures for— (1) increased student achievement for all students, as measured by the partnership; (2) increased teacher retention in the first 3 years of a teacher’s career; (3) increased success in the pass rate for initial State certification or licensure of teachers; (4) increased percentage of highly qualified teachers; and (5) increasing the number of teachers trained effectively to integrate technology into curricula and instruction and who use technology to collect, manage, and analyze data to improve teaching, learning, and decisionmaking for the purpose of improving student academic achievement. (c) Revocation of grant \n(1) Report \nEach eligible State or eligible partnership receiving a grant under section 202 or 203 shall report annually on the progress of the eligible State or eligible partnership toward meeting the purposes of this part and the goals, objectives, and measures described in subsections (a) and (b). (2) Revocation \n(A) Eligible States and eligible applicants \nIf the Secretary determines that an eligible State or eligible applicant is not making substantial progress in meeting the purposes, goals, objectives, and measures, as appropriate, by the end of the second year of a grant under this part, then the grant payment shall not be made for the third year of the grant. (B) Eligible partnerships \nIf the Secretary determines that an eligible partnership is not making substantial progress in meeting the purposes, goals, objectives, and measures, as appropriate, by the end of the third year of a grant under this part, then the grant payments shall not be made for any succeeding year of the grant. (d) Evaluation and dissemination \nThe Secretary shall evaluate the activities funded under this part and report annually the Secretary’s findings regarding the activities to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives. The Secretary shall broadly disseminate successful practices developed by eligible States and eligible partnerships under this part, and shall broadly disseminate information regarding such practices that were found to be ineffective. 207. Accountability for programs that prepare teachers \n(a) State report card on the quality of teacher preparation \nEach State that receives funds under this Act shall provide to the Secretary annually, in a uniform and comprehensible manner that conforms with the definitions and methods established by the Secretary, a State report card on the quality of teacher preparation in the State, both for traditional certification or licensure programs and for alternative certification or licensure programs, which shall include at least the following: (1) A description of the teacher certification and licensure assessments, and any other certification and licensure requirements, used by the State. (2) The standards and criteria that prospective teachers must meet in order to attain initial teacher certification or licensure and to be certified or licensed to teach particular subjects or in particular grades within the State. (3) A description of the extent to which the assessments and requirements described in paragraph (1) are aligned with the State’s standards and assessments for students. (4) The percentage of students who have completed at least 50 percent of the requirements for a teacher preparation program at an institution of higher education or alternative certification program and who have taken and passed each of the assessments used by the State for teacher certification and licensure, and the passing score on each assessment that determines whether a candidate has passed that assessment. (5) For students who have completed at least 50 percent of the requirements for a teacher preparation program at an institution of higher education or alternative certification program, and who have taken and passed each of the assessments used by the State for teacher certification and licensure, each such institution’s and each such program’s average raw score, ranked by teacher preparation program, which shall be made available widely and publicly. (6) A description of each State’s alternative routes to teacher certification, if any, and the number and percentage of teachers certified through each alternative certification route who pass State teacher certification or licensure assessments. (7) For each State, a description of proposed criteria for assessing the performance of teacher preparation programs in the State, including indicators of teacher candidate skills and academic content knowledge and evidence of gains in student academic achievement. (8) For each teacher preparation program in the State, the number of students in the program, the average number of hours of supervised practice teaching required for those in the program, and the number of full-time equivalent faculty and students in supervised practice teaching. (b) Report of the Secretary on the quality of teacher preparation \n(1) Report card \nThe Secretary shall provide to Congress, and publish and make widely available, a report card on teacher qualifications and preparation in the United States, including all the information reported in paragraphs (1) through (8) of subsection (a). Such report shall identify States for which eligible States and eligible partnerships received a grant under this part. Such report shall be so provided, published and made available annually. (2) Report to Congress \nThe Secretary shall report to Congress— (A) a comparison of States’ efforts to improve teaching quality; and (B) regarding the national mean and median scores on any standardized test that is used in more than 1 State for teacher certification or licensure. (3) Special rule \nIn the case of programs with fewer than 10 students who have completed at least 50 percent of the requirements for a teacher preparation program taking any single initial teacher certification or licensure assessment during an academic year, the Secretary shall collect and publish information with respect to an average pass rate on State certification or licensure assessments taken over a 3-year period. (c) Coordination \nThe Secretary, to the extent practicable, shall coordinate the information collected and published under this part among States for individuals who took State teacher certification or licensure assessments in a State other than the State in which the individual received the individual’s most recent degree. (d) Institution and program report cards on quality of teacher preparation \n(1) Report card \nEach institution of higher education or alternative certification program that conducts a teacher preparation program that enrolls students receiving Federal assistance under this Act shall report annually to the State and the general public, in a uniform and comprehensible manner that conforms with the definitions and methods established by the Secretary, both for traditional certification or licensure programs and for alternative certification or licensure programs, the following information: (A) Pass rate \n(i) For the most recent year for which the information is available, the pass rate of each student who has completed at least 50 percent of the requirements for the teacher preparation program on the teacher certification or licensure assessments of the State in which the institution is located, but only for those students who took those assessments within 3 years of receiving a degree from the institution or completing the program. (ii) A comparison of the institution or program’s pass rate for students who have completed at least 50 percent of the requirements for the teacher preparation program with the average pass rate for institutions and programs in the State. (iii) A comparison of the institution or program’s average raw score for students who have completed at least 50 percent of the requirements for the teacher preparation program with the average raw scores for institutions and programs in the State. (iv) In the case of programs with fewer than 10 students who have completed at least 50 percent of the requirements for a teacher preparation program taking any single initial teacher certification or licensure assessment during an academic year, the institution shall collect and publish information with respect to an average pass rate on State certification or licensure assessments taken over a 3-year period. (B) Program information \nThe number of students in the program, the average number of hours of supervised practice teaching required for those in the program, and the number of full-time equivalent faculty and students in supervised practice teaching. (C) Statement \nIn States that require approval or accreditation of teacher education programs, a statement of whether the institution’s program is so approved or accredited, and by whom. (D) Designation as low-performing \nWhether the program has been designated as low-performing by the State under section 208(a). (2) Requirement \nThe information described in paragraph (1) shall be reported through publications such as school catalogs and promotional materials sent to potential applicants, secondary school guidance counselors, and prospective employers of the institution’s program graduates, including materials sent by electronic means. (3) Fines \nIn addition to the actions authorized in section 487(c), the Secretary may impose a fine not to exceed $25,000 on an institution of higher education for failure to provide the information described in this subsection in a timely or accurate manner. (e) Data quality \nEither— (1) the Governor of the State; or (2) in the case of a State for which the constitution or law of such State designates another individual, entity, or agency in the State to be responsible for teacher certification and preparation activity, such individual, entity, or agency; shall attest annually, in writing, as to the reliability, validity, integrity, and accuracy of the data submitted pursuant to this section. 208. State functions \n(a) State assessment \nIn order to receive funds under this Act, a State shall have in place a procedure to identify and assist, through the provision of technical assistance, low-performing programs of teacher preparation within institutions of higher education. Such State shall provide the Secretary an annual list of such low-performing institutions that includes an identification of those institutions at risk of being placed on such list. Such levels of performance shall be determined solely by the State and may include criteria based upon information collected pursuant to this part. Such assessment shall be described in the report under section 207(a). (b) Termination of eligibility \nAny institution of higher education that offers a program of teacher preparation in which the State has withdrawn the State’s approval or terminated the State’s financial support due to the low performance of the institution’s teacher preparation program based upon the State assessment described in subsection (a)— (1) shall be ineligible for any funding for professional development activities awarded by the Department of Education; and (2) shall not be permitted to accept or enroll any student who receives aid under title IV of this Act in the institution’s teacher preparation program. 209. General provisions \n(a) Methods \nIn complying with sections 207 and 208, the Secretary shall ensure that States and institutions of higher education use fair and equitable methods in reporting and that the reporting methods do not allow identification of individuals. (b) Special rule \nFor each State in which there are no State certification or licensure assessments, or for States that do not set minimum performance levels on those assessments— (1) the Secretary shall, to the extent practicable, collect data comparable to the data required under this part from States, local educational agencies, institutions of higher education, or other entities that administer such assessments to teachers or prospective teachers; and (2) notwithstanding any other provision of this part, the Secretary shall use such data to carry out requirements of this part related to assessments or pass rates. (c) Limitations \n(1) Federal control prohibited \nNothing in this part shall be construed to permit, allow, encourage, or authorize any Federal control over any aspect of any private, religious, or home school, whether or not a home school is treated as a private school or home school under State law. This section shall not be construed to prohibit private, religious, or home schools from participation in programs or services under this part. (2) No change in State control encouraged or required \nNothing in this part shall be construed to encourage or require any change in a State’s treatment of any private, religious, or home school, whether or not a home school is treated as a private school or home school under State law. (3) National system of teacher certification prohibited \nNothing in this part shall be construed to permit, allow, encourage, or authorize the Secretary to establish or support any national system of teacher certification. 210. Authorization of appropriations \nThere are authorized to be appropriated to carry out this part $300,000,000 for fiscal year 2004 and such sums as may be necessary for each of the 4 succeeding fiscal years, of which— (1) 45 percent shall be available for each fiscal year to award grants under section 202; (2) 45 percent shall be available for each fiscal year to award grants under section 203; and (3) 10 percent shall be available for each fiscal year to award grants under section 204..",
"id": "H34449F8A24D645D0B1F254EDA688A877",
"header": "Teacher quality enhancement grants",
"nested": [],
"links": [
{
"text": "20 U.S.C. 1021 et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/20/1021"
},
{
"text": "20 U.S.C. 7801",
"legal-doc": "usc",
"parsable-cite": "usc/20/7801"
},
{
"text": "20 U.S.C. 7801",
"legal-doc": "usc",
"parsable-cite": "usc/20/7801"
},
{
"text": "42 U.S.C. 9902(2)",
"legal-doc": "usc",
"parsable-cite": "usc/42/9902"
},
{
"text": "20 U.S.C. 7801",
"legal-doc": "usc",
"parsable-cite": "usc/20/7801"
},
{
"text": "20 U.S.C. 6368",
"legal-doc": "usc",
"parsable-cite": "usc/20/6368"
},
{
"text": "20 U.S.C. 7801",
"legal-doc": "usc",
"parsable-cite": "usc/20/7801"
},
{
"text": "20 U.S.C. 6311(h)(1)(C)(viii)",
"legal-doc": "usc",
"parsable-cite": "usc/20/6311"
},
{
"text": "20 U.S.C. 6613(c)",
"legal-doc": "usc",
"parsable-cite": "usc/20/6613"
},
{
"text": "20 U.S.C. 6316(b)",
"legal-doc": "usc",
"parsable-cite": "usc/20/6316"
},
{
"text": "20 U.S.C. 6311(b)(3)",
"legal-doc": "usc",
"parsable-cite": "usc/20/6311"
},
{
"text": "20 U.S.C. 7881",
"legal-doc": "usc",
"parsable-cite": "usc/20/7881"
},
{
"text": "20 U.S.C. 6613(c)",
"legal-doc": "usc",
"parsable-cite": "usc/20/6613"
},
{
"text": "20 U.S.C. 6319",
"legal-doc": "usc",
"parsable-cite": "usc/20/6319"
}
]
},
{
"text": "201. Purposes; definitions \n(a) Purposes \nThe purposes of this part are to— (1) improve student academic achievement; (2) improve the quality of the current and future teaching force by improving the preparation of prospective teachers and enhancing professional development activities; (3) hold institutions of higher education accountable for preparing highly qualified teachers; and (4) recruit qualified individuals, including minorities and individuals from other occupations, into the teaching force. (b) Definitions \nIn this part: (1) Arts and sciences \nThe term arts and sciences means— (A) when referring to an organizational unit of an institution of higher education, any academic unit that offers 1 or more academic majors in disciplines or content areas corresponding to the academic subject matter areas in which teachers provide instruction; and (B) when referring to a specific academic subject matter area, the disciplines or content areas in which academic majors are offered by the arts and science organizational unit. (2) Exemplary teacher \nThe term exemplary teacher has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (3) Highly qualified \nThe term highly qualified has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (4) High-need local educational agency \nThe term high-need local educational agency means a local educational agency— (A) (i) (I) that serves not fewer than 10,000 children from families with incomes below the poverty line; or (II) for which not less than 25 percent of the children served by the agency are from families with incomes below the poverty line; (ii) that is among those serving the highest number or percentage of children from families with incomes below the poverty line in the State, but this clause applies only in a State that has no local educational agency meeting the requirements of clause (i); or (iii) with a total of less than 600 students in average daily attendance at the schools that are served by the agency and all of whose schools are designated with a school locale code of 7, as determined by the Secretary; and (B) (i) for which there is a high percentage of teachers not teaching in the academic subjects or grade levels that the teachers were trained to teach; or (ii) for which there is a high percentage of teachers with emergency, provisional, or temporary certification or licensing. (5) Poverty line \nThe term poverty line means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) )) applicable to a family of the size involved. (6) Professional development \nThe term professional development has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (7) Scientifically based reading research \nThe term scientifically based reading research has the meaning given such term in section 1208 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6368 ). (8) Scientifically based research \nThe term scientifically based research has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (9) Teaching skills \nThe term teaching skills means skills that— (A) are based on scientifically based research; (B) enable teachers to effectively convey and explain subject matter content; (C) lead to increased student academic achievement; and (D) use strategies that— (i) are specific to subject matter; (ii) include ongoing assessment of student learning; (iii) focus on identification and tailoring of academic instruction to students’s specific learning needs; and (iv) focus on classroom management.",
"id": "H87B8D403B9E04A20B7949078FD28CB38",
"header": "Purposes; definitions",
"nested": [
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"text": "(a) Purposes \nThe purposes of this part are to— (1) improve student academic achievement; (2) improve the quality of the current and future teaching force by improving the preparation of prospective teachers and enhancing professional development activities; (3) hold institutions of higher education accountable for preparing highly qualified teachers; and (4) recruit qualified individuals, including minorities and individuals from other occupations, into the teaching force.",
"id": "HD0E88FA752F049D0B5194C51B5DF2A9",
"header": "Purposes",
"nested": [],
"links": []
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"text": "(b) Definitions \nIn this part: (1) Arts and sciences \nThe term arts and sciences means— (A) when referring to an organizational unit of an institution of higher education, any academic unit that offers 1 or more academic majors in disciplines or content areas corresponding to the academic subject matter areas in which teachers provide instruction; and (B) when referring to a specific academic subject matter area, the disciplines or content areas in which academic majors are offered by the arts and science organizational unit. (2) Exemplary teacher \nThe term exemplary teacher has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (3) Highly qualified \nThe term highly qualified has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (4) High-need local educational agency \nThe term high-need local educational agency means a local educational agency— (A) (i) (I) that serves not fewer than 10,000 children from families with incomes below the poverty line; or (II) for which not less than 25 percent of the children served by the agency are from families with incomes below the poverty line; (ii) that is among those serving the highest number or percentage of children from families with incomes below the poverty line in the State, but this clause applies only in a State that has no local educational agency meeting the requirements of clause (i); or (iii) with a total of less than 600 students in average daily attendance at the schools that are served by the agency and all of whose schools are designated with a school locale code of 7, as determined by the Secretary; and (B) (i) for which there is a high percentage of teachers not teaching in the academic subjects or grade levels that the teachers were trained to teach; or (ii) for which there is a high percentage of teachers with emergency, provisional, or temporary certification or licensing. (5) Poverty line \nThe term poverty line means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) )) applicable to a family of the size involved. (6) Professional development \nThe term professional development has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (7) Scientifically based reading research \nThe term scientifically based reading research has the meaning given such term in section 1208 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6368 ). (8) Scientifically based research \nThe term scientifically based research has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (9) Teaching skills \nThe term teaching skills means skills that— (A) are based on scientifically based research; (B) enable teachers to effectively convey and explain subject matter content; (C) lead to increased student academic achievement; and (D) use strategies that— (i) are specific to subject matter; (ii) include ongoing assessment of student learning; (iii) focus on identification and tailoring of academic instruction to students’s specific learning needs; and (iv) focus on classroom management.",
"id": "HEF86A31837504767BBD9CCB0BD9F994D",
"header": "Definitions",
"nested": [],
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"text": "20 U.S.C. 7801",
"legal-doc": "usc",
"parsable-cite": "usc/20/7801"
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"text": "20 U.S.C. 7801",
"legal-doc": "usc",
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"text": "42 U.S.C. 9902(2)",
"legal-doc": "usc",
"parsable-cite": "usc/42/9902"
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"text": "20 U.S.C. 7801",
"legal-doc": "usc",
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"text": "20 U.S.C. 6368",
"legal-doc": "usc",
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"text": "20 U.S.C. 7801",
"legal-doc": "usc",
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"text": "20 U.S.C. 7801",
"legal-doc": "usc",
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},
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"text": "20 U.S.C. 7801",
"legal-doc": "usc",
"parsable-cite": "usc/20/7801"
},
{
"text": "42 U.S.C. 9902(2)",
"legal-doc": "usc",
"parsable-cite": "usc/42/9902"
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{
"text": "20 U.S.C. 7801",
"legal-doc": "usc",
"parsable-cite": "usc/20/7801"
},
{
"text": "20 U.S.C. 6368",
"legal-doc": "usc",
"parsable-cite": "usc/20/6368"
},
{
"text": "20 U.S.C. 7801",
"legal-doc": "usc",
"parsable-cite": "usc/20/7801"
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},
{
"text": "202. State grants \n(a) In general \nFrom amounts made available under section 210(1) for a fiscal year, the Secretary is authorized to award grants under this section, on a competitive basis, to eligible States to enable the eligible States to carry out the activities described in subsection (d). (b) Eligible State \n(1) Definition \nIn this part, the term eligible State means— (A) the Governor of a State; or (B) in the case of a State for which the constitution or law of such State designates another individual, entity, or agency in the State to be responsible for teacher certification and preparation activity, such individual, entity, or agency. (2) Consultation \nThe Governor or the individual, entity, or agency designated under paragraph (1)(B) shall consult with the Governor, State board of education, State educational agency, or State agency for higher education, as appropriate, with respect to the activities assisted under this section. (3) Construction \nNothing in this subsection shall be construed to negate or supersede the legal authority under State law of any State agency, State entity, or State public official over programs that are under the jurisdiction of the agency, entity, or official. (c) Application \nTo be eligible to receive a grant under this section, an eligible State shall submit an application to the Secretary that— (1) meets the requirement of this section; (2) demonstrates that the State is in full compliance with sections 207 and 208; (3) includes a description of how the eligible State intends to use funds provided under this section; (4) includes measurable objectives for the use of the funds provided under the grant; (5) demonstrates the State has submitted and is actively implementing a plan that meets the requirements of sections 1111(h)(1)(C)(viii) and 1119 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(h)(1)(C)(viii) and 6319); and (6) contains such other information and assurances as the Secretary may require. (d) Uses of funds \nAn eligible State that receives a grant under this section shall use the grant funds to reform teacher preparation requirements, to coordinate with State activities under section 2113(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6613(c) ), and to ensure that current and future teachers are highly qualified, by carrying out one or more of the following activities: (1) Reforms \nEnsuring that all teacher preparation programs in the State are preparing teachers who are highly qualified, are able to understand scientifically based research and its applicability, and are able to use advanced technology effectively in the classroom, including use for instructional techniques to improve student academic achievement, by assisting such programs— (A) to retrain faculty; and (B) to design (or redesign) teacher preparation programs so they— (i) are based on rigorous academic content, scientifically based research (including scientifically based reading research), and challenging State student academic content standards; and (ii) promote strong teaching skills. (2) Certification or licensure requirements \nReforming teacher certification (including recertification) or licensing requirements to ensure that— (A) teachers have the subject matter knowledge and teaching skills in the academic subjects that the teachers teach that are necessary to help students meet challenging State student academic achievement standards; and (B) such requirements are aligned with challenging State academic content standards. (3) Alternatives to traditional teacher preparation and State certification \nProviding prospective teachers with alternative routes to State certification and traditional preparation to become highly qualified teachers through— (A) innovative approaches that reduce unnecessary barriers to State certification while producing highly qualified teachers; (B) programs that provide support to teachers during their initial years in the profession; and (C) alternative routes to State certification of teachers for qualified individuals, including mid-career professionals from other occupations, former military personnel, and recent college graduates with records of academic distinction. (4) Innovative programs \nPlanning and implementing innovative programs to enhance the ability of institutions of higher education to prepare highly qualified teachers, such as charter colleges of education or university and local educational agency partnership schools, that— (A) permit flexibility in meeting State requirements as long as graduates, during their initial years in the profession, increase student academic achievement; (B) provide long-term data gathered from teachers’ performance over multiple years in the classroom on the ability to increase student academic achievement; (C) ensure high-quality preparation of teachers from underrepresented groups; and (D) create performance measures that can be used to document the effectiveness of innovative methods for preparing highly qualified teachers. (5) Merit pay \nDeveloping, or assisting local educational agencies in developing— (A) merit-based performance systems that reward teachers who increase student academic achievement; and (B) strategies that provide differential and bonus pay in high-need local educational agencies to retain— (i) principals; (ii) highly qualified teachers who teach in high-need academic subjects, such as reading, mathematics, and science; (iii) highly qualified teachers who teach in schools identified for school improvement under section 1116(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6316(b) ); (iv) special education teachers; (v) teachers specializing in teaching limited English proficient children; and (vi) highly qualified teachers in urban and rural schools or districts. (6) Teacher advancement \nDeveloping, or assisting local educational agencies in developing, teacher advancement and retention initiatives that promote professional growth and emphasize multiple career paths (such as paths to becoming a highly qualified mentor teacher or exemplary teacher) and pay differentiation. (7) Teacher removal \nDeveloping and implementing effective mechanisms to ensure that local educational agencies and schools are able to remove expeditiously incompetent or unqualified teachers consistent with procedures to ensure due process for the teachers. (8) Technical assistance \nProviding technical assistance to low-performing teacher preparation programs within institutions of higher education identified under section 208(a). (9) Teacher effectiveness \nDeveloping— (A) systems to measure the effectiveness of teacher preparation programs and professional development programs; and (B) strategies to document gains in student academic achievement or increases in teacher mastery of the academic subjects the teachers teach as a result of such programs. (10) Teacher recruitment and retention \nUndertaking activities that— (A) develop and implement effective mechanisms to ensure that local educational agencies and schools are able effectively to recruit and retain highly qualified teachers; or (B) are described in section 204(d). (11) Preschool teachers \nDeveloping strategies— (A) to improve the qualifications of preschool teachers, which may include State certification for such teachers; and (B) to improve and expand preschool teacher preparation programs. (e) Evaluation \n(1) Evaluation system \nAn eligible State that receives a grant under this section shall develop and utilize a system to evaluate annually the effectiveness of teacher preparation programs and professional development activities within the State in producing gains in— (A) the teacher’s annual contribution to improving student academic achievement, as measured by State academic assessments required under section 1111(b)(3) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(3) ); and (B) teacher mastery of the academic subjects they teach, as measured by pre- and post-participation tests of teacher knowledge, as appropriate. (2) Use of evaluation system \nSuch evaluation system shall be used by the State to evaluate— (A) activities carried out using funds provided under this section; and (B) the quality of its teacher education programs. (3) Public reporting \nThe State shall make the information described in paragraph (1) widely available through public means, such as posting on the Internet, distribution to the media, and distribution through public agencies.",
"id": "HD6261FDE9D044BDB9F00A7DF88F48939",
"header": "State grants",
"nested": [
{
"text": "(a) In general \nFrom amounts made available under section 210(1) for a fiscal year, the Secretary is authorized to award grants under this section, on a competitive basis, to eligible States to enable the eligible States to carry out the activities described in subsection (d).",
"id": "H3FBB6CC3996E4C9D9883D9C5CAB300A8",
"header": "In general",
"nested": [],
"links": []
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"text": "(b) Eligible State \n(1) Definition \nIn this part, the term eligible State means— (A) the Governor of a State; or (B) in the case of a State for which the constitution or law of such State designates another individual, entity, or agency in the State to be responsible for teacher certification and preparation activity, such individual, entity, or agency. (2) Consultation \nThe Governor or the individual, entity, or agency designated under paragraph (1)(B) shall consult with the Governor, State board of education, State educational agency, or State agency for higher education, as appropriate, with respect to the activities assisted under this section. (3) Construction \nNothing in this subsection shall be construed to negate or supersede the legal authority under State law of any State agency, State entity, or State public official over programs that are under the jurisdiction of the agency, entity, or official.",
"id": "HFC30A4EA79494CFCB77622FCEFB60646",
"header": "Eligible State",
"nested": [],
"links": []
},
{
"text": "(c) Application \nTo be eligible to receive a grant under this section, an eligible State shall submit an application to the Secretary that— (1) meets the requirement of this section; (2) demonstrates that the State is in full compliance with sections 207 and 208; (3) includes a description of how the eligible State intends to use funds provided under this section; (4) includes measurable objectives for the use of the funds provided under the grant; (5) demonstrates the State has submitted and is actively implementing a plan that meets the requirements of sections 1111(h)(1)(C)(viii) and 1119 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(h)(1)(C)(viii) and 6319); and (6) contains such other information and assurances as the Secretary may require.",
"id": "HD3A6998639474C08AD96A5F994FF6C01",
"header": "Application",
"nested": [],
"links": [
{
"text": "20 U.S.C. 6311(h)(1)(C)(viii)",
"legal-doc": "usc",
"parsable-cite": "usc/20/6311"
}
]
},
{
"text": "(d) Uses of funds \nAn eligible State that receives a grant under this section shall use the grant funds to reform teacher preparation requirements, to coordinate with State activities under section 2113(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6613(c) ), and to ensure that current and future teachers are highly qualified, by carrying out one or more of the following activities: (1) Reforms \nEnsuring that all teacher preparation programs in the State are preparing teachers who are highly qualified, are able to understand scientifically based research and its applicability, and are able to use advanced technology effectively in the classroom, including use for instructional techniques to improve student academic achievement, by assisting such programs— (A) to retrain faculty; and (B) to design (or redesign) teacher preparation programs so they— (i) are based on rigorous academic content, scientifically based research (including scientifically based reading research), and challenging State student academic content standards; and (ii) promote strong teaching skills. (2) Certification or licensure requirements \nReforming teacher certification (including recertification) or licensing requirements to ensure that— (A) teachers have the subject matter knowledge and teaching skills in the academic subjects that the teachers teach that are necessary to help students meet challenging State student academic achievement standards; and (B) such requirements are aligned with challenging State academic content standards. (3) Alternatives to traditional teacher preparation and State certification \nProviding prospective teachers with alternative routes to State certification and traditional preparation to become highly qualified teachers through— (A) innovative approaches that reduce unnecessary barriers to State certification while producing highly qualified teachers; (B) programs that provide support to teachers during their initial years in the profession; and (C) alternative routes to State certification of teachers for qualified individuals, including mid-career professionals from other occupations, former military personnel, and recent college graduates with records of academic distinction. (4) Innovative programs \nPlanning and implementing innovative programs to enhance the ability of institutions of higher education to prepare highly qualified teachers, such as charter colleges of education or university and local educational agency partnership schools, that— (A) permit flexibility in meeting State requirements as long as graduates, during their initial years in the profession, increase student academic achievement; (B) provide long-term data gathered from teachers’ performance over multiple years in the classroom on the ability to increase student academic achievement; (C) ensure high-quality preparation of teachers from underrepresented groups; and (D) create performance measures that can be used to document the effectiveness of innovative methods for preparing highly qualified teachers. (5) Merit pay \nDeveloping, or assisting local educational agencies in developing— (A) merit-based performance systems that reward teachers who increase student academic achievement; and (B) strategies that provide differential and bonus pay in high-need local educational agencies to retain— (i) principals; (ii) highly qualified teachers who teach in high-need academic subjects, such as reading, mathematics, and science; (iii) highly qualified teachers who teach in schools identified for school improvement under section 1116(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6316(b) ); (iv) special education teachers; (v) teachers specializing in teaching limited English proficient children; and (vi) highly qualified teachers in urban and rural schools or districts. (6) Teacher advancement \nDeveloping, or assisting local educational agencies in developing, teacher advancement and retention initiatives that promote professional growth and emphasize multiple career paths (such as paths to becoming a highly qualified mentor teacher or exemplary teacher) and pay differentiation. (7) Teacher removal \nDeveloping and implementing effective mechanisms to ensure that local educational agencies and schools are able to remove expeditiously incompetent or unqualified teachers consistent with procedures to ensure due process for the teachers. (8) Technical assistance \nProviding technical assistance to low-performing teacher preparation programs within institutions of higher education identified under section 208(a). (9) Teacher effectiveness \nDeveloping— (A) systems to measure the effectiveness of teacher preparation programs and professional development programs; and (B) strategies to document gains in student academic achievement or increases in teacher mastery of the academic subjects the teachers teach as a result of such programs. (10) Teacher recruitment and retention \nUndertaking activities that— (A) develop and implement effective mechanisms to ensure that local educational agencies and schools are able effectively to recruit and retain highly qualified teachers; or (B) are described in section 204(d). (11) Preschool teachers \nDeveloping strategies— (A) to improve the qualifications of preschool teachers, which may include State certification for such teachers; and (B) to improve and expand preschool teacher preparation programs.",
"id": "HE5DE108A6C9C4A20005EF3312068179C",
"header": "Uses of funds",
"nested": [],
"links": [
{
"text": "20 U.S.C. 6613(c)",
"legal-doc": "usc",
"parsable-cite": "usc/20/6613"
},
{
"text": "20 U.S.C. 6316(b)",
"legal-doc": "usc",
"parsable-cite": "usc/20/6316"
}
]
},
{
"text": "(e) Evaluation \n(1) Evaluation system \nAn eligible State that receives a grant under this section shall develop and utilize a system to evaluate annually the effectiveness of teacher preparation programs and professional development activities within the State in producing gains in— (A) the teacher’s annual contribution to improving student academic achievement, as measured by State academic assessments required under section 1111(b)(3) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(3) ); and (B) teacher mastery of the academic subjects they teach, as measured by pre- and post-participation tests of teacher knowledge, as appropriate. (2) Use of evaluation system \nSuch evaluation system shall be used by the State to evaluate— (A) activities carried out using funds provided under this section; and (B) the quality of its teacher education programs. (3) Public reporting \nThe State shall make the information described in paragraph (1) widely available through public means, such as posting on the Internet, distribution to the media, and distribution through public agencies.",
"id": "H3E806C2073FE48589847EA03D8ED64C0",
"header": "Evaluation",
"nested": [],
"links": [
{
"text": "20 U.S.C. 6311(b)(3)",
"legal-doc": "usc",
"parsable-cite": "usc/20/6311"
}
]
}
],
"links": [
{
"text": "20 U.S.C. 6311(h)(1)(C)(viii)",
"legal-doc": "usc",
"parsable-cite": "usc/20/6311"
},
{
"text": "20 U.S.C. 6613(c)",
"legal-doc": "usc",
"parsable-cite": "usc/20/6613"
},
{
"text": "20 U.S.C. 6316(b)",
"legal-doc": "usc",
"parsable-cite": "usc/20/6316"
},
{
"text": "20 U.S.C. 6311(b)(3)",
"legal-doc": "usc",
"parsable-cite": "usc/20/6311"
}
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},
{
"text": "203. Partnership grants \n(a) Grants \nFrom amounts made available under section 210(2) for a fiscal year, the Secretary is authorized to award grants under this section, on a competitive basis, to eligible partnerships to enable the eligible partnerships to carry out the activities described in subsections (d) and (e). (b) Definitions \n(1) Eligible partnerships \nIn this part, the term eligible partnership means an entity that— (A) shall include— (i) a partner institution; (ii) a school of arts and sciences; (iii) a high-need local educational agency; and (iv) a public or private educational organization; and (B) may include a Governor, State educational agency, the State board of education, the State agency for higher education, an institution of higher education not described in subparagraph (A), a public charter school, a public or private elementary school or secondary school, a public or private educational organization, a business, a science-, mathematics-, or technology-oriented entity, a faith-based or community organization, a prekindergarten program, a teacher organization, an education service agency, a consortia of local educational agencies, or a nonprofit telecommunications entity. (2) Partner institution \nIn this section, the term partner institution means an institution of higher education, the teacher training program of which demonstrates that— (A) graduates from the teacher training program exhibit strong performance on State-determined qualifying assessments for new teachers through— (i) demonstrating that the graduates of the program who intend to enter the field of teaching have passed all of the applicable State qualification assessments for new teachers, which shall include an assessment of each prospective teacher’s subject matter knowledge in the content area or areas in which the teacher intends to teach; or (ii) being ranked among the highest-performing teacher preparation programs in the State as determined by the State— (I) using criteria consistent with the requirements for the State report card under section 207(a); and (II) using the State report card on teacher preparation required under section 207(a); or (B) the teacher training program requires all the students of the program to participate in intensive clinical experience, to meet high academic standards, and— (i) in the case of secondary school candidates, to successfully complete an academic major in the subject area in which the candidate intends to teach or to demonstrate competence through a high level of performance in relevant content areas; and (ii) in the case of elementary school candidates, to successfully complete an academic major in the arts and sciences or to demonstrate competence through a high level of performance in core academic subject areas. (c) Application \nEach eligible partnership desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Each such application shall— (1) contain a needs assessment of all the partners with respect to teaching and learning and a description of how the partnership will coordinate with other teacher training or professional development programs, and how the activities of the partnership will be consistent with State, local, and other education reform activities that promote student academic achievement; (2) contain a resource assessment that describes the resources available to the partnership, the intended use of the grant funds, including a description of how the grant funds will be used in accordance with subsection (f), and the commitment of the resources of the partnership to the activities assisted under this part, including financial support, faculty participation, time commitments, and continuation of the activities when the grant ends; (3) contain a description of— (A) how the partnership will meet the purposes of this part; (B) how the partnership will carry out the activities required under subsection (d) and any permissible activities under subsection (e); (C) the partnership’s evaluation plan pursuant to section 206(b); (D) how faculty of the teacher preparation program at the partner institution will serve, over the term of the grant, with highly qualified teachers in the classrooms of the high-need local educational agency included in the partnership; (E) how the partnership will ensure that teachers, principals, and superintendents in private elementary and secondary schools located in the geographic areas served by an eligible partnership under this section will participate equitably in accordance with section 9501 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7881 ); (F) how the partnership will design and implement a clinical program component that includes close supervision of student teachers by faculty of the teacher preparation program at the partner institution and mentor teachers; (G) how the partnership will design and implement an induction program to support all new teachers through the first 3 years of teaching that includes mentors who are trained and compensated by the partnership for their work with new teachers; and (H) how the partnership will collect, analyze, and use data on the retention of all teachers in schools located in the geographic areas served by the partnership to evaluate the effectiveness of its teacher support system; and (4) contain a certification from the high-need local educational agency included in the partnership that it has reviewed the application and determined that the grant proposed will comply with subsection (f). (d) Required uses of funds \nAn eligible partnership that receives a grant under this section shall use the grant funds to reform teacher preparation requirements, to coordinate with State activities under section 2113(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6613(c) ), and to ensure that current and future teachers are highly qualified, by carrying out one or more of the following activities: (1) Reforms \nImplementing reforms within teacher preparation programs to ensure that such programs are preparing teachers who are highly qualified, are able to understand scientifically based research and its applicability, and are able to use advanced technology effectively in the classroom, including use for instructional techniques to improve student academic achievement, by— (A) retraining faculty; and (B) designing (or redesigning) teacher preparation programs so they— (i) are based on rigorous academic content, scientifically based research (including scientifically based reading research), and challenging State student academic content standards; and (ii) promote strong teaching skills. (2) Clinical experience and interaction \nProviding sustained and high-quality preservice and in-service clinical experience, including the mentoring of prospective teachers by exemplary teachers, substantially increasing interaction between faculty at institutions of higher education and new and experienced teachers, principals, and other administrators at elementary schools or secondary schools, and providing support for teachers, including preparation time and release time, for such interaction. (3) Professional development \nCreating opportunities for enhanced and ongoing professional development that improves the academic content knowledge of teachers in the subject areas in which the teachers are certified to teach or in which the teachers are working toward certification to teach, and that promotes strong teaching skills. (4) Teacher preparation \nDeveloping, or assisting local educational agencies in developing, professional development activities that— (A) provide training in how to teach and address the needs of students with different learning styles, particularly students with disabilities, limited English proficient students, and students with special learning needs; and (B) provide training in methods of— (i) improving student behavior in the classroom; and (ii) identifying early and appropriate interventions to help students described in subparagraph (A) learn. (e) Allowable uses of funds \nAn eligible partnership that receives a grant under this section may use such funds to carry out the following activities: (1) Alternatives to traditional teacher preparation and State certification \nProviding prospective teachers with alternative routes to State certification and traditional preparation to become highly qualified teachers through— (A) innovative approaches that reduce unnecessary barriers to teacher preparation while producing highly qualified teachers; (B) programs that provide support during a teacher’s initial years in the profession; and (C) alternative routes to State certification of teachers for qualified individuals, including mid-career professionals from other occupations, former military personnel, and recent college graduates with records of academic distinction. (2) Dissemination and coordination \nBroadly disseminating information on effective practices used by the partnership, and coordinating with the activities of the Governor, State board of education, State higher education agency, and State educational agency, as appropriate. (3) Managerial and leadership skills \nDeveloping and implementing professional development programs for principals and superintendents that enable them to be effective school leaders and prepare all students to meet challenging State academic content and student academic achievement standards. (4) Teacher recruitment \nActivities— (A) to encourage students to become highly qualified teachers, such as extracurricular enrichment activities; and (B) activities described in section 204(d). (5) Clinical experience in science, mathematics, and technology \nCreating opportunities for clinical experience and training, by participation in the business, research, and work environments with professionals, in areas relating to science, mathematics, and technology for teachers and prospective teachers, including opportunities for use of laboratory equipment, in order for the teacher to return to the classroom for at least 2 years and provide instruction that will raise student academic achievement. (6) Coordination with community colleges \nCoordinating with community colleges to implement teacher preparation programs, including through distance learning, for the purposes of allowing prospective teachers— (A) to attain a bachelor’s degree and State certification or licensure; and (B) to become highly qualified teachers. (7) Teacher mentoring \nEstablishing or implementing a teacher mentoring program that— (A) includes minimum qualifications for mentors; (B) provides training and stipends for mentors; (C) provides mentoring programs for teachers in their first 3 years of teaching; (D) provides regular and ongoing opportunities for mentors and mentees to observe each other’s teaching methods in classroom settings during the school day; (E) establishes an evaluation and accountability plan for activities conducted under this paragraph that includes rigorous objectives to measure the impact of such activities; and (F) provides for a report to the Secretary on an annual basis regarding the partnership’s progress in meeting the objectives described in subparagraph (E). (8) Computer software for multilingual education \nTraining teachers to use computer software for multilingual education to address the needs of limited English proficient students. (f) Special rule \nAt least 50 percent of the funds made available to an eligible partnership under this section shall be used directly to benefit the high-need local educational agency included in the partnership. Any entity described in subsection (b)(1)(A) may be the fiscal agent under this section. (g) Construction \nNothing in this section shall be construed to prohibit an eligible partnership from using grant funds to coordinate with the activities of more than one Governor, State board of education, State educational agency, local educational agency, or State agency for higher education. (h) Supplement, not supplant \nFunds made available under this section shall be used to supplement, and not supplant, other Federal, State, and local funds that would otherwise be expended to carry out the purposes of this section.",
"id": "H8D58A5AD710A46CB835FCED8EE2C65A1",
"header": "Partnership grants",
"nested": [
{
"text": "(a) Grants \nFrom amounts made available under section 210(2) for a fiscal year, the Secretary is authorized to award grants under this section, on a competitive basis, to eligible partnerships to enable the eligible partnerships to carry out the activities described in subsections (d) and (e).",
"id": "HADE1ABDD0B3A43608326EC80FE141EF5",
"header": "Grants",
"nested": [],
"links": []
},
{
"text": "(b) Definitions \n(1) Eligible partnerships \nIn this part, the term eligible partnership means an entity that— (A) shall include— (i) a partner institution; (ii) a school of arts and sciences; (iii) a high-need local educational agency; and (iv) a public or private educational organization; and (B) may include a Governor, State educational agency, the State board of education, the State agency for higher education, an institution of higher education not described in subparagraph (A), a public charter school, a public or private elementary school or secondary school, a public or private educational organization, a business, a science-, mathematics-, or technology-oriented entity, a faith-based or community organization, a prekindergarten program, a teacher organization, an education service agency, a consortia of local educational agencies, or a nonprofit telecommunications entity. (2) Partner institution \nIn this section, the term partner institution means an institution of higher education, the teacher training program of which demonstrates that— (A) graduates from the teacher training program exhibit strong performance on State-determined qualifying assessments for new teachers through— (i) demonstrating that the graduates of the program who intend to enter the field of teaching have passed all of the applicable State qualification assessments for new teachers, which shall include an assessment of each prospective teacher’s subject matter knowledge in the content area or areas in which the teacher intends to teach; or (ii) being ranked among the highest-performing teacher preparation programs in the State as determined by the State— (I) using criteria consistent with the requirements for the State report card under section 207(a); and (II) using the State report card on teacher preparation required under section 207(a); or (B) the teacher training program requires all the students of the program to participate in intensive clinical experience, to meet high academic standards, and— (i) in the case of secondary school candidates, to successfully complete an academic major in the subject area in which the candidate intends to teach or to demonstrate competence through a high level of performance in relevant content areas; and (ii) in the case of elementary school candidates, to successfully complete an academic major in the arts and sciences or to demonstrate competence through a high level of performance in core academic subject areas.",
"id": "H29EC3B7AF8D746FDA4E7A95173BF3ED0",
"header": "Definitions",
"nested": [],
"links": []
},
{
"text": "(c) Application \nEach eligible partnership desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Each such application shall— (1) contain a needs assessment of all the partners with respect to teaching and learning and a description of how the partnership will coordinate with other teacher training or professional development programs, and how the activities of the partnership will be consistent with State, local, and other education reform activities that promote student academic achievement; (2) contain a resource assessment that describes the resources available to the partnership, the intended use of the grant funds, including a description of how the grant funds will be used in accordance with subsection (f), and the commitment of the resources of the partnership to the activities assisted under this part, including financial support, faculty participation, time commitments, and continuation of the activities when the grant ends; (3) contain a description of— (A) how the partnership will meet the purposes of this part; (B) how the partnership will carry out the activities required under subsection (d) and any permissible activities under subsection (e); (C) the partnership’s evaluation plan pursuant to section 206(b); (D) how faculty of the teacher preparation program at the partner institution will serve, over the term of the grant, with highly qualified teachers in the classrooms of the high-need local educational agency included in the partnership; (E) how the partnership will ensure that teachers, principals, and superintendents in private elementary and secondary schools located in the geographic areas served by an eligible partnership under this section will participate equitably in accordance with section 9501 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7881 ); (F) how the partnership will design and implement a clinical program component that includes close supervision of student teachers by faculty of the teacher preparation program at the partner institution and mentor teachers; (G) how the partnership will design and implement an induction program to support all new teachers through the first 3 years of teaching that includes mentors who are trained and compensated by the partnership for their work with new teachers; and (H) how the partnership will collect, analyze, and use data on the retention of all teachers in schools located in the geographic areas served by the partnership to evaluate the effectiveness of its teacher support system; and (4) contain a certification from the high-need local educational agency included in the partnership that it has reviewed the application and determined that the grant proposed will comply with subsection (f).",
"id": "H03E136717F1640D2B0ACF09CB0FB97A2",
"header": "Application",
"nested": [],
"links": [
{
"text": "20 U.S.C. 7881",
"legal-doc": "usc",
"parsable-cite": "usc/20/7881"
}
]
},
{
"text": "(d) Required uses of funds \nAn eligible partnership that receives a grant under this section shall use the grant funds to reform teacher preparation requirements, to coordinate with State activities under section 2113(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6613(c) ), and to ensure that current and future teachers are highly qualified, by carrying out one or more of the following activities: (1) Reforms \nImplementing reforms within teacher preparation programs to ensure that such programs are preparing teachers who are highly qualified, are able to understand scientifically based research and its applicability, and are able to use advanced technology effectively in the classroom, including use for instructional techniques to improve student academic achievement, by— (A) retraining faculty; and (B) designing (or redesigning) teacher preparation programs so they— (i) are based on rigorous academic content, scientifically based research (including scientifically based reading research), and challenging State student academic content standards; and (ii) promote strong teaching skills. (2) Clinical experience and interaction \nProviding sustained and high-quality preservice and in-service clinical experience, including the mentoring of prospective teachers by exemplary teachers, substantially increasing interaction between faculty at institutions of higher education and new and experienced teachers, principals, and other administrators at elementary schools or secondary schools, and providing support for teachers, including preparation time and release time, for such interaction. (3) Professional development \nCreating opportunities for enhanced and ongoing professional development that improves the academic content knowledge of teachers in the subject areas in which the teachers are certified to teach or in which the teachers are working toward certification to teach, and that promotes strong teaching skills. (4) Teacher preparation \nDeveloping, or assisting local educational agencies in developing, professional development activities that— (A) provide training in how to teach and address the needs of students with different learning styles, particularly students with disabilities, limited English proficient students, and students with special learning needs; and (B) provide training in methods of— (i) improving student behavior in the classroom; and (ii) identifying early and appropriate interventions to help students described in subparagraph (A) learn.",
"id": "H475C1309117E4C22999F50E9567226E1",
"header": "Required uses of funds",
"nested": [],
"links": [
{
"text": "20 U.S.C. 6613(c)",
"legal-doc": "usc",
"parsable-cite": "usc/20/6613"
}
]
},
{
"text": "(e) Allowable uses of funds \nAn eligible partnership that receives a grant under this section may use such funds to carry out the following activities: (1) Alternatives to traditional teacher preparation and State certification \nProviding prospective teachers with alternative routes to State certification and traditional preparation to become highly qualified teachers through— (A) innovative approaches that reduce unnecessary barriers to teacher preparation while producing highly qualified teachers; (B) programs that provide support during a teacher’s initial years in the profession; and (C) alternative routes to State certification of teachers for qualified individuals, including mid-career professionals from other occupations, former military personnel, and recent college graduates with records of academic distinction. (2) Dissemination and coordination \nBroadly disseminating information on effective practices used by the partnership, and coordinating with the activities of the Governor, State board of education, State higher education agency, and State educational agency, as appropriate. (3) Managerial and leadership skills \nDeveloping and implementing professional development programs for principals and superintendents that enable them to be effective school leaders and prepare all students to meet challenging State academic content and student academic achievement standards. (4) Teacher recruitment \nActivities— (A) to encourage students to become highly qualified teachers, such as extracurricular enrichment activities; and (B) activities described in section 204(d). (5) Clinical experience in science, mathematics, and technology \nCreating opportunities for clinical experience and training, by participation in the business, research, and work environments with professionals, in areas relating to science, mathematics, and technology for teachers and prospective teachers, including opportunities for use of laboratory equipment, in order for the teacher to return to the classroom for at least 2 years and provide instruction that will raise student academic achievement. (6) Coordination with community colleges \nCoordinating with community colleges to implement teacher preparation programs, including through distance learning, for the purposes of allowing prospective teachers— (A) to attain a bachelor’s degree and State certification or licensure; and (B) to become highly qualified teachers. (7) Teacher mentoring \nEstablishing or implementing a teacher mentoring program that— (A) includes minimum qualifications for mentors; (B) provides training and stipends for mentors; (C) provides mentoring programs for teachers in their first 3 years of teaching; (D) provides regular and ongoing opportunities for mentors and mentees to observe each other’s teaching methods in classroom settings during the school day; (E) establishes an evaluation and accountability plan for activities conducted under this paragraph that includes rigorous objectives to measure the impact of such activities; and (F) provides for a report to the Secretary on an annual basis regarding the partnership’s progress in meeting the objectives described in subparagraph (E). (8) Computer software for multilingual education \nTraining teachers to use computer software for multilingual education to address the needs of limited English proficient students.",
"id": "H77C5D56C26154D75AC57560092A5A5D4",
"header": "Allowable uses of funds",
"nested": [],
"links": []
},
{
"text": "(f) Special rule \nAt least 50 percent of the funds made available to an eligible partnership under this section shall be used directly to benefit the high-need local educational agency included in the partnership. Any entity described in subsection (b)(1)(A) may be the fiscal agent under this section.",
"id": "H2DF975E66E7E468680DCB91254013BD",
"header": "Special rule",
"nested": [],
"links": []
},
{
"text": "(g) Construction \nNothing in this section shall be construed to prohibit an eligible partnership from using grant funds to coordinate with the activities of more than one Governor, State board of education, State educational agency, local educational agency, or State agency for higher education.",
"id": "H638AE65011934DFC94BF3E8B96FDA31D",
"header": "Construction",
"nested": [],
"links": []
},
{
"text": "(h) Supplement, not supplant \nFunds made available under this section shall be used to supplement, and not supplant, other Federal, State, and local funds that would otherwise be expended to carry out the purposes of this section.",
"id": "H014CD594DEFC4E3F988C968F8C257CA8",
"header": "Supplement, not supplant",
"nested": [],
"links": []
}
],
"links": [
{
"text": "20 U.S.C. 7881",
"legal-doc": "usc",
"parsable-cite": "usc/20/7881"
},
{
"text": "20 U.S.C. 6613(c)",
"legal-doc": "usc",
"parsable-cite": "usc/20/6613"
}
]
},
{
"text": "204. Teacher recruitment grants \n(a) Program authorized \nFrom amounts made available under section 210(3) for a fiscal year, the Secretary is authorized to award grants, on a competitive basis, to eligible applicants to enable the eligible applicants to carry out activities described in subsection (d). (b) Eligible applicant defined \nIn this part, the term eligible applicant means— (1) an eligible State described in section 202(b); or (2) an eligible partnership described in section 203(b). (c) Application \nAny eligible applicant desiring to receive a grant under this section shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require, including— (1) a description of the assessment that the eligible applicant, and the other entities with whom the eligible applicant will carry out the grant activities, have undertaken to determine the most critical needs of the participating high-need local educational agencies; (2) a description of the activities the eligible applicant will carry out with the grant, including the extent to which the applicant will use funds to recruit minority students to become highly qualified teachers; and (3) a description of the eligible applicant’s plan for continuing the activities carried out with the grant, once Federal funding ceases. (d) Uses of funds \nEach eligible applicant receiving a grant under this section shall use the grant funds— (1) (A) to award scholarships to help students, such as individuals who have been accepted for their first year, or who are enrolled in their first or second year, of a program of undergraduate education at an institution of higher education, pay the costs of tuition, room, board, and other expenses of completing a teacher preparation program; (B) to provide support services, if needed to enable scholarship recipients— (i) to complete postsecondary education programs; or (ii) to transition from a career outside of the field of education into a teaching career; and (C) for followup services provided to former scholarship recipients during the recipients first 3 years of teaching; or (2) to develop and implement effective mechanisms to ensure that high-need local educational agencies and schools are able effectively to recruit highly qualified teachers. (e) Additional discretionary uses of funds \nIn addition to the uses described in subsection (d), each eligible applicant receiving a grant under this section may use the grant funds— (1) to develop and implement effective mechanisms to recruit into the teaching profession employees from— (A) high-demand industries, including technology industries; and (B) the fields of science, mathematics, and engineering; and (2) to conduct outreach and coordinate with inner city and rural secondary schools to encourage students to pursue teaching as a career. (f) Service requirements \n(1) In general \nThe Secretary shall establish such requirements as the Secretary determines necessary to ensure that recipients of scholarships under this section who complete teacher education programs— (A) subsequently teach in a high-need local educational agency for a period of time equivalent to— (i) one year; increased by (ii) the period for which the recipient received scholarship assistance; or (B) repay the amount of the scholarship. (2) Use of repayments \nThe Secretary shall use any such repayments to carry out additional activities under this section. (g) Priority \nThe Secretary shall give priority under this section to eligible applicants who provide an assurance that they will recruit a high percentage of minority students to become highly qualified teachers.",
"id": "H382343F0322249A19CD5480800154B15",
"header": "Teacher recruitment grants",
"nested": [
{
"text": "(a) Program authorized \nFrom amounts made available under section 210(3) for a fiscal year, the Secretary is authorized to award grants, on a competitive basis, to eligible applicants to enable the eligible applicants to carry out activities described in subsection (d).",
"id": "HEF15EB21B0374B0891CA7445DE0026D1",
"header": "Program authorized",
"nested": [],
"links": []
},
{
"text": "(b) Eligible applicant defined \nIn this part, the term eligible applicant means— (1) an eligible State described in section 202(b); or (2) an eligible partnership described in section 203(b).",
"id": "HE7EEDD173DCA4D70A183FFB363009DEA",
"header": "Eligible applicant defined",
"nested": [],
"links": []
},
{
"text": "(c) Application \nAny eligible applicant desiring to receive a grant under this section shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require, including— (1) a description of the assessment that the eligible applicant, and the other entities with whom the eligible applicant will carry out the grant activities, have undertaken to determine the most critical needs of the participating high-need local educational agencies; (2) a description of the activities the eligible applicant will carry out with the grant, including the extent to which the applicant will use funds to recruit minority students to become highly qualified teachers; and (3) a description of the eligible applicant’s plan for continuing the activities carried out with the grant, once Federal funding ceases.",
"id": "H31DDE262A4894E17ABC53E8D9F82A5B9",
"header": "Application",
"nested": [],
"links": []
},
{
"text": "(d) Uses of funds \nEach eligible applicant receiving a grant under this section shall use the grant funds— (1) (A) to award scholarships to help students, such as individuals who have been accepted for their first year, or who are enrolled in their first or second year, of a program of undergraduate education at an institution of higher education, pay the costs of tuition, room, board, and other expenses of completing a teacher preparation program; (B) to provide support services, if needed to enable scholarship recipients— (i) to complete postsecondary education programs; or (ii) to transition from a career outside of the field of education into a teaching career; and (C) for followup services provided to former scholarship recipients during the recipients first 3 years of teaching; or (2) to develop and implement effective mechanisms to ensure that high-need local educational agencies and schools are able effectively to recruit highly qualified teachers.",
"id": "H7006AA08E3914D948D083993CA2D98B3",
"header": "Uses of funds",
"nested": [],
"links": []
},
{
"text": "(e) Additional discretionary uses of funds \nIn addition to the uses described in subsection (d), each eligible applicant receiving a grant under this section may use the grant funds— (1) to develop and implement effective mechanisms to recruit into the teaching profession employees from— (A) high-demand industries, including technology industries; and (B) the fields of science, mathematics, and engineering; and (2) to conduct outreach and coordinate with inner city and rural secondary schools to encourage students to pursue teaching as a career.",
"id": "HEB9764EFE7F443AF9DC7A6BD49B34300",
"header": "Additional discretionary uses of funds",
"nested": [],
"links": []
},
{
"text": "(f) Service requirements \n(1) In general \nThe Secretary shall establish such requirements as the Secretary determines necessary to ensure that recipients of scholarships under this section who complete teacher education programs— (A) subsequently teach in a high-need local educational agency for a period of time equivalent to— (i) one year; increased by (ii) the period for which the recipient received scholarship assistance; or (B) repay the amount of the scholarship. (2) Use of repayments \nThe Secretary shall use any such repayments to carry out additional activities under this section.",
"id": "H055096510C5C4DAEB9F2D7FBB09FC093",
"header": "Service requirements",
"nested": [],
"links": []
},
{
"text": "(g) Priority \nThe Secretary shall give priority under this section to eligible applicants who provide an assurance that they will recruit a high percentage of minority students to become highly qualified teachers.",
"id": "H903675119ABA4EE3AEAC1E00BC6E485E",
"header": "Priority",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "205. Administrative provisions \n(a) Duration; one-time awards; payments \n(1) Duration \n(A) Eligible States and eligible applicants \nGrants awarded to eligible States and eligible applicants under this part shall be awarded for a period not to exceed 3 years. (B) Eligible partnerships \nGrants awarded to eligible partnerships under this part shall be awarded for a period of 5 years. (2) One-time award \nAn eligible partnership may receive a grant under each of sections 203 and 204, as amended by the , only once. (3) Payments \nThe Secretary shall make annual payments of grant funds awarded under this part. (b) Peer review \n(1) Panel \nThe Secretary shall provide the applications submitted under this part to a peer review panel for evaluation. With respect to each application, the peer review panel shall initially recommend the application for funding or for disapproval. (2) Priority \nIn recommending applications to the Secretary for funding under this part, the panel shall— (A) with respect to grants under section 202, give priority to eligible States that— (i) have initiatives to reform State teacher certification requirements that are based on rigorous academic content, scientifically based research, including scientifically based reading research, and challenging State student academic content standards; (ii) have innovative reforms to hold institutions of higher education with teacher preparation programs accountable for preparing teachers who are highly qualified and have strong teaching skills; or (iii) have innovative efforts aimed at reducing the shortage of highly qualified teachers in high poverty urban and rural areas; and (B) with respect to grants under section 203— (i) give priority to applications from broad-based eligible partnerships that involve businesses and community organizations; and (ii) take into consideration— (I) providing an equitable geographic distribution of the grants throughout the United States; and (II) the potential of the proposed activities for creating improvement and positive change. (3) Secretarial selection \nThe Secretary shall determine, based on the peer review process, which application shall receive funding and the amounts of the grants. In determining grant amounts, the Secretary shall take into account the total amount of funds available for all grants under this part and the types of activities proposed to be carried out. (c) Matching requirements \n(1) State grants \nEach eligible State receiving a grant under section 202 or 204 shall provide, from non-Federal sources, an amount equal to 50 percent of the amount of the grant (in cash or in kind) to carry out the activities supported by the grant. (2) Partnership grants \nEach eligible partnership receiving a grant under section 203 or 204 shall provide, from non-Federal sources (in cash or in kind), an amount equal to 25 percent of the grant for the first year of the grant, 35 percent of the grant for the second year of the grant, and 50 percent of the grant for each succeeding year of the grant. (d) Limitation on administrative expenses \nAn eligible State or eligible partnership that receives a grant under this part may not use more than 2 percent of the grant funds for purposes of administering the grant.",
"id": "H129B4E30E8A34851BC6CC5571F589DE2",
"header": "Administrative provisions",
"nested": [
{
"text": "(a) Duration; one-time awards; payments \n(1) Duration \n(A) Eligible States and eligible applicants \nGrants awarded to eligible States and eligible applicants under this part shall be awarded for a period not to exceed 3 years. (B) Eligible partnerships \nGrants awarded to eligible partnerships under this part shall be awarded for a period of 5 years. (2) One-time award \nAn eligible partnership may receive a grant under each of sections 203 and 204, as amended by the , only once. (3) Payments \nThe Secretary shall make annual payments of grant funds awarded under this part.",
"id": "H83D2366C5E94402AA9B5B3CD37E43000",
"header": "Duration; one-time awards; payments",
"nested": [],
"links": []
},
{
"text": "(b) Peer review \n(1) Panel \nThe Secretary shall provide the applications submitted under this part to a peer review panel for evaluation. With respect to each application, the peer review panel shall initially recommend the application for funding or for disapproval. (2) Priority \nIn recommending applications to the Secretary for funding under this part, the panel shall— (A) with respect to grants under section 202, give priority to eligible States that— (i) have initiatives to reform State teacher certification requirements that are based on rigorous academic content, scientifically based research, including scientifically based reading research, and challenging State student academic content standards; (ii) have innovative reforms to hold institutions of higher education with teacher preparation programs accountable for preparing teachers who are highly qualified and have strong teaching skills; or (iii) have innovative efforts aimed at reducing the shortage of highly qualified teachers in high poverty urban and rural areas; and (B) with respect to grants under section 203— (i) give priority to applications from broad-based eligible partnerships that involve businesses and community organizations; and (ii) take into consideration— (I) providing an equitable geographic distribution of the grants throughout the United States; and (II) the potential of the proposed activities for creating improvement and positive change. (3) Secretarial selection \nThe Secretary shall determine, based on the peer review process, which application shall receive funding and the amounts of the grants. In determining grant amounts, the Secretary shall take into account the total amount of funds available for all grants under this part and the types of activities proposed to be carried out.",
"id": "HDE4EE5D33F5A4EDE8F5EE943E7F6164E",
"header": "Peer review",
"nested": [],
"links": []
},
{
"text": "(c) Matching requirements \n(1) State grants \nEach eligible State receiving a grant under section 202 or 204 shall provide, from non-Federal sources, an amount equal to 50 percent of the amount of the grant (in cash or in kind) to carry out the activities supported by the grant. (2) Partnership grants \nEach eligible partnership receiving a grant under section 203 or 204 shall provide, from non-Federal sources (in cash or in kind), an amount equal to 25 percent of the grant for the first year of the grant, 35 percent of the grant for the second year of the grant, and 50 percent of the grant for each succeeding year of the grant.",
"id": "H166AA6C51DAB4B17B9356400C8326389",
"header": "Matching requirements",
"nested": [],
"links": []
},
{
"text": "(d) Limitation on administrative expenses \nAn eligible State or eligible partnership that receives a grant under this part may not use more than 2 percent of the grant funds for purposes of administering the grant.",
"id": "H77B8B7C829B743F9B69B52D6A62459B5",
"header": "Limitation on administrative expenses",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "206. Accountability and evaluation \n(a) State grant accountability report \nAn eligible State that receives a grant under section 202 shall submit an annual accountability report to the Secretary, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Education and the Workforce of the House of Representatives. Such report shall include a description of the degree to which the eligible State, in using funds provided under such section, has made substantial progress in meeting the following goals: (1) Percentage of highly qualified teachers \nIncreasing the percentage of highly qualified teachers in the State as required by section 1119 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6319 ). (2) Student academic achievement \nIncreasing student academic achievement for all students as defined by the eligible State. (3) Raising standards \nRaising the State academic standards required to enter the teaching profession as a highly qualified teacher. (4) Initial certification or licensure \nIncreasing success in the pass rate for initial State teacher certification or licensure, or increasing the numbers of qualified individuals being certified or licensed as teachers through alternative programs. (5) Decreasing teacher shortages \nDecreasing shortages of highly qualified teachers in poor urban and rural areas. (6) Increasing opportunities for professional development \nIncreasing opportunities for enhanced and ongoing professional development that— (A) improves the academic content knowledge of teachers in the subject areas in which the teachers are certified or licensed to teach or in which the teachers are working toward certification or licensure to teach; and (B) promotes strong teaching skills. (7) Technology integration \nIncreasing the number of teachers prepared effectively to integrate technology into curricula and instruction and who use technology to collect, manage, and analyze data to improve teaching, learning, and decisionmaking for the purpose of increasing student academic achievement. (b) Eligible partnership evaluation \nEach eligible partnership applying for a grant under section 203 shall establish, and include in the application submitted under section 203(c), an evaluation plan that includes strong performance objectives. The plan shall include objectives and measures for— (1) increased student achievement for all students, as measured by the partnership; (2) increased teacher retention in the first 3 years of a teacher’s career; (3) increased success in the pass rate for initial State certification or licensure of teachers; (4) increased percentage of highly qualified teachers; and (5) increasing the number of teachers trained effectively to integrate technology into curricula and instruction and who use technology to collect, manage, and analyze data to improve teaching, learning, and decisionmaking for the purpose of improving student academic achievement. (c) Revocation of grant \n(1) Report \nEach eligible State or eligible partnership receiving a grant under section 202 or 203 shall report annually on the progress of the eligible State or eligible partnership toward meeting the purposes of this part and the goals, objectives, and measures described in subsections (a) and (b). (2) Revocation \n(A) Eligible States and eligible applicants \nIf the Secretary determines that an eligible State or eligible applicant is not making substantial progress in meeting the purposes, goals, objectives, and measures, as appropriate, by the end of the second year of a grant under this part, then the grant payment shall not be made for the third year of the grant. (B) Eligible partnerships \nIf the Secretary determines that an eligible partnership is not making substantial progress in meeting the purposes, goals, objectives, and measures, as appropriate, by the end of the third year of a grant under this part, then the grant payments shall not be made for any succeeding year of the grant. (d) Evaluation and dissemination \nThe Secretary shall evaluate the activities funded under this part and report annually the Secretary’s findings regarding the activities to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives. The Secretary shall broadly disseminate successful practices developed by eligible States and eligible partnerships under this part, and shall broadly disseminate information regarding such practices that were found to be ineffective.",
"id": "H4164BCFD743F42ACAB63F572F406F1B8",
"header": "Accountability and evaluation",
"nested": [
{
"text": "(a) State grant accountability report \nAn eligible State that receives a grant under section 202 shall submit an annual accountability report to the Secretary, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Education and the Workforce of the House of Representatives. Such report shall include a description of the degree to which the eligible State, in using funds provided under such section, has made substantial progress in meeting the following goals: (1) Percentage of highly qualified teachers \nIncreasing the percentage of highly qualified teachers in the State as required by section 1119 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6319 ). (2) Student academic achievement \nIncreasing student academic achievement for all students as defined by the eligible State. (3) Raising standards \nRaising the State academic standards required to enter the teaching profession as a highly qualified teacher. (4) Initial certification or licensure \nIncreasing success in the pass rate for initial State teacher certification or licensure, or increasing the numbers of qualified individuals being certified or licensed as teachers through alternative programs. (5) Decreasing teacher shortages \nDecreasing shortages of highly qualified teachers in poor urban and rural areas. (6) Increasing opportunities for professional development \nIncreasing opportunities for enhanced and ongoing professional development that— (A) improves the academic content knowledge of teachers in the subject areas in which the teachers are certified or licensed to teach or in which the teachers are working toward certification or licensure to teach; and (B) promotes strong teaching skills. (7) Technology integration \nIncreasing the number of teachers prepared effectively to integrate technology into curricula and instruction and who use technology to collect, manage, and analyze data to improve teaching, learning, and decisionmaking for the purpose of increasing student academic achievement.",
"id": "HE7247712AAE94EA1A8002C8477AACD34",
"header": "State grant accountability report",
"nested": [],
"links": [
{
"text": "20 U.S.C. 6319",
"legal-doc": "usc",
"parsable-cite": "usc/20/6319"
}
]
},
{
"text": "(b) Eligible partnership evaluation \nEach eligible partnership applying for a grant under section 203 shall establish, and include in the application submitted under section 203(c), an evaluation plan that includes strong performance objectives. The plan shall include objectives and measures for— (1) increased student achievement for all students, as measured by the partnership; (2) increased teacher retention in the first 3 years of a teacher’s career; (3) increased success in the pass rate for initial State certification or licensure of teachers; (4) increased percentage of highly qualified teachers; and (5) increasing the number of teachers trained effectively to integrate technology into curricula and instruction and who use technology to collect, manage, and analyze data to improve teaching, learning, and decisionmaking for the purpose of improving student academic achievement.",
"id": "H17645F7B4C05414498003E5B4BA0EB01",
"header": "Eligible partnership evaluation",
"nested": [],
"links": []
},
{
