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[ { "text": "1. Short title \nThis Act may be cited as the Nanomanufacturing Investment Act of 2004.", "id": "H045E7EE3ED55438E8F3FA92E003436BD", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Nanomanufacturing Investment Partnership \n(a) Establishment \nIf $250,000,000 is made available for such purposes from the private sector within 2 years after the date of enactment of this Act, the Secretary of Commerce shall establish the Nanomanufacturing Investment Partnership, in partnership with such private sector investors. (b) Purpose \nThe Nanomanufacturing Investment Partnership shall provide funding for precommercial nanomanufacturing research and development projects, but not for basic research projects, through funding mechanisms described in subsection (c) in a manner so as to advance the commercialization of nanomanufacturing technologies to address critical scientific and engineering needs of national importance, especially with respect to projects that would not be adequately funded or pursued by the private sector or pursuant to the 21st Century Nanotechnology Research and Development Act or other law, and to increase the commercial application of federally supported research results. To the extent that a sufficient number of viable applications have been submitted, at least 85 percent of the funding provided by the Nanomanufacturing Investment Partnership under this section shall be provided to startup companies. (c) Funding mechanisms \nThe Nanomanufacturing Investment Partnership may provide funding through direct investment in nanomanufacturing firms, contracts, loans or loan guarantees, unsecured subordinated debt, or any other mechanism designed to advance nanomanufacturing technologies. (d) Return on investment \n(1) Requirement \nEach transaction through which the Nanomanufacturing Investment Partnership provides funding under subsection (c) shall provide for the return to the Nanomanufacturing Investment Partnership of fair and reasonable amounts resulting from the commercialization of technologies developed with the funding provided by the Nanomanufacturing Investment Partnership. (2) Distribution \nAmounts received by the Nanomanufacturing Investment Partnership pursuant to paragraph (1) shall be distributed as follows: (A) Except as provided in subparagraph (B), amounts shall be distributed to all investors in the Nanomanufacturing Investment Partnership, including the Federal Government, in proportion to their monetary contribution to the Nanomanufacturing Investment Partnership. (B) After the total monetary investment of the Federal Government has been recovered under subparagraph (A), the Federal share of distributions under this paragraph shall be reduced to 7 percent of the proportional distribution under subparagraph (A), and the remaining amounts shall be distributed proportionately to all non-Federal investors. (e) Cost sharing \nEach applicant for funding assistance from the Nanomanufacturing Investment Partnership for a project shall be required to provide a portion of the cost of the project. (f) Peer review \nEach application for funding assistance for a project from the Nanomanufacturing Investment Partnership shall be peer reviewed. (g) Administration \nThe Secretary of Commerce, based on guidance from the Advisory Board established under section 3 and on the results of peer review under subsection (f), shall make awards of funding under this Act. (h) Progress reports \nThe Nanomanufacturing Investment Partnership shall require periodic project progress reports from recipients of funding under this Act.", "id": "H59F85E0402044A0AB632D69C24346FE4", "header": "Nanomanufacturing Investment Partnership", "nested": [ { "text": "(a) Establishment \nIf $250,000,000 is made available for such purposes from the private sector within 2 years after the date of enactment of this Act, the Secretary of Commerce shall establish the Nanomanufacturing Investment Partnership, in partnership with such private sector investors.", "id": "HBA0123D953364B20A06FDA03EAA522D4", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Purpose \nThe Nanomanufacturing Investment Partnership shall provide funding for precommercial nanomanufacturing research and development projects, but not for basic research projects, through funding mechanisms described in subsection (c) in a manner so as to advance the commercialization of nanomanufacturing technologies to address critical scientific and engineering needs of national importance, especially with respect to projects that would not be adequately funded or pursued by the private sector or pursuant to the 21st Century Nanotechnology Research and Development Act or other law, and to increase the commercial application of federally supported research results. To the extent that a sufficient number of viable applications have been submitted, at least 85 percent of the funding provided by the Nanomanufacturing Investment Partnership under this section shall be provided to startup companies.", "id": "HA281EB754AA9445C82568BF88FC57BC1", "header": "Purpose", "nested": [], "links": [] }, { "text": "(c) Funding mechanisms \nThe Nanomanufacturing Investment Partnership may provide funding through direct investment in nanomanufacturing firms, contracts, loans or loan guarantees, unsecured subordinated debt, or any other mechanism designed to advance nanomanufacturing technologies.", "id": "HB4ABC0A944F949D2AB71DA8DC3E59F69", "header": "Funding mechanisms", "nested": [], "links": [] }, { "text": "(d) Return on investment \n(1) Requirement \nEach transaction through which the Nanomanufacturing Investment Partnership provides funding under subsection (c) shall provide for the return to the Nanomanufacturing Investment Partnership of fair and reasonable amounts resulting from the commercialization of technologies developed with the funding provided by the Nanomanufacturing Investment Partnership. (2) Distribution \nAmounts received by the Nanomanufacturing Investment Partnership pursuant to paragraph (1) shall be distributed as follows: (A) Except as provided in subparagraph (B), amounts shall be distributed to all investors in the Nanomanufacturing Investment Partnership, including the Federal Government, in proportion to their monetary contribution to the Nanomanufacturing Investment Partnership. (B) After the total monetary investment of the Federal Government has been recovered under subparagraph (A), the Federal share of distributions under this paragraph shall be reduced to 7 percent of the proportional distribution under subparagraph (A), and the remaining amounts shall be distributed proportionately to all non-Federal investors.", "id": "HF588F42C44664EB39292B8756994B2C", "header": "Return on investment", "nested": [], "links": [] }, { "text": "(e) Cost sharing \nEach applicant for funding assistance from the Nanomanufacturing Investment Partnership for a project shall be required to provide a portion of the cost of the project.", "id": "HEB3B63900B7F4993A08E4811B3D76415", "header": "Cost sharing", "nested": [], "links": [] }, { "text": "(f) Peer review \nEach application for funding assistance for a project from the Nanomanufacturing Investment Partnership shall be peer reviewed.", "id": "H7BC617D9BC054410ADB6E34EC438BD48", "header": "Peer review", "nested": [], "links": [] }, { "text": "(g) Administration \nThe Secretary of Commerce, based on guidance from the Advisory Board established under section 3 and on the results of peer review under subsection (f), shall make awards of funding under this Act.", "id": "H4291CDBD404348A78287427D37E2E97B", "header": "Administration", "nested": [], "links": [] }, { "text": "(h) Progress reports \nThe Nanomanufacturing Investment Partnership shall require periodic project progress reports from recipients of funding under this Act.", "id": "HC67F34674A734CD280A7C2AF95C3F621", "header": "Progress reports", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Advisory board \n(a) Establishment \nThe Secretary of Commerce shall establish an Advisory Board to assist the Secretary in carrying out this Act, including by establishing requirements for progress reports under section 2(h). The Advisory Board shall consist of— (1) representatives of each investor providing more than $10,000,000 to the Nanomanufacturing Investment Partnership, whose votes shall— (A) be distributed proportional to the size of their investment in the Nanomanufacturing Investment Partnership; and (B) collectively amount to 40 percent of the votes on the Advisory Board; and (2) independent experts on nanomanufacturing and finance appointed by the President from among representatives of government, industry, and academia, whose votes shall collectively amount to 60 percent of the votes on the Advisory Board. (b) Terms \nMembers of the Advisory Board appointed under subsection (a)(2) shall be appointed for 3 year terms, except that the President shall make some initial appointments for terms of 1 year and some for terms of 2 years, in order to ensure continuity of membership on the Advisory Board.", "id": "H4188E8FB950243989BBE5D16D3F1190", "header": "Advisory board", "nested": [ { "text": "(a) Establishment \nThe Secretary of Commerce shall establish an Advisory Board to assist the Secretary in carrying out this Act, including by establishing requirements for progress reports under section 2(h). The Advisory Board shall consist of— (1) representatives of each investor providing more than $10,000,000 to the Nanomanufacturing Investment Partnership, whose votes shall— (A) be distributed proportional to the size of their investment in the Nanomanufacturing Investment Partnership; and (B) collectively amount to 40 percent of the votes on the Advisory Board; and (2) independent experts on nanomanufacturing and finance appointed by the President from among representatives of government, industry, and academia, whose votes shall collectively amount to 60 percent of the votes on the Advisory Board.", "id": "HF00A4DB48AF4404E9E76A3FC17FE4D64", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Terms \nMembers of the Advisory Board appointed under subsection (a)(2) shall be appointed for 3 year terms, except that the President shall make some initial appointments for terms of 1 year and some for terms of 2 years, in order to ensure continuity of membership on the Advisory Board.", "id": "HD280754A9D404164BB78045249440099", "header": "Terms", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Authorization of appropriations \nThere are authorized to be appropriated to the Secretary of Commerce for the Nanomanufacturing Investment Partnership $750,000,000, to remain available until expended.", "id": "HE364DA82617E4D00BED2E9CF2D8DA775", "header": "Authorization of appropriations", "nested": [], "links": [] } ]