"text": "(c) Revocation of grant \n(1) Report \nEach eligible State or eligible partnership receiving a grant under section 202 or 203 shall report annually on the progress of the eligible State or eligible partnership toward meeting the purposes of this part and the goals, objectives, and measures described in subsections (a) and (b). (2) Revocation \n(A) Eligible States and eligible applicants \nIf the Secretary determines that an eligible State or eligible applicant is not making substantial progress in meeting the purposes, goals, objectives, and measures, as appropriate, by the end of the second year of a grant under this part, then the grant payment shall not be made for the third year of the grant. (B) Eligible partnerships \nIf the Secretary determines that an eligible partnership is not making substantial progress in meeting the purposes, goals, objectives, and measures, as appropriate, by the end of the third year of a grant under this part, then the grant payments shall not be made for any succeeding year of the grant.",
"id": "H77DD746A01ED4AEDAF1300B7F78E04D2",
"header": "Revocation of grant",
"nested": [],
"links": []
},
{
"text": "(d) Evaluation and dissemination \nThe Secretary shall evaluate the activities funded under this part and report annually the Secretary’s findings regarding the activities to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives. The Secretary shall broadly disseminate successful practices developed by eligible States and eligible partnerships under this part, and shall broadly disseminate information regarding such practices that were found to be ineffective.",
"id": "H07946E28409C4E1E821B7276F320AAAE",
"header": "Evaluation and dissemination",
"nested": [],
"links": []
}
],
"links": [
{
"text": "20 U.S.C. 6319",
"legal-doc": "usc",
"parsable-cite": "usc/20/6319"
}
]
},
{
"text": "207. Accountability for programs that prepare teachers \n(a) State report card on the quality of teacher preparation \nEach State that receives funds under this Act shall provide to the Secretary annually, in a uniform and comprehensible manner that conforms with the definitions and methods established by the Secretary, a State report card on the quality of teacher preparation in the State, both for traditional certification or licensure programs and for alternative certification or licensure programs, which shall include at least the following: (1) A description of the teacher certification and licensure assessments, and any other certification and licensure requirements, used by the State. (2) The standards and criteria that prospective teachers must meet in order to attain initial teacher certification or licensure and to be certified or licensed to teach particular subjects or in particular grades within the State. (3) A description of the extent to which the assessments and requirements described in paragraph (1) are aligned with the State’s standards and assessments for students. (4) The percentage of students who have completed at least 50 percent of the requirements for a teacher preparation program at an institution of higher education or alternative certification program and who have taken and passed each of the assessments used by the State for teacher certification and licensure, and the passing score on each assessment that determines whether a candidate has passed that assessment. (5) For students who have completed at least 50 percent of the requirements for a teacher preparation program at an institution of higher education or alternative certification program, and who have taken and passed each of the assessments used by the State for teacher certification and licensure, each such institution’s and each such program’s average raw score, ranked by teacher preparation program, which shall be made available widely and publicly. (6) A description of each State’s alternative routes to teacher certification, if any, and the number and percentage of teachers certified through each alternative certification route who pass State teacher certification or licensure assessments. (7) For each State, a description of proposed criteria for assessing the performance of teacher preparation programs in the State, including indicators of teacher candidate skills and academic content knowledge and evidence of gains in student academic achievement. (8) For each teacher preparation program in the State, the number of students in the program, the average number of hours of supervised practice teaching required for those in the program, and the number of full-time equivalent faculty and students in supervised practice teaching. (b) Report of the Secretary on the quality of teacher preparation \n(1) Report card \nThe Secretary shall provide to Congress, and publish and make widely available, a report card on teacher qualifications and preparation in the United States, including all the information reported in paragraphs (1) through (8) of subsection (a). Such report shall identify States for which eligible States and eligible partnerships received a grant under this part. Such report shall be so provided, published and made available annually. (2) Report to Congress \nThe Secretary shall report to Congress— (A) a comparison of States’ efforts to improve teaching quality; and (B) regarding the national mean and median scores on any standardized test that is used in more than 1 State for teacher certification or licensure. (3) Special rule \nIn the case of programs with fewer than 10 students who have completed at least 50 percent of the requirements for a teacher preparation program taking any single initial teacher certification or licensure assessment during an academic year, the Secretary shall collect and publish information with respect to an average pass rate on State certification or licensure assessments taken over a 3-year period. (c) Coordination \nThe Secretary, to the extent practicable, shall coordinate the information collected and published under this part among States for individuals who took State teacher certification or licensure assessments in a State other than the State in which the individual received the individual’s most recent degree. (d) Institution and program report cards on quality of teacher preparation \n(1) Report card \nEach institution of higher education or alternative certification program that conducts a teacher preparation program that enrolls students receiving Federal assistance under this Act shall report annually to the State and the general public, in a uniform and comprehensible manner that conforms with the definitions and methods established by the Secretary, both for traditional certification or licensure programs and for alternative certification or licensure programs, the following information: (A) Pass rate \n(i) For the most recent year for which the information is available, the pass rate of each student who has completed at least 50 percent of the requirements for the teacher preparation program on the teacher certification or licensure assessments of the State in which the institution is located, but only for those students who took those assessments within 3 years of receiving a degree from the institution or completing the program. (ii) A comparison of the institution or program’s pass rate for students who have completed at least 50 percent of the requirements for the teacher preparation program with the average pass rate for institutions and programs in the State. (iii) A comparison of the institution or program’s average raw score for students who have completed at least 50 percent of the requirements for the teacher preparation program with the average raw scores for institutions and programs in the State. (iv) In the case of programs with fewer than 10 students who have completed at least 50 percent of the requirements for a teacher preparation program taking any single initial teacher certification or licensure assessment during an academic year, the institution shall collect and publish information with respect to an average pass rate on State certification or licensure assessments taken over a 3-year period. (B) Program information \nThe number of students in the program, the average number of hours of supervised practice teaching required for those in the program, and the number of full-time equivalent faculty and students in supervised practice teaching. (C) Statement \nIn States that require approval or accreditation of teacher education programs, a statement of whether the institution’s program is so approved or accredited, and by whom. (D) Designation as low-performing \nWhether the program has been designated as low-performing by the State under section 208(a). (2) Requirement \nThe information described in paragraph (1) shall be reported through publications such as school catalogs and promotional materials sent to potential applicants, secondary school guidance counselors, and prospective employers of the institution’s program graduates, including materials sent by electronic means. (3) Fines \nIn addition to the actions authorized in section 487(c), the Secretary may impose a fine not to exceed $25,000 on an institution of higher education for failure to provide the information described in this subsection in a timely or accurate manner. (e) Data quality \nEither— (1) the Governor of the State; or (2) in the case of a State for which the constitution or law of such State designates another individual, entity, or agency in the State to be responsible for teacher certification and preparation activity, such individual, entity, or agency; shall attest annually, in writing, as to the reliability, validity, integrity, and accuracy of the data submitted pursuant to this section.",
"id": "H9635D739175A497DB7ADCE7B84F59CE2",
"header": "Accountability for programs that prepare teachers",
"nested": [
{
"text": "(a) State report card on the quality of teacher preparation \nEach State that receives funds under this Act shall provide to the Secretary annually, in a uniform and comprehensible manner that conforms with the definitions and methods established by the Secretary, a State report card on the quality of teacher preparation in the State, both for traditional certification or licensure programs and for alternative certification or licensure programs, which shall include at least the following: (1) A description of the teacher certification and licensure assessments, and any other certification and licensure requirements, used by the State. (2) The standards and criteria that prospective teachers must meet in order to attain initial teacher certification or licensure and to be certified or licensed to teach particular subjects or in particular grades within the State. (3) A description of the extent to which the assessments and requirements described in paragraph (1) are aligned with the State’s standards and assessments for students. (4) The percentage of students who have completed at least 50 percent of the requirements for a teacher preparation program at an institution of higher education or alternative certification program and who have taken and passed each of the assessments used by the State for teacher certification and licensure, and the passing score on each assessment that determines whether a candidate has passed that assessment. (5) For students who have completed at least 50 percent of the requirements for a teacher preparation program at an institution of higher education or alternative certification program, and who have taken and passed each of the assessments used by the State for teacher certification and licensure, each such institution’s and each such program’s average raw score, ranked by teacher preparation program, which shall be made available widely and publicly. (6) A description of each State’s alternative routes to teacher certification, if any, and the number and percentage of teachers certified through each alternative certification route who pass State teacher certification or licensure assessments. (7) For each State, a description of proposed criteria for assessing the performance of teacher preparation programs in the State, including indicators of teacher candidate skills and academic content knowledge and evidence of gains in student academic achievement. (8) For each teacher preparation program in the State, the number of students in the program, the average number of hours of supervised practice teaching required for those in the program, and the number of full-time equivalent faculty and students in supervised practice teaching.",
"id": "HEF421D07D1E943608501BEECDC3405F5",
"header": "State report card on the quality of teacher preparation",
"nested": [],
"links": []
},
{
"text": "(b) Report of the Secretary on the quality of teacher preparation \n(1) Report card \nThe Secretary shall provide to Congress, and publish and make widely available, a report card on teacher qualifications and preparation in the United States, including all the information reported in paragraphs (1) through (8) of subsection (a). Such report shall identify States for which eligible States and eligible partnerships received a grant under this part. Such report shall be so provided, published and made available annually. (2) Report to Congress \nThe Secretary shall report to Congress— (A) a comparison of States’ efforts to improve teaching quality; and (B) regarding the national mean and median scores on any standardized test that is used in more than 1 State for teacher certification or licensure. (3) Special rule \nIn the case of programs with fewer than 10 students who have completed at least 50 percent of the requirements for a teacher preparation program taking any single initial teacher certification or licensure assessment during an academic year, the Secretary shall collect and publish information with respect to an average pass rate on State certification or licensure assessments taken over a 3-year period.",
"id": "H1513E0B454F04793B282947F2057E67D",
"header": "Report of the Secretary on the quality of teacher preparation",
"nested": [],
"links": []
},
{
"text": "(c) Coordination \nThe Secretary, to the extent practicable, shall coordinate the information collected and published under this part among States for individuals who took State teacher certification or licensure assessments in a State other than the State in which the individual received the individual’s most recent degree.",
"id": "HE11843BFC4F64615A0F360E5B4F574E0",
"header": "Coordination",
"nested": [],
"links": []
},
{
"text": "(d) Institution and program report cards on quality of teacher preparation \n(1) Report card \nEach institution of higher education or alternative certification program that conducts a teacher preparation program that enrolls students receiving Federal assistance under this Act shall report annually to the State and the general public, in a uniform and comprehensible manner that conforms with the definitions and methods established by the Secretary, both for traditional certification or licensure programs and for alternative certification or licensure programs, the following information: (A) Pass rate \n(i) For the most recent year for which the information is available, the pass rate of each student who has completed at least 50 percent of the requirements for the teacher preparation program on the teacher certification or licensure assessments of the State in which the institution is located, but only for those students who took those assessments within 3 years of receiving a degree from the institution or completing the program. (ii) A comparison of the institution or program’s pass rate for students who have completed at least 50 percent of the requirements for the teacher preparation program with the average pass rate for institutions and programs in the State. (iii) A comparison of the institution or program’s average raw score for students who have completed at least 50 percent of the requirements for the teacher preparation program with the average raw scores for institutions and programs in the State. (iv) In the case of programs with fewer than 10 students who have completed at least 50 percent of the requirements for a teacher preparation program taking any single initial teacher certification or licensure assessment during an academic year, the institution shall collect and publish information with respect to an average pass rate on State certification or licensure assessments taken over a 3-year period. (B) Program information \nThe number of students in the program, the average number of hours of supervised practice teaching required for those in the program, and the number of full-time equivalent faculty and students in supervised practice teaching. (C) Statement \nIn States that require approval or accreditation of teacher education programs, a statement of whether the institution’s program is so approved or accredited, and by whom. (D) Designation as low-performing \nWhether the program has been designated as low-performing by the State under section 208(a). (2) Requirement \nThe information described in paragraph (1) shall be reported through publications such as school catalogs and promotional materials sent to potential applicants, secondary school guidance counselors, and prospective employers of the institution’s program graduates, including materials sent by electronic means. (3) Fines \nIn addition to the actions authorized in section 487(c), the Secretary may impose a fine not to exceed $25,000 on an institution of higher education for failure to provide the information described in this subsection in a timely or accurate manner.",
"id": "HBA78A92CE05A4939B826C1AE252CD7E6",
"header": "Institution and program report cards on quality of teacher preparation",
"nested": [],
"links": []
},
{
"text": "(e) Data quality \nEither— (1) the Governor of the State; or (2) in the case of a State for which the constitution or law of such State designates another individual, entity, or agency in the State to be responsible for teacher certification and preparation activity, such individual, entity, or agency; shall attest annually, in writing, as to the reliability, validity, integrity, and accuracy of the data submitted pursuant to this section.",
"id": "H903C6018AEF341758FE8BF73FF64EA8C",
"header": "Data quality",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "208. State functions \n(a) State assessment \nIn order to receive funds under this Act, a State shall have in place a procedure to identify and assist, through the provision of technical assistance, low-performing programs of teacher preparation within institutions of higher education. Such State shall provide the Secretary an annual list of such low-performing institutions that includes an identification of those institutions at risk of being placed on such list. Such levels of performance shall be determined solely by the State and may include criteria based upon information collected pursuant to this part. Such assessment shall be described in the report under section 207(a). (b) Termination of eligibility \nAny institution of higher education that offers a program of teacher preparation in which the State has withdrawn the State’s approval or terminated the State’s financial support due to the low performance of the institution’s teacher preparation program based upon the State assessment described in subsection (a)— (1) shall be ineligible for any funding for professional development activities awarded by the Department of Education; and (2) shall not be permitted to accept or enroll any student who receives aid under title IV of this Act in the institution’s teacher preparation program.",
"id": "HC5BB5B06ABEE4C97B6A40065EFD12047",
"header": "State functions",
"nested": [
{
"text": "(a) State assessment \nIn order to receive funds under this Act, a State shall have in place a procedure to identify and assist, through the provision of technical assistance, low-performing programs of teacher preparation within institutions of higher education. Such State shall provide the Secretary an annual list of such low-performing institutions that includes an identification of those institutions at risk of being placed on such list. Such levels of performance shall be determined solely by the State and may include criteria based upon information collected pursuant to this part. Such assessment shall be described in the report under section 207(a).",
"id": "H3F130B33FF9240B89694122B0000F309",
"header": "State assessment",
"nested": [],
"links": []
},
{
"text": "(b) Termination of eligibility \nAny institution of higher education that offers a program of teacher preparation in which the State has withdrawn the State’s approval or terminated the State’s financial support due to the low performance of the institution’s teacher preparation program based upon the State assessment described in subsection (a)— (1) shall be ineligible for any funding for professional development activities awarded by the Department of Education; and (2) shall not be permitted to accept or enroll any student who receives aid under title IV of this Act in the institution’s teacher preparation program.",
"id": "H7FEFAB91197B45F19B76F5BC58006B48",
"header": "Termination of eligibility",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "209. General provisions \n(a) Methods \nIn complying with sections 207 and 208, the Secretary shall ensure that States and institutions of higher education use fair and equitable methods in reporting and that the reporting methods do not allow identification of individuals. (b) Special rule \nFor each State in which there are no State certification or licensure assessments, or for States that do not set minimum performance levels on those assessments— (1) the Secretary shall, to the extent practicable, collect data comparable to the data required under this part from States, local educational agencies, institutions of higher education, or other entities that administer such assessments to teachers or prospective teachers; and (2) notwithstanding any other provision of this part, the Secretary shall use such data to carry out requirements of this part related to assessments or pass rates. (c) Limitations \n(1) Federal control prohibited \nNothing in this part shall be construed to permit, allow, encourage, or authorize any Federal control over any aspect of any private, religious, or home school, whether or not a home school is treated as a private school or home school under State law. This section shall not be construed to prohibit private, religious, or home schools from participation in programs or services under this part. (2) No change in State control encouraged or required \nNothing in this part shall be construed to encourage or require any change in a State’s treatment of any private, religious, or home school, whether or not a home school is treated as a private school or home school under State law. (3) National system of teacher certification prohibited \nNothing in this part shall be construed to permit, allow, encourage, or authorize the Secretary to establish or support any national system of teacher certification.",
"id": "HC2CA82A38DFB477991CD8CAA0831D29C",
"header": "General provisions",
"nested": [
{
"text": "(a) Methods \nIn complying with sections 207 and 208, the Secretary shall ensure that States and institutions of higher education use fair and equitable methods in reporting and that the reporting methods do not allow identification of individuals.",
"id": "H64B5FD0D119E4BC9AD14006EC4BCB83F",
"header": "Methods",
"nested": [],
"links": []
},
{
"text": "(b) Special rule \nFor each State in which there are no State certification or licensure assessments, or for States that do not set minimum performance levels on those assessments— (1) the Secretary shall, to the extent practicable, collect data comparable to the data required under this part from States, local educational agencies, institutions of higher education, or other entities that administer such assessments to teachers or prospective teachers; and (2) notwithstanding any other provision of this part, the Secretary shall use such data to carry out requirements of this part related to assessments or pass rates.",
"id": "H88D7FEDFBF964D588D8B6F7DF5D1822",
"header": "Special rule",
"nested": [],
"links": []
},
{
"text": "(c) Limitations \n(1) Federal control prohibited \nNothing in this part shall be construed to permit, allow, encourage, or authorize any Federal control over any aspect of any private, religious, or home school, whether or not a home school is treated as a private school or home school under State law. This section shall not be construed to prohibit private, religious, or home schools from participation in programs or services under this part. (2) No change in State control encouraged or required \nNothing in this part shall be construed to encourage or require any change in a State’s treatment of any private, religious, or home school, whether or not a home school is treated as a private school or home school under State law. (3) National system of teacher certification prohibited \nNothing in this part shall be construed to permit, allow, encourage, or authorize the Secretary to establish or support any national system of teacher certification.",
"id": "HC8F88301FECF43DBA308C3A96518894B",
"header": "Limitations",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "210. Authorization of appropriations \nThere are authorized to be appropriated to carry out this part $300,000,000 for fiscal year 2004 and such sums as may be necessary for each of the 4 succeeding fiscal years, of which— (1) 45 percent shall be available for each fiscal year to award grants under section 202; (2) 45 percent shall be available for each fiscal year to award grants under section 203; and (3) 10 percent shall be available for each fiscal year to award grants under section 204.",
"id": "H0B47235058C2486EACF1ED23462839E3",
"header": "Authorization of appropriations",
"nested": [],
"links": []
},
{
"text": "3. Preparing tomorrow’s teachers to use technology \n(a) Eligibility \nSection 222(a)(3)(D) of the Higher Education Act of 1965 ( 20 U.S.C. 1042(a)(3)(D) ) is amended by inserting nonprofit telecommunications entity, after community-based organization,. (b) Permissible uses of funds \nSection 223(b)(1)(E) of the Higher Education Act of 1965 ( 20 U.S.C. 1043(b)(1)(E) ) is amended to read as follows: (E) To use technology to collect, manage, and analyze data to improve teaching, learning, and decisionmaking for the purpose of increasing student academic achievement.. (c) Authorization of appropriations \nSection 224 of the Higher Education Act of 1965 ( 20 U.S.C. 1044 ) is amended by striking each of fiscal years 2002 and 2003. and inserting fiscal year 2004 and each of the 4 succeeding fiscal years..",
"id": "H0617D0998E304C97B0AAA9E1FD006B95",
"header": "Preparing tomorrow’s teachers to use technology",
"nested": [
{
"text": "(a) Eligibility \nSection 222(a)(3)(D) of the Higher Education Act of 1965 ( 20 U.S.C. 1042(a)(3)(D) ) is amended by inserting nonprofit telecommunications entity, after community-based organization,.",
"id": "H868C90A27B8649A8A2193C71327FCE00",
"header": "Eligibility",
"nested": [],
"links": [
{
"text": "20 U.S.C. 1042(a)(3)(D)",
"legal-doc": "usc",
"parsable-cite": "usc/20/1042"
}
]
},
{
"text": "(b) Permissible uses of funds \nSection 223(b)(1)(E) of the Higher Education Act of 1965 ( 20 U.S.C. 1043(b)(1)(E) ) is amended to read as follows: (E) To use technology to collect, manage, and analyze data to improve teaching, learning, and decisionmaking for the purpose of increasing student academic achievement..",
"id": "HC7A61F8A36FC482A86A3254D08C5668",
"header": "Permissible uses of funds",
"nested": [],
"links": [
{
"text": "20 U.S.C. 1043(b)(1)(E)",
"legal-doc": "usc",
"parsable-cite": "usc/20/1043"
}
]
},
{
"text": "(c) Authorization of appropriations \nSection 224 of the Higher Education Act of 1965 ( 20 U.S.C. 1044 ) is amended by striking each of fiscal years 2002 and 2003. and inserting fiscal year 2004 and each of the 4 succeeding fiscal years..",
"id": "H465E80C91427433092B2D234F03C2BE",
"header": "Authorization of appropriations",
"nested": [],
"links": [
{
"text": "20 U.S.C. 1044",
"legal-doc": "usc",
"parsable-cite": "usc/20/1044"
}
]
}
],
"links": [
{
"text": "20 U.S.C. 1042(a)(3)(D)",
"legal-doc": "usc",
"parsable-cite": "usc/20/1042"
},
{
"text": "20 U.S.C. 1043(b)(1)(E)",
"legal-doc": "usc",
"parsable-cite": "usc/20/1043"
},
{
"text": "20 U.S.C. 1044",
"legal-doc": "usc",
"parsable-cite": "usc/20/1044"
}
]
},
{
"text": "4. Centers of excellence \nTitle II of the Higher Education Act of 1965 ( 20 U.S.C. 1021 et seq. ) is amended by adding at the end the following: C Centers of excellence \n231. Purposes; definitions \n(a) Purposes \nThe purposes of this part are— (1) to help recruit and prepare teachers, including minority teachers, to meet the national demand for a highly qualified teacher in every classroom; and (2) to increase opportunities for Americans of all educational, ethnic, class, and geographic backgrounds to become highly qualified teachers. (b) Definitions \nAs used in this part: (1) Eligible institution \nThe term eligible institution means— (A) an institution of higher education that has a teacher preparation program that meets the requirements of section 203(b)(2) and that is— (i) a part B institution (as defined in section 322); (ii) a Hispanic-serving institution (as defined in section 502); (iii) a Tribal College or University (as defined in section 316); (iv) an Alaska Native-serving institution (as defined in section 317(b)); or (v) a Native Hawaiian-serving institution (as defined in section 317(b)); (B) a consortium of institutions described in subparagraph (A); or (C) an institution described in subparagraph (A), or a consortium described in subparagraph (B), in partnership with any other institution of higher education, but only if the center of excellence established under section 232 is located at an institution described in subparagraph (A). (2) Highly qualified \nThe term highly qualified has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (3) Scientifically based reading research \nThe term scientifically based reading research has the meaning given such term in section 1208 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6368 ). (4) Scientifically based research \nThe term scientifically based research has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). 232. Centers of excellence \n(a) Program authorized \nFrom the amounts appropriated to carry out this part, the Secretary is authorized to award competitive grants to eligible institutions to establish centers of excellence. (b) Use of funds \nGrants provided by the Secretary under this part shall be used to ensure that current and future teachers are highly qualified, by carrying out one or more of the following activities: (1) Implementing reforms within teacher preparation programs to ensure that such programs are preparing teachers who are highly qualified, are able to understand scientifically based research, and are able to use advanced technology effectively in the classroom, including use for instructional techniques to improve student academic achievement, by— (A) retraining faculty; and (B) designing (or redesigning) teacher preparation programs that— (i) prepare teachers to close student achievement gaps, are based on rigorous academic content, scientifically based research (including scientifically based reading research), and challenging State student academic content standards; and (ii) promote strong teaching skills. (2) Providing sustained and high-quality preservice clinical experience, including the mentoring of prospective teachers by exemplary teachers, substantially increasing interaction between faculty at institutions of higher education and new and experienced teachers, principals, and other administrators at elementary schools or secondary schools, and providing support, including preparation time, for such interaction. (3) Developing and implementing initiatives to promote retention of highly qualified teachers and principals, including minority teachers and principals, including programs that provide— (A) teacher or principal mentoring from exemplary teachers or principals; or (B) induction and support for teachers and principals during their first 3 years of employment as teachers or principals, respectively. (4) Awarding scholarships based on financial need to help students pay the costs of tuition, room, board, and other expenses of completing a teacher preparation program. (5) Disseminating information on effective practices for teacher preparation and successful teacher certification and licensure assessment preparation strategies. (6) Activities authorized under sections 202, 203, and 204. (c) Application \nAny eligible institution desiring a grant under this section shall submit an application to the Secretary at such a time, in such a manner, and accompanied by such information the Secretary may require. (d) Minimum grant amount \nThe minimum amount of each grant under this part shall be $500,000. (e) Limitation on administrative expenses \nAn eligible institution that receives a grant under this part may not use more than 2 percent of the grant funds for purposes of administering the grant. (f) Regulations \nThe Secretary shall prescribe such regulations as may be necessary to carry out this part. 233. Authorization of appropriations \nThere are authorized to be appropriated to carry out this part $10,000,000 for fiscal year 2004 and such sums as may be necessary for each of the 4 succeeding fiscal years..",
"id": "HEB95F709B08042C3A9244FE1DDEDA9D9",
"header": "Centers of excellence",
"nested": [],
"links": [
{
"text": "20 U.S.C. 1021 et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/20/1021"
},
{
"text": "20 U.S.C. 7801",
"legal-doc": "usc",
"parsable-cite": "usc/20/7801"
},
{
"text": "20 U.S.C. 6368",
"legal-doc": "usc",
"parsable-cite": "usc/20/6368"
},
{
"text": "20 U.S.C. 7801",
"legal-doc": "usc",
"parsable-cite": "usc/20/7801"
}
]
},
{
"text": "231. Purposes; definitions \n(a) Purposes \nThe purposes of this part are— (1) to help recruit and prepare teachers, including minority teachers, to meet the national demand for a highly qualified teacher in every classroom; and (2) to increase opportunities for Americans of all educational, ethnic, class, and geographic backgrounds to become highly qualified teachers. (b) Definitions \nAs used in this part: (1) Eligible institution \nThe term eligible institution means— (A) an institution of higher education that has a teacher preparation program that meets the requirements of section 203(b)(2) and that is— (i) a part B institution (as defined in section 322); (ii) a Hispanic-serving institution (as defined in section 502); (iii) a Tribal College or University (as defined in section 316); (iv) an Alaska Native-serving institution (as defined in section 317(b)); or (v) a Native Hawaiian-serving institution (as defined in section 317(b)); (B) a consortium of institutions described in subparagraph (A); or (C) an institution described in subparagraph (A), or a consortium described in subparagraph (B), in partnership with any other institution of higher education, but only if the center of excellence established under section 232 is located at an institution described in subparagraph (A). (2) Highly qualified \nThe term highly qualified has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (3) Scientifically based reading research \nThe term scientifically based reading research has the meaning given such term in section 1208 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6368 ). (4) Scientifically based research \nThe term scientifically based research has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ).",
"id": "H26C946A97C9443F59BC3841F7B2E66AC",
"header": "Purposes; definitions",
"nested": [
{
"text": "(a) Purposes \nThe purposes of this part are— (1) to help recruit and prepare teachers, including minority teachers, to meet the national demand for a highly qualified teacher in every classroom; and (2) to increase opportunities for Americans of all educational, ethnic, class, and geographic backgrounds to become highly qualified teachers.",
"id": "H1C892C0FF784430D86FAF0049C47C400",
"header": "Purposes",
"nested": [],
"links": []
},
{
"text": "(b) Definitions \nAs used in this part: (1) Eligible institution \nThe term eligible institution means— (A) an institution of higher education that has a teacher preparation program that meets the requirements of section 203(b)(2) and that is— (i) a part B institution (as defined in section 322); (ii) a Hispanic-serving institution (as defined in section 502); (iii) a Tribal College or University (as defined in section 316); (iv) an Alaska Native-serving institution (as defined in section 317(b)); or (v) a Native Hawaiian-serving institution (as defined in section 317(b)); (B) a consortium of institutions described in subparagraph (A); or (C) an institution described in subparagraph (A), or a consortium described in subparagraph (B), in partnership with any other institution of higher education, but only if the center of excellence established under section 232 is located at an institution described in subparagraph (A). (2) Highly qualified \nThe term highly qualified has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (3) Scientifically based reading research \nThe term scientifically based reading research has the meaning given such term in section 1208 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6368 ). (4) Scientifically based research \nThe term scientifically based research has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ).",
"id": "HD2ABBC1728BC4B7486D11C2C78DEB",
"header": "Definitions",
"nested": [],
"links": [
{
"text": "20 U.S.C. 7801",
"legal-doc": "usc",
"parsable-cite": "usc/20/7801"
},
{
"text": "20 U.S.C. 6368",
"legal-doc": "usc",
"parsable-cite": "usc/20/6368"
},
{
"text": "20 U.S.C. 7801",
"legal-doc": "usc",
"parsable-cite": "usc/20/7801"
}
]
}
],
"links": [
{
"text": "20 U.S.C. 7801",
"legal-doc": "usc",
"parsable-cite": "usc/20/7801"
},
{
"text": "20 U.S.C. 6368",
"legal-doc": "usc",
"parsable-cite": "usc/20/6368"
},
{
"text": "20 U.S.C. 7801",
"legal-doc": "usc",
"parsable-cite": "usc/20/7801"
}
]
},
{
"text": "232. Centers of excellence \n(a) Program authorized \nFrom the amounts appropriated to carry out this part, the Secretary is authorized to award competitive grants to eligible institutions to establish centers of excellence. (b) Use of funds \nGrants provided by the Secretary under this part shall be used to ensure that current and future teachers are highly qualified, by carrying out one or more of the following activities: (1) Implementing reforms within teacher preparation programs to ensure that such programs are preparing teachers who are highly qualified, are able to understand scientifically based research, and are able to use advanced technology effectively in the classroom, including use for instructional techniques to improve student academic achievement, by— (A) retraining faculty; and (B) designing (or redesigning) teacher preparation programs that— (i) prepare teachers to close student achievement gaps, are based on rigorous academic content, scientifically based research (including scientifically based reading research), and challenging State student academic content standards; and (ii) promote strong teaching skills. (2) Providing sustained and high-quality preservice clinical experience, including the mentoring of prospective teachers by exemplary teachers, substantially increasing interaction between faculty at institutions of higher education and new and experienced teachers, principals, and other administrators at elementary schools or secondary schools, and providing support, including preparation time, for such interaction. (3) Developing and implementing initiatives to promote retention of highly qualified teachers and principals, including minority teachers and principals, including programs that provide— (A) teacher or principal mentoring from exemplary teachers or principals; or (B) induction and support for teachers and principals during their first 3 years of employment as teachers or principals, respectively. (4) Awarding scholarships based on financial need to help students pay the costs of tuition, room, board, and other expenses of completing a teacher preparation program. (5) Disseminating information on effective practices for teacher preparation and successful teacher certification and licensure assessment preparation strategies. (6) Activities authorized under sections 202, 203, and 204. (c) Application \nAny eligible institution desiring a grant under this section shall submit an application to the Secretary at such a time, in such a manner, and accompanied by such information the Secretary may require. (d) Minimum grant amount \nThe minimum amount of each grant under this part shall be $500,000. (e) Limitation on administrative expenses \nAn eligible institution that receives a grant under this part may not use more than 2 percent of the grant funds for purposes of administering the grant. (f) Regulations \nThe Secretary shall prescribe such regulations as may be necessary to carry out this part.",
"id": "HFEC542761E734471B246D812C32DA56",
"header": "Centers of excellence",
"nested": [
{
"text": "(a) Program authorized \nFrom the amounts appropriated to carry out this part, the Secretary is authorized to award competitive grants to eligible institutions to establish centers of excellence.",
"id": "H14644EF0F8F74F8799688BF7E281701",
"header": "Program authorized",
"nested": [],
"links": []
},
{
"text": "(b) Use of funds \nGrants provided by the Secretary under this part shall be used to ensure that current and future teachers are highly qualified, by carrying out one or more of the following activities: (1) Implementing reforms within teacher preparation programs to ensure that such programs are preparing teachers who are highly qualified, are able to understand scientifically based research, and are able to use advanced technology effectively in the classroom, including use for instructional techniques to improve student academic achievement, by— (A) retraining faculty; and (B) designing (or redesigning) teacher preparation programs that— (i) prepare teachers to close student achievement gaps, are based on rigorous academic content, scientifically based research (including scientifically based reading research), and challenging State student academic content standards; and (ii) promote strong teaching skills. (2) Providing sustained and high-quality preservice clinical experience, including the mentoring of prospective teachers by exemplary teachers, substantially increasing interaction between faculty at institutions of higher education and new and experienced teachers, principals, and other administrators at elementary schools or secondary schools, and providing support, including preparation time, for such interaction. (3) Developing and implementing initiatives to promote retention of highly qualified teachers and principals, including minority teachers and principals, including programs that provide— (A) teacher or principal mentoring from exemplary teachers or principals; or (B) induction and support for teachers and principals during their first 3 years of employment as teachers or principals, respectively. (4) Awarding scholarships based on financial need to help students pay the costs of tuition, room, board, and other expenses of completing a teacher preparation program. (5) Disseminating information on effective practices for teacher preparation and successful teacher certification and licensure assessment preparation strategies. (6) Activities authorized under sections 202, 203, and 204.",
"id": "HBE7B3B8713814C79A79F296700450044",
"header": "Use of funds",
"nested": [],
"links": []
},
{
"text": "(c) Application \nAny eligible institution desiring a grant under this section shall submit an application to the Secretary at such a time, in such a manner, and accompanied by such information the Secretary may require.",
"id": "HDBCF2E53D44944C793400072F5AD8D60",
"header": "Application",
"nested": [],
"links": []
},
{
"text": "(d) Minimum grant amount \nThe minimum amount of each grant under this part shall be $500,000.",
"id": "H3B8A8C5CB6AE42BBAD2747394D00F2DC",
"header": "Minimum grant amount",
"nested": [],
"links": []
},
{
"text": "(e) Limitation on administrative expenses \nAn eligible institution that receives a grant under this part may not use more than 2 percent of the grant funds for purposes of administering the grant.",
"id": "H59E473F02730478FADFC27253F322D00",
"header": "Limitation on administrative expenses",
"nested": [],
"links": []
},
{
"text": "(f) Regulations \nThe Secretary shall prescribe such regulations as may be necessary to carry out this part.",
"id": "HCA841E5FF33F4C91A9E2281052B6CB1B",
"header": "Regulations",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "233. Authorization of appropriations \nThere are authorized to be appropriated to carry out this part $10,000,000 for fiscal year 2004 and such sums as may be necessary for each of the 4 succeeding fiscal years.",
"id": "H6E2F8B98AE5D4F63859FAC995E76982D",
"header": "Authorization of appropriations",
"nested": [],
"links": []
},
{
"text": "5. Transition \nThe Secretary of Education shall take such actions as the Secretary determines to be appropriate to provide for the orderly implementation of this Act.",
"id": "H001EA558BB884817A3B8009F6248B3F4",
"header": "Transition",
"nested": [],
"links": []
}
] | 18 | 1. Short title
This Act may be cited as. 2. Teacher quality enhancement grants
Part A of title II of the Higher Education Act of 1965 ( 20 U.S.C. 1021 et seq. ) is amended to read as follows: A Teacher Quality Enhancement Grants for States and Partnerships
201. Purposes; definitions
(a) Purposes
The purposes of this part are to— (1) improve student academic achievement; (2) improve the quality of the current and future teaching force by improving the preparation of prospective teachers and enhancing professional development activities; (3) hold institutions of higher education accountable for preparing highly qualified teachers; and (4) recruit qualified individuals, including minorities and individuals from other occupations, into the teaching force. (b) Definitions
In this part: (1) Arts and sciences
The term arts and sciences means— (A) when referring to an organizational unit of an institution of higher education, any academic unit that offers 1 or more academic majors in disciplines or content areas corresponding to the academic subject matter areas in which teachers provide instruction; and (B) when referring to a specific academic subject matter area, the disciplines or content areas in which academic majors are offered by the arts and science organizational unit. (2) Exemplary teacher
The term exemplary teacher has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (3) Highly qualified
The term highly qualified has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (4) High-need local educational agency
The term high-need local educational agency means a local educational agency— (A) (i) (I) that serves not fewer than 10,000 children from families with incomes below the poverty line; or (II) for which not less than 25 percent of the children served by the agency are from families with incomes below the poverty line; (ii) that is among those serving the highest number or percentage of children from families with incomes below the poverty line in the State, but this clause applies only in a State that has no local educational agency meeting the requirements of clause (i); or (iii) with a total of less than 600 students in average daily attendance at the schools that are served by the agency and all of whose schools are designated with a school locale code of 7, as determined by the Secretary; and (B) (i) for which there is a high percentage of teachers not teaching in the academic subjects or grade levels that the teachers were trained to teach; or (ii) for which there is a high percentage of teachers with emergency, provisional, or temporary certification or licensing. (5) Poverty line
The term poverty line means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) )) applicable to a family of the size involved. (6) Professional development
The term professional development has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (7) Scientifically based reading research
The term scientifically based reading research has the meaning given such term in section 1208 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6368 ). (8) Scientifically based research
The term scientifically based research has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (9) Teaching skills
The term teaching skills means skills that— (A) are based on scientifically based research; (B) enable teachers to effectively convey and explain subject matter content; (C) lead to increased student academic achievement; and (D) use strategies that— (i) are specific to subject matter; (ii) include ongoing assessment of student learning; (iii) focus on identification and tailoring of academic instruction to students’s specific learning needs; and (iv) focus on classroom management. 202. State grants
(a) In general
From amounts made available under section 210(1) for a fiscal year, the Secretary is authorized to award grants under this section, on a competitive basis, to eligible States to enable the eligible States to carry out the activities described in subsection (d). (b) Eligible State
(1) Definition
In this part, the term eligible State means— (A) the Governor of a State; or (B) in the case of a State for which the constitution or law of such State designates another individual, entity, or agency in the State to be responsible for teacher certification and preparation activity, such individual, entity, or agency. (2) Consultation
The Governor or the individual, entity, or agency designated under paragraph (1)(B) shall consult with the Governor, State board of education, State educational agency, or State agency for higher education, as appropriate, with respect to the activities assisted under this section. (3) Construction
Nothing in this subsection shall be construed to negate or supersede the legal authority under State law of any State agency, State entity, or State public official over programs that are under the jurisdiction of the agency, entity, or official. (c) Application
To be eligible to receive a grant under this section, an eligible State shall submit an application to the Secretary that— (1) meets the requirement of this section; (2) demonstrates that the State is in full compliance with sections 207 and 208; (3) includes a description of how the eligible State intends to use funds provided under this section; (4) includes measurable objectives for the use of the funds provided under the grant; (5) demonstrates the State has submitted and is actively implementing a plan that meets the requirements of sections 1111(h)(1)(C)(viii) and 1119 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(h)(1)(C)(viii) and 6319); and (6) contains such other information and assurances as the Secretary may require. (d) Uses of funds
An eligible State that receives a grant under this section shall use the grant funds to reform teacher preparation requirements, to coordinate with State activities under section 2113(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6613(c) ), and to ensure that current and future teachers are highly qualified, by carrying out one or more of the following activities: (1) Reforms
Ensuring that all teacher preparation programs in the State are preparing teachers who are highly qualified, are able to understand scientifically based research and its applicability, and are able to use advanced technology effectively in the classroom, including use for instructional techniques to improve student academic achievement, by assisting such programs— (A) to retrain faculty; and (B) to design (or redesign) teacher preparation programs so they— (i) are based on rigorous academic content, scientifically based research (including scientifically based reading research), and challenging State student academic content standards; and (ii) promote strong teaching skills. (2) Certification or licensure requirements
Reforming teacher certification (including recertification) or licensing requirements to ensure that— (A) teachers have the subject matter knowledge and teaching skills in the academic subjects that the teachers teach that are necessary to help students meet challenging State student academic achievement standards; and (B) such requirements are aligned with challenging State academic content standards. (3) Alternatives to traditional teacher preparation and State certification
Providing prospective teachers with alternative routes to State certification and traditional preparation to become highly qualified teachers through— (A) innovative approaches that reduce unnecessary barriers to State certification while producing highly qualified teachers; (B) programs that provide support to teachers during their initial years in the profession; and (C) alternative routes to State certification of teachers for qualified individuals, including mid-career professionals from other occupations, former military personnel, and recent college graduates with records of academic distinction. (4) Innovative programs
Planning and implementing innovative programs to enhance the ability of institutions of higher education to prepare highly qualified teachers, such as charter colleges of education or university and local educational agency partnership schools, that— (A) permit flexibility in meeting State requirements as long as graduates, during their initial years in the profession, increase student academic achievement; (B) provide long-term data gathered from teachers’ performance over multiple years in the classroom on the ability to increase student academic achievement; (C) ensure high-quality preparation of teachers from underrepresented groups; and (D) create performance measures that can be used to document the effectiveness of innovative methods for preparing highly qualified teachers. (5) Merit pay
Developing, or assisting local educational agencies in developing— (A) merit-based performance systems that reward teachers who increase student academic achievement; and (B) strategies that provide differential and bonus pay in high-need local educational agencies to retain— (i) principals; (ii) highly qualified teachers who teach in high-need academic subjects, such as reading, mathematics, and science; (iii) highly qualified teachers who teach in schools identified for school improvement under section 1116(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6316(b) ); (iv) special education teachers; (v) teachers specializing in teaching limited English proficient children; and (vi) highly qualified teachers in urban and rural schools or districts. (6) Teacher advancement
Developing, or assisting local educational agencies in developing, teacher advancement and retention initiatives that promote professional growth and emphasize multiple career paths (such as paths to becoming a highly qualified mentor teacher or exemplary teacher) and pay differentiation. (7) Teacher removal
Developing and implementing effective mechanisms to ensure that local educational agencies and schools are able to remove expeditiously incompetent or unqualified teachers consistent with procedures to ensure due process for the teachers. (8) Technical assistance
Providing technical assistance to low-performing teacher preparation programs within institutions of higher education identified under section 208(a). (9) Teacher effectiveness
Developing— (A) systems to measure the effectiveness of teacher preparation programs and professional development programs; and (B) strategies to document gains in student academic achievement or increases in teacher mastery of the academic subjects the teachers teach as a result of such programs. (10) Teacher recruitment and retention
Undertaking activities that— (A) develop and implement effective mechanisms to ensure that local educational agencies and schools are able effectively to recruit and retain highly qualified teachers; or (B) are described in section 204(d). (11) Preschool teachers
Developing strategies— (A) to improve the qualifications of preschool teachers, which may include State certification for such teachers; and (B) to improve and expand preschool teacher preparation programs. (e) Evaluation
(1) Evaluation system
An eligible State that receives a grant under this section shall develop and utilize a system to evaluate annually the effectiveness of teacher preparation programs and professional development activities within the State in producing gains in— (A) the teacher’s annual contribution to improving student academic achievement, as measured by State academic assessments required under section 1111(b)(3) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(3) ); and (B) teacher mastery of the academic subjects they teach, as measured by pre- and post-participation tests of teacher knowledge, as appropriate. (2) Use of evaluation system
Such evaluation system shall be used by the State to evaluate— (A) activities carried out using funds provided under this section; and (B) the quality of its teacher education programs. (3) Public reporting
The State shall make the information described in paragraph (1) widely available through public means, such as posting on the Internet, distribution to the media, and distribution through public agencies. 203. Partnership grants
(a) Grants
From amounts made available under section 210(2) for a fiscal year, the Secretary is authorized to award grants under this section, on a competitive basis, to eligible partnerships to enable the eligible partnerships to carry out the activities described in subsections (d) and (e). (b) Definitions
(1) Eligible partnerships
In this part, the term eligible partnership means an entity that— (A) shall include— (i) a partner institution; (ii) a school of arts and sciences; (iii) a high-need local educational agency; and (iv) a public or private educational organization; and (B) may include a Governor, State educational agency, the State board of education, the State agency for higher education, an institution of higher education not described in subparagraph (A), a public charter school, a public or private elementary school or secondary school, a public or private educational organization, a business, a science-, mathematics-, or technology-oriented entity, a faith-based or community organization, a prekindergarten program, a teacher organization, an education service agency, a consortia of local educational agencies, or a nonprofit telecommunications entity. (2) Partner institution
In this section, the term partner institution means an institution of higher education, the teacher training program of which demonstrates that— (A) graduates from the teacher training program exhibit strong performance on State-determined qualifying assessments for new teachers through— (i) demonstrating that the graduates of the program who intend to enter the field of teaching have passed all of the applicable State qualification assessments for new teachers, which shall include an assessment of each prospective teacher’s subject matter knowledge in the content area or areas in which the teacher intends to teach; or (ii) being ranked among the highest-performing teacher preparation programs in the State as determined by the State— (I) using criteria consistent with the requirements for the State report card under section 207(a); and (II) using the State report card on teacher preparation required under section 207(a); or (B) the teacher training program requires all the students of the program to participate in intensive clinical experience, to meet high academic standards, and— (i) in the case of secondary school candidates, to successfully complete an academic major in the subject area in which the candidate intends to teach or to demonstrate competence through a high level of performance in relevant content areas; and (ii) in the case of elementary school candidates, to successfully complete an academic major in the arts and sciences or to demonstrate competence through a high level of performance in core academic subject areas. (c) Application
Each eligible partnership desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Each such application shall— (1) contain a needs assessment of all the partners with respect to teaching and learning and a description of how the partnership will coordinate with other teacher training or professional development programs, and how the activities of the partnership will be consistent with State, local, and other education reform activities that promote student academic achievement; (2) contain a resource assessment that describes the resources available to the partnership, the intended use of the grant funds, including a description of how the grant funds will be used in accordance with subsection (f), and the commitment of the resources of the partnership to the activities assisted under this part, including financial support, faculty participation, time commitments, and continuation of the activities when the grant ends; (3) contain a description of— (A) how the partnership will meet the purposes of this part; (B) how the partnership will carry out the activities required under subsection (d) and any permissible activities under subsection (e); (C) the partnership’s evaluation plan pursuant to section 206(b); (D) how faculty of the teacher preparation program at the partner institution will serve, over the term of the grant, with highly qualified teachers in the classrooms of the high-need local educational agency included in the partnership; (E) how the partnership will ensure that teachers, principals, and superintendents in private elementary and secondary schools located in the geographic areas served by an eligible partnership under this section will participate equitably in accordance with section 9501 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7881 ); (F) how the partnership will design and implement a clinical program component that includes close supervision of student teachers by faculty of the teacher preparation program at the partner institution and mentor teachers; (G) how the partnership will design and implement an induction program to support all new teachers through the first 3 years of teaching that includes mentors who are trained and compensated by the partnership for their work with new teachers; and (H) how the partnership will collect, analyze, and use data on the retention of all teachers in schools located in the geographic areas served by the partnership to evaluate the effectiveness of its teacher support system; and (4) contain a certification from the high-need local educational agency included in the partnership that it has reviewed the application and determined that the grant proposed will comply with subsection (f). (d) Required uses of funds
An eligible partnership that receives a grant under this section shall use the grant funds to reform teacher preparation requirements, to coordinate with State activities under section 2113(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6613(c) ), and to ensure that current and future teachers are highly qualified, by carrying out one or more of the following activities: (1) Reforms
Implementing reforms within teacher preparation programs to ensure that such programs are preparing teachers who are highly qualified, are able to understand scientifically based research and its applicability, and are able to use advanced technology effectively in the classroom, including use for instructional techniques to improve student academic achievement, by— (A) retraining faculty; and (B) designing (or redesigning) teacher preparation programs so they— (i) are based on rigorous academic content, scientifically based research (including scientifically based reading research), and challenging State student academic content standards; and (ii) promote strong teaching skills. (2) Clinical experience and interaction
Providing sustained and high-quality preservice and in-service clinical experience, including the mentoring of prospective teachers by exemplary teachers, substantially increasing interaction between faculty at institutions of higher education and new and experienced teachers, principals, and other administrators at elementary schools or secondary schools, and providing support for teachers, including preparation time and release time, for such interaction. (3) Professional development
Creating opportunities for enhanced and ongoing professional development that improves the academic content knowledge of teachers in the subject areas in which the teachers are certified to teach or in which the teachers are working toward certification to teach, and that promotes strong teaching skills. (4) Teacher preparation
Developing, or assisting local educational agencies in developing, professional development activities that— (A) provide training in how to teach and address the needs of students with different learning styles, particularly students with disabilities, limited English proficient students, and students with special learning needs; and (B) provide training in methods of— (i) improving student behavior in the classroom; and (ii) identifying early and appropriate interventions to help students described in subparagraph (A) learn. (e) Allowable uses of funds
An eligible partnership that receives a grant under this section may use such funds to carry out the following activities: (1) Alternatives to traditional teacher preparation and State certification
Providing prospective teachers with alternative routes to State certification and traditional preparation to become highly qualified teachers through— (A) innovative approaches that reduce unnecessary barriers to teacher preparation while producing highly qualified teachers; (B) programs that provide support during a teacher’s initial years in the profession; and (C) alternative routes to State certification of teachers for qualified individuals, including mid-career professionals from other occupations, former military personnel, and recent college graduates with records of academic distinction. (2) Dissemination and coordination
Broadly disseminating information on effective practices used by the partnership, and coordinating with the activities of the Governor, State board of education, State higher education agency, and State educational agency, as appropriate. (3) Managerial and leadership skills
Developing and implementing professional development programs for principals and superintendents that enable them to be effective school leaders and prepare all students to meet challenging State academic content and student academic achievement standards. (4) Teacher recruitment
Activities— (A) to encourage students to become highly qualified teachers, such as extracurricular enrichment activities; and (B) activities described in section 204(d). (5) Clinical experience in science, mathematics, and technology
Creating opportunities for clinical experience and training, by participation in the business, research, and work environments with professionals, in areas relating to science, mathematics, and technology for teachers and prospective teachers, including opportunities for use of laboratory equipment, in order for the teacher to return to the classroom for at least 2 years and provide instruction that will raise student academic achievement. (6) Coordination with community colleges
Coordinating with community colleges to implement teacher preparation programs, including through distance learning, for the purposes of allowing prospective teachers— (A) to attain a bachelor’s degree and State certification or licensure; and (B) to become highly qualified teachers. (7) Teacher mentoring
Establishing or implementing a teacher mentoring program that— (A) includes minimum qualifications for mentors; (B) provides training and stipends for mentors; (C) provides mentoring programs for teachers in their first 3 years of teaching; (D) provides regular and ongoing opportunities for mentors and mentees to observe each other’s teaching methods in classroom settings during the school day; (E) establishes an evaluation and accountability plan for activities conducted under this paragraph that includes rigorous objectives to measure the impact of such activities; and (F) provides for a report to the Secretary on an annual basis regarding the partnership’s progress in meeting the objectives described in subparagraph (E). (8) Computer software for multilingual education
Training teachers to use computer software for multilingual education to address the needs of limited English proficient students. (f) Special rule
At least 50 percent of the funds made available to an eligible partnership under this section shall be used directly to benefit the high-need local educational agency included in the partnership. Any entity described in subsection (b)(1)(A) may be the fiscal agent under this section. (g) Construction
Nothing in this section shall be construed to prohibit an eligible partnership from using grant funds to coordinate with the activities of more than one Governor, State board of education, State educational agency, local educational agency, or State agency for higher education. (h) Supplement, not supplant
Funds made available under this section shall be used to supplement, and not supplant, other Federal, State, and local funds that would otherwise be expended to carry out the purposes of this section. 204. Teacher recruitment grants
(a) Program authorized
From amounts made available under section 210(3) for a fiscal year, the Secretary is authorized to award grants, on a competitive basis, to eligible applicants to enable the eligible applicants to carry out activities described in subsection (d). (b) Eligible applicant defined
In this part, the term eligible applicant means— (1) an eligible State described in section 202(b); or (2) an eligible partnership described in section 203(b). (c) Application
Any eligible applicant desiring to receive a grant under this section shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require, including— (1) a description of the assessment that the eligible applicant, and the other entities with whom the eligible applicant will carry out the grant activities, have undertaken to determine the most critical needs of the participating high-need local educational agencies; (2) a description of the activities the eligible applicant will carry out with the grant, including the extent to which the applicant will use funds to recruit minority students to become highly qualified teachers; and (3) a description of the eligible applicant’s plan for continuing the activities carried out with the grant, once Federal funding ceases. (d) Uses of funds
Each eligible applicant receiving a grant under this section shall use the grant funds— (1) (A) to award scholarships to help students, such as individuals who have been accepted for their first year, or who are enrolled in their first or second year, of a program of undergraduate education at an institution of higher education, pay the costs of tuition, room, board, and other expenses of completing a teacher preparation program; (B) to provide support services, if needed to enable scholarship recipients— (i) to complete postsecondary education programs; or (ii) to transition from a career outside of the field of education into a teaching career; and (C) for followup services provided to former scholarship recipients during the recipients first 3 years of teaching; or (2) to develop and implement effective mechanisms to ensure that high-need local educational agencies and schools are able effectively to recruit highly qualified teachers. (e) Additional discretionary uses of funds
In addition to the uses described in subsection (d), each eligible applicant receiving a grant under this section may use the grant funds— (1) to develop and implement effective mechanisms to recruit into the teaching profession employees from— (A) high-demand industries, including technology industries; and (B) the fields of science, mathematics, and engineering; and (2) to conduct outreach and coordinate with inner city and rural secondary schools to encourage students to pursue teaching as a career. (f) Service requirements
(1) In general
The Secretary shall establish such requirements as the Secretary determines necessary to ensure that recipients of scholarships under this section who complete teacher education programs— (A) subsequently teach in a high-need local educational agency for a period of time equivalent to— (i) one year; increased by (ii) the period for which the recipient received scholarship assistance; or (B) repay the amount of the scholarship. (2) Use of repayments
The Secretary shall use any such repayments to carry out additional activities under this section. (g) Priority
The Secretary shall give priority under this section to eligible applicants who provide an assurance that they will recruit a high percentage of minority students to become highly qualified teachers. 205. Administrative provisions
(a) Duration; one-time awards; payments
(1) Duration
(A) Eligible States and eligible applicants
Grants awarded to eligible States and eligible applicants under this part shall be awarded for a period not to exceed 3 years. (B) Eligible partnerships
Grants awarded to eligible partnerships under this part shall be awarded for a period of 5 years. (2) One-time award
An eligible partnership may receive a grant under each of sections 203 and 204, as amended by the , only once. (3) Payments
The Secretary shall make annual payments of grant funds awarded under this part. (b) Peer review
(1) Panel
The Secretary shall provide the applications submitted under this part to a peer review panel for evaluation. With respect to each application, the peer review panel shall initially recommend the application for funding or for disapproval. (2) Priority
In recommending applications to the Secretary for funding under this part, the panel shall— (A) with respect to grants under section 202, give priority to eligible States that— (i) have initiatives to reform State teacher certification requirements that are based on rigorous academic content, scientifically based research, including scientifically based reading research, and challenging State student academic content standards; (ii) have innovative reforms to hold institutions of higher education with teacher preparation programs accountable for preparing teachers who are highly qualified and have strong teaching skills; or (iii) have innovative efforts aimed at reducing the shortage of highly qualified teachers in high poverty urban and rural areas; and (B) with respect to grants under section 203— (i) give priority to applications from broad-based eligible partnerships that involve businesses and community organizations; and (ii) take into consideration— (I) providing an equitable geographic distribution of the grants throughout the United States; and (II) the potential of the proposed activities for creating improvement and positive change. (3) Secretarial selection
The Secretary shall determine, based on the peer review process, which application shall receive funding and the amounts of the grants. In determining grant amounts, the Secretary shall take into account the total amount of funds available for all grants under this part and the types of activities proposed to be carried out. (c) Matching requirements
(1) State grants
Each eligible State receiving a grant under section 202 or 204 shall provide, from non-Federal sources, an amount equal to 50 percent of the amount of the grant (in cash or in kind) to carry out the activities supported by the grant. (2) Partnership grants
Each eligible partnership receiving a grant under section 203 or 204 shall provide, from non-Federal sources (in cash or in kind), an amount equal to 25 percent of the grant for the first year of the grant, 35 percent of the grant for the second year of the grant, and 50 percent of the grant for each succeeding year of the grant. (d) Limitation on administrative expenses
An eligible State or eligible partnership that receives a grant under this part may not use more than 2 percent of the grant funds for purposes of administering the grant. 206. Accountability and evaluation
(a) State grant accountability report
An eligible State that receives a grant under section 202 shall submit an annual accountability report to the Secretary, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Education and the Workforce of the House of Representatives. Such report shall include a description of the degree to which the eligible State, in using funds provided under such section, has made substantial progress in meeting the following goals: (1) Percentage of highly qualified teachers
Increasing the percentage of highly qualified teachers in the State as required by section 1119 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6319 ). (2) Student academic achievement
Increasing student academic achievement for all students as defined by the eligible State. (3) Raising standards
Raising the State academic standards required to enter the teaching profession as a highly qualified teacher. (4) Initial certification or licensure
Increasing success in the pass rate for initial State teacher certification or licensure, or increasing the numbers of qualified individuals being certified or licensed as teachers through alternative programs. (5) Decreasing teacher shortages
Decreasing shortages of highly qualified teachers in poor urban and rural areas. (6) Increasing opportunities for professional development
Increasing opportunities for enhanced and ongoing professional development that— (A) improves the academic content knowledge of teachers in the subject areas in which the teachers are certified or licensed to teach or in which the teachers are working toward certification or licensure to teach; and (B) promotes strong teaching skills. (7) Technology integration
Increasing the number of teachers prepared effectively to integrate technology into curricula and instruction and who use technology to collect, manage, and analyze data to improve teaching, learning, and decisionmaking for the purpose of increasing student academic achievement. (b) Eligible partnership evaluation
Each eligible partnership applying for a grant under section 203 shall establish, and include in the application submitted under section 203(c), an evaluation plan that includes strong performance objectives. The plan shall include objectives and measures for— (1) increased student achievement for all students, as measured by the partnership; (2) increased teacher retention in the first 3 years of a teacher’s career; (3) increased success in the pass rate for initial State certification or licensure of teachers; (4) increased percentage of highly qualified teachers; and (5) increasing the number of teachers trained effectively to integrate technology into curricula and instruction and who use technology to collect, manage, and analyze data to improve teaching, learning, and decisionmaking for the purpose of improving student academic achievement. (c) Revocation of grant
(1) Report
Each eligible State or eligible partnership receiving a grant under section 202 or 203 shall report annually on the progress of the eligible State or eligible partnership toward meeting the purposes of this part and the goals, objectives, and measures described in subsections (a) and (b). (2) Revocation
(A) Eligible States and eligible applicants
If the Secretary determines that an eligible State or eligible applicant is not making substantial progress in meeting the purposes, goals, objectives, and measures, as appropriate, by the end of the second year of a grant under this part, then the grant payment shall not be made for the third year of the grant. (B) Eligible partnerships
If the Secretary determines that an eligible partnership is not making substantial progress in meeting the purposes, goals, objectives, and measures, as appropriate, by the end of the third year of a grant under this part, then the grant payments shall not be made for any succeeding year of the grant. (d) Evaluation and dissemination
The Secretary shall evaluate the activities funded under this part and report annually the Secretary’s findings regarding the activities to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives. The Secretary shall broadly disseminate successful practices developed by eligible States and eligible partnerships under this part, and shall broadly disseminate information regarding such practices that were found to be ineffective. 207. Accountability for programs that prepare teachers
(a) State report card on the quality of teacher preparation
Each State that receives funds under this Act shall provide to the Secretary annually, in a uniform and comprehensible manner that conforms with the definitions and methods established by the Secretary, a State report card on the quality of teacher preparation in the State, both for traditional certification or licensure programs and for alternative certification or licensure programs, which shall include at least the following: (1) A description of the teacher certification and licensure assessments, and any other certification and licensure requirements, used by the State. (2) The standards and criteria that prospective teachers must meet in order to attain initial teacher certification or licensure and to be certified or licensed to teach particular subjects or in particular grades within the State. (3) A description of the extent to which the assessments and requirements described in paragraph (1) are aligned with the State’s standards and assessments for students. (4) The percentage of students who have completed at least 50 percent of the requirements for a teacher preparation program at an institution of higher education or alternative certification program and who have taken and passed each of the assessments used by the State for teacher certification and licensure, and the passing score on each assessment that determines whether a candidate has passed that assessment. (5) For students who have completed at least 50 percent of the requirements for a teacher preparation program at an institution of higher education or alternative certification program, and who have taken and passed each of the assessments used by the State for teacher certification and licensure, each such institution’s and each such program’s average raw score, ranked by teacher preparation program, which shall be made available widely and publicly. (6) A description of each State’s alternative routes to teacher certification, if any, and the number and percentage of teachers certified through each alternative certification route who pass State teacher certification or licensure assessments. (7) For each State, a description of proposed criteria for assessing the performance of teacher preparation programs in the State, including indicators of teacher candidate skills and academic content knowledge and evidence of gains in student academic achievement. (8) For each teacher preparation program in the State, the number of students in the program, the average number of hours of supervised practice teaching required for those in the program, and the number of full-time equivalent faculty and students in supervised practice teaching. (b) Report of the Secretary on the quality of teacher preparation
(1) Report card
The Secretary shall provide to Congress, and publish and make widely available, a report card on teacher qualifications and preparation in the United States, including all the information reported in paragraphs (1) through (8) of subsection (a). Such report shall identify States for which eligible States and eligible partnerships received a grant under this part. Such report shall be so provided, published and made available annually. (2) Report to Congress
The Secretary shall report to Congress— (A) a comparison of States’ efforts to improve teaching quality; and (B) regarding the national mean and median scores on any standardized test that is used in more than 1 State for teacher certification or licensure. (3) Special rule
In the case of programs with fewer than 10 students who have completed at least 50 percent of the requirements for a teacher preparation program taking any single initial teacher certification or licensure assessment during an academic year, the Secretary shall collect and publish information with respect to an average pass rate on State certification or licensure assessments taken over a 3-year period. (c) Coordination
The Secretary, to the extent practicable, shall coordinate the information collected and published under this part among States for individuals who took State teacher certification or licensure assessments in a State other than the State in which the individual received the individual’s most recent degree. (d) Institution and program report cards on quality of teacher preparation
(1) Report card
Each institution of higher education or alternative certification program that conducts a teacher preparation program that enrolls students receiving Federal assistance under this Act shall report annually to the State and the general public, in a uniform and comprehensible manner that conforms with the definitions and methods established by the Secretary, both for traditional certification or licensure programs and for alternative certification or licensure programs, the following information: (A) Pass rate
(i) For the most recent year for which the information is available, the pass rate of each student who has completed at least 50 percent of the requirements for the teacher preparation program on the teacher certification or licensure assessments of the State in which the institution is located, but only for those students who took those assessments within 3 years of receiving a degree from the institution or completing the program. (ii) A comparison of the institution or program’s pass rate for students who have completed at least 50 percent of the requirements for the teacher preparation program with the average pass rate for institutions and programs in the State. (iii) A comparison of the institution or program’s average raw score for students who have completed at least 50 percent of the requirements for the teacher preparation program with the average raw scores for institutions and programs in the State. (iv) In the case of programs with fewer than 10 students who have completed at least 50 percent of the requirements for a teacher preparation program taking any single initial teacher certification or licensure assessment during an academic year, the institution shall collect and publish information with respect to an average pass rate on State certification or licensure assessments taken over a 3-year period. (B) Program information
The number of students in the program, the average number of hours of supervised practice teaching required for those in the program, and the number of full-time equivalent faculty and students in supervised practice teaching. (C) Statement
In States that require approval or accreditation of teacher education programs, a statement of whether the institution’s program is so approved or accredited, and by whom. (D) Designation as low-performing
Whether the program has been designated as low-performing by the State under section 208(a). (2) Requirement
The information described in paragraph (1) shall be reported through publications such as school catalogs and promotional materials sent to potential applicants, secondary school guidance counselors, and prospective employers of the institution’s program graduates, including materials sent by electronic means. (3) Fines
In addition to the actions authorized in section 487(c), the Secretary may impose a fine not to exceed $25,000 on an institution of higher education for failure to provide the information described in this subsection in a timely or accurate manner. (e) Data quality
Either— (1) the Governor of the State; or (2) in the case of a State for which the constitution or law of such State designates another individual, entity, or agency in the State to be responsible for teacher certification and preparation activity, such individual, entity, or agency; shall attest annually, in writing, as to the reliability, validity, integrity, and accuracy of the data submitted pursuant to this section. 208. State functions
(a) State assessment
In order to receive funds under this Act, a State shall have in place a procedure to identify and assist, through the provision of technical assistance, low-performing programs of teacher preparation within institutions of higher education. Such State shall provide the Secretary an annual list of such low-performing institutions that includes an identification of those institutions at risk of being placed on such list. Such levels of performance shall be determined solely by the State and may include criteria based upon information collected pursuant to this part. Such assessment shall be described in the report under section 207(a). (b) Termination of eligibility
Any institution of higher education that offers a program of teacher preparation in which the State has withdrawn the State’s approval or terminated the State’s financial support due to the low performance of the institution’s teacher preparation program based upon the State assessment described in subsection (a)— (1) shall be ineligible for any funding for professional development activities awarded by the Department of Education; and (2) shall not be permitted to accept or enroll any student who receives aid under title IV of this Act in the institution’s teacher preparation program. 209. General provisions
(a) Methods
In complying with sections 207 and 208, the Secretary shall ensure that States and institutions of higher education use fair and equitable methods in reporting and that the reporting methods do not allow identification of individuals. (b) Special rule
For each State in which there are no State certification or licensure assessments, or for States that do not set minimum performance levels on those assessments— (1) the Secretary shall, to the extent practicable, collect data comparable to the data required under this part from States, local educational agencies, institutions of higher education, or other entities that administer such assessments to teachers or prospective teachers; and (2) notwithstanding any other provision of this part, the Secretary shall use such data to carry out requirements of this part related to assessments or pass rates. (c) Limitations
(1) Federal control prohibited