[ "Science, Space, and Technology Committee" ]

[ { "text": "1. Principal office of United States Court of Appeals for Veterans Claims \nSection 7255 of title 38, United States Code, is amended by striking District of Columbia and inserting Washington, D.C., metropolitan area.", "id": "HFB36F45D7F0C425700973375A4003B00", "header": "Principal office of United States Court of Appeals for Veterans Claims", "nested": [], "links": [ { "text": "Section 7255", "legal-doc": "usc", "parsable-cite": "usc/38/7255" } ] }, { "text": "2. Findings and sense of Congress regarding new Veterans Courthouse and Justice Center \n(a) Findings \nCongress makes the following findings: (1) Every Article I court of the United States other than the United States Court of Appeals for Veterans Claims is located in a dedicated courthouse. (2) The United States Court of Appeals for Veterans Claims has since its creation in 1988 been located in a commercial office building in the District of Columbia. (3) That court should be housed in a dedicated courthouse, as are all other Article I courts. (4) A dedicated courthouse for that court constituting a Veterans Courthouse and Justice Center would express the gratitude and respect of the Nation for the sacrifices of those serving and those who have served in the Armed Forces, and their families. (5) Location of such a courthouse and judicial center in an area proximate to the Pentagon, Arlington National Cemetery, and the Air Force Memorial (as planned) in Arlington, Virginia would be symbolically significant of the high esteem that the Nation holds for its veterans. (b) Sense of Congress \nIt is the sense of Congress that— (1) a dedicated Veterans Courthouse and Justice Center should be provided for the United States Court of Appeals for Veterans Claims; and (2) the Secretary of Defense, in cooperation with the United States Court of Appeals for Veterans Claims, the Secretary of Veterans Affairs, and the Administrator of General Services, should determine the feasibility of locating such a Veterans Courthouse and Justice Center at an appropriate site owned by the United States that is part of or proximate to the Pentagon Reservation in Arlington, Virginia. (c) Report \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense, the Secretary of Veterans Affairs, and the Administrator of General Services shall submit to the Committees on Veterans' Affairs and the Committees on Armed Services of the Senate and House of Representatives a joint report on the feasibility of locating a new Veterans Courthouse and Justice Center at an appropriate site owned by the United States that is part of or proximate to the Pentagon Reservation in Arlington, Virginia.", "id": "HDD9E1D2635F34655B0511D8C8969E8E6", "header": "Findings and sense of Congress regarding new Veterans Courthouse and Justice Center", "nested": [ { "text": "(a) Findings \nCongress makes the following findings: (1) Every Article I court of the United States other than the United States Court of Appeals for Veterans Claims is located in a dedicated courthouse. (2) The United States Court of Appeals for Veterans Claims has since its creation in 1988 been located in a commercial office building in the District of Columbia. (3) That court should be housed in a dedicated courthouse, as are all other Article I courts. (4) A dedicated courthouse for that court constituting a Veterans Courthouse and Justice Center would express the gratitude and respect of the Nation for the sacrifices of those serving and those who have served in the Armed Forces, and their families. (5) Location of such a courthouse and judicial center in an area proximate to the Pentagon, Arlington National Cemetery, and the Air Force Memorial (as planned) in Arlington, Virginia would be symbolically significant of the high esteem that the Nation holds for its veterans.", "id": "H03D7EE68EDF44CFFA1AB76D94003AA5", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Sense of Congress \nIt is the sense of Congress that— (1) a dedicated Veterans Courthouse and Justice Center should be provided for the United States Court of Appeals for Veterans Claims; and (2) the Secretary of Defense, in cooperation with the United States Court of Appeals for Veterans Claims, the Secretary of Veterans Affairs, and the Administrator of General Services, should determine the feasibility of locating such a Veterans Courthouse and Justice Center at an appropriate site owned by the United States that is part of or proximate to the Pentagon Reservation in Arlington, Virginia.", "id": "HE3837765613F454CA6F345D800F169BB", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "(c) Report \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense, the Secretary of Veterans Affairs, and the Administrator of General Services shall submit to the Committees on Veterans' Affairs and the Committees on Armed Services of the Senate and House of Representatives a joint report on the feasibility of locating a new Veterans Courthouse and Justice Center at an appropriate site owned by the United States that is part of or proximate to the Pentagon Reservation in Arlington, Virginia.", "id": "HE1658F5F11A641148400B1DD54D6CE03", "header": "Report", "nested": [], "links": [] } ], "links": [] } ]

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

[ { "text": "1. Designation \nThe Federal building located at 228 Walnut Street, in Harrisburg, Pennsylvania, shall be known and designated as the Ronald Reagan Federal Building.", "id": "HDF4C3F6C0EFE4261A4CD4EBF59652017", "header": "Designation", "nested": [], "links": [] }, { "text": "2. References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the Federal building referred to in section 1 shall be deemed to be a reference to the Ronald Reagan Federal Building.", "id": "H7691ECE0BF354D2C8203CAF229009209", "header": "References", "nested": [], "links": [] } ]

[ "Transportation and Infrastructure Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HBF680A8522D847918730137FAEC8FFC", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Pay increase for members of the Armed Forces serving deployments in excess of 180 days \n(a) Extended deployment pay increase \nA member of the Armed Forces who completes a period of 180 days of continuous duty on deployment away from the permanent station of the member or, in the case of a member of a reserve component of the Armed Forces, the home of record of the member, is entitled to an increase in the rate of basic pay in the amount of $1000 for each month thereafter during which the member continues such deployment. Once a member has satisfied the continuous duty requirement with respect to a deployment, the member is not required to resatisfy the continuous duty requirement for the same deployment despite any break thereafter in the continuity of the deployment due to authorized leave or other absence. (b) Retroactive application \nDuty performed in connection with a deployment underway as of the date of the enactment of this Act, but commenced before such date, shall be counted toward the 180-day period specified in subsection (a). In the case of a member who completed the required period of continuous duty before the date of the enactment of this Act, the entitlement to the increase in basic pay shall take effect on the first day of the first month beginning after the date of the enactment of this Act.", "id": "HDFE4C92862C749F2B83556CB1573216C", "header": "Pay increase for members of the Armed Forces serving deployments in excess of 180 days", "nested": [ { "text": "(a) Extended deployment pay increase \nA member of the Armed Forces who completes a period of 180 days of continuous duty on deployment away from the permanent station of the member or, in the case of a member of a reserve component of the Armed Forces, the home of record of the member, is entitled to an increase in the rate of basic pay in the amount of $1000 for each month thereafter during which the member continues such deployment. Once a member has satisfied the continuous duty requirement with respect to a deployment, the member is not required to resatisfy the continuous duty requirement for the same deployment despite any break thereafter in the continuity of the deployment due to authorized leave or other absence.", "id": "HF7D33676729A4B918622163F5BB4C6B2", "header": "Extended deployment pay increase", "nested": [], "links": [] }, { "text": "(b) Retroactive application \nDuty performed in connection with a deployment underway as of the date of the enactment of this Act, but commenced before such date, shall be counted toward the 180-day period specified in subsection (a). In the case of a member who completed the required period of continuous duty before the date of the enactment of this Act, the entitlement to the increase in basic pay shall take effect on the first day of the first month beginning after the date of the enactment of this Act.", "id": "HA141876EBCD3447A9FDBD2BBA887596D", "header": "Retroactive application", "nested": [], "links": [] } ], "links": [] } ]

[ "Armed Services Committee" ]

[ { "text": "1. Name of department of veterans affairs outpatient clinic, peoria, illinois \nThe Department of Veterans Affairs outpatient clinic located in Peoria, Illinois, shall after the date of the enactment of this Act be known and designated as the Bob Michel Department of Veterans Affairs Outpatient Clinic. Any reference to such outpatient clinic in any law, regulation, map, document, record, or other paper of the United States shall be considered to be a reference to the Bob Michel Department of Veterans Affairs Outpatient Clinic.", "id": "H2C120F12C4AE4B49A74D3B193F652C6C", "header": "Name of department of veterans affairs outpatient clinic, peoria, illinois", "nested": [], "links": [] } ]

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

[ { "text": "1. Gordon Wood Post Office Building \n(a) Designation \nThe facility of the United States Postal Service located at 115 South Swenson Street in Stamford, Texas, shall be known and designated as the Gordon Wood 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 Gordon Wood Post Office Building.", "id": "H368921F7F6B54BA3A16FF800DA34B2E4", "header": "Gordon Wood Post Office Building", "nested": [ { "text": "(a) Designation \nThe facility of the United States Postal Service located at 115 South Swenson Street in Stamford, Texas, shall be known and designated as the Gordon Wood Post Office Building.", "id": "H5507971A84BC4B938FC98F87B1DB1F7D", "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 Gordon Wood Post Office Building.", "id": "HF7469795D36E485A87D4167B4641BF69", "header": "References", "nested": [], "links": [] } ], "links": [] } ]

[ "Oversight and Accountability Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Flight 587 Accountability Act.", "id": "HA6B0A12EB75B4C588448B66C772DA682", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Information in flight manuals \nThe Administrator of the Federal Aviation Administration shall require each manufacturer of aircraft to list any information in the limitation section of each flight manual that may affect the safe operation of an aircraft.", "id": "HE7E48800A5BF4A878B6F89C4CF35A7AF", "header": "Information in flight manuals", "nested": [], "links": [] }, { "text": "3. Dispute resolution \nExcept in cases in which an adjudicatory resolution is sought, the Administrator of the Federal Aviation Administration shall resolve a dispute between an aircraft manufacturer and an aircraft operator that arises regarding the safe operation of an aircraft.", "id": "HE63C6CC323794D10A05B28AEDFEC02C5", "header": "Dispute resolution", "nested": [], "links": [] }, { "text": "4. Implementation of safety recommendations \nNot later than 90 days after the date of enactment of this Act, the Government Accountability Office shall conduct a study to review the effectiveness and timeliness of the Federal Aviation Administration in implementing recommendations made by the National Transportation Safety Board.", "id": "HDF56273023584E6897B03D00CF05204B", "header": "Implementation of safety recommendations", "nested": [], "links": [] } ]