Nothing in this part shall be construed to permit, allow, encourage, or authorize any Federal control over any aspect of any private, religious, or home school, whether or not a home school is treated as a private school or home school under State law. This section shall not be construed to prohibit private, religious, or home schools from participation in programs or services under this part. (2) No change in State control encouraged or required
Nothing in this part shall be construed to encourage or require any change in a State’s treatment of any private, religious, or home school, whether or not a home school is treated as a private school or home school under State law. (3) National system of teacher certification prohibited
Nothing in this part shall be construed to permit, allow, encourage, or authorize the Secretary to establish or support any national system of teacher certification. 210. Authorization of appropriations
There are authorized to be appropriated to carry out this part $300,000,000 for fiscal year 2004 and such sums as may be necessary for each of the 4 succeeding fiscal years, of which— (1) 45 percent shall be available for each fiscal year to award grants under section 202; (2) 45 percent shall be available for each fiscal year to award grants under section 203; and (3) 10 percent shall be available for each fiscal year to award grants under section 204.. 201. Purposes; definitions
(a) Purposes
The purposes of this part are to— (1) improve student academic achievement; (2) improve the quality of the current and future teaching force by improving the preparation of prospective teachers and enhancing professional development activities; (3) hold institutions of higher education accountable for preparing highly qualified teachers; and (4) recruit qualified individuals, including minorities and individuals from other occupations, into the teaching force. (b) Definitions
In this part: (1) Arts and sciences
The term arts and sciences means— (A) when referring to an organizational unit of an institution of higher education, any academic unit that offers 1 or more academic majors in disciplines or content areas corresponding to the academic subject matter areas in which teachers provide instruction; and (B) when referring to a specific academic subject matter area, the disciplines or content areas in which academic majors are offered by the arts and science organizational unit. (2) Exemplary teacher
The term exemplary teacher has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (3) Highly qualified
The term highly qualified has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (4) High-need local educational agency
The term high-need local educational agency means a local educational agency— (A) (i) (I) that serves not fewer than 10,000 children from families with incomes below the poverty line; or (II) for which not less than 25 percent of the children served by the agency are from families with incomes below the poverty line; (ii) that is among those serving the highest number or percentage of children from families with incomes below the poverty line in the State, but this clause applies only in a State that has no local educational agency meeting the requirements of clause (i); or (iii) with a total of less than 600 students in average daily attendance at the schools that are served by the agency and all of whose schools are designated with a school locale code of 7, as determined by the Secretary; and (B) (i) for which there is a high percentage of teachers not teaching in the academic subjects or grade levels that the teachers were trained to teach; or (ii) for which there is a high percentage of teachers with emergency, provisional, or temporary certification or licensing. (5) Poverty line
The term poverty line means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) )) applicable to a family of the size involved. (6) Professional development
The term professional development has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (7) Scientifically based reading research
The term scientifically based reading research has the meaning given such term in section 1208 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6368 ). (8) Scientifically based research
The term scientifically based research has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (9) Teaching skills
The term teaching skills means skills that— (A) are based on scientifically based research; (B) enable teachers to effectively convey and explain subject matter content; (C) lead to increased student academic achievement; and (D) use strategies that— (i) are specific to subject matter; (ii) include ongoing assessment of student learning; (iii) focus on identification and tailoring of academic instruction to students’s specific learning needs; and (iv) focus on classroom management. 202. State grants
(a) In general
From amounts made available under section 210(1) for a fiscal year, the Secretary is authorized to award grants under this section, on a competitive basis, to eligible States to enable the eligible States to carry out the activities described in subsection (d). (b) Eligible State
(1) Definition
In this part, the term eligible State means— (A) the Governor of a State; or (B) in the case of a State for which the constitution or law of such State designates another individual, entity, or agency in the State to be responsible for teacher certification and preparation activity, such individual, entity, or agency. (2) Consultation
The Governor or the individual, entity, or agency designated under paragraph (1)(B) shall consult with the Governor, State board of education, State educational agency, or State agency for higher education, as appropriate, with respect to the activities assisted under this section. (3) Construction
Nothing in this subsection shall be construed to negate or supersede the legal authority under State law of any State agency, State entity, or State public official over programs that are under the jurisdiction of the agency, entity, or official. (c) Application
To be eligible to receive a grant under this section, an eligible State shall submit an application to the Secretary that— (1) meets the requirement of this section; (2) demonstrates that the State is in full compliance with sections 207 and 208; (3) includes a description of how the eligible State intends to use funds provided under this section; (4) includes measurable objectives for the use of the funds provided under the grant; (5) demonstrates the State has submitted and is actively implementing a plan that meets the requirements of sections 1111(h)(1)(C)(viii) and 1119 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(h)(1)(C)(viii) and 6319); and (6) contains such other information and assurances as the Secretary may require. (d) Uses of funds
An eligible State that receives a grant under this section shall use the grant funds to reform teacher preparation requirements, to coordinate with State activities under section 2113(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6613(c) ), and to ensure that current and future teachers are highly qualified, by carrying out one or more of the following activities: (1) Reforms
Ensuring that all teacher preparation programs in the State are preparing teachers who are highly qualified, are able to understand scientifically based research and its applicability, and are able to use advanced technology effectively in the classroom, including use for instructional techniques to improve student academic achievement, by assisting such programs— (A) to retrain faculty; and (B) to design (or redesign) teacher preparation programs so they— (i) are based on rigorous academic content, scientifically based research (including scientifically based reading research), and challenging State student academic content standards; and (ii) promote strong teaching skills. (2) Certification or licensure requirements
Reforming teacher certification (including recertification) or licensing requirements to ensure that— (A) teachers have the subject matter knowledge and teaching skills in the academic subjects that the teachers teach that are necessary to help students meet challenging State student academic achievement standards; and (B) such requirements are aligned with challenging State academic content standards. (3) Alternatives to traditional teacher preparation and State certification
Providing prospective teachers with alternative routes to State certification and traditional preparation to become highly qualified teachers through— (A) innovative approaches that reduce unnecessary barriers to State certification while producing highly qualified teachers; (B) programs that provide support to teachers during their initial years in the profession; and (C) alternative routes to State certification of teachers for qualified individuals, including mid-career professionals from other occupations, former military personnel, and recent college graduates with records of academic distinction. (4) Innovative programs
Planning and implementing innovative programs to enhance the ability of institutions of higher education to prepare highly qualified teachers, such as charter colleges of education or university and local educational agency partnership schools, that— (A) permit flexibility in meeting State requirements as long as graduates, during their initial years in the profession, increase student academic achievement; (B) provide long-term data gathered from teachers’ performance over multiple years in the classroom on the ability to increase student academic achievement; (C) ensure high-quality preparation of teachers from underrepresented groups; and (D) create performance measures that can be used to document the effectiveness of innovative methods for preparing highly qualified teachers. (5) Merit pay
Developing, or assisting local educational agencies in developing— (A) merit-based performance systems that reward teachers who increase student academic achievement; and (B) strategies that provide differential and bonus pay in high-need local educational agencies to retain— (i) principals; (ii) highly qualified teachers who teach in high-need academic subjects, such as reading, mathematics, and science; (iii) highly qualified teachers who teach in schools identified for school improvement under section 1116(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6316(b) ); (iv) special education teachers; (v) teachers specializing in teaching limited English proficient children; and (vi) highly qualified teachers in urban and rural schools or districts. (6) Teacher advancement
Developing, or assisting local educational agencies in developing, teacher advancement and retention initiatives that promote professional growth and emphasize multiple career paths (such as paths to becoming a highly qualified mentor teacher or exemplary teacher) and pay differentiation. (7) Teacher removal
Developing and implementing effective mechanisms to ensure that local educational agencies and schools are able to remove expeditiously incompetent or unqualified teachers consistent with procedures to ensure due process for the teachers. (8) Technical assistance
Providing technical assistance to low-performing teacher preparation programs within institutions of higher education identified under section 208(a). (9) Teacher effectiveness
Developing— (A) systems to measure the effectiveness of teacher preparation programs and professional development programs; and (B) strategies to document gains in student academic achievement or increases in teacher mastery of the academic subjects the teachers teach as a result of such programs. (10) Teacher recruitment and retention
Undertaking activities that— (A) develop and implement effective mechanisms to ensure that local educational agencies and schools are able effectively to recruit and retain highly qualified teachers; or (B) are described in section 204(d). (11) Preschool teachers
Developing strategies— (A) to improve the qualifications of preschool teachers, which may include State certification for such teachers; and (B) to improve and expand preschool teacher preparation programs. (e) Evaluation
(1) Evaluation system
An eligible State that receives a grant under this section shall develop and utilize a system to evaluate annually the effectiveness of teacher preparation programs and professional development activities within the State in producing gains in— (A) the teacher’s annual contribution to improving student academic achievement, as measured by State academic assessments required under section 1111(b)(3) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(3) ); and (B) teacher mastery of the academic subjects they teach, as measured by pre- and post-participation tests of teacher knowledge, as appropriate. (2) Use of evaluation system
Such evaluation system shall be used by the State to evaluate— (A) activities carried out using funds provided under this section; and (B) the quality of its teacher education programs. (3) Public reporting
The State shall make the information described in paragraph (1) widely available through public means, such as posting on the Internet, distribution to the media, and distribution through public agencies. 203. Partnership grants
(a) Grants
From amounts made available under section 210(2) for a fiscal year, the Secretary is authorized to award grants under this section, on a competitive basis, to eligible partnerships to enable the eligible partnerships to carry out the activities described in subsections (d) and (e). (b) Definitions
(1) Eligible partnerships
In this part, the term eligible partnership means an entity that— (A) shall include— (i) a partner institution; (ii) a school of arts and sciences; (iii) a high-need local educational agency; and (iv) a public or private educational organization; and (B) may include a Governor, State educational agency, the State board of education, the State agency for higher education, an institution of higher education not described in subparagraph (A), a public charter school, a public or private elementary school or secondary school, a public or private educational organization, a business, a science-, mathematics-, or technology-oriented entity, a faith-based or community organization, a prekindergarten program, a teacher organization, an education service agency, a consortia of local educational agencies, or a nonprofit telecommunications entity. (2) Partner institution
In this section, the term partner institution means an institution of higher education, the teacher training program of which demonstrates that— (A) graduates from the teacher training program exhibit strong performance on State-determined qualifying assessments for new teachers through— (i) demonstrating that the graduates of the program who intend to enter the field of teaching have passed all of the applicable State qualification assessments for new teachers, which shall include an assessment of each prospective teacher’s subject matter knowledge in the content area or areas in which the teacher intends to teach; or (ii) being ranked among the highest-performing teacher preparation programs in the State as determined by the State— (I) using criteria consistent with the requirements for the State report card under section 207(a); and (II) using the State report card on teacher preparation required under section 207(a); or (B) the teacher training program requires all the students of the program to participate in intensive clinical experience, to meet high academic standards, and— (i) in the case of secondary school candidates, to successfully complete an academic major in the subject area in which the candidate intends to teach or to demonstrate competence through a high level of performance in relevant content areas; and (ii) in the case of elementary school candidates, to successfully complete an academic major in the arts and sciences or to demonstrate competence through a high level of performance in core academic subject areas. (c) Application
Each eligible partnership desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Each such application shall— (1) contain a needs assessment of all the partners with respect to teaching and learning and a description of how the partnership will coordinate with other teacher training or professional development programs, and how the activities of the partnership will be consistent with State, local, and other education reform activities that promote student academic achievement; (2) contain a resource assessment that describes the resources available to the partnership, the intended use of the grant funds, including a description of how the grant funds will be used in accordance with subsection (f), and the commitment of the resources of the partnership to the activities assisted under this part, including financial support, faculty participation, time commitments, and continuation of the activities when the grant ends; (3) contain a description of— (A) how the partnership will meet the purposes of this part; (B) how the partnership will carry out the activities required under subsection (d) and any permissible activities under subsection (e); (C) the partnership’s evaluation plan pursuant to section 206(b); (D) how faculty of the teacher preparation program at the partner institution will serve, over the term of the grant, with highly qualified teachers in the classrooms of the high-need local educational agency included in the partnership; (E) how the partnership will ensure that teachers, principals, and superintendents in private elementary and secondary schools located in the geographic areas served by an eligible partnership under this section will participate equitably in accordance with section 9501 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7881 ); (F) how the partnership will design and implement a clinical program component that includes close supervision of student teachers by faculty of the teacher preparation program at the partner institution and mentor teachers; (G) how the partnership will design and implement an induction program to support all new teachers through the first 3 years of teaching that includes mentors who are trained and compensated by the partnership for their work with new teachers; and (H) how the partnership will collect, analyze, and use data on the retention of all teachers in schools located in the geographic areas served by the partnership to evaluate the effectiveness of its teacher support system; and (4) contain a certification from the high-need local educational agency included in the partnership that it has reviewed the application and determined that the grant proposed will comply with subsection (f). (d) Required uses of funds
An eligible partnership that receives a grant under this section shall use the grant funds to reform teacher preparation requirements, to coordinate with State activities under section 2113(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6613(c) ), and to ensure that current and future teachers are highly qualified, by carrying out one or more of the following activities: (1) Reforms
Implementing reforms within teacher preparation programs to ensure that such programs are preparing teachers who are highly qualified, are able to understand scientifically based research and its applicability, and are able to use advanced technology effectively in the classroom, including use for instructional techniques to improve student academic achievement, by— (A) retraining faculty; and (B) designing (or redesigning) teacher preparation programs so they— (i) are based on rigorous academic content, scientifically based research (including scientifically based reading research), and challenging State student academic content standards; and (ii) promote strong teaching skills. (2) Clinical experience and interaction
Providing sustained and high-quality preservice and in-service clinical experience, including the mentoring of prospective teachers by exemplary teachers, substantially increasing interaction between faculty at institutions of higher education and new and experienced teachers, principals, and other administrators at elementary schools or secondary schools, and providing support for teachers, including preparation time and release time, for such interaction. (3) Professional development
Creating opportunities for enhanced and ongoing professional development that improves the academic content knowledge of teachers in the subject areas in which the teachers are certified to teach or in which the teachers are working toward certification to teach, and that promotes strong teaching skills. (4) Teacher preparation
Developing, or assisting local educational agencies in developing, professional development activities that— (A) provide training in how to teach and address the needs of students with different learning styles, particularly students with disabilities, limited English proficient students, and students with special learning needs; and (B) provide training in methods of— (i) improving student behavior in the classroom; and (ii) identifying early and appropriate interventions to help students described in subparagraph (A) learn. (e) Allowable uses of funds
An eligible partnership that receives a grant under this section may use such funds to carry out the following activities: (1) Alternatives to traditional teacher preparation and State certification
Providing prospective teachers with alternative routes to State certification and traditional preparation to become highly qualified teachers through— (A) innovative approaches that reduce unnecessary barriers to teacher preparation while producing highly qualified teachers; (B) programs that provide support during a teacher’s initial years in the profession; and (C) alternative routes to State certification of teachers for qualified individuals, including mid-career professionals from other occupations, former military personnel, and recent college graduates with records of academic distinction. (2) Dissemination and coordination
Broadly disseminating information on effective practices used by the partnership, and coordinating with the activities of the Governor, State board of education, State higher education agency, and State educational agency, as appropriate. (3) Managerial and leadership skills
Developing and implementing professional development programs for principals and superintendents that enable them to be effective school leaders and prepare all students to meet challenging State academic content and student academic achievement standards. (4) Teacher recruitment
Activities— (A) to encourage students to become highly qualified teachers, such as extracurricular enrichment activities; and (B) activities described in section 204(d). (5) Clinical experience in science, mathematics, and technology
Creating opportunities for clinical experience and training, by participation in the business, research, and work environments with professionals, in areas relating to science, mathematics, and technology for teachers and prospective teachers, including opportunities for use of laboratory equipment, in order for the teacher to return to the classroom for at least 2 years and provide instruction that will raise student academic achievement. (6) Coordination with community colleges
Coordinating with community colleges to implement teacher preparation programs, including through distance learning, for the purposes of allowing prospective teachers— (A) to attain a bachelor’s degree and State certification or licensure; and (B) to become highly qualified teachers. (7) Teacher mentoring
Establishing or implementing a teacher mentoring program that— (A) includes minimum qualifications for mentors; (B) provides training and stipends for mentors; (C) provides mentoring programs for teachers in their first 3 years of teaching; (D) provides regular and ongoing opportunities for mentors and mentees to observe each other’s teaching methods in classroom settings during the school day; (E) establishes an evaluation and accountability plan for activities conducted under this paragraph that includes rigorous objectives to measure the impact of such activities; and (F) provides for a report to the Secretary on an annual basis regarding the partnership’s progress in meeting the objectives described in subparagraph (E). (8) Computer software for multilingual education
Training teachers to use computer software for multilingual education to address the needs of limited English proficient students. (f) Special rule
At least 50 percent of the funds made available to an eligible partnership under this section shall be used directly to benefit the high-need local educational agency included in the partnership. Any entity described in subsection (b)(1)(A) may be the fiscal agent under this section. (g) Construction
Nothing in this section shall be construed to prohibit an eligible partnership from using grant funds to coordinate with the activities of more than one Governor, State board of education, State educational agency, local educational agency, or State agency for higher education. (h) Supplement, not supplant
Funds made available under this section shall be used to supplement, and not supplant, other Federal, State, and local funds that would otherwise be expended to carry out the purposes of this section. 204. Teacher recruitment grants
(a) Program authorized
From amounts made available under section 210(3) for a fiscal year, the Secretary is authorized to award grants, on a competitive basis, to eligible applicants to enable the eligible applicants to carry out activities described in subsection (d). (b) Eligible applicant defined
In this part, the term eligible applicant means— (1) an eligible State described in section 202(b); or (2) an eligible partnership described in section 203(b). (c) Application
Any eligible applicant desiring to receive a grant under this section shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require, including— (1) a description of the assessment that the eligible applicant, and the other entities with whom the eligible applicant will carry out the grant activities, have undertaken to determine the most critical needs of the participating high-need local educational agencies; (2) a description of the activities the eligible applicant will carry out with the grant, including the extent to which the applicant will use funds to recruit minority students to become highly qualified teachers; and (3) a description of the eligible applicant’s plan for continuing the activities carried out with the grant, once Federal funding ceases. (d) Uses of funds
Each eligible applicant receiving a grant under this section shall use the grant funds— (1) (A) to award scholarships to help students, such as individuals who have been accepted for their first year, or who are enrolled in their first or second year, of a program of undergraduate education at an institution of higher education, pay the costs of tuition, room, board, and other expenses of completing a teacher preparation program; (B) to provide support services, if needed to enable scholarship recipients— (i) to complete postsecondary education programs; or (ii) to transition from a career outside of the field of education into a teaching career; and (C) for followup services provided to former scholarship recipients during the recipients first 3 years of teaching; or (2) to develop and implement effective mechanisms to ensure that high-need local educational agencies and schools are able effectively to recruit highly qualified teachers. (e) Additional discretionary uses of funds
In addition to the uses described in subsection (d), each eligible applicant receiving a grant under this section may use the grant funds— (1) to develop and implement effective mechanisms to recruit into the teaching profession employees from— (A) high-demand industries, including technology industries; and (B) the fields of science, mathematics, and engineering; and (2) to conduct outreach and coordinate with inner city and rural secondary schools to encourage students to pursue teaching as a career. (f) Service requirements
(1) In general
The Secretary shall establish such requirements as the Secretary determines necessary to ensure that recipients of scholarships under this section who complete teacher education programs— (A) subsequently teach in a high-need local educational agency for a period of time equivalent to— (i) one year; increased by (ii) the period for which the recipient received scholarship assistance; or (B) repay the amount of the scholarship. (2) Use of repayments
The Secretary shall use any such repayments to carry out additional activities under this section. (g) Priority
The Secretary shall give priority under this section to eligible applicants who provide an assurance that they will recruit a high percentage of minority students to become highly qualified teachers. 205. Administrative provisions
(a) Duration; one-time awards; payments
(1) Duration
(A) Eligible States and eligible applicants
Grants awarded to eligible States and eligible applicants under this part shall be awarded for a period not to exceed 3 years. (B) Eligible partnerships
Grants awarded to eligible partnerships under this part shall be awarded for a period of 5 years. (2) One-time award
An eligible partnership may receive a grant under each of sections 203 and 204, as amended by the , only once. (3) Payments
The Secretary shall make annual payments of grant funds awarded under this part. (b) Peer review
(1) Panel
The Secretary shall provide the applications submitted under this part to a peer review panel for evaluation. With respect to each application, the peer review panel shall initially recommend the application for funding or for disapproval. (2) Priority
In recommending applications to the Secretary for funding under this part, the panel shall— (A) with respect to grants under section 202, give priority to eligible States that— (i) have initiatives to reform State teacher certification requirements that are based on rigorous academic content, scientifically based research, including scientifically based reading research, and challenging State student academic content standards; (ii) have innovative reforms to hold institutions of higher education with teacher preparation programs accountable for preparing teachers who are highly qualified and have strong teaching skills; or (iii) have innovative efforts aimed at reducing the shortage of highly qualified teachers in high poverty urban and rural areas; and (B) with respect to grants under section 203— (i) give priority to applications from broad-based eligible partnerships that involve businesses and community organizations; and (ii) take into consideration— (I) providing an equitable geographic distribution of the grants throughout the United States; and (II) the potential of the proposed activities for creating improvement and positive change. (3) Secretarial selection
The Secretary shall determine, based on the peer review process, which application shall receive funding and the amounts of the grants. In determining grant amounts, the Secretary shall take into account the total amount of funds available for all grants under this part and the types of activities proposed to be carried out. (c) Matching requirements
(1) State grants
Each eligible State receiving a grant under section 202 or 204 shall provide, from non-Federal sources, an amount equal to 50 percent of the amount of the grant (in cash or in kind) to carry out the activities supported by the grant. (2) Partnership grants
Each eligible partnership receiving a grant under section 203 or 204 shall provide, from non-Federal sources (in cash or in kind), an amount equal to 25 percent of the grant for the first year of the grant, 35 percent of the grant for the second year of the grant, and 50 percent of the grant for each succeeding year of the grant. (d) Limitation on administrative expenses
An eligible State or eligible partnership that receives a grant under this part may not use more than 2 percent of the grant funds for purposes of administering the grant. 206. Accountability and evaluation
(a) State grant accountability report
An eligible State that receives a grant under section 202 shall submit an annual accountability report to the Secretary, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Education and the Workforce of the House of Representatives. Such report shall include a description of the degree to which the eligible State, in using funds provided under such section, has made substantial progress in meeting the following goals: (1) Percentage of highly qualified teachers
Increasing the percentage of highly qualified teachers in the State as required by section 1119 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6319 ). (2) Student academic achievement
Increasing student academic achievement for all students as defined by the eligible State. (3) Raising standards
Raising the State academic standards required to enter the teaching profession as a highly qualified teacher. (4) Initial certification or licensure
Increasing success in the pass rate for initial State teacher certification or licensure, or increasing the numbers of qualified individuals being certified or licensed as teachers through alternative programs. (5) Decreasing teacher shortages
Decreasing shortages of highly qualified teachers in poor urban and rural areas. (6) Increasing opportunities for professional development
Increasing opportunities for enhanced and ongoing professional development that— (A) improves the academic content knowledge of teachers in the subject areas in which the teachers are certified or licensed to teach or in which the teachers are working toward certification or licensure to teach; and (B) promotes strong teaching skills. (7) Technology integration
Increasing the number of teachers prepared effectively to integrate technology into curricula and instruction and who use technology to collect, manage, and analyze data to improve teaching, learning, and decisionmaking for the purpose of increasing student academic achievement. (b) Eligible partnership evaluation
Each eligible partnership applying for a grant under section 203 shall establish, and include in the application submitted under section 203(c), an evaluation plan that includes strong performance objectives. The plan shall include objectives and measures for— (1) increased student achievement for all students, as measured by the partnership; (2) increased teacher retention in the first 3 years of a teacher’s career; (3) increased success in the pass rate for initial State certification or licensure of teachers; (4) increased percentage of highly qualified teachers; and (5) increasing the number of teachers trained effectively to integrate technology into curricula and instruction and who use technology to collect, manage, and analyze data to improve teaching, learning, and decisionmaking for the purpose of improving student academic achievement. (c) Revocation of grant
(1) Report
Each eligible State or eligible partnership receiving a grant under section 202 or 203 shall report annually on the progress of the eligible State or eligible partnership toward meeting the purposes of this part and the goals, objectives, and measures described in subsections (a) and (b). (2) Revocation
(A) Eligible States and eligible applicants
If the Secretary determines that an eligible State or eligible applicant is not making substantial progress in meeting the purposes, goals, objectives, and measures, as appropriate, by the end of the second year of a grant under this part, then the grant payment shall not be made for the third year of the grant. (B) Eligible partnerships
If the Secretary determines that an eligible partnership is not making substantial progress in meeting the purposes, goals, objectives, and measures, as appropriate, by the end of the third year of a grant under this part, then the grant payments shall not be made for any succeeding year of the grant. (d) Evaluation and dissemination
The Secretary shall evaluate the activities funded under this part and report annually the Secretary’s findings regarding the activities to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives. The Secretary shall broadly disseminate successful practices developed by eligible States and eligible partnerships under this part, and shall broadly disseminate information regarding such practices that were found to be ineffective. 207. Accountability for programs that prepare teachers
(a) State report card on the quality of teacher preparation
Each State that receives funds under this Act shall provide to the Secretary annually, in a uniform and comprehensible manner that conforms with the definitions and methods established by the Secretary, a State report card on the quality of teacher preparation in the State, both for traditional certification or licensure programs and for alternative certification or licensure programs, which shall include at least the following: (1) A description of the teacher certification and licensure assessments, and any other certification and licensure requirements, used by the State. (2) The standards and criteria that prospective teachers must meet in order to attain initial teacher certification or licensure and to be certified or licensed to teach particular subjects or in particular grades within the State. (3) A description of the extent to which the assessments and requirements described in paragraph (1) are aligned with the State’s standards and assessments for students. (4) The percentage of students who have completed at least 50 percent of the requirements for a teacher preparation program at an institution of higher education or alternative certification program and who have taken and passed each of the assessments used by the State for teacher certification and licensure, and the passing score on each assessment that determines whether a candidate has passed that assessment. (5) For students who have completed at least 50 percent of the requirements for a teacher preparation program at an institution of higher education or alternative certification program, and who have taken and passed each of the assessments used by the State for teacher certification and licensure, each such institution’s and each such program’s average raw score, ranked by teacher preparation program, which shall be made available widely and publicly. (6) A description of each State’s alternative routes to teacher certification, if any, and the number and percentage of teachers certified through each alternative certification route who pass State teacher certification or licensure assessments. (7) For each State, a description of proposed criteria for assessing the performance of teacher preparation programs in the State, including indicators of teacher candidate skills and academic content knowledge and evidence of gains in student academic achievement. (8) For each teacher preparation program in the State, the number of students in the program, the average number of hours of supervised practice teaching required for those in the program, and the number of full-time equivalent faculty and students in supervised practice teaching. (b) Report of the Secretary on the quality of teacher preparation
(1) Report card
The Secretary shall provide to Congress, and publish and make widely available, a report card on teacher qualifications and preparation in the United States, including all the information reported in paragraphs (1) through (8) of subsection (a). Such report shall identify States for which eligible States and eligible partnerships received a grant under this part. Such report shall be so provided, published and made available annually. (2) Report to Congress
The Secretary shall report to Congress— (A) a comparison of States’ efforts to improve teaching quality; and (B) regarding the national mean and median scores on any standardized test that is used in more than 1 State for teacher certification or licensure. (3) Special rule
In the case of programs with fewer than 10 students who have completed at least 50 percent of the requirements for a teacher preparation program taking any single initial teacher certification or licensure assessment during an academic year, the Secretary shall collect and publish information with respect to an average pass rate on State certification or licensure assessments taken over a 3-year period. (c) Coordination
The Secretary, to the extent practicable, shall coordinate the information collected and published under this part among States for individuals who took State teacher certification or licensure assessments in a State other than the State in which the individual received the individual’s most recent degree. (d) Institution and program report cards on quality of teacher preparation
(1) Report card
Each institution of higher education or alternative certification program that conducts a teacher preparation program that enrolls students receiving Federal assistance under this Act shall report annually to the State and the general public, in a uniform and comprehensible manner that conforms with the definitions and methods established by the Secretary, both for traditional certification or licensure programs and for alternative certification or licensure programs, the following information: (A) Pass rate
(i) For the most recent year for which the information is available, the pass rate of each student who has completed at least 50 percent of the requirements for the teacher preparation program on the teacher certification or licensure assessments of the State in which the institution is located, but only for those students who took those assessments within 3 years of receiving a degree from the institution or completing the program. (ii) A comparison of the institution or program’s pass rate for students who have completed at least 50 percent of the requirements for the teacher preparation program with the average pass rate for institutions and programs in the State. (iii) A comparison of the institution or program’s average raw score for students who have completed at least 50 percent of the requirements for the teacher preparation program with the average raw scores for institutions and programs in the State. (iv) In the case of programs with fewer than 10 students who have completed at least 50 percent of the requirements for a teacher preparation program taking any single initial teacher certification or licensure assessment during an academic year, the institution shall collect and publish information with respect to an average pass rate on State certification or licensure assessments taken over a 3-year period. (B) Program information
The number of students in the program, the average number of hours of supervised practice teaching required for those in the program, and the number of full-time equivalent faculty and students in supervised practice teaching. (C) Statement
In States that require approval or accreditation of teacher education programs, a statement of whether the institution’s program is so approved or accredited, and by whom. (D) Designation as low-performing
Whether the program has been designated as low-performing by the State under section 208(a). (2) Requirement
The information described in paragraph (1) shall be reported through publications such as school catalogs and promotional materials sent to potential applicants, secondary school guidance counselors, and prospective employers of the institution’s program graduates, including materials sent by electronic means. (3) Fines
In addition to the actions authorized in section 487(c), the Secretary may impose a fine not to exceed $25,000 on an institution of higher education for failure to provide the information described in this subsection in a timely or accurate manner. (e) Data quality
Either— (1) the Governor of the State; or (2) in the case of a State for which the constitution or law of such State designates another individual, entity, or agency in the State to be responsible for teacher certification and preparation activity, such individual, entity, or agency; shall attest annually, in writing, as to the reliability, validity, integrity, and accuracy of the data submitted pursuant to this section. 208. State functions
(a) State assessment
In order to receive funds under this Act, a State shall have in place a procedure to identify and assist, through the provision of technical assistance, low-performing programs of teacher preparation within institutions of higher education. Such State shall provide the Secretary an annual list of such low-performing institutions that includes an identification of those institutions at risk of being placed on such list. Such levels of performance shall be determined solely by the State and may include criteria based upon information collected pursuant to this part. Such assessment shall be described in the report under section 207(a). (b) Termination of eligibility
Any institution of higher education that offers a program of teacher preparation in which the State has withdrawn the State’s approval or terminated the State’s financial support due to the low performance of the institution’s teacher preparation program based upon the State assessment described in subsection (a)— (1) shall be ineligible for any funding for professional development activities awarded by the Department of Education; and (2) shall not be permitted to accept or enroll any student who receives aid under title IV of this Act in the institution’s teacher preparation program. 209. General provisions
(a) Methods
In complying with sections 207 and 208, the Secretary shall ensure that States and institutions of higher education use fair and equitable methods in reporting and that the reporting methods do not allow identification of individuals. (b) Special rule
For each State in which there are no State certification or licensure assessments, or for States that do not set minimum performance levels on those assessments— (1) the Secretary shall, to the extent practicable, collect data comparable to the data required under this part from States, local educational agencies, institutions of higher education, or other entities that administer such assessments to teachers or prospective teachers; and (2) notwithstanding any other provision of this part, the Secretary shall use such data to carry out requirements of this part related to assessments or pass rates. (c) Limitations
(1) Federal control prohibited
Nothing in this part shall be construed to permit, allow, encourage, or authorize any Federal control over any aspect of any private, religious, or home school, whether or not a home school is treated as a private school or home school under State law. This section shall not be construed to prohibit private, religious, or home schools from participation in programs or services under this part. (2) No change in State control encouraged or required
Nothing in this part shall be construed to encourage or require any change in a State’s treatment of any private, religious, or home school, whether or not a home school is treated as a private school or home school under State law. (3) National system of teacher certification prohibited
Nothing in this part shall be construed to permit, allow, encourage, or authorize the Secretary to establish or support any national system of teacher certification. 210. Authorization of appropriations
There are authorized to be appropriated to carry out this part $300,000,000 for fiscal year 2004 and such sums as may be necessary for each of the 4 succeeding fiscal years, of which— (1) 45 percent shall be available for each fiscal year to award grants under section 202; (2) 45 percent shall be available for each fiscal year to award grants under section 203; and (3) 10 percent shall be available for each fiscal year to award grants under section 204. 3. Preparing tomorrow’s teachers to use technology
(a) Eligibility
Section 222(a)(3)(D) of the Higher Education Act of 1965 ( 20 U.S.C. 1042(a)(3)(D) ) is amended by inserting nonprofit telecommunications entity, after community-based organization,. (b) Permissible uses of funds
Section 223(b)(1)(E) of the Higher Education Act of 1965 ( 20 U.S.C. 1043(b)(1)(E) ) is amended to read as follows: (E) To use technology to collect, manage, and analyze data to improve teaching, learning, and decisionmaking for the purpose of increasing student academic achievement.. (c) Authorization of appropriations
Section 224 of the Higher Education Act of 1965 ( 20 U.S.C. 1044 ) is amended by striking each of fiscal years 2002 and 2003. and inserting fiscal year 2004 and each of the 4 succeeding fiscal years.. 4. Centers of excellence
Title II of the Higher Education Act of 1965 ( 20 U.S.C. 1021 et seq. ) is amended by adding at the end the following: C Centers of excellence
231. Purposes; definitions
(a) Purposes
The purposes of this part are— (1) to help recruit and prepare teachers, including minority teachers, to meet the national demand for a highly qualified teacher in every classroom; and (2) to increase opportunities for Americans of all educational, ethnic, class, and geographic backgrounds to become highly qualified teachers. (b) Definitions
As used in this part: (1) Eligible institution
The term eligible institution means— (A) an institution of higher education that has a teacher preparation program that meets the requirements of section 203(b)(2) and that is— (i) a part B institution (as defined in section 322); (ii) a Hispanic-serving institution (as defined in section 502); (iii) a Tribal College or University (as defined in section 316); (iv) an Alaska Native-serving institution (as defined in section 317(b)); or (v) a Native Hawaiian-serving institution (as defined in section 317(b)); (B) a consortium of institutions described in subparagraph (A); or (C) an institution described in subparagraph (A), or a consortium described in subparagraph (B), in partnership with any other institution of higher education, but only if the center of excellence established under section 232 is located at an institution described in subparagraph (A). (2) Highly qualified
The term highly qualified has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (3) Scientifically based reading research
The term scientifically based reading research has the meaning given such term in section 1208 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6368 ). (4) Scientifically based research
The term scientifically based research has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). 232. Centers of excellence
(a) Program authorized
From the amounts appropriated to carry out this part, the Secretary is authorized to award competitive grants to eligible institutions to establish centers of excellence. (b) Use of funds
Grants provided by the Secretary under this part shall be used to ensure that current and future teachers are highly qualified, by carrying out one or more of the following activities: (1) Implementing reforms within teacher preparation programs to ensure that such programs are preparing teachers who are highly qualified, are able to understand scientifically based research, and are able to use advanced technology effectively in the classroom, including use for instructional techniques to improve student academic achievement, by— (A) retraining faculty; and (B) designing (or redesigning) teacher preparation programs that— (i) prepare teachers to close student achievement gaps, are based on rigorous academic content, scientifically based research (including scientifically based reading research), and challenging State student academic content standards; and (ii) promote strong teaching skills. (2) Providing sustained and high-quality preservice clinical experience, including the mentoring of prospective teachers by exemplary teachers, substantially increasing interaction between faculty at institutions of higher education and new and experienced teachers, principals, and other administrators at elementary schools or secondary schools, and providing support, including preparation time, for such interaction. (3) Developing and implementing initiatives to promote retention of highly qualified teachers and principals, including minority teachers and principals, including programs that provide— (A) teacher or principal mentoring from exemplary teachers or principals; or (B) induction and support for teachers and principals during their first 3 years of employment as teachers or principals, respectively. (4) Awarding scholarships based on financial need to help students pay the costs of tuition, room, board, and other expenses of completing a teacher preparation program. (5) Disseminating information on effective practices for teacher preparation and successful teacher certification and licensure assessment preparation strategies. (6) Activities authorized under sections 202, 203, and 204. (c) Application
Any eligible institution desiring a grant under this section shall submit an application to the Secretary at such a time, in such a manner, and accompanied by such information the Secretary may require. (d) Minimum grant amount
The minimum amount of each grant under this part shall be $500,000. (e) Limitation on administrative expenses
An eligible institution that receives a grant under this part may not use more than 2 percent of the grant funds for purposes of administering the grant. (f) Regulations
The Secretary shall prescribe such regulations as may be necessary to carry out this part. 233. Authorization of appropriations
There are authorized to be appropriated to carry out this part $10,000,000 for fiscal year 2004 and such sums as may be necessary for each of the 4 succeeding fiscal years.. 231. Purposes; definitions
(a) Purposes
The purposes of this part are— (1) to help recruit and prepare teachers, including minority teachers, to meet the national demand for a highly qualified teacher in every classroom; and (2) to increase opportunities for Americans of all educational, ethnic, class, and geographic backgrounds to become highly qualified teachers. (b) Definitions
As used in this part: (1) Eligible institution
The term eligible institution means— (A) an institution of higher education that has a teacher preparation program that meets the requirements of section 203(b)(2) and that is— (i) a part B institution (as defined in section 322); (ii) a Hispanic-serving institution (as defined in section 502); (iii) a Tribal College or University (as defined in section 316); (iv) an Alaska Native-serving institution (as defined in section 317(b)); or (v) a Native Hawaiian-serving institution (as defined in section 317(b)); (B) a consortium of institutions described in subparagraph (A); or (C) an institution described in subparagraph (A), or a consortium described in subparagraph (B), in partnership with any other institution of higher education, but only if the center of excellence established under section 232 is located at an institution described in subparagraph (A). (2) Highly qualified
The term highly qualified has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (3) Scientifically based reading research
The term scientifically based reading research has the meaning given such term in section 1208 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6368 ). (4) Scientifically based research
The term scientifically based research has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). 232. Centers of excellence
(a) Program authorized
From the amounts appropriated to carry out this part, the Secretary is authorized to award competitive grants to eligible institutions to establish centers of excellence. (b) Use of funds
Grants provided by the Secretary under this part shall be used to ensure that current and future teachers are highly qualified, by carrying out one or more of the following activities: (1) Implementing reforms within teacher preparation programs to ensure that such programs are preparing teachers who are highly qualified, are able to understand scientifically based research, and are able to use advanced technology effectively in the classroom, including use for instructional techniques to improve student academic achievement, by— (A) retraining faculty; and (B) designing (or redesigning) teacher preparation programs that— (i) prepare teachers to close student achievement gaps, are based on rigorous academic content, scientifically based research (including scientifically based reading research), and challenging State student academic content standards; and (ii) promote strong teaching skills. (2) Providing sustained and high-quality preservice clinical experience, including the mentoring of prospective teachers by exemplary teachers, substantially increasing interaction between faculty at institutions of higher education and new and experienced teachers, principals, and other administrators at elementary schools or secondary schools, and providing support, including preparation time, for such interaction. (3) Developing and implementing initiatives to promote retention of highly qualified teachers and principals, including minority teachers and principals, including programs that provide— (A) teacher or principal mentoring from exemplary teachers or principals; or (B) induction and support for teachers and principals during their first 3 years of employment as teachers or principals, respectively. (4) Awarding scholarships based on financial need to help students pay the costs of tuition, room, board, and other expenses of completing a teacher preparation program. (5) Disseminating information on effective practices for teacher preparation and successful teacher certification and licensure assessment preparation strategies. (6) Activities authorized under sections 202, 203, and 204. (c) Application
Any eligible institution desiring a grant under this section shall submit an application to the Secretary at such a time, in such a manner, and accompanied by such information the Secretary may require. (d) Minimum grant amount
The minimum amount of each grant under this part shall be $500,000. (e) Limitation on administrative expenses
An eligible institution that receives a grant under this part may not use more than 2 percent of the grant funds for purposes of administering the grant. (f) Regulations
The Secretary shall prescribe such regulations as may be necessary to carry out this part. 233. Authorization of appropriations
There are authorized to be appropriated to carry out this part $10,000,000 for fiscal year 2004 and such sums as may be necessary for each of the 4 succeeding fiscal years. 5. Transition
The Secretary of Education shall take such actions as the Secretary determines to be appropriate to provide for the orderly implementation of this Act. | 107,305 | [
"Education and the Workforce Committee"
] |
108hr4545ih | 108 | hr | 4,545 | ih | To amend the Clean Air Act to reduce the proliferation of boutique fuels, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the The Gasoline Price Reduction Act of 2004.",
"id": "H59B8F7DDB6504154B0D8E300AC6CF8DE",
"header": "Short title",
"nested": [],
"links": []
},
{
"text": "2. Waiver of fuel provisions in case of fuel supply disruption \nSection 211(c)(4)(C) of the Clean Air Act ( 42 U.S.C. 7545(c)(4)(C) ) is amended by adding the following at the end thereof: The Administrator may waive the provisions of any applicable implementation plan approved under this subparagraph with respect to a fuel or fuel additive if the Administrator, in consultation with the Secretary of Energy, determines that such waiver is necessary by reason of a significant fuel supply disruption in any area subject to such plan. Such waiver shall remain in effect in the area concerned for such period as the Administrator, in consultation with the Secretary of Energy, deems necessary by reason of such fuel supply disruption. No State or person shall be subject to an enforcement action, penalties, or liability solely arising from actions taken pursuant to the issuance of a waiver under this section..",
"id": "HB3D8A383A7714D819568EB7F1B627E1",
"header": "Waiver of fuel provisions in case of fuel supply disruption",
"nested": [],
"links": [
{
"text": "42 U.S.C. 7545(c)(4)(C)",
"legal-doc": "usc",
"parsable-cite": "usc/42/7545"
}
]
},
{
"text": "3. Cap and reduction of boutique fuels \n(a) EPA approval of State plans with boutique fuels \nSection 211(c)(4) of the Clean Air Act ( 42 U.S.C. 7545(c)(4) ) is amended by adding the following at the end thereof: (D) In the case of gasoline, after the enactment of this subparagraph, the Administrator may give a preference to the approval of State implementation plan provisions described in subparagraph (C) if the control or prohibition in such provisions requires the use of either of the following: (i) Reformulated gasoline as defined in subsection (k). (ii) Gasoline having a Reid Vapor Pressure of 7.0 or 7.8 pounds per square inch (psi) for the high ozone season (as determined by the Administrator). The Administrator shall have no authority, when considering State implementation plan revisions under subparagraph (C), to approve any fuel or fuel additive if the effect of such approval would be to increase the total number of fuels and fuel additives approved in all State implementation plans nationwide prior to June 1, 2004.. (b) Cross reference \nSection 211(c)(4)(C) of the Clean Air Act ( 42 U.S.C. 7545(c)(4)(C) ) is amended by adding the following at the end thereof: After the date of enactment of subparagraph (D) of this paragraph, any State implementation plan revision under this subparagraph involving gasoline shall be considered only pursuant to both this subparagraph and subparagraph (D).. (c) Study \nThe Administrator of the Environmental Protection Agency, in cooperation with the Secretary of Energy, shall undertake a study of the effects on air quality, on the number of fuel blends, on fuel availability, and on fuel costs of the State plan provisions adopted pursuant to section 211(c)(4)(D) of the Clean Air Act. In carrying out such study, the Administrator shall obtain comments from affected parties. The Administrator shall submit the results of such study to the Congress not later than 18 months after the enactment of this Act, together with any recommended legislative changes to the list of fuels in section 211(c)(4)(D), which, if expanded, shall not exceed 10 fuels.",
"id": "HCAA775D9E22143E1BAE347684B487986",
"header": "Cap and reduction of boutique fuels",
"nested": [
{
"text": "(a) EPA approval of State plans with boutique fuels \nSection 211(c)(4) of the Clean Air Act ( 42 U.S.C. 7545(c)(4) ) is amended by adding the following at the end thereof: (D) In the case of gasoline, after the enactment of this subparagraph, the Administrator may give a preference to the approval of State implementation plan provisions described in subparagraph (C) if the control or prohibition in such provisions requires the use of either of the following: (i) Reformulated gasoline as defined in subsection (k). (ii) Gasoline having a Reid Vapor Pressure of 7.0 or 7.8 pounds per square inch (psi) for the high ozone season (as determined by the Administrator). The Administrator shall have no authority, when considering State implementation plan revisions under subparagraph (C), to approve any fuel or fuel additive if the effect of such approval would be to increase the total number of fuels and fuel additives approved in all State implementation plans nationwide prior to June 1, 2004..",
"id": "HC1DF1818C1EB4C1682C35A0F93B25D3",
"header": "EPA approval of State plans with boutique fuels",
"nested": [],
"links": [
{
"text": "42 U.S.C. 7545(c)(4)",
"legal-doc": "usc",
"parsable-cite": "usc/42/7545"
}
]
},
{
"text": "(b) Cross reference \nSection 211(c)(4)(C) of the Clean Air Act ( 42 U.S.C. 7545(c)(4)(C) ) is amended by adding the following at the end thereof: After the date of enactment of subparagraph (D) of this paragraph, any State implementation plan revision under this subparagraph involving gasoline shall be considered only pursuant to both this subparagraph and subparagraph (D)..",
"id": "H03FF7BD5C0314A7880A4CEB8CA255886",
"header": "Cross reference",
"nested": [],
"links": [
{
"text": "42 U.S.C. 7545(c)(4)(C)",
"legal-doc": "usc",
"parsable-cite": "usc/42/7545"
}
]
},
{
"text": "(c) Study \nThe Administrator of the Environmental Protection Agency, in cooperation with the Secretary of Energy, shall undertake a study of the effects on air quality, on the number of fuel blends, on fuel availability, and on fuel costs of the State plan provisions adopted pursuant to section 211(c)(4)(D) of the Clean Air Act. In carrying out such study, the Administrator shall obtain comments from affected parties. The Administrator shall submit the results of such study to the Congress not later than 18 months after the enactment of this Act, together with any recommended legislative changes to the list of fuels in section 211(c)(4)(D), which, if expanded, shall not exceed 10 fuels.",
"id": "HD98DCB4C4E4C4C73811476D2FDB9D48D",
"header": "Study",
"nested": [],
"links": []
}
],
"links": [
{
"text": "42 U.S.C. 7545(c)(4)",
"legal-doc": "usc",
"parsable-cite": "usc/42/7545"
},
{
"text": "42 U.S.C. 7545(c)(4)(C)",
"legal-doc": "usc",
"parsable-cite": "usc/42/7545"
}
]
}
] | 3 | 1. Short title
This Act may be cited as the The Gasoline Price Reduction Act of 2004. 2. Waiver of fuel provisions in case of fuel supply disruption
Section 211(c)(4)(C) of the Clean Air Act ( 42 U.S.C. 7545(c)(4)(C) ) is amended by adding the following at the end thereof: The Administrator may waive the provisions of any applicable implementation plan approved under this subparagraph with respect to a fuel or fuel additive if the Administrator, in consultation with the Secretary of Energy, determines that such waiver is necessary by reason of a significant fuel supply disruption in any area subject to such plan. Such waiver shall remain in effect in the area concerned for such period as the Administrator, in consultation with the Secretary of Energy, deems necessary by reason of such fuel supply disruption. No State or person shall be subject to an enforcement action, penalties, or liability solely arising from actions taken pursuant to the issuance of a waiver under this section.. 3. Cap and reduction of boutique fuels
(a) EPA approval of State plans with boutique fuels
Section 211(c)(4) of the Clean Air Act ( 42 U.S.C. 7545(c)(4) ) is amended by adding the following at the end thereof: (D) In the case of gasoline, after the enactment of this subparagraph, the Administrator may give a preference to the approval of State implementation plan provisions described in subparagraph (C) if the control or prohibition in such provisions requires the use of either of the following: (i) Reformulated gasoline as defined in subsection (k). (ii) Gasoline having a Reid Vapor Pressure of 7.0 or 7.8 pounds per square inch (psi) for the high ozone season (as determined by the Administrator). The Administrator shall have no authority, when considering State implementation plan revisions under subparagraph (C), to approve any fuel or fuel additive if the effect of such approval would be to increase the total number of fuels and fuel additives approved in all State implementation plans nationwide prior to June 1, 2004.. (b) Cross reference
Section 211(c)(4)(C) of the Clean Air Act ( 42 U.S.C. 7545(c)(4)(C) ) is amended by adding the following at the end thereof: After the date of enactment of subparagraph (D) of this paragraph, any State implementation plan revision under this subparagraph involving gasoline shall be considered only pursuant to both this subparagraph and subparagraph (D).. (c) Study
The Administrator of the Environmental Protection Agency, in cooperation with the Secretary of Energy, shall undertake a study of the effects on air quality, on the number of fuel blends, on fuel availability, and on fuel costs of the State plan provisions adopted pursuant to section 211(c)(4)(D) of the Clean Air Act. In carrying out such study, the Administrator shall obtain comments from affected parties. The Administrator shall submit the results of such study to the Congress not later than 18 months after the enactment of this Act, together with any recommended legislative changes to the list of fuels in section 211(c)(4)(D), which, if expanded, shall not exceed 10 fuels. | 3,114 | [
"Energy and Commerce Committee"
] |
108hr4724ih | 108 | hr | 4,724 | ih | To amend title XVIII of the Social Security Act to provide for coverage of clinical pharmacist practitioner services under part B of the Medicare Program. | [
{
"text": "1. Short title \nThis Act may be cited as Medicare Clinical Pharmacist Practitioner Services Coverage Act of 2004.",
"id": "HD92ABDC894CA46A6B042795218C2FDEE",
"header": "Short title",
"nested": [],
"links": []
},
{
"text": "2. Medicare coverage of clinical pharmacist practitioner services \n(a) Coverage \nSection 1861(s)(2) of the Social Security Act ( 42 U.S.C. 1395x(s)(2) ) is amended— (1) by striking and at the end of subparagraph (U); (2) by adding and at the end of subparagraph (V); and (3) by inserting after subparagraph (V) the following new subparagraph: (W) clinical pharmacist practitioner services (as defined in subsection (ww)(1)); and. (b) Services described \nSection 1861 of such Act ( 42 U.S.C. 1395x ) is amended by adding at the end the following new subsection: (ww) Clinical pharmacist practitioner services; clinical pharmacist practitioner \n(1) The term clinical pharmacist practitioner services means such direct patient care services provided by a clinical pharmacist practitioner, and such services are furnished as an incident to the practitioner’s services, which the practitioner is legally authorized to perform under State law (or the State regulatory mechanism as provided by State law) in a collaborative practice agreement as would otherwise be covered if furnished by a physician, or as an incident to a physician’s professional service. (2) The term clinical pharmacist practitioner means as a pharmacist involved in the application of the scientific principles of pharmacology, toxicology, therapeutics, clinical pharmacokinetics, pharmacoeconomics, and other life sciences for the direct care of patients.. (c) Payment \n(1) In general \nSection 1833(a)(1) of such Act ( 42 U.S.C. 1395l(a)(1) ) is amended— (A) by striking and (U) and inserting (U) ; and (B) by striking the semicolon at the end and inserting the following: , and (V) with respect to clinical pharmacist practitioner services (as defined in section 1861(ww)), the amounts paid shall be 80 percent of the amounts provided for such services under section 1834(n);. (2) Establishment of fee schedules \nSection 1834 of such Act ( 42 U.S.C. 1395m ) is amended by adding at the end the following new subsection: (n) Fee schedules for clinical pharmacist practitioner services \n(1) Development \nThe Secretary shall develop and implement, for services furnished not later than January 1, 2007— (A) a relative value scale to serve as the basis for the payment of clinical pharmacist practitioner services (as defined in section 1861(ww)) under this part; and (B) using such scale and appropriate conversion factors, fee schedules (on a regional, statewide, locality, or carrier service area basis) for payment for clinical pharmacist practitioner services under this part. (2) Payments prior to implementation of fee schedules \nIn the case of clinical pharmacist practitioner services which are furnished before the implementation of fee schedules under paragraph (1)(B), the amount of payment made under this part shall be based on 85 percent of the fee schedule amount applicable under section 1848 if the service were furnished by a physician.. (3) Report to Congress \nNot later than September 30, 2006, the Secretary of Health and Human Services shall submit a report to Congress on the fee schedules (including relative value scale and appropriate conversion factors) developed pursuant to section 1834(n)(1) of the Social Security Act (as added by paragraph (2)) for clinical pharmacist practitioner services under part B of title XVIII of such Act. (d) Effective date \nThe amendments made by this section shall apply to services furnished on or after January 1, 2005.",
"id": "H6C5F7E15F8404640B4F2C7BC4C8DB46",
"header": "Medicare coverage of clinical pharmacist practitioner services",
"nested": [
{
"text": "(a) Coverage \nSection 1861(s)(2) of the Social Security Act ( 42 U.S.C. 1395x(s)(2) ) is amended— (1) by striking and at the end of subparagraph (U); (2) by adding and at the end of subparagraph (V); and (3) by inserting after subparagraph (V) the following new subparagraph: (W) clinical pharmacist practitioner services (as defined in subsection (ww)(1)); and.",
"id": "H29E6F45F69C44EDD9D15DBFA985690C6",
"header": "Coverage",
"nested": [],
"links": [
{
"text": "42 U.S.C. 1395x(s)(2)",
"legal-doc": "usc",
"parsable-cite": "usc/42/1395x"
}
]
},
{
"text": "(b) Services described \nSection 1861 of such Act ( 42 U.S.C. 1395x ) is amended by adding at the end the following new subsection: (ww) Clinical pharmacist practitioner services; clinical pharmacist practitioner \n(1) The term clinical pharmacist practitioner services means such direct patient care services provided by a clinical pharmacist practitioner, and such services are furnished as an incident to the practitioner’s services, which the practitioner is legally authorized to perform under State law (or the State regulatory mechanism as provided by State law) in a collaborative practice agreement as would otherwise be covered if furnished by a physician, or as an incident to a physician’s professional service. (2) The term clinical pharmacist practitioner means as a pharmacist involved in the application of the scientific principles of pharmacology, toxicology, therapeutics, clinical pharmacokinetics, pharmacoeconomics, and other life sciences for the direct care of patients..",
"id": "H25C21A0625B74E9980BC98DDEA9700A5",
"header": "Services described",
"nested": [],
"links": [
{
"text": "42 U.S.C. 1395x",
"legal-doc": "usc",
"parsable-cite": "usc/42/1395x"
}
]
},
{
"text": "(c) Payment \n(1) In general \nSection 1833(a)(1) of such Act ( 42 U.S.C. 1395l(a)(1) ) is amended— (A) by striking and (U) and inserting (U) ; and (B) by striking the semicolon at the end and inserting the following: , and (V) with respect to clinical pharmacist practitioner services (as defined in section 1861(ww)), the amounts paid shall be 80 percent of the amounts provided for such services under section 1834(n);. (2) Establishment of fee schedules \nSection 1834 of such Act ( 42 U.S.C. 1395m ) is amended by adding at the end the following new subsection: (n) Fee schedules for clinical pharmacist practitioner services \n(1) Development \nThe Secretary shall develop and implement, for services furnished not later than January 1, 2007— (A) a relative value scale to serve as the basis for the payment of clinical pharmacist practitioner services (as defined in section 1861(ww)) under this part; and (B) using such scale and appropriate conversion factors, fee schedules (on a regional, statewide, locality, or carrier service area basis) for payment for clinical pharmacist practitioner services under this part. (2) Payments prior to implementation of fee schedules \nIn the case of clinical pharmacist practitioner services which are furnished before the implementation of fee schedules under paragraph (1)(B), the amount of payment made under this part shall be based on 85 percent of the fee schedule amount applicable under section 1848 if the service were furnished by a physician.. (3) Report to Congress \nNot later than September 30, 2006, the Secretary of Health and Human Services shall submit a report to Congress on the fee schedules (including relative value scale and appropriate conversion factors) developed pursuant to section 1834(n)(1) of the Social Security Act (as added by paragraph (2)) for clinical pharmacist practitioner services under part B of title XVIII of such Act.",
"id": "H40FE400830404B5E8DF3B4EF7AC1DDB",
"header": "Payment",
"nested": [],
"links": [
{
"text": "42 U.S.C. 1395l(a)(1)",
"legal-doc": "usc",
"parsable-cite": "usc/42/1395l"
},
{
"text": "42 U.S.C. 1395m",
"legal-doc": "usc",
"parsable-cite": "usc/42/1395m"
}
]
},
{
"text": "(d) Effective date \nThe amendments made by this section shall apply to services furnished on or after January 1, 2005.",
"id": "HD724DE1D420C419BB2AE58C85C8D5E04",
"header": "Effective date",
"nested": [],
"links": []
}
],
"links": [
{
"text": "42 U.S.C. 1395x(s)(2)",
"legal-doc": "usc",
"parsable-cite": "usc/42/1395x"
},
{
"text": "42 U.S.C. 1395x",
"legal-doc": "usc",
"parsable-cite": "usc/42/1395x"
},
{
"text": "42 U.S.C. 1395l(a)(1)",
"legal-doc": "usc",
"parsable-cite": "usc/42/1395l"
},
{
"text": "42 U.S.C. 1395m",
"legal-doc": "usc",
"parsable-cite": "usc/42/1395m"
}
]
}
] | 2 | 1. Short title
This Act may be cited as Medicare Clinical Pharmacist Practitioner Services Coverage Act of 2004. 2. Medicare coverage of clinical pharmacist practitioner services
(a) Coverage
Section 1861(s)(2) of the Social Security Act ( 42 U.S.C. 1395x(s)(2) ) is amended— (1) by striking and at the end of subparagraph (U); (2) by adding and at the end of subparagraph (V); and (3) by inserting after subparagraph (V) the following new subparagraph: (W) clinical pharmacist practitioner services (as defined in subsection (ww)(1)); and. (b) Services described
Section 1861 of such Act ( 42 U.S.C. 1395x ) is amended by adding at the end the following new subsection: (ww) Clinical pharmacist practitioner services; clinical pharmacist practitioner
(1) The term clinical pharmacist practitioner services means such direct patient care services provided by a clinical pharmacist practitioner, and such services are furnished as an incident to the practitioner’s services, which the practitioner is legally authorized to perform under State law (or the State regulatory mechanism as provided by State law) in a collaborative practice agreement as would otherwise be covered if furnished by a physician, or as an incident to a physician’s professional service. (2) The term clinical pharmacist practitioner means as a pharmacist involved in the application of the scientific principles of pharmacology, toxicology, therapeutics, clinical pharmacokinetics, pharmacoeconomics, and other life sciences for the direct care of patients.. (c) Payment
(1) In general
Section 1833(a)(1) of such Act ( 42 U.S.C. 1395l(a)(1) ) is amended— (A) by striking and (U) and inserting (U) ; and (B) by striking the semicolon at the end and inserting the following: , and (V) with respect to clinical pharmacist practitioner services (as defined in section 1861(ww)), the amounts paid shall be 80 percent of the amounts provided for such services under section 1834(n);. (2) Establishment of fee schedules
Section 1834 of such Act ( 42 U.S.C. 1395m ) is amended by adding at the end the following new subsection: (n) Fee schedules for clinical pharmacist practitioner services
(1) Development
The Secretary shall develop and implement, for services furnished not later than January 1, 2007— (A) a relative value scale to serve as the basis for the payment of clinical pharmacist practitioner services (as defined in section 1861(ww)) under this part; and (B) using such scale and appropriate conversion factors, fee schedules (on a regional, statewide, locality, or carrier service area basis) for payment for clinical pharmacist practitioner services under this part. (2) Payments prior to implementation of fee schedules
In the case of clinical pharmacist practitioner services which are furnished before the implementation of fee schedules under paragraph (1)(B), the amount of payment made under this part shall be based on 85 percent of the fee schedule amount applicable under section 1848 if the service were furnished by a physician.. (3) Report to Congress
Not later than September 30, 2006, the Secretary of Health and Human Services shall submit a report to Congress on the fee schedules (including relative value scale and appropriate conversion factors) developed pursuant to section 1834(n)(1) of the Social Security Act (as added by paragraph (2)) for clinical pharmacist practitioner services under part B of title XVIII of such Act. (d) Effective date
The amendments made by this section shall apply to services furnished on or after January 1, 2005. | 3,561 | [
"Ways and Means Committee",
"Energy and Commerce Committee"
] |
108hr4207ih | 108 | hr | 4,207 | ih | To amend the Internal Revenue Code of 1986 to increase the refundability of the child tax credit. | [
{
"text": "1. Short title \nThis Act may be cited as the.",
"id": "H6AFA37219290435F843B0490E8AB69BA",
"header": "Short title",
"nested": [],
"links": []
},
{
"text": "2. Increase in refundability of the child tax credit \n(a) Acceleration of refundability \nClause (i) of section 24(d)(1)(B) of the Internal Revenue Code of 1986 (relating to portion of credit refundable) is amended by striking (10 percent in the case of taxable years beginning before January 1, 2005). (b) Earned income includes combat pay \nParagraph (1) of section 24(d) of such Code is amended by adding at the end the following new sentence: For purposes of subparagraph (B), any amount excluded from gross income by reason of section 112 shall be treated as earned income which is taken into account in computing taxable income for the taxable year.. (c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2003.",
"id": "H748F7D56427A4C989D5816A7E52D80E7",
"header": "Increase in refundability of the child tax credit",
"nested": [
{
"text": "(a) Acceleration of refundability \nClause (i) of section 24(d)(1)(B) of the Internal Revenue Code of 1986 (relating to portion of credit refundable) is amended by striking (10 percent in the case of taxable years beginning before January 1, 2005).",
"id": "HA574DDF773A94B0A98299B66505B9B00",
"header": "Acceleration of refundability",
"nested": [],
"links": [
{
"text": "section 24(d)(1)(B)",
"legal-doc": "usc",
"parsable-cite": "usc/26/24"
}
]
},
{
"text": "(b) Earned income includes combat pay \nParagraph (1) of section 24(d) of such Code is amended by adding at the end the following new sentence: For purposes of subparagraph (B), any amount excluded from gross income by reason of section 112 shall be treated as earned income which is taken into account in computing taxable income for the taxable year..",
"id": "H99D57D74D360420B9D0092A85B004EEE",
"header": "Earned income includes combat pay",
"nested": [],
"links": []
},
{
"text": "(c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2003.",
"id": "HF9E48118BB0045329FBFE90044E3941F",
"header": "Effective date",
"nested": [],
"links": []
}
],
"links": [
{
"text": "section 24(d)(1)(B)",
"legal-doc": "usc",
"parsable-cite": "usc/26/24"
}
]
},
{
"text": "3. Prevention 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 September 11, 2001. (2) Special rule \nThe amendment made by this section shall also apply to corporate expatriation transactions completed on or before September 11, 2001, but only with respect to taxable years of the acquiring corporation beginning after December 31, 2003.",
"id": "H6A03D605444A4F93A3C99947BEC38846",
"header": "Prevention 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": "H3588404B58364CB1B9503D543825513D",
"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 September 11, 2001. (2) Special rule \nThe amendment made by this section shall also apply to corporate expatriation transactions completed on or before September 11, 2001, but only with respect to taxable years of the acquiring corporation beginning after December 31, 2003.",
"id": "HEFE54B11D1664DFC997831300015BF91",
"header": "Effective dates",
"nested": [],
"links": []
}
],
"links": [
{
"text": "section 7701(a)",
"legal-doc": "usc",
"parsable-cite": "usc/26/7701"
}
]
}
] | 3 | 1. Short title
This Act may be cited as the. 2. Increase in refundability of the child tax credit
(a) Acceleration of refundability
Clause (i) of section 24(d)(1)(B) of the Internal Revenue Code of 1986 (relating to portion of credit refundable) is amended by striking (10 percent in the case of taxable years beginning before January 1, 2005). (b) Earned income includes combat pay
Paragraph (1) of section 24(d) of such Code is amended by adding at the end the following new sentence: For purposes of subparagraph (B), any amount excluded from gross income by reason of section 112 shall be treated as earned income which is taken into account in computing taxable income for the taxable year.. (c) Effective date
The amendments made by this section shall apply to taxable years beginning after December 31, 2003. 3. Prevention of corporate expatriation to avoid United States income tax
(a) In general
Paragraph (4) of section 7701(a) of the Internal Revenue Code of 1986 (defining domestic) is amended to read as follows: (4) Domestic
(A) In general
Except 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
(i) In general
The acquiring corporation in a corporate expatriation transaction shall be treated as a domestic corporation. (ii) Corporate expatriation transaction
For 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
Subclause (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
The 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
For 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
For purposes of this subparagraph— (I) Nominally foreign corporation
The term nominally foreign corporation means any corporation which would (but for this subparagraph) be treated as a foreign corporation. (II) Expanded affiliated group
The term expanded affiliated group means an affiliated group (as defined in section 1504(a) without regard to section 1504(b)). (III) Related foreign partnership
A 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
(1) In general
The amendment made by this section shall apply to corporate expatriation transactions completed after September 11, 2001. (2) Special rule
The amendment made by this section shall also apply to corporate expatriation transactions completed on or before September 11, 2001, but only with respect to taxable years of the acquiring corporation beginning after December 31, 2003. | 4,854 | [
"Ways and Means Committee"
] |
108hr3788ih | 108 | hr | 3,788 | ih | To amend title 46, United States Code, to modify requirements applicable to the National Maritime Transportation Security Plan with respect to ensuring that the flow of cargo through United States ports is reestablished after a transportation security incident, to require the Secretary of the department in which the Coast Guard is operating to develop and implement a secure long-range automated vessel tracking system, to aid maritime security, efficiency, and safety, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the or the.",
"id": "H0365CA628AD242E19811F3027D61E159",
"header": "Short title",
"nested": [],
"links": []
},
{
"text": "2. Ensuring that the flow of cargo through United States ports is reestablished after a transportation security incident \nSection 70103(a)(2)(J) of title 46, United States Code, is amended to read as follows: (J) A plan for ensuring that the flow of cargo through United States ports is reestablished as efficiently and quickly as possible after a transportation security incident or instance of attempted transport of any implement of terrorism through the port, that includes the following: (i) In the event of a transportation security incident or instance of attempted transport of any implement of terrorism through the port, the Secretary shall execute the plan under this subparagraph, with such modifications as are appropriate under the circumstances that exist. (ii) A comprehensive rerouting plan for vessels and maritime cargo developed by the Secretary of Homeland Security in consultation with representatives from the maritime, rail, and trucking industries. (iii) Provisions under which— (I) in the event of a transportation security incident or instance of attempted transport of any implement of terrorism through a port, the Captain of the Port may not close a port not directly involved unless the Captain of the Port determines that such closure is necessary to secure vessels or facilities from damage or injury to any harbor or waters of the United States; and (II) in making such determination, the Captain of the Port shall take into account the nature and extent of the threat to the safety or security of the port and the effect of such closure on maritime commerce..",
"id": "H2BC95A1664F540FEA687E9AC8D2162FD",
"header": "Ensuring that the flow of cargo through United States ports is reestablished after a transportation security incident",
"nested": [],
"links": [
{
"text": "Section 70103(a)(2)(J)",
"legal-doc": "usc",
"parsable-cite": "usc/46/70103"
}
]
},
{
"text": "3. Requirement to develop and implement a long-range automated vessel tracking system \n(a) Finding \nThe Congress finds that execution of a cargo rerouting plan under the amendment made by section 2 will be greatly aided by the long-range automated vessel tracking system described in section 70115 of title 46, United States Code, and the automatic identification system described in section 70114 of title 46, United States Code. (b) Requirement \nSection 70115 of title 46, United States Code, is amended— (1) by striking The Secretary may develop and inserting “(a) The Secretary shall develop”; and (2) by adding at the end the following: (b) The Secretary shall report to the Committee on Transportation and Infrastructure and the Select Committee on Homeland Security of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate, a plan to develop and implement a system capable of tracking vessels equipped with the Global Maritime Distress and Safety System or equivalent satellite technology no later than December 31, 2004. The plan should include a timeline for development and deployment, the costs associated with research and development, deployment, and operation and maintenance, the creation of a data monitoring system and center, use of information required under section 70113, and the agency responsible for the development, implementation, operation, and maintenance of such a system. (c) The Secretary may use the nonprofit Maritime Information Services of North America Automated Secure Vessel Tracking System as a pilot program for purposes of long-range vessel tracking. (d) The Secretary shall require that each Marine Exchange that manages or processes information with amounts made available under this section shall make available regional vessel information to the Federal, State, and local authorities or entities with maritime transportation and security roles. (e)(1) There are authorized to be appropriated to the Secretary to establish and operate a secure long-range automated vessel tracking system under this section the following amounts: (A) $12,000,000 for the first fiscal year for which amounts are appropriated under this section. (B) $10,000,000 for each fiscal year thereafter, including the following amounts: (i) $2,000,000 for each fiscal year for building the server farms, computers, hardware, and personnel needs adequate for a full-scale secure long-range automated vessel tracking system capable of tracking 8,000 vessels around the world, with information managed and processed by 12 Marine Exchanges located around the United States at the ports of New York/New Jersey, Philadelphia, Baltimore, Hampton Roads, Florida, New Orleans, Houston, Los Angeles/Long Beach, San Francisco, Portland, Oregon, Seattle, and Alaska, of which $150,000 each fiscal year shall be available for each Ma- rine Exchange. (ii) $1,000,000 for each fiscal year for 24-hour-a-day, 7-days-a-week operation of a central coordinating secure automated vessel tracking system command center, including T1 lines, staff, servers, phones, and a building. (iii) $3,500,000 for each fiscal year for satellite transmission fees to track 8,000 vessel positions every 3 hours, or at such more frequent rate as may be needed. (iv) $3,000,000 for each fiscal year for software and display fees to the Secure Asset Reporting Service, including for software, servers, modifications, and control of access to the system. (v) $500,000 for each fiscal year for software modifications, recapitalization of computers, servers, and other matters. (2) Amounts appropriated under this subsection shall be managed by the Chief Information Officer of the Department of Homeland Security at such time as the Coast Guard is operating in the Department of Homeland Security..",