[ "Transportation and Infrastructure Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H4D5ADA10D8EE4D568FB0D02E5E00EF43", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Foreign government \nTitle VII of the Communications Act of 1934 ( 47 U.S.C. 601 et seq. ) is amended by adding at the end thereof the following: 715. Limitations on foreign government ownership \n(a) Prohibition \nNotwithstanding any other provision of this Act or any other law to the contrary, no license, permit, or operating authority under this Act may be granted to or held by a corporation, joint venture, partnership, other business organization, trust, or other entity after the date of enactment of the , if that corporation, joint venture, partnership, other business organization, trust, or other entity is directly or indirectly controlled by a foreign government or its representative, as determined under subsection (c). (b) Prohibition is absolute \nThe Commission may not waive the application of subsection (a) under any other authority granted to the Commission under this or any other Act or under any Commission order or rule. (c) Test of control \nA corporation, joint venture, partnership, other business organization, trust, or other entity shall be considered to be directly or indirectly controlled by a foreign government or its representatives if— (1) more than 25 percent of the ownership, voting rights, capital stock, or other interest in that corporation or other entity is owned, held, or controlled, directly or indirectly, by a foreign government or its representatives; (2) a foreign government or its representatives has the authority to approve or disapprove the appointment or employment of any officer of the corporation, joint venture, partnership, other business organization, trust, or other entity; or (3) a foreign government or its representative has the authority to exercise control over such corporation, joint venture, partnership, other business organization, trust, or other entity in any other manner. (d) Representatives \nA representative of a foreign government shall include any person or entity that acts on the instruction of a foreign government. (e) Enforcement \nThe Commission shall— (1) revoke any license, permit, or operating authority held in violation of subsection (a) ; and (2) auction or otherwise reassign any such license, permit, or operating authority revoked under paragraph (1) within 90 days after it is revoked. (f) Transition period \nNotwithstanding subsection (e) , the Commission may not commence enforcement action under that subsection against a corporation, joint venture, partnership, other business organization, trust, or other entity to which this section applies for 6 months following the date of enactment of the..", "id": "H3283BAFF95554A57942EFBF3009BF1C7", "header": "Foreign government", "nested": [], "links": [ { "text": "47 U.S.C. 601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/47/601" } ] }, { "text": "715. Limitations on foreign government ownership \n(a) Prohibition \nNotwithstanding any other provision of this Act or any other law to the contrary, no license, permit, or operating authority under this Act may be granted to or held by a corporation, joint venture, partnership, other business organization, trust, or other entity after the date of enactment of the , if that corporation, joint venture, partnership, other business organization, trust, or other entity is directly or indirectly controlled by a foreign government or its representative, as determined under subsection (c). (b) Prohibition is absolute \nThe Commission may not waive the application of subsection (a) under any other authority granted to the Commission under this or any other Act or under any Commission order or rule. (c) Test of control \nA corporation, joint venture, partnership, other business organization, trust, or other entity shall be considered to be directly or indirectly controlled by a foreign government or its representatives if— (1) more than 25 percent of the ownership, voting rights, capital stock, or other interest in that corporation or other entity is owned, held, or controlled, directly or indirectly, by a foreign government or its representatives; (2) a foreign government or its representatives has the authority to approve or disapprove the appointment or employment of any officer of the corporation, joint venture, partnership, other business organization, trust, or other entity; or (3) a foreign government or its representative has the authority to exercise control over such corporation, joint venture, partnership, other business organization, trust, or other entity in any other manner. (d) Representatives \nA representative of a foreign government shall include any person or entity that acts on the instruction of a foreign government. (e) Enforcement \nThe Commission shall— (1) revoke any license, permit, or operating authority held in violation of subsection (a) ; and (2) auction or otherwise reassign any such license, permit, or operating authority revoked under paragraph (1) within 90 days after it is revoked. (f) Transition period \nNotwithstanding subsection (e) , the Commission may not commence enforcement action under that subsection against a corporation, joint venture, partnership, other business organization, trust, or other entity to which this section applies for 6 months following the date of enactment of the.", "id": "HFB491F779BE5489886CB7F5278F36939", "header": "Limitations on foreign government ownership", "nested": [ { "text": "(a) Prohibition \nNotwithstanding any other provision of this Act or any other law to the contrary, no license, permit, or operating authority under this Act may be granted to or held by a corporation, joint venture, partnership, other business organization, trust, or other entity after the date of enactment of the , if that corporation, joint venture, partnership, other business organization, trust, or other entity is directly or indirectly controlled by a foreign government or its representative, as determined under subsection (c).", "id": "H3B5CACA09B5445C895BC074B30FDA2F8", "header": "Prohibition", "nested": [], "links": [] }, { "text": "(b) Prohibition is absolute \nThe Commission may not waive the application of subsection (a) under any other authority granted to the Commission under this or any other Act or under any Commission order or rule.", "id": "H85BE817760C449CA89B88F3489E37592", "header": "Prohibition is absolute", "nested": [], "links": [] }, { "text": "(c) Test of control \nA corporation, joint venture, partnership, other business organization, trust, or other entity shall be considered to be directly or indirectly controlled by a foreign government or its representatives if— (1) more than 25 percent of the ownership, voting rights, capital stock, or other interest in that corporation or other entity is owned, held, or controlled, directly or indirectly, by a foreign government or its representatives; (2) a foreign government or its representatives has the authority to approve or disapprove the appointment or employment of any officer of the corporation, joint venture, partnership, other business organization, trust, or other entity; or (3) a foreign government or its representative has the authority to exercise control over such corporation, joint venture, partnership, other business organization, trust, or other entity in any other manner.", "id": "H3EDD67B059CB4F1C9740B5C96E87114E", "header": "Test of control", "nested": [], "links": [] }, { "text": "(d) Representatives \nA representative of a foreign government shall include any person or entity that acts on the instruction of a foreign government.", "id": "H8DE72478370F442EA23E21102E9F005F", "header": "Representatives", "nested": [], "links": [] }, { "text": "(e) Enforcement \nThe Commission shall— (1) revoke any license, permit, or operating authority held in violation of subsection (a) ; and (2) auction or otherwise reassign any such license, permit, or operating authority revoked under paragraph (1) within 90 days after it is revoked.", "id": "H41CBD796C5D64D08B579B2AD00B922BD", "header": "Enforcement", "nested": [], "links": [] }, { "text": "(f) Transition period \nNotwithstanding subsection (e) , the Commission may not commence enforcement action under that subsection against a corporation, joint venture, partnership, other business organization, trust, or other entity to which this section applies for 6 months following the date of enactment of the.", "id": "H1468A6BB7C3C4222B78BB73899283ED4", "header": "Transition period", "nested": [], "links": [] } ], "links": [] } ]

[ "Energy and Commerce Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Public Good IRA Rollover Act.", "id": "H9C97057FF3C342C29C8B1C4C50B987FA", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Tax-free distributions from individual retirement accounts for charitable purposes \n(a) In general \nSubsection (d) of section 408 of the Internal Revenue Code of 1986 (relating to individual retirement accounts) is amended by adding at the end the following new paragraph: (8) Distributions for charitable purposes \n(A) In general \nNo amount shall be includible in gross income by reason of a qualified charitable distribution. (B) Qualified charitable distribution \nFor purposes of this paragraph, the term qualified charitable distribution means any distribution from an individual retirement account— (i) which is made directly by the trustee— (I) to an organization described in section 170(c), or (II) to a split-interest entity, and (ii) which is made on or after the date that the individual for whose benefit the account is maintained has attained— (I) in the case of any distribution described in clause (i)(I), age 70 1/2 , and (II) in the case of any distribution described in clause (i)(II), age 59 1/2. A distribution shall be treated as a qualified charitable distribution only to the extent that the distribution would be includible in gross income without regard to subparagraph (A) and, in the case of a distribution to a split-interest entity, only if no person holds an income interest in the amounts in the split-interest entity attributable to such distribution other than one or more of the following: the individual for whose benefit such account is maintained, the spouse of such individual, or any organization described in section 170(c). (C) Contributions must be otherwise deductible \nFor purposes of this paragraph— (i) Direct contributions \nA distribution to an organization described in section 170(c) shall be treated as a qualified charitable distribution only if a deduction for the entire distribution would be allowable under section 170 (determined without regard to subsection (b) thereof and this paragraph). (ii) Split-interest gifts \nA distribution to a split-interest entity shall be treated as a qualified charitable distribution only if a deduction for the entire value of the interest in the distribution for the use of an organization described in section 170(c) would be allowable under section 170 (determined without regard to subsection (b) thereof and this paragraph). (D) Application of Section 72 \nNotwithstanding section 72, in determining the extent to which a distribution is a qualified charitable distribution, the entire amount of the distribution shall be treated as includible in gross income without regard to subparagraph (A) to the extent that such amount does not exceed the aggregate amount which would be so includible if all amounts were distributed from all individual retirement accounts otherwise taken into account in determining the inclusion on such distribution under section 72. Proper adjustments shall be made in applying section 72 to other distributions in such taxable year and subsequent taxable years. (E) Special rules for split-interest entities \n(i) Charitable remainder trusts \nNotwithstanding section 664(b), distributions made from a trust described in subparagraph (G)(i) shall be treated as ordinary income in the hands of the beneficiary to whom is paid the annuity described in section 664(d)(1)(A) or the payment described in section 664(d)(2)(A). (ii) Pooled income funds \nNo amount shall be includible in the gross income of a pooled income fund (as defined in subparagraph (G)(ii)) by reason of a qualified charitable distribution to such fund, and all distributions from the fund which are attributable to qualified charitable distributions shall be treated as ordinary income to the beneficiary. (iii) Charitable gift annuities \nQualified charitable distributions made for a charitable gift annuity shall not be treated as an investment in the contract. (F) Denial of deduction \nQualified charitable distributions shall not be taken into account in determining the deduction under section 170. (G) Split-interest entity defined \nFor purposes of this paragraph, the term split-interest entity means— (i) a charitable remainder annuity trust or a charitable remainder unitrust (as such terms are defined in section 664(d)) which must be funded exclusively by qualified charitable distributions, (ii) a pooled income fund (as defined in section 642(c)(5)), but only if the fund accounts separately for amounts attributable to qualified charitable distributions, and (iii) a charitable gift annuity (as defined in section 501(m)(5)).. (b) Effective date \nThe amendment made by this section shall apply to taxable years beginning after December 31, 2003.", "id": "H41BDC029A90E452888102CB79DB53C35", "header": "Tax-free distributions from individual retirement accounts for charitable purposes", "nested": [ { "text": "(a) In general \nSubsection (d) of section 408 of the Internal Revenue Code of 1986 (relating to individual retirement accounts) is amended by adding at the end the following new paragraph: (8) Distributions for charitable purposes \n(A) In general \nNo amount shall be includible in gross income by reason of a qualified charitable distribution. (B) Qualified charitable distribution \nFor purposes of this paragraph, the term qualified charitable distribution means any distribution from an individual retirement account— (i) which is made directly by the trustee— (I) to an organization described in section 170(c), or (II) to a split-interest entity, and (ii) which is made on or after the date that the individual for whose benefit the account is maintained has attained— (I) in the case of any distribution described in clause (i)(I), age 70 1/2 , and (II) in the case of any distribution described in clause (i)(II), age 59 1/2. A distribution shall be treated as a qualified charitable distribution only to the extent that the distribution would be includible in gross income without regard to subparagraph (A) and, in the case of a distribution to a split-interest entity, only if no person holds an income interest in the amounts in the split-interest entity attributable to such distribution other than one or more of the following: the individual for whose benefit such account is maintained, the spouse of such individual, or any organization described in section 170(c). (C) Contributions must be otherwise deductible \nFor purposes of this paragraph— (i) Direct contributions \nA distribution to an organization described in section 170(c) shall be treated as a qualified charitable distribution only if a deduction for the entire distribution would be allowable under section 170 (determined without regard to subsection (b) thereof and this paragraph). (ii) Split-interest gifts \nA distribution to a split-interest entity shall be treated as a qualified charitable distribution only if a deduction for the entire value of the interest in the distribution for the use of an organization described in section 170(c) would be allowable under section 170 (determined without regard to subsection (b) thereof and this paragraph). (D) Application of Section 72 \nNotwithstanding section 72, in determining the extent to which a distribution is a qualified charitable distribution, the entire amount of the distribution shall be treated as includible in gross income without regard to subparagraph (A) to the extent that such amount does not exceed the aggregate amount which would be so includible if all amounts were distributed from all individual retirement accounts otherwise taken into account in determining the inclusion on such distribution under section 72. Proper adjustments shall be made in applying section 72 to other distributions in such taxable year and subsequent taxable years. (E) Special rules for split-interest entities \n(i) Charitable remainder trusts \nNotwithstanding section 664(b), distributions made from a trust described in subparagraph (G)(i) shall be treated as ordinary income in the hands of the beneficiary to whom is paid the annuity described in section 664(d)(1)(A) or the payment described in section 664(d)(2)(A). (ii) Pooled income funds \nNo amount shall be includible in the gross income of a pooled income fund (as defined in subparagraph (G)(ii)) by reason of a qualified charitable distribution to such fund, and all distributions from the fund which are attributable to qualified charitable distributions shall be treated as ordinary income to the beneficiary. (iii) Charitable gift annuities \nQualified charitable distributions made for a charitable gift annuity shall not be treated as an investment in the contract. (F) Denial of deduction \nQualified charitable distributions shall not be taken into account in determining the deduction under section 170. (G) Split-interest entity defined \nFor purposes of this paragraph, the term split-interest entity means— (i) a charitable remainder annuity trust or a charitable remainder unitrust (as such terms are defined in section 664(d)) which must be funded exclusively by qualified charitable distributions, (ii) a pooled income fund (as defined in section 642(c)(5)), but only if the fund accounts separately for amounts attributable to qualified charitable distributions, and (iii) a charitable gift annuity (as defined in section 501(m)(5))..", "id": "HE5630B0934EE4EBB8665AD197E143007", "header": "In general", "nested": [], "links": [ { "text": "section 408", "legal-doc": "usc", "parsable-cite": "usc/26/408" } ] }, { "text": "(b) Effective date \nThe amendment made by this section shall apply to taxable years beginning after December 31, 2003.", "id": "H06DAB023AED642F3B017E8DD87DF14D2", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "section 408", "legal-doc": "usc", "parsable-cite": "usc/26/408" } ] } ]

[ "Ways and Means Committee" ]

[ { "text": "1. Border Patrol unit for Virgin Islands \nNot later than September 30, 2005, the Secretary of Homeland Security shall establish at least one Border Patrol unit for the Virgin Islands of the United States.", "id": "H80F40CA8DB6F49EBB9ABA2478C6F5F89", "header": "Border Patrol unit for Virgin Islands", "nested": [], "links": [] } ]