"id": "HD1AC6D8FB189474AB710AB4D8E61429B",
"header": "Requirement to develop and implement a long-range automated vessel tracking system",
"nested": [
{
"text": "(a) Finding \nThe Congress finds that execution of a cargo rerouting plan under the amendment made by section 2 will be greatly aided by the long-range automated vessel tracking system described in section 70115 of title 46, United States Code, and the automatic identification system described in section 70114 of title 46, United States Code.",
"id": "HEB32704814BC4C1496DB88FF4B347689",
"header": "Finding",
"nested": [],
"links": [
{
"text": "section 70115",
"legal-doc": "usc",
"parsable-cite": "usc/46/70115"
},
{
"text": "section 70114",
"legal-doc": "usc",
"parsable-cite": "usc/46/70114"
}
]
},
{
"text": "(b) Requirement \nSection 70115 of title 46, United States Code, is amended— (1) by striking The Secretary may develop and inserting “(a) The Secretary shall develop”; and (2) by adding at the end the following: (b) The Secretary shall report to the Committee on Transportation and Infrastructure and the Select Committee on Homeland Security of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate, a plan to develop and implement a system capable of tracking vessels equipped with the Global Maritime Distress and Safety System or equivalent satellite technology no later than December 31, 2004. The plan should include a timeline for development and deployment, the costs associated with research and development, deployment, and operation and maintenance, the creation of a data monitoring system and center, use of information required under section 70113, and the agency responsible for the development, implementation, operation, and maintenance of such a system. (c) The Secretary may use the nonprofit Maritime Information Services of North America Automated Secure Vessel Tracking System as a pilot program for purposes of long-range vessel tracking. (d) The Secretary shall require that each Marine Exchange that manages or processes information with amounts made available under this section shall make available regional vessel information to the Federal, State, and local authorities or entities with maritime transportation and security roles. (e)(1) There are authorized to be appropriated to the Secretary to establish and operate a secure long-range automated vessel tracking system under this section the following amounts: (A) $12,000,000 for the first fiscal year for which amounts are appropriated under this section. (B) $10,000,000 for each fiscal year thereafter, including the following amounts: (i) $2,000,000 for each fiscal year for building the server farms, computers, hardware, and personnel needs adequate for a full-scale secure long-range automated vessel tracking system capable of tracking 8,000 vessels around the world, with information managed and processed by 12 Marine Exchanges located around the United States at the ports of New York/New Jersey, Philadelphia, Baltimore, Hampton Roads, Florida, New Orleans, Houston, Los Angeles/Long Beach, San Francisco, Portland, Oregon, Seattle, and Alaska, of which $150,000 each fiscal year shall be available for each Ma- rine Exchange. (ii) $1,000,000 for each fiscal year for 24-hour-a-day, 7-days-a-week operation of a central coordinating secure automated vessel tracking system command center, including T1 lines, staff, servers, phones, and a building. (iii) $3,500,000 for each fiscal year for satellite transmission fees to track 8,000 vessel positions every 3 hours, or at such more frequent rate as may be needed. (iv) $3,000,000 for each fiscal year for software and display fees to the Secure Asset Reporting Service, including for software, servers, modifications, and control of access to the system. (v) $500,000 for each fiscal year for software modifications, recapitalization of computers, servers, and other matters. (2) Amounts appropriated under this subsection shall be managed by the Chief Information Officer of the Department of Homeland Security at such time as the Coast Guard is operating in the Department of Homeland Security..",
"id": "H753949B0B64F427BA0E0018EBB7E2F65",
"header": "Requirement",
"nested": [],
"links": [
{
"text": "Section 70115",
"legal-doc": "usc",
"parsable-cite": "usc/46/70115"
}
]
}
],
"links": [
{
"text": "section 70115",
"legal-doc": "usc",
"parsable-cite": "usc/46/70115"
},
{
"text": "section 70114",
"legal-doc": "usc",
"parsable-cite": "usc/46/70114"
},
{
"text": "Section 70115",
"legal-doc": "usc",
"parsable-cite": "usc/46/70115"
}
]
}
] | 3 | 1. Short title
This Act may be cited as the or the. 2. Ensuring that the flow of cargo through United States ports is reestablished after a transportation security incident
Section 70103(a)(2)(J) of title 46, United States Code, is amended to read as follows: (J) A plan for ensuring that the flow of cargo through United States ports is reestablished as efficiently and quickly as possible after a transportation security incident or instance of attempted transport of any implement of terrorism through the port, that includes the following: (i) In the event of a transportation security incident or instance of attempted transport of any implement of terrorism through the port, the Secretary shall execute the plan under this subparagraph, with such modifications as are appropriate under the circumstances that exist. (ii) A comprehensive rerouting plan for vessels and maritime cargo developed by the Secretary of Homeland Security in consultation with representatives from the maritime, rail, and trucking industries. (iii) Provisions under which— (I) in the event of a transportation security incident or instance of attempted transport of any implement of terrorism through a port, the Captain of the Port may not close a port not directly involved unless the Captain of the Port determines that such closure is necessary to secure vessels or facilities from damage or injury to any harbor or waters of the United States; and (II) in making such determination, the Captain of the Port shall take into account the nature and extent of the threat to the safety or security of the port and the effect of such closure on maritime commerce.. 3. Requirement to develop and implement a long-range automated vessel tracking system
(a) Finding
The Congress finds that execution of a cargo rerouting plan under the amendment made by section 2 will be greatly aided by the long-range automated vessel tracking system described in section 70115 of title 46, United States Code, and the automatic identification system described in section 70114 of title 46, United States Code. (b) Requirement
Section 70115 of title 46, United States Code, is amended— (1) by striking The Secretary may develop and inserting “(a) The Secretary shall develop”; and (2) by adding at the end the following: (b) The Secretary shall report to the Committee on Transportation and Infrastructure and the Select Committee on Homeland Security of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate, a plan to develop and implement a system capable of tracking vessels equipped with the Global Maritime Distress and Safety System or equivalent satellite technology no later than December 31, 2004. The plan should include a timeline for development and deployment, the costs associated with research and development, deployment, and operation and maintenance, the creation of a data monitoring system and center, use of information required under section 70113, and the agency responsible for the development, implementation, operation, and maintenance of such a system. (c) The Secretary may use the nonprofit Maritime Information Services of North America Automated Secure Vessel Tracking System as a pilot program for purposes of long-range vessel tracking. (d) The Secretary shall require that each Marine Exchange that manages or processes information with amounts made available under this section shall make available regional vessel information to the Federal, State, and local authorities or entities with maritime transportation and security roles. (e)(1) There are authorized to be appropriated to the Secretary to establish and operate a secure long-range automated vessel tracking system under this section the following amounts: (A) $12,000,000 for the first fiscal year for which amounts are appropriated under this section. (B) $10,000,000 for each fiscal year thereafter, including the following amounts: (i) $2,000,000 for each fiscal year for building the server farms, computers, hardware, and personnel needs adequate for a full-scale secure long-range automated vessel tracking system capable of tracking 8,000 vessels around the world, with information managed and processed by 12 Marine Exchanges located around the United States at the ports of New York/New Jersey, Philadelphia, Baltimore, Hampton Roads, Florida, New Orleans, Houston, Los Angeles/Long Beach, San Francisco, Portland, Oregon, Seattle, and Alaska, of which $150,000 each fiscal year shall be available for each Ma- rine Exchange. (ii) $1,000,000 for each fiscal year for 24-hour-a-day, 7-days-a-week operation of a central coordinating secure automated vessel tracking system command center, including T1 lines, staff, servers, phones, and a building. (iii) $3,500,000 for each fiscal year for satellite transmission fees to track 8,000 vessel positions every 3 hours, or at such more frequent rate as may be needed. (iv) $3,000,000 for each fiscal year for software and display fees to the Secure Asset Reporting Service, including for software, servers, modifications, and control of access to the system. (v) $500,000 for each fiscal year for software modifications, recapitalization of computers, servers, and other matters. (2) Amounts appropriated under this subsection shall be managed by the Chief Information Officer of the Department of Homeland Security at such time as the Coast Guard is operating in the Department of Homeland Security.. | 5,470 | [
"Transportation and Infrastructure Committee"
] |
108hr3735ih | 108 | hr | 3,735 | ih | For the relief of Kadiatou Diallo, Laouratou Diallo, Ibrahima Diallo, Abdoul Diallo, Mamadou Bobo Diallo, Mamadou Pathe Diallo, Fatoumata Traore Diallo, Sankarela Diallo, and Marliatou Bah. | [
{
"text": "1. Permanent resident status for Kadiatou Diallo, Laouratou Diallo, Ibrahima Diallo, Abdoul Diallo, Mamadou Bobo Diallo, Mamadou Pathe Diallo, Fatoumata Traore Diallo, Sankarela Diallo, and Marliatou Bah \n(a) In general \nNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act , Kadiatou Diallo, Laouratou Diallo, Ibrahima Diallo, Abdoul Diallo, Mamadou Bobo Diallo, Mamadou Pathe Diallo, Fatoumata Traore Diallo, Sankarela Diallo, and Marliatou Bah 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 Kadiatou Diallo, Laouratou Diallo, Ibrahima Diallo, Abdoul Diallo, Mamadou Bobo Diallo, Mamadou Pathe Diallo, Fatoumata Traore Diallo, Sankarela Diallo, or Marliatou Bah 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 Kadiatou Diallo, Laouratou Diallo, Ibrahima Diallo, Abdoul Diallo, Mamadou Bobo Diallo, Mamadou Pathe Diallo, Fatoumata Traore Diallo, Sankarela Diallo, and Marliatou Bah, the Secretary of State shall instruct the proper officer to reduce by 9, 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": "H565349F5B0C3421A94DECC6B801F8BAB",
"header": "Permanent resident status for Kadiatou Diallo, Laouratou Diallo, Ibrahima Diallo, Abdoul Diallo, Mamadou Bobo Diallo, Mamadou Pathe Diallo, Fatoumata Traore Diallo, Sankarela Diallo, and Marliatou Bah",
"nested": [
{
"text": "(a) In general \nNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act , Kadiatou Diallo, Laouratou Diallo, Ibrahima Diallo, Abdoul Diallo, Mamadou Bobo Diallo, Mamadou Pathe Diallo, Fatoumata Traore Diallo, Sankarela Diallo, and Marliatou Bah 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": "H23DEF5C15C7A4C67953819712CB9BDA9",
"header": "In general",
"nested": [],
"links": []
},
{
"text": "(b) Adjustment of status \nIf Kadiatou Diallo, Laouratou Diallo, Ibrahima Diallo, Abdoul Diallo, Mamadou Bobo Diallo, Mamadou Pathe Diallo, Fatoumata Traore Diallo, Sankarela Diallo, or Marliatou Bah 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": "H1D4586F1585B4E6185F951302FDB726F",
"header": "Adjustment of status",
"nested": [],
"links": [
{
"text": "section 245",
"legal-doc": "act",
"parsable-cite": "INA/245"
}
]
},
{
"text": "(c) Deadline for application and payment of fees \nSubsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act.",
"id": "HAD1A6D111D9840168C0037EAC26EFEA",
"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 Kadiatou Diallo, Laouratou Diallo, Ibrahima Diallo, Abdoul Diallo, Mamadou Bobo Diallo, Mamadou Pathe Diallo, Fatoumata Traore Diallo, Sankarela Diallo, and Marliatou Bah, the Secretary of State shall instruct the proper officer to reduce by 9, 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": "HE790A4EF81FE4880BCBC21AEE3FED566",
"header": "Reduction of immigrant visa number",
"nested": [],
"links": []
}
],
"links": [
{
"text": "section 245",
"legal-doc": "act",
"parsable-cite": "INA/245"
}
]
}
] | 1 | 1. Permanent resident status for Kadiatou Diallo, Laouratou Diallo, Ibrahima Diallo, Abdoul Diallo, Mamadou Bobo Diallo, Mamadou Pathe Diallo, Fatoumata Traore Diallo, Sankarela Diallo, and Marliatou Bah
(a) In general
Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act , Kadiatou Diallo, Laouratou Diallo, Ibrahima Diallo, Abdoul Diallo, Mamadou Bobo Diallo, Mamadou Pathe Diallo, Fatoumata Traore Diallo, Sankarela Diallo, and Marliatou Bah 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
If Kadiatou Diallo, Laouratou Diallo, Ibrahima Diallo, Abdoul Diallo, Mamadou Bobo Diallo, Mamadou Pathe Diallo, Fatoumata Traore Diallo, Sankarela Diallo, or Marliatou Bah 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
Subsections (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
Upon the granting of an immigrant visa or permanent residence to Kadiatou Diallo, Laouratou Diallo, Ibrahima Diallo, Abdoul Diallo, Mamadou Bobo Diallo, Mamadou Pathe Diallo, Fatoumata Traore Diallo, Sankarela Diallo, and Marliatou Bah, the Secretary of State shall instruct the proper officer to reduce by 9, 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. | 2,310 | [
"Judiciary Committee"
] |
108hr4340ih | 108 | hr | 4,340 | ih | To require investigations by institutions of higher education of violent felonies occurring on campus. | [
{
"text": "1. Short title \nThis Act may be cited as the.",
"id": "HDBBBA9D895C043488DD2DEE1F38900AD",
"header": "Short title",
"nested": [],
"links": []
},
{
"text": "2. Investigations by institutions of higher education of violent felonies \nSection 485 of the Higher Education Act of 1965 ( 20 U.S.C. 1092 ) is amended— (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following new subsection: (g) Investigation of serious violent felonies \n(1) Plans for investigation of serious violent felonies \nEach institution of higher education shall, within one year after the date of enactment of the , adopt and implement a plan providing for the investigation of any serious violent felony occurring at or on the grounds of each such institution, and providing for the investigation of a report of any missing student. Such plans shall provide for the coordination of the investigation of such crimes and reports with local law enforcement agencies. Such plans shall include, but not be limited to, written agreements with appropriate local law enforcement agencies providing for the prompt investigation of such crimes and reports. (2) Definitions \nAs used in this subsection: (A) Local law enforcement agencies \nThe term local law enforcement agencies means any agency or agencies employing peace officers or police officers for the enforcement of the laws of a State, and which has or have jurisdiction under provisions of the criminal procedure law over offenses occurring at or on the grounds of any institution subject to the provisions of this subsection. (B) Missing student \nThe term missing student means any student of an institution subject to the provisions of this subsection who resides in a facility owned or operated by such institution and who is reported to such institution as missing from his or her residence. (C) Serious violent felony \nThe term serious violent felony means a serious violent felony as such term is defined by section 3559(c) of title 18, United States Code..",
"id": "H72B37445F07146D6009C2FC0CA006160",
"header": "Investigations by institutions of higher education of violent felonies",
"nested": [],
"links": [
{
"text": "20 U.S.C. 1092",
"legal-doc": "usc",
"parsable-cite": "usc/20/1092"
},
{
"text": "section 3559(c)",
"legal-doc": "usc",
"parsable-cite": "usc/18/3559"
}
]
}
] | 2 | 1. Short title
This Act may be cited as the. 2. Investigations by institutions of higher education of violent felonies
Section 485 of the Higher Education Act of 1965 ( 20 U.S.C. 1092 ) is amended— (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following new subsection: (g) Investigation of serious violent felonies
(1) Plans for investigation of serious violent felonies
Each institution of higher education shall, within one year after the date of enactment of the , adopt and implement a plan providing for the investigation of any serious violent felony occurring at or on the grounds of each such institution, and providing for the investigation of a report of any missing student. Such plans shall provide for the coordination of the investigation of such crimes and reports with local law enforcement agencies. Such plans shall include, but not be limited to, written agreements with appropriate local law enforcement agencies providing for the prompt investigation of such crimes and reports. (2) Definitions
As used in this subsection: (A) Local law enforcement agencies
The term local law enforcement agencies means any agency or agencies employing peace officers or police officers for the enforcement of the laws of a State, and which has or have jurisdiction under provisions of the criminal procedure law over offenses occurring at or on the grounds of any institution subject to the provisions of this subsection. (B) Missing student
The term missing student means any student of an institution subject to the provisions of this subsection who resides in a facility owned or operated by such institution and who is reported to such institution as missing from his or her residence. (C) Serious violent felony
The term serious violent felony means a serious violent felony as such term is defined by section 3559(c) of title 18, United States Code.. | 1,926 | [
"Education and the Workforce Committee"
] |
108hr4314ih | 108 | hr | 4,314 | ih | To ensure that the total amount of funds awarded to a State under part A of title I of the Elementary and Secondary Education Act of 1965 for fiscal year 2004 is not less than the total amount of funds awarded to the State under such part for fiscal year 2003. | [
{
"text": "1. Hold harmless \nNotwithstanding any other provision of law, the total amount of funds awarded to a State under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ) for fiscal year 2004 shall not be less than the total amount of funds awarded to the State under such part for fiscal year 2003.",
"id": "H0CBA62D7D64D4B1FA3CE0073A95CE88",
"header": "Hold harmless",
"nested": [],
"links": [
{
"text": "20 U.S.C. 6311 et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/20/6311"
}
]
}
] | 1 | 1. Hold harmless
Notwithstanding any other provision of law, the total amount of funds awarded to a State under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ) for fiscal year 2004 shall not be less than the total amount of funds awarded to the State under such part for fiscal year 2003. | 340 | [
"Education and the Workforce Committee"
] |
108hr5097ih | 108 | hr | 5,097 | ih | To amend the Federal Deposit Insurance Act to prevent conflicts of interest by establishing post-employment limitations on bank examiners-in-charge, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the Close the Bank Examiner Revolving Door Act.",
"id": "HD7F4A2DCBA87421AB337B333DDBA9193",
"header": "Short title",
"nested": [],
"links": []
},
{
"text": "2. Post-employment limitations on bank examiners-in-charge \nSection 10 of the Federal Deposit Insurance Act ( 12 U.S.C. 1821 ) is amended by adding at the end the following new subsection: (g) Post-employment limitations on bank examiners-in-charge \n(1) In general \nIn the case of any person who— (A) ceases to be an officer or employee of a Federal banking agency; and (B) at any time during the 3-year period ending on the date such person ceases to be an officer or employee of such agency, was the chief examiner of, or had supervisory authority over, any depository institution, such person may not hold any office, position, or employment (including a position which causes such person to be treated as an institution-affiliated party) at any such depository institution during the 1-year period beginning on such date. (2) Penalty for noncompliance \n(A) In general \nAny person who violates paragraph (1) shall forfeit such person’s retirement and other benefits under title 5, United States Code. (B) Notice \nIf the head of any Federal banking agency determines that a violation of paragraph (1) has occurred, the head of such agency shall notify the Director of the Office of Personnel Management of such violation..",
"id": "H7A40196F2ADC4707B32899C127032570",
"header": "Post-employment limitations on bank examiners-in-charge",
"nested": [],
"links": [
{
"text": "12 U.S.C. 1821",
"legal-doc": "usc",
"parsable-cite": "usc/12/1821"
}
]
}
] | 2 | 1. Short title
This Act may be cited as the Close the Bank Examiner Revolving Door Act. 2. Post-employment limitations on bank examiners-in-charge
Section 10 of the Federal Deposit Insurance Act ( 12 U.S.C. 1821 ) is amended by adding at the end the following new subsection: (g) Post-employment limitations on bank examiners-in-charge
(1) In general
In the case of any person who— (A) ceases to be an officer or employee of a Federal banking agency; and (B) at any time during the 3-year period ending on the date such person ceases to be an officer or employee of such agency, was the chief examiner of, or had supervisory authority over, any depository institution, such person may not hold any office, position, or employment (including a position which causes such person to be treated as an institution-affiliated party) at any such depository institution during the 1-year period beginning on such date. (2) Penalty for noncompliance
(A) In general
Any person who violates paragraph (1) shall forfeit such person’s retirement and other benefits under title 5, United States Code. (B) Notice
If the head of any Federal banking agency determines that a violation of paragraph (1) has occurred, the head of such agency shall notify the Director of the Office of Personnel Management of such violation.. | 1,313 | [
"Financial Services Committee"
] |
108hr5179ih | 108 | hr | 5,179 | ih | To amend title II of the Social Security Act and the Internal Revenue Code of 1986 to provide for modest adjustments necessary to restore the old-age, survivors, and disability insurance program to long-term actuarial balance. | [
{
"text": "1. Short title \nThis Act may be cited as the Social Security Solvency Act of 2004.",
"id": "H84B4BF711B494D8E9789F2E04E52B637",
"header": "Short title",
"nested": [],
"links": []
},
{
"text": "2. Adjustment to rate of increase in contribution and benefit base \nSection 230(b)(2) of the Social Security Act ( 42 U.S.C. 430(b)(2) ) is amended to read as follows: (2) the sum of— (A) the ratio (expressed as a percentage) of (i) the national average wage index (as defined in section 209(k)(1)) for the calendar year before the calendar year in which the determination under subsection (a) is made to (ii) the national average wage index (as so defined) for 1992, plus (B) for purposes of determining the contribution and benefit base effective with respect to remuneration paid during calendar years after 2005 and before 2037 and self-employment income derived in taxable years beginning with or during such calendar years, 2 percentage points,.",
"id": "H29A85FCC986049E9AD1F2996A5D0B3B7",
"header": "Adjustment to rate of increase in contribution and benefit base",
"nested": [],
"links": [
{
"text": "42 U.S.C. 430(b)(2)",
"legal-doc": "usc",
"parsable-cite": "usc/42/430"
}
]
},
{
"text": "3. Application of the chained consumer price index for all urban consumers in determining cost-of-living increases in benefits \n(a) In general \nSection 215(i)(1) of the Social Security Act ( 42 U.S.C. 425(i)(1) ) is amended— (1) in subparagraph (G), by striking the period and inserting ; and ; and (2) by adding at the end the following new subparagraph: (H) the term Consumer Price Index means the chained consumer price index for all urban consumers, published by the Bureau of Labor Statistics.. (b) Effective date \nThe amendments made by this section shall apply with respect to increases described in section 215(i)(2)(A) of the Social Security Act effective with the month of December of calendar years after 2005.",
"id": "H17682CABEDC04437ACF1DF35169BFC92",
"header": "Application of the chained consumer price index for all urban consumers in determining cost-of-living increases in benefits",
"nested": [
{
"text": "(a) In general \nSection 215(i)(1) of the Social Security Act ( 42 U.S.C. 425(i)(1) ) is amended— (1) in subparagraph (G), by striking the period and inserting ; and ; and (2) by adding at the end the following new subparagraph: (H) the term Consumer Price Index means the chained consumer price index for all urban consumers, published by the Bureau of Labor Statistics..",
"id": "H4F6029DDA5E840C58FC86E295EDB89D1",
"header": "In general",
"nested": [],
"links": [
{
"text": "42 U.S.C. 425(i)(1)",
"legal-doc": "usc",
"parsable-cite": "usc/42/425"
}
]
},
{
"text": "(b) Effective date \nThe amendments made by this section shall apply with respect to increases described in section 215(i)(2)(A) of the Social Security Act effective with the month of December of calendar years after 2005.",
"id": "H0D5D82DF4518435DBD0296BDF8DC4885",
"header": "Effective date",
"nested": [],
"links": []
}
],
"links": [
{
"text": "42 U.S.C. 425(i)(1)",
"legal-doc": "usc",
"parsable-cite": "usc/42/425"
}
]
},
{
"text": "4. Retention of estate tax; transfers to Social Security Trust Fund \n(a) Exclusion equivalent made permanent at 2009 amount \nThe item relating to 2009 in the table in section 2010(c) of the Internal Revenue Code of 1986 (relating to applicable credit amount) is amended by striking all that follows the applicable exclusion amount and inserting. For purposes of the preceding sentence, the applicable exclusion amount is $3,500,000.. (b) Conforming amendments \n(1) Subtitles A and E of title V of the Economic Growth and Tax Relief Reconciliation Act of 2001, and the amendments made by such subtitles, are hereby repealed; and the Internal Revenue Code of 1986 shall be applied as if such subtitles, and amendments, had never been enacted. (2) (A) Subsection (a) of section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 is amended by striking this Act and all that follows and inserting this Act (other than title V) shall not apply to taxable, plan, or limitation years beginning after December 31, 2010.. (B) Subsection (b) of such section 901 is amended by striking , estates, gifts, and transfers. (3) Subsections (d) and (e) of section 511 of the Economic Growth and Tax Relief Reconciliation Act of 2001, and the amendments made by such subsections, are hereby repealed; and the Internal Revenue Code of 1986 shall be applied as if such subsections, and amendments, had never been enacted. (c) Transfers to Trust Fund \n(1) In general \nThere are hereby appropriated to the Federal Old-Age and Survivors Insurance Trust Fund amounts equivalent to the taxes received in the Treasury under chapters 11 and 13 of the Internal Revenue Code of 1986 (relating to estate tax and tax on generation-skipping transfers, respectively). (2) Transfers \nThe amounts appropriated by paragraph (1) shall be transferred from time to time (but not less frequently than quarterly) from the general fund of the Treasury on the basis of estimates made by the Secretary of the Treasury of the amounts referred to in such paragraph. Any such quarterly payment shall be made on the first day of such quarter. Proper adjustments shall be made in the amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (3) Reports \nThe Secretary of the Treasury shall submit annual reports to the Congress and to the Commissioner of Social Security regarding— (A) the transfers made under this subsection during the year, and the methodology used in determining the amount of such transfers, and (B) the anticipated operation of this subsection during the next 5 years.",
"id": "HC9A4732BE55F4717844DC7D0D506B5E9",
"header": "Retention of estate tax; transfers to Social Security Trust Fund",
"nested": [
{
"text": "(a) Exclusion equivalent made permanent at 2009 amount \nThe item relating to 2009 in the table in section 2010(c) of the Internal Revenue Code of 1986 (relating to applicable credit amount) is amended by striking all that follows the applicable exclusion amount and inserting. For purposes of the preceding sentence, the applicable exclusion amount is $3,500,000..",
"id": "HD189AD0AD04A481592F9141831B371AA",
"header": "Exclusion equivalent made permanent at 2009 amount",
"nested": [],
"links": [
{
"text": "section 2010(c)",
"legal-doc": "usc",
"parsable-cite": "usc/26/2010"
}
]
},
{
"text": "(b) Conforming amendments \n(1) Subtitles A and E of title V of the Economic Growth and Tax Relief Reconciliation Act of 2001, and the amendments made by such subtitles, are hereby repealed; and the Internal Revenue Code of 1986 shall be applied as if such subtitles, and amendments, had never been enacted. (2) (A) Subsection (a) of section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 is amended by striking this Act and all that follows and inserting this Act (other than title V) shall not apply to taxable, plan, or limitation years beginning after December 31, 2010.. (B) Subsection (b) of such section 901 is amended by striking , estates, gifts, and transfers. (3) Subsections (d) and (e) of section 511 of the Economic Growth and Tax Relief Reconciliation Act of 2001, and the amendments made by such subsections, are hereby repealed; and the Internal Revenue Code of 1986 shall be applied as if such subsections, and amendments, had never been enacted.",
"id": "HD3541D405CA84429AC19DB616995D8F",
"header": "Conforming amendments",
"nested": [],
"links": []
},
{
"text": "(c) Transfers to Trust Fund \n(1) In general \nThere are hereby appropriated to the Federal Old-Age and Survivors Insurance Trust Fund amounts equivalent to the taxes received in the Treasury under chapters 11 and 13 of the Internal Revenue Code of 1986 (relating to estate tax and tax on generation-skipping transfers, respectively). (2) Transfers \nThe amounts appropriated by paragraph (1) shall be transferred from time to time (but not less frequently than quarterly) from the general fund of the Treasury on the basis of estimates made by the Secretary of the Treasury of the amounts referred to in such paragraph. Any such quarterly payment shall be made on the first day of such quarter. Proper adjustments shall be made in the amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (3) Reports \nThe Secretary of the Treasury shall submit annual reports to the Congress and to the Commissioner of Social Security regarding— (A) the transfers made under this subsection during the year, and the methodology used in determining the amount of such transfers, and (B) the anticipated operation of this subsection during the next 5 years.",
"id": "HB5C4EDC0C6504211B0940356E9741519",
"header": "Transfers to Trust Fund",
"nested": [],
"links": []
}
],
"links": [
{
"text": "section 2010(c)",
"legal-doc": "usc",
"parsable-cite": "usc/26/2010"
}
]
},
{
"text": "5. Future adjustment of employment tax rates to keep social security trust funds in balance \n(a) Statement of projected insolvency in annual report of Board of Trustees \nSection 201(c) of the Social Security Act ( 42 U.S.C. 401(c) ) is amended, in the second sentence following clause (5), by striking Trustees). and inserting Trustees), the Board’s best estimate of the date as of which, using intermediate assumptions, the Trust Funds will, with no change in rates of tax under chapters 2 and 21 of the Internal Revenue Code of 1986, first have assets insufficient to pay scheduled benefits in full on a timely basis, and, if such date is within 2 years after the date of the filing of the report, the minimum increase necessary in such rates of tax (using such assumptions and assuming pro rata adjustments in the taxes applicable under sections 1401(a), 3101(a), and 3111(a) of such Code) necessary to take effect (effective for the calendar year and applicable taxable years in which such date occurs) to preclude such an insufficiency (rounded, if not a multiple of 0.01 percent, to the next higher multiple of 0.01 percent).. (b) Employee contribution \nSubsection (a) of section 3101 of the Internal Revenue Code of 1986 (relating to rate of tax for old-age, survivors, and disability insurance) is amended by adding at the end the following flush sentence: In the case of the year in which occurs the date determined under section 201(c) of the Social Security Act to be the date as of which the Trust Funds will first have assets insufficient to pay scheduled benefits in full on a timely basis, the rate in effect under the preceding sentence for such year and each year thereafter (without regard for this sentence) shall be increased to the extent determined under section 201(c) of such Act to be necessary to preclude such an insufficiency. Such increase shall be prescribed by the Secretary.. (c) Employer contribution \nSubsection (a) of section 3111 of such Code (relating to rate of tax for old-age, survivors, and disability insurance) is amended by adding at the end the following flush sentence: In the case of the year in which occurs the date determined under section 201(c) of the Social Security Act to be the date as of which the Trust Funds will first have assets insufficient to pay scheduled benefits in full on a timely basis, the rate in effect under the preceding sentence for such year and each year thereafter (without regard for this sentence) shall be increased to the extent determined under section 201(c) of such Act to be necessary to preclude such an insufficiency. Such increase shall be prescribed by the Secretary.. (d) Self-Employment contribution \nSubsection (a) of section 1401 of such Code (relating to rate of tax for old-age, survivors, and disability insurance) is amended by adding at the end the following flush sentence: In the case of the year in which occurs the date determined under section 201(c) of the Social Security Act to be the date as of which the Trust Funds will first have assets insufficient to pay scheduled benefits in full on a timely basis, the rate in effect under the preceding sentence for such year and each year thereafter (without regard for this sentence) shall be increased to the extent determined under section 201(c) of such Act to be necessary to preclude such an insufficiency. Such increase shall be prescribed by the Secretary..",
"id": "H90E31F6F5A3240D08343969DE56FF27",
"header": "Future adjustment of employment tax rates to keep social security trust funds in balance",
"nested": [
{
"text": "(a) Statement of projected insolvency in annual report of Board of Trustees \nSection 201(c) of the Social Security Act ( 42 U.S.C. 401(c) ) is amended, in the second sentence following clause (5), by striking Trustees). and inserting Trustees), the Board’s best estimate of the date as of which, using intermediate assumptions, the Trust Funds will, with no change in rates of tax under chapters 2 and 21 of the Internal Revenue Code of 1986, first have assets insufficient to pay scheduled benefits in full on a timely basis, and, if such date is within 2 years after the date of the filing of the report, the minimum increase necessary in such rates of tax (using such assumptions and assuming pro rata adjustments in the taxes applicable under sections 1401(a), 3101(a), and 3111(a) of such Code) necessary to take effect (effective for the calendar year and applicable taxable years in which such date occurs) to preclude such an insufficiency (rounded, if not a multiple of 0.01 percent, to the next higher multiple of 0.01 percent)..",
"id": "H9088FDDFEE9A474B9BA99BCBDDC07801",
"header": "Statement of projected insolvency in annual report of Board of Trustees",
"nested": [],
"links": [
{
"text": "42 U.S.C. 401(c)",
"legal-doc": "usc",
"parsable-cite": "usc/42/401"
}
]
},
{
"text": "(b) Employee contribution \nSubsection (a) of section 3101 of the Internal Revenue Code of 1986 (relating to rate of tax for old-age, survivors, and disability insurance) is amended by adding at the end the following flush sentence: In the case of the year in which occurs the date determined under section 201(c) of the Social Security Act to be the date as of which the Trust Funds will first have assets insufficient to pay scheduled benefits in full on a timely basis, the rate in effect under the preceding sentence for such year and each year thereafter (without regard for this sentence) shall be increased to the extent determined under section 201(c) of such Act to be necessary to preclude such an insufficiency. Such increase shall be prescribed by the Secretary..",
"id": "H141DAB8FFBF44691A27378B50190A4AE",
"header": "Employee contribution",
"nested": [],
"links": [
{
"text": "section 3101",
"legal-doc": "usc",
"parsable-cite": "usc/26/3101"
}
]
},
{
"text": "(c) Employer contribution \nSubsection (a) of section 3111 of such Code (relating to rate of tax for old-age, survivors, and disability insurance) is amended by adding at the end the following flush sentence: In the case of the year in which occurs the date determined under section 201(c) of the Social Security Act to be the date as of which the Trust Funds will first have assets insufficient to pay scheduled benefits in full on a timely basis, the rate in effect under the preceding sentence for such year and each year thereafter (without regard for this sentence) shall be increased to the extent determined under section 201(c) of such Act to be necessary to preclude such an insufficiency. Such increase shall be prescribed by the Secretary..",
"id": "HAB8C6B82BB7545A0AA6CFA65A2421BB1",
"header": "Employer contribution",
"nested": [],
"links": []
},
{
"text": "(d) Self-Employment contribution \nSubsection (a) of section 1401 of such Code (relating to rate of tax for old-age, survivors, and disability insurance) is amended by adding at the end the following flush sentence: In the case of the year in which occurs the date determined under section 201(c) of the Social Security Act to be the date as of which the Trust Funds will first have assets insufficient to pay scheduled benefits in full on a timely basis, the rate in effect under the preceding sentence for such year and each year thereafter (without regard for this sentence) shall be increased to the extent determined under section 201(c) of such Act to be necessary to preclude such an insufficiency. Such increase shall be prescribed by the Secretary..",
"id": "H6F4FE69F1E5E450EB0C3AB2FA1468FF5",
"header": "Self-Employment contribution",
"nested": [],
"links": []
}
],
"links": [
{
"text": "42 U.S.C. 401(c)",
"legal-doc": "usc",
"parsable-cite": "usc/42/401"
},
{
"text": "section 3101",
"legal-doc": "usc",
"parsable-cite": "usc/26/3101"
}
]
}
] | 5 | 1. Short title
This Act may be cited as the Social Security Solvency Act of 2004. 2. Adjustment to rate of increase in contribution and benefit base
Section 230(b)(2) of the Social Security Act ( 42 U.S.C. 430(b)(2) ) is amended to read as follows: (2) the sum of— (A) the ratio (expressed as a percentage) of (i) the national average wage index (as defined in section 209(k)(1)) for the calendar year before the calendar year in which the determination under subsection (a) is made to (ii) the national average wage index (as so defined) for 1992, plus (B) for purposes of determining the contribution and benefit base effective with respect to remuneration paid during calendar years after 2005 and before 2037 and self-employment income derived in taxable years beginning with or during such calendar years, 2 percentage points,. 3. Application of the chained consumer price index for all urban consumers in determining cost-of-living increases in benefits
(a) In general
Section 215(i)(1) of the Social Security Act ( 42 U.S.C. 425(i)(1) ) is amended— (1) in subparagraph (G), by striking the period and inserting ; and ; and (2) by adding at the end the following new subparagraph: (H) the term Consumer Price Index means the chained consumer price index for all urban consumers, published by the Bureau of Labor Statistics.. (b) Effective date
The amendments made by this section shall apply with respect to increases described in section 215(i)(2)(A) of the Social Security Act effective with the month of December of calendar years after 2005. 4. Retention of estate tax; transfers to Social Security Trust Fund
(a) Exclusion equivalent made permanent at 2009 amount
The item relating to 2009 in the table in section 2010(c) of the Internal Revenue Code of 1986 (relating to applicable credit amount) is amended by striking all that follows the applicable exclusion amount and inserting. For purposes of the preceding sentence, the applicable exclusion amount is $3,500,000.. (b) Conforming amendments
(1) Subtitles A and E of title V of the Economic Growth and Tax Relief Reconciliation Act of 2001, and the amendments made by such subtitles, are hereby repealed; and the Internal Revenue Code of 1986 shall be applied as if such subtitles, and amendments, had never been enacted. (2) (A) Subsection (a) of section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 is amended by striking this Act and all that follows and inserting this Act (other than title V) shall not apply to taxable, plan, or limitation years beginning after December 31, 2010.. (B) Subsection (b) of such section 901 is amended by striking , estates, gifts, and transfers. (3) Subsections (d) and (e) of section 511 of the Economic Growth and Tax Relief Reconciliation Act of 2001, and the amendments made by such subsections, are hereby repealed; and the Internal Revenue Code of 1986 shall be applied as if such subsections, and amendments, had never been enacted. (c) Transfers to Trust Fund
(1) In general
There are hereby appropriated to the Federal Old-Age and Survivors Insurance Trust Fund amounts equivalent to the taxes received in the Treasury under chapters 11 and 13 of the Internal Revenue Code of 1986 (relating to estate tax and tax on generation-skipping transfers, respectively). (2) Transfers
The amounts appropriated by paragraph (1) shall be transferred from time to time (but not less frequently than quarterly) from the general fund of the Treasury on the basis of estimates made by the Secretary of the Treasury of the amounts referred to in such paragraph. Any such quarterly payment shall be made on the first day of such quarter. Proper adjustments shall be made in the amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (3) Reports
The Secretary of the Treasury shall submit annual reports to the Congress and to the Commissioner of Social Security regarding— (A) the transfers made under this subsection during the year, and the methodology used in determining the amount of such transfers, and (B) the anticipated operation of this subsection during the next 5 years. 5. Future adjustment of employment tax rates to keep social security trust funds in balance
(a) Statement of projected insolvency in annual report of Board of Trustees
Section 201(c) of the Social Security Act ( 42 U.S.C. 401(c) ) is amended, in the second sentence following clause (5), by striking Trustees). and inserting Trustees), the Board’s best estimate of the date as of which, using intermediate assumptions, the Trust Funds will, with no change in rates of tax under chapters 2 and 21 of the Internal Revenue Code of 1986, first have assets insufficient to pay scheduled benefits in full on a timely basis, and, if such date is within 2 years after the date of the filing of the report, the minimum increase necessary in such rates of tax (using such assumptions and assuming pro rata adjustments in the taxes applicable under sections 1401(a), 3101(a), and 3111(a) of such Code) necessary to take effect (effective for the calendar year and applicable taxable years in which such date occurs) to preclude such an insufficiency (rounded, if not a multiple of 0.01 percent, to the next higher multiple of 0.01 percent).. (b) Employee contribution
Subsection (a) of section 3101 of the Internal Revenue Code of 1986 (relating to rate of tax for old-age, survivors, and disability insurance) is amended by adding at the end the following flush sentence: In the case of the year in which occurs the date determined under section 201(c) of the Social Security Act to be the date as of which the Trust Funds will first have assets insufficient to pay scheduled benefits in full on a timely basis, the rate in effect under the preceding sentence for such year and each year thereafter (without regard for this sentence) shall be increased to the extent determined under section 201(c) of such Act to be necessary to preclude such an insufficiency. Such increase shall be prescribed by the Secretary.. (c) Employer contribution
Subsection (a) of section 3111 of such Code (relating to rate of tax for old-age, survivors, and disability insurance) is amended by adding at the end the following flush sentence: In the case of the year in which occurs the date determined under section 201(c) of the Social Security Act to be the date as of which the Trust Funds will first have assets insufficient to pay scheduled benefits in full on a timely basis, the rate in effect under the preceding sentence for such year and each year thereafter (without regard for this sentence) shall be increased to the extent determined under section 201(c) of such Act to be necessary to preclude such an insufficiency. Such increase shall be prescribed by the Secretary.. (d) Self-Employment contribution
Subsection (a) of section 1401 of such Code (relating to rate of tax for old-age, survivors, and disability insurance) is amended by adding at the end the following flush sentence: In the case of the year in which occurs the date determined under section 201(c) of the Social Security Act to be the date as of which the Trust Funds will first have assets insufficient to pay scheduled benefits in full on a timely basis, the rate in effect under the preceding sentence for such year and each year thereafter (without regard for this sentence) shall be increased to the extent determined under section 201(c) of such Act to be necessary to preclude such an insufficiency. Such increase shall be prescribed by the Secretary.. | 7,611 | [
"Ways and Means Committee"
] |
108hr4117ih | 108 | hr | 4,117 | ih | To provide assistance and security for women and children in Afghanistan, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the.",
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"text": "2. Findings \nCongress makes the following findings: (1) The Taliban regime denied women in Afghanistan the most basic human rights, including the rights to work, to an education, to health care, and to move freely. (2) The Taliban regime subjected any women who attempted to exercise her human rights to beatings and imprisonment and women in Afghanistan who lived under the Taliban regime suffer from long-term consequences of such oppression. (3) According to the Afghan Ministry of Women’s Affairs, as a result of 23 years of war and the restrictions imposed by the Taliban after the war ended, most women in Afghanistan do not have adequate food, access to health care, or opportunities for education, employment, or economic livelihood, and such women have experienced violence to themselves or their families. (4) Women in Afghanistan have one of the highest mortality rates in the world, with an estimated 16,000 maternal deaths annually. (5) The strengthening of institutions and non-governmental organizations that are led by women in Afghanistan is essential to building civil society and holding the Government of Afghanistan accountable for protecting women’s rights and human rights. (6) It is necessary for significant numbers of women to hold positions within the Government of Afghanistan, including in the cabinet, the Loya Jirga, government commissions, and other key posts, and to hold official positions within United Nations agencies working in Afghanistan to foster democracy and protect the rights of women in Afghanistan. (7) Despite the collapse of the Taliban regime in Afghanistan in 2001, warlords and the Taliban are reorganizing and reemerging in Afghanistan, imperiling the stability of the central government, the security of the people, and the exercise of human rights by women. (8) The United Nations Secretary-General’s Special Representative to Afghanistan said that the deteriorating security situation in Afghanistan may force a delay in elections in Afghanistan and that expansion of international peacekeeping forces is necessary to make fair, democratic voter registration and elections possible. (9) In January 2004, the Government of Afghanistan adopted a new constitution that includes basic rights for women, but enforcement of the provisions of the constitution will be difficult unless security in Afghanistan is dramatically improved. (10) Despite the fact that violations of human rights and women’s rights continue with impunity in Afghanistan, Provincial Reconstruction Teams composed of United States military forces, Department of Defense civil affairs officers, representatives of United States agencies and allied personnel do not have the authority needed to intervene to stop such violations.",
"id": "H458B5F5108DD42FC97185946DDDB6D6B",
"header": "Findings",
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"text": "3. Sense of Congress \nIt is the sense of Congress that— (1) the protection of the rights of women, the reestablishment of democracy, and the elimination of terrorism are essential to the reconstruction of a stable Afghanistan and to achieve such a reconstruction the international community should commit substantial resources, including the expansion of international peacekeeping forces inside and outside of the city of Kabul; (2) the United States should provide strong support for the Afghan Ministry of Women’s Affairs and the Afghan Independent Human Rights Commission, both of which were created by the Bonn Agreement to remedy past violations of women’s rights and human rights and to establish institutions and programs to advance such rights; (3) the mandate of international peacekeeping forces and Provincial Reconstruction Teams composed of United States military forces, Department of Defense civil affairs officers, representatives of United States agencies and allied personnel should be authorized to intervene to stop violations of human rights and women’s rights; (4) United States foreign policy should ensure that the rights of women and girls are restored in Afghanistan, assist in the recovery of women and girls from the repression of the Taliban and 23 years of war, and strengthen Afghan institutions that are led by women; and (5) grants and assistance provided to Afghanistan should be conditioned upon the Government of Afghanistan adhering to international standards for women’s rights and human rights.",
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"header": "Sense of Congress",
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"text": "4. Authorization for assistance \n(a) Authority \nThe President is authorized to provide assistance for women and children in Afghanistan. (b) Provision of assistance \nAssistance under this section may be provided directly to the Afghan Ministry of Women’s Affairs, other Afghan Government ministries, the Afghan Independent Human Rights Commission, local and international nonprofit organizations, and United Nations agencies. (c) Categories of assistance \nThe assistance under this section may be provided as grants, technical assistance, training, or in any other form that the President determines is appropriate. (d) Purposes \nAssistance under this section may be used for the following purposes: (1) Political and human rights \nAssistance under this section is authorized to be used to promote women’s rights and human rights in Afghanistan, including women’s political participation and legal rights, including for the following purposes: (A) To provide assistance to the Afghan Ministry of Women’s Affairs, other ministries of the Government of Afghanistan, and the Afghan Independent Human Rights Commission for programs to advance the status of women. (B) To disseminate information throughout Afghanistan on the rights of women and on international standards for human rights. (C) To provide information and assistance to enable women to exercise property, inheritance, and voting rights, and to participate in relief programs. (D) To provide, monitor, and investigate violations of women’s rights and to provide legal assistance to women who have suffered violations of their rights. (E) To provide training related to women’s rights and human rights to military, police, and legal personnel. (F) To build the infrastructure of the Afghan Independent Human Rights Commission through the construction of provincial and district offices. (G) To enforce the provisions of the Afghan constitution that ensure equal rights for women. (H) To operate programs to encourage and facilitate the registration of women voters. (2) Health care \nAssistance under this section is authorized to be used to provide health care for the people of Afghanistan, including for the following purposes: (A) To provide equipment, medical supplies, and other assistance to health care facilities for the purpose of reducing maternal and infant mortality and morbidity. (B) To train nurses, midwives, and traditional birth attendants for the purposes of improving staffing at clinics and hospitals, and expanding networks of community health educators. (C) To promote awareness about the health and nutrition of women, and programs related to hygiene, sanitation, and immunization. (D) To develop, establish, and expand programs to provide services to women and girls suffering from post-traumatic stress, depression, and mental illness. (E) To provide mobile health units that include reproductive health programs and that are accessible to women and girls who have been disabled due to landmines or war-related injuries, including such women and girls who are in wheelchairs. (3) Education and training \nAssistance under this section is authorized to be used to provide education and training to the people of Afghanistan, including for the following purposes: (A) To establish, maintain, and expand primary and secondary schools for girls that include mathematics, science, and languages in their primary curriculum. (B) To develop and expand technical and vocational training programs for women to enable women who participate in such programs to provide support for themselves and their families. (C) To develop, maintain, and expand literacy programs, including economic literacy programs that promote the well-being of women and their families. (D) To provide special educational opportunities for girls whose schooling was ended by the Taliban and who now face obstacles to participating in the normal education system, such as girls who are now married and girls who are older than the normal age for their classes. (4) Security, protection, and shelter \nAssistance under this section is authorized to be used to provide security, protection, and shelter for the people of Afghanistan, including for the following purposes: (A) To develop and implement programs to protect women and girls against sexual and physical abuse, abduction, trafficking, exploitation, and sex discrimination in the delivery of humanitarian supplies and services. (B) To direct humanitarian assistance to the large population of widows and their children who are in need in war-torn Afghanistan. (C) To provide emergency shelters, food, sanitation, health care, and other relief services to internally displaced women and their families. (D) To support the return of refugees and internally displaced persons, the majority of whom are women and children, to their home areas. (E) To provide security measures, such as building improvements and staffing, for the purpose of preventing violent attacks to schools that educate girls and to repair or replace equipment and facilities of a school that is subject to such an attack. (F) To improve security for women in the Loya Jirga and for women who exercise their right to register to vote and to participate in elections. (G) To provide security for women’s centers for the purpose of enabling women to participate in meetings, discussions, and programs regarding the constitution, elections, and women’s rights.",
"id": "HE3F50401B1CC49CC9D439F821F50D8BD",
"header": "Authorization for assistance",
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"text": "(a) Authority \nThe President is authorized to provide assistance for women and children in Afghanistan.",
"id": "H4FD9C98C990F4F15997228137F6977D0",
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"text": "(b) Provision of assistance \nAssistance under this section may be provided directly to the Afghan Ministry of Women’s Affairs, other Afghan Government ministries, the Afghan Independent Human Rights Commission, local and international nonprofit organizations, and United Nations agencies.",
"id": "HA8FF6212FDC14E518E902798C5929B44",
"header": "Provision of assistance",
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"text": "(c) Categories of assistance \nThe assistance under this section may be provided as grants, technical assistance, training, or in any other form that the President determines is appropriate.",
"id": "H0858595425FD4EC0A843C900212B399C",
"header": "Categories of assistance",
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"text": "(d) Purposes \nAssistance under this section may be used for the following purposes: (1) Political and human rights \nAssistance under this section is authorized to be used to promote women’s rights and human rights in Afghanistan, including women’s political participation and legal rights, including for the following purposes: (A) To provide assistance to the Afghan Ministry of Women’s Affairs, other ministries of the Government of Afghanistan, and the Afghan Independent Human Rights Commission for programs to advance the status of women. (B) To disseminate information throughout Afghanistan on the rights of women and on international standards for human rights. (C) To provide information and assistance to enable women to exercise property, inheritance, and voting rights, and to participate in relief programs. (D) To provide, monitor, and investigate violations of women’s rights and to provide legal assistance to women who have suffered violations of their rights. (E) To provide training related to women’s rights and human rights to military, police, and legal personnel. (F) To build the infrastructure of the Afghan Independent Human Rights Commission through the construction of provincial and district offices. (G) To enforce the provisions of the Afghan constitution that ensure equal rights for women. (H) To operate programs to encourage and facilitate the registration of women voters. (2) Health care \nAssistance under this section is authorized to be used to provide health care for the people of Afghanistan, including for the following purposes: (A) To provide equipment, medical supplies, and other assistance to health care facilities for the purpose of reducing maternal and infant mortality and morbidity. (B) To train nurses, midwives, and traditional birth attendants for the purposes of improving staffing at clinics and hospitals, and expanding networks of community health educators. (C) To promote awareness about the health and nutrition of women, and programs related to hygiene, sanitation, and immunization. (D) To develop, establish, and expand programs to provide services to women and girls suffering from post-traumatic stress, depression, and mental illness. (E) To provide mobile health units that include reproductive health programs and that are accessible to women and girls who have been disabled due to landmines or war-related injuries, including such women and girls who are in wheelchairs. (3) Education and training \nAssistance under this section is authorized to be used to provide education and training to the people of Afghanistan, including for the following purposes: (A) To establish, maintain, and expand primary and secondary schools for girls that include mathematics, science, and languages in their primary curriculum. (B) To develop and expand technical and vocational training programs for women to enable women who participate in such programs to provide support for themselves and their families. (C) To develop, maintain, and expand literacy programs, including economic literacy programs that promote the well-being of women and their families. (D) To provide special educational opportunities for girls whose schooling was ended by the Taliban and who now face obstacles to participating in the normal education system, such as girls who are now married and girls who are older than the normal age for their classes. (4) Security, protection, and shelter \nAssistance under this section is authorized to be used to provide security, protection, and shelter for the people of Afghanistan, including for the following purposes: (A) To develop and implement programs to protect women and girls against sexual and physical abuse, abduction, trafficking, exploitation, and sex discrimination in the delivery of humanitarian supplies and services. (B) To direct humanitarian assistance to the large population of widows and their children who are in need in war-torn Afghanistan. (C) To provide emergency shelters, food, sanitation, health care, and other relief services to internally displaced women and their families. (D) To support the return of refugees and internally displaced persons, the majority of whom are women and children, to their home areas. (E) To provide security measures, such as building improvements and staffing, for the purpose of preventing violent attacks to schools that educate girls and to repair or replace equipment and facilities of a school that is subject to such an attack. (F) To improve security for women in the Loya Jirga and for women who exercise their right to register to vote and to participate in elections. (G) To provide security for women’s centers for the purpose of enabling women to participate in meetings, discussions, and programs regarding the constitution, elections, and women’s rights.",
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"header": "Purposes",
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"text": "5. Sense of Congress on the provisions of assistance \nIt is the sense of Congress that, in providing assistance under this Act, the President should— (1) condition the provision such assistance on the recipient adhering to international standards for women’s rights and human rights; (2) place a high priority on the provision of such assistance to the Afghan Ministry of Women’s Affairs, the Afghan Independent Human Rights Commission, and other agencies of the Government of Afghanistan that are able to implement programs to improve the lives and advance the rights of women; (3) place a high priority on the provision of such assistance that will be used to provide to training and capacity-building programs in Afghanistan; (4) ensure that such assistance is distributed throughout different regions of Afghanistan on the basis of need; (5) place a high priority on the provision of such assistance to non-governmental organizations in Afghanistan that have demonstrated experience in delivering services to Afghan women and children and that are— (A) led by women; or (B) located in Afghanistan; and (6) ensure that of the assistance made available under this Act in each fiscal year not less than 25 percent of such assistance is provided to non-governmental organizations that are— (A) led by women; and (B) located in Afghanistan.",
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"header": "Sense of Congress on the provisions of assistance",
"nested": [],
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"text": "6. Reporting requirement \n(a) Requirement for report \nNot less than once every 6 months, the Secretary of State and the Administrator of the United States Agency for International Development shall submit a report to the appropriate congressional committees on the activities carried out under this Act. Such report shall include the amount of assistance provided under this Act to— (1) the Afghan Ministry of Women’s Affairs; (2) other ministries of the Government of Afghanistan; (3) the Afghan Independent Human Rights Commission; (4) Afghan nonprofit organizations; (5) international nonprofit organizations; and (6) United Nations agencies. (b) Initial report \nThe initial report required under subsection (a) shall be submitted not later than 60 days after the date of enactment of this Act. (c) Termination of requirement \nSubsection (a) shall be effective during the 3 year period beginning on the date of enactment of this Act. (d) Appropriate congressional committees \nIn this section the term appropriate congressional committees means the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on International Relations of the House of Representatives.",
"id": "H516539BA6A2C45E0B8A19D6740E79E9C",
"header": "Reporting requirement",
"nested": [
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"text": "(a) Requirement for report \nNot less than once every 6 months, the Secretary of State and the Administrator of the United States Agency for International Development shall submit a report to the appropriate congressional committees on the activities carried out under this Act. Such report shall include the amount of assistance provided under this Act to— (1) the Afghan Ministry of Women’s Affairs; (2) other ministries of the Government of Afghanistan; (3) the Afghan Independent Human Rights Commission; (4) Afghan nonprofit organizations; (5) international nonprofit organizations; and (6) United Nations agencies.",
"id": "H6CDE88A8F6524C62A8A2E598F109305C",
"header": "Requirement for report",
"nested": [],
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"text": "(b) Initial report \nThe initial report required under subsection (a) shall be submitted not later than 60 days after the date of enactment of this Act.",
"id": "HF121CE071AA84054ACCF6724CE1BE0",
"header": "Initial report",
"nested": [],
"links": []
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"text": "(c) Termination of requirement \nSubsection (a) shall be effective during the 3 year period beginning on the date of enactment of this Act.",
"id": "H093B8E94A2E64D9FB3718B61F6271FC",
"header": "Termination of requirement",
"nested": [],
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"text": "(d) Appropriate congressional committees \nIn this section the term appropriate congressional committees means the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on International Relations of the House of Representatives.",
"id": "H2C52510D99734BAC0034EC7F6FA6287",
"header": "Appropriate congressional committees",
"nested": [],
"links": []
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],
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"text": "7. Authorization of appropriations \n(a) Authorization \nThere is authorized to be appropriated to the President $300,000,000 for each of the fiscal years 2005, 2006, and 2007 to carry out the provisions of this Act, of which— (1) $20,000,000 is authorized to be available to the Afghan Ministry of Women’s Affairs for each such fiscal year; and (2) $10,000,000 is authorized to be available to the Afghan Independent Human Rights Commission for each such fiscal year. (b) Availability of funds \nAmounts appropriated pursuant to paragraph (1) are authorized to remain available until expended.",
"id": "H1E31CA2533874833994FA929BA28B04D",
"header": "Authorization of appropriations",
"nested": [
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"text": "(a) Authorization \nThere is authorized to be appropriated to the President $300,000,000 for each of the fiscal years 2005, 2006, and 2007 to carry out the provisions of this Act, of which— (1) $20,000,000 is authorized to be available to the Afghan Ministry of Women’s Affairs for each such fiscal year; and (2) $10,000,000 is authorized to be available to the Afghan Independent Human Rights Commission for each such fiscal year.",
"id": "H42EE0FF2758742B285EF4144E4B75C6C",
"header": "Authorization",
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"text": "(b) Availability of funds \nAmounts appropriated pursuant to paragraph (1) are authorized to remain available until expended.",
"id": "H2A8338694149447EA6090021A6E75E5B",
"header": "Availability of funds",
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] | 7 | 1. Short title
This Act may be cited as the. 2. Findings
Congress makes the following findings: (1) The Taliban regime denied women in Afghanistan the most basic human rights, including the rights to work, to an education, to health care, and to move freely. (2) The Taliban regime subjected any women who attempted to exercise her human rights to beatings and imprisonment and women in Afghanistan who lived under the Taliban regime suffer from long-term consequences of such oppression. (3) According to the Afghan Ministry of Women’s Affairs, as a result of 23 years of war and the restrictions imposed by the Taliban after the war ended, most women in Afghanistan do not have adequate food, access to health care, or opportunities for education, employment, or economic livelihood, and such women have experienced violence to themselves or their families. (4) Women in Afghanistan have one of the highest mortality rates in the world, with an estimated 16,000 maternal deaths annually. (5) The strengthening of institutions and non-governmental organizations that are led by women in Afghanistan is essential to building civil society and holding the Government of Afghanistan accountable for protecting women’s rights and human rights. (6) It is necessary for significant numbers of women to hold positions within the Government of Afghanistan, including in the cabinet, the Loya Jirga, government commissions, and other key posts, and to hold official positions within United Nations agencies working in Afghanistan to foster democracy and protect the rights of women in Afghanistan. (7) Despite the collapse of the Taliban regime in Afghanistan in 2001, warlords and the Taliban are reorganizing and reemerging in Afghanistan, imperiling the stability of the central government, the security of the people, and the exercise of human rights by women. (8) The United Nations Secretary-General’s Special Representative to Afghanistan said that the deteriorating security situation in Afghanistan may force a delay in elections in Afghanistan and that expansion of international peacekeeping forces is necessary to make fair, democratic voter registration and elections possible. (9) In January 2004, the Government of Afghanistan adopted a new constitution that includes basic rights for women, but enforcement of the provisions of the constitution will be difficult unless security in Afghanistan is dramatically improved. (10) Despite the fact that violations of human rights and women’s rights continue with impunity in Afghanistan, Provincial Reconstruction Teams composed of United States military forces, Department of Defense civil affairs officers, representatives of United States agencies and allied personnel do not have the authority needed to intervene to stop such violations. 3. Sense of Congress
It is the sense of Congress that— (1) the protection of the rights of women, the reestablishment of democracy, and the elimination of terrorism are essential to the reconstruction of a stable Afghanistan and to achieve such a reconstruction the international community should commit substantial resources, including the expansion of international peacekeeping forces inside and outside of the city of Kabul; (2) the United States should provide strong support for the Afghan Ministry of Women’s Affairs and the Afghan Independent Human Rights Commission, both of which were created by the Bonn Agreement to remedy past violations of women’s rights and human rights and to establish institutions and programs to advance such rights; (3) the mandate of international peacekeeping forces and Provincial Reconstruction Teams composed of United States military forces, Department of Defense civil affairs officers, representatives of United States agencies and allied personnel should be authorized to intervene to stop violations of human rights and women’s rights; (4) United States foreign policy should ensure that the rights of women and girls are restored in Afghanistan, assist in the recovery of women and girls from the repression of the Taliban and 23 years of war, and strengthen Afghan institutions that are led by women; and (5) grants and assistance provided to Afghanistan should be conditioned upon the Government of Afghanistan adhering to international standards for women’s rights and human rights. 4. Authorization for assistance
(a) Authority
The President is authorized to provide assistance for women and children in Afghanistan. (b) Provision of assistance
Assistance under this section may be provided directly to the Afghan Ministry of Women’s Affairs, other Afghan Government ministries, the Afghan Independent Human Rights Commission, local and international nonprofit organizations, and United Nations agencies. (c) Categories of assistance
The assistance under this section may be provided as grants, technical assistance, training, or in any other form that the President determines is appropriate. (d) Purposes
Assistance under this section may be used for the following purposes: (1) Political and human rights
Assistance under this section is authorized to be used to promote women’s rights and human rights in Afghanistan, including women’s political participation and legal rights, including for the following purposes: (A) To provide assistance to the Afghan Ministry of Women’s Affairs, other ministries of the Government of Afghanistan, and the Afghan Independent Human Rights Commission for programs to advance the status of women. (B) To disseminate information throughout Afghanistan on the rights of women and on international standards for human rights. (C) To provide information and assistance to enable women to exercise property, inheritance, and voting rights, and to participate in relief programs. (D) To provide, monitor, and investigate violations of women’s rights and to provide legal assistance to women who have suffered violations of their rights. (E) To provide training related to women’s rights and human rights to military, police, and legal personnel. (F) To build the infrastructure of the Afghan Independent Human Rights Commission through the construction of provincial and district offices. (G) To enforce the provisions of the Afghan constitution that ensure equal rights for women. (H) To operate programs to encourage and facilitate the registration of women voters. (2) Health care
Assistance under this section is authorized to be used to provide health care for the people of Afghanistan, including for the following purposes: (A) To provide equipment, medical supplies, and other assistance to health care facilities for the purpose of reducing maternal and infant mortality and morbidity. (B) To train nurses, midwives, and traditional birth attendants for the purposes of improving staffing at clinics and hospitals, and expanding networks of community health educators. (C) To promote awareness about the health and nutrition of women, and programs related to hygiene, sanitation, and immunization. (D) To develop, establish, and expand programs to provide services to women and girls suffering from post-traumatic stress, depression, and mental illness. (E) To provide mobile health units that include reproductive health programs and that are accessible to women and girls who have been disabled due to landmines or war-related injuries, including such women and girls who are in wheelchairs. (3) Education and training
Assistance under this section is authorized to be used to provide education and training to the people of Afghanistan, including for the following purposes: (A) To establish, maintain, and expand primary and secondary schools for girls that include mathematics, science, and languages in their primary curriculum. (B) To develop and expand technical and vocational training programs for women to enable women who participate in such programs to provide support for themselves and their families. (C) To develop, maintain, and expand literacy programs, including economic literacy programs that promote the well-being of women and their families. (D) To provide special educational opportunities for girls whose schooling was ended by the Taliban and who now face obstacles to participating in the normal education system, such as girls who are now married and girls who are older than the normal age for their classes. (4) Security, protection, and shelter
Assistance under this section is authorized to be used to provide security, protection, and shelter for the people of Afghanistan, including for the following purposes: (A) To develop and implement programs to protect women and girls against sexual and physical abuse, abduction, trafficking, exploitation, and sex discrimination in the delivery of humanitarian supplies and services. (B) To direct humanitarian assistance to the large population of widows and their children who are in need in war-torn Afghanistan. (C) To provide emergency shelters, food, sanitation, health care, and other relief services to internally displaced women and their families. (D) To support the return of refugees and internally displaced persons, the majority of whom are women and children, to their home areas. (E) To provide security measures, such as building improvements and staffing, for the purpose of preventing violent attacks to schools that educate girls and to repair or replace equipment and facilities of a school that is subject to such an attack. (F) To improve security for women in the Loya Jirga and for women who exercise their right to register to vote and to participate in elections. (G) To provide security for women’s centers for the purpose of enabling women to participate in meetings, discussions, and programs regarding the constitution, elections, and women’s rights. 5. Sense of Congress on the provisions of assistance
It is the sense of Congress that, in providing assistance under this Act, the President should— (1) condition the provision such assistance on the recipient adhering to international standards for women’s rights and human rights; (2) place a high priority on the provision of such assistance to the Afghan Ministry of Women’s Affairs, the Afghan Independent Human Rights Commission, and other agencies of the Government of Afghanistan that are able to implement programs to improve the lives and advance the rights of women; (3) place a high priority on the provision of such assistance that will be used to provide to training and capacity-building programs in Afghanistan; (4) ensure that such assistance is distributed throughout different regions of Afghanistan on the basis of need; (5) place a high priority on the provision of such assistance to non-governmental organizations in Afghanistan that have demonstrated experience in delivering services to Afghan women and children and that are— (A) led by women; or (B) located in Afghanistan; and (6) ensure that of the assistance made available under this Act in each fiscal year not less than 25 percent of such assistance is provided to non-governmental organizations that are— (A) led by women; and (B) located in Afghanistan. 6. Reporting requirement
(a) Requirement for report
Not less than once every 6 months, the Secretary of State and the Administrator of the United States Agency for International Development shall submit a report to the appropriate congressional committees on the activities carried out under this Act. Such report shall include the amount of assistance provided under this Act to— (1) the Afghan Ministry of Women’s Affairs; (2) other ministries of the Government of Afghanistan; (3) the Afghan Independent Human Rights Commission; (4) Afghan nonprofit organizations; (5) international nonprofit organizations; and (6) United Nations agencies. (b) Initial report
The initial report required under subsection (a) shall be submitted not later than 60 days after the date of enactment of this Act. (c) Termination of requirement
Subsection (a) shall be effective during the 3 year period beginning on the date of enactment of this Act. (d) Appropriate congressional committees
In this section the term appropriate congressional committees means the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on International Relations of the House of Representatives. 7. Authorization of appropriations
(a) Authorization
There is authorized to be appropriated to the President $300,000,000 for each of the fiscal years 2005, 2006, and 2007 to carry out the provisions of this Act, of which— (1) $20,000,000 is authorized to be available to the Afghan Ministry of Women’s Affairs for each such fiscal year; and (2) $10,000,000 is authorized to be available to the Afghan Independent Human Rights Commission for each such fiscal year. (b) Availability of funds
Amounts appropriated pursuant to paragraph (1) are authorized to remain available until expended. | 12,939 | [
"Foreign Affairs Committee"
] |
108hr5393ih | 108 | hr | 5,393 | ih | To amend title XVIII of the Social Security Act to provide incentives linking quality to payment for skilled nursing facilities and to establish a Long-Term Care Financing Commission. | [
{
"text": "1. Short title \nThis Act may be cited as the Medicare Nursing Facility Pay-for-Performance Act of 2004.",
"id": "H10BBD2AEE55545AEACA7AEF64073641",
"header": "Short title",
"nested": [],
"links": []
},
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"text": "2. Additional medicare payment for facilities that report additional quality data \n(a) Voluntary reporting of quality measures and adjustment in payment \n(1) In general \nSection 1888 of the Social Security Act ( 42 U.S.C. 1395yy ) is amended by adding at the end the following new subsection: (f) Voluntary reporting of quality measures; change in payment based on reported quality measures \n(1) Establishment of additional quality measures \n(A) In general \nNot later than 6 months after the date of the enactment of this subsection, the Secretary, through a contract with a qualified independent party (such as the National Quality Forum) identified by the Secretary, shall provide for the identification of— (i) at least 10, and not more than 15, quality measures for the performance of skilled nursing facilities under this title; and (ii) the data to be reported, including their collection and formatting, on a calendar quarter basis for each such quality measure to measure the performance of a skilled nursing facility. Such measures may be outcome or process measures. Such measures shall be in addition to the 14 enhanced measures published by the Secretary for such facilities for use as of September 1, 2004. (B) Measure of staffing level \nThe quality measures identified under subparagraph (A) shall include a measure of the level of facility staffing and the mix of licensed staff at a facility. (C) Risk adjustment \nThe values obtained for quality measures identified under subparagraph (A), including the existing 14 enhanced measures, shall be appropriately risk adjusted as applied to individual skilled nursing facilities in order to increase the likelihood that any differences in such values reflect differences in the care provided by the skilled nursing facilities and not differences in the characteristics of the residents in such facilities. Such risk adjustment shall take into account resident characteristics that are related to triggering a value for a quality measure but are not reflective of facility care processes. Risk adjustment approaches may include, as appropriate— (i) excluding certain types of residents; (ii) stratifying residents into high-risk and low-risk groups; or (iii) statistical adjustment (such as regression analysis) that takes into consideration multiple characteristics (covariates) for each resident simultaneously and adjusts the nursing facilities’ quality measure values for different resident characteristics. (D) Small facilities \n(i) In general \nIn selecting and applying quality measures, there shall be taken into account the circumstances of small skilled nursing facilities. (ii) Definition \nFor purposes of clause (i), the term small skilled nursing facility means a skilled nursing facility which had, in most recent preceding cost reporting period, fewer than 1,500 patient days with respect to which payments were made under this title. (E) Annual evaluation \nThe Secretary shall provide for an annual process whereby the use of particular quality measures are evaluated and, as appropriate, adjusted in consultation with the National Quality Forum. (F) Posting on website \nThe Secretary shall provide for the posting on its website, and the publication at least annually, of the quality performance of skilled nursing facilities as measured through values reported under this subsection by such facilities. (2) Adjustment in payment based on quality performance \n(A) In general \nFor each fiscal year beginning with fiscal year 2006, in the case of a skilled nursing facility that reports data under paragraph (1) for the data reporting period with respect to that fiscal year (as defined in subparagraph (C)), the aggregate amount of payment under this subsection shall be adjusted as follows: (i) Increase of 2 percent for facilities in top 10 percent in quality \nIn the case of a facility that, based on such data, has a composite score for quality that is equal to or exceeds such score for the baseline period (as defined in subparagraph (D)) for the top 10 percent of skilled nursing facilities that have reported such data for such baseline period, such aggregate payment shall be increased by such amount as reflects an increase in the market basket percentage increase applied for the fiscal year involved under subsection (e)(4)(E)(ii)(V) by 2 percentage points. (ii) Increase of 1 percent for facilities in next 10 percent in quality \nIn the case of a facility that, based on such data, has a composite score for quality that exceeds such score for the baseline period for the top 10 percent of skilled nursing facilities that have reported such data for such baseline period, but is equal to or exceeds such score for the baseline period for the top 20 percent of such skilled nursing facilities, such aggregate payment shall be increased by such amount as reflects an increase in the market basket percentage increase applied for the fiscal year involved under subsection (e)(4)(E)(ii)(V) by 1 percentage point. (iii) Quality threshold covering 80 percent of facilities \nFor a baseline period, the Secretary shall establish a quality threshold score that covers 80 percent of the skilled nursing facilities that have reported such data for such baseline period. (iv) Decrease of 1 percent for facilities below quality threshold \nIn the case of a fiscal year beginning with fiscal year 2007, in the case of a facility that, based on such data, has a composite score on quality measures that is below the quality threshold score established under clause (iii) for the baseline period, the aggregate payment for the fiscal year involved shall be decreased by such amount as reflects a decrease in the market basket percentage increase applied under subsection (e)(4)(E)(ii)(V) by 1 percentage point. (v) Year by year determination \nAny increase or decrease in payments to a skilled nursing facility under the preceding provisions of this subparagraph for a fiscal year shall not affect or apply to payments to such facility in any subsequent fiscal year. (B) Treatment of small facilities \nIn the case of a skilled nursing facility which because of its small size is unable to submit data on one or more quality measures— (i) the facility shall not be penalized under this paragraph due to its non-reporting of such data; and (ii) the composite rank or score shall be based on the data so reported, with appropriate adjustments so as to be comparable to other facilities. (C) Data reporting period \nFor purposes of subparagraph (A), the term data reporting period means, with respect to— (i) fiscal year 2006, such period of calendar quarters in fiscal year 2005 as the Secretary shall specify, which, to the extent feasible, shall be a period of at least 2 calendar quarters; or (ii) a subsequent fiscal year, the period of 4 consecutive calendar quarters ending on the June 30 preceding the fiscal year. (D) Baseline period \nFor purposes of subparagraph (A), the term baseline period means, with respect to— (i) fiscal year 2006, the period of calendar quarters specified under subparagraph (C)(i); or (ii) a subsequent fiscal year, the period of 4-calendar-quarters ending on June 30, 2006.. (2) Limiting market basket increases to facilities that voluntarily report information \nSubsection (e)(4)(E)(ii) of such section is amended— (A) in subclause (III), by striking and at the end; (B) in subclause (IV), by inserting before the first fiscal year in which the reporting of quality measures is in effect under subsection (f)(1) after each subsequent fiscal year and by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new subclause:by inserting before the period at the end the following: (V) for each subsequent year, the rate computed for the previous fiscal year increased, in the case of a skilled nursing facility that reports data under subsection (f)(1) for the fiscal year, by the skilled nursing facility market basket percentage for the fiscal year involved.. (b) Using fiscal year 2005 payment rates as a floor for subsequent updates \n(1) In general \nSubsection (e)(4)(E)(ii)(IV) and subsection (e)(4)(E)(ii)(V), as added by subsection (a)(2), of such section is amended by inserting (taking into account, with respect to a previous fiscal year that was fiscal year 2005, all add-ons to such rate that were applicable in such fiscal year as well as market basket adjustments made in subsequent fiscal years) after the rate computed for the previous fiscal year. (2) Effective date \nThe amendment made by paragraph (1) shall apply to the computation of rates for fiscal years beginning with fiscal year 2006.",