[ "Judiciary Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HD47C00D1D582426FA276ED72C8AAB6C8", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Computation of benefits under Survivor Benefit Plan for surviving spouses over age 62 \n(a) Phased increase in basic annuity \n(1) Standard annuity \n(A) Increase to 55 percent \nClause (i) of subsection (a)(1)(B) of section 1451 of title 10, United States Code, is amended by striking 35 percent of the base amount. and inserting the product of the base amount and the percent applicable to the month, as follows: (I) For a month before October 2005, the applicable percent is 35 percent. (II) For months after September 2005 and before October 2008, the applicable percent is 40 percent. (III) For months after September 2008 and before October 2014, the applicable percent is 45 percent. (IV) For months after September 2014, the applicable percent is 55 percent.. (B) Coordination with savings provision under prior law \nClause (ii) of such subsection is amended by striking , at the time the beneficiary becomes entitled to the annuity,. (2) Reserve-component annuity \nSubsection (a)(2)(B)(i)(I) of such section is amended by striking 35 percent and inserting the percent specified under subsection (a)(1)(B)(i) as being applicable for the month. (3) Survivors of eligible persons dying on active duty, etc \n(A) Increase to 55 percent \nClause (i) of subsection (c)(1)(B) of such section is amended— (i) by striking 35 percent and inserting the applicable percent ; and (ii) by adding at the end the following: The percent applicable for a month under the preceding sentence is the percent specified under subsection (a)(1)(B)(i) as being applicable for that month.. (B) Coordination with savings provision under prior law \nClause (ii) of such subsection is amended by striking , at the time the beneficiary becomes entitled to the annuity,. (4) Clerical amendment \nThe heading for subsection (d)(2)(A) of such section is amended to read as follows: Computation of annuity.—. (b) Corresponding phased elimination of supplemental annuity \n(1) Phased reduction of supplemental annuity \nSection 1457(b) of title 10, United States Code, is amended— (A) by striking 5, 10, 15, or 20 percent and inserting the applicable percent ; and (B) by inserting after the first sentence the following: The percent used for the computation shall be an even multiple of 5 percent and, whatever the percent specified in the election, may not exceed 20 percent for months before October 2005, 15 percent for months during fiscal years 2006, 2007, and 2008, and 10 percent for months during fiscal years 2009 through 2014.. (2) Repeal upon implementation of 55 percent sbp annuity \nEffective on October 1, 2014, chapter 73 of such title is amended— (A) by striking subchapter III; and (B) by striking the item relating to subchapter III in the table of subchapters at the beginning of that chapter. (c) Recomputation of annuities \n(1) Periodic recomputation required \nEffective on the first day of each month specified in paragraph (2)— (A) each annuity under section 1450 of title 10, United States Code, that commenced before that month, is computed under a provision of section 1451 of that title amended by subsection (a), and is payable for that month shall be recomputed so as to be equal to the amount that would be in effect if the percent applicable for that month under that provision, as so amended, had been used for the initial computation of the annuity; and (B) each supplemental survivor annuity under section 1457 of such title that commenced before that month and is payable for that month shall be recomputed so as to be equal to the amount that would be in effect if the percent applicable for that month under that section, as amended by this section, had been used for the initial computation of the supplemental survivor annuity. (2) Time for recomputation \nThe requirement under paragraph (1) for recomputation of certain annuities applies with respect to the following months: (A) October 2005. (B) October 2008. (C) October 2014. (d) Recomputation of retired pay reductions for supplemental survivor annuities \nThe Secretary of Defense shall take such actions as are necessitated by the amendments made by subsection (b) and the requirements of subsection (c)(1)(B) to ensure that the reductions in retired pay under section 1460 of title 10, United States Code, are adjusted to achieve the objectives set forth in subsection (b) of that section.", "id": "H1CE864E4B0E1462A00345B9730743F86", "header": "Computation of benefits under Survivor Benefit Plan for surviving spouses over age 62", "nested": [ { "text": "(a) Phased increase in basic annuity \n(1) Standard annuity \n(A) Increase to 55 percent \nClause (i) of subsection (a)(1)(B) of section 1451 of title 10, United States Code, is amended by striking 35 percent of the base amount. and inserting the product of the base amount and the percent applicable to the month, as follows: (I) For a month before October 2005, the applicable percent is 35 percent. (II) For months after September 2005 and before October 2008, the applicable percent is 40 percent. (III) For months after September 2008 and before October 2014, the applicable percent is 45 percent. (IV) For months after September 2014, the applicable percent is 55 percent.. (B) Coordination with savings provision under prior law \nClause (ii) of such subsection is amended by striking , at the time the beneficiary becomes entitled to the annuity,. (2) Reserve-component annuity \nSubsection (a)(2)(B)(i)(I) of such section is amended by striking 35 percent and inserting the percent specified under subsection (a)(1)(B)(i) as being applicable for the month. (3) Survivors of eligible persons dying on active duty, etc \n(A) Increase to 55 percent \nClause (i) of subsection (c)(1)(B) of such section is amended— (i) by striking 35 percent and inserting the applicable percent ; and (ii) by adding at the end the following: The percent applicable for a month under the preceding sentence is the percent specified under subsection (a)(1)(B)(i) as being applicable for that month.. (B) Coordination with savings provision under prior law \nClause (ii) of such subsection is amended by striking , at the time the beneficiary becomes entitled to the annuity,. (4) Clerical amendment \nThe heading for subsection (d)(2)(A) of such section is amended to read as follows: Computation of annuity.—.", "id": "H771AA7D0261E4526B388E2C4EDFD364D", "header": "Phased increase in basic annuity", "nested": [], "links": [ { "text": "section 1451", "legal-doc": "usc", "parsable-cite": "usc/10/1451" } ] }, { "text": "(b) Corresponding phased elimination of supplemental annuity \n(1) Phased reduction of supplemental annuity \nSection 1457(b) of title 10, United States Code, is amended— (A) by striking 5, 10, 15, or 20 percent and inserting the applicable percent ; and (B) by inserting after the first sentence the following: The percent used for the computation shall be an even multiple of 5 percent and, whatever the percent specified in the election, may not exceed 20 percent for months before October 2005, 15 percent for months during fiscal years 2006, 2007, and 2008, and 10 percent for months during fiscal years 2009 through 2014.. (2) Repeal upon implementation of 55 percent sbp annuity \nEffective on October 1, 2014, chapter 73 of such title is amended— (A) by striking subchapter III; and (B) by striking the item relating to subchapter III in the table of subchapters at the beginning of that chapter.", "id": "H19C4D483BA9F4ADE9452C4D05557ED", "header": "Corresponding phased elimination of supplemental annuity", "nested": [], "links": [ { "text": "Section 1457(b)", "legal-doc": "usc", "parsable-cite": "usc/10/1457" } ] }, { "text": "(c) Recomputation of annuities \n(1) Periodic recomputation required \nEffective on the first day of each month specified in paragraph (2)— (A) each annuity under section 1450 of title 10, United States Code, that commenced before that month, is computed under a provision of section 1451 of that title amended by subsection (a), and is payable for