"id": "HAA03637462D2436199448B4E2590DCF",
"header": "Additional medicare payment for facilities that report additional quality data",
"nested": [
{
"text": "(a) Voluntary reporting of quality measures and adjustment in payment \n(1) In general \nSection 1888 of the Social Security Act ( 42 U.S.C. 1395yy ) is amended by adding at the end the following new subsection: (f) Voluntary reporting of quality measures; change in payment based on reported quality measures \n(1) Establishment of additional quality measures \n(A) In general \nNot later than 6 months after the date of the enactment of this subsection, the Secretary, through a contract with a qualified independent party (such as the National Quality Forum) identified by the Secretary, shall provide for the identification of— (i) at least 10, and not more than 15, quality measures for the performance of skilled nursing facilities under this title; and (ii) the data to be reported, including their collection and formatting, on a calendar quarter basis for each such quality measure to measure the performance of a skilled nursing facility. Such measures may be outcome or process measures. Such measures shall be in addition to the 14 enhanced measures published by the Secretary for such facilities for use as of September 1, 2004. (B) Measure of staffing level \nThe quality measures identified under subparagraph (A) shall include a measure of the level of facility staffing and the mix of licensed staff at a facility. (C) Risk adjustment \nThe values obtained for quality measures identified under subparagraph (A), including the existing 14 enhanced measures, shall be appropriately risk adjusted as applied to individual skilled nursing facilities in order to increase the likelihood that any differences in such values reflect differences in the care provided by the skilled nursing facilities and not differences in the characteristics of the residents in such facilities. Such risk adjustment shall take into account resident characteristics that are related to triggering a value for a quality measure but are not reflective of facility care processes. Risk adjustment approaches may include, as appropriate— (i) excluding certain types of residents; (ii) stratifying residents into high-risk and low-risk groups; or (iii) statistical adjustment (such as regression analysis) that takes into consideration multiple characteristics (covariates) for each resident simultaneously and adjusts the nursing facilities’ quality measure values for different resident characteristics. (D) Small facilities \n(i) In general \nIn selecting and applying quality measures, there shall be taken into account the circumstances of small skilled nursing facilities. (ii) Definition \nFor purposes of clause (i), the term small skilled nursing facility means a skilled nursing facility which had, in most recent preceding cost reporting period, fewer than 1,500 patient days with respect to which payments were made under this title. (E) Annual evaluation \nThe Secretary shall provide for an annual process whereby the use of particular quality measures are evaluated and, as appropriate, adjusted in consultation with the National Quality Forum. (F) Posting on website \nThe Secretary shall provide for the posting on its website, and the publication at least annually, of the quality performance of skilled nursing facilities as measured through values reported under this subsection by such facilities. (2) Adjustment in payment based on quality performance \n(A) In general \nFor each fiscal year beginning with fiscal year 2006, in the case of a skilled nursing facility that reports data under paragraph (1) for the data reporting period with respect to that fiscal year (as defined in subparagraph (C)), the aggregate amount of payment under this subsection shall be adjusted as follows: (i) Increase of 2 percent for facilities in top 10 percent in quality \nIn the case of a facility that, based on such data, has a composite score for quality that is equal to or exceeds such score for the baseline period (as defined in subparagraph (D)) for the top 10 percent of skilled nursing facilities that have reported such data for such baseline period, such aggregate payment shall be increased by such amount as reflects an increase in the market basket percentage increase applied for the fiscal year involved under subsection (e)(4)(E)(ii)(V) by 2 percentage points. (ii) Increase of 1 percent for facilities in next 10 percent in quality \nIn the case of a facility that, based on such data, has a composite score for quality that exceeds such score for the baseline period for the top 10 percent of skilled nursing facilities that have reported such data for such baseline period, but is equal to or exceeds such score for the baseline period for the top 20 percent of such skilled nursing facilities, such aggregate payment shall be increased by such amount as reflects an increase in the market basket percentage increase applied for the fiscal year involved under subsection (e)(4)(E)(ii)(V) by 1 percentage point. (iii) Quality threshold covering 80 percent of facilities \nFor a baseline period, the Secretary shall establish a quality threshold score that covers 80 percent of the skilled nursing facilities that have reported such data for such baseline period. (iv) Decrease of 1 percent for facilities below quality threshold \nIn the case of a fiscal year beginning with fiscal year 2007, in the case of a facility that, based on such data, has a composite score on quality measures that is below the quality threshold score established under clause (iii) for the baseline period, the aggregate payment for the fiscal year involved shall be decreased by such amount as reflects a decrease in the market basket percentage increase applied under subsection (e)(4)(E)(ii)(V) by 1 percentage point. (v) Year by year determination \nAny increase or decrease in payments to a skilled nursing facility under the preceding provisions of this subparagraph for a fiscal year shall not affect or apply to payments to such facility in any subsequent fiscal year. (B) Treatment of small facilities \nIn the case of a skilled nursing facility which because of its small size is unable to submit data on one or more quality measures— (i) the facility shall not be penalized under this paragraph due to its non-reporting of such data; and (ii) the composite rank or score shall be based on the data so reported, with appropriate adjustments so as to be comparable to other facilities. (C) Data reporting period \nFor purposes of subparagraph (A), the term data reporting period means, with respect to— (i) fiscal year 2006, such period of calendar quarters in fiscal year 2005 as the Secretary shall specify, which, to the extent feasible, shall be a period of at least 2 calendar quarters; or (ii) a subsequent fiscal year, the period of 4 consecutive calendar quarters ending on the June 30 preceding the fiscal year. (D) Baseline period \nFor purposes of subparagraph (A), the term baseline period means, with respect to— (i) fiscal year 2006, the period of calendar quarters specified under subparagraph (C)(i); or (ii) a subsequent fiscal year, the period of 4-calendar-quarters ending on June 30, 2006.. (2) Limiting market basket increases to facilities that voluntarily report information \nSubsection (e)(4)(E)(ii) of such section is amended— (A) in subclause (III), by striking and at the end; (B) in subclause (IV), by inserting before the first fiscal year in which the reporting of quality measures is in effect under subsection (f)(1) after each subsequent fiscal year and by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new subclause:by inserting before the period at the end the following: (V) for each subsequent year, the rate computed for the previous fiscal year increased, in the case of a skilled nursing facility that reports data under subsection (f)(1) for the fiscal year, by the skilled nursing facility market basket percentage for the fiscal year involved..",
"id": "H30C42AC385E147DBAAF1D6072420048",
"header": "Voluntary reporting of quality measures and adjustment in payment",
"nested": [],
"links": [
{
"text": "42 U.S.C. 1395yy",
"legal-doc": "usc",
"parsable-cite": "usc/42/1395yy"
}
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},
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"text": "(b) Using fiscal year 2005 payment rates as a floor for subsequent updates \n(1) In general \nSubsection (e)(4)(E)(ii)(IV) and subsection (e)(4)(E)(ii)(V), as added by subsection (a)(2), of such section is amended by inserting (taking into account, with respect to a previous fiscal year that was fiscal year 2005, all add-ons to such rate that were applicable in such fiscal year as well as market basket adjustments made in subsequent fiscal years) after the rate computed for the previous fiscal year. (2) Effective date \nThe amendment made by paragraph (1) shall apply to the computation of rates for fiscal years beginning with fiscal year 2006.",
"id": "HDFA06A14C85844CE8CBD5C49ABCFDED6",
"header": "Using fiscal year 2005 payment rates as a floor for subsequent updates",
"nested": [],
"links": []
}
],
"links": [
{
"text": "42 U.S.C. 1395yy",
"legal-doc": "usc",
"parsable-cite": "usc/42/1395yy"
}
]
},
{
"text": "3. Long-Term Care Financing Commission \n(a) Establishment \nThere is hereby established a commission to be known as the Long-Term Care Financing Commission (in this section referred to as the Commission ). (b) Composition \nThe Commission shall be composed of 10 members appointed by the Secretary of Health and Human Services. (c) Duties \n(1) Analyses \nThe Commission shall conduct analyses of the financing of long-term care, including the financing of nursing facilities. Such analyses shall include an analysis of each of the following: (A) The adequacy of Medicaid program financing of the long term care system. (B) Medicare’s cross-subsidization of long-term care for Medicaid patients. (C) Total industry margins in long-term care. (D) Long-term demographic challenges. (E) The impact of current trends, including staffing shortages and litigation costs, on long-term care spending. (F) Different approaches to refinements in the per diem RUG payment amounts and related payment methodologies under section 1888(e) of the Social Security Act ( 42 U.S.C. 1395yy(e) ). (2) Report \nThe Commission shall submit to Congress an annual report on its analyses. Each such report shall include recommendations for such changes in financing of long-term care as the Commission deems appropriate. (d) Terms, Compensation, Chairman, Meetings, Staff, and Powers \nThe provisions of subsections (c)(3), (c)(4), (c)(5), (c)(6), (d), and (e) of section 1805 of the Social Security Act ( 42 U.S.C. 1395b–6 ) (relating to provisions for the Medicare Payment Advisory Commission) shall apply to the Commission in the same manner as they apply to the Medicare Payment Advisory Commission.",
"id": "H214AA1DCABC74194B22C00F6EF68022F",
"header": "Long-Term Care Financing Commission",
"nested": [
{
"text": "(a) Establishment \nThere is hereby established a commission to be known as the Long-Term Care Financing Commission (in this section referred to as the Commission ).",
"id": "H8002F63937B04486A7C1A20956BF7D70",
"header": "Establishment",
"nested": [],
"links": []
},
{
"text": "(b) Composition \nThe Commission shall be composed of 10 members appointed by the Secretary of Health and Human Services.",
"id": "HA85C7707AB534676AA8F3553C833DEB",
"header": "Composition",
"nested": [],
"links": []
},
{
"text": "(c) Duties \n(1) Analyses \nThe Commission shall conduct analyses of the financing of long-term care, including the financing of nursing facilities. Such analyses shall include an analysis of each of the following: (A) The adequacy of Medicaid program financing of the long term care system. (B) Medicare’s cross-subsidization of long-term care for Medicaid patients. (C) Total industry margins in long-term care. (D) Long-term demographic challenges. (E) The impact of current trends, including staffing shortages and litigation costs, on long-term care spending. (F) Different approaches to refinements in the per diem RUG payment amounts and related payment methodologies under section 1888(e) of the Social Security Act ( 42 U.S.C. 1395yy(e) ). (2) Report \nThe Commission shall submit to Congress an annual report on its analyses. Each such report shall include recommendations for such changes in financing of long-term care as the Commission deems appropriate.",
"id": "H9646E9C1CB94414C918E0024A49512FE",
"header": "Duties",
"nested": [],
"links": [
{
"text": "42 U.S.C. 1395yy(e)",
"legal-doc": "usc",
"parsable-cite": "usc/42/1395yy"
}
]
},
{
"text": "(d) Terms, Compensation, Chairman, Meetings, Staff, and Powers \nThe provisions of subsections (c)(3), (c)(4), (c)(5), (c)(6), (d), and (e) of section 1805 of the Social Security Act ( 42 U.S.C. 1395b–6 ) (relating to provisions for the Medicare Payment Advisory Commission) shall apply to the Commission in the same manner as they apply to the Medicare Payment Advisory Commission.",
"id": "H2BF99955FB7F48478E80F5EE9C4DCEE2",
"header": "Terms, Compensation, Chairman, Meetings, Staff, and Powers",
"nested": [],
"links": [
{
"text": "42 U.S.C. 1395b–6",
"legal-doc": "usc",
"parsable-cite": "usc/42/1395b-6"
}
]
}
],
"links": [
{
"text": "42 U.S.C. 1395yy(e)",
"legal-doc": "usc",
"parsable-cite": "usc/42/1395yy"
},
{
"text": "42 U.S.C. 1395b–6",
"legal-doc": "usc",
"parsable-cite": "usc/42/1395b-6"
}
]
}
] | 3 | 1. Short title
This Act may be cited as the Medicare Nursing Facility Pay-for-Performance Act of 2004. 2. Additional medicare payment for facilities that report additional quality data
(a) Voluntary reporting of quality measures and adjustment in payment
(1) In general
Section 1888 of the Social Security Act ( 42 U.S.C. 1395yy ) is amended by adding at the end the following new subsection: (f) Voluntary reporting of quality measures; change in payment based on reported quality measures
(1) Establishment of additional quality measures
(A) In general
Not later than 6 months after the date of the enactment of this subsection, the Secretary, through a contract with a qualified independent party (such as the National Quality Forum) identified by the Secretary, shall provide for the identification of— (i) at least 10, and not more than 15, quality measures for the performance of skilled nursing facilities under this title; and (ii) the data to be reported, including their collection and formatting, on a calendar quarter basis for each such quality measure to measure the performance of a skilled nursing facility. Such measures may be outcome or process measures. Such measures shall be in addition to the 14 enhanced measures published by the Secretary for such facilities for use as of September 1, 2004. (B) Measure of staffing level
The quality measures identified under subparagraph (A) shall include a measure of the level of facility staffing and the mix of licensed staff at a facility. (C) Risk adjustment
The values obtained for quality measures identified under subparagraph (A), including the existing 14 enhanced measures, shall be appropriately risk adjusted as applied to individual skilled nursing facilities in order to increase the likelihood that any differences in such values reflect differences in the care provided by the skilled nursing facilities and not differences in the characteristics of the residents in such facilities. Such risk adjustment shall take into account resident characteristics that are related to triggering a value for a quality measure but are not reflective of facility care processes. Risk adjustment approaches may include, as appropriate— (i) excluding certain types of residents; (ii) stratifying residents into high-risk and low-risk groups; or (iii) statistical adjustment (such as regression analysis) that takes into consideration multiple characteristics (covariates) for each resident simultaneously and adjusts the nursing facilities’ quality measure values for different resident characteristics. (D) Small facilities
(i) In general
In selecting and applying quality measures, there shall be taken into account the circumstances of small skilled nursing facilities. (ii) Definition
For purposes of clause (i), the term small skilled nursing facility means a skilled nursing facility which had, in most recent preceding cost reporting period, fewer than 1,500 patient days with respect to which payments were made under this title. (E) Annual evaluation
The Secretary shall provide for an annual process whereby the use of particular quality measures are evaluated and, as appropriate, adjusted in consultation with the National Quality Forum. (F) Posting on website
The Secretary shall provide for the posting on its website, and the publication at least annually, of the quality performance of skilled nursing facilities as measured through values reported under this subsection by such facilities. (2) Adjustment in payment based on quality performance
(A) In general
For each fiscal year beginning with fiscal year 2006, in the case of a skilled nursing facility that reports data under paragraph (1) for the data reporting period with respect to that fiscal year (as defined in subparagraph (C)), the aggregate amount of payment under this subsection shall be adjusted as follows: (i) Increase of 2 percent for facilities in top 10 percent in quality
In the case of a facility that, based on such data, has a composite score for quality that is equal to or exceeds such score for the baseline period (as defined in subparagraph (D)) for the top 10 percent of skilled nursing facilities that have reported such data for such baseline period, such aggregate payment shall be increased by such amount as reflects an increase in the market basket percentage increase applied for the fiscal year involved under subsection (e)(4)(E)(ii)(V) by 2 percentage points. (ii) Increase of 1 percent for facilities in next 10 percent in quality
In the case of a facility that, based on such data, has a composite score for quality that exceeds such score for the baseline period for the top 10 percent of skilled nursing facilities that have reported such data for such baseline period, but is equal to or exceeds such score for the baseline period for the top 20 percent of such skilled nursing facilities, such aggregate payment shall be increased by such amount as reflects an increase in the market basket percentage increase applied for the fiscal year involved under subsection (e)(4)(E)(ii)(V) by 1 percentage point. (iii) Quality threshold covering 80 percent of facilities
For a baseline period, the Secretary shall establish a quality threshold score that covers 80 percent of the skilled nursing facilities that have reported such data for such baseline period. (iv) Decrease of 1 percent for facilities below quality threshold
In the case of a fiscal year beginning with fiscal year 2007, in the case of a facility that, based on such data, has a composite score on quality measures that is below the quality threshold score established under clause (iii) for the baseline period, the aggregate payment for the fiscal year involved shall be decreased by such amount as reflects a decrease in the market basket percentage increase applied under subsection (e)(4)(E)(ii)(V) by 1 percentage point. (v) Year by year determination
Any increase or decrease in payments to a skilled nursing facility under the preceding provisions of this subparagraph for a fiscal year shall not affect or apply to payments to such facility in any subsequent fiscal year. (B) Treatment of small facilities
In the case of a skilled nursing facility which because of its small size is unable to submit data on one or more quality measures— (i) the facility shall not be penalized under this paragraph due to its non-reporting of such data; and (ii) the composite rank or score shall be based on the data so reported, with appropriate adjustments so as to be comparable to other facilities. (C) Data reporting period
For purposes of subparagraph (A), the term data reporting period means, with respect to— (i) fiscal year 2006, such period of calendar quarters in fiscal year 2005 as the Secretary shall specify, which, to the extent feasible, shall be a period of at least 2 calendar quarters; or (ii) a subsequent fiscal year, the period of 4 consecutive calendar quarters ending on the June 30 preceding the fiscal year. (D) Baseline period
For purposes of subparagraph (A), the term baseline period means, with respect to— (i) fiscal year 2006, the period of calendar quarters specified under subparagraph (C)(i); or (ii) a subsequent fiscal year, the period of 4-calendar-quarters ending on June 30, 2006.. (2) Limiting market basket increases to facilities that voluntarily report information
Subsection (e)(4)(E)(ii) of such section is amended— (A) in subclause (III), by striking and at the end; (B) in subclause (IV), by inserting before the first fiscal year in which the reporting of quality measures is in effect under subsection (f)(1) after each subsequent fiscal year and by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new subclause:by inserting before the period at the end the following: (V) for each subsequent year, the rate computed for the previous fiscal year increased, in the case of a skilled nursing facility that reports data under subsection (f)(1) for the fiscal year, by the skilled nursing facility market basket percentage for the fiscal year involved.. (b) Using fiscal year 2005 payment rates as a floor for subsequent updates
(1) In general
Subsection (e)(4)(E)(ii)(IV) and subsection (e)(4)(E)(ii)(V), as added by subsection (a)(2), of such section is amended by inserting (taking into account, with respect to a previous fiscal year that was fiscal year 2005, all add-ons to such rate that were applicable in such fiscal year as well as market basket adjustments made in subsequent fiscal years) after the rate computed for the previous fiscal year. (2) Effective date
The amendment made by paragraph (1) shall apply to the computation of rates for fiscal years beginning with fiscal year 2006. 3. Long-Term Care Financing Commission
(a) Establishment
There is hereby established a commission to be known as the Long-Term Care Financing Commission (in this section referred to as the Commission ). (b) Composition
The Commission shall be composed of 10 members appointed by the Secretary of Health and Human Services. (c) Duties
(1) Analyses
The Commission shall conduct analyses of the financing of long-term care, including the financing of nursing facilities. Such analyses shall include an analysis of each of the following: (A) The adequacy of Medicaid program financing of the long term care system. (B) Medicare’s cross-subsidization of long-term care for Medicaid patients. (C) Total industry margins in long-term care. (D) Long-term demographic challenges. (E) The impact of current trends, including staffing shortages and litigation costs, on long-term care spending. (F) Different approaches to refinements in the per diem RUG payment amounts and related payment methodologies under section 1888(e) of the Social Security Act ( 42 U.S.C. 1395yy(e) ). (2) Report
The Commission shall submit to Congress an annual report on its analyses. Each such report shall include recommendations for such changes in financing of long-term care as the Commission deems appropriate. (d) Terms, Compensation, Chairman, Meetings, Staff, and Powers
The provisions of subsections (c)(3), (c)(4), (c)(5), (c)(6), (d), and (e) of section 1805 of the Social Security Act ( 42 U.S.C. 1395b–6 ) (relating to provisions for the Medicare Payment Advisory Commission) shall apply to the Commission in the same manner as they apply to the Medicare Payment Advisory Commission. | 10,429 | [
"Energy and Commerce Committee",
"Ways and Means Committee"
] |
108hr4116ih | 108 | hr | 4,116 | ih | To require the Secretary of the Treasury to mint coins celebrating the recovery and restoration of the American bald eagle, the national symbol of the United States, to America’s lands, waterways, and skies and the great importance of the designation of the American bald eagle as an endangered species under the Endangered Species Act of 1973, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the American Bald Eagle Recovery and National Emblem Commemorative Coin Act",
"id": "HBFE12867A9C14DBEB4A914E700495C00",
"header": "Short title",
"nested": [],
"links": []
},
{
"text": "2. Findings \nThe Congress finds as follows: (1) The bald eagle was designated as the national emblem of the United States on June 20, 1782, by our country’s Founding Fathers at the Second Continental Congress. (2) The bald eagle is the greatest visible symbol of the spirit of freedom and democracy in the world. (3) The bald eagle species is unique to North America and represents the American values and attributes of freedom, courage, strength, spirit, loyalty, justice, equality, democracy, quality, and excellence. (4) The bald eagle is the central image used in the Great Seal of the United States and the seal of many branches and departments of the United States Government, including the President and the Vice President of the United States, the United States Congress, the Department of Defense, the Department of the Treasury, the Department of Justice, the Department of State, the Department of Commerce, the Department of Homeland Security, and the United States Postal Service. (5) The bald eagle’s image and symbolism have played a profound role in establishing and honoring American beliefs and traditions. (6) The bald eagle’s image and symbolism have influenced American art, music, history, literature, commerce, and culture since the founding of our Nation. (7) The bald eagle species was once threatened with possible extinction in the lower 48 States but is now making a gradual, encouraging recovery within America’s lands, waterways, and skies. (8) The bald eagle was federally classified as an endangered species in 1973 under the Endangered Species Act of 1973, and, in 1995, was removed from the endangered species list and upgraded to the less imperiled threatened status under such Act. (9) The administration is likely to officially delist the bald eagle from both the endangered and threatened species lists under the Endangered Species Act of 1973 by no later than 2008. (10) The initial recovery of the bald eagle population in the United States was accomplished by the vigilant efforts of numerous caring agencies, corporations, organizations, and citizens. (11) The continued caring and concern of the American people and the further restoration and protection of the bald eagle and its habitat is necessary to guarantee the full recovery and survival of this precious national treasure for future generations. (12) Since the Endangered Species Act of 1973 requires that delisted species be administratively monitored for a 5-year period, the bald eagle nests in 49 States will require continual monitoring after the bald eagle is removed from the protection of such Act; and such efforts will require substantial funding to the Federal and State agencies and private organizations that will conduct such monitoring. (13) Due to Federal and State budget cutting and balancing trends, funding for on-going bald eagle care, restoration, monitoring, protection, and enhancement programs has diminished annually. (14) In anticipation of the nationwide observance of the official removal, by 2008, of the bald eagle from the threatened species list under the Endangered Species Act of 1973, and the 35th anniversary, in 2008, of the Endangered Species Act of 1973 and the designation of the bald eagle as an endangered species under such Act, Congress wishes to offer the opportunity for all persons to voluntarily participate in raising funds for future bald eagle recovery, monitoring, and preservation efforts and to contribute to a special American Eagle Fund endowment managed by the not-for-profit American Eagle Foundation of Tennessee in the United States, in cooperation with fund management experts. (15) It is appropriate for Congress to authorize coins— (A) celebrating the recovery and restoration of the bald eagle, the living symbol of freedom in the United States, to America’s lands, waterways, and skies; (B) commemorating the removal of the bald eagle from the endangered and threatened species lists under the Endangered Species Act of 1973; and (C) commemorating the 35th anniversary of the enactment of the Endangered Species Act of 1973 and the designation of the bald eagle as an endangered species under such Act.",
"id": "H1050F58730E84CF2954E70F95DB589C2",
"header": "Findings",
"nested": [],
"links": []
},
{
"text": "3. Coin specifications \n(a) Denominations \nIn celebration of the recovery of the bald eagle, the national living symbol of freedom, to America’s lands, waterways, and skies and in commemoration of the 35th anniversary of the enactment of the Endangered Species Act of 1973 and the placement of the bald eagle on the endangered species list under such Act, the Secretary of the Treasury (hereafter in this Act referred to as the Secretary ) shall mint and issue the following coins: (1) $5 gold coins \nNot more than 100,000 $5 coins, which shall— (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins \nNot more than 500,000 $1 coins, which shall— (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (3) Half dollar clad coins \nNot more than 750,000 half dollar coins which shall— (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half dollar coins contained in section 5112(b) of title 31, United States Code. (b) Legal tender \nThe coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic items \nFor purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items.",
"id": "H647777275978433D95FF206D5E84D6D4",
"header": "Coin specifications",
"nested": [
{
"text": "(a) Denominations \nIn celebration of the recovery of the bald eagle, the national living symbol of freedom, to America’s lands, waterways, and skies and in commemoration of the 35th anniversary of the enactment of the Endangered Species Act of 1973 and the placement of the bald eagle on the endangered species list under such Act, the Secretary of the Treasury (hereafter in this Act referred to as the Secretary ) shall mint and issue the following coins: (1) $5 gold coins \nNot more than 100,000 $5 coins, which shall— (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins \nNot more than 500,000 $1 coins, which shall— (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (3) Half dollar clad coins \nNot more than 750,000 half dollar coins which shall— (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half dollar coins contained in section 5112(b) of title 31, United States Code.",
"id": "H799067F46CCF463C9D818D9113401C8B",
"header": "Denominations",
"nested": [],
"links": [
{
"text": "section 5112(b)",
"legal-doc": "usc",
"parsable-cite": "usc/31/5112"
}
]
},
{
"text": "(b) Legal tender \nThe coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code.",
"id": "H142D615C95614758A986A16226ACA1E",
"header": "Legal tender",
"nested": [],
"links": [
{
"text": "section 5103",
"legal-doc": "usc",
"parsable-cite": "usc/31/5103"
}
]
},
{
"text": "(c) Numismatic items \nFor purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items.",
"id": "H30A97092FC0A4F8488837079DE9F346D",
"header": "Numismatic items",
"nested": [],
"links": [
{
"text": "5134",
"legal-doc": "usc",
"parsable-cite": "usc/31/5134"
},
{
"text": "5136",
"legal-doc": "usc",
"parsable-cite": "usc/31/5136"
}
]
}
],
"links": [
{
"text": "section 5112(b)",
"legal-doc": "usc",
"parsable-cite": "usc/31/5112"
},
{
"text": "section 5103",
"legal-doc": "usc",
"parsable-cite": "usc/31/5103"
},
{
"text": "5134",
"legal-doc": "usc",
"parsable-cite": "usc/31/5134"
},
{
"text": "5136",
"legal-doc": "usc",
"parsable-cite": "usc/31/5136"
}
]
},
{
"text": "4. Design of coins \n(a) Design requirements \n(1) In general \nThe design of the coins minted under this Act shall be emblematic of the bald eagle and its history, natural biology, and national symbolism. (2) Designation and inscriptions \nOn each coin minted under this Act there shall be— (A) a designation of the value of the coin; (B) an inscription of the year 2008 ; and (C) inscriptions of the words Liberty , In God We Trust , United States of America , and E Pluribus Unum. (b) Selection \nThe design for the coins minted under this Act shall be— (1) selected by the Secretary after consultation with the Commission of Fine Arts, and the American Eagle Foundation of Tennessee in the United States; and (2) reviewed by the Citizens Coinage Advisory Committee.",
"id": "HD10D926990C948C88161372C33A154BB",
"header": "Design of coins",
"nested": [
{
"text": "(a) Design requirements \n(1) In general \nThe design of the coins minted under this Act shall be emblematic of the bald eagle and its history, natural biology, and national symbolism. (2) Designation and inscriptions \nOn each coin minted under this Act there shall be— (A) a designation of the value of the coin; (B) an inscription of the year 2008 ; and (C) inscriptions of the words Liberty , In God We Trust , United States of America , and E Pluribus Unum.",
"id": "HDEFD91E8BC0945099007298716C500CA",
"header": "Design requirements",
"nested": [],
"links": []
},
{
"text": "(b) Selection \nThe design for the coins minted under this Act shall be— (1) selected by the Secretary after consultation with the Commission of Fine Arts, and the American Eagle Foundation of Tennessee in the United States; and (2) reviewed by the Citizens Coinage Advisory Committee.",
"id": "H59BC21085C664912941F08E059B8A271",
"header": "Selection",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "5. Issuance of coins \n(a) Quality of coins \nCoins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint facility \nOnly 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for issuance \nThe Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2008.",
"id": "H50AD2C60DD2449CFB7F53E853DB85DD",
"header": "Issuance of coins",
"nested": [
{
"text": "(a) Quality of coins \nCoins minted under this Act shall be issued in uncirculated and proof qualities.",
"id": "H1BDB2EE3BACD4B8F937C252FE2B540DD",
"header": "Quality of coins",
"nested": [],
"links": []
},
{
"text": "(b) Mint facility \nOnly 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act.",
"id": "H43427922124E448496183E6377EB33F3",
"header": "Mint facility",
"nested": [],
"links": []
},
{
"text": "(c) Period for issuance \nThe Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2008.",
"id": "H9F06B374B9084AE19C12DF3D47C9DF4",
"header": "Period for issuance",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "6. Sale of coins \n(a) Sale price \nThe coins issued under this Act shall be sold by the Secretary at a price equal to the sum of— (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk sales \nThe Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid orders \n(1) In general \nThe Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount \nSale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount.",
"id": "H9F3CCAD470624228865E12C251C00B",
"header": "Sale of coins",
"nested": [
{
"text": "(a) Sale price \nThe coins issued under this Act shall be sold by the Secretary at a price equal to the sum of— (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping).",
"id": "H48BE39BD1A994CAE884BD24BBFA5D2B",
"header": "Sale price",
"nested": [],
"links": []
},
{
"text": "(b) Bulk sales \nThe Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount.",
"id": "H0FA4B1A2F303423F869025DB97E7BC7E",
"header": "Bulk sales",
"nested": [],
"links": []
},
{
"text": "(c) Prepaid orders \n(1) In general \nThe Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount \nSale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount.",
"id": "H3F584F422B6047B9A534E972B4AF1AB",
"header": "Prepaid orders",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "7. Surcharges \n(a) In general \nAll sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 coin. (3) A surcharge of $3 per coin for the half dollar coin. (b) Distribution \nSubject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the American Eagle Foundation of Tennessee in the United States for use solely for the following purposes: (1) To establish an interest-bearing endowment called the American Eagle Fund as a permanent source of support for the care, monitoring, maintenance, and recovery of the bald eagle and its habitat in the United States, including the following: (A) Public education activities and events. (B) Habitat purchases and cooperative land agreements. (C) Raptor rehabilitation and captive breeding and hacking. (D) Behavior and migration research and wintering migration counts. (E) Facilitate the enforcement of laws protecting the bald eagle. (F) Nest-watch monitoring and eaglet banding. (G) Public viewing areas and visitor centers. (2) To make annual grants, in an amount not to exceed 10 percent of the annual income of the American Eagle Fund, to Federal, State, and private eagle restoration, protection, and enhancement projects within the 5 bald eagle recovery regions established by the United States Fish and Wildlife Service, in accordance with recommendations made by an advisory committee of recognized eagle experts which the Foundation shall establish. (3) To administer the American Eagle Fund, including contracting for necessary services, in an annual amount not to exceed the lesser of— (A) 10 percent of the annual income of the American Eagle Fund; or (B) $250,000. (4) To provide financial support for capital projects related to the restoration and protection of bald eagles in Tennessee and in the United States, in general. (5) To provide financial support for the continuation and expansion of the efforts of the American Eagle Foundation of Tennessee in the United States to educate the American people nationally about the livelihood, symbolism, and protection of the bald eagle, the national symbol of the United States, through the dissemination of information regarding bald eagles and their habitat at special events and through the media (including newspapers, magazines, radio, television, the Internet, and billboards). (c) Audits \nThe American Eagle Foundation of Tennessee in the United States and the American Eagle Fund shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received by the Foundation or the Fund under subsection (b).",
"id": "H6B201534DB43459BABE8A4B328B4111B",
"header": "Surcharges",
"nested": [
{
"text": "(a) In general \nAll sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 coin. (3) A surcharge of $3 per coin for the half dollar coin.",
"id": "H3D24A14EBBAD469FA9F3A8E78600D216",
"header": "In general",
"nested": [],
"links": []
},
{
"text": "(b) Distribution \nSubject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the American Eagle Foundation of Tennessee in the United States for use solely for the following purposes: (1) To establish an interest-bearing endowment called the American Eagle Fund as a permanent source of support for the care, monitoring, maintenance, and recovery of the bald eagle and its habitat in the United States, including the following: (A) Public education activities and events. (B) Habitat purchases and cooperative land agreements. (C) Raptor rehabilitation and captive breeding and hacking. (D) Behavior and migration research and wintering migration counts. (E) Facilitate the enforcement of laws protecting the bald eagle. (F) Nest-watch monitoring and eaglet banding. (G) Public viewing areas and visitor centers. (2) To make annual grants, in an amount not to exceed 10 percent of the annual income of the American Eagle Fund, to Federal, State, and private eagle restoration, protection, and enhancement projects within the 5 bald eagle recovery regions established by the United States Fish and Wildlife Service, in accordance with recommendations made by an advisory committee of recognized eagle experts which the Foundation shall establish. (3) To administer the American Eagle Fund, including contracting for necessary services, in an annual amount not to exceed the lesser of— (A) 10 percent of the annual income of the American Eagle Fund; or (B) $250,000. (4) To provide financial support for capital projects related to the restoration and protection of bald eagles in Tennessee and in the United States, in general. (5) To provide financial support for the continuation and expansion of the efforts of the American Eagle Foundation of Tennessee in the United States to educate the American people nationally about the livelihood, symbolism, and protection of the bald eagle, the national symbol of the United States, through the dissemination of information regarding bald eagles and their habitat at special events and through the media (including newspapers, magazines, radio, television, the Internet, and billboards).",
"id": "H90E4C87DA1224227B0F02EB16817863E",
"header": "Distribution",
"nested": [],
"links": [
{
"text": "section 5134(f)",
"legal-doc": "usc",
"parsable-cite": "usc/31/5134"
}
]
},
{
"text": "(c) Audits \nThe American Eagle Foundation of Tennessee in the United States and the American Eagle Fund shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received by the Foundation or the Fund under subsection (b).",
"id": "H2D096A72A42C46248600BFB35B795600",
"header": "Audits",
"nested": [],
"links": [
{
"text": "section 5134(f)(2)",
"legal-doc": "usc",
"parsable-cite": "usc/31/5134"
}
]
}
],
"links": [
{
"text": "section 5134(f)",
"legal-doc": "usc",
"parsable-cite": "usc/31/5134"
},
{
"text": "section 5134(f)(2)",
"legal-doc": "usc",
"parsable-cite": "usc/31/5134"
}
]
}
] | 7 | 1. Short title
This Act may be cited as the American Bald Eagle Recovery and National Emblem Commemorative Coin Act 2. Findings
The Congress finds as follows: (1) The bald eagle was designated as the national emblem of the United States on June 20, 1782, by our country’s Founding Fathers at the Second Continental Congress. (2) The bald eagle is the greatest visible symbol of the spirit of freedom and democracy in the world. (3) The bald eagle species is unique to North America and represents the American values and attributes of freedom, courage, strength, spirit, loyalty, justice, equality, democracy, quality, and excellence. (4) The bald eagle is the central image used in the Great Seal of the United States and the seal of many branches and departments of the United States Government, including the President and the Vice President of the United States, the United States Congress, the Department of Defense, the Department of the Treasury, the Department of Justice, the Department of State, the Department of Commerce, the Department of Homeland Security, and the United States Postal Service. (5) The bald eagle’s image and symbolism have played a profound role in establishing and honoring American beliefs and traditions. (6) The bald eagle’s image and symbolism have influenced American art, music, history, literature, commerce, and culture since the founding of our Nation. (7) The bald eagle species was once threatened with possible extinction in the lower 48 States but is now making a gradual, encouraging recovery within America’s lands, waterways, and skies. (8) The bald eagle was federally classified as an endangered species in 1973 under the Endangered Species Act of 1973, and, in 1995, was removed from the endangered species list and upgraded to the less imperiled threatened status under such Act. (9) The administration is likely to officially delist the bald eagle from both the endangered and threatened species lists under the Endangered Species Act of 1973 by no later than 2008. (10) The initial recovery of the bald eagle population in the United States was accomplished by the vigilant efforts of numerous caring agencies, corporations, organizations, and citizens. (11) The continued caring and concern of the American people and the further restoration and protection of the bald eagle and its habitat is necessary to guarantee the full recovery and survival of this precious national treasure for future generations. (12) Since the Endangered Species Act of 1973 requires that delisted species be administratively monitored for a 5-year period, the bald eagle nests in 49 States will require continual monitoring after the bald eagle is removed from the protection of such Act; and such efforts will require substantial funding to the Federal and State agencies and private organizations that will conduct such monitoring. (13) Due to Federal and State budget cutting and balancing trends, funding for on-going bald eagle care, restoration, monitoring, protection, and enhancement programs has diminished annually. (14) In anticipation of the nationwide observance of the official removal, by 2008, of the bald eagle from the threatened species list under the Endangered Species Act of 1973, and the 35th anniversary, in 2008, of the Endangered Species Act of 1973 and the designation of the bald eagle as an endangered species under such Act, Congress wishes to offer the opportunity for all persons to voluntarily participate in raising funds for future bald eagle recovery, monitoring, and preservation efforts and to contribute to a special American Eagle Fund endowment managed by the not-for-profit American Eagle Foundation of Tennessee in the United States, in cooperation with fund management experts. (15) It is appropriate for Congress to authorize coins— (A) celebrating the recovery and restoration of the bald eagle, the living symbol of freedom in the United States, to America’s lands, waterways, and skies; (B) commemorating the removal of the bald eagle from the endangered and threatened species lists under the Endangered Species Act of 1973; and (C) commemorating the 35th anniversary of the enactment of the Endangered Species Act of 1973 and the designation of the bald eagle as an endangered species under such Act. 3. Coin specifications
(a) Denominations
In celebration of the recovery of the bald eagle, the national living symbol of freedom, to America’s lands, waterways, and skies and in commemoration of the 35th anniversary of the enactment of the Endangered Species Act of 1973 and the placement of the bald eagle on the endangered species list under such Act, the Secretary of the Treasury (hereafter in this Act referred to as the Secretary ) shall mint and issue the following coins: (1) $5 gold coins
Not more than 100,000 $5 coins, which shall— (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins
Not more than 500,000 $1 coins, which shall— (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (3) Half dollar clad coins
Not more than 750,000 half dollar coins which shall— (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half dollar coins contained in section 5112(b) of title 31, United States Code. (b) Legal tender
The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic items
For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. 4. Design of coins
(a) Design requirements
(1) In general
The design of the coins minted under this Act shall be emblematic of the bald eagle and its history, natural biology, and national symbolism. (2) Designation and inscriptions
On each coin minted under this Act there shall be— (A) a designation of the value of the coin; (B) an inscription of the year 2008 ; and (C) inscriptions of the words Liberty , In God We Trust , United States of America , and E Pluribus Unum. (b) Selection
The design for the coins minted under this Act shall be— (1) selected by the Secretary after consultation with the Commission of Fine Arts, and the American Eagle Foundation of Tennessee in the United States; and (2) reviewed by the Citizens Coinage Advisory Committee. 5. Issuance of coins
(a) Quality of coins
Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint facility
Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for issuance
The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2008. 6. Sale of coins
(a) Sale price
The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of— (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk sales
The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid orders
(1) In general
The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount
Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. 7. Surcharges
(a) In general
All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 coin. (3) A surcharge of $3 per coin for the half dollar coin. (b) Distribution
Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the American Eagle Foundation of Tennessee in the United States for use solely for the following purposes: (1) To establish an interest-bearing endowment called the American Eagle Fund as a permanent source of support for the care, monitoring, maintenance, and recovery of the bald eagle and its habitat in the United States, including the following: (A) Public education activities and events. (B) Habitat purchases and cooperative land agreements. (C) Raptor rehabilitation and captive breeding and hacking. (D) Behavior and migration research and wintering migration counts. (E) Facilitate the enforcement of laws protecting the bald eagle. (F) Nest-watch monitoring and eaglet banding. (G) Public viewing areas and visitor centers. (2) To make annual grants, in an amount not to exceed 10 percent of the annual income of the American Eagle Fund, to Federal, State, and private eagle restoration, protection, and enhancement projects within the 5 bald eagle recovery regions established by the United States Fish and Wildlife Service, in accordance with recommendations made by an advisory committee of recognized eagle experts which the Foundation shall establish. (3) To administer the American Eagle Fund, including contracting for necessary services, in an annual amount not to exceed the lesser of— (A) 10 percent of the annual income of the American Eagle Fund; or (B) $250,000. (4) To provide financial support for capital projects related to the restoration and protection of bald eagles in Tennessee and in the United States, in general. (5) To provide financial support for the continuation and expansion of the efforts of the American Eagle Foundation of Tennessee in the United States to educate the American people nationally about the livelihood, symbolism, and protection of the bald eagle, the national symbol of the United States, through the dissemination of information regarding bald eagles and their habitat at special events and through the media (including newspapers, magazines, radio, television, the Internet, and billboards). (c) Audits
The American Eagle Foundation of Tennessee in the United States and the American Eagle Fund shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received by the Foundation or the Fund under subsection (b). | 10,443 | [
"Financial Services Committee"
] |
108hr4377ih | 108 | hr | 4,377 | ih | To provide for the review by the Commissioner of Food and Drugs of the process by which the Food and Drug Administration made the decision not to approve the commercial distribution of the emergency-contraceptive drug Plan B as an over-the-counter drug, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the Science Over Politics Act.",
"id": "H989315DA136247D7AA609DEF45DACFF",
"header": "Short title",
"nested": [],
"links": []
},
{
"text": "2. Findings \nThe Congress finds as follows: (1) Emergency contraceptive pills ( ECPs ) are approved for use by the Food and Drug Administration ( FDA ). (2) Emergency contraceptive pills are a concentrated dosage of ordinary birth control pills that can dramatically reduce a woman’s chance of becoming pregnant. (3) If ECPs are taken within 72 hours of contraceptive failure or unprotected sex, ECPs can reduce a woman’s risk of pregnancy by up to 89 percent. (4) Emergency contraceptive pills do not cause abortion but rather prevent pregnancy by inhibiting ovulation, fertilization, or implantation before a pregnancy occurs. (5) Emergency contraception cannot interrupt or disrupt an established pregnancy. (6) Increased use of ECPs could reduce the number of unintended pregnancies and abortions by half. (7) A 2002 study revealed that ECP use was likely responsible for up to 43 percent of the decline in abortions between 1994 and 2000, with ECP use preventing over 50,000 abortions in 2000 alone. (8) Over-the-counter sales of ECPs would be particularly beneficial for sexual assault victims as approximately 25,000 women per year in the United States become pregnant as a result of rape. An estimated 22,000 of these pregnancies, 88 percent, could be prevented if sexual assault victims had timely access to emergency contraception. (9) More than 70 organizations, including the American Nurses Association, the American College of Obstetricians and Gynecologists, the American Academy of Pediatrics, the American Medical Association, the American Public Health Association, and the Association of Reproductive Health Professionals, support over-the-counter access to ECPs. (10) On April 21, 2003, product manufacturers Women’s Capital Corporation submitted an application to the Food and Drug Administration requesting to switch the emergency contraceptive Plan B from prescription-only to over-the-counter ( OTC ) status. (11) ECPs meet all the customary FDA criteria for over-the-counter status in that they are safe and effective, are not associated with any serious or harmful side-effects, are easily self-administered, and require no need for medical supervision. Moreover, ECPs are not harmful to an existing pregnancy and their use does not lead to riskier behavior or less frequent use of other forms of contraception, has no potential for overdose or addiction, is not harmful to an existing pregnancy, is easily self-administered, and requires no need for medical screening. (12) FDA staff and experts appointed to the advisory committees considered volumes of evidence showing that making Plan B available over-the-counter was safe and effective for women of all reproductive age. (13) On December 16, 2003, a joint panel of the FDA’s Reproductive Health Drugs Advisory Committee and Non-Prescription Drugs Advisory Committee voted 28-0 that Plan B could be safely sold as an over-the-counter medication. (14) On December 16, 2003, a joint panel of the FDA’s Reproductive Health Drugs Advisory Committee and Non-prescription Drugs Advisory Committee voted 23-4 to recommend that the FDA approve the application to make Plan B available over-the-counter for women of all ages. (15) The FDA’s rejection of over-the-counter status for Plan B on May 6, 2004, directly contradicted the overwhelming weight of scientific evidence. (16) The limited options offered by the FDA for future consideration of over-the-counter sale of Plan B are not warranted by the volumes of existing evidence and run counter to the advice of the FDA’s independent experts, staff, and precedent. (17) Evidence suggests that the FDA’s decision resulted from an unprecedented political takeover of what is supposed to be an independent scientific review.",
"id": "H47001E31C604452991E6D329D200A5E7",
"header": "Findings",
"nested": [],
"links": []
},
{
"text": "3. FDA denial of OTC status for emergency-contraceptive drug Plan B; review by Commissioner of Food and Drugs \n(a) In general \nNot later than 30 days after the date of the enactment of this Act, the Commissioner of Food and Drugs shall— (1) review the decision of the Food and Drug Administration not to approve the supplemental application submitted under section 505(b) of the Federal Food, Drug, and Cosmetic Act to obtain approval for the commercial distribution of the drug Plan B (levonorgestrel in 0.75 mg. tablet form) as a drug that is not subject to the requirements of section 503(b)(1) of such Act (commonly known as an over-the-counter, or OTC, drug); and (2) affirm, under penalty of law, that such decision— (A) was not politically influenced; (B) was based on sound science; and (C) conformed to precedents and procedures of the Food and Drug Administration. (b) Publication in Federal Register \nThe affirmation under subsection (a) shall be made through a statement published in the Federal Register.",
"id": "H02E7785FF2564753866784609BD05518",
"header": "FDA denial of OTC status for emergency-contraceptive drug Plan B; review by Commissioner of Food and Drugs",
"nested": [
{
"text": "(a) In general \nNot later than 30 days after the date of the enactment of this Act, the Commissioner of Food and Drugs shall— (1) review the decision of the Food and Drug Administration not to approve the supplemental application submitted under section 505(b) of the Federal Food, Drug, and Cosmetic Act to obtain approval for the commercial distribution of the drug Plan B (levonorgestrel in 0.75 mg. tablet form) as a drug that is not subject to the requirements of section 503(b)(1) of such Act (commonly known as an over-the-counter, or OTC, drug); and (2) affirm, under penalty of law, that such decision— (A) was not politically influenced; (B) was based on sound science; and (C) conformed to precedents and procedures of the Food and Drug Administration.",
"id": "H0E2440B160614B21BBDE2F00007D6692",
"header": "In general",
"nested": [],
"links": []
},
{
"text": "(b) Publication in Federal Register \nThe affirmation under subsection (a) shall be made through a statement published in the Federal Register.",
"id": "H32ED2EBDB0F748CC96D6165CFB13CBD8",
"header": "Publication in Federal Register",
"nested": [],
"links": []
}
],
"links": []
}
] | 3 | 1. Short title
This Act may be cited as the Science Over Politics Act. 2. Findings
The Congress finds as follows: (1) Emergency contraceptive pills ( ECPs ) are approved for use by the Food and Drug Administration ( FDA ). (2) Emergency contraceptive pills are a concentrated dosage of ordinary birth control pills that can dramatically reduce a woman’s chance of becoming pregnant. (3) If ECPs are taken within 72 hours of contraceptive failure or unprotected sex, ECPs can reduce a woman’s risk of pregnancy by up to 89 percent. (4) Emergency contraceptive pills do not cause abortion but rather prevent pregnancy by inhibiting ovulation, fertilization, or implantation before a pregnancy occurs. (5) Emergency contraception cannot interrupt or disrupt an established pregnancy. (6) Increased use of ECPs could reduce the number of unintended pregnancies and abortions by half. (7) A 2002 study revealed that ECP use was likely responsible for up to 43 percent of the decline in abortions between 1994 and 2000, with ECP use preventing over 50,000 abortions in 2000 alone. (8) Over-the-counter sales of ECPs would be particularly beneficial for sexual assault victims as approximately 25,000 women per year in the United States become pregnant as a result of rape. An estimated 22,000 of these pregnancies, 88 percent, could be prevented if sexual assault victims had timely access to emergency contraception. (9) More than 70 organizations, including the American Nurses Association, the American College of Obstetricians and Gynecologists, the American Academy of Pediatrics, the American Medical Association, the American Public Health Association, and the Association of Reproductive Health Professionals, support over-the-counter access to ECPs. (10) On April 21, 2003, product manufacturers Women’s Capital Corporation submitted an application to the Food and Drug Administration requesting to switch the emergency contraceptive Plan B from prescription-only to over-the-counter ( OTC ) status. (11) ECPs meet all the customary FDA criteria for over-the-counter status in that they are safe and effective, are not associated with any serious or harmful side-effects, are easily self-administered, and require no need for medical supervision. Moreover, ECPs are not harmful to an existing pregnancy and their use does not lead to riskier behavior or less frequent use of other forms of contraception, has no potential for overdose or addiction, is not harmful to an existing pregnancy, is easily self-administered, and requires no need for medical screening. (12) FDA staff and experts appointed to the advisory committees considered volumes of evidence showing that making Plan B available over-the-counter was safe and effective for women of all reproductive age. (13) On December 16, 2003, a joint panel of the FDA’s Reproductive Health Drugs Advisory Committee and Non-Prescription Drugs Advisory Committee voted 28-0 that Plan B could be safely sold as an over-the-counter medication. (14) On December 16, 2003, a joint panel of the FDA’s Reproductive Health Drugs Advisory Committee and Non-prescription Drugs Advisory Committee voted 23-4 to recommend that the FDA approve the application to make Plan B available over-the-counter for women of all ages. (15) The FDA’s rejection of over-the-counter status for Plan B on May 6, 2004, directly contradicted the overwhelming weight of scientific evidence. (16) The limited options offered by the FDA for future consideration of over-the-counter sale of Plan B are not warranted by the volumes of existing evidence and run counter to the advice of the FDA’s independent experts, staff, and precedent. (17) Evidence suggests that the FDA’s decision resulted from an unprecedented political takeover of what is supposed to be an independent scientific review. 3. FDA denial of OTC status for emergency-contraceptive drug Plan B; review by Commissioner of Food and Drugs
(a) In general
Not later than 30 days after the date of the enactment of this Act, the Commissioner of Food and Drugs shall— (1) review the decision of the Food and Drug Administration not to approve the supplemental application submitted under section 505(b) of the Federal Food, Drug, and Cosmetic Act to obtain approval for the commercial distribution of the drug Plan B (levonorgestrel in 0.75 mg. tablet form) as a drug that is not subject to the requirements of section 503(b)(1) of such Act (commonly known as an over-the-counter, or OTC, drug); and (2) affirm, under penalty of law, that such decision— (A) was not politically influenced; (B) was based on sound science; and (C) conformed to precedents and procedures of the Food and Drug Administration. (b) Publication in Federal Register
The affirmation under subsection (a) shall be made through a statement published in the Federal Register. | 4,837 | [
"Energy and Commerce Committee"
] |
108hr4428ih | 108 | hr | 4,428 | ih | To extend trade benefits to certain tents imported into the United States. | [
{
"text": "1. Duty free treatment for tents from certain middle eastern countries \n(a) Duty free treatment \nNotwithstanding any other provision of law, the President shall provide duty-free treatment for any eligible article from a beneficiary country designated under section 2. (b) Eligible article \nFor purposes of this Act, the term eligible article means any tent with a sewn in floor and base size less than 20´ by 20´ classified under subheading 6306.22.90 of the Harmonized Tariff Schedule of the United States.",
"id": "H15C82978CA6641E5B9386D00C84D9500",
"header": "Duty free treatment for tents from certain middle eastern countries",
"nested": [
{
"text": "(a) Duty free treatment \nNotwithstanding any other provision of law, the President shall provide duty-free treatment for any eligible article from a beneficiary country designated under section 2.",
"id": "H02AFFF877BAB4AF7ABE4F4C3EBD00D4",
"header": "Duty free treatment",
"nested": [],
"links": []
},
{
"text": "(b) Eligible article \nFor purposes of this Act, the term eligible article means any tent with a sewn in floor and base size less than 20´ by 20´ classified under subheading 6306.22.90 of the Harmonized Tariff Schedule of the United States.",
"id": "HA294317C9CC44D37B65B9C3DFB6D3E4B",
"header": "Eligible article",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "2. Designation of eligible countries \n(a) In general \nThe President shall, upon the enactment of this Act designate each country listed in subsection (d) as a beneficiary country unless, and shall thereafter withdraw such designation from any such countries if— (1) the country is listed by the United States Department of State as a state sponsor of terrorism; or (2) the country engages in activities that undermine United States national security or foreign policy interests. (b) Reviews \nBeginning 1 year after the date of the enactment of this Act, and annually thereafter, the President shall conduct a review to determine if a basis exists for withdrawing the designation of a country as a beneficiary country under this Act. In determining whether or not to withdraw such designation, the President shall consider— (1) whether or not the country has established, or is making continual progress toward establishing— (A) a market-based economy that protects private property rights, incorporates an open rules-based trading system, and minimizes government interference in the economy through measures such as price controls, subsidies, and government ownership of economic assets; (B) the rule of law and the right to due process, a fair trial, and equal protection under the law; (C) political pluralism, a climate free of political intimidation and restrictions on peaceful political activity, and democratic elections that meet international standards of fairness, transparency, and participation; (D) the elimination of barriers to United States trade and investment, including by— (i) providing national treatment and measures to create an environment conducive to domestic and foreign investment; (ii) protecting intellectual property; and (iii) resolving bilateral trade and investment disputes; (E) economic policies that reduce poverty, increase the availability of health care and educational opportunities, expand physical infrastructure, promote the development of private enterprise, and encourage the formation of capital markets through micro-credit or other programs; (F) a system to combat corruption and bribery, such as signing and implementing the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions; (G) protection of internationally recognized worker rights, including the right of association, the right to organize and bargain collectively, a prohibition on the use of any form of forced or compulsory labor, a minimum age for the employment of children, and acceptable conditions of work; and (H) policies that provide a high level of environmental protection; (2) the country’s record on activities that undermine United States national security or foreign policy interests, and support of a peaceful resolution of the Israeli-Palestinian conflict; (3) whether the country is a signatory of the United Nations Declaration of Human Rights, engages in gross violations of internationally recognized human rights, and is making continuing and verifiable progress on the protection of internationally recognized human rights, including freedom of speech and press, freedom of peaceful assembly and association, and freedom of religion; (4) the country’s participation in the primary, secondary, or tertiary economic boycott of Israel; and (5) whether the country otherwise meets the eligibility criteria set forth in subsection (b)(2) of section 502 of the Trade Act of 1974 ( 19 U.S.C. 2462 ), other than subparagraph (B) of such subsection. (c) Continuing compliance \nIf the President determines under subsection (b) that a country should no longer be designated as a beneficiary country, the President shall withdraw such designation. (d) Countries eligible for designation \nThe countries referred to in subsection (a) are the following countries of the greater Middle East or their successor political entities: (1) Afghanistan. (2) Algeria. (3) Azerbaijan. (4) Bahrain. (5) Bangladesh. (6) Egypt. (7) Iraq. (8) Kuwait. (9) Lebanon. (10) Morocco. (11) Oman. (12) Pakistan. (13) Qatar. (14) Saudi Arabia. (15) Tunisia. (16) Turkey. (17) United Arab Emirates. (18) Yemen. (e) The Palestinian authority \n(1) Designation \nThe President is authorized to designate the Palestinian Authority or its successor political entity as a beneficiary political entity which, if so designated, shall be eligible for the duty-free treatment under this Act as if it were a beneficiary country, if the President determines that the Palestinian Authority— (A) does not participate in acts of terrorism, takes active measures to combat terrorism, and cooperates fully in international efforts to combat terrorism; (B) does not engage in activities that undermine United States national security or foreign policy interests; (C) does not engage in gross violations of internationally recognized human rights, and is making continuing and verifiable progress on the protection of internationally recognized human rights, including freedom of speech and the press, freedom of peaceful assembly and association, and freedom of religion; and (D) accepts Israel’s right to exist in peace within secure borders. (2) Withdrawal \nThe President shall withdraw the designation of the Palestinian Authority under paragraph (1) at any time that the President determines that the Palestinian Authority no longer meets the requirements of paragraph (1). (f) Notification of Congress \nIn any case in which the President withdraws the designation of a country as a beneficiary country under subsection (a) or (c), or withdraws the designation of the Palestinian Authority under subsection (d)(2), the President shall notify the Congress of such withdrawal and the reasons therefor.",
"id": "HD1F3146A85A14637B9A218F5F88BBC2D",
"header": "Designation of eligible countries",
"nested": [
{
"text": "(a) In general \nThe President shall, upon the enactment of this Act designate each country listed in subsection (d) as a beneficiary country unless, and shall thereafter withdraw such designation from any such countries if— (1) the country is listed by the United States Department of State as a state sponsor of terrorism; or (2) the country engages in activities that undermine United States national security or foreign policy interests.",
"id": "H444EFAFF75BE44F4B4723C3263635129",
"header": "In general",
"nested": [],
"links": []
},
{
"text": "(b) Reviews \nBeginning 1 year after the date of the enactment of this Act, and annually thereafter, the President shall conduct a review to determine if a basis exists for withdrawing the designation of a country as a beneficiary country under this Act. In determining whether or not to withdraw such designation, the President shall consider— (1) whether or not the country has established, or is making continual progress toward establishing— (A) a market-based economy that protects private property rights, incorporates an open rules-based trading system, and minimizes government interference in the economy through measures such as price controls, subsidies, and government ownership of economic assets; (B) the rule of law and the right to due process, a fair trial, and equal protection under the law; (C) political pluralism, a climate free of political intimidation and restrictions on peaceful political activity, and democratic elections that meet international standards of fairness, transparency, and participation; (D) the elimination of barriers to United States trade and investment, including by— (i) providing national treatment and measures to create an environment conducive to domestic and foreign investment; (ii) protecting intellectual property; and (iii) resolving bilateral trade and investment disputes; (E) economic policies that reduce poverty, increase the availability of health care and educational opportunities, expand physical infrastructure, promote the development of private enterprise, and encourage the formation of capital markets through micro-credit or other programs; (F) a system to combat corruption and bribery, such as signing and implementing the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions; (G) protection of internationally recognized worker rights, including the right of association, the right to organize and bargain collectively, a prohibition on the use of any form of forced or compulsory labor, a minimum age for the employment of children, and acceptable conditions of work; and (H) policies that provide a high level of environmental protection; (2) the country’s record on activities that undermine United States national security or foreign policy interests, and support of a peaceful resolution of the Israeli-Palestinian conflict; (3) whether the country is a signatory of the United Nations Declaration of Human Rights, engages in gross violations of internationally recognized human rights, and is making continuing and verifiable progress on the protection of internationally recognized human rights, including freedom of speech and press, freedom of peaceful assembly and association, and freedom of religion; (4) the country’s participation in the primary, secondary, or tertiary economic boycott of Israel; and (5) whether the country otherwise meets the eligibility criteria set forth in subsection (b)(2) of section 502 of the Trade Act of 1974 ( 19 U.S.C. 2462 ), other than subparagraph (B) of such subsection.",
"id": "HCFBA27686AB74B88AEDB3D11BDE58B08",
"header": "Reviews",
"nested": [],
"links": [
{
"text": "19 U.S.C. 2462",
"legal-doc": "usc",
"parsable-cite": "usc/19/2462"
}
]
},
{
"text": "(c) Continuing compliance \nIf the President determines under subsection (b) that a country should no longer be designated as a beneficiary country, the President shall withdraw such designation.",
"id": "HB187EFCA11964EBA87639B15292385AC",
"header": "Continuing compliance",
"nested": [],
"links": []
},
{
"text": "(d) Countries eligible for designation \nThe countries referred to in subsection (a) are the following countries of the greater Middle East or their successor political entities: (1) Afghanistan. (2) Algeria. (3) Azerbaijan. (4) Bahrain. (5) Bangladesh. (6) Egypt. (7) Iraq. (8) Kuwait. (9) Lebanon. (10) Morocco. (11) Oman. (12) Pakistan. (13) Qatar. (14) Saudi Arabia. (15) Tunisia. (16) Turkey. (17) United Arab Emirates. (18) Yemen.",
"id": "HEF45E20364204668A541E2552D73BDCE",
"header": "Countries eligible for designation",
"nested": [],
"links": []
},
{
"text": "(e) The Palestinian authority \n(1) Designation \nThe President is authorized to designate the Palestinian Authority or its successor political entity as a beneficiary political entity which, if so designated, shall be eligible for the duty-free treatment under this Act as if it were a beneficiary country, if the President determines that the Palestinian Authority— (A) does not participate in acts of terrorism, takes active measures to combat terrorism, and cooperates fully in international efforts to combat terrorism; (B) does not engage in activities that undermine United States national security or foreign policy interests; (C) does not engage in gross violations of internationally recognized human rights, and is making continuing and verifiable progress on the protection of internationally recognized human rights, including freedom of speech and the press, freedom of peaceful assembly and association, and freedom of religion; and (D) accepts Israel’s right to exist in peace within secure borders. (2) Withdrawal \nThe President shall withdraw the designation of the Palestinian Authority under paragraph (1) at any time that the President determines that the Palestinian Authority no longer meets the requirements of paragraph (1).",
"id": "H19341666D9834F7099EFD000CF3F1DDA",
"header": "The Palestinian authority",
"nested": [],
"links": []
},
{
"text": "(f) Notification of Congress \nIn any case in which the President withdraws the designation of a country as a beneficiary country under subsection (a) or (c), or withdraws the designation of the Palestinian Authority under subsection (d)(2), the President shall notify the Congress of such withdrawal and the reasons therefor.",
"id": "H4876EA4AF56F42648D28F6F16383EF32",
"header": "Notification of Congress",
"nested": [],
"links": []
}
],
"links": [
{
"text": "19 U.S.C. 2462",
"legal-doc": "usc",
"parsable-cite": "usc/19/2462"
}
]
},
{
"text": "3. Rule of origin general rule \n(a) General rule \n(1) Duty-free treatment \nThe duty-free treatment provided under this Act shall apply to any article which is the growth, product, or manufacture of 1 or more beneficiary countries if— (A) that article is imported directly from a beneficiary country into the customs territory of the United States; and (B) the sum of— (i) the cost or value of the materials produced in 1 or more beneficiary countries, plus (ii) the direct cost of processing operations performed in such beneficiary country or countries, is not less than 35 percent of the appraised value of such article at the time it is entered. (2) U.S. Content \nFor purposes of determining the percentage referred to in paragraph (1)(B), if the cost or value of materials produced in the customs territory of the United States is included with respect to an article to which this paragraph applies, an amount not to exceed 15 percent of the appraised value of the article at the time it is entered that is attributed to such United States cost or value may be applied toward determining the percentage referred to in paragraph (1)(B). (b) Definition \nIn this section, the term entered means entered, or withdrawn from warehouse for consumption, in the customs territory of the United States.",
"id": "HFF26C2025AB049EEA900111049D0CFCC",
"header": "Rule of origin general rule",
"nested": [
{
"text": "(a) General rule \n(1) Duty-free treatment \nThe duty-free treatment provided under this Act shall apply to any article which is the growth, product, or manufacture of 1 or more beneficiary countries if— (A) that article is imported directly from a beneficiary country into the customs territory of the United States; and (B) the sum of— (i) the cost or value of the materials produced in 1 or more beneficiary countries, plus (ii) the direct cost of processing operations performed in such beneficiary country or countries, is not less than 35 percent of the appraised value of such article at the time it is entered. (2) U.S. Content \nFor purposes of determining the percentage referred to in paragraph (1)(B), if the cost or value of materials produced in the customs territory of the United States is included with respect to an article to which this paragraph applies, an amount not to exceed 15 percent of the appraised value of the article at the time it is entered that is attributed to such United States cost or value may be applied toward determining the percentage referred to in paragraph (1)(B).",
"id": "H5E87F3F2426F44B3A200E79E9BCBD9F",
"header": "General rule",
"nested": [],
"links": []
},
{
"text": "(b) Definition \nIn this section, the term entered means entered, or withdrawn from warehouse for consumption, in the customs territory of the United States.",
"id": "H68444E2B66774D82AB7D83FA4C403B71",
"header": "Definition",
"nested": [],
"links": []
}
],
"links": []
}
] | 3 | 1. Duty free treatment for tents from certain middle eastern countries
(a) Duty free treatment
Notwithstanding any other provision of law, the President shall provide duty-free treatment for any eligible article from a beneficiary country designated under section 2. (b) Eligible article
For purposes of this Act, the term eligible article means any tent with a sewn in floor and base size less than 20´ by 20´ classified under subheading 6306.22.90 of the Harmonized Tariff Schedule of the United States. 2. Designation of eligible countries
(a) In general
The President shall, upon the enactment of this Act designate each country listed in subsection (d) as a beneficiary country unless, and shall thereafter withdraw such designation from any such countries if— (1) the country is listed by the United States Department of State as a state sponsor of terrorism; or (2) the country engages in activities that undermine United States national security or foreign policy interests. (b) Reviews
Beginning 1 year after the date of the enactment of this Act, and annually thereafter, the President shall conduct a review to determine if a basis exists for withdrawing the designation of a country as a beneficiary country under this Act. In determining whether or not to withdraw such designation, the President shall consider— (1) whether or not the country has established, or is making continual progress toward establishing— (A) a market-based economy that protects private property rights, incorporates an open rules-based trading system, and minimizes government interference in the economy through measures such as price controls, subsidies, and government ownership of economic assets; (B) the rule of law and the right to due process, a fair trial, and equal protection under the law; (C) political pluralism, a climate free of political intimidation and restrictions on peaceful political activity, and democratic elections that meet international standards of fairness, transparency, and participation; (D) the elimination of barriers to United States trade and investment, including by— (i) providing national treatment and measures to create an environment conducive to domestic and foreign investment; (ii) protecting intellectual property; and (iii) resolving bilateral trade and investment disputes; (E) economic policies that reduce poverty, increase the availability of health care and educational opportunities, expand physical infrastructure, promote the development of private enterprise, and encourage the formation of capital markets through micro-credit or other programs; (F) a system to combat corruption and bribery, such as signing and implementing the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions; (G) protection of internationally recognized worker rights, including the right of association, the right to organize and bargain collectively, a prohibition on the use of any form of forced or compulsory labor, a minimum age for the employment of children, and acceptable conditions of work; and (H) policies that provide a high level of environmental protection; (2) the country’s record on activities that undermine United States national security or foreign policy interests, and support of a peaceful resolution of the Israeli-Palestinian conflict; (3) whether the country is a signatory of the United Nations Declaration of Human Rights, engages in gross violations of internationally recognized human rights, and is making continuing and verifiable progress on the protection of internationally recognized human rights, including freedom of speech and press, freedom of peaceful assembly and association, and freedom of religion; (4) the country’s participation in the primary, secondary, or tertiary economic boycott of Israel; and (5) whether the country otherwise meets the eligibility criteria set forth in subsection (b)(2) of section 502 of the Trade Act of 1974 ( 19 U.S.C. 2462 ), other than subparagraph (B) of such subsection. (c) Continuing compliance
If the President determines under subsection (b) that a country should no longer be designated as a beneficiary country, the President shall withdraw such designation. (d) Countries eligible for designation
The countries referred to in subsection (a) are the following countries of the greater Middle East or their successor political entities: (1) Afghanistan. (2) Algeria. (3) Azerbaijan. (4) Bahrain. (5) Bangladesh. (6) Egypt. (7) Iraq. (8) Kuwait. (9) Lebanon. (10) Morocco. (11) Oman. (12) Pakistan. (13) Qatar. (14) Saudi Arabia. (15) Tunisia. (16) Turkey. (17) United Arab Emirates. (18) Yemen. (e) The Palestinian authority
(1) Designation
The President is authorized to designate the Palestinian Authority or its successor political entity as a beneficiary political entity which, if so designated, shall be eligible for the duty-free treatment under this Act as if it were a beneficiary country, if the President determines that the Palestinian Authority— (A) does not participate in acts of terrorism, takes active measures to combat terrorism, and cooperates fully in international efforts to combat terrorism; (B) does not engage in activities that undermine United States national security or foreign policy interests; (C) does not engage in gross violations of internationally recognized human rights, and is making continuing and verifiable progress on the protection of internationally recognized human rights, including freedom of speech and the press, freedom of peaceful assembly and association, and freedom of religion; and (D) accepts Israel’s right to exist in peace within secure borders. (2) Withdrawal
The President shall withdraw the designation of the Palestinian Authority under paragraph (1) at any time that the President determines that the Palestinian Authority no longer meets the requirements of paragraph (1). (f) Notification of Congress
In any case in which the President withdraws the designation of a country as a beneficiary country under subsection (a) or (c), or withdraws the designation of the Palestinian Authority under subsection (d)(2), the President shall notify the Congress of such withdrawal and the reasons therefor. 3. Rule of origin general rule
(a) General rule
(1) Duty-free treatment
The duty-free treatment provided under this Act shall apply to any article which is the growth, product, or manufacture of 1 or more beneficiary countries if— (A) that article is imported directly from a beneficiary country into the customs territory of the United States; and (B) the sum of— (i) the cost or value of the materials produced in 1 or more beneficiary countries, plus (ii) the direct cost of processing operations performed in such beneficiary country or countries, is not less than 35 percent of the appraised value of such article at the time it is entered. (2) U.S. Content
For purposes of determining the percentage referred to in paragraph (1)(B), if the cost or value of materials produced in the customs territory of the United States is included with respect to an article to which this paragraph applies, an amount not to exceed 15 percent of the appraised value of the article at the time it is entered that is attributed to such United States cost or value may be applied toward determining the percentage referred to in paragraph (1)(B). (b) Definition
In this section, the term entered means entered, or withdrawn from warehouse for consumption, in the customs territory of the United States. | 7,535 | [
"Ways and Means Committee"
] |
108hr5032ih | 108 | hr | 5,032 | ih | To require the Nuclear Regulatory Commission to consider certain criteria in relicensing nuclear facilities, and to provide for an independent assessment of the Oyster Creek Nuclear Generating Station by the National Academy of Sciences prior to any relicensing of that facility. | [
{
"text": "1. Congressional findings \nThe Congress finds the following: (1) The Oyster Creek Nuclear Generating Station, operating for over 35 years, is the oldest nuclear facility in the country. (2) More than 3,500,000 people now reside within a 50-mile radius of Oyster Creek. (3) Nuclear power plants have been identified as inviting targets for terrorist attacks. (4) It is necessary to assess the safety, performance, and reliability of the Nation’s oldest operating reactor. (5) An independent assessment will help in determining if the plant can continue to maintain adequate levels of safety.",
"id": "H65EE7C433B674915B3032E00007144DA",
"header": "Congressional findings",
"nested": [],
"links": []
},
{
"text": "2. Relicensing criteria for nuclear facilities \nSection 182 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2232 ) is amended by adding at the end the following new subsection: e. In determining whether to approve an application for relicensing, the Commission shall evaluate the facility with respect to health risks, vulnerability to terrorist attack, evacuation plans, population increases, ability to store nuclear waste, safety and security record, and the impact of a nuclear accident..",
"id": "H292F1BADD49A45C1BDAEB7CEAA0057DD",
"header": "Relicensing criteria for nuclear facilities",
"nested": [],
"links": [
{
"text": "42 U.S.C. 2232",
"legal-doc": "usc",
"parsable-cite": "usc/42/2232"
}
]
},
{
"text": "3. Independent assessment of oyster creek nuclear generating station \n(a) In general \nThe Nuclear Regulatory Commission shall not relicense the Oyster Creek Nuclear Generating Station until— (1) at least 90 days have expired after it has transmitted under subsection (e) the recommendations from the National Academy of Sciences; and (2) it has given appropriate consideration to those recommendations. (b) Assessment by national academy of sciences \nThe Nuclear Regulatory Commission shall enter into an arrangement with the National Academy of Sciences to provide, with respect to the Oyster Creek Nuclear Generating Station, an independent assessment of safety performance along with recommendations for relicensing and relicensing conditions. (c) Functions \nPursuant to guidelines provided by the Nuclear Regulatory Commission, the National Academy of Sciences shall— (1) provide an independent assessment of the conformance of Oyster Creek Nuclear Generating Station to its design and licensing bases, including appropriate reviews at the site and corporate offices; (2) provide an independent assessment of operational safety performance, identifying risk factors where appropriate; (3) provide an independent assessment of health risks, vulnerability to terrorist attack, evacuation plans, population increases, ability to store nuclear waste, safety and security record, and the impact of a nuclear accident; (4) evaluate the effectiveness of licensee self-assessments, corrective actions, and improvement plans; and (5) determine the cause or causes of safety problems and assess overall performance. (d) Access \nThe Nuclear Regulatory Commission shall issue such orders as are necessary to ensure appropriate access for the National Academy of Sciences to carry out this section. (e) Report \nNot later than 180 days after the date of enactment of this Act, the Nuclear Regulatory Commission shall transmit to the Congress the report received from the National Academy of Sciences under this section.",
"id": "HE90920F0F8A54E53A155D40E0D9FF69",
"header": "Independent assessment of oyster creek nuclear generating station",
"nested": [
{
"text": "(a) In general \nThe Nuclear Regulatory Commission shall not relicense the Oyster Creek Nuclear Generating Station until— (1) at least 90 days have expired after it has transmitted under subsection (e) the recommendations from the National Academy of Sciences; and (2) it has given appropriate consideration to those recommendations.",
"id": "H920C691099134C32B32E8EA7A6DD6CCA",
"header": "In general",
"nested": [],
"links": []
},
{
"text": "(b) Assessment by national academy of sciences \nThe Nuclear Regulatory Commission shall enter into an arrangement with the National Academy of Sciences to provide, with respect to the Oyster Creek Nuclear Generating Station, an independent assessment of safety performance along with recommendations for relicensing and relicensing conditions.",
"id": "H014EE1DF2A2349AA93337C9C1D01D914",
"header": "Assessment by national academy of sciences",
"nested": [],
"links": []
},
{
"text": "(c) Functions \nPursuant to guidelines provided by the Nuclear Regulatory Commission, the National Academy of Sciences shall— (1) provide an independent assessment of the conformance of Oyster Creek Nuclear Generating Station to its design and licensing bases, including appropriate reviews at the site and corporate offices; (2) provide an independent assessment of operational safety performance, identifying risk factors where appropriate; (3) provide an independent assessment of health risks, vulnerability to terrorist attack, evacuation plans, population increases, ability to store nuclear waste, safety and security record, and the impact of a nuclear accident; (4) evaluate the effectiveness of licensee self-assessments, corrective actions, and improvement plans; and (5) determine the cause or causes of safety problems and assess overall performance.",
"id": "HA8D1AFEABD0A4DB084CCAEBD6DABA",
"header": "Functions",
"nested": [],
"links": []
},
{
"text": "(d) Access \nThe Nuclear Regulatory Commission shall issue such orders as are necessary to ensure appropriate access for the National Academy of Sciences to carry out this section.",
"id": "HCFAF6425B0FB456BAF95814751C32D4",
"header": "Access",
"nested": [],
"links": []
},
{
"text": "(e) Report \nNot later than 180 days after the date of enactment of this Act, the Nuclear Regulatory Commission shall transmit to the Congress the report received from the National Academy of Sciences under this section.",
"id": "H89CF52678E4345998C9900B34ED87FC6",
"header": "Report",
"nested": [],
"links": []
}
],
"links": []
}
] | 3 | 1. Congressional findings
The Congress finds the following: (1) The Oyster Creek Nuclear Generating Station, operating for over 35 years, is the oldest nuclear facility in the country. (2) More than 3,500,000 people now reside within a 50-mile radius of Oyster Creek. (3) Nuclear power plants have been identified as inviting targets for terrorist attacks. (4) It is necessary to assess the safety, performance, and reliability of the Nation’s oldest operating reactor. (5) An independent assessment will help in determining if the plant can continue to maintain adequate levels of safety. 2. Relicensing criteria for nuclear facilities
Section 182 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2232 ) is amended by adding at the end the following new subsection: e. In determining whether to approve an application for relicensing, the Commission shall evaluate the facility with respect to health risks, vulnerability to terrorist attack, evacuation plans, population increases, ability to store nuclear waste, safety and security record, and the impact of a nuclear accident.. 3. Independent assessment of oyster creek nuclear generating station
(a) In general
The Nuclear Regulatory Commission shall not relicense the Oyster Creek Nuclear Generating Station until— (1) at least 90 days have expired after it has transmitted under subsection (e) the recommendations from the National Academy of Sciences; and (2) it has given appropriate consideration to those recommendations. (b) Assessment by national academy of sciences
The Nuclear Regulatory Commission shall enter into an arrangement with the National Academy of Sciences to provide, with respect to the Oyster Creek Nuclear Generating Station, an independent assessment of safety performance along with recommendations for relicensing and relicensing conditions. (c) Functions
Pursuant to guidelines provided by the Nuclear Regulatory Commission, the National Academy of Sciences shall— (1) provide an independent assessment of the conformance of Oyster Creek Nuclear Generating Station to its design and licensing bases, including appropriate reviews at the site and corporate offices; (2) provide an independent assessment of operational safety performance, identifying risk factors where appropriate; (3) provide an independent assessment of health risks, vulnerability to terrorist attack, evacuation plans, population increases, ability to store nuclear waste, safety and security record, and the impact of a nuclear accident; (4) evaluate the effectiveness of licensee self-assessments, corrective actions, and improvement plans; and (5) determine the cause or causes of safety problems and assess overall performance. (d) Access
The Nuclear Regulatory Commission shall issue such orders as are necessary to ensure appropriate access for the National Academy of Sciences to carry out this section. (e) Report
Not later than 180 days after the date of enactment of this Act, the Nuclear Regulatory Commission shall transmit to the Congress the report received from the National Academy of Sciences under this section. | 3,090 | [
"Energy and Commerce Committee"
] |
108hr5115ih | 108 | hr | 5,115 | ih | To award posthumously a Congressional gold medal to Constantino Brumidi. | [
{
"text": "1. Findings \nCongress finds the following: (1) On July 26, 1805, Constantino Brumidi was born in Rome, Italy of an Italian mother and a Greek father who inspired him with a love of liberty. (2) While Constantino Brumidi’s Greek ancestry stirred his passion for liberty and citizenship, his Italian heritage provided the art styles of the Renaissance and the Baroque which influenced the artwork of the United States Capitol. (3) Constantino Brumidi became a citizen of the United States as soon as he was able, embracing its history, values, and ideals. (4) Beginning in 1855, Constantino Brumidi designed and decorated one House and five Senate committee rooms in the Capitol, as well as the Senate Reception Room, the Office of the Vice President, and, most notably, the President’s Room, which represents Brumidi’s supreme effort “to make beautiful the Capitol” of the United States. (5) In 1865 Constantino Brumidi completed in just 11 months his masterpiece, “The Apotheosis of Washington,” in the eye of the Capitol dome. (6) In 1871 Constantino Brumidi created the first tribute to an African American in the Capitol when he placed the figure of Crispus Attucks at the center of his fresco of the Boston Massacre. (7) In 1878 Constantino Brumidi at the age of 72 and in poor health, began work on the Rotunda frieze, which chronicles the history of America. (8) On February 19, 1880, Constantino Brumidi died at the age of 74, four and a half months after slipping and nearly falling from a scaffold while working on the Rotunda frieze. (9) Constantino Brumidi, proud of his artistic accomplishments and devoted to his adopted country, said, “My one ambition and my daily prayer is that I may live long enough to make beautiful the Capitol of the one country on earth in which there is liberty.”. (10) Constantino Brumidi’s life and work exemplify the lives of millions of immigrants who came to pursue the American dream. (11) 2005 marks the bicentennial of Constantino Brumidi’s birth.",
"id": "H7D003321BAFC48838706C307C6369685",
"header": "Findings",
"nested": [],
"links": []
},
{
"text": "2. Congressional Gold Medal \n(a) Presentation authorized \nThe Speaker of the House of Representatives and the President Pro Tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design, to the family of Constantino Brumidi, in recognition of the contributions of Constantino Brumidi to the Nation. (b) Design and striking \nFor purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the Secretary ) shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary.",
"id": "H97BF887061644646876593DBCA7EE0DB",
"header": "Congressional Gold Medal",
"nested": [
{
"text": "(a) Presentation authorized \nThe Speaker of the House of Representatives and the President Pro Tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design, to the family of Constantino Brumidi, in recognition of the contributions of Constantino Brumidi to the Nation.",
"id": "H19AF9A91CD9944BCA24F122231039F83",
"header": "Presentation authorized",
"nested": [],
"links": []
},
{
"text": "(b) Design and striking \nFor purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the Secretary ) shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary.",
"id": "H44FAB936AFBB4A9F8400DB6637006352",
"header": "Design and striking",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "3. Duplicate medals \nThe Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 2 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal.",
"id": "H038D4628BD0F4D82951BB8FF952B81F7",
"header": "Duplicate medals",
"nested": [],
"links": []
},
{
"text": "4. Status of medals \n(a) National medals \nThe medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic items \nFor purposes of section 5134 of title 31, Unites States Code, all medals struck under this Act shall be considered to be numismatic items.",
"id": "HAB2C987D4A824210A399AF23818C4139",
"header": "Status of medals",
"nested": [
{
"text": "(a) National medals \nThe medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code.",
"id": "H5F862D46187849A787EF98969DC4CBA8",
"header": "National medals",
"nested": [],
"links": [
{
"text": "chapter 51",
"legal-doc": "usc-chapter",
"parsable-cite": "usc-chapter/31/51"
}
]
},
{
"text": "(b) Numismatic items \nFor purposes of section 5134 of title 31, Unites States Code, all medals struck under this Act shall be considered to be numismatic items.",
"id": "H5B622B5727104E4F96FEE53C81EE81D",
"header": "Numismatic items",
"nested": [],
"links": [
{
"text": "section 5134",
"legal-doc": "usc",
"parsable-cite": "usc/31/5134"
}
]
}
],
"links": [
{
"text": "chapter 51",
"legal-doc": "usc-chapter",
"parsable-cite": "usc-chapter/31/51"
},
{
"text": "section 5134",
"legal-doc": "usc",
"parsable-cite": "usc/31/5134"
}
]
},
{
"text": "5. Authority to use fund amounts; proceeds of sale \n(a) Authority to use fund amounts \nThere is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the costs of the medals struck pursuant to this Act. (b) Proceeds of sale \nAmounts received from the sale of duplicate bronze medals authorized under section 3 shall be deposited into the United States Mint Public Enterprise Fund.",
"id": "HF4A7449A5A014AA500685DC0EBD0303",
"header": "Authority to use fund amounts; proceeds of sale",
"nested": [
{
"text": "(a) Authority to use fund amounts \nThere is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the costs of the medals struck pursuant to this Act.",
"id": "H8E46912CDFC440E99C4465C9D49CDB03",
"header": "Authority to use fund amounts",
"nested": [],
"links": []
},
{
"text": "(b) Proceeds of sale \nAmounts received from the sale of duplicate bronze medals authorized under section 3 shall be deposited into the United States Mint Public Enterprise Fund.",
"id": "H274422DD1D354DC6A342E075B23CCABB",
"header": "Proceeds of sale",
"nested": [],
"links": []
}
],
"links": []
}
] | 5 | 1. Findings
Congress finds the following: (1) On July 26, 1805, Constantino Brumidi was born in Rome, Italy of an Italian mother and a Greek father who inspired him with a love of liberty. (2) While Constantino Brumidi’s Greek ancestry stirred his passion for liberty and citizenship, his Italian heritage provided the art styles of the Renaissance and the Baroque which influenced the artwork of the United States Capitol. (3) Constantino Brumidi became a citizen of the United States as soon as he was able, embracing its history, values, and ideals. (4) Beginning in 1855, Constantino Brumidi designed and decorated one House and five Senate committee rooms in the Capitol, as well as the Senate Reception Room, the Office of the Vice President, and, most notably, the President’s Room, which represents Brumidi’s supreme effort “to make beautiful the Capitol” of the United States. (5) In 1865 Constantino Brumidi completed in just 11 months his masterpiece, “The Apotheosis of Washington,” in the eye of the Capitol dome. (6) In 1871 Constantino Brumidi created the first tribute to an African American in the Capitol when he placed the figure of Crispus Attucks at the center of his fresco of the Boston Massacre. (7) In 1878 Constantino Brumidi at the age of 72 and in poor health, began work on the Rotunda frieze, which chronicles the history of America. (8) On February 19, 1880, Constantino Brumidi died at the age of 74, four and a half months after slipping and nearly falling from a scaffold while working on the Rotunda frieze. (9) Constantino Brumidi, proud of his artistic accomplishments and devoted to his adopted country, said, “My one ambition and my daily prayer is that I may live long enough to make beautiful the Capitol of the one country on earth in which there is liberty.”. (10) Constantino Brumidi’s life and work exemplify the lives of millions of immigrants who came to pursue the American dream. (11) 2005 marks the bicentennial of Constantino Brumidi’s birth. 2. Congressional Gold Medal
(a) Presentation authorized
The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design, to the family of Constantino Brumidi, in recognition of the contributions of Constantino Brumidi to the Nation. (b) Design and striking
For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the Secretary ) shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. 3. Duplicate medals
The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 2 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. 4. Status of medals
(a) National medals
The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic items
For purposes of section 5134 of title 31, Unites States Code, all medals struck under this Act shall be considered to be numismatic items. 5. Authority to use fund amounts; proceeds of sale
(a) Authority to use fund amounts
There is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the costs of the medals struck pursuant to this Act. (b) Proceeds of sale
Amounts received from the sale of duplicate bronze medals authorized under section 3 shall be deposited into the United States Mint Public Enterprise Fund. | 3,745 | [
"Financial Services Committee"
] |
108hr4683ih | 108 | hr | 4,683 | ih | To enhance the preservation and interpretation of the Gullah/Geechee cultural heritage, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the Gullah/Geechee Cultural Heritage Act.",
"id": "H1E3F36AB282740E0B98CF7E3D26FFBC4",
"header": "Short title",
"nested": [],
"links": []
},
{
"text": "2. Purposes \nThe purposes of this Act are to— (1) recognize the important contributions made to American culture and history by African-Americans known as the Gullah/Geechee who settled in the coastal counties of South Carolina and Georgia; (2) assist State and local governments and public and private entities in the South Carolina and Georgia in interpreting the story of the Gullah/Geechee and preserving Gullah/Geechee folklore, arts, crafts, and music; and (3) assist in identifying and preserving sites, historical data, artifacts, and objects associated with the Gullah/Geechee for the benefit and education of the public.",
"id": "H7762599437404842893257A86F8700FC",
"header": "Purposes",
"nested": [],
"links": []
},
{
"text": "3. Definitions \nFor the purposes of this Act, the following definitions apply: (1) Commission \nThe term Commission means the Gullah/Geechee Cultural Heritage Corridor Commission established under this Act. (2) Heritage Corridor \nThe term Heritage Corridor means the Gullah/Geechee Cultural Heritage Corridor established by this Act. (3) Secretary \nThe term Secretary means the Secretary of the Interior.",
"id": "HBF533F0E85984BAFAB00A314B400C31D",
"header": "Definitions",
"nested": [],
"links": []
},
{
"text": "4. Gullah/Geechee Cultural Heritage Corridor \n(a) Establishment \nThere is established the Gullah/Geechee Cultural Heritage Corridor. (b) Boundaries \n(1) In general \nThe Heritage Corridor shall be comprised of those lands and waters generally depicted on a map entitled Gullah/Geechee Cultural Heritage Corridor numbered ___ and dated ____. The map shall be on file and available for public inspection in the appropriate offices of the National Park Service and in an appropriate State office in each of the States included in the Heritage Corridor. The Secretary shall publish in the Federal Register, as soon as practicable after the date of enactment of this Act a detailed description and map of the boundaries established under this subsection. (2) Revisions \nThe boundaries of the heritage corridor may be revised if the revision is— (A) proposed in the management plan developed for the Heritage Area; (B) approved by the Secretary in accordance with this Act; and (C) placed on file in accordance with paragraph (1). (c) Administration \nThe Heritage Corridor shall be administered in accordance with the provisions of this Act.",
"id": "H5211A53F9A3C4462B8B7A0432FF435D8",
"header": "Gullah/Geechee Cultural Heritage Corridor",
"nested": [
{
"text": "(a) Establishment \nThere is established the Gullah/Geechee Cultural Heritage Corridor.",
"id": "HC250D10B507441DAA09BA03CB8C28CBE",
"header": "Establishment",
"nested": [],
"links": []
},
{
"text": "(b) Boundaries \n(1) In general \nThe Heritage Corridor shall be comprised of those lands and waters generally depicted on a map entitled Gullah/Geechee Cultural Heritage Corridor numbered ___ and dated ____. The map shall be on file and available for public inspection in the appropriate offices of the National Park Service and in an appropriate State office in each of the States included in the Heritage Corridor. The Secretary shall publish in the Federal Register, as soon as practicable after the date of enactment of this Act a detailed description and map of the boundaries established under this subsection. (2) Revisions \nThe boundaries of the heritage corridor may be revised if the revision is— (A) proposed in the management plan developed for the Heritage Area; (B) approved by the Secretary in accordance with this Act; and (C) placed on file in accordance with paragraph (1).",
"id": "H7BFFF1B72AD242F2B518BA8D35181FE3",
"header": "Boundaries",
"nested": [],
"links": []
},
{
"text": "(c) Administration \nThe Heritage Corridor shall be administered in accordance with the provisions of this Act.",
"id": "HA93BF20C5ABD40AB94F9D601D03EDD7B",
"header": "Administration",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "5. Gullah/Geechee Cultural Heritage Corridor Commission \n(a) Establishment \nThere is hereby established a commission to be known as Gullah/Geechee Cultural Heritage Corridor Commission whose purpose shall be to assist Federal, State, and local authorities in the development and implementation of a management plan for those land and waters specified in section 4. (b) Membership \nThe Commission shall be composed of 9 members appointed by the Secretary as follows: (1) 4 individuals nominated by the State Historic Preservation Officer of South Carolina and 2 individuals nominated by the State Historic Preservation Officer of Georgia and appointed by the Secretary. (2) 2 individuals from South Carolina and 1 individual from Georgia who are recognized experts in historic preservation, anthropology, and folklore, appointed by the Secretary. (c) Terms \nMembers of the Commission shall be appointed to terms not to exceed 3 years. The Secretary may stagger the terms of the initial appointments to the Commission in order to assure continuity of operation. Any member of the Commission may serve after the expiration of their term until a successor is appointed. A vacancy shall be filled in the same manner in which the original appointment was made. (d) Termination \nThe Commission shall terminate 10 years after the date of enactment of this Act.",
"id": "H34D4475B671C473E8646F3A722276024",
"header": "Gullah/Geechee Cultural Heritage Corridor Commission",
"nested": [
{
"text": "(a) Establishment \nThere is hereby established a commission to be known as Gullah/Geechee Cultural Heritage Corridor Commission whose purpose shall be to assist Federal, State, and local authorities in the development and implementation of a management plan for those land and waters specified in section 4.",
"id": "H6A5E3716B0034E639E7E59B88C231491",
"header": "Establishment",
"nested": [],
"links": []
},
{
"text": "(b) Membership \nThe Commission shall be composed of 9 members appointed by the Secretary as follows: (1) 4 individuals nominated by the State Historic Preservation Officer of South Carolina and 2 individuals nominated by the State Historic Preservation Officer of Georgia and appointed by the Secretary. (2) 2 individuals from South Carolina and 1 individual from Georgia who are recognized experts in historic preservation, anthropology, and folklore, appointed by the Secretary.",
"id": "H0D6028E93CB44D5485D229638975A5BF",
"header": "Membership",
"nested": [],
"links": []
},
{
"text": "(c) Terms \nMembers of the Commission shall be appointed to terms not to exceed 3 years. The Secretary may stagger the terms of the initial appointments to the Commission in order to assure continuity of operation. Any member of the Commission may serve after the expiration of their term until a successor is appointed. A vacancy shall be filled in the same manner in which the original appointment was made.",
"id": "HA717400CC20B4FCB963F006F1B6E3CC5",
"header": "Terms",
"nested": [],
"links": []
},
{
"text": "(d) Termination \nThe Commission shall terminate 10 years after the date of enactment of this Act.",
"id": "H3542FE4D8BC2440587E05F711C25FDBD",
"header": "Termination",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "6. Operation of the Commission \n(a) Duties of the commission \nTo further the purposes of the Heritage Corridor, the Commission shall— (1) prepare and submit a management plan to the Secretary in accordance with section 7; (2) assist units of local government and other persons in implementing the approved management plan by— (A) carry out programs and projects that recognize, protect, and enhance important resource values within the Heritage Corridor; (B) establishing and maintaining interpretive exhibits and programs within the Heritage Corridor; (C) developing recreational and educational opportunities in the Heritage Corridor; (D) increasing public awareness of and appreciation for the historical, cultural, natural, and scenic resources of the Heritage Corridor; (E) protecting and restoring historic sites and buildings in the Heritage Corridor that are consistent with heritage corridor themes; (F) ensuring that clear, consistent, and appropriate signs identifying points of public access and sites of interest are posted throughout the Heritage Corridor; and (G) promoting a wide range of partnerships among governments, organizations, and individuals to further the purposes of the Heritage Corridor; (3) consider the interests of diverse units of government, business, organizations, and individuals in the Heritage Corridor in the preparation and implementation of the management plan; (4) conduct meetings open to the public at least quarterly regarding the development and implementation of the management plan; (5) submit an annual report to the Secretary for any fiscal year in which the Commission receives Federal funds under this Act, setting forth its accomplishments, expenses, and income, including grants made to any other entities during the year for which the report is made; (6) make available for audit for any fiscal year in which it receives Federal funds under this Act, all information pertaining to the expenditure of such funds and any matching funds, and require all agreements authorizing expenditures of Federal funds by other organizations, that the receiving organization make available for audit all records and other information pertaining to the expenditure of such funds; and (7) encourage by appropriate means economic viability that is consistent with the purposes of the Heritage Corridor. (b) Authorities \nThe Commission may, for the purposes of preparing and implementing the management plan, use funds made available under this Act to— (1) make grants to, and enter into cooperative agreements with the States of South Carolina and Georgia, political subdivisions of those States, a nonprofit organization, or any person; (2) hire and compensate staff; (3) obtain funds from any source including any that are provided under any other Federal law or program; and (4) contract for goods and services.",
"id": "H0C622871CEBA42E596C45B07DBDE9266",
"header": "Operation of the Commission",
"nested": [
{
"text": "(a) Duties of the commission \nTo further the purposes of the Heritage Corridor, the Commission shall— (1) prepare and submit a management plan to the Secretary in accordance with section 7; (2) assist units of local government and other persons in implementing the approved management plan by— (A) carry out programs and projects that recognize, protect, and enhance important resource values within the Heritage Corridor; (B) establishing and maintaining interpretive exhibits and programs within the Heritage Corridor; (C) developing recreational and educational opportunities in the Heritage Corridor; (D) increasing public awareness of and appreciation for the historical, cultural, natural, and scenic resources of the Heritage Corridor; (E) protecting and restoring historic sites and buildings in the Heritage Corridor that are consistent with heritage corridor themes; (F) ensuring that clear, consistent, and appropriate signs identifying points of public access and sites of interest are posted throughout the Heritage Corridor; and (G) promoting a wide range of partnerships among governments, organizations, and individuals to further the purposes of the Heritage Corridor; (3) consider the interests of diverse units of government, business, organizations, and individuals in the Heritage Corridor in the preparation and implementation of the management plan; (4) conduct meetings open to the public at least quarterly regarding the development and implementation of the management plan; (5) submit an annual report to the Secretary for any fiscal year in which the Commission receives Federal funds under this Act, setting forth its accomplishments, expenses, and income, including grants made to any other entities during the year for which the report is made; (6) make available for audit for any fiscal year in which it receives Federal funds under this Act, all information pertaining to the expenditure of such funds and any matching funds, and require all agreements authorizing expenditures of Federal funds by other organizations, that the receiving organization make available for audit all records and other information pertaining to the expenditure of such funds; and (7) encourage by appropriate means economic viability that is consistent with the purposes of the Heritage Corridor.",
"id": "H34465C9C9D9F4D72A03F8749BBE57D1E",
"header": "Duties of the commission",
"nested": [],
"links": []
},
{
"text": "(b) Authorities \nThe Commission may, for the purposes of preparing and implementing the management plan, use funds made available under this Act to— (1) make grants to, and enter into cooperative agreements with the States of South Carolina and Georgia, political subdivisions of those States, a nonprofit organization, or any person; (2) hire and compensate staff; (3) obtain funds from any source including any that are provided under any other Federal law or program; and (4) contract for goods and services.",
"id": "H620EFF58CC9144A7B71CBC6782C83A5",
"header": "Authorities",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "7. Management Plan \n(a) In general \nThe management plan for the Heritage Corridor shall— (1) include comprehensive policies, strategies, and recommendations for conservation, funding, management, and development of the Heritage Corridor; (2) take into consideration existing State, county, and local plans in the development of the management plan and its implementation; (3) include a description of actions that governments, private organizations, and individuals have agreed to take to protect the historical, cultural, and natural resources of the Heritage Corridor; (4) specify the existing and potential sources of funding to protect, manage, and develop the Heritage Corridor in the first 5 years of implementation; (5) include an inventory of the historical, cultural, natural, resources of the Heritage Corridor related to the themes of the Heritage Corridor that should be preserved, restored, managed, developed, or maintained; (6) recommend policies and strategies for resource management that consider and detail the application of appropriate land and water management techniques, including the development of intergovernmental and interagency cooperative agreements to protect the Heritage Corridor’s historical, cultural, and natural resources; (7) describe a program for implementation of the management plan including plans for resources protection, restoration, construction, and specific commitments for implementation that have been made by the Commission or any government, organization, or individual for the first 5 years of implementation; (8) include an analysis and recommendations for the ways in which Federal, State, or local programs may best be coordinated to further the purposes of this Act; and (9) include an interpretive plan for the Heritage Corridor. (b) Submittal of management plan \nThe Commission shall submit the management plan to the Secretary for approval not later than 3 years after funds are made available for this Act. (c) Failure to submit \nIf the Commission fails to submit the management plan to the Secretary in accordance with subsection (b), the Heritage Corridor shall not qualify for Federal funding until the management plan is submitted. (d) Approval or disapproval of management plan \n(1) In general \nThe Secretary shall approve or disapprove the management plan not later than 90 days after receiving the management plan. (2) Criteria \nIn determining whether to approve the management plan, the Secretary shall consider whether— (A) the Commission has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management plan; (B) the resource preservation and interpretation strategies contained in the management plan would adequately protect the cultural and historic resources of the Heritage Corridor; and (C) the Secretary has received adequate assurances from appropriate State and local officials whose support is needed to ensure the effective implementation of the State and local aspects of the plan. (3) Action following disapproval \nIf the Secretary disapproves the management plan, the Secretary shall advise the Commission in writing of the reasons therefore and shall make recommendations for revisions to the management plan. The Secretary shall approve or disapprove a proposed revision not later than 60 days after the date it is submitted. (4) Approval of amendments \nSubstantial amendments to the management plan shall be reviewed and approved by the Secretary in the same manner as provided in the original management plan. The Commission shall not use Federal funds authorized by this Act to implement any amendments until the Secretary has approved the amendments.",
"id": "H398A2BD1465A4F0195DD1FE0202D6486",
"header": "Management Plan",
"nested": [
{
"text": "(a) In general \nThe management plan for the Heritage Corridor shall— (1) include comprehensive policies, strategies, and recommendations for conservation, funding, management, and development of the Heritage Corridor; (2) take into consideration existing State, county, and local plans in the development of the management plan and its implementation; (3) include a description of actions that governments, private organizations, and individuals have agreed to take to protect the historical, cultural, and natural resources of the Heritage Corridor; (4) specify the existing and potential sources of funding to protect, manage, and develop the Heritage Corridor in the first 5 years of implementation; (5) include an inventory of the historical, cultural, natural, resources of the Heritage Corridor related to the themes of the Heritage Corridor that should be preserved, restored, managed, developed, or maintained; (6) recommend policies and strategies for resource management that consider and detail the application of appropriate land and water management techniques, including the development of intergovernmental and interagency cooperative agreements to protect the Heritage Corridor’s historical, cultural, and natural resources; (7) describe a program for implementation of the management plan including plans for resources protection, restoration, construction, and specific commitments for implementation that have been made by the Commission or any government, organization, or individual for the first 5 years of implementation; (8) include an analysis and recommendations for the ways in which Federal, State, or local programs may best be coordinated to further the purposes of this Act; and (9) include an interpretive plan for the Heritage Corridor.",
"id": "H584BD82029C84C01923FAD69D86DCFF",
"header": "In general",
"nested": [],
"links": []
},
{
"text": "(b) Submittal of management plan \nThe Commission shall submit the management plan to the Secretary for approval not later than 3 years after funds are made available for this Act.",
"id": "H83617FC64B7C471E88AE42C64C44E9F2",
"header": "Submittal of management plan",
"nested": [],
"links": []
},
{
"text": "(c) Failure to submit \nIf the Commission fails to submit the management plan to the Secretary in accordance with subsection (b), the Heritage Corridor shall not qualify for Federal funding until the management plan is submitted.",
"id": "H1BDF3CDE3CA041F8B6653E15C2240098",
"header": "Failure to submit",
"nested": [],
"links": []
},
{
"text": "(d) Approval or disapproval of management plan \n(1) In general \nThe Secretary shall approve or disapprove the management plan not later than 90 days after receiving the management plan. (2) Criteria \nIn determining whether to approve the management plan, the Secretary shall consider whether— (A) the Commission has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management plan; (B) the resource preservation and interpretation strategies contained in the management plan would adequately protect the cultural and historic resources of the Heritage Corridor; and (C) the Secretary has received adequate assurances from appropriate State and local officials whose support is needed to ensure the effective implementation of the State and local aspects of the plan. (3) Action following disapproval \nIf the Secretary disapproves the management plan, the Secretary shall advise the Commission in writing of the reasons therefore and shall make recommendations for revisions to the management plan. The Secretary shall approve or disapprove a proposed revision not later than 60 days after the date it is submitted. (4) Approval of amendments \nSubstantial amendments to the management plan shall be reviewed and approved by the Secretary in the same manner as provided in the original management plan. The Commission shall not use Federal funds authorized by this Act to implement any amendments until the Secretary has approved the amendments.",
"id": "H4B48F0AD93C34A33BD1D3BEE943D0E4",
"header": "Approval or disapproval of management plan",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "8. Authorities of the Secretary \n(a) Technical and financial assistance \n(1) In general \nUpon a request of the Commission, the Secretary may provide technical and financial assistance for the development and implementation of the management plan. (2) Priority for assistance \nIn providing assistance under paragraph (1), the Secretary shall give priority to actions that assist in— (A) conserving the significant cultural, historical, and natural resources of the Heritage Corridor; and (B) providing educational and interpretive opportunities consistent with the purposes of the Heritage Corridor. (3) Spending for non-federal property \n(A) In general \nThe Commission may expend Federal funds made available under this Act on nonfederally owned property that is— (i) identified in the management plan; or (ii) listed or eligible for listing on the National Register for Historic Places. (B) Agreements \nAny payment of Federal funds made pursuant to this Act shall be subject to an agreement that conversion, use, or disposal of a project so assisted for purposes contrary to the purposes of this Act, as determined by the Secretary, shall result in a right of the United States to compensation of all funds made available to that project or the proportion of the increased value of the project attributable to such funds as determined at the time of such conversion, use, or disposal, whichever is greater.",
"id": "H58113C3224D5433BB6D47C0407833CC6",
"header": "Authorities of the Secretary",
"nested": [
{
"text": "(a) Technical and financial assistance \n(1) In general \nUpon a request of the Commission, the Secretary may provide technical and financial assistance for the development and implementation of the management plan. (2) Priority for assistance \nIn providing assistance under paragraph (1), the Secretary shall give priority to actions that assist in— (A) conserving the significant cultural, historical, and natural resources of the Heritage Corridor; and (B) providing educational and interpretive opportunities consistent with the purposes of the Heritage Corridor. (3) Spending for non-federal property \n(A) In general \nThe Commission may expend Federal funds made available under this Act on nonfederally owned property that is— (i) identified in the management plan; or (ii) listed or eligible for listing on the National Register for Historic Places. (B) Agreements \nAny payment of Federal funds made pursuant to this Act shall be subject to an agreement that conversion, use, or disposal of a project so assisted for purposes contrary to the purposes of this Act, as determined by the Secretary, shall result in a right of the United States to compensation of all funds made available to that project or the proportion of the increased value of the project attributable to such funds as determined at the time of such conversion, use, or disposal, whichever is greater.",
"id": "H114814B40480461893ABF22F10958803",
"header": "Technical and financial assistance",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "9. Duties of other Federal agencies \nAny Federal agency conducting or supporting activities directly affecting the Heritage Corridor shall— (1) consult with the Secretary and the Commission with respect to such activities; (2) cooperate with the Secretary and the Commission in carrying out their duties under this Act and, to the maximum extent practicable, coordinate such activities with the carrying out of such duties; and (3) to the maximum extent practicable, conduct or support such activities in a manner in which the Commission determines will not have an adverse effect on the Heritage Corridor.",
"id": "H83289F746FC24DE5BA9726FB9208880",
"header": "Duties of other Federal agencies",
"nested": [],
"links": []
},
{
"text": "10. Coastal Heritage Centers \nIn furtherance of the purposes of this Act and using the authorities made available under this Act, the Commission shall establish one or more Coastal Heritage Centers at appropriate locations within the Heritage Corridor.",
"id": "H1FB89D38F6404F798D6469EFF30AA7F",
"header": "Coastal Heritage Centers",
"nested": [],
"links": []
},
{
"text": "11. Authorization of Appropriations \n(a) In general \nThere is authorized to be appropriated for the purposes of this Act not more than $1,000,000 for any fiscal year. Not more than a total of $10,000,000 may be appropriated for the Heritage Corridor under this Act. (b) Cost share \nFederal funding provided under this Act may not exceed 50 percent of the total cost of any activity for which assistance is provided under this Act. (c) In-kind contributions \nThe Secretary may accept in-kind contributions as part of the non-Federal cost share of any activity for which assistance is provided under this Act.",
"id": "H52108D9525A34C90AE41636B1CC4A100",
"header": "Authorization of Appropriations",
"nested": [
{
"text": "(a) In general \nThere is authorized to be appropriated for the purposes of this Act not more than $1,000,000 for any fiscal year. Not more than a total of $10,000,000 may be appropriated for the Heritage Corridor under this Act.",
"id": "H8F427124C6AB40A5BD5083D86400ED03",
"header": "In general",
"nested": [],
"links": []
},
{
"text": "(b) Cost share \nFederal funding provided under this Act may not exceed 50 percent of the total cost of any activity for which assistance is provided under this Act.",
"id": "H5D6D32D518BB41B080EDED2B6D7C1089",
"header": "Cost share",
"nested": [],
"links": []
},
{
"text": "(c) In-kind contributions \nThe Secretary may accept in-kind contributions as part of the non-Federal cost share of any activity for which assistance is provided under this Act.",
"id": "H955224A0D279464EBE4896674C544517",
"header": "In-kind contributions",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "12. Termination of authority \nThe authority of the Secretary to provide assistance under this Act shall terminate on the day occurring 15 years after the date of the enactment of this Act.",
"id": "H7C0A8079353449818E10C7EE5FE012C0",
"header": "Termination of authority",
"nested": [],
"links": []
}
] | 12 | 1. Short title
This Act may be cited as the Gullah/Geechee Cultural Heritage Act. 2. Purposes
The purposes of this Act are to— (1) recognize the important contributions made to American culture and history by African-Americans known as the Gullah/Geechee who settled in the coastal counties of South Carolina and Georgia; (2) assist State and local governments and public and private entities in the South Carolina and Georgia in interpreting the story of the Gullah/Geechee and preserving Gullah/Geechee folklore, arts, crafts, and music; and (3) assist in identifying and preserving sites, historical data, artifacts, and objects associated with the Gullah/Geechee for the benefit and education of the public. 3. Definitions
For the purposes of this Act, the following definitions apply: (1) Commission
The term Commission means the Gullah/Geechee Cultural Heritage Corridor Commission established under this Act. (2) Heritage Corridor
The term Heritage Corridor means the Gullah/Geechee Cultural Heritage Corridor established by this Act. (3) Secretary
The term Secretary means the Secretary of the Interior. 4. Gullah/Geechee Cultural Heritage Corridor
(a) Establishment
There is established the Gullah/Geechee Cultural Heritage Corridor. (b) Boundaries
(1) In general
The Heritage Corridor shall be comprised of those lands and waters generally depicted on a map entitled Gullah/Geechee Cultural Heritage Corridor numbered ___ and dated ____. The map shall be on file and available for public inspection in the appropriate offices of the National Park Service and in an appropriate State office in each of the States included in the Heritage Corridor. The Secretary shall publish in the Federal Register, as soon as practicable after the date of enactment of this Act a detailed description and map of the boundaries established under this subsection. (2) Revisions
The boundaries of the heritage corridor may be revised if the revision is— (A) proposed in the management plan developed for the Heritage Area; (B) approved by the Secretary in accordance with this Act; and (C) placed on file in accordance with paragraph (1). (c) Administration
The Heritage Corridor shall be administered in accordance with the provisions of this Act. 5. Gullah/Geechee Cultural Heritage Corridor Commission
(a) Establishment
There is hereby established a commission to be known as Gullah/Geechee Cultural Heritage Corridor Commission whose purpose shall be to assist Federal, State, and local authorities in the development and implementation of a management plan for those land and waters specified in section 4. (b) Membership
The Commission shall be composed of 9 members appointed by the Secretary as follows: (1) 4 individuals nominated by the State Historic Preservation Officer of South Carolina and 2 individuals nominated by the State Historic Preservation Officer of Georgia and appointed by the Secretary. (2) 2 individuals from South Carolina and 1 individual from Georgia who are recognized experts in historic preservation, anthropology, and folklore, appointed by the Secretary. (c) Terms
Members of the Commission shall be appointed to terms not to exceed 3 years. The Secretary may stagger the terms of the initial appointments to the Commission in order to assure continuity of operation. Any member of the Commission may serve after the expiration of their term until a successor is appointed. A vacancy shall be filled in the same manner in which the original appointment was made. (d) Termination
The Commission shall terminate 10 years after the date of enactment of this Act. 6. Operation of the Commission
(a) Duties of the commission
To further the purposes of the Heritage Corridor, the Commission shall— (1) prepare and submit a management plan to the Secretary in accordance with section 7; (2) assist units of local government and other persons in implementing the approved management plan by— (A) carry out programs and projects that recognize, protect, and enhance important resource values within the Heritage Corridor; (B) establishing and maintaining interpretive exhibits and programs within the Heritage Corridor; (C) developing recreational and educational opportunities in the Heritage Corridor; (D) increasing public awareness of and appreciation for the historical, cultural, natural, and scenic resources of the Heritage Corridor; (E) protecting and restoring historic sites and buildings in the Heritage Corridor that are consistent with heritage corridor themes; (F) ensuring that clear, consistent, and appropriate signs identifying points of public access and sites of interest are posted throughout the Heritage Corridor; and (G) promoting a wide range of partnerships among governments, organizations, and individuals to further the purposes of the Heritage Corridor; (3) consider the interests of diverse units of government, business, organizations, and individuals in the Heritage Corridor in the preparation and implementation of the management plan; (4) conduct meetings open to the public at least quarterly regarding the development and implementation of the management plan; (5) submit an annual report to the Secretary for any fiscal year in which the Commission receives Federal funds under this Act, setting forth its accomplishments, expenses, and income, including grants made to any other entities during the year for which the report is made; (6) make available for audit for any fiscal year in which it receives Federal funds under this Act, all information pertaining to the expenditure of such funds and any matching funds, and require all agreements authorizing expenditures of Federal funds by other organizations, that the receiving organization make available for audit all records and other information pertaining to the expenditure of such funds; and (7) encourage by appropriate means economic viability that is consistent with the purposes of the Heritage Corridor. (b) Authorities
The Commission may, for the purposes of preparing and implementing the management plan, use funds made available under this Act to— (1) make grants to, and enter into cooperative agreements with the States of South Carolina and Georgia, political subdivisions of those States, a nonprofit organization, or any person; (2) hire and compensate staff; (3) obtain funds from any source including any that are provided under any other Federal law or program; and (4) contract for goods and services. 7. Management Plan
(a) In general
The management plan for the Heritage Corridor shall— (1) include comprehensive policies, strategies, and recommendations for conservation, funding, management, and development of the Heritage Corridor; (2) take into consideration existing State, county, and local plans in the development of the management plan and its implementation; (3) include a description of actions that governments, private organizations, and individuals have agreed to take to protect the historical, cultural, and natural resources of the Heritage Corridor; (4) specify the existing and potential sources of funding to protect, manage, and develop the Heritage Corridor in the first 5 years of implementation; (5) include an inventory of the historical, cultural, natural, resources of the Heritage Corridor related to the themes of the Heritage Corridor that should be preserved, restored, managed, developed, or maintained; (6) recommend policies and strategies for resource management that consider and detail the application of appropriate land and water management techniques, including the development of intergovernmental and interagency cooperative agreements to protect the Heritage Corridor’s historical, cultural, and natural resources; (7) describe a program for implementation of the management plan including plans for resources protection, restoration, construction, and specific commitments for implementation that have been made by the Commission or any government, organization, or individual for the first 5 years of implementation; (8) include an analysis and recommendations for the ways in which Federal, State, or local programs may best be coordinated to further the purposes of this Act; and (9) include an interpretive plan for the Heritage Corridor. (b) Submittal of management plan
The Commission shall submit the management plan to the Secretary for approval not later than 3 years after funds are made available for this Act. (c) Failure to submit
If the Commission fails to submit the management plan to the Secretary in accordance with subsection (b), the Heritage Corridor shall not qualify for Federal funding until the management plan is submitted. (d) Approval or disapproval of management plan
(1) In general
The Secretary shall approve or disapprove the management plan not later than 90 days after receiving the management plan. (2) Criteria
In determining whether to approve the management plan, the Secretary shall consider whether— (A) the Commission has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management plan; (B) the resource preservation and interpretation strategies contained in the management plan would adequately protect the cultural and historic resources of the Heritage Corridor; and (C) the Secretary has received adequate assurances from appropriate State and local officials whose support is needed to ensure the effective implementation of the State and local aspects of the plan. (3) Action following disapproval
If the Secretary disapproves the management plan, the Secretary shall advise the Commission in writing of the reasons therefore and shall make recommendations for revisions to the management plan. The Secretary shall approve or disapprove a proposed revision not later than 60 days after the date it is submitted. (4) Approval of amendments
Substantial amendments to the management plan shall be reviewed and approved by the Secretary in the same manner as provided in the original management plan. The Commission shall not use Federal funds authorized by this Act to implement any amendments until the Secretary has approved the amendments. 8. Authorities of the Secretary
(a) Technical and financial assistance
(1) In general
Upon a request of the Commission, the Secretary may provide technical and financial assistance for the development and implementation of the management plan. (2) Priority for assistance
In providing assistance under paragraph (1), the Secretary shall give priority to actions that assist in— (A) conserving the significant cultural, historical, and natural resources of the Heritage Corridor; and (B) providing educational and interpretive opportunities consistent with the purposes of the Heritage Corridor. (3) Spending for non-federal property
(A) In general
The Commission may expend Federal funds made available under this Act on nonfederally owned property that is— (i) identified in the management plan; or (ii) listed or eligible for listing on the National Register for Historic Places. (B) Agreements
Any payment of Federal funds made pursuant to this Act shall be subject to an agreement that conversion, use, or disposal of a project so assisted for purposes contrary to the purposes of this Act, as determined by the Secretary, shall result in a right of the United States to compensation of all funds made available to that project or the proportion of the increased value of the project attributable to such funds as determined at the time of such conversion, use, or disposal, whichever is greater. 9. Duties of other Federal agencies
Any Federal agency conducting or supporting activities directly affecting the Heritage Corridor shall— (1) consult with the Secretary and the Commission with respect to such activities; (2) cooperate with the Secretary and the Commission in carrying out their duties under this Act and, to the maximum extent practicable, coordinate such activities with the carrying out of such duties; and (3) to the maximum extent practicable, conduct or support such activities in a manner in which the Commission determines will not have an adverse effect on the Heritage Corridor. 10. Coastal Heritage Centers
In furtherance of the purposes of this Act and using the authorities made available under this Act, the Commission shall establish one or more Coastal Heritage Centers at appropriate locations within the Heritage Corridor. 11. Authorization of Appropriations
(a) In general
There is authorized to be appropriated for the purposes of this Act not more than $1,000,000 for any fiscal year. Not more than a total of $10,000,000 may be appropriated for the Heritage Corridor under this Act. (b) Cost share
Federal funding provided under this Act may not exceed 50 percent of the total cost of any activity for which assistance is provided under this Act. (c) In-kind contributions
The Secretary may accept in-kind contributions as part of the non-Federal cost share of any activity for which assistance is provided under this Act. 12. Termination of authority
The authority of the Secretary to provide assistance under this Act shall terminate on the day occurring 15 years after the date of the enactment of this Act. | 13,242 | [
"Natural Resources Committee"
] |
108hr5221ih | 108 | hr | 5,221 | ih | To amend the Native American Housing Assistance and Self- Determination Act of 1996 and other Acts to improve housing programs for Indians. | [
{
"text": "1. Short title \nThis Act may be cited as the Native American Housing Enhancement Act of 2004.",
"id": "HD9313FCDADED49E583B71B01F4472C76",
"header": "Short title",
"nested": [],
"links": []
},
{
"text": "2. Findings \nCongress finds that— (1) there exist— (A) a unique relationship between the Government of the United States and the governments of Indian tribes; and (B) a unique Federal trust responsibility to Indian people; (2) Native Americans experience some of the worst housing conditions in the country, with— (A) 32.6 percent of Native homes being overcrowded; (B) 33 percent lacking adequate solid waste management systems; (C) 8 percent lacking a safe indoor water supply; and (D) approximately 90,000 Native families who are homeless or underhoused; (3) the poverty rate for Native Americans is twice that of the rest of the population of the United States; (4) the population growth of Native Americans that began in the latter part of the 20th century increased the need for Federal housing services; (5) (A) under the requirements of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. ), members of Indian tribes are given preference for housing programs; (B) a primary purpose of the Act is to allow Indian tribes to leverage funds with other Federal and private funds; (C) the Department of Agriculture has been a significant funding source for housing for Indian tribes; and (D) to allow assistance provided under the Act and assistance provided by the Secretary of Agriculture under other law to be combined to meet the severe housing needs of Indian tribes, the Housing Act of 1949 ( 42 U.S.C. 1471 et seq. ) should be amended to allow for the preference referred to in subparagraph (A) by granting an exemption from title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ) and title VIII of the Civil Rights Act of 1968 ( 42 U.S.C. 3601 et seq. ) to tribes who comply with the Indian Civil Rights Act (title II of the Civil Rights Act of 1968; 25 U.S.C. 1301-1303 ), or who are acting under the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4131(b) ); and (6) section 457 of the Cranston-Gonzales National Affordable Housing Act ( 42 U.S.C. 12899f ) should be amended to include Indian tribes, tribally designated housing entities, or other agencies that primarily serve Indians as eligible applicants for YouthBuild grants.",
"id": "HF65AD4BC0B8B4884AFE9B94D3631D3D1",
"header": "Findings",
"nested": [],
"links": [
{
"text": "25 U.S.C. 4101 et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/25/4101"
},
{
"text": "42 U.S.C. 1471 et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/42/1471"
},
{
"text": "42 U.S.C. 2000d et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/42/2000d"
},
{
"text": "42 U.S.C. 3601 et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/42/3601"
},
{
"text": "25 U.S.C. 1301-1303",
"legal-doc": "usc",
"parsable-cite": "usc/25/1301-1303"
},
{
"text": "25 U.S.C. 4131(b)",
"legal-doc": "usc",
"parsable-cite": "usc/25/4131"
},
{
"text": "42 U.S.C. 12899f",
"legal-doc": "usc",
"parsable-cite": "usc/42/12899f"
}
]
},
{
"text": "3. Treatment of program income \nSection 104(a)(2) of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4114(a)(2) ) is amended by inserting restrict access to or after not.",
"id": "H78DF7955EA1B456EA0E863C5B155E51",
"header": "Treatment of program income",
"nested": [],
"links": [
{
"text": "25 U.S.C. 4114(a)(2)",
"legal-doc": "usc",
"parsable-cite": "usc/25/4114"
}
]
},
{
"text": "4. Civil rights compliance \nTitle V of the Housing Act of 1949 ( 42 U.S.C. 1471 et seq. ) is amended by adding at the end the following: 544. Indian tribes \n(a) In general \nFederally recognized Indian Tribes who exercise powers of self-government (or their instrumentalities) shall comply with the Indian Civil Rights Act (title II of the Civil Rights Act of 1968; 25 U.S.C. 1301-1303 ) when receiving assistance under this title. (b) Exemption \nTitle VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ) and title VIII of the Civil Rights Act of 1968 ( 42 U.S.C. 3601 et seq. ) shall not apply to— (1) tribes covered by the Indian Civil Rights Act (title II of the Civil Rights Act of 1968; 25 U.S.C. 1301-1303 ); or (2) tribes acting under section 201(b) of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4131(b) )..",
"id": "H84B815E29FC742BC93A7452CDBCFB2D2",
"header": "Civil rights compliance",
"nested": [],
"links": [
{
"text": "42 U.S.C. 1471 et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/42/1471"
},
{
"text": "25 U.S.C. 1301-1303",
"legal-doc": "usc",
"parsable-cite": "usc/25/1301-1303"
},
{
"text": "42 U.S.C. 2000d et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/42/2000d"
},
{
"text": "42 U.S.C. 3601 et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/42/3601"
},
{
"text": "25 U.S.C. 1301-1303",
"legal-doc": "usc",
"parsable-cite": "usc/25/1301-1303"
},
{
"text": "25 U.S.C. 4131(b)",
"legal-doc": "usc",
"parsable-cite": "usc/25/4131"
}
]
},
{
"text": "544. Indian tribes \n(a) In general \nFederally recognized Indian Tribes who exercise powers of self-government (or their instrumentalities) shall comply with the Indian Civil Rights Act (title II of the Civil Rights Act of 1968; 25 U.S.C. 1301-1303 ) when receiving assistance under this title. (b) Exemption \nTitle VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ) and title VIII of the Civil Rights Act of 1968 ( 42 U.S.C. 3601 et seq. ) shall not apply to— (1) tribes covered by the Indian Civil Rights Act (title II of the Civil Rights Act of 1968; 25 U.S.C. 1301-1303 ); or (2) tribes acting under section 201(b) of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4131(b) ).",
"id": "HF211412EC98D45F9A9BC90006F38D6DA",
"header": "Indian tribes",
"nested": [
{
"text": "(a) In general \nFederally recognized Indian Tribes who exercise powers of self-government (or their instrumentalities) shall comply with the Indian Civil Rights Act (title II of the Civil Rights Act of 1968; 25 U.S.C. 1301-1303 ) when receiving assistance under this title.",
"id": "H4BF29894CFE54A56A5E2467E3DA8A876",
"header": "In general",
"nested": [],
"links": [
{
"text": "25 U.S.C. 1301-1303",
"legal-doc": "usc",
"parsable-cite": "usc/25/1301-1303"
}
]
},
{
"text": "(b) Exemption \nTitle VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ) and title VIII of the Civil Rights Act of 1968 ( 42 U.S.C. 3601 et seq. ) shall not apply to— (1) tribes covered by the Indian Civil Rights Act (title II of the Civil Rights Act of 1968; 25 U.S.C. 1301-1303 ); or (2) tribes acting under section 201(b) of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4131(b) ).",
"id": "HCB2B576C8E854E230000DC03EB67DCFA",
"header": "Exemption",
"nested": [],
"links": [
{
"text": "42 U.S.C. 2000d et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/42/2000d"
},
{
"text": "42 U.S.C. 3601 et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/42/3601"
},
{
"text": "25 U.S.C. 1301-1303",
"legal-doc": "usc",
"parsable-cite": "usc/25/1301-1303"
},
{
"text": "25 U.S.C. 4131(b)",
"legal-doc": "usc",
"parsable-cite": "usc/25/4131"
}
]
}
],
"links": [
{
"text": "25 U.S.C. 1301-1303",
"legal-doc": "usc",
"parsable-cite": "usc/25/1301-1303"
},
{
"text": "42 U.S.C. 2000d et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/42/2000d"
},
{
"text": "42 U.S.C. 3601 et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/42/3601"
},
{
"text": "25 U.S.C. 1301-1303",
"legal-doc": "usc",
"parsable-cite": "usc/25/1301-1303"
},
{
"text": "25 U.S.C. 4131(b)",
"legal-doc": "usc",
"parsable-cite": "usc/25/4131"
}
]
},
{
"text": "5. Eligibility of Indian tribes for youthbuild grants \nSection 457(2) of the Cranston-Gonzales National Affordable Housing Act ( 42 U.S.C. 12899f(2) ) is amended— (1) in subparagraph (F), by striking and at the end; (2) by redesignating subparagraph (G) as sub-paragraph (H); and (3) by inserting after subparagraph (F) the following: (G) an Indian tribe, tribally designated housing entity (as defined in section 4 of the Native American Housing Assistance and Self- Determination Act of 1996 ( 25 U.S.C. 4103 )), or other agency primarily serving Indians; and.",
"id": "H0B4F629CFEC540089EEDF1DD75580038",
"header": "Eligibility of Indian tribes for youthbuild grants",
"nested": [],
"links": [
{
"text": "42 U.S.C. 12899f(2)",
"legal-doc": "usc",
"parsable-cite": "usc/42/12899f"
},
{
"text": "25 U.S.C. 4103",
"legal-doc": "usc",
"parsable-cite": "usc/25/4103"
}
]
},
{
"text": "6. Federal guarantees for financing for tribal housing activities \nSection 601 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4191 ) is amended by adding at the end the following new subsection: (d) Limitation on Percentage \nA guarantee made under this title shall guarantee repayment of 95 percent of the unpaid principal and interest due on the notes or other obligations guaranteed..",
"id": "H09E306AE5ED7425A00CA37DBB9CF3F07",
"header": "Federal guarantees for financing for tribal housing activities",
"nested": [],
"links": [
{
"text": "25 U.S.C. 4191",
"legal-doc": "usc",
"parsable-cite": "usc/25/4191"
}
]
}
] | 7 | 1. Short title
This Act may be cited as the Native American Housing Enhancement Act of 2004. 2. Findings
Congress finds that— (1) there exist— (A) a unique relationship between the Government of the United States and the governments of Indian tribes; and (B) a unique Federal trust responsibility to Indian people; (2) Native Americans experience some of the worst housing conditions in the country, with— (A) 32.6 percent of Native homes being overcrowded; (B) 33 percent lacking adequate solid waste management systems; (C) 8 percent lacking a safe indoor water supply; and (D) approximately 90,000 Native families who are homeless or underhoused; (3) the poverty rate for Native Americans is twice that of the rest of the population of the United States; (4) the population growth of Native Americans that began in the latter part of the 20th century increased the need for Federal housing services; (5) (A) under the requirements of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. ), members of Indian tribes are given preference for housing programs; (B) a primary purpose of the Act is to allow Indian tribes to leverage funds with other Federal and private funds; (C) the Department of Agriculture has been a significant funding source for housing for Indian tribes; and (D) to allow assistance provided under the Act and assistance provided by the Secretary of Agriculture under other law to be combined to meet the severe housing needs of Indian tribes, the Housing Act of 1949 ( 42 U.S.C. 1471 et seq. ) should be amended to allow for the preference referred to in subparagraph (A) by granting an exemption from title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ) and title VIII of the Civil Rights Act of 1968 ( 42 U.S.C. 3601 et seq. ) to tribes who comply with the Indian Civil Rights Act (title II of the Civil Rights Act of 1968; 25 U.S.C. 1301-1303 ), or who are acting under the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4131(b) ); and (6) section 457 of the Cranston-Gonzales National Affordable Housing Act ( 42 U.S.C. 12899f ) should be amended to include Indian tribes, tribally designated housing entities, or other agencies that primarily serve Indians as eligible applicants for YouthBuild grants. 3. Treatment of program income
Section 104(a)(2) of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4114(a)(2) ) is amended by inserting restrict access to or after not. 4. Civil rights compliance
Title V of the Housing Act of 1949 ( 42 U.S.C. 1471 et seq. ) is amended by adding at the end the following: 544. Indian tribes
(a) In general
Federally recognized Indian Tribes who exercise powers of self-government (or their instrumentalities) shall comply with the Indian Civil Rights Act (title II of the Civil Rights Act of 1968; 25 U.S.C. 1301-1303 ) when receiving assistance under this title. (b) Exemption
Title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ) and title VIII of the Civil Rights Act of 1968 ( 42 U.S.C. 3601 et seq. ) shall not apply to— (1) tribes covered by the Indian Civil Rights Act (title II of the Civil Rights Act of 1968; 25 U.S.C. 1301-1303 ); or (2) tribes acting under section 201(b) of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4131(b) ).. 544. Indian tribes
(a) In general
Federally recognized Indian Tribes who exercise powers of self-government (or their instrumentalities) shall comply with the Indian Civil Rights Act (title II of the Civil Rights Act of 1968; 25 U.S.C. 1301-1303 ) when receiving assistance under this title. (b) Exemption
Title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ) and title VIII of the Civil Rights Act of 1968 ( 42 U.S.C. 3601 et seq. ) shall not apply to— (1) tribes covered by the Indian Civil Rights Act (title II of the Civil Rights Act of 1968; 25 U.S.C. 1301-1303 ); or (2) tribes acting under section 201(b) of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4131(b) ). 5. Eligibility of Indian tribes for youthbuild grants
Section 457(2) of the Cranston-Gonzales National Affordable Housing Act ( 42 U.S.C. 12899f(2) ) is amended— (1) in subparagraph (F), by striking and at the end; (2) by redesignating subparagraph (G) as sub-paragraph (H); and (3) by inserting after subparagraph (F) the following: (G) an Indian tribe, tribally designated housing entity (as defined in section 4 of the Native American Housing Assistance and Self- Determination Act of 1996 ( 25 U.S.C. 4103 )), or other agency primarily serving Indians; and. 6. Federal guarantees for financing for tribal housing activities
Section 601 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4191 ) is amended by adding at the end the following new subsection: (d) Limitation on Percentage
A guarantee made under this title shall guarantee repayment of 95 percent of the unpaid principal and interest due on the notes or other obligations guaranteed.. | 5,130 | [
"Financial Services Committee"
] |
108hr4986ih | 108 | hr | 4,986 | ih | To require the Secretary of the Treasury to analyze and report on the exchange rate policies of the People’s Republic of China, and to require that measures consistent with the obligations of the United States under the World Trade Organization be taken to offset any disadvantage to United States producers resulting from China’s exchange rate policies. | [
{
"text": "1. Short title \nThis Act may be cited as the Currency Rate Adjustment and Trade Enforcement Act.",
"id": "HA8A6D83031FC42A587614800242C59ED",
"header": "Short title",
"nested": [],
"links": []
},
{
"text": "2. Analysis of and report on exchange rate policies of china \n(a) Analysis \n(1) In general \nThe Secretary of the Treasury shall, upon the enactment of this Act and annually thereafter, analyze the exchange rate policies of the People’s Republic of China in order to determine whether that country maintains the rate of exchange between the currency of that country and the United States dollar in a manner that interferes with effective balance of payments adjustments or confers a competitive advantage in international trade that would not exist if the currency value were set by market forces. (2) Global balance of trade \nIn conducting the analysis under paragraph (1), the Secretary of the Treasury shall determine the global balance of trade of the People’s Republic of China and, in making that determination, compare the import and export data for China by country, as reported by the Chinese Government, with the export and import data for China, as reported by the government of each country that is a trading partner of China. In making that determination, the Secretary should take into account reexports to and from China through Hong Kong. (b) Computation of rate of undervaluation \nIf the Secretary of the Treasury makes an affirmative determination under subsection (a)(1), the Secretary shall compute the rate of undervaluation against the dollar in the form of a percentage. (c) Reports to congress \nThe Secretary of the Treasury shall submit to the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives and to the Committee on Finance of the Senate a report on the Secretary’s analysis and findings under subsection (a), and any rate computed under subsection (b). The report shall be submitted— (1) with respect to the analysis conducted upon the enactment of this Act, not later than 60 days after the date of the enactment of this Act; and (2) with respect to each subsequent analysis, at the end of each 1-year period thereafter. (d) Relief \nIn any case in which a report of the Secretary of the Treasury under subsection (c) includes a rate of undervaluation computed under subsection (b), the President shall seek authorization in the World Trade Organization through expedited dispute settlement— (1) to offset the subsidy inherent in the undervalued currency by the application of across-the-board equivalent tariffs, on the basis of the rate of undervaluation computed under subsection (b), on the importation into the United States of all products of the People’s Republic of China; and (2) to take measures to offset the disadvantage resulting from such undervaluation to exports to the People’s Republic of China of goods and services of the United States. (e) Modifications \nTo the extent consistent with the obligations of the United States under the World Trade Organization— (1) any measures imposed under subsection (d) shall be modified annually to the extent necessary to comply with the most recent report of the Secretary of the Treasury under subsection (c); and (2) the Secretary of the Treasury may modify any measures imposed under subsection (d) or modifications thereto under paragraph (1) 30 days after notifying the Congress of a substantial change in the degree of currency undervaluation by the People’s Republic of China.",
"id": "HC67D99412E8D46C4A000FE5649A457DD",
"header": "Analysis of and report on exchange rate policies of china",
"nested": [
{
"text": "(a) Analysis \n(1) In general \nThe Secretary of the Treasury shall, upon the enactment of this Act and annually thereafter, analyze the exchange rate policies of the People’s Republic of China in order to determine whether that country maintains the rate of exchange between the currency of that country and the United States dollar in a manner that interferes with effective balance of payments adjustments or confers a competitive advantage in international trade that would not exist if the currency value were set by market forces. (2) Global balance of trade \nIn conducting the analysis under paragraph (1), the Secretary of the Treasury shall determine the global balance of trade of the People’s Republic of China and, in making that determination, compare the import and export data for China by country, as reported by the Chinese Government, with the export and import data for China, as reported by the government of each country that is a trading partner of China. In making that determination, the Secretary should take into account reexports to and from China through Hong Kong.",
"id": "H125B5131F8C9457FBF144B46AC0704AA",
"header": "Analysis",
"nested": [],
"links": []
},
{
"text": "(b) Computation of rate of undervaluation \nIf the Secretary of the Treasury makes an affirmative determination under subsection (a)(1), the Secretary shall compute the rate of undervaluation against the dollar in the form of a percentage.",
"id": "H1434AE8A4CE941548D564EAB8FA800B0",
"header": "Computation of rate of undervaluation",
"nested": [],
"links": []
},
{
"text": "(c) Reports to congress \nThe Secretary of the Treasury shall submit to the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives and to the Committee on Finance of the Senate a report on the Secretary’s analysis and findings under subsection (a), and any rate computed under subsection (b). The report shall be submitted— (1) with respect to the analysis conducted upon the enactment of this Act, not later than 60 days after the date of the enactment of this Act; and (2) with respect to each subsequent analysis, at the end of each 1-year period thereafter.",
"id": "H55E64EEEAFB44C5B948B00F1D8CFAA00",
"header": "Reports to congress",
"nested": [],
"links": []
},
{
"text": "(d) Relief \nIn any case in which a report of the Secretary of the Treasury under subsection (c) includes a rate of undervaluation computed under subsection (b), the President shall seek authorization in the World Trade Organization through expedited dispute settlement— (1) to offset the subsidy inherent in the undervalued currency by the application of across-the-board equivalent tariffs, on the basis of the rate of undervaluation computed under subsection (b), on the importation into the United States of all products of the People’s Republic of China; and (2) to take measures to offset the disadvantage resulting from such undervaluation to exports to the People’s Republic of China of goods and services of the United States.",
"id": "H4E7C4BEB828A41ACB5E79FB2C8660F8",
"header": "Relief",
"nested": [],
"links": []
},
{
"text": "(e) Modifications \nTo the extent consistent with the obligations of the United States under the World Trade Organization— (1) any measures imposed under subsection (d) shall be modified annually to the extent necessary to comply with the most recent report of the Secretary of the Treasury under subsection (c); and (2) the Secretary of the Treasury may modify any measures imposed under subsection (d) or modifications thereto under paragraph (1) 30 days after notifying the Congress of a substantial change in the degree of currency undervaluation by the People’s Republic of China.",
"id": "H0309BEFB9FEF49EFA3184D242CDF552C",
"header": "Modifications",
"nested": [],
"links": []
}
],
"links": []
}
] | 2 | 1. Short title
This Act may be cited as the Currency Rate Adjustment and Trade Enforcement Act. 2. Analysis of and report on exchange rate policies of china
(a) Analysis
(1) In general
The Secretary of the Treasury shall, upon the enactment of this Act and annually thereafter, analyze the exchange rate policies of the People’s Republic of China in order to determine whether that country maintains the rate of exchange between the currency of that country and the United States dollar in a manner that interferes with effective balance of payments adjustments or confers a competitive advantage in international trade that would not exist if the currency value were set by market forces. (2) Global balance of trade
In conducting the analysis under paragraph (1), the Secretary of the Treasury shall determine the global balance of trade of the People’s Republic of China and, in making that determination, compare the import and export data for China by country, as reported by the Chinese Government, with the export and import data for China, as reported by the government of each country that is a trading partner of China. In making that determination, the Secretary should take into account reexports to and from China through Hong Kong. (b) Computation of rate of undervaluation
If the Secretary of the Treasury makes an affirmative determination under subsection (a)(1), the Secretary shall compute the rate of undervaluation against the dollar in the form of a percentage. (c) Reports to congress
The Secretary of the Treasury shall submit to the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives and to the Committee on Finance of the Senate a report on the Secretary’s analysis and findings under subsection (a), and any rate computed under subsection (b). The report shall be submitted— (1) with respect to the analysis conducted upon the enactment of this Act, not later than 60 days after the date of the enactment of this Act; and (2) with respect to each subsequent analysis, at the end of each 1-year period thereafter. (d) Relief
In any case in which a report of the Secretary of the Treasury under subsection (c) includes a rate of undervaluation computed under subsection (b), the President shall seek authorization in the World Trade Organization through expedited dispute settlement— (1) to offset the subsidy inherent in the undervalued currency by the application of across-the-board equivalent tariffs, on the basis of the rate of undervaluation computed under subsection (b), on the importation into the United States of all products of the People’s Republic of China; and (2) to take measures to offset the disadvantage resulting from such undervaluation to exports to the People’s Republic of China of goods and services of the United States. (e) Modifications
To the extent consistent with the obligations of the United States under the World Trade Organization— (1) any measures imposed under subsection (d) shall be modified annually to the extent necessary to comply with the most recent report of the Secretary of the Treasury under subsection (c); and (2) the Secretary of the Treasury may modify any measures imposed under subsection (d) or modifications thereto under paragraph (1) 30 days after notifying the Congress of a substantial change in the degree of currency undervaluation by the People’s Republic of China. | 3,416 | [
"Ways and Means Committee"
] |
108hr4079ih | 108 | hr | 4,079 | ih | To ensure that interest accrues on overdue child support payments, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the.",
"id": "HE2906C5D78A04E31A6BA8559A0C539A3",
"header": "Short title",
"nested": [],
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"text": "2. States required to establish procedures to ensure that interest accrues on child support payments which are in arrears \n(a) In general \nSection 466(a)(8) of the Social Security Act ( 42 U.S.C. 666(a)(8) ) is amended by adding at the end the following: (C) Procedures under which any child support order issued or modified in the State on or after the effective date of this subparagraph shall provide for the payment of interest on any payment required by the order which is in arrears.. (b) Penalty for noncompliance \nSection 409(a)(7)(B)(ii) of such Act ( 42 U.S.C. 609(a)(7)(B)(ii) ) is amended by inserting , except that the percentage that would otherwise apply under this clause shall be increased by 5 percentage points if the State is not in compliance with section 466(a)(8)(C) for the fiscal year before the period.",
"id": "H203AE2FC346C405299B940DE859F84ED",
"header": "States required to establish procedures to ensure that interest accrues on child support payments which are in arrears",
"nested": [
{
"text": "(a) In general \nSection 466(a)(8) of the Social Security Act ( 42 U.S.C. 666(a)(8) ) is amended by adding at the end the following: (C) Procedures under which any child support order issued or modified in the State on or after the effective date of this subparagraph shall provide for the payment of interest on any payment required by the order which is in arrears..",
"id": "HCEEDA594617A48F600F46FFB1C87BEB2",
"header": "In general",
"nested": [],
"links": [
{
"text": "42 U.S.C. 666(a)(8)",
"legal-doc": "usc",
"parsable-cite": "usc/42/666"
}
]
},
{
"text": "(b) Penalty for noncompliance \nSection 409(a)(7)(B)(ii) of such Act ( 42 U.S.C. 609(a)(7)(B)(ii) ) is amended by inserting , except that the percentage that would otherwise apply under this clause shall be increased by 5 percentage points if the State is not in compliance with section 466(a)(8)(C) for the fiscal year before the period.",
"id": "H1A5E314E41C342FBB52800A6ACCF0000",
"header": "Penalty for noncompliance",
"nested": [],
"links": [
{
"text": "42 U.S.C. 609(a)(7)(B)(ii)",
"legal-doc": "usc",
"parsable-cite": "usc/42/609"
}
]
}
],
"links": [
{
"text": "42 U.S.C. 666(a)(8)",
"legal-doc": "usc",
"parsable-cite": "usc/42/666"
},
{
"text": "42 U.S.C. 609(a)(7)(B)(ii)",
"legal-doc": "usc",
"parsable-cite": "usc/42/609"
}
]
},
{
"text": "3. States required to use child support late payment fees in child support enforcement program \nSection 454(21) of the Social Security Act ( 42 U.S.C. 654(21) ) is amended— (1) by striking and at the end of subparagraph (A); (2) by adding and at the end of subparagraph (B); and (3) by adding at the end the following: (C) provide that any fee collected pursuant to this paragraph shall be expended to carry out the State plan approved under this part;.",
"id": "H94B5C31F2C60431A9C9D5478EBEC1AF",
"header": "States required to use child support late payment fees in child support enforcement program",
"nested": [],
"links": [
{
"text": "42 U.S.C. 654(21)",
"legal-doc": "usc",
"parsable-cite": "usc/42/654"
}
]
},
{
"text": "4. Reports to Congress on collection of child support arrearages and of interest on child support obligations \nSection 454 of the Social Security Act ( 42 U.S.C. 654 ) is amended— (1) by striking and at the end of paragraph (32); (2) by striking the period at the end of paragraph (33) and inserting ; and ; and (3) by inserting after paragraph (33) the following: (34) provide that the State shall submit annually to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a written report which specifies the total amount of child support arrearages and the total amount of interest on child support obligations collected by the State during the year covered by the report..",
"id": "H8BEAE73E288A4A43A817C87E8EF0881",
"header": "Reports to Congress on collection of child support arrearages and of interest on child support obligations",
"nested": [],
"links": [
{
"text": "42 U.S.C. 654",
"legal-doc": "usc",
"parsable-cite": "usc/42/654"
}
]
},
{
"text": "5. Effective date \n(a) In general \nExcept as provided in subsection (b), the amendments made by this Act shall take effect at the end of the 1-year period that begins with the date of the enactment of this Act, and shall apply to payments under parts A and D of title IV of the Social Security Act for calendar quarters beginning after the 1-year period. (b) Delay permitted if State legislation required \nIf the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan under section 454 of the Social Security Act to meet the additional requirements imposed by the amendments made by this Act, the plan shall not be regarded as failing to meet any of the additional requirements before the 1st day of the 1st calendar quarter beginning after the first regular session of the State legislature that begins after the 1-year period described in subsection (a). If the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature for purposes of this subsection.",
"id": "HB0EDCFF72C154CD49082B96568431DA2",
"header": "Effective date",
"nested": [
{
"text": "(a) In general \nExcept as provided in subsection (b), the amendments made by this Act shall take effect at the end of the 1-year period that begins with the date of the enactment of this Act, and shall apply to payments under parts A and D of title IV of the Social Security Act for calendar quarters beginning after the 1-year period.",
"id": "H2B5B1E504D1043E8BCA745BFA1625ED2",
"header": "In general",
"nested": [],
"links": []
},
{
"text": "(b) Delay permitted if State legislation required \nIf the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan under section 454 of the Social Security Act to meet the additional requirements imposed by the amendments made by this Act, the plan shall not be regarded as failing to meet any of the additional requirements before the 1st day of the 1st calendar quarter beginning after the first regular session of the State legislature that begins after the 1-year period described in subsection (a). If the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature for purposes of this subsection.",
"id": "HBE20917E3E444247A8B13FACE035C7F8",
"header": "Delay permitted if State legislation required",
"nested": [],
"links": []
}
],
"links": []
}
] | 5 | 1. Short title
This Act may be cited as the. 2. States required to establish procedures to ensure that interest accrues on child support payments which are in arrears
(a) In general
Section 466(a)(8) of the Social Security Act ( 42 U.S.C. 666(a)(8) ) is amended by adding at the end the following: (C) Procedures under which any child support order issued or modified in the State on or after the effective date of this subparagraph shall provide for the payment of interest on any payment required by the order which is in arrears.. (b) Penalty for noncompliance
Section 409(a)(7)(B)(ii) of such Act ( 42 U.S.C. 609(a)(7)(B)(ii) ) is amended by inserting , except that the percentage that would otherwise apply under this clause shall be increased by 5 percentage points if the State is not in compliance with section 466(a)(8)(C) for the fiscal year before the period. 3. States required to use child support late payment fees in child support enforcement program
Section 454(21) of the Social Security Act ( 42 U.S.C. 654(21) ) is amended— (1) by striking and at the end of subparagraph (A); (2) by adding and at the end of subparagraph (B); and (3) by adding at the end the following: (C) provide that any fee collected pursuant to this paragraph shall be expended to carry out the State plan approved under this part;. 4. Reports to Congress on collection of child support arrearages and of interest on child support obligations
Section 454 of the Social Security Act ( 42 U.S.C. 654 ) is amended— (1) by striking and at the end of paragraph (32); (2) by striking the period at the end of paragraph (33) and inserting ; and ; and (3) by inserting after paragraph (33) the following: (34) provide that the State shall submit annually to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a written report which specifies the total amount of child support arrearages and the total amount of interest on child support obligations collected by the State during the year covered by the report.. 5. Effective date