that month shall be recomputed so as to be equal to the amount that would be in effect if the percent applicable for that month under that provision, as so amended, had been used for the initial computation of the annuity; and (B) each supplemental survivor annuity under section 1457 of such title that commenced before that month and is payable for that month shall be recomputed so as to be equal to the amount that would be in effect if the percent applicable for that month under that section, as amended by this section, had been used for the initial computation of the supplemental survivor annuity. (2) Time for recomputation \nThe requirement under paragraph (1) for recomputation of certain annuities applies with respect to the following months: (A) October 2005. (B) October 2008. (C) October 2014.", "id": "H91485879F0354EE6812D514B376FC218", "header": "Recomputation of annuities", "nested": [], "links": [ { "text": "section 1450", "legal-doc": "usc", "parsable-cite": "usc/10/1450" } ] }, { "text": "(d) Recomputation of retired pay reductions for supplemental survivor annuities \nThe Secretary of Defense shall take such actions as are necessitated by the amendments made by subsection (b) and the requirements of subsection (c)(1)(B) to ensure that the reductions in retired pay under section 1460 of title 10, United States Code, are adjusted to achieve the objectives set forth in subsection (b) of that section.", "id": "HC5A793EDEEFE444AA12EFEAD66DDEEF2", "header": "Recomputation of retired pay reductions for supplemental survivor annuities", "nested": [], "links": [ { "text": "section 1460", "legal-doc": "usc", "parsable-cite": "usc/10/1460" } ] } ], "links": [ { "text": "section 1451", "legal-doc": "usc", "parsable-cite": "usc/10/1451" }, { "text": "Section 1457(b)", "legal-doc": "usc", "parsable-cite": "usc/10/1457" }, { "text": "section 1450", "legal-doc": "usc", "parsable-cite": "usc/10/1450" }, { "text": "section 1460", "legal-doc": "usc", "parsable-cite": "usc/10/1460" } ] }, { "text": "3. Open enrollment period for Survivor Benefit Plan commencing October 1, 2005 \n(a) Persons not currently participating in Survivor Benefit Plan \n(1) Election of sbp coverage \nAn eligible retired or former member may elect to participate in the Survivor Benefit Plan under subchapter II of chapter 73 of title 10, United States Code, during the open enrollment period specified in subsection (f). (2) Election of supplemental annuity coverage \nAn eligible retired or former member who elects under paragraph (1) to participate in the Survivor Benefit Plan at the maximum level may also elect during the open enrollment period to participate in the Supplemental Survivor Benefit Plan established under subchapter III of chapter 73 of title 10, United States Code. (3) Eligible retired or former member \nFor purposes of paragraphs (1) and (2), an eligible retired or former member is a member or former member of the uniformed services who on the day before the first day of the open enrollment period is not a participant in the Survivor Benefit Plan and— (A) is entitled to retired pay; or (B) would be entitled to retired pay under chapter 1223 of title 10, United States Code, but for the fact that such member or former member is under 60 years of age. (4) Status under sbp of persons making elections \n(A) Standard annuity \nA person making an election under paragraph (1) by reason of eligibility under paragraph (3)(A) shall be treated for all purposes as providing a standard annuity under the Survivor Benefit Plan. (B) Reserve-component annuity \nA person making an election under paragraph (1) by reason of eligibility under paragraph (3)(B) shall be treated for all purposes as providing a reserve-component annuity under the Survivor Benefit Plan. (b) Election to increase coverage under SBP \nA person who on the day before the first day of the open enrollment period is a participant in the Survivor Benefit Plan but is not participating at the maximum base amount or is providing coverage under the Plan for a dependent child and not for the person’s spouse or former spouse may, during the open enrollment period, elect to— (1) participate in the Plan at a higher base amount (not in excess of the participant’s retired pay); or (2) provide annuity coverage under the Plan for the person’s spouse or former spouse at a base amount not less than the base amount provided for the dependent child. (c) Election for current SBP participants to participate in supplemental SBP \n(1) Election \nA person who is eligible to make an election under this paragraph may elect during the open enrollment period to participate in the Supplemental Survivor Benefit Plan established under subchapter III of chapter 73 of title 10, United States Code. (2) Persons eligible \nExcept as provided in paragraph (3), a person is eligible to make an election under paragraph (1) if on the day before the first day of the open enrollment period the person is a participant in the Survivor Benefit Plan at the maximum level, or during the open enrollment period the person increases the level of such participation to the maximum level under subsection (b) of this section, and under that Plan is providing annuity coverage for the person’s spouse or a former spouse. (3) Limitation on eligibility for certain sbp participants not affected by two-tier annuity Computation \nA person is not eligible to make an election under paragraph (1) if (as determined by the Secretary concerned) the annuity of a spouse or former spouse beneficiary of that person under the Survivor Benefit Plan will be computed under section 1451(e) of title 10, United States Code. However, such a person may during the open enrollment period waive the right to have that annuity computed under such section. Any such election is irrevocable. A person making such a waiver may make an election under paragraph (1) as in the case of any other participant in the Survivor Benefit Plan. (d) Manner of making elections \nAn election under this section must be made in writing, signed by the person making the election, and received by the Secretary concerned before the end of the open enrollment period. Any such election shall be made subject to the same conditions, and with the same opportunities for designation of beneficiaries and specification of base amount, that apply under the Survivor Benefit Plan or the Supplemental Survivor Benefit Plan, as the case may be. A person making an election under subsection (a) to provide a reserve-component annuity shall make a designation described in section 1448(e) of title 10, United States Code. (e) Effective date for elections \nAny such election shall be effective as of the first day of the first calendar month following the month in which the election is received by the Secretary concerned. (f) Open enrollment period defined \nThe open enrollment period is the one-year period beginning on October 1, 2005. (g) Effect of death of person making election within two years of making election \nIf a person making an election under this section dies before the end of the two-year period beginning on the effective date of the election, the election is void and the amount of any reduction in retired pay of the person that is attributable to the election shall be paid in a lump sum to the person who would have been the deceased person’s beneficiary under the voided election if the deceased person had died after the end of such two-year period. (h) Applicability of certain provisions of law \nThe provisions of sections 1449, 1453, and 1454 of title 10, United States Code, are applicable to a person making an election, and to an election, under this section in the same manner as if the election were made under the Survivor Benefit Plan or the Supplemental Survivor Benefit Plan, as the case may be. (i) Additional premium \nThe Secretary of Defense may require that the premium for a person making an election under subsection (a)(1) or (b) include, in addition to the amount required under section 1452(a) of title 10, United States Code, an amount determined under regulations prescribed by the Secretary of Defense for the