(a) In general
Except as provided in subsection (b), the amendments made by this Act shall take effect at the end of the 1-year period that begins with the date of the enactment of this Act, and shall apply to payments under parts A and D of title IV of the Social Security Act for calendar quarters beginning after the 1-year period. (b) Delay permitted if State legislation required
If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan under section 454 of the Social Security Act to meet the additional requirements imposed by the amendments made by this Act, the plan shall not be regarded as failing to meet any of the additional requirements before the 1st day of the 1st calendar quarter beginning after the first regular session of the State legislature that begins after the 1-year period described in subsection (a). If the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature for purposes of this subsection. | 3,187 | [
"Ways and Means Committee"
] |
108hr4114ih | 108 | hr | 4,114 | ih | To amend the Migratory Bird Treaty Act to exclude non-native migratory bird species from the application of that Act, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the.",
"id": "H02EBD5FAA3434B719FE4DC9DF86DC83C",
"header": "Short title",
"nested": [],
"links": []
},
{
"text": "2. Exclusion of non-native species from application of certain prohibitions under Migratory Bird Treaty Act \nSection 2 of the Migratory Bird Treaty Act ( 16 U.S.C. 703 ) is amended— (1) in the first sentence by striking That unless and except as permitted and inserting the following: (a) In General.—Unless and except as permitted ; and (2) by adding at the end the following: (b) Limitation on application to introduced species \n(1) In general \nThis section applies only to migratory bird species that are native to the United States and whose occurrence in the United States is entirely the result of natural biological or ecological conditions. (2) Treatment of introduced species \nFor purposes of paragraph (1)— (A) a bird species shall not be treated as native to the United States if it occurs in the United States solely as a result of intentional or unintentional human-assisted introduction; and (B) a migratory bird species shall be treated as native to the United States if— (i) it was native to the United States and extant in 1918; (ii) it was extirpated after 1918 throughout its range in the United States; and (iii) after such extirpation, it was reintroduced in the United States as a part of a program carried out by a Federal agency..",
"id": "HA6EBF73BCEC043DBB71BACF00A44B54",
"header": "Exclusion of non-native species from application of certain prohibitions under Migratory Bird Treaty Act",
"nested": [],
"links": [
{
"text": "16 U.S.C. 703",
"legal-doc": "usc",
"parsable-cite": "usc/16/703"
}
]
}
] | 2 | 1. Short title
This Act may be cited as the. 2. Exclusion of non-native species from application of certain prohibitions under Migratory Bird Treaty Act
Section 2 of the Migratory Bird Treaty Act ( 16 U.S.C. 703 ) is amended— (1) in the first sentence by striking That unless and except as permitted and inserting the following: (a) In General.—Unless and except as permitted ; and (2) by adding at the end the following: (b) Limitation on application to introduced species
(1) In general
This section applies only to migratory bird species that are native to the United States and whose occurrence in the United States is entirely the result of natural biological or ecological conditions. (2) Treatment of introduced species
For purposes of paragraph (1)— (A) a bird species shall not be treated as native to the United States if it occurs in the United States solely as a result of intentional or unintentional human-assisted introduction; and (B) a migratory bird species shall be treated as native to the United States if— (i) it was native to the United States and extant in 1918; (ii) it was extirpated after 1918 throughout its range in the United States; and (iii) after such extirpation, it was reintroduced in the United States as a part of a program carried out by a Federal agency.. | 1,300 | [
"Natural Resources Committee"
] |
108hr5192ih | 108 | hr | 5,192 | ih | To modify the boundary of the Casa Grande Ruins National Monument, and for other purposes. | [
{
"text": "1. Casa grande ruins boundary adjustment \n(a) Short title \nThis section may be cited as the Casa Grande Ruins National Monument Boundary Modification Act of 2004. (b) Findings and purpose \n(1) Findings \nCongress finds as follows: (A) Casa Grande Ruin Reservation was set aside on March 2, 1889, proclaimed as the Nation’s first archeological preserve on June 22, 1892, and redesignated as Casa Grande Ruins National Monument on August 3, 1918. (B) Casa Grande Ruins National Monument protects one of the finest architectural examples of 13th Century Hohokam culture in the American Southwest known to early Spanish explorers as the Great House. (C) Casa Grande is only part of the story of this ancient town that may have covered 2 square miles. (D) Recent surveys and research have determined that the area of the Great House and the village surrounding it extends beyond the current monument boundary. (2) Purposes \nThe purposes of this Act are as follows: (A) To modify the boundary of Casa Grande Ruins National Monument— (i) to protect newly discovered sites associated with the existing monument; (ii) to expand and extend our knowledge and understanding of the ancient Hohokam culture, a major influence in the development of the American Southwest; and (iii) to provide greater opportunities to visitors, researchers, and surrounding communities to understand and appreciate the contributions of this culture to the region. (B) To correct an unintentional trespass and allow for the widening and paving of the San Carlos Irrigation Project (Pima Lateral Canal) by transferring jurisdiction of approximately 3.75 acres of Federal land from the National Park Service to the Bureau of Indian Affairs. (C) To clarify ownership of land on the monument’s southwest boundary. (c) Boundary adjustment \n(1) In general \nThe boundary of the Casa Grande Ruins National Monument is modified to include the approximately 257 acres, generally depicted on the map entitled 2004 Proposed Casa Grande Ruins Boundary Modification , numbered 303/80,018, and dated August 2004 (referred to in this section as the Map ). (2) Map \nThe Map shall be on file and available for inspection in the appropriate offices of the National Park Service. (3) Administration of lands \nLands added to the monument by this subsection shall be administered by the Secretary as part of the monument in accordance with applicable laws and regulations. (d) Land Acquisition \n(1) In general \nThe Secretary is authorized to acquire lands or interest in lands owned by the State of Arizona identified for such purpose on the Map for expansion of the boundaries of the Casa Grande Ruins National Monument. Identified lands owned by the State of Arizona or private landowners may be acquired only with the consent of the landowners, including the State of Arizona or private landowners, and in accordance with State and Federal law. Jurisdiction of lands identified on the Map that are under the jurisdiction of a Federal agency other than the Department of the Interior may be transferred to the Secretary with the consent of the head of the other Federal agency. (2) Lands described \nThe lands on the Map include— (A) 80 acres of privately owned land on the west boundary of the monument; (B) 7.4 acres of Federal land, known as the Horvath Site, administered by the Bureau of Indian Affairs, located to the northeast of the monument; (C) 3 parcels of land totaling 43.42 acres, owned by the Archeological Conservancy, located to the east of the monument; (D) 4.5 acres of Federal land administered by the Bureau of Land Management, located on the southwest boundary of the Monument; and (E) 126 acres of land owned by the State of Arizona, known as Adamsville, located 4 miles east of the monument. (3) Compensation \nAs consideration for the acquisition of State and private lands or interests in lands, the Secretary shall pay fair market value for such lands or shall convey to the State of Arizona and private land owners all or some interest in Federal land or any other asset of equal value within the State of Arizona, unless the lands or interests in lands are donated. (e) Transfer of land to BIA \nJurisdiction over the approximately 3.75 acres of Federal land identified for such purpose on the Map is hereby transferred from the National Park Service to the Bureau of Indian Affairs to allow for the widening and paving of the San Carlos Irrigation Project (Pima Lateral Canal).",
"id": "HA6CA85863D3045A38D61251F6EB16ECA",
"header": "Casa grande ruins boundary adjustment",
"nested": [
{
"text": "(a) Short title \nThis section may be cited as the Casa Grande Ruins National Monument Boundary Modification Act of 2004.",
"id": "H3C2223FE0E9D4C27BD41C3CF7E29F2C",
"header": "Short title",
"nested": [],
"links": []
},
{
"text": "(b) Findings and purpose \n(1) Findings \nCongress finds as follows: (A) Casa Grande Ruin Reservation was set aside on March 2, 1889, proclaimed as the Nation’s first archeological preserve on June 22, 1892, and redesignated as Casa Grande Ruins National Monument on August 3, 1918. (B) Casa Grande Ruins National Monument protects one of the finest architectural examples of 13th Century Hohokam culture in the American Southwest known to early Spanish explorers as the Great House. (C) Casa Grande is only part of the story of this ancient town that may have covered 2 square miles. (D) Recent surveys and research have determined that the area of the Great House and the village surrounding it extends beyond the current monument boundary. (2) Purposes \nThe purposes of this Act are as follows: (A) To modify the boundary of Casa Grande Ruins National Monument— (i) to protect newly discovered sites associated with the existing monument; (ii) to expand and extend our knowledge and understanding of the ancient Hohokam culture, a major influence in the development of the American Southwest; and (iii) to provide greater opportunities to visitors, researchers, and surrounding communities to understand and appreciate the contributions of this culture to the region. (B) To correct an unintentional trespass and allow for the widening and paving of the San Carlos Irrigation Project (Pima Lateral Canal) by transferring jurisdiction of approximately 3.75 acres of Federal land from the National Park Service to the Bureau of Indian Affairs. (C) To clarify ownership of land on the monument’s southwest boundary.",
"id": "H29FFAB53ACF5482D85FE9F4402C29FD",
"header": "Findings and purpose",
"nested": [],
"links": []
},
{
"text": "(c) Boundary adjustment \n(1) In general \nThe boundary of the Casa Grande Ruins National Monument is modified to include the approximately 257 acres, generally depicted on the map entitled 2004 Proposed Casa Grande Ruins Boundary Modification , numbered 303/80,018, and dated August 2004 (referred to in this section as the Map ). (2) Map \nThe Map shall be on file and available for inspection in the appropriate offices of the National Park Service. (3) Administration of lands \nLands added to the monument by this subsection shall be administered by the Secretary as part of the monument in accordance with applicable laws and regulations.",
"id": "HB3F3B2922BFD4077B062345698A4CE9F",
"header": "Boundary adjustment",
"nested": [],
"links": []
},
{
"text": "(d) Land Acquisition \n(1) In general \nThe Secretary is authorized to acquire lands or interest in lands owned by the State of Arizona identified for such purpose on the Map for expansion of the boundaries of the Casa Grande Ruins National Monument. Identified lands owned by the State of Arizona or private landowners may be acquired only with the consent of the landowners, including the State of Arizona or private landowners, and in accordance with State and Federal law. Jurisdiction of lands identified on the Map that are under the jurisdiction of a Federal agency other than the Department of the Interior may be transferred to the Secretary with the consent of the head of the other Federal agency. (2) Lands described \nThe lands on the Map include— (A) 80 acres of privately owned land on the west boundary of the monument; (B) 7.4 acres of Federal land, known as the Horvath Site, administered by the Bureau of Indian Affairs, located to the northeast of the monument; (C) 3 parcels of land totaling 43.42 acres, owned by the Archeological Conservancy, located to the east of the monument; (D) 4.5 acres of Federal land administered by the Bureau of Land Management, located on the southwest boundary of the Monument; and (E) 126 acres of land owned by the State of Arizona, known as Adamsville, located 4 miles east of the monument. (3) Compensation \nAs consideration for the acquisition of State and private lands or interests in lands, the Secretary shall pay fair market value for such lands or shall convey to the State of Arizona and private land owners all or some interest in Federal land or any other asset of equal value within the State of Arizona, unless the lands or interests in lands are donated.",
"id": "H70F54FD9CB88444CB0251CDCC6DD8EF9",
"header": "Land Acquisition",
"nested": [],
"links": []
},
{
"text": "(e) Transfer of land to BIA \nJurisdiction over the approximately 3.75 acres of Federal land identified for such purpose on the Map is hereby transferred from the National Park Service to the Bureau of Indian Affairs to allow for the widening and paving of the San Carlos Irrigation Project (Pima Lateral Canal).",
"id": "HDDB821E9AB95474D8600FE97687C4127",
"header": "Transfer of land to BIA",
"nested": [],
"links": []
}
],
"links": []
}
] | 1 | 1. Casa grande ruins boundary adjustment
(a) Short title
This section may be cited as the Casa Grande Ruins National Monument Boundary Modification Act of 2004. (b) Findings and purpose
(1) Findings
Congress finds as follows: (A) Casa Grande Ruin Reservation was set aside on March 2, 1889, proclaimed as the Nation’s first archeological preserve on June 22, 1892, and redesignated as Casa Grande Ruins National Monument on August 3, 1918. (B) Casa Grande Ruins National Monument protects one of the finest architectural examples of 13th Century Hohokam culture in the American Southwest known to early Spanish explorers as the Great House. (C) Casa Grande is only part of the story of this ancient town that may have covered 2 square miles. (D) Recent surveys and research have determined that the area of the Great House and the village surrounding it extends beyond the current monument boundary. (2) Purposes
The purposes of this Act are as follows: (A) To modify the boundary of Casa Grande Ruins National Monument— (i) to protect newly discovered sites associated with the existing monument; (ii) to expand and extend our knowledge and understanding of the ancient Hohokam culture, a major influence in the development of the American Southwest; and (iii) to provide greater opportunities to visitors, researchers, and surrounding communities to understand and appreciate the contributions of this culture to the region. (B) To correct an unintentional trespass and allow for the widening and paving of the San Carlos Irrigation Project (Pima Lateral Canal) by transferring jurisdiction of approximately 3.75 acres of Federal land from the National Park Service to the Bureau of Indian Affairs. (C) To clarify ownership of land on the monument’s southwest boundary. (c) Boundary adjustment
(1) In general
The boundary of the Casa Grande Ruins National Monument is modified to include the approximately 257 acres, generally depicted on the map entitled 2004 Proposed Casa Grande Ruins Boundary Modification , numbered 303/80,018, and dated August 2004 (referred to in this section as the Map ). (2) Map
The Map shall be on file and available for inspection in the appropriate offices of the National Park Service. (3) Administration of lands
Lands added to the monument by this subsection shall be administered by the Secretary as part of the monument in accordance with applicable laws and regulations. (d) Land Acquisition
(1) In general
The Secretary is authorized to acquire lands or interest in lands owned by the State of Arizona identified for such purpose on the Map for expansion of the boundaries of the Casa Grande Ruins National Monument. Identified lands owned by the State of Arizona or private landowners may be acquired only with the consent of the landowners, including the State of Arizona or private landowners, and in accordance with State and Federal law. Jurisdiction of lands identified on the Map that are under the jurisdiction of a Federal agency other than the Department of the Interior may be transferred to the Secretary with the consent of the head of the other Federal agency. (2) Lands described
The lands on the Map include— (A) 80 acres of privately owned land on the west boundary of the monument; (B) 7.4 acres of Federal land, known as the Horvath Site, administered by the Bureau of Indian Affairs, located to the northeast of the monument; (C) 3 parcels of land totaling 43.42 acres, owned by the Archeological Conservancy, located to the east of the monument; (D) 4.5 acres of Federal land administered by the Bureau of Land Management, located on the southwest boundary of the Monument; and (E) 126 acres of land owned by the State of Arizona, known as Adamsville, located 4 miles east of the monument. (3) Compensation
As consideration for the acquisition of State and private lands or interests in lands, the Secretary shall pay fair market value for such lands or shall convey to the State of Arizona and private land owners all or some interest in Federal land or any other asset of equal value within the State of Arizona, unless the lands or interests in lands are donated. (e) Transfer of land to BIA
Jurisdiction over the approximately 3.75 acres of Federal land identified for such purpose on the Map is hereby transferred from the National Park Service to the Bureau of Indian Affairs to allow for the widening and paving of the San Carlos Irrigation Project (Pima Lateral Canal). | 4,451 | [
"Natural Resources Committee"
] |
108hr4033ih | 108 | hr | 4,033 | ih | To terminate the Federal tobacco quota and price support programs, to require the payment of fair and equitable compensation for tobacco quota holders and active tobacco producers adversely affected by the termination of such programs, and for other purposes. | [
{
"text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Fair and Equitable Tobacco Reform Act of 2004. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents Sec. 2. Effective date Title I—Termination of Federal tobacco quota and price support programs Sec. 101. Termination of tobacco quota program and related provisions Sec. 102. Termination of tobacco price support program and related provisions Sec. 103. Liability Title II—Transitional payments to tobacco quota holders and active producers of tobacco Sec. 201. Definitions of active tobacco producer and quota holder Sec. 202. Payments to tobacco quota holders Sec. 203. Transition payments for active producers of quota tobacco Sec. 204. Geographical restrictions on expansion of tobacco production Sec. 205. Resolution of disputes Sec. 206. Source of funds for payments",
"id": "H950F0818A7424C2D98C38FE524E46750",
"header": "Short title; table of contents",
"nested": [
{
"text": "(a) Short title \nThis Act may be cited as the Fair and Equitable Tobacco Reform Act of 2004.",
"id": "H3985A93E51E040FA91258129C0AF716C",
"header": "Short title",
"nested": [],
"links": []
},
{
"text": "(b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents Sec. 2. Effective date Title I—Termination of Federal tobacco quota and price support programs Sec. 101. Termination of tobacco quota program and related provisions Sec. 102. Termination of tobacco price support program and related provisions Sec. 103. Liability Title II—Transitional payments to tobacco quota holders and active producers of tobacco Sec. 201. Definitions of active tobacco producer and quota holder Sec. 202. Payments to tobacco quota holders Sec. 203. Transition payments for active producers of quota tobacco Sec. 204. Geographical restrictions on expansion of tobacco production Sec. 205. Resolution of disputes Sec. 206. Source of funds for payments",
"id": "HE3E1EF4306A64930B5A1539E40783C1C",
"header": "Table of contents",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "2. Effective date \nThis Act and the amendments made by this Act shall apply to the 2005 and subsequent crops of each kind of tobacco.",
"id": "H8CFFCDF4A79D40BA8C3D35FA2138193E",
"header": "Effective date",
"nested": [],
"links": []
},
{
"text": "101. Termination of tobacco quota program and related provisions \n(a) Marketing quotas \nPart I of subtitle B of title III of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1311 et seq. ) is repealed. (b) Processing tax \nSection 9(b) of the Agricultural Adjustment Act ( 7 U.S.C. 609(b) ), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is amended— (1) in paragraph (2), by striking tobacco, ; and (2) in paragraph (6)(B)(i), by striking , or, in the case of tobacco, is less than the fair exchange value by not more than 10 per centum,. (c) Declaration of policy \nSection 2 of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1282 ) is amended by striking tobacco,. (d) Definitions \nSection 301(b) of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1301(b) ) is amended— (1) in paragraph (3)— (A) by striking subparagraph (C); and (B) by redesignating subparagraph (D) as subparagraph (C); (2) in paragraph (6)(A), by striking tobacco, ; (3) in paragraph (10)— (A) by striking subparagraph (B); and (B) by redesignating subparagraph (C) as subparagraph (B); (4) in paragraph (11)(B), by striking and tobacco ; (5) in paragraph (12), by striking tobacco, ; (6) in paragraph (14)— (A) in subparagraph (A), by striking (A) ; and (B) by striking subparagraphs (B), (C), and (D); (7) by striking paragraph (15); (8) in paragraph (16)— (A) by striking subparagraph (B); and (B) by redesignating subparagraph (C) as subparagraph (B); (9) by striking paragraph (17); and (10) by redesignating paragraph (16) as paragraph (15). (e) Parity payments \nSection 303 of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1303 ) is amended in the first sentence by striking rice, or tobacco, and inserting or rice,. (f) Administrative provisions \nSection 361 of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1361 ) is amended by striking tobacco,. (g) Adjustment of quotas \nSection 371 of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1371 ) is amended— (1) in the first sentence of subsection (a), by striking rice, or tobacco and inserting or rice ; and (2) in the first sentence of subsection (b), by striking rice, or tobacco and inserting or rice. (h) Regulations \nSection 375 of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1375 ) is amended— (1) in subsection (a), by striking peanuts, or tobacco and inserting or peanuts ; and (2) by striking subsection (c). (i) Eminent domain \nSection 378 of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1378 ) is amended— (1) in the first sentence of subsection (c), by striking cotton, and tobacco and inserting and cotton ; and (2) by striking subsections (d), (e), and (f). (j) Burley tobacco farm reconstitution \nSection 379 of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1379 ) is amended— (1) in subsection (a)— (A) by striking (a) ; and (B) in paragraph (6), by striking , but this clause (6) shall not be applicable in the case of burley tobacco ; and (2) by striking subsections (b) and (c). (k) Acreage-poundage quotas \nSection 4 of the Act of April 16, 1955 ( Public Law 89–12 ; 7 U.S.C. 1314c note), is repealed. (l) Burley tobacco acreage allotments \nThe Act of July 12, 1952 ( 7 U.S.C. 1315 ), is repealed. (m) Transfer of allotments \nSection 703 of the Food and Agriculture Act of 1965 ( 7 U.S.C. 1316 ) is repealed. (n) Advance recourse loans \nSection 13(a)(2)(B) of the Food Security Improvements Act of 1986 ( 7 U.S.C. 1433c–1(a)(2)(B) ) is amended by striking tobacco and. (o) Tobacco field measurement \nSection 1112 of the Omnibus Budget Reconciliation Act of 1987 ( Public Law 100–203 ) is amended by striking subsection (c).",
"id": "H13908A2B425F41DBAAD3EF62CC60DB34",
"header": "Termination of tobacco quota program and related provisions",
"nested": [
{
"text": "(a) Marketing quotas \nPart I of subtitle B of title III of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1311 et seq. ) is repealed.",
"id": "H1767782B43AC4D728B414B935CD04E7D",
"header": "Marketing quotas",
"nested": [],
"links": [
{
"text": "7 U.S.C. 1311 et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/7/1311"
}
]
},
{
"text": "(b) Processing tax \nSection 9(b) of the Agricultural Adjustment Act ( 7 U.S.C. 609(b) ), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is amended— (1) in paragraph (2), by striking tobacco, ; and (2) in paragraph (6)(B)(i), by striking , or, in the case of tobacco, is less than the fair exchange value by not more than 10 per centum,.",
"id": "H142C6DE3493746539D07F61F4858595E",
"header": "Processing tax",
"nested": [],
"links": [
{
"text": "7 U.S.C. 609(b)",
"legal-doc": "usc",
"parsable-cite": "usc/7/609"
}
]
},
{
"text": "(c) Declaration of policy \nSection 2 of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1282 ) is amended by striking tobacco,.",
"id": "H2E76AEF52AA1412A8C94AB4C00E674DC",
"header": "Declaration of policy",
"nested": [],
"links": [
{
"text": "7 U.S.C. 1282",
"legal-doc": "usc",
"parsable-cite": "usc/7/1282"
}
]
},
{
"text": "(d) Definitions \nSection 301(b) of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1301(b) ) is amended— (1) in paragraph (3)— (A) by striking subparagraph (C); and (B) by redesignating subparagraph (D) as subparagraph (C); (2) in paragraph (6)(A), by striking tobacco, ; (3) in paragraph (10)— (A) by striking subparagraph (B); and (B) by redesignating subparagraph (C) as subparagraph (B); (4) in paragraph (11)(B), by striking and tobacco ; (5) in paragraph (12), by striking tobacco, ; (6) in paragraph (14)— (A) in subparagraph (A), by striking (A) ; and (B) by striking subparagraphs (B), (C), and (D); (7) by striking paragraph (15); (8) in paragraph (16)— (A) by striking subparagraph (B); and (B) by redesignating subparagraph (C) as subparagraph (B); (9) by striking paragraph (17); and (10) by redesignating paragraph (16) as paragraph (15).",
"id": "HF1E46FCA69DD472E956E19F907045900",
"header": "Definitions",
"nested": [],
"links": [
{
"text": "7 U.S.C. 1301(b)",
"legal-doc": "usc",
"parsable-cite": "usc/7/1301"
}
]
},
{
"text": "(e) Parity payments \nSection 303 of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1303 ) is amended in the first sentence by striking rice, or tobacco, and inserting or rice,.",
"id": "H58F81F8400994B2481DB66914919E43",
"header": "Parity payments",
"nested": [],
"links": [
{
"text": "7 U.S.C. 1303",
"legal-doc": "usc",
"parsable-cite": "usc/7/1303"
}
]
},
{
"text": "(f) Administrative provisions \nSection 361 of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1361 ) is amended by striking tobacco,.",
"id": "H3CB162FA92D94665AE4489FACBB9E142",
"header": "Administrative provisions",
"nested": [],
"links": [
{
"text": "7 U.S.C. 1361",
"legal-doc": "usc",
"parsable-cite": "usc/7/1361"
}
]
},
{
"text": "(g) Adjustment of quotas \nSection 371 of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1371 ) is amended— (1) in the first sentence of subsection (a), by striking rice, or tobacco and inserting or rice ; and (2) in the first sentence of subsection (b), by striking rice, or tobacco and inserting or rice.",
"id": "H63E8FF00D44A414491BB719F5C130726",
"header": "Adjustment of quotas",
"nested": [],
"links": [
{
"text": "7 U.S.C. 1371",
"legal-doc": "usc",
"parsable-cite": "usc/7/1371"
}
]
},
{
"text": "(h) Regulations \nSection 375 of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1375 ) is amended— (1) in subsection (a), by striking peanuts, or tobacco and inserting or peanuts ; and (2) by striking subsection (c).",
"id": "H9464F4CCA7D0476DA968EEA3AE637D80",
"header": "Regulations",
"nested": [],
"links": [
{
"text": "7 U.S.C. 1375",
"legal-doc": "usc",
"parsable-cite": "usc/7/1375"
}
]
},
{
"text": "(i) Eminent domain \nSection 378 of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1378 ) is amended— (1) in the first sentence of subsection (c), by striking cotton, and tobacco and inserting and cotton ; and (2) by striking subsections (d), (e), and (f).",
"id": "H3CA290B13FA24A97A25EF55500EB02D",
"header": "Eminent domain",
"nested": [],
"links": [
{
"text": "7 U.S.C. 1378",
"legal-doc": "usc",
"parsable-cite": "usc/7/1378"
}
]
},
{
"text": "(j) Burley tobacco farm reconstitution \nSection 379 of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1379 ) is amended— (1) in subsection (a)— (A) by striking (a) ; and (B) in paragraph (6), by striking , but this clause (6) shall not be applicable in the case of burley tobacco ; and (2) by striking subsections (b) and (c).",
"id": "H28F5D269CE8F43AF968FF9858BFF05B5",
"header": "Burley tobacco farm reconstitution",
"nested": [],
"links": [
{
"text": "7 U.S.C. 1379",
"legal-doc": "usc",
"parsable-cite": "usc/7/1379"
}
]
},
{
"text": "(k) Acreage-poundage quotas \nSection 4 of the Act of April 16, 1955 ( Public Law 89–12 ; 7 U.S.C. 1314c note), is repealed.",
"id": "H545186559F3E4058BD31B8BAA6198CC",
"header": "Acreage-poundage quotas",
"nested": [],
"links": [
{
"text": "Public Law 89–12",
"legal-doc": "public-law",
"parsable-cite": "pl/89/12"
},
{
"text": "7 U.S.C. 1314c",
"legal-doc": "usc",
"parsable-cite": "usc/7/1314c"
}
]
},
{
"text": "(l) Burley tobacco acreage allotments \nThe Act of July 12, 1952 ( 7 U.S.C. 1315 ), is repealed.",
"id": "H99BD6F7CFF224B2F965D008ECA5CF63C",
"header": "Burley tobacco acreage allotments",
"nested": [],
"links": [
{
"text": "7 U.S.C. 1315",
"legal-doc": "usc",
"parsable-cite": "usc/7/1315"
}
]
},
{
"text": "(m) Transfer of allotments \nSection 703 of the Food and Agriculture Act of 1965 ( 7 U.S.C. 1316 ) is repealed.",
"id": "HB45BBB93E0A74A37B88C1FA7842DDB1",
"header": "Transfer of allotments",
"nested": [],
"links": [
{
"text": "7 U.S.C. 1316",
"legal-doc": "usc",
"parsable-cite": "usc/7/1316"
}
]
},
{
"text": "(n) Advance recourse loans \nSection 13(a)(2)(B) of the Food Security Improvements Act of 1986 ( 7 U.S.C. 1433c–1(a)(2)(B) ) is amended by striking tobacco and.",
"id": "H8AE61D806E8D440783C3A45CF0C470A7",
"header": "Advance recourse loans",
"nested": [],
"links": [
{
"text": "7 U.S.C. 1433c–1(a)(2)(B)",
"legal-doc": "usc",
"parsable-cite": "usc/7/1433c-1"
}
]
},
{
"text": "(o) Tobacco field measurement \nSection 1112 of the Omnibus Budget Reconciliation Act of 1987 ( Public Law 100–203 ) is amended by striking subsection (c).",
"id": "HD755945C53294E3082FE00DEF14E976",
"header": "Tobacco field measurement",
"nested": [],
"links": [
{
"text": "Public Law 100–203",
"legal-doc": "public-law",
"parsable-cite": "pl/100/203"
}
]
}
],
"links": [
{
"text": "7 U.S.C. 1311 et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/7/1311"
},
{
"text": "7 U.S.C. 609(b)",
"legal-doc": "usc",
"parsable-cite": "usc/7/609"
},
{
"text": "7 U.S.C. 1282",
"legal-doc": "usc",
"parsable-cite": "usc/7/1282"
},
{
"text": "7 U.S.C. 1301(b)",
"legal-doc": "usc",
"parsable-cite": "usc/7/1301"
},
{
"text": "7 U.S.C. 1303",
"legal-doc": "usc",
"parsable-cite": "usc/7/1303"
},
{
"text": "7 U.S.C. 1361",
"legal-doc": "usc",
"parsable-cite": "usc/7/1361"
},
{
"text": "7 U.S.C. 1371",
"legal-doc": "usc",
"parsable-cite": "usc/7/1371"
},
{
"text": "7 U.S.C. 1375",
"legal-doc": "usc",
"parsable-cite": "usc/7/1375"
},
{
"text": "7 U.S.C. 1378",
"legal-doc": "usc",
"parsable-cite": "usc/7/1378"
},
{
"text": "7 U.S.C. 1379",
"legal-doc": "usc",
"parsable-cite": "usc/7/1379"
},
{
"text": "Public Law 89–12",
"legal-doc": "public-law",
"parsable-cite": "pl/89/12"
},
{
"text": "7 U.S.C. 1314c",
"legal-doc": "usc",
"parsable-cite": "usc/7/1314c"
},
{
"text": "7 U.S.C. 1315",
"legal-doc": "usc",
"parsable-cite": "usc/7/1315"
},
{
"text": "7 U.S.C. 1316",
"legal-doc": "usc",
"parsable-cite": "usc/7/1316"
},
{
"text": "7 U.S.C. 1433c–1(a)(2)(B)",
"legal-doc": "usc",
"parsable-cite": "usc/7/1433c-1"
},
{
"text": "Public Law 100–203",
"legal-doc": "public-law",
"parsable-cite": "pl/100/203"
}
]
},
{
"text": "102. Termination of tobacco price support program and related provisions \n(a) Termination of tobacco price support and no net cost provisions \nSections 106, 106A, and 106B of the Agricultural Act of 1949 ( 7 U.S.C. 1445 , 1445–1, 1445–2) are repealed. (b) Parity price support \nSection 101 of the Agricultural Act of 1949 ( 7 U.S.C. 1441 ) is amended— (1) in the first sentence of subsection (a), by striking tobacco (except as otherwise provided herein), corn, and inserting corn ; (2) by striking subsections (c), (g), (h), and (i); (3) in subsection (d)(3)— (A) by striking , except tobacco, ; and (B) by striking and no price support shall be made available for any crop of tobacco for which marketing quotas have been disapproved by producers; ; and (4) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively. (c) Definition of basic agricultural commodity \nSection 408(c) of the Agricultural Act of 1949 ( 7 U.S.C. 1428(c) ) is amended by striking tobacco,. (d) Powers of commodity credit corporation \nSection 5 of the Commodity Credit Corporation Charter Act ( 15 U.S.C. 714c ) is amended by inserting (other than tobacco) after agricultural commodities each place it appears.",
"id": "HD6EA078D8F41467EBAE26F027C9E7DBF",
"header": "Termination of tobacco price support program and related provisions",
"nested": [
{
"text": "(a) Termination of tobacco price support and no net cost provisions \nSections 106, 106A, and 106B of the Agricultural Act of 1949 ( 7 U.S.C. 1445 , 1445–1, 1445–2) are repealed.",
"id": "H165137236E204FB788089BEF3E2DE962",
"header": "Termination of tobacco price support and no net cost provisions",
"nested": [],
"links": [
{
"text": "7 U.S.C. 1445",
"legal-doc": "usc",
"parsable-cite": "usc/7/1445"
}
]
},
{
"text": "(b) Parity price support \nSection 101 of the Agricultural Act of 1949 ( 7 U.S.C. 1441 ) is amended— (1) in the first sentence of subsection (a), by striking tobacco (except as otherwise provided herein), corn, and inserting corn ; (2) by striking subsections (c), (g), (h), and (i); (3) in subsection (d)(3)— (A) by striking , except tobacco, ; and (B) by striking and no price support shall be made available for any crop of tobacco for which marketing quotas have been disapproved by producers; ; and (4) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively.",
"id": "H9A9B81E47D994DEAA2BACA17D5ECFE57",
"header": "Parity price support",
"nested": [],
"links": [
{
"text": "7 U.S.C. 1441",
"legal-doc": "usc",
"parsable-cite": "usc/7/1441"
}
]
},
{
"text": "(c) Definition of basic agricultural commodity \nSection 408(c) of the Agricultural Act of 1949 ( 7 U.S.C. 1428(c) ) is amended by striking tobacco,.",
"id": "HE588818FCAE04E87974212B441321323",
"header": "Definition of basic agricultural commodity",
"nested": [],
"links": [
{
"text": "7 U.S.C. 1428(c)",
"legal-doc": "usc",
"parsable-cite": "usc/7/1428"
}
]
},
{
"text": "(d) Powers of commodity credit corporation \nSection 5 of the Commodity Credit Corporation Charter Act ( 15 U.S.C. 714c ) is amended by inserting (other than tobacco) after agricultural commodities each place it appears.",
"id": "H68BA18BB876849309F06C8BB27A2879E",
"header": "Powers of commodity credit corporation",
"nested": [],
"links": [
{
"text": "15 U.S.C. 714c",
"legal-doc": "usc",
"parsable-cite": "usc/15/714c"
}
]
}
],
"links": [
{
"text": "7 U.S.C. 1445",
"legal-doc": "usc",
"parsable-cite": "usc/7/1445"
},
{
"text": "7 U.S.C. 1441",
"legal-doc": "usc",
"parsable-cite": "usc/7/1441"
},
{
"text": "7 U.S.C. 1428(c)",
"legal-doc": "usc",
"parsable-cite": "usc/7/1428"
},
{
"text": "15 U.S.C. 714c",
"legal-doc": "usc",
"parsable-cite": "usc/15/714c"
}
]
},
{
"text": "103. Liability \nThe amendments made by this title shall not affect the liability of any person under any provision of law so amended with respect to any crop of tobacco planted before the effective date of this Act.",
"id": "H0695C6ED98754FA18689C88D1CB08899",
"header": "Liability",
"nested": [],
"links": []
},
{
"text": "201. Definitions of active tobacco producer and quota holder \nIn this title: (1) Active tobacco producer \nThe term active tobacco producer means an owner, operator, landlord, tenant, or sharecropper who, as of the day before the date of the enactment of this Act— (A) shared in the risk of producing tobacco on a farm where tobacco was produced pursuant to a tobacco farm marketing quota or farm acreage allotment established under part I of subtitle B of title III of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1311 et seq. ), as in effect on the day before the date of the enactment of this Act; and (B) was actively engaged on that farm in the production of tobacco marketed or considered planted. (2) Considered planted \nThe term considered planted means tobacco that was planted, but failed to be produced as a result of a natural disaster, as determined by the Secretary. (3) Tobacco quota holder \nThe term tobacco quota holder means an owner, as of the day before the date of the enactment of this Act, of a tobacco farm marketing quota or a farm acreage allotment established under part I of subtitle B of title III of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1311 et seq. ), as in effect on the day before the date of the enactment of this Act. (4) Secretary \nThe term Secretary means the Secretary of Agriculture.",
"id": "H1253CDF912FD4D8B86E237048F0255FE",
"header": "Definitions of active tobacco producer and quota holder",
"nested": [],
"links": [
{
"text": "7 U.S.C. 1311 et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/7/1311"
},
{
"text": "7 U.S.C. 1311 et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/7/1311"
}
]
},
{
"text": "202. Payments to tobacco quota holders \n(a) Payment required \nThe Secretary shall make payments to each eligible tobacco quota holder for the termination of tobacco marketing quotas and related price support under title I, which shall constitute full and fair compensation for any losses relating to such termination. (b) Eligibility \nTo be eligible to receive a payment under this section, a person shall submit to the Secretary an application containing such information as the Secretary may require to demonstrate to the satisfaction of the Secretary that the person satisfies the definition of tobacco quota holder. The application shall be submitted within such time, in such form, and in such manner as the Secretary may require. (c) Individual base quota level \n(1) In general \nThe Secretary shall establish a base quota level applicable to each eligible tobacco quota holder identified under subsection (b). (2) Poundage quotas \nSubject to adjustment under subsection (d), for each kind of tobacco for which the marketing quota is expressed in pounds, the base quota level for each tobacco quota holder shall be equal to the basic tobacco marketing quota under the Agriculture Adjustment Act of 1938 for the marketing year in effect on the date of the enactment of this Act for quota tobacco on the farm owned by the tobacco quota holder. (3) Marketing quotas other than poundage quotas \nSubject to adjustment under subsection (d), for each kind of tobacco for which there is marketing quota or allotment on an acreage basis, the base quota level for each tobacco quota holder shall be the amount equal to the product obtained by multiplying— (A) the basic tobacco farm marketing quota or allotment for the marketing year in effect on the date of the enactment of this Act, as established by the Secretary for quota tobacco on the farm owned by the tobacco quota holder; by (B) the average county production yield per acre for the county in which the farm is located for the kind of tobacco for that marketing year. (d) Treatment of certain contracts and agreements \n(1) Effect of purchase contract \nIf there was an agreement for the purchase of all or part of a farm described in subsection (c) as of the date of the enactment of this Act, and the parties to the sale are unable to agree to the disposition of eligibility for payments under this section, the Secretary, taking into account any transfer of quota that has been agreed to, shall provide for the equitable division of the payments among the parties by adjusting the determination of who is the tobacco quota holder with respect to particular pounds of the quota. (2) Effect of agreement for permanent quota transfer \nIf the Secretary determines that there was in existence, as of the day before the date of the enactment of this Act, an agreement for the permanent transfer of quota, but that the transfer was not completed by that date, the Secretary shall consider the tobacco quota holder to be the party to the agreement that, as of that date, was the owner of the farm to which the quota was to be transferred. (e) Total payment amounts based on 2002 marketing year \n(1) Calculation of annual payment amount \nDuring fiscal years 2005 through 2009, the Secretary shall make payments to all eligible tobacco quota holders identified under subsection (b) in an annual amount equal to the product obtained by multiplying, for each kind of tobacco for which the marketing quota is expressed in pounds— (A) $1.40 per pound; by (B) the total tobacco farm marketing quotas established under the Agriculture Adjustment Act of 1938 for the 2002 marketing year for that kind of tobacco. (2) Marketing quotas other than poundage quotas \nFor each kind of tobacco for which there is a marketing quota or allotment on an acreage basis, the Secretary shall convert the tobacco farm marketing quotas or allotments established under the Agriculture Adjustment Act of 1938 for the 2002 marketing year for that kind of tobacco to a poundage basis before executing the mathematical equation specified in paragraph (1). (f) Individual payment amounts \nThe annual payment amount for each eligible tobacco quota holder with respect to a kind of tobacco under this section shall bear the same ratio to the amount determined by the Secretary under subsection (e) with respect to that kind of tobacco as the individual base quota level of that eligible tobacco quota holder under subsection (c) with respect to that kind of tobacco bears to the total base quota levels of all eligible tobacco quota holders with respect to that kind of tobacco. (g) Death of tobacco quota holder \nIf a tobacco quota holder who is entitled to payments under this section dies and is survived by a spouse or one or more dependents, the right to receive the payments shall transfer to the surviving spouse or, if there is no surviving spouse, to the estate of the tobacco quota holder.",
"id": "HBE378FBC488E46BE9E1B8B07AB14EA00",
"header": "Payments to tobacco quota holders",
"nested": [
{
"text": "(a) Payment required \nThe Secretary shall make payments to each eligible tobacco quota holder for the termination of tobacco marketing quotas and related price support under title I, which shall constitute full and fair compensation for any losses relating to such termination.",
"id": "H4AB8BE90CD2748049DA60067942B3FC4",
"header": "Payment required",
"nested": [],
"links": []
},
{
"text": "(b) Eligibility \nTo be eligible to receive a payment under this section, a person shall submit to the Secretary an application containing such information as the Secretary may require to demonstrate to the satisfaction of the Secretary that the person satisfies the definition of tobacco quota holder. The application shall be submitted within such time, in such form, and in such manner as the Secretary may require.",
"id": "H7F585F193E1A43B30066129D5557D4E2",
"header": "Eligibility",
"nested": [],
"links": []
},
{
"text": "(c) Individual base quota level \n(1) In general \nThe Secretary shall establish a base quota level applicable to each eligible tobacco quota holder identified under subsection (b). (2) Poundage quotas \nSubject to adjustment under subsection (d), for each kind of tobacco for which the marketing quota is expressed in pounds, the base quota level for each tobacco quota holder shall be equal to the basic tobacco marketing quota under the Agriculture Adjustment Act of 1938 for the marketing year in effect on the date of the enactment of this Act for quota tobacco on the farm owned by the tobacco quota holder. (3) Marketing quotas other than poundage quotas \nSubject to adjustment under subsection (d), for each kind of tobacco for which there is marketing quota or allotment on an acreage basis, the base quota level for each tobacco quota holder shall be the amount equal to the product obtained by multiplying— (A) the basic tobacco farm marketing quota or allotment for the marketing year in effect on the date of the enactment of this Act, as established by the Secretary for quota tobacco on the farm owned by the tobacco quota holder; by (B) the average county production yield per acre for the county in which the farm is located for the kind of tobacco for that marketing year.",
"id": "H00BA0BE654A847289B0553BB2F31FDA7",
"header": "Individual base quota level",
"nested": [],
"links": []
},
{
"text": "(d) Treatment of certain contracts and agreements \n(1) Effect of purchase contract \nIf there was an agreement for the purchase of all or part of a farm described in subsection (c) as of the date of the enactment of this Act, and the parties to the sale are unable to agree to the disposition of eligibility for payments under this section, the Secretary, taking into account any transfer of quota that has been agreed to, shall provide for the equitable division of the payments among the parties by adjusting the determination of who is the tobacco quota holder with respect to particular pounds of the quota. (2) Effect of agreement for permanent quota transfer \nIf the Secretary determines that there was in existence, as of the day before the date of the enactment of this Act, an agreement for the permanent transfer of quota, but that the transfer was not completed by that date, the Secretary shall consider the tobacco quota holder to be the party to the agreement that, as of that date, was the owner of the farm to which the quota was to be transferred.",
"id": "H126BF0E60939467091B5EF00F3E4B230",
"header": "Treatment of certain contracts and agreements",
"nested": [],
"links": []
},
{
"text": "(e) Total payment amounts based on 2002 marketing year \n(1) Calculation of annual payment amount \nDuring fiscal years 2005 through 2009, the Secretary shall make payments to all eligible tobacco quota holders identified under subsection (b) in an annual amount equal to the product obtained by multiplying, for each kind of tobacco for which the marketing quota is expressed in pounds— (A) $1.40 per pound; by (B) the total tobacco farm marketing quotas established under the Agriculture Adjustment Act of 1938 for the 2002 marketing year for that kind of tobacco. (2) Marketing quotas other than poundage quotas \nFor each kind of tobacco for which there is a marketing quota or allotment on an acreage basis, the Secretary shall convert the tobacco farm marketing quotas or allotments established under the Agriculture Adjustment Act of 1938 for the 2002 marketing year for that kind of tobacco to a poundage basis before executing the mathematical equation specified in paragraph (1).",
"id": "H5CD3E1B85E1B439294D8BEB5C9D150CD",
"header": "Total payment amounts based on 2002 marketing year",
"nested": [],
"links": []
},
{
"text": "(f) Individual payment amounts \nThe annual payment amount for each eligible tobacco quota holder with respect to a kind of tobacco under this section shall bear the same ratio to the amount determined by the Secretary under subsection (e) with respect to that kind of tobacco as the individual base quota level of that eligible tobacco quota holder under subsection (c) with respect to that kind of tobacco bears to the total base quota levels of all eligible tobacco quota holders with respect to that kind of tobacco.",
"id": "HDFA1DFFE21C149B6A697D134A5D02DDB",
"header": "Individual payment amounts",
"nested": [],
"links": []
},
{
"text": "(g) Death of tobacco quota holder \nIf a tobacco quota holder who is entitled to payments under this section dies and is survived by a spouse or one or more dependents, the right to receive the payments shall transfer to the surviving spouse or, if there is no surviving spouse, to the estate of the tobacco quota holder.",
"id": "HC6DAFBA316624442AB889D6609022236",
"header": "Death of tobacco quota holder",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "203. Transition payments for active producers of quota tobacco \n(a) Transition payments required \nThe Secretary shall make transition payments under this section to eligible active producers of quota tobacco. (b) Eligibility \nTo be eligible to receive a transition payment under this section, a person shall submit to the Secretary an application containing such information as the Secretary may require to demonstrate to the satisfaction of the Secretary that the person satisfies the definition of active producer of quota tobacco. The application shall be submitted within such time, in such form, and in such manner as the Secretary may require. (c) Current production base \nThe Secretary shall establish a production base applicable to each eligible active producer of quota tobacco identified under subsection (b). A producer’s production base shall be equal to the quantity, in pounds, of quota tobacco subject to the basic marketing quota marketed or considered planted by the producer under the Agriculture Adjustment Act of 1938 for the marketing year in effect on the date of the enactment of this Act. (d) Total payment amounts based on 2002 marketing year \n(1) Calculation of annual payment amount \nDuring fiscal years 2005 through 2009, the Secretary shall make payments to all eligible active producers of quota tobacco identified under subsection (b) in an annual amount equal to the product obtained by multiplying, for each kind of tobacco for which the marketing quota is expressed in pounds— (A) $0.60 per pound; by (B) the total tobacco farm marketing quotas established under the Agriculture Adjustment Act of 1938 for the 2002 marketing year for that kind of tobacco. (2) Marketing quotas other than poundage quotas \nFor each kind of tobacco for which there is a marketing quota or allotment on an acreage basis, the Secretary shall convert the tobacco farm marketing quotas or allotments established under the Agriculture Adjustment Act of 1938 for the 2002 marketing year for that kind of tobacco to a poundage basis before executing the mathematical equation specified in paragraph (1). (e) Individual payment amounts \nThe annual payment amount for each eligible active producer of quota tobacco identified under subsection (b) with respect to a kind of tobacco under this section shall bear the same ratio to the amount determined by the Secretary under subsection (d) with respect to that kind of tobacco as the individual production base of that eligible active producer under subsection (c) with respect to that kind of tobacco bears to the total production bases determined under that subsection for all eligible active producers of that kind of tobacco. (f) Death of tobacco producer \nIf a tobacco producer who is entitled to payments under this section dies and is survived by a spouse or one or more dependents, the right to receive the payments shall transfer to the surviving spouse or, if there is no surviving spouse, to the estate of the tobacco producer.",
"id": "H5738CCADF135403788BFE8849E16DDE5",
"header": "Transition payments for active producers of quota tobacco",
"nested": [
{
"text": "(a) Transition payments required \nThe Secretary shall make transition payments under this section to eligible active producers of quota tobacco.",
"id": "H2CDEC512A0334ADF8F5000BA00052C03",
"header": "Transition payments required",
"nested": [],
"links": []
},
{
"text": "(b) Eligibility \nTo be eligible to receive a transition payment under this section, a person shall submit to the Secretary an application containing such information as the Secretary may require to demonstrate to the satisfaction of the Secretary that the person satisfies the definition of active producer of quota tobacco. The application shall be submitted within such time, in such form, and in such manner as the Secretary may require.",
"id": "HA74ED01F5E4049158FF05D12E3E24BA",
"header": "Eligibility",
"nested": [],
"links": []
},
{
"text": "(c) Current production base \nThe Secretary shall establish a production base applicable to each eligible active producer of quota tobacco identified under subsection (b). A producer’s production base shall be equal to the quantity, in pounds, of quota tobacco subject to the basic marketing quota marketed or considered planted by the producer under the Agriculture Adjustment Act of 1938 for the marketing year in effect on the date of the enactment of this Act.",
"id": "HCDC84032187B4275B271FA7BEE646269",
"header": "Current production base",
"nested": [],
"links": []
},
{
"text": "(d) Total payment amounts based on 2002 marketing year \n(1) Calculation of annual payment amount \nDuring fiscal years 2005 through 2009, the Secretary shall make payments to all eligible active producers of quota tobacco identified under subsection (b) in an annual amount equal to the product obtained by multiplying, for each kind of tobacco for which the marketing quota is expressed in pounds— (A) $0.60 per pound; by (B) the total tobacco farm marketing quotas established under the Agriculture Adjustment Act of 1938 for the 2002 marketing year for that kind of tobacco. (2) Marketing quotas other than poundage quotas \nFor each kind of tobacco for which there is a marketing quota or allotment on an acreage basis, the Secretary shall convert the tobacco farm marketing quotas or allotments established under the Agriculture Adjustment Act of 1938 for the 2002 marketing year for that kind of tobacco to a poundage basis before executing the mathematical equation specified in paragraph (1).",
"id": "H8F1B947ED3E3415B895047A300624C51",
"header": "Total payment amounts based on 2002 marketing year",
"nested": [],
"links": []
},
{
"text": "(e) Individual payment amounts \nThe annual payment amount for each eligible active producer of quota tobacco identified under subsection (b) with respect to a kind of tobacco under this section shall bear the same ratio to the amount determined by the Secretary under subsection (d) with respect to that kind of tobacco as the individual production base of that eligible active producer under subsection (c) with respect to that kind of tobacco bears to the total production bases determined under that subsection for all eligible active producers of that kind of tobacco.",
"id": "H1BC5A4FCAA2742E7AFF6715444E34179",
"header": "Individual payment amounts",
"nested": [],
"links": []
},
{
"text": "(f) Death of tobacco producer \nIf a tobacco producer who is entitled to payments under this section dies and is survived by a spouse or one or more dependents, the right to receive the payments shall transfer to the surviving spouse or, if there is no surviving spouse, to the estate of the tobacco producer.",
"id": "H9B3851FEB6FC4BD5844FEA4015059FE8",
"header": "Death of tobacco producer",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "204. Geographical restrictions on expansion of tobacco production \n(a) Purpose \nThe purpose of this section is to provide an orderly economic transition away from the marketing of tobacco based on quotas and price support while also addressing the economic dislocation, and the resulting impact on interstate commerce, that the termination of the tobacco quota and price support programs might cause. (b) Penalty applicable to tobacco grown outside traditional tobacco counties \nThe marketing of tobacco in the 2005 or subsequent marketing years, of a kind of tobacco that was subject to a marketing quota in the 2002 marketing year, shall be subject to a penalty equal to 100 percent of the total amount received on the marketing of the tobacco unless the tobacco was grown in a traditional tobacco county. (c) Definitions \nIn this section: (1) The term marketing year means July 1 to June 30 for flue-cured tobacco and October 1 to September 30 for all other kinds of tobacco. (2) The term marketing quota in the 2002 marketing year means a quota established for that year pursuant to part I of subtitle B of title III of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1311 et seq. ) and related provisions, as in effect for that marketing year. (3) The term traditional tobacco county , with respect to a kind of tobacco, means— (A) a county in the United States that had 1 or more farms operated by active producers of quota tobacco of that kind of tobacco under a marketing quota in the 2002 marketing year; or (B) a county contiguous to a county described in subparagraph (A) for that kind of tobacco.",
"id": "H7E2A10B6FE3E4DB6A33FC6C446D705CB",
"header": "Geographical restrictions on expansion of tobacco production",
"nested": [
{
"text": "(a) Purpose \nThe purpose of this section is to provide an orderly economic transition away from the marketing of tobacco based on quotas and price support while also addressing the economic dislocation, and the resulting impact on interstate commerce, that the termination of the tobacco quota and price support programs might cause.",
"id": "H9F296E789C374520B09ED53FCAD2ECE",
"header": "Purpose",
"nested": [],
"links": []
},
{
"text": "(b) Penalty applicable to tobacco grown outside traditional tobacco counties \nThe marketing of tobacco in the 2005 or subsequent marketing years, of a kind of tobacco that was subject to a marketing quota in the 2002 marketing year, shall be subject to a penalty equal to 100 percent of the total amount received on the marketing of the tobacco unless the tobacco was grown in a traditional tobacco county.",
"id": "HCFB31E00C3AD4B98AF8619BF3002C61",
"header": "Penalty applicable to tobacco grown outside traditional tobacco counties",
"nested": [],
"links": []
},
{
"text": "(c) Definitions \nIn this section: (1) The term marketing year means July 1 to June 30 for flue-cured tobacco and October 1 to September 30 for all other kinds of tobacco. (2) The term marketing quota in the 2002 marketing year means a quota established for that year pursuant to part I of subtitle B of title III of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1311 et seq. ) and related provisions, as in effect for that marketing year. (3) The term traditional tobacco county , with respect to a kind of tobacco, means— (A) a county in the United States that had 1 or more farms operated by active producers of quota tobacco of that kind of tobacco under a marketing quota in the 2002 marketing year; or (B) a county contiguous to a county described in subparagraph (A) for that kind of tobacco.",
"id": "H2F399993EFEA4F8C8838D78DC1F2BACA",
"header": "Definitions",
"nested": [],
"links": [
{
"text": "7 U.S.C. 1311 et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/7/1311"
}
]
}
],
"links": [
{
"text": "7 U.S.C. 1311 et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/7/1311"
}
]
},
{
"text": "205. Resolution of disputes \nAny dispute regarding the eligibility of a person to receive a payment under this title, or the amount of the payment, shall be resolved by the county committee established under section 8 of the Soil Conservation and Domestic Allotment Act ( 16 U.S.C. 590h ) for the county or other area in which the farming operation of the person is located.",
"id": "H542949EB108C4A4A9054DD4774C4C503",
"header": "Resolution of disputes",
"nested": [],
"links": [
{
"text": "16 U.S.C. 590h",
"legal-doc": "usc",
"parsable-cite": "usc/16/590h"
}
]
},
{
"text": "206. Source of funds for payments \nThere is hereby appropriated to the Secretary, from amounts in the general fund of the Treasury, such amounts as the Secretary needs in order to make the payments required by sections 202 and 203, provided such amounts do not exceed amounts received in the Treasury under chapter 52 of the Internal Revenue Code of 1986 (relating to tobacco products and cigarette papers and tubes).",
"id": "HA3758419BD40446BB3AA333CD9152F4C",
"header": "Source of funds for payments",
"nested": [],
"links": [
{
"text": "chapter 52",
"legal-doc": "usc-chapter",
"parsable-cite": "usc-chapter/26/52"
}
]
}
] | 11 | 1. Short title; table of contents
(a) Short title
This Act may be cited as the Fair and Equitable Tobacco Reform Act of 2004. (b) Table of contents
The table of contents for this Act is as follows: Sec. 1. Short title; table of contents Sec. 2. Effective date Title I—Termination of Federal tobacco quota and price support programs Sec. 101. Termination of tobacco quota program and related provisions Sec. 102. Termination of tobacco price support program and related provisions Sec. 103. Liability Title II—Transitional payments to tobacco quota holders and active producers of tobacco Sec. 201. Definitions of active tobacco producer and quota holder Sec. 202. Payments to tobacco quota holders Sec. 203. Transition payments for active producers of quota tobacco Sec. 204. Geographical restrictions on expansion of tobacco production Sec. 205. Resolution of disputes Sec. 206. Source of funds for payments 2. Effective date
This Act and the amendments made by this Act shall apply to the 2005 and subsequent crops of each kind of tobacco. 101. Termination of tobacco quota program and related provisions
(a) Marketing quotas
Part I of subtitle B of title III of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1311 et seq. ) is repealed. (b) Processing tax
Section 9(b) of the Agricultural Adjustment Act ( 7 U.S.C. 609(b) ), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is amended— (1) in paragraph (2), by striking tobacco, ; and (2) in paragraph (6)(B)(i), by striking , or, in the case of tobacco, is less than the fair exchange value by not more than 10 per centum,. (c) Declaration of policy
Section 2 of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1282 ) is amended by striking tobacco,. (d) Definitions
Section 301(b) of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1301(b) ) is amended— (1) in paragraph (3)— (A) by striking subparagraph (C); and (B) by redesignating subparagraph (D) as subparagraph (C); (2) in paragraph (6)(A), by striking tobacco, ; (3) in paragraph (10)— (A) by striking subparagraph (B); and (B) by redesignating subparagraph (C) as subparagraph (B); (4) in paragraph (11)(B), by striking and tobacco ; (5) in paragraph (12), by striking tobacco, ; (6) in paragraph (14)— (A) in subparagraph (A), by striking (A) ; and (B) by striking subparagraphs (B), (C), and (D); (7) by striking paragraph (15); (8) in paragraph (16)— (A) by striking subparagraph (B); and (B) by redesignating subparagraph (C) as subparagraph (B); (9) by striking paragraph (17); and (10) by redesignating paragraph (16) as paragraph (15). (e) Parity payments
Section 303 of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1303 ) is amended in the first sentence by striking rice, or tobacco, and inserting or rice,. (f) Administrative provisions
Section 361 of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1361 ) is amended by striking tobacco,. (g) Adjustment of quotas
Section 371 of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1371 ) is amended— (1) in the first sentence of subsection (a), by striking rice, or tobacco and inserting or rice ; and (2) in the first sentence of subsection (b), by striking rice, or tobacco and inserting or rice. (h) Regulations
Section 375 of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1375 ) is amended— (1) in subsection (a), by striking peanuts, or tobacco and inserting or peanuts ; and (2) by striking subsection (c). (i) Eminent domain
Section 378 of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1378 ) is amended— (1) in the first sentence of subsection (c), by striking cotton, and tobacco and inserting and cotton ; and (2) by striking subsections (d), (e), and (f). (j) Burley tobacco farm reconstitution
Section 379 of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1379 ) is amended— (1) in subsection (a)— (A) by striking (a) ; and (B) in paragraph (6), by striking , but this clause (6) shall not be applicable in the case of burley tobacco ; and (2) by striking subsections (b) and (c). (k) Acreage-poundage quotas
Section 4 of the Act of April 16, 1955 ( Public Law 89–12 ; 7 U.S.C. 1314c note), is repealed. (l) Burley tobacco acreage allotments
The Act of July 12, 1952 ( 7 U.S.C. 1315 ), is repealed. (m) Transfer of allotments
Section 703 of the Food and Agriculture Act of 1965 ( 7 U.S.C. 1316 ) is repealed. (n) Advance recourse loans
Section 13(a)(2)(B) of the Food Security Improvements Act of 1986 ( 7 U.S.C. 1433c–1(a)(2)(B) ) is amended by striking tobacco and. (o) Tobacco field measurement
Section 1112 of the Omnibus Budget Reconciliation Act of 1987 ( Public Law 100–203 ) is amended by striking subsection (c). 102. Termination of tobacco price support program and related provisions
(a) Termination of tobacco price support and no net cost provisions
Sections 106, 106A, and 106B of the Agricultural Act of 1949 ( 7 U.S.C. 1445 , 1445–1, 1445–2) are repealed. (b) Parity price support
Section 101 of the Agricultural Act of 1949 ( 7 U.S.C. 1441 ) is amended— (1) in the first sentence of subsection (a), by striking tobacco (except as otherwise provided herein), corn, and inserting corn ; (2) by striking subsections (c), (g), (h), and (i); (3) in subsection (d)(3)— (A) by striking , except tobacco, ; and (B) by striking and no price support shall be made available for any crop of tobacco for which marketing quotas have been disapproved by producers; ; and (4) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively. (c) Definition of basic agricultural commodity
Section 408(c) of the Agricultural Act of 1949 ( 7 U.S.C. 1428(c) ) is amended by striking tobacco,. (d) Powers of commodity credit corporation
Section 5 of the Commodity Credit Corporation Charter Act ( 15 U.S.C. 714c ) is amended by inserting (other than tobacco) after agricultural commodities each place it appears. 103. Liability
The amendments made by this title shall not affect the liability of any person under any provision of law so amended with respect to any crop of tobacco planted before the effective date of this Act. 201. Definitions of active tobacco producer and quota holder
In this title: (1) Active tobacco producer
The term active tobacco producer means an owner, operator, landlord, tenant, or sharecropper who, as of the day before the date of the enactment of this Act— (A) shared in the risk of producing tobacco on a farm where tobacco was produced pursuant to a tobacco farm marketing quota or farm acreage allotment established under part I of subtitle B of title III of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1311 et seq. ), as in effect on the day before the date of the enactment of this Act; and (B) was actively engaged on that farm in the production of tobacco marketed or considered planted. (2) Considered planted
The term considered planted means tobacco that was planted, but failed to be produced as a result of a natural disaster, as determined by the Secretary. (3) Tobacco quota holder
The term tobacco quota holder means an owner, as of the day before the date of the enactment of this Act, of a tobacco farm marketing quota or a farm acreage allotment established under part I of subtitle B of title III of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1311 et seq. ), as in effect on the day before the date of the enactment of this Act. (4) Secretary
The term Secretary means the Secretary of Agriculture. 202. Payments to tobacco quota holders
(a) Payment required
The Secretary shall make payments to each eligible tobacco quota holder for the termination of tobacco marketing quotas and related price support under title I, which shall constitute full and fair compensation for any losses relating to such termination. (b) Eligibility
To be eligible to receive a payment under this section, a person shall submit to the Secretary an application containing such information as the Secretary may require to demonstrate to the satisfaction of the Secretary that the person satisfies the definition of tobacco quota holder. The application shall be submitted within such time, in such form, and in such manner as the Secretary may require. (c) Individual base quota level
(1) In general
The Secretary shall establish a base quota level applicable to each eligible tobacco quota holder identified under subsection (b). (2) Poundage quotas
Subject to adjustment under subsection (d), for each kind of tobacco for which the marketing quota is expressed in pounds, the base quota level for each tobacco quota holder shall be equal to the basic tobacco marketing quota under the Agriculture Adjustment Act of 1938 for the marketing year in effect on the date of the enactment of this Act for quota tobacco on the farm owned by the tobacco quota holder. (3) Marketing quotas other than poundage quotas
Subject to adjustment under subsection (d), for each kind of tobacco for which there is marketing quota or allotment on an acreage basis, the base quota level for each tobacco quota holder shall be the amount equal to the product obtained by multiplying— (A) the basic tobacco farm marketing quota or allotment for the marketing year in effect on the date of the enactment of this Act, as established by the Secretary for quota tobacco on the farm owned by the tobacco quota holder; by (B) the average county production yield per acre for the county in which the farm is located for the kind of tobacco for that marketing year. (d) Treatment of certain contracts and agreements
(1) Effect of purchase contract
If there was an agreement for the purchase of all or part of a farm described in subsection (c) as of the date of the enactment of this Act, and the parties to the sale are unable to agree to the disposition of eligibility for payments under this section, the Secretary, taking into account any transfer of quota that has been agreed to, shall provide for the equitable division of the payments among the parties by adjusting the determination of who is the tobacco quota holder with respect to particular pounds of the quota. (2) Effect of agreement for permanent quota transfer
If the Secretary determines that there was in existence, as of the day before the date of the enactment of this Act, an agreement for the permanent transfer of quota, but that the transfer was not completed by that date, the Secretary shall consider the tobacco quota holder to be the party to the agreement that, as of that date, was the owner of the farm to which the quota was to be transferred. (e) Total payment amounts based on 2002 marketing year
(1) Calculation of annual payment amount
During fiscal years 2005 through 2009, the Secretary shall make payments to all eligible tobacco quota holders identified under subsection (b) in an annual amount equal to the product obtained by multiplying, for each kind of tobacco for which the marketing quota is expressed in pounds— (A) $1.40 per pound; by (B) the total tobacco farm marketing quotas established under the Agriculture Adjustment Act of 1938 for the 2002 marketing year for that kind of tobacco. (2) Marketing quotas other than poundage quotas
For each kind of tobacco for which there is a marketing quota or allotment on an acreage basis, the Secretary shall convert the tobacco farm marketing quotas or allotments established under the Agriculture Adjustment Act of 1938 for the 2002 marketing year for that kind of tobacco to a poundage basis before executing the mathematical equation specified in paragraph (1). (f) Individual payment amounts
The annual payment amount for each eligible tobacco quota holder with respect to a kind of tobacco under this section shall bear the same ratio to the amount determined by the Secretary under subsection (e) with respect to that kind of tobacco as the individual base quota level of that eligible tobacco quota holder under subsection (c) with respect to that kind of tobacco bears to the total base quota levels of all eligible tobacco quota holders with respect to that kind of tobacco. (g) Death of tobacco quota holder
If a tobacco quota holder who is entitled to payments under this section dies and is survived by a spouse or one or more dependents, the right to receive the payments shall transfer to the surviving spouse or, if there is no surviving spouse, to the estate of the tobacco quota holder. 203. Transition payments for active producers of quota tobacco
(a) Transition payments required
The Secretary shall make transition payments under this section to eligible active producers of quota tobacco. (b) Eligibility
To be eligible to receive a transition payment under this section, a person shall submit to the Secretary an application containing such information as the Secretary may require to demonstrate to the satisfaction of the Secretary that the person satisfies the definition of active producer of quota tobacco. The application shall be submitted within such time, in such form, and in such manner as the Secretary may require. (c) Current production base
The Secretary shall establish a production base applicable to each eligible active producer of quota tobacco identified under subsection (b). A producer’s production base shall be equal to the quantity, in pounds, of quota tobacco subject to the basic marketing quota marketed or considered planted by the producer under the Agriculture Adjustment Act of 1938 for the marketing year in effect on the date of the enactment of this Act. (d) Total payment amounts based on 2002 marketing year
(1) Calculation of annual payment amount
During fiscal years 2005 through 2009, the Secretary shall make payments to all eligible active producers of quota tobacco identified under subsection (b) in an annual amount equal to the product obtained by multiplying, for each kind of tobacco for which the marketing quota is expressed in pounds— (A) $0.60 per pound; by (B) the total tobacco farm marketing quotas established under the Agriculture Adjustment Act of 1938 for the 2002 marketing year for that kind of tobacco. (2) Marketing quotas other than poundage quotas
For each kind of tobacco for which there is a marketing quota or allotment on an acreage basis, the Secretary shall convert the tobacco farm marketing quotas or allotments established under the Agriculture Adjustment Act of 1938 for the 2002 marketing year for that kind of tobacco to a poundage basis before executing the mathematical equation specified in paragraph (1). (e) Individual payment amounts
The annual payment amount for each eligible active producer of quota tobacco identified under subsection (b) with respect to a kind of tobacco under this section shall bear the same ratio to the amount determined by the Secretary under subsection (d) with respect to that kind of tobacco as the individual production base of that eligible active producer under subsection (c) with respect to that kind of tobacco bears to the total production bases determined under that subsection for all eligible active producers of that kind of tobacco. (f) Death of tobacco producer
If a tobacco producer who is entitled to payments under this section dies and is survived by a spouse or one or more dependents, the right to receive the payments shall transfer to the surviving spouse or, if there is no surviving spouse, to the estate of the tobacco producer. 204. Geographical restrictions on expansion of tobacco production
(a) Purpose
The purpose of this section is to provide an orderly economic transition away from the marketing of tobacco based on quotas and price support while also addressing the economic dislocation, and the resulting impact on interstate commerce, that the termination of the tobacco quota and price support programs might cause. (b) Penalty applicable to tobacco grown outside traditional tobacco counties
The marketing of tobacco in the 2005 or subsequent marketing years, of a kind of tobacco that was subject to a marketing quota in the 2002 marketing year, shall be subject to a penalty equal to 100 percent of the total amount received on the marketing of the tobacco unless the tobacco was grown in a traditional tobacco county. (c) Definitions
In this section: (1) The term marketing year means July 1 to June 30 for flue-cured tobacco and October 1 to September 30 for all other kinds of tobacco. (2) The term marketing quota in the 2002 marketing year means a quota established for that year pursuant to part I of subtitle B of title III of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1311 et seq. ) and related provisions, as in effect for that marketing year. (3) The term traditional tobacco county , with respect to a kind of tobacco, means— (A) a county in the United States that had 1 or more farms operated by active producers of quota tobacco of that kind of tobacco under a marketing quota in the 2002 marketing year; or (B) a county contiguous to a county described in subparagraph (A) for that kind of tobacco. 205. Resolution of disputes
Any dispute regarding the eligibility of a person to receive a payment under this title, or the amount of the payment, shall be resolved by the county committee established under section 8 of the Soil Conservation and Domestic Allotment Act ( 16 U.S.C. 590h ) for the county or other area in which the farming operation of the person is located. 206. Source of funds for payments
There is hereby appropriated to the Secretary, from amounts in the general fund of the Treasury, such amounts as the Secretary needs in order to make the payments required by sections 202 and 203, provided such amounts do not exceed amounts received in the Treasury under chapter 52 of the Internal Revenue Code of 1986 (relating to tobacco products and cigarette papers and tubes). | 17,775 | [
"Agriculture Committee"
] |
108hr4863ih | 108 | hr | 4,863 | ih | To establish the Commission to Establish the National Museum of the American Latino to develop a plan of action for the establishment and maintenance within the Smithsonian Institution of the National Museum of the American Latino in Washington, D.C., and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the Commission to Establish the National Museum of the American Latino Act of 2004.",
"id": "HDC647932554E4054A8BF3EB34D986094",
"header": "Short title",
"nested": [],
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"text": "2. Findings \nCongress finds as follows: (1) American Latinos are an ethnically and racially diverse population. Still, whether known by the term Hispanic or Latino, or by the various national identities from which they obtain their ethnicity, American Latinos share a common heritage rooted in the mixture of the cultures of the indigenous peoples of the American continent, of the European colonizers from Spain, and of Africans who were brought to those colonies as slaves. (2) While the history of the United States formally dates from 1776, American civilization was already centuries old by then. Latinos were present on the continent for more than 200 years prior to the Declaration of Independence. Spanish colonists founded the first permanent settlement on future United States territory in St. Augustine, Florida in 1565. Indigenous nations that had thrived for centuries prior to the landing of Columbus would later mix with colonists of various ethnicities from Spain to create a third culture, one that continues to thrive in various forms throughout the Americas today. (3) Since before our Nation’s founding, Latinos have come to this land searching for opportunity, prosperity, and chance. In this regard, not much has changed in over 3 centuries. Through every era of our Nation’s history, whether in the fields of plenty or on the field of battle, a Latino presence was felt. Since before the early colonization of the west, Latinos have labored under the harsh sun to put food on America’s tables. From the earliest days of American industry, Latinos have worked in our factories. Through every war and conflict, Latinos have served honorably and proudly next to their fellow Americans to defend the ideals of freedom, democracy, and liberty worldwide, earning countless awards for valor and sacrifice. (4) The history, art, politics, economy, and culture of the United States have been enriched since the Nation’s founding by the influence of American Latinos and their traditions and innovations. Both native and foreign-born Latinos in the United States continue to make significant contributions to the arts and humanities, academia, and the popular culture that have benefited all Americans. (5) According to the Bureau of the Census, the population of American Latinos recently grew to become the largest demographic minority group in the country. As of July 2002, there were an estimated 38.8 million Latinos in the United States. One out of every three of these is under the age of 18, and four out of every 10 is under the age of 25. The youthfulness and rapid growth of this population ensure that American Latinos will have a substantial role in American life ranging from public policy to popular entertainment. Greater understanding of this role will benefit all of American society. (6) The American Latino population historically has been concentrated in certain regions of the United States. In the last several decades, however, there has been more dispersed growth of the community throughout the entire country. In the southern states other than Texas, most have seen the population of Latinos, primarily immigrants, double between the years 1990 and 2000, adding to the mixture of cultures already there as these individuals adapt to Southern life. (7) Despite the history and demography as well as the ongoing contributions that American Latinos make to the cultural life of the United States, there remains a great gap in the level and quality of awareness that other Americans possess about the rich and diverse character of Latino culture and history. Sometimes the lack of awareness manifests itself in the development of stereotypes or misconceptions about Latinos. Greater effort is needed at a national level to educate other Americans about Latinos, and to celebrate and disseminate information about Latino arts and history. Americans of all backgrounds benefit from greater understanding of the diversity that exists in the United States. (8) The Smithsonian Institution is the world’s largest museum and research complex, with 16 museums in the District of Columbia and New York City. The Smithsonian Institution museums, especially those on the National Mall, play a unique and important role in educating visitors to the Nation’s capital about our history, arts, and culture. The American people and international visitors recognize the Smithsonian Institution as the premier American museum, representing the vast diversity of cultural history of the United States. (9) After extensive dialogue, conferences, and collaboration among educators, scholars, and community leaders, as well as museums, universities, cultural, and public institutions, a task force appointed to examine the Smithsonian Institution’s representation of American Latinos in its permanent exhibits and other public programs published Willful Neglect: The Smithsonian Institution and U.S. Latinos (May 1994) and Toward a Shared Vision: U.S. Latinos and the Smithsonian Institution (October 1997). The reports indicate that the Smithsonian historically had a poor record of representing Latinos. This criticism led to the creation of the Smithsonian’s Center for Latino Initiatives in 1998. (10) The Center for Latino Initiatives has increased the profile of Latino arts and culture and should be commended for promoting diversity and understanding of American Latino culture by the Smithsonian’s patrons. The Center’s short history has shown that American Latino exhibits and programs are well received by the public and by the Latino community, which benefits from having some representation at the Smithsonian. Still, the level of representation at the Smithsonian of the Latino community is far from where it should be given American Latino history, demography, and contributions to the American cultural landscape. (11) For these reasons, it is necessary to establish a commission to draft a plan of action for creating a National Museum of the American Latino within the Smithsonian Institution, on or near the National Mall in Washington, D.C.",
"id": "H1F93463547B543C1AC685B95D9272E3B",
"header": "Findings",
"nested": [],
"links": []
},
{
"text": "3. Establishment of Commission \n(a) In general \nThere is established the Commission to Establish the National Museum of the American Latino (hereafter in this Act referred to as the Commission ). (b) Membership \nThe Commission shall consist of 23 members appointed not later than 6 months after the date of the enactment of this Act as follows: (1) The President shall appoint 7 voting members. (2) The Speaker of the House of Representatives, the minority leader of the House of Representatives, the Majority Leader of the Senate, and the Minority Leader of the Senate shall each appoint 3 voting members. (3) In addition to the members appointed under paragraph (2), the Speaker of the House of Representatives, the minority leader of the House of Representatives, the Majority Leader of the Senate, and the Minority Leader of the Senate shall each appoint 1 nonvoting member. (c) Qualifications \nMembers of the Commission shall be chosen from among individuals, or representatives of institutions or entities, who possess either— (1) a demonstrated commitment to the research, study, or promotion of American Latino life, art, history, political or economic status, or culture, together with— (A) expertise in museum administration; (B) expertise in fundraising for nonprofit or cultural institutions; (C) experience in the study and teaching of Latino culture and history at the post-secondary level; (D) experience in studying the issue of the Smithsonian Institution’s representation of American Latino art, life, history, and culture; or (E) extensive experience in public or elected service; or (2) experience in the administration of, or the planning for the establishment of, museums devoted to the study and promotion of the role of ethnic, racial, or cultural groups in American history.",
"id": "H0CC13FDC38FB406789EB67CDF1FFB21",
"header": "Establishment of Commission",
"nested": [
{
"text": "(a) In general \nThere is established the Commission to Establish the National Museum of the American Latino (hereafter in this Act referred to as the Commission ).",
"id": "H176614899E354C7C9E8C4DBFDFDEF0A4",
"header": "In general",
"nested": [],
"links": []
},
{
"text": "(b) Membership \nThe Commission shall consist of 23 members appointed not later than 6 months after the date of the enactment of this Act as follows: (1) The President shall appoint 7 voting members. (2) The Speaker of the House of Representatives, the minority leader of the House of Representatives, the Majority Leader of the Senate, and the Minority Leader of the Senate shall each appoint 3 voting members. (3) In addition to the members appointed under paragraph (2), the Speaker of the House of Representatives, the minority leader of the House of Representatives, the Majority Leader of the Senate, and the Minority Leader of the Senate shall each appoint 1 nonvoting member.",
"id": "HB024AFC8D980447100CC522DFD872391",
"header": "Membership",
"nested": [],
"links": []
},
{
"text": "(c) Qualifications \nMembers of the Commission shall be chosen from among individuals, or representatives of institutions or entities, who possess either— (1) a demonstrated commitment to the research, study, or promotion of American Latino life, art, history, political or economic status, or culture, together with— (A) expertise in museum administration; (B) expertise in fundraising for nonprofit or cultural institutions; (C) experience in the study and teaching of Latino culture and history at the post-secondary level; (D) experience in studying the issue of the Smithsonian Institution’s representation of American Latino art, life, history, and culture; or (E) extensive experience in public or elected service; or (2) experience in the administration of, or the planning for the establishment of, museums devoted to the study and promotion of the role of ethnic, racial, or cultural groups in American history.",
"id": "HBC73212A2D5447F1893391EB86C11FE5",
"header": "Qualifications",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "4. Functions of the Commission \n(a) Plan of action for establishment and maintenance of Museum \nThe Commission shall submit a report to the President and the Congress containing its recommendations with respect to a plan of action for the establishment and maintenance within the Smithsonian Institution of the National Museum of the American Latino in Washington, D.C. (hereafter in this Act referred to as the Museum ). (b) Fundraising plan \nThe Commission shall develop a fundraising plan for supporting the creation and maintenance of the Museum through contributions by the American people, and a separate plan on fundraising by the American Latino community. (c) Report on issues \nThe Commission shall examine (in consultation with the Secretary of the Smithsonian Institution), and submit a report to the President and the Congress on, the following issues: (1) The availability and cost of collections to be acquired and housed in the Museum. (2) The impact of the Museum on regional Hispanic- and Latino-related museums. (3) Possible locations for the Museum on or adjacent to the National Mall in Washington, D.C., to be considered in consultation with the National Capital Planning Commission. (4) The governance and organizational structure from which the Museum should operate. (5) How to engage the American Latino community in the development and design of the Museum. (d) Legislation to carry out plan of action \nBased on the recommendations contained in the report submitted under subsection (a) and the report submitted under subsection (c), the Commission shall submit for consideration to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on House Administration of the House of Representatives, the Committee on Rules and Administration of the Senate, and the Committees on Appropriations of the House of Representatives and Senate a legislative plan of action to create and construct the Museum. (e) National conference \nIn carrying out its functions under this section, the Commission shall convene a national conference on the Museum, comprised of individuals committed to the advancement of American Latino life, art, history, and culture, not later than 9 months after the date of the enactment of this Act.",
"id": "HD6D59AE50D8A47E2807CBF9E5B0091BF",
"header": "Functions of the Commission",
"nested": [
{
"text": "(a) Plan of action for establishment and maintenance of Museum \nThe Commission shall submit a report to the President and the Congress containing its recommendations with respect to a plan of action for the establishment and maintenance within the Smithsonian Institution of the National Museum of the American Latino in Washington, D.C. (hereafter in this Act referred to as the Museum ).",
"id": "H4D538C6AE60A4E64AF17B36C9E541D8B",
"header": "Plan of action for establishment and maintenance of Museum",
"nested": [],
"links": []
},
{
"text": "(b) Fundraising plan \nThe Commission shall develop a fundraising plan for supporting the creation and maintenance of the Museum through contributions by the American people, and a separate plan on fundraising by the American Latino community.",
"id": "HDEEE90758E644C17892134093FE56DFD",
"header": "Fundraising plan",
"nested": [],
"links": []
},
{
"text": "(c) Report on issues \nThe Commission shall examine (in consultation with the Secretary of the Smithsonian Institution), and submit a report to the President and the Congress on, the following issues: (1) The availability and cost of collections to be acquired and housed in the Museum. (2) The impact of the Museum on regional Hispanic- and Latino-related museums. (3) Possible locations for the Museum on or adjacent to the National Mall in Washington, D.C., to be considered in consultation with the National Capital Planning Commission. (4) The governance and organizational structure from which the Museum should operate. (5) How to engage the American Latino community in the development and design of the Museum.",
"id": "H4B11EEA8718F42CCA15103C51C63DD58",
"header": "Report on issues",
"nested": [],
"links": []
},
{
"text": "(d) Legislation to carry out plan of action \nBased on the recommendations contained in the report submitted under subsection (a) and the report submitted under subsection (c), the Commission shall submit for consideration to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on House Administration of the House of Representatives, the Committee on Rules and Administration of the Senate, and the Committees on Appropriations of the House of Representatives and Senate a legislative plan of action to create and construct the Museum.",
"id": "H45D920D0F77A4F70B494CD0000A95DF7",
"header": "Legislation to carry out plan of action",
"nested": [],
"links": []
},
{
"text": "(e) National conference \nIn carrying out its functions under this section, the Commission shall convene a national conference on the Museum, comprised of individuals committed to the advancement of American Latino life, art, history, and culture, not later than 9 months after the date of the enactment of this Act.",
"id": "H08AC801DFEEA43FF9DB2B3DFB4B7DB4",
"header": "National conference",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "5. Administrative provisions \n(a) Administrative Support Services Provided by Secretary of the Interior \nThe Secretary of the Interior shall provide the Commission with the administrative support services and facilities necessary for the Commission to carry out its responsibilities under this Act. (b) No Compensation for Members \nMembers of the Commission shall serve without pay, but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code, and shall be reimbursed for other expenses incurred in carrying out their duties under this Act. (c) Director and Staff \nWithout 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 that title relating to classification and General Schedule pay rates, the Commission may appoint and fix the pay of a Director and such other personnel as the Commission considers appropriate.",
"id": "H72274B8D319F4BE9855C8B5EEA4EFDAE",
"header": "Administrative provisions",
"nested": [
{
"text": "(a) Administrative Support Services Provided by Secretary of the Interior \nThe Secretary of the Interior shall provide the Commission with the administrative support services and facilities necessary for the Commission to carry out its responsibilities under this Act.",
"id": "HCF80978756B84F6EB16FCD736F551F9C",
"header": "Administrative Support Services Provided by Secretary of the Interior",
"nested": [],
"links": []
},
{
"text": "(b) No Compensation for Members \nMembers of the Commission shall serve without pay, but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code, and shall be reimbursed for other expenses incurred in carrying out their duties under this Act.",
"id": "H439E8008152A4FBBBEF6B4E0F03C6E2F",
"header": "No Compensation for Members",
"nested": [],
"links": [
{
"text": "chapter 57",
"legal-doc": "usc-chapter",
"parsable-cite": "usc-chapter/5/57"
}
]
},
{
"text": "(c) Director and Staff \nWithout 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 that title relating to classification and General Schedule pay rates, the Commission may appoint and fix the pay of a Director and such other personnel as the Commission considers appropriate.",
"id": "H5CC80A2E500A4A28AA39FF9BF5FC26EC",
"header": "Director and Staff",
"nested": [],
"links": []
}
],
"links": [
{
"text": "chapter 57",
"legal-doc": "usc-chapter",
"parsable-cite": "usc-chapter/5/57"
}
]
},
{
"text": "6. Deadline for submission of reports; termination \n(a) Deadline \nThe Commission shall submit final versions of the reports and plans required under section 4 not later than 18 months after the date of the enactment of this Act. (b) Termination \nThe Commission shall terminate not later than 30 days after submitting the final versions of reports and plans pursuant to subsection (a).",
"id": "H7F9EF19F10724224808777F2183229D",
"header": "Deadline for submission of reports; termination",
"nested": [
{
"text": "(a) Deadline \nThe Commission shall submit final versions of the reports and plans required under section 4 not later than 18 months after the date of the enactment of this Act.",
"id": "H1BE4014AEB8B48CDAF332C9059DB5758",
"header": "Deadline",
"nested": [],
"links": []
},
{
"text": "(b) Termination \nThe Commission shall terminate not later than 30 days after submitting the final versions of reports and plans pursuant to subsection (a).",
"id": "HCA9EA8B1F6374B44B21925F5E7DEA8E",
"header": "Termination",
"nested": [],
"links": []
}
],
"links": []
},
{
"text": "7. Authorization of appropriations \nThere are authorized to be appropriated for carrying out the activities of the Commission $2,100,000 for fiscal year 2005 and $1,100,000 for fiscal year 2006.",
"id": "H88E63CF17BE444228F526FE824397638",
"header": "Authorization of appropriations",
"nested": [],
"links": []
}
] | 7 | 1. Short title
This Act may be cited as the Commission to Establish the National Museum of the American Latino Act of 2004. 2. Findings
Congress finds as follows: (1) American Latinos are an ethnically and racially diverse population. Still, whether known by the term Hispanic or Latino, or by the various national identities from which they obtain their ethnicity, American Latinos share a common heritage rooted in the mixture of the cultures of the indigenous peoples of the American continent, of the European colonizers from Spain, and of Africans who were brought to those colonies as slaves. (2) While the history of the United States formally dates from 1776, American civilization was already centuries old by then. Latinos were present on the continent for more than 200 years prior to the Declaration of Independence. Spanish colonists founded the first permanent settlement on future United States territory in St. Augustine, Florida in 1565. Indigenous nations that had thrived for centuries prior to the landing of Columbus would later mix with colonists of various ethnicities from Spain to create a third culture, one that continues to thrive in various forms throughout the Americas today. (3) Since before our Nation’s founding, Latinos have come to this land searching for opportunity, prosperity, and chance. In this regard, not much has changed in over 3 centuries. Through every era of our Nation’s history, whether in the fields of plenty or on the field of battle, a Latino presence was felt. Since before the early colonization of the west, Latinos have labored under the harsh sun to put food on America’s tables. From the earliest days of American industry, Latinos have worked in our factories. Through every war and conflict, Latinos have served honorably and proudly next to their fellow Americans to defend the ideals of freedom, democracy, and liberty worldwide, earning countless awards for valor and sacrifice. (4) The history, art, politics, economy, and culture of the United States have been enriched since the Nation’s founding by the influence of American Latinos and their traditions and innovations. Both native and foreign-born Latinos in the United States continue to make significant contributions to the arts and humanities, academia, and the popular culture that have benefited all Americans. (5) According to the Bureau of the Census, the population of American Latinos recently grew to become the largest demographic minority group in the country. As of July 2002, there were an estimated 38.8 million Latinos in the United States. One out of every three of these is under the age of 18, and four out of every 10 is under the age of 25. The youthfulness and rapid growth of this population ensure that American Latinos will have a substantial role in American life ranging from public policy to popular entertainment. Greater understanding of this role will benefit all of American society. (6) The American Latino population historically has been concentrated in certain regions of the United States. In the last several decades, however, there has been more dispersed growth of the community throughout the entire country. In the southern states other than Texas, most have seen the population of Latinos, primarily immigrants, double between the years 1990 and 2000, adding to the mixture of cultures already there as these individuals adapt to Southern life. (7) Despite the history and demography as well as the ongoing contributions that American Latinos make to the cultural life of the United States, there remains a great gap in the level and quality of awareness that other Americans possess about the rich and diverse character of Latino culture and history. Sometimes the lack of awareness manifests itself in the development of stereotypes or misconceptions about Latinos. Greater effort is needed at a national level to educate other Americans about Latinos, and to celebrate and disseminate information about Latino arts and history. Americans of all backgrounds benefit from greater understanding of the diversity that exists in the United States. (8) The Smithsonian Institution is the world’s largest museum and research complex, with 16 museums in the District of Columbia and New York City. The Smithsonian Institution museums, especially those on the National Mall, play a unique and important role in educating visitors to the Nation’s capital about our history, arts, and culture. The American people and international visitors recognize the Smithsonian Institution as the premier American museum, representing the vast diversity of cultural history of the United States. (9) After extensive dialogue, conferences, and collaboration among educators, scholars, and community leaders, as well as museums, universities, cultural, and public institutions, a task force appointed to examine the Smithsonian Institution’s representation of American Latinos in its permanent exhibits and other public programs published Willful Neglect: The Smithsonian Institution and U.S. Latinos (May 1994) and Toward a Shared Vision: U.S. Latinos and the Smithsonian Institution (October 1997). The reports indicate that the Smithsonian historically had a poor record of representing Latinos. This criticism led to the creation of the Smithsonian’s Center for Latino Initiatives in 1998. (10) The Center for Latino Initiatives has increased the profile of Latino arts and culture and should be commended for promoting diversity and understanding of American Latino culture by the Smithsonian’s patrons. The Center’s short history has shown that American Latino exhibits and programs are well received by the public and by the Latino community, which benefits from having some representation at the Smithsonian. Still, the level of representation at the Smithsonian of the Latino community is far from where it should be given American Latino history, demography, and contributions to the American cultural landscape. (11) For these reasons, it is necessary to establish a commission to draft a plan of action for creating a National Museum of the American Latino within the Smithsonian Institution, on or near the National Mall in Washington, D.C. 3. Establishment of Commission
(a) In general
There is established the Commission to Establish the National Museum of the American Latino (hereafter in this Act referred to as the Commission ). (b) Membership
The Commission shall consist of 23 members appointed not later than 6 months after the date of the enactment of this Act as follows: (1) The President shall appoint 7 voting members. (2) The Speaker of the House of Representatives, the minority leader of the House of Representatives, the Majority Leader of the Senate, and the Minority Leader of the Senate shall each appoint 3 voting members. (3) In addition to the members appointed under paragraph (2), the Speaker of the House of Representatives, the minority leader of the House of Representatives, the Majority Leader of the Senate, and the Minority Leader of the Senate shall each appoint 1 nonvoting member. (c) Qualifications
Members of the Commission shall be chosen from among individuals, or representatives of institutions or entities, who possess either— (1) a demonstrated commitment to the research, study, or promotion of American Latino life, art, history, political or economic status, or culture, together with— (A) expertise in museum administration; (B) expertise in fundraising for nonprofit or cultural institutions; (C) experience in the study and teaching of Latino culture and history at the post-secondary level; (D) experience in studying the issue of the Smithsonian Institution’s representation of American Latino art, life, history, and culture; or (E) extensive experience in public or elected service; or (2) experience in the administration of, or the planning for the establishment of, museums devoted to the study and promotion of the role of ethnic, racial, or cultural groups in American history. 4. Functions of the Commission
(a) Plan of action for establishment and maintenance of Museum
The Commission shall submit a report to the President and the Congress containing its recommendations with respect to a plan of action for the establishment and maintenance within the Smithsonian Institution of the National Museum of the American Latino in Washington, D.C. (hereafter in this Act referred to as the Museum ). (b) Fundraising plan
The Commission shall develop a fundraising plan for supporting the creation and maintenance of the Museum through contributions by the American people, and a separate plan on fundraising by the American Latino community. (c) Report on issues
The Commission shall examine (in consultation with the Secretary of the Smithsonian Institution), and submit a report to the President and the Congress on, the following issues: (1) The availability and cost of collections to be acquired and housed in the Museum. (2) The impact of the Museum on regional Hispanic- and Latino-related museums. (3) Possible locations for the Museum on or adjacent to the National Mall in Washington, D.C., to be considered in consultation with the National Capital Planning Commission. (4) The governance and organizational structure from which the Museum should operate. (5) How to engage the American Latino community in the development and design of the Museum. (d) Legislation to carry out plan of action
Based on the recommendations contained in the report submitted under subsection (a) and the report submitted under subsection (c), the Commission shall submit for consideration to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on House Administration of the House of Representatives, the Committee on Rules and Administration of the Senate, and the Committees on Appropriations of the House of Representatives and Senate a legislative plan of action to create and construct the Museum. (e) National conference
In carrying out its functions under this section, the Commission shall convene a national conference on the Museum, comprised of individuals committed to the advancement of American Latino life, art, history, and culture, not later than 9 months after the date of the enactment of this Act. 5. Administrative provisions
(a) Administrative Support Services Provided by Secretary of the Interior
The Secretary of the Interior shall provide the Commission with the administrative support services and facilities necessary for the Commission to carry out its responsibilities under this Act. (b) No Compensation for Members
Members of the Commission shall serve without pay, but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code, and shall be reimbursed for other expenses incurred in carrying out their duties under this Act. (c) Director and Staff
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 that title relating to classification and General Schedule pay rates, the Commission may appoint and fix the pay of a Director and such other personnel as the Commission considers appropriate. 6. Deadline for submission of reports; termination
(a) Deadline
The Commission shall submit final versions of the reports and plans required under section 4 not later than 18 months after the date of the enactment of this Act. (b) Termination
The Commission shall terminate not later than 30 days after submitting the final versions of reports and plans pursuant to subsection (a). 7. Authorization of appropriations
There are authorized to be appropriated for carrying out the activities of the Commission $2,100,000 for fiscal year 2005 and $1,100,000 for fiscal year 2006. | 11,946 | [
"Committee on House Administration"
] |
108hr5334ih | 108 | hr | 5,334 | ih | To suspend temporarily the duty on Dichloroethyl Ether. | [
{
"text": "1. Dichloroethyl Ether \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: 9902.39.41 Dichloroethyl Ether (1,1’-oxybis [2-chloroethane] CL-CH2-CH2-0-CH2-CH2-CL) (provided for in subheading 2909.19.18) Free No change No change On or before 12/31/2014 (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": "H62B8219F991E43BBA0CDC1CAEF4CF468",
"header": "Dichloroethyl Ether",
"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: 9902.39.41 Dichloroethyl Ether (1,1’-oxybis [2-chloroethane] CL-CH2-CH2-0-CH2-CH2-CL) (provided for in subheading 2909.19.18) Free No change No change On or before 12/31/2014",
"id": "HA51D56C9F636407085938F4672F5D3B2",
"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": "HD8266090E26F4E8586BDDC2FE419C7A6",
"header": "Effective date",
"nested": [],
"links": []
}
],
"links": []
}
] | 1 | 1. Dichloroethyl Ether
(a) In general
Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.39.41 Dichloroethyl Ether (1,1’-oxybis [2-chloroethane] CL-CH2-CH2-0-CH2-CH2-CL) (provided for in subheading 2909.19.18) Free No change No change On or before 12/31/2014 (b) Effective date
The 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. | 581 | [
"Ways and Means Committee"
] |
108hr4555ih | 108 | hr | 4,555 | ih | To amend the Public Health Service Act to revise and extend provisions relating to mammography quality standards. | [
{
"text": "1. Short title \nThis Act may be cited as the Mammography Quality Standards Reauthorization Act of 2004.",
"id": "HE921B95FC7974136A01BF2E68100C300",
"header": "Short title",
"nested": [],
"links": []
},
{
"text": "2. Temporary renewal and limited provisional certificate \nSection 354 of the Public Health Service Act (42 U.S.C. 263b) is amended— (1) in subsection (b)(1)— (A) in subparagraph (A)— (i) in the matter preceding clause (i), by inserting or a temporary renewal certificate after certificate ; and (ii) in clause (i), by striking subsection (c)(1) and inserting paragraphs (1) or (2) of subsection (c) ; (B) in subparagraph (B)— (i) in the matter preceding clause (i), by inserting or a limited provisional certificate after certificate ; and (ii) in clause (i), by striking subsection (c)(2) and inserting paragraphs (3) and (4) of subsection (c) ; and (C) in the flush matter at the end, by striking provisional certificate and inserting temporary renewal certificate, provisional certificate, or a limited provisional certificate ; and (2) in subsection (c)— (A) by redesignating paragraph (2) as paragraph (4); and (B) by inserting after paragraph (1) the following: (2) Temporary renewal certificate \nThe Secretary may issue a temporary renewal certificate, for a period of not to exceed 45 days, to a facility seeking reaccreditation if the accreditation body has issued an accreditation extension, for a period of not to exceed 45 days, for any of the following: (A) The facility has submitted the required materials to the accreditation body within the established time frames for the submission of such materials but the accreditation body is unable to complete the reaccreditation process before the certification expires. (B) The facility has acquired additional or replacement equipment, or has had significant personnel changes or other unforeseen situations that have caused the facility to be unable to meet reaccreditation timeframes, but in the opinion of the accreditation body have not compromised the quality of mammography. (3) Limited provisional certificate \nThe Secretary may, upon the request of an accreditation body, issue a limited provisional certificate to an entity to enable the entity to conduct examinations for educational purposes while an onsite visit from an accreditation body is in progress. Such certificate shall be valid only during the time the site visit team from the accreditation body is physically in the facility, and in no case shall be valid for longer than 72 hours. The issuance of a certificate under this paragraph, shall not preclude the entity from qualifying for a provisional certificate under paragraph (4)..",
"id": "HD384534FB3334F31B0CB6004DFC94CC",
"header": "Temporary renewal and limited provisional certificate",
"nested": [],
"links": []
},
{
"text": "3. Authorization of appropriations \nSubparagraphs (A) and (B) of section 354(r)(2) of the Public Health Service Act (42 U.S.C. 263b(r)(2)(A) and (B)) are amended by striking 2002 each place it appears and inserting 2007.",
"id": "H7E2325D609144719A30049351E21FEAB",
"header": "Authorization of appropriations",
"nested": [],
"links": []
}
] | 3 | 1. Short title
This Act may be cited as the Mammography Quality Standards Reauthorization Act of 2004. 2. Temporary renewal and limited provisional certificate
Section 354 of the Public Health Service Act (42 U.S.C. 263b) is amended— (1) in subsection (b)(1)— (A) in subparagraph (A)— (i) in the matter preceding clause (i), by inserting or a temporary renewal certificate after certificate ; and (ii) in clause (i), by striking subsection (c)(1) and inserting paragraphs (1) or (2) of subsection (c) ; (B) in subparagraph (B)— (i) in the matter preceding clause (i), by inserting or a limited provisional certificate after certificate ; and (ii) in clause (i), by striking subsection (c)(2) and inserting paragraphs (3) and (4) of subsection (c) ; and (C) in the flush matter at the end, by striking provisional certificate and inserting temporary renewal certificate, provisional certificate, or a limited provisional certificate ; and (2) in subsection (c)— (A) by redesignating paragraph (2) as paragraph (4); and (B) by inserting after paragraph (1) the following: (2) Temporary renewal certificate
The Secretary may issue a temporary renewal certificate, for a period of not to exceed 45 days, to a facility seeking reaccreditation if the accreditation body has issued an accreditation extension, for a period of not to exceed 45 days, for any of the following: (A) The facility has submitted the required materials to the accreditation body within the established time frames for the submission of such materials but the accreditation body is unable to complete the reaccreditation process before the certification expires. (B) The facility has acquired additional or replacement equipment, or has had significant personnel changes or other unforeseen situations that have caused the facility to be unable to meet reaccreditation timeframes, but in the opinion of the accreditation body have not compromised the quality of mammography. (3) Limited provisional certificate
The Secretary may, upon the request of an accreditation body, issue a limited provisional certificate to an entity to enable the entity to conduct examinations for educational purposes while an onsite visit from an accreditation body is in progress. Such certificate shall be valid only during the time the site visit team from the accreditation body is physically in the facility, and in no case shall be valid for longer than 72 hours. The issuance of a certificate under this paragraph, shall not preclude the entity from qualifying for a provisional certificate under paragraph (4).. 3. Authorization of appropriations
Subparagraphs (A) and (B) of section 354(r)(2) of the Public Health Service Act (42 U.S.C. 263b(r)(2)(A) and (B)) are amended by striking 2002 each place it appears and inserting 2007. | 2,791 | [
"Energy and Commerce Committee"
] |
108hr4172ih | 108 | hr | 4,172 | ih | To amend title 38, United States Code, to codify certain additional diseases as establishing a presumption of service-connection when occurring in veterans exposed to ionizing radiation during active military, naval, or air service, and for other purposes. | [
{
"text": "1. Codification of administrative actions relating to presumptions of service connection for veterans exposed to ionizing radiation \n(a) Covered diseases \nSubsection (c)(2) of section 1112 of title 38, United States Code, is amended by adding at the end the following new subparagraphs: (Q) Cancer of the bone. (R) Cancer of the brain. (S) Cancer of the colon. (T) Cancer of the lung. (U) Cancer of the ovary.. (b) Covered radiation-risk activities \nSubsection (c)(3)(B) of such section is amended by adding at the end the following new clause: (iv) Service in a capacity which, if performed as an employee of the Department of Energy, would qualify the individual for inclusion as a member of the Special Exposure Cohort under section 3621(14) of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384 l (14)).. (c) Effective date \nThe amendments made by this section shall take effect as of March 26, 2002.",
"id": "HCE7EAD6053DF48138C29AD2A0D9B214",
"header": "Codification of administrative actions relating to presumptions of service connection for veterans exposed to ionizing radiation",
"nested": [
{
"text": "(a) Covered diseases \nSubsection (c)(2) of section 1112 of title 38, United States Code, is amended by adding at the end the following new subparagraphs: (Q) Cancer of the bone. (R) Cancer of the brain. (S) Cancer of the colon. (T) Cancer of the lung. (U) Cancer of the ovary..",
"id": "HA80C4D14276E43C591BA7F14323195FF",
"header": "Covered diseases",
"nested": [],
"links": [
{
"text": "section 1112",
"legal-doc": "usc",
"parsable-cite": "usc/38/1112"
}
]
},
{
"text": "(b) Covered radiation-risk activities \nSubsection (c)(3)(B) of such section is amended by adding at the end the following new clause: (iv) Service in a capacity which, if performed as an employee of the Department of Energy, would qualify the individual for inclusion as a member of the Special Exposure Cohort under section 3621(14) of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384 l (14))..",
"id": "H7BEB67798ECE442D8C150022F4E6FD41",
"header": "Covered radiation-risk activities",
"nested": [],
"links": []
},
{
"text": "(c) Effective date \nThe amendments made by this section shall take effect as of March 26, 2002.",
"id": "HE5B527FB9D114A66009DB380CEE218C",
"header": "Effective date",
"nested": [],
"links": []
}
],
"links": [
{
"text": "section 1112",
"legal-doc": "usc",
"parsable-cite": "usc/38/1112"
}
]
},
{
"text": "2. Offset of veterans’ disability compensation and dependency and indemnity compensation from awards under Radiation Exposure Compensation program \n(a) Offset in lieu of forfeiture from disability compensation \nSubsection (c) of section 1112 of title 38, United States Code, is amended by adding at the end the following new paragraph: (4) A radiation-exposed veteran who receives a payment under the provisions of the Radiation Exposure Compensation Act of 1990 ( 42 U.S.C. 2210 note) shall not be deprived, by reason of the receipt of that payment, of receipt of compensation to which that veteran is entitled by reason of paragraph (1), but there shall be deducted from payment of such compensation the amount of the payment under that Act.. (b) Offset in lieu of forfeiture from dependency and indemnity compensation \nSection 1310 of title 38, United States Code, is amended by adding at the end the following new paragraph: (c) A person who receives a payment under the provisions of the Radiation Exposure Compensation Act of 1990 ( 42 U.S.C. 2210 note) shall not be deprived, by reason of the receipt of that payment, of receipt of dependency and indemnity compensation to which that person is otherwise entitled, but there shall be deducted from payment of such dependency and indemnity compensation the amount of the payment under that Act.. (c) Effective date \nParagraph (4) of section 1112(c) of title 38, United States Code, as added by subsection (a), shall take effect with respect to compensation payments for months beginning after March 26, 2002. Subsection (c) of section 1310 of such title, as added by subsection (b), shall take effect with respect to dependency and indemnity compensation payments for months beginning after March 26, 2002.",
"id": "H190760ACDB7C412B9E045878B000F5A5",
"header": "Offset of veterans’ disability compensation and dependency and indemnity compensation from awards under Radiation Exposure Compensation program",
"nested": [
{
"text": "(a) Offset in lieu of forfeiture from disability compensation \nSubsection (c) of section 1112 of title 38, United States Code, is amended by adding at the end the following new paragraph: (4) A radiation-exposed veteran who receives a payment under the provisions of the Radiation Exposure Compensation Act of 1990 ( 42 U.S.C. 2210 note) shall not be deprived, by reason of the receipt of that payment, of receipt of compensation to which that veteran is entitled by reason of paragraph (1), but there shall be deducted from payment of such compensation the amount of the payment under that Act..",
"id": "H7D6D8C2718264900939B5CA656DCCF30",
"header": "Offset in lieu of forfeiture from disability compensation",
"nested": [],
"links": [
{
"text": "section 1112",
"legal-doc": "usc",
"parsable-cite": "usc/38/1112"
},
{
"text": "42 U.S.C. 2210",
"legal-doc": "usc",
"parsable-cite": "usc/42/2210"
}
]
},
{
"text": "(b) Offset in lieu of forfeiture from dependency and indemnity compensation \nSection 1310 of title 38, United States Code, is amended by adding at the end the following new paragraph: (c) A person who receives a payment under the provisions of the Radiation Exposure Compensation Act of 1990 ( 42 U.S.C. 2210 note) shall not be deprived, by reason of the receipt of that payment, of receipt of dependency and indemnity compensation to which that person is otherwise entitled, but there shall be deducted from payment of such dependency and indemnity compensation the amount of the payment under that Act..",
"id": "H898680E52E6346F79B04DDA5E4769F5",
"header": "Offset in lieu of forfeiture from dependency and indemnity compensation",
"nested": [],
"links": [
{
"text": "Section 1310",
"legal-doc": "usc",
"parsable-cite": "usc/38/1310"
},
{
"text": "42 U.S.C. 2210",
"legal-doc": "usc",
"parsable-cite": "usc/42/2210"
}
]
},
{
"text": "(c) Effective date \nParagraph (4) of section 1112(c) of title 38, United States Code, as added by subsection (a), shall take effect with respect to compensation payments for months beginning after March 26, 2002. Subsection (c) of section 1310 of such title, as added by subsection (b), shall take effect with respect to dependency and indemnity compensation payments for months beginning after March 26, 2002.",
"id": "HC101917132834B3CA9983100BCAC9014",
"header": "Effective date",
"nested": [],
"links": [
{
"text": "section 1112(c)",
"legal-doc": "usc",
"parsable-cite": "usc/38/1112"
}
]
}
],
"links": [
{
"text": "section 1112",
"legal-doc": "usc",
"parsable-cite": "usc/38/1112"
},
{
"text": "42 U.S.C. 2210",
"legal-doc": "usc",
"parsable-cite": "usc/42/2210"
},
{
"text": "Section 1310",
"legal-doc": "usc",
"parsable-cite": "usc/38/1310"
},
{
"text": "42 U.S.C. 2210",
"legal-doc": "usc",
"parsable-cite": "usc/42/2210"
},
{
"text": "section 1112(c)",
"legal-doc": "usc",
"parsable-cite": "usc/38/1112"
}
]
}
] | 2 | 1. Codification of administrative actions relating to presumptions of service connection for veterans exposed to ionizing radiation
(a) Covered diseases
Subsection (c)(2) of section 1112 of title 38, United States Code, is amended by adding at the end the following new subparagraphs: (Q) Cancer of the bone. (R) Cancer of the brain. (S) Cancer of the colon. (T) Cancer of the lung. (U) Cancer of the ovary.. (b) Covered radiation-risk activities
Subsection (c)(3)(B) of such section is amended by adding at the end the following new clause: (iv) Service in a capacity which, if performed as an employee of the Department of Energy, would qualify the individual for inclusion as a member of the Special Exposure Cohort under section 3621(14) of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384 l (14)).. (c) Effective date
The amendments made by this section shall take effect as of March 26, 2002. 2. Offset of veterans’ disability compensation and dependency and indemnity compensation from awards under Radiation Exposure Compensation program
(a) Offset in lieu of forfeiture from disability compensation
Subsection (c) of section 1112 of title 38, United States Code, is amended by adding at the end the following new paragraph: (4) A radiation-exposed veteran who receives a payment under the provisions of the Radiation Exposure Compensation Act of 1990 ( 42 U.S.C. 2210 note) shall not be deprived, by reason of the receipt of that payment, of receipt of compensation to which that veteran is entitled by reason of paragraph (1), but there shall be deducted from payment of such compensation the amount of the payment under that Act.. (b) Offset in lieu of forfeiture from dependency and indemnity compensation
Section 1310 of title 38, United States Code, is amended by adding at the end the following new paragraph: (c) A person who receives a payment under the provisions of the Radiation Exposure Compensation Act of 1990 ( 42 U.S.C. 2210 note) shall not be deprived, by reason of the receipt of that payment, of receipt of dependency and indemnity compensation to which that person is otherwise entitled, but there shall be deducted from payment of such dependency and indemnity compensation the amount of the payment under that Act.. (c) Effective date
Paragraph (4) of section 1112(c) of title 38, United States Code, as added by subsection (a), shall take effect with respect to compensation payments for months beginning after March 26, 2002. Subsection (c) of section 1310 of such title, as added by subsection (b), shall take effect with respect to dependency and indemnity compensation payments for months beginning after March 26, 2002. | 2,706 | [
"Veterans' Affairs Committee"
] |
108hr4259ih | 108 | hr | 4,259 | ih | To amend title 31, United States Code, to improve the financial accountability requirements applicable to the Department of Homeland Security, to establish requirements for the Future Years Homeland Security Program of the Department, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as Department of Homeland Security Financial Accountability Act.",
"id": "HAF7F9BA9B08E442A9082C3D464528EEF",
"header": "Short title",
"nested": [],
"links": []
},
{
"text": "2. Findings \nThe Congress finds the following: (1) Influential financial management leadership is of vital importance to the mission success of the Department of Homeland Security. For this reason, the Chief Financial Officer of the Department must be a key figure in the Department’s management. (2) To provide a sound financial leadership structure, the provisions of law enacted by the Chief Financial Officers Act of 1990 ( Public Law 101–576 ) provide that the Chief Financial Officer of each of the Federal executive departments is to be a Presidential appointee who reports directly to the Secretary of that department on financial management matters. Because the Department of Homeland Security was only recently created, the provisions enacted by that Act must be amended to include the Department within these provisions. (3) The Department of Homeland Security was created by consolidation of 22 separate Federal agencies, each with its own accounting and financial management system. None of these systems was developed with a view to executing the mission of the Department of Homeland Security to prevent terrorist attacks within the United States, reduce the Nation’s vulnerability to terrorism, and minimize the damage and assist in the recovery from terrorist attacks. For these reasons, a strong Chief Financial Officer is needed within the Department both to consolidate financial management operations, and to insure that management control systems are comprehensively designed to achieve the mission and execute the strategy of the Department. (4) The provisions of law enacted by the Chief Financial Officers Act of 1990 require agency Chief Financial Officers to improve the financial information available to agency managers and the Congress. Those provisions also specify that agency financial management systems must provide for the systematic measurement of performance. In the case of the Department of Homeland Security, therefore, it is vitally important that management control systems be designed with a clear view of a homeland security strategy, including the priorities of the Department in addressing those risks of terrorism deemed most significant based upon a comprehensive assessment of potential threats, vulnerabilities, criticality, and consequences. For this reason, Federal law should be amended to clearly state the responsibilities of the Chief Financial Officer of the Department of Homeland Security to provide management control information, for the benefit of managers within the Department and to help inform the Congress, that permits an assessment of the Department’s performance in executing a homeland security strategy.",
"id": "H3696A8F03CFB41D49FFF3234DB849D29",
"header": "Findings",
"nested": [],
"links": [
{
"text": "Public Law 101–576",
"legal-doc": "public-law",
"parsable-cite": "pl/101/576"
}
]
},
{
"text": "3. Chief Financial Officer of the Department of Homeland Security \n(a) In General \nSection 901(b)(1) of title 31, United States Code, is amended— (1) by redesignating subparagraphs (G) through (P) as subparagraphs (H) through (Q), respectively; and (2) by inserting after subparagraph (F) the following: (G) The Department of Homeland Security.. (b) Appointment or designation of CFO \nThe President shall appoint or designate a Chief Financial Officer of the Department of Homeland Security under the amendment made by subsection (a) by not later than 180 days after the date of the enactment of this Act. (c) Continued service of current official \nAn individual serving as Chief Financial Officer of the Department of Homeland Security immediately before the enactment of this Act, or another person who is appointed to replace such an individual in an acting capacity after the enactment of this Act, may continue to serve in that position until the date of the confirmation or designation, as applicable (under section 901(a)(1)(B) of title 31, United States Code), of a successor under the amendment made by subsection (a). (d) Conforming amendments \n(1) Homeland Security Act of 2002 \nThe Homeland Security Act of 2002 ( Public Law 107–296 ) is amended— (A) in section 103 ( 6 U.S.C. 113 )— (i) in subsection (d) by striking paragraph (4), and redesignating paragraph (5) as paragraph (4); (ii) by redesignating subsection (e) as subsection (f); and (iii) by inserting after subsection (d) the following: (e) Chief Financial Officer \nThere shall be in the Department a Chief Financial Officer, as provided in chapter 9 of title 31, United States Code. ; and (B) in section 702 ( 6 U.S.C. 342 ) by striking shall report and all that follows through the period and inserting shall perform functions as specified in chapter 9 of title 31, United States Code, and, with respect to all such functions and other responsibilities that may be assigned to the Chief Financial Officer from time to time, shall also report to the Under Secretary for Management.. (2) FEMA \nSection 901(b)(2) of title 31, United States Code, is amended by striking subparagraph (B), and by redesignating subparagraphs (C) through (H) in order as subparagraphs (B) through (G).",
"id": "HCD2FC142354F472E85AAE5BAE84FCFFE",
"header": "Chief Financial Officer of the Department of Homeland Security",
"nested": [
{
"text": "(a) In General \nSection 901(b)(1) of title 31, United States Code, is amended— (1) by redesignating subparagraphs (G) through (P) as subparagraphs (H) through (Q), respectively; and (2) by inserting after subparagraph (F) the following: (G) The Department of Homeland Security..",
"id": "H03F17C1CD6644DFCB400589DCB38AE17",
"header": "In General",
"nested": [],
"links": [
{
"text": "Section 901(b)(1)",
"legal-doc": "usc",
"parsable-cite": "usc/31/901"
}
]
},
{
"text": "(b) Appointment or designation of CFO \nThe President shall appoint or designate a Chief Financial Officer of the Department of Homeland Security under the amendment made by subsection (a) by not later than 180 days after the date of the enactment of this Act.",
"id": "H95A6C29370E340D3B111C4C537C587D1",
"header": "Appointment or designation of CFO",
"nested": [],
"links": []
},
{
"text": "(c) Continued service of current official \nAn individual serving as Chief Financial Officer of the Department of Homeland Security immediately before the enactment of this Act, or another person who is appointed to replace such an individual in an acting capacity after the enactment of this Act, may continue to serve in that position until the date of the confirmation or designation, as applicable (under section 901(a)(1)(B) of title 31, United States Code), of a successor under the amendment made by subsection (a).",
"id": "HA39B64007B8B4C7C9E87C30171F0A6D8",
"header": "Continued service of current official",
"nested": [],
"links": [
{
"text": "section 901(a)(1)(B)",
"legal-doc": "usc",
"parsable-cite": "usc/31/901"
}
]
},
{
"text": "(d) Conforming amendments \n(1) Homeland Security Act of 2002 \nThe Homeland Security Act of 2002 ( Public Law 107–296 ) is amended— (A) in section 103 ( 6 U.S.C. 113 )— (i) in subsection (d) by striking paragraph (4), and redesignating paragraph (5) as paragraph (4); (ii) by redesignating subsection (e) as subsection (f); and (iii) by inserting after subsection (d) the following: (e) Chief Financial Officer \nThere shall be in the Department a Chief Financial Officer, as provided in chapter 9 of title 31, United States Code. ; and (B) in section 702 ( 6 U.S.C. 342 ) by striking shall report and all that follows through the period and inserting shall perform functions as specified in chapter 9 of title 31, United States Code, and, with respect to all such functions and other responsibilities that may be assigned to the Chief Financial Officer from time to time, shall also report to the Under Secretary for Management.. (2) FEMA \nSection 901(b)(2) of title 31, United States Code, is amended by striking subparagraph (B), and by redesignating subparagraphs (C) through (H) in order as subparagraphs (B) through (G).",
"id": "H94E9999549724FD5BCE8C1FF13A744A5",
"header": "Conforming amendments",
"nested": [],
"links": [
{
"text": "Public Law 107–296",
"legal-doc": "public-law",
"parsable-cite": "pl/107/296"
},
{
"text": "6 U.S.C. 113",
"legal-doc": "usc",
"parsable-cite": "usc/6/113"
},
{
"text": "chapter 9",
"legal-doc": "usc-chapter",
"parsable-cite": "usc-chapter/31/9"
},
{
"text": "6 U.S.C. 342",
"legal-doc": "usc",
"parsable-cite": "usc/6/342"
},
{
"text": "chapter 9",
"legal-doc": "usc-chapter",
"parsable-cite": "usc-chapter/31/9"
},
{
"text": "Section 901(b)(2)",
"legal-doc": "usc",
"parsable-cite": "usc/31/901"
}
]
}
],
"links": [
{
"text": "Section 901(b)(1)",
"legal-doc": "usc",
"parsable-cite": "usc/31/901"
},
{
"text": "section 901(a)(1)(B)",
"legal-doc": "usc",
"parsable-cite": "usc/31/901"
},
{
"text": "Public Law 107–296",
"legal-doc": "public-law",
"parsable-cite": "pl/107/296"
},
{
"text": "6 U.S.C. 113",
"legal-doc": "usc",
"parsable-cite": "usc/6/113"
},
{
"text": "chapter 9",
"legal-doc": "usc-chapter",
"parsable-cite": "usc-chapter/31/9"
},
{
"text": "6 U.S.C. 342",
"legal-doc": "usc",
"parsable-cite": "usc/6/342"
},
{
"text": "chapter 9",
"legal-doc": "usc-chapter",
"parsable-cite": "usc-chapter/31/9"
},
{
"text": "Section 901(b)(2)",
"legal-doc": "usc",
"parsable-cite": "usc/31/901"
}
]
},
{
"text": "4. Functions of Chief Financial Officer of the Department of Homeland Security \n(a) Performance and accountability reports \nSection 3516 of title 31, United States Code, is amended by adding at the end the following: (f) The Secretary of Homeland Security— (1) shall for each fiscal year submit a performance and accountability report under subsection (a) that incorporates the program performance report under section 1116 of this title for the Department of Homeland Security; (2) shall include in each performance and accountability report an audit opinion of the Department’s internal controls over its financial reporting; and (3) shall design and implement Department-wide management controls that— (A) reflect the most recent homeland security strategy developed pursuant to section 874(b)(2) of the Homeland Security Act of 2002; and (B) permit assessment, by the Congress and by managers within the Department, of the Department’s performance in executing such strategy.. (b) Implementation of audit opinion requirement \nThe Secretary of Homeland Security shall include audit opinions in performance and accountability reports under section 3516(f) of title 31, United States Code, as amended by subsection (a), only for fiscal years after fiscal year 2005. (c) Assertion of internal controls \nThe Secretary of Homeland Security shall include in the performance and accountability report for fiscal year 2005 submitted by the Secretary under section 3516(f) of title 31, United States Code, an assertion of the internal controls that apply to financial reporting by the Department of Homeland Security. (d) Audit opinions of internal controls over financial reporting by Chief Financial Officer agencies \n(1) In General \nNot later than 180 days after the date of the enactment of this Act, the Chief Financial Officers Council and the President’s Council on Integrity and Efficiency established by Executive Order 12805 of May 11, 1992, shall jointly conduct a study of the potential costs and benefits of requiring the agencies listed in section 901(b) of title 31, United States Code, to obtain audit opinions of their internal controls over their financial reporting. (2) Report \nUpon completion of the study under paragraph (1), the Chief Financial Officers Council and the President’s Council on Integrity and Efficiency shall promptly submit a report on the results of the study to the Committee on Government Reform of the House of Representatives, the Committee on Governmental Affairs of the Senate, and the Comptroller General of the United States. (3) General accounting Office analysis \nNot later than 90 days after receiving the report under paragraph (2), the Comptroller General shall perform an analysis of the information provided in the report and report the findings of the analysis to the committees referred to in paragraph (2).",
"id": "H30CFD76D69F54001A2C81EA70089FF",
"header": "Functions of Chief Financial Officer of the Department of Homeland Security",
"nested": [
{
"text": "(a) Performance and accountability reports \nSection 3516 of title 31, United States Code, is amended by adding at the end the following: (f) The Secretary of Homeland Security— (1) shall for each fiscal year submit a performance and accountability report under subsection (a) that incorporates the program performance report under section 1116 of this title for the Department of Homeland Security; (2) shall include in each performance and accountability report an audit opinion of the Department’s internal controls over its financial reporting; and (3) shall design and implement Department-wide management controls that— (A) reflect the most recent homeland security strategy developed pursuant to section 874(b)(2) of the Homeland Security Act of 2002; and (B) permit assessment, by the Congress and by managers within the Department, of the Department’s performance in executing such strategy..",
"id": "HDA4D93E441CD4E8AB99556EBB72B6183",
"header": "Performance and accountability reports",
"nested": [],
"links": [
{
"text": "Section 3516",
"legal-doc": "usc",
"parsable-cite": "usc/31/3516"
},
{
"text": "section 1116",
"legal-doc": "usc",
"parsable-cite": "usc/31/1116"
}
]
},
{
"text": "(b) Implementation of audit opinion requirement \nThe Secretary of Homeland Security shall include audit opinions in performance and accountability reports under section 3516(f) of title 31, United States Code, as amended by subsection (a), only for fiscal years after fiscal year 2005.",
"id": "H8DF79A8F3D5D4B0F9C3F01F5B5046282",
"header": "Implementation of audit opinion requirement",
"nested": [],
"links": [
{
"text": "section 3516(f)",
"legal-doc": "usc",
"parsable-cite": "usc/31/3516"
}
]
},
{
"text": "(c) Assertion of internal controls \nThe Secretary of Homeland Security shall include in the performance and accountability report for fiscal year 2005 submitted by the Secretary under section 3516(f) of title 31, United States Code, an assertion of the internal controls that apply to financial reporting by the Department of Homeland Security.",
"id": "H90C9F61DD6714E4CB0A7F8667000FBAA",
"header": "Assertion of internal controls",
"nested": [],
"links": [
{
"text": "section 3516(f)",
"legal-doc": "usc",
"parsable-cite": "usc/31/3516"
}
]
},
{
"text": "(d) Audit opinions of internal controls over financial reporting by Chief Financial Officer agencies \n(1) In General \nNot later than 180 days after the date of the enactment of this Act, the Chief Financial Officers Council and the President’s Council on Integrity and Efficiency established by Executive Order 12805 of May 11, 1992, shall jointly conduct a study of the potential costs and benefits of requiring the agencies listed in section 901(b) of title 31, United States Code, to obtain audit opinions of their internal controls over their financial reporting. (2) Report \nUpon completion of the study under paragraph (1), the Chief Financial Officers Council and the President’s Council on Integrity and Efficiency shall promptly submit a report on the results of the study to the Committee on Government Reform of the House of Representatives, the Committee on Governmental Affairs of the Senate, and the Comptroller General of the United States. (3) General accounting Office analysis \nNot later than 90 days after receiving the report under paragraph (2), the Comptroller General shall perform an analysis of the information provided in the report and report the findings of the analysis to the committees referred to in paragraph (2).",
"id": "H68241D36F73E485A9B2D869C547CDBF2",
"header": "Audit opinions of internal controls over financial reporting by Chief Financial Officer agencies",
"nested": [],
"links": [
{
"text": "section 901(b)",
"legal-doc": "usc",
"parsable-cite": "usc/31/901"
}
]
}
],
"links": [
{
"text": "Section 3516",
"legal-doc": "usc",
"parsable-cite": "usc/31/3516"
},
{
"text": "section 1116",
"legal-doc": "usc",
"parsable-cite": "usc/31/1116"
},
{
"text": "section 3516(f)",
"legal-doc": "usc",
"parsable-cite": "usc/31/3516"
},
{
"text": "section 3516(f)",
"legal-doc": "usc",
"parsable-cite": "usc/31/3516"
},
{
"text": "section 901(b)",
"legal-doc": "usc",
"parsable-cite": "usc/31/901"
}
]
},
{
"text": "5. Future years homeland security program and homeland security strategy \nSection 874 of the Homeland Security Act of 2002 ( 6 U.S.C. 112 ) is amended by striking subsection (b) and inserting the following: (b) Contents \nThe Future Years Homeland Security Program under subsection (a) shall— (1) include the same type of information, organizational structure, and level of detail as the future years defense program submitted to Congress by the Secretary of Defense under section 221 of title 10, United States Code; (2) set forth the homeland security strategy of the Department, which shall be developed and updated as appropriate annually by the Secretary, that was used to develop program planning guidance for the Future Years Homeland Security Program; and (3) include an explanation of how the resource allocations included in the Future Years Homeland Security Program correlate to the homeland security strategy set forth under paragraph (2)..",
"id": "HF092583933E14CC1BC62C5AC2B272B10",
"header": "Future years homeland security program and homeland security strategy",
"nested": [],
"links": [
{
"text": "6 U.S.C. 112",
"legal-doc": "usc",
"parsable-cite": "usc/6/112"
},
{
"text": "section 221",
"legal-doc": "usc",
"parsable-cite": "usc/10/221"
}
]
},
{
"text": "6. Establishment of Office of Program Analysis and Evaluation \nSection 702 of the Homeland Security Act of 2002 ( 6 U.S.C. 342 ) is amended by— (1) inserting (a) In General.— before the first sentence; and (2) adding at the end the following: (b) Program analysis and evaluation function \n(1) Establishment of Office of Program Analysis and Evaluation \nNot later than 90 days after the date of enactment of this subsection, the Secretary shall establish an Office of Program Analysis and Evaluation within the Department (in this section referred to as the Office ). (2) Responsibilities \nThe Office shall perform the following functions: (A) Analyze and evaluate plans, programs, and budgets of the Department in relation to United States homeland security objectives, projected threats, vulnerability assessments, estimated costs, resource constraints, and the most recent homeland security strategy developed pursuant to section 874(b)(2). (B) Develop and perform analyses and evaluations of alternative plans, programs, personnel levels, and budget submissions for the Department in relation to United States homeland security objectives, projected threats, vulnerability assessments, estimated costs, resource constraints, and the most recent homeland security strategy developed pursuant to section 874(b)(2). (C) Establish policies for, and oversee the integration of, the planning, programming, and budgeting system of the Department. (D) Review and ensure that the Department meets performance-based budget requirements established by the Office of Management and Budget. (E) Provide guidance for, and oversee the development of, the Future Years Homeland Security Program of the Department, as specified under section 874. (F) Ensure that the costs of Department programs, including classified programs, are presented accurately and completely. (G) Oversee the preparation of the annual performance plan for the Department and the program and performance section of the annual report on program performance for the Department, consistent with sections 1115 and 1116, respectively, of title 31, United States Code. (H) Provide leadership in developing and promoting improved analytical tools and methods for analyzing homeland security planning and the allocation of resources. (I) Any other responsibilities delegated by the Secretary consistent with an effective program analysis and evaluation function. (3) Director of Program Analysis and Evaluation \nThere shall be a Director of Program Analysis and Evaluation, who— (A) shall be a principal staff assistant to the Chief Financial Officer of the Department for program analysis and evaluation; and (B) shall report to an official no lower than the Chief Financial Officer. (4) Reorganization \n(A) In General \nThe Secretary may allocate or reallocate the functions of the Office, or discontinue the Office, in accordance with section 872(a). (B) Exemption from limitations \nSection 872(b) shall not apply to any action by the Secretary under this paragraph..",
"id": "H1D3CCC06DC314B7192254412626B1ED9",
"header": "Establishment of Office of Program Analysis and Evaluation",
"nested": [],
"links": [
{
"text": "6 U.S.C. 342",
"legal-doc": "usc",
"parsable-cite": "usc/6/342"
}
]
},
{
"text": "7. Notification regarding transfer or reprogramming of funds for Department of Homeland Security \nSection 702 of the Homeland Security Act of 2002 ( 6 U.S.C. 342 ) is further amended by adding at end the following: (c) Notification regarding transfer or reprogramming of funds \nIn any case in which appropriations available to the Department or any officer of the Department are transferred or reprogrammed and notice of such transfer or reprogramming is submitted to the Congress (including any officer, office, or Committee of the Congress), the Chief Financial Officer of the Department shall simultaneously submit such notice to the Select Committee on Homeland Security (or any successor to the jurisdiction of that committee) and the Committee on Government Reform of the House of Representatives, and to the Committee on Governmental Affairs of the Senate..",
"id": "H27E8BDCDF6A144419FBCF094A9954997",
"header": "Notification regarding transfer or reprogramming of funds for Department of Homeland Security",
"nested": [],
"links": [
{
"text": "6 U.S.C. 342",
"legal-doc": "usc",
"parsable-cite": "usc/6/342"
}
]
}
] | 7 | 1. Short title
This Act may be cited as Department of Homeland Security Financial Accountability Act. 2. Findings
The Congress finds the following: (1) Influential financial management leadership is of vital importance to the mission success of the Department of Homeland Security. For this reason, the Chief Financial Officer of the Department must be a key figure in the Department’s management. (2) To provide a sound financial leadership structure, the provisions of law enacted by the Chief Financial Officers Act of 1990 ( Public Law 101–576 ) provide that the Chief Financial Officer of each of the Federal executive departments is to be a Presidential appointee who reports directly to the Secretary of that department on financial management matters. Because the Department of Homeland Security was only recently created, the provisions enacted by that Act must be amended to include the Department within these provisions. (3) The Department of Homeland Security was created by consolidation of 22 separate Federal agencies, each with its own accounting and financial management system. None of these systems was developed with a view to executing the mission of the Department of Homeland Security to prevent terrorist attacks within the United States, reduce the Nation’s vulnerability to terrorism, and minimize the damage and assist in the recovery from terrorist attacks. For these reasons, a strong Chief Financial Officer is needed within the Department both to consolidate financial management operations, and to insure that management control systems are comprehensively designed to achieve the mission and execute the strategy of the Department. (4) The provisions of law enacted by the Chief Financial Officers Act of 1990 require agency Chief Financial Officers to improve the financial information available to agency managers and the Congress. Those provisions also specify that agency financial management systems must provide for the systematic measurement of performance. In the case of the Department of Homeland Security, therefore, it is vitally important that management control systems be designed with a clear view of a homeland security strategy, including the priorities of the Department in addressing those risks of terrorism deemed most significant based upon a comprehensive assessment of potential threats, vulnerabilities, criticality, and consequences. For this reason, Federal law should be amended to clearly state the responsibilities of the Chief Financial Officer of the Department of Homeland Security to provide management control information, for the benefit of managers within the Department and to help inform the Congress, that permits an assessment of the Department’s performance in executing a homeland security strategy. 3. Chief Financial Officer of the Department of Homeland Security
(a) In General
Section 901(b)(1) of title 31, United States Code, is amended— (1) by redesignating subparagraphs (G) through (P) as subparagraphs (H) through (Q), respectively; and (2) by inserting after subparagraph (F) the following: (G) The Department of Homeland Security.. (b) Appointment or designation of CFO
The President shall appoint or designate a Chief Financial Officer of the Department of Homeland Security under the amendment made by subsection (a) by not later than 180 days after the date of the enactment of this Act. (c) Continued service of current official
An individual serving as Chief Financial Officer of the Department of Homeland Security immediately before the enactment of this Act, or another person who is appointed to replace such an individual in an acting capacity after the enactment of this Act, may continue to serve in that position until the date of the confirmation or designation, as applicable (under section 901(a)(1)(B) of title 31, United States Code), of a successor under the amendment made by subsection (a). (d) Conforming amendments
(1) Homeland Security Act of 2002
The Homeland Security Act of 2002 ( Public Law 107–296 ) is amended— (A) in section 103 ( 6 U.S.C. 113 )— (i) in subsection (d) by striking paragraph (4), and redesignating paragraph (5) as paragraph (4); (ii) by redesignating subsection (e) as subsection (f); and (iii) by inserting after subsection (d) the following: (e) Chief Financial Officer
There shall be in the Department a Chief Financial Officer, as provided in chapter 9 of title 31, United States Code. ; and (B) in section 702 ( 6 U.S.C. 342 ) by striking shall report and all that follows through the period and inserting shall perform functions as specified in chapter 9 of title 31, United States Code, and, with respect to all such functions and other responsibilities that may be assigned to the Chief Financial Officer from time to time, shall also report to the Under Secretary for Management.. (2) FEMA
Section 901(b)(2) of title 31, United States Code, is amended by striking subparagraph (B), and by redesignating subparagraphs (C) through (H) in order as subparagraphs (B) through (G). 4. Functions of Chief Financial Officer of the Department of Homeland Security
(a) Performance and accountability reports
Section 3516 of title 31, United States Code, is amended by adding at the end the following: (f) The Secretary of Homeland Security— (1) shall for each fiscal year submit a performance and accountability report under subsection (a) that incorporates the program performance report under section 1116 of this title for the Department of Homeland Security; (2) shall include in each performance and accountability report an audit opinion of the Department’s internal controls over its financial reporting; and (3) shall design and implement Department-wide management controls that— (A) reflect the most recent homeland security strategy developed pursuant to section 874(b)(2) of the Homeland Security Act of 2002; and (B) permit assessment, by the Congress and by managers within the Department, of the Department’s performance in executing such strategy.. (b) Implementation of audit opinion requirement
The Secretary of Homeland Security shall include audit opinions in performance and accountability reports under section 3516(f) of title 31, United States Code, as amended by subsection (a), only for fiscal years after fiscal year 2005. (c) Assertion of internal controls
The Secretary of Homeland Security shall include in the performance and accountability report for fiscal year 2005 submitted by the Secretary under section 3516(f) of title 31, United States Code, an assertion of the internal controls that apply to financial reporting by the Department of Homeland Security. (d) Audit opinions of internal controls over financial reporting by Chief Financial Officer agencies
(1) In General
Not later than 180 days after the date of the enactment of this Act, the Chief Financial Officers Council and the President’s Council on Integrity and Efficiency established by Executive Order 12805 of May 11, 1992, shall jointly conduct a study of the potential costs and benefits of requiring the agencies listed in section 901(b) of title 31, United States Code, to obtain audit opinions of their internal controls over their financial reporting. (2) Report
Upon completion of the study under paragraph (1), the Chief Financial Officers Council and the President’s Council on Integrity and Efficiency shall promptly submit a report on the results of the study to the Committee on Government Reform of the House of Representatives, the Committee on Governmental Affairs of the Senate, and the Comptroller General of the United States. (3) General accounting Office analysis
Not later than 90 days after receiving the report under paragraph (2), the Comptroller General shall perform an analysis of the information provided in the report and report the findings of the analysis to the committees referred to in paragraph (2). 5. Future years homeland security program and homeland security strategy
Section 874 of the Homeland Security Act of 2002 ( 6 U.S.C. 112 ) is amended by striking subsection (b) and inserting the following: (b) Contents
The Future Years Homeland Security Program under subsection (a) shall— (1) include the same type of information, organizational structure, and level of detail as the future years defense program submitted to Congress by the Secretary of Defense under section 221 of title 10, United States Code; (2) set forth the homeland security strategy of the Department, which shall be developed and updated as appropriate annually by the Secretary, that was used to develop program planning guidance for the Future Years Homeland Security Program; and (3) include an explanation of how the resource allocations included in the Future Years Homeland Security Program correlate to the homeland security strategy set forth under paragraph (2).. 6. Establishment of Office of Program Analysis and Evaluation
Section 702 of the Homeland Security Act of 2002 ( 6 U.S.C. 342 ) is amended by— (1) inserting (a) In General.— before the first sentence; and (2) adding at the end the following: (b) Program analysis and evaluation function
(1) Establishment of Office of Program Analysis and Evaluation
Not later than 90 days after the date of enactment of this subsection, the Secretary shall establish an Office of Program Analysis and Evaluation within the Department (in this section referred to as the Office ). (2) Responsibilities
The Office shall perform the following functions: (A) Analyze and evaluate plans, programs, and budgets of the Department in relation to United States homeland security objectives, projected threats, vulnerability assessments, estimated costs, resource constraints, and the most recent homeland security strategy developed pursuant to section 874(b)(2). (B) Develop and perform analyses and evaluations of alternative plans, programs, personnel levels, and budget submissions for the Department in relation to United States homeland security objectives, projected threats, vulnerability assessments, estimated costs, resource constraints, and the most recent homeland security strategy developed pursuant to section 874(b)(2). (C) Establish policies for, and oversee the integration of, the planning, programming, and budgeting system of the Department. (D) Review and ensure that the Department meets performance-based budget requirements established by the Office of Management and Budget. (E) Provide guidance for, and oversee the development of, the Future Years Homeland Security Program of the Department, as specified under section 874. (F) Ensure that the costs of Department programs, including classified programs, are presented accurately and completely. (G) Oversee the preparation of the annual performance plan for the Department and the program and performance section of the annual report on program performance for the Department, consistent with sections 1115 and 1116, respectively, of title 31, United States Code. (H) Provide leadership in developing and promoting improved analytical tools and methods for analyzing homeland security planning and the allocation of resources. (I) Any other responsibilities delegated by the Secretary consistent with an effective program analysis and evaluation function. (3) Director of Program Analysis and Evaluation
There shall be a Director of Program Analysis and Evaluation, who— (A) shall be a principal staff assistant to the Chief Financial Officer of the Department for program analysis and evaluation; and (B) shall report to an official no lower than the Chief Financial Officer. (4) Reorganization
(A) In General
The Secretary may allocate or reallocate the functions of the Office, or discontinue the Office, in accordance with section 872(a). (B) Exemption from limitations
Section 872(b) shall not apply to any action by the Secretary under this paragraph.. 7. Notification regarding transfer or reprogramming of funds for Department of Homeland Security
Section 702 of the Homeland Security Act of 2002 ( 6 U.S.C. 342 ) is further amended by adding at end the following: (c) Notification regarding transfer or reprogramming of funds
In any case in which appropriations available to the Department or any officer of the Department are transferred or reprogrammed and notice of such transfer or reprogramming is submitted to the Congress (including any officer, office, or Committee of the Congress), the Chief Financial Officer of the Department shall simultaneously submit such notice to the Select Committee on Homeland Security (or any successor to the jurisdiction of that committee) and the Committee on Government Reform of the House of Representatives, and to the Committee on Governmental Affairs of the Senate.. | 12,732 | [
"Homeland Security and Governmental Affairs Committee",
"Homeland Security Committee",
"Oversight and Accountability Committee"
] |
108hr5151ih | 108 | hr | 5,151 | ih | To transfer administrative jurisdiction over certain land in Clark County, Nevada, from the Secretary of the Interior to the Secretary of Veterans Affairs. | [
{
"text": "1. Short title \nThis Act may be cited as the Foundation for Nevada’s Veterans Land Transfer Act of 2004.",
"id": "H7ECEFE603B8541EFB5B800CF094BE42B",
"header": "Short title",
"nested": [],
"links": []
},
{
"text": "2. Transfer of administrative jurisdiction, Bureau of Land Management land, Clark County, Nevada \n(a) In general \nAdministrative jurisdiction over the land described in subsection (b) is transferred from the Secretary of the Interior to the Secretary of Veterans Affairs. (b) Description of land \nThe parcel of land referred to in subsection (a) is the approximately 150 acres of Bureau of Land Management land in Clark County, Nevada, as generally depicted on the map entitled Veterans Administration Conveyance and dated September 24, 2004. (c) Use of land \nThe parcel of land described in subsection (b) shall be used by the Secretary of Veterans Affairs for the construction and operation of medical and related facilities, as determined to be appropriate by the Secretary of Veterans Affairs.",
"id": "HD51A29B6C4224BD9ACE074C0B954A7CF",
"header": "Transfer of administrative jurisdiction, Bureau of Land Management land, Clark County, Nevada",
"nested": [
{
"text": "(a) In general \nAdministrative jurisdiction over the land described in subsection (b) is transferred from the Secretary of the Interior to the Secretary of Veterans Affairs.",
"id": "H6485108E7FD145208FD0006600AA6DD9",
"header": "In general",
"nested": [],
"links": []
},
{
"text": "(b) Description of land \nThe parcel of land referred to in subsection (a) is the approximately 150 acres of Bureau of Land Management land in Clark County, Nevada, as generally depicted on the map entitled Veterans Administration Conveyance and dated September 24, 2004.",
"id": "H8497F68CB67249BD867DF600DAB73E87",
"header": "Description of land",
"nested": [],
"links": []
},
{
"text": "(c) Use of land \nThe parcel of land described in subsection (b) shall be used by the Secretary of Veterans Affairs for the construction and operation of medical and related facilities, as determined to be appropriate by the Secretary of Veterans Affairs.",
"id": "H06D8CD9DA48341F1A529A11103AF4C88",
"header": "Use of land",
"nested": [],
"links": []
}
],
"links": []
}
] | 2 | 1. Short title
This Act may be cited as the Foundation for Nevada’s Veterans Land Transfer Act of 2004. 2. Transfer of administrative jurisdiction, Bureau of Land Management land, Clark County, Nevada
(a) In general
Administrative jurisdiction over the land described in subsection (b) is transferred from the Secretary of the Interior to the Secretary of Veterans Affairs. (b) Description of land
The parcel of land referred to in subsection (a) is the approximately 150 acres of Bureau of Land Management land in Clark County, Nevada, as generally depicted on the map entitled Veterans Administration Conveyance and dated September 24, 2004. (c) Use of land
The parcel of land described in subsection (b) shall be used by the Secretary of Veterans Affairs for the construction and operation of medical and related facilities, as determined to be appropriate by the Secretary of Veterans Affairs. | 902 | [
"Natural Resources Committee"
] |
108hr3906ih | 108 | hr | 3,906 | ih | To authorize the extension of nondiscriminatory treatment (normal trade relations treatment) to the products of Ukraine. | [
{
"text": "1. Termination of application of title IV of the Trade Act of 1974 to Ukraine \n(a) Presidential determinations and extensions of nondiscriminatory treatment \nNotwithstanding any provision of title IV of the Trade Act of 1974 ( 19 U.S.C. 2431 et seq. ), the President may— (1) determine that such title should no longer apply to Ukraine; and (2) after making a determination under paragraph (1) with respect to Ukraine, proclaim the extension of nondiscriminatory treatment (normal trade relations treatment) to the products of that country. (b) Termination of application of title IV \nOn and after the effective date of the extension under subsection (a)(2) of nondiscriminatory treatment to the products of Ukraine, chapter 1 of title IV of the Trade Act of 1974 shall cease to apply to that country.",
"id": "H1B6EDF304A6F443289F15B2758D554A2",
"header": "Termination of application of title IV of the Trade Act of 1974 to Ukraine",
"nested": [
{
"text": "(a) Presidential determinations and extensions of nondiscriminatory treatment \nNotwithstanding any provision of title IV of the Trade Act of 1974 ( 19 U.S.C. 2431 et seq. ), the President may— (1) determine that such title should no longer apply to Ukraine; and (2) after making a determination under paragraph (1) with respect to Ukraine, proclaim the extension of nondiscriminatory treatment (normal trade relations treatment) to the products of that country.",
"id": "H800F56A7A2204868A55C9E16B88CBCDD",
"header": "Presidential determinations and extensions of nondiscriminatory treatment",
"nested": [],
"links": [
{
"text": "19 U.S.C. 2431 et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/19/2431"
}
]
},
{
"text": "(b) Termination of application of title IV \nOn and after the effective date of the extension under subsection (a)(2) of nondiscriminatory treatment to the products of Ukraine, chapter 1 of title IV of the Trade Act of 1974 shall cease to apply to that country.",
"id": "H6D58BDFAD08047DC8942633DFD003CDA",
"header": "Termination of application of title IV",
"nested": [],
"links": []
}
],
"links": [
{
"text": "19 U.S.C. 2431 et seq.",
"legal-doc": "usc",
"parsable-cite": "usc/19/2431"
}
]
}
] | 1 | 1. Termination of application of title IV of the Trade Act of 1974 to Ukraine
(a) Presidential determinations and extensions of nondiscriminatory treatment
Notwithstanding any provision of title IV of the Trade Act of 1974 ( 19 U.S.C. 2431 et seq. ), the President may— (1) determine that such title should no longer apply to Ukraine; and (2) after making a determination under paragraph (1) with respect to Ukraine, proclaim the extension of nondiscriminatory treatment (normal trade relations treatment) to the products of that country. (b) Termination of application of title IV
On and after the effective date of the extension under subsection (a)(2) of nondiscriminatory treatment to the products of Ukraine, chapter 1 of title IV of the Trade Act of 1974 shall cease to apply to that country. | 801 | [
"Ways and Means Committee"
] |
108hr4884ih | 108 | hr | 4,884 | ih | To adjust the boundary of the Yuma Crossing National Heritage Area. | [
{
"text": "1. Yuma Crossing National Heritage Area Boundary adjustment \nSection 3(b) of the Yuma Crossing National Heritage Area Act of 2000 ( 16 U.S.C. 461 note; Public Law 106–319 ) is amended to read as follows: (b) Boundaries \nThe Heritage Area shall be comprised generally of the riverfront and downtown areas. More specifically, the boundaries shall be as follows: A boundary with a true point of beginning and inclusive of a section of land located at Township 8 South, Range 22 West, Section 19 and excepting therefrom parcels 108-16-004 and 108-16-002 and said boundary beginning at the northwest section corner in alignment with the north right-of-way line of the Colorado River Levee and thence westerly along the north right-of-way line of the Colorado River Levee a distance of 15,840 ft (+/-) to the point of intersection of the north right-of-way line of the Colorado River Levee and the centerline of Quechan Road/Penitentiary Avenue, thence southerly along the centerline of Quechan Road/Penitentiary Avenue a distance of 1,320 ft (+/-) to the point of intersection of the centerline of Quechan Road/Penitentiary Avenue and the north full bank line of the Colorado River, thence westerly along the north full bank line of the Colorado River a distance of 10,579 ft (+/-) to the point of intersection of the north full bank line of the Colorado River and the centerline of 23rd Avenue, thence southerly along the centerline of 23rd Avenue a distance of 1,320 ft (+/-) to the point of intersection of the centerline of 23rd Avenue and the southern right-of-way line of the Yuma Valley Levee/Yuma Valley Railroad right-of-way, thence easterly along the southern right-of-way line of the Yuma Valley Levee/Yuma Valley Railroad right-of-way a distance of 6,953 ft (+/-) to the point of intersection of the southern right-of-way line of the Yuma Valley Levee/Yuma Valley Railroad and the centerline of Lovers Lane, thence southwesterly along the centerline of Lovers Lane a distance of 948 ft (+/-) to the point of intersection of the centerline of Lovers Lane and the centerline of First Street, thence easterly along the centerline of First Street a distance of 1,390 ft (+/-) to the point of intersection of the centerline of First Street and the centerline of the alleyway mid-block between 1st and 2nd Avenues, thence southerly along the centerline of the alleyway mid-block between 1st and 2nd Avenues a distance of 2,030 ft (+/-) to the point of intersection of the centerline of the alleyway mid-block between 1st and 2nd Avenues and the centerline of Giss Parkway, thence westerly along the centerline of Giss Parkway a distance of 190 ft (+/-) to the point of intersection of the centerline of Giss Parkway and the centerline of 2nd Avenue, thence southerly along the centerline of 2nd Avenue a distance of 660 ft (+/-) to the point of intersection of the centerline of 2nd Avenue and the centerline of 4th Street, thence westerly along the centerline of 4th Street a distance of 570 ft (+/-) to the point of intersection of the centerline of 4th Street and the centerline of the alleyway between 3rd and 4th Avenues, thence southerly along the centerline of the alleyway between 3rd and 4th Avenues a distance of 660 ft (+/-) to the point of intersection of the centerline of the alleyway between 3rd and 4th Avenues and the centerline of 5th Street, thence westerly along the centerline of 5th Street a distance of 190 ft (+/-) to the point of intersection of the centerline of 5th Street and the centerline of 4th Avenue, thence southerly along the centerline of 4th Avenue a distance of 660 ft (+/-) to the point of intersection of the centerline of 4th Avenue and the centerline of 6th Street, thence easterly along the centerline of 6th Street a distance of 190 ft (+/-) to the point of intersection of the centerline of 6th Street and the centerline of the alleyway between 3rd and 4th Avenues, thence southerly along the centerline of the alleyway a distance of 660 ft (+/-) to the point of intersection of the centerline of the alleyway between 3rd and 4th Avenues and the centerline of 7th Street, thence easterly along the centerline of 7th Street a distance of 190 ft (+/-) to the point of intersection of the centerline of 7th Street and the centerline of 3rd Avenue, thence southerly along the centerline of 3rd Avenue a distance of 440 ft (+/-) to the point of intersection of the centerline of 3rd Avenue and the centerline of 8th Street, thence easterly along the centerline of 8th Street a distance of 1,140 ft (+/-) to the point of intersection of the centerline of 8th Street and the centerline of Madison Avenue, thence northerly along the centerline of Madison Avenue a distance of 1,765 ft (+/-) to the point of intersection of the centerline of Madison Avenue and the centerline of 5th Street, thence easterly along the centerline of 5th Street a distance of 2,035 ft (+/-) to the point of intersection of the centerline of 5th Street and the centerline of the Union Pacific/Southern Pacific Railroad right-of-way, thence north/northwesterly along the centerline of the Union Pacific/Southern Pacific Railroad right-of-way a distance of 5,402 ft (+/-) to the point of intersection of the centerline of the Union Pacific/Southern Pacific Railroad right-of-way and the centerline of Prison Lane, thence east/southeasterly along the centerline of Prison Lane a distance of 535 ft (+/-) to the point of intersection of the centerline of Prison Lane and the southern right-of-way line of the Gila River Levee, thence southeasterly along the southern right-of-way line of the Gila River Levee a distance of 3,320 ft (+/-) to a point, thence easterly along the southern right-of-way line of the Gila River Levee a distance of 13,540 ft (+/-) to the southwest section corner of Township 8 South, Range 22 West, Section 19, inclusive of the section and excepting therefrom the aforementioned parcels, as the true point of beginning..",
"id": "H1DA46ED4AB6540BEB5916EC72E2FA7B8",
"header": "Yuma Crossing National Heritage Area Boundary adjustment",
"nested": [],
"links": [
{
"text": "16 U.S.C. 461",
"legal-doc": "usc",
"parsable-cite": "usc/16/461"
},
{
"text": "Public Law 106–319",
"legal-doc": "public-law",
"parsable-cite": "pl/106/319"
}
]
}
] | 1 | 1. Yuma Crossing National Heritage Area Boundary adjustment
Section 3(b) of the Yuma Crossing National Heritage Area Act of 2000 ( 16 U.S.C. 461 note; Public Law 106–319 ) is amended to read as follows: (b) Boundaries
The Heritage Area shall be comprised generally of the riverfront and downtown areas. More specifically, the boundaries shall be as follows: A boundary with a true point of beginning and inclusive of a section of land located at Township 8 South, Range 22 West, Section 19 and excepting therefrom parcels 108-16-004 and 108-16-002 and said boundary beginning at the northwest section corner in alignment with the north right-of-way line of the Colorado River Levee and thence westerly along the north right-of-way line of the Colorado River Levee a distance of 15,840 ft (+/-) to the point of intersection of the north right-of-way line of the Colorado River Levee and the centerline of Quechan Road/Penitentiary Avenue, thence southerly along the centerline of Quechan Road/Penitentiary Avenue a distance of 1,320 ft (+/-) to the point of intersection of the centerline of Quechan Road/Penitentiary Avenue and the north full bank line of the Colorado River, thence westerly along the north full bank line of the Colorado River a distance of 10,579 ft (+/-) to the point of intersection of the north full bank line of the Colorado River and the centerline of 23rd Avenue, thence southerly along the centerline of 23rd Avenue a distance of 1,320 ft (+/-) to the point of intersection of the centerline of 23rd Avenue and the southern right-of-way line of the Yuma Valley Levee/Yuma Valley Railroad right-of-way, thence easterly along the southern right-of-way line of the Yuma Valley Levee/Yuma Valley Railroad right-of-way a distance of 6,953 ft (+/-) to the point of intersection of the southern right-of-way line of the Yuma Valley Levee/Yuma Valley Railroad and the centerline of Lovers Lane, thence southwesterly along the centerline of Lovers Lane a distance of 948 ft (+/-) to the point of intersection of the centerline of Lovers Lane and the centerline of First Street, thence easterly along the centerline of First Street a distance of 1,390 ft (+/-) to the point of intersection of the centerline of First Street and the centerline of the alleyway mid-block between 1st and 2nd Avenues, thence southerly along the centerline of the alleyway mid-block between 1st and 2nd Avenues a distance of 2,030 ft (+/-) to the point of intersection of the centerline of the alleyway mid-block between 1st and 2nd Avenues and the centerline of Giss Parkway, thence westerly along the centerline of Giss Parkway a distance of 190 ft (+/-) to the point of intersection of the centerline of Giss Parkway and the centerline of 2nd Avenue, thence southerly along the centerline of 2nd Avenue a distance of 660 ft (+/-) to the point of intersection of the centerline of 2nd Avenue and the centerline of 4th Street, thence westerly along the centerline of 4th Street a distance of 570 ft (+/-) to the point of intersection of the centerline of 4th Street and the centerline of the alleyway between 3rd and 4th Avenues, thence southerly along the centerline of the alleyway between 3rd and 4th Avenues a distance of 660 ft (+/-) to the point of intersection of the centerline of the alleyway between 3rd and 4th Avenues and the centerline of 5th Street, thence westerly along the centerline of 5th Street a distance of 190 ft (+/-) to the point of intersection of the centerline of 5th Street and the centerline of 4th Avenue, thence southerly along the centerline of 4th Avenue a distance of 660 ft (+/-) to the point of intersection of the centerline of 4th Avenue and the centerline of 6th Street, thence easterly along the centerline of 6th Street a distance of 190 ft (+/-) to the point of intersection of the centerline of 6th Street and the centerline of the alleyway between 3rd and 4th Avenues, thence southerly along the centerline of the alleyway a distance of 660 ft (+/-) to the point of intersection of the centerline of the alleyway between 3rd and 4th Avenues and the centerline of 7th Street, thence easterly along the centerline of 7th Street a distance of 190 ft (+/-) to the point of intersection of the centerline of 7th Street and the centerline of 3rd Avenue, thence southerly along the centerline of 3rd Avenue a distance of 440 ft (+/-) to the point of intersection of the centerline of 3rd Avenue and the centerline of 8th Street, thence easterly along the centerline of 8th Street a distance of 1,140 ft (+/-) to the point of intersection of the centerline of 8th Street and the centerline of Madison Avenue, thence northerly along the centerline of Madison Avenue a distance of 1,765 ft (+/-) to the point of intersection of the centerline of Madison Avenue and the centerline of 5th Street, thence easterly along the centerline of 5th Street a distance of 2,035 ft (+/-) to the point of intersection of the centerline of 5th Street and the centerline of the Union Pacific/Southern Pacific Railroad right-of-way, thence north/northwesterly along the centerline of the Union Pacific/Southern Pacific Railroad right-of-way a distance of 5,402 ft (+/-) to the point of intersection of the centerline of the Union Pacific/Southern Pacific Railroad right-of-way and the centerline of Prison Lane, thence east/southeasterly along the centerline of Prison Lane a distance of 535 ft (+/-) to the point of intersection of the centerline of Prison Lane and the southern right-of-way line of the Gila River Levee, thence southeasterly along the southern right-of-way line of the Gila River Levee a distance of 3,320 ft (+/-) to a point, thence easterly along the southern right-of-way line of the Gila River Levee a distance of 13,540 ft (+/-) to the southwest section corner of Township 8 South, Range 22 West, Section 19, inclusive of the section and excepting therefrom the aforementioned parcels, as the true point of beginning.. | 5,958 | [
"Natural Resources Committee"
] |