purposes of this subsection. Any such amount shall be stated as a percentage of the base amount of the person making the election and shall reflect the number of years that have elapsed since the person retired, but may not exceed 4.5 percent of that person’s base amount. (j) Report concerning open season \nNot later than July 1, 2005, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the open season authorized by this section for the Survivor Benefit Plan. The report shall include the following: (1) A description of the Secretary’s plans for implementation of the open season. (2) The Secretary’s estimates of the costs associated with the open season, including any anticipated effect of the open season on the actuarial status of the Department of Defense Military Retirement Fund. (3) Any recommendation by the Secretary for further legislative action.", "id": "H3C9100AC53D841FAB5AB3FE9A5F5BAEC", "header": "Open enrollment period for Survivor Benefit Plan commencing October 1, 2005", "nested": [ { "text": "(a) Persons not currently participating in Survivor Benefit Plan \n(1) Election of sbp coverage \nAn eligible retired or former member may elect to participate in the Survivor Benefit Plan under subchapter II of chapter 73 of title 10, United States Code, during the open enrollment period specified in subsection (f). (2) Election of supplemental annuity coverage \nAn eligible retired or former member who elects under paragraph (1) to participate in the Survivor Benefit Plan at the maximum level may also elect during the open enrollment period to participate in the Supplemental Survivor Benefit Plan established under subchapter III of chapter 73 of title 10, United States Code. (3) Eligible retired or former member \nFor purposes of paragraphs (1) and (2), an eligible retired or former member is a member or former member of the uniformed services who on the day before the first day of the open enrollment period is not a participant in the Survivor Benefit Plan and— (A) is entitled to retired pay; or (B) would be entitled to retired pay under chapter 1223 of title 10, United States Code, but for the fact that such member or former member is under 60 years of age. (4) Status under sbp of persons making elections \n(A) Standard annuity \nA person making an election under paragraph (1) by reason of eligibility under paragraph (3)(A) shall be treated for all purposes as providing a standard annuity under the Survivor Benefit Plan. (B) Reserve-component annuity \nA person making an election under paragraph (1) by reason of eligibility under paragraph (3)(B) shall be treated for all purposes as providing a reserve-component annuity under the Survivor Benefit Plan.", "id": "H8DF5EBD1AB4343C2A3B57015CC15B1D", "header": "Persons not currently participating in Survivor Benefit Plan", "nested": [], "links": [ { "text": "chapter 73", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/73" }, { "text": "chapter 73", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/73" }, { "text": "chapter 1223", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/1223" } ] }, { "text": "(b) Election to increase coverage under SBP \nA person who on the day before the first day of the open enrollment period is a participant in the Survivor Benefit Plan but is not participating at the maximum base amount or is providing coverage under the Plan for a dependent child and not for the person’s spouse or former spouse may, during the open enrollment period, elect to— (1) participate in the Plan at a higher base amount (not in excess of the participant’s retired pay); or (2) provide annuity coverage under the Plan for the person’s spouse or former spouse at a base amount not less than the base amount provided for the dependent child.", "id": "HB6670818F2E8483D00A96E3C998B5B01", "header": "Election to increase coverage under SBP", "nested": [], "links": [] }, { "text": "(c) Election for current SBP participants to participate in supplemental SBP \n(1) Election \nA person who is eligible to make an election under this paragraph may elect during the open enrollment period to participate in the Supplemental Survivor Benefit Plan established under subchapter III of chapter 73 of title 10, United States Code. (2) Persons eligible \nExcept as provided in paragraph (3), a person is eligible to make an election under paragraph (1) if on the day before the first day of the open enrollment period the person is a participant in the Survivor Benefit Plan at the maximum level, or during the open enrollment period the person increases the level of such participation to the maximum level under subsection (b) of this section, and under that Plan is providing annuity coverage for the person’s spouse or a former spouse. (3) Limitation on eligibility for certain sbp participants not affected by two-tier annuity Computation \nA person is not eligible to make an election under paragraph (1) if (as determined by the Secretary concerned) the annuity of a spouse or former spouse beneficiary of that person under the Survivor Benefit Plan will be computed under section 1451(e) of title 10, United States Code. However, such a person may during the open enrollment period waive the right to have that annuity computed under such section. Any such election is irrevocable. A person making such a waiver may make an election under paragraph (1) as in the case of any other participant in the Survivor Benefit Plan.", "id": "H5AAD9FDF08104E03B4D283062BD38D03", "header": "Election for current SBP participants to participate in supplemental SBP", "nested": [], "links": [ { "text": "chapter 73", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/73" }, { "text": "section 1451(e)", "legal-doc": "usc", "parsable-cite": "usc/10/1451" } ] }, { "text": "(d) Manner of making elections \nAn election under this section must be made in writing, signed by the person making the election, and received by the Secretary concerned before the end of the open enrollment period. Any such election shall be made subject to the same conditions, and with the same opportunities for designation of beneficiaries and specification of base amount, that apply under the Survivor Benefit Plan or the Supplemental Survivor Benefit Plan, as the case may be. A person making an election under subsection (a) to provide a reserve-component annuity shall make a designation described in section 1448(e) of title 10, United States Code.", "id": "H5642EFC9FBB44B36B3F965FB7085434C", "header": "Manner of making elections", "nested": [], "links": [ { "text": "section 1448(e)", "legal-doc": "usc", "parsable-cite": "usc/10/1448" } ] }, { "text": "(e) Effective date for elections \nAny such election shall be effective as of the first day of the first calendar month following the month in which the election is received by the Secretary concerned.", "id": "HF07880AE160D4A4E8B34FAE9746FB300", "header": "Effective date for elections", "nested": [], "links": [] }, { "text": "(f) Open enrollment period defined \nThe open enrollment period is the one-year period beginning on October 1, 2005.", "id": "H628DA68B44EF47DF85B0C0751000074", "header": "Open enrollment period defined", "nested": [], "links": [] }, { "text": "(g) Effect of death of person making election within two years of making election \nIf a person making an election under this section dies before the end of the two-year period beginning on the effective date of the election, the election is void and the amount of any reduction in retired pay of the person that is attributable to the election shall be paid in a lump sum to the person who would have been the deceased person’s beneficiary under the voided election if the deceased person had died after the end of such two-year period.", "id": "HBFD47C05D99241F6902FBBE5BC01926", "header": "Effect of death of person making election within two years of making election", "nested": [], "links": [] }, { "text": "(h) Applicability of certain provisions of law \nThe provisions of sections 1449, 1453, and 1454 of title 10, United States Code, are applicable to a person making an election, and to an election, under this section in the same manner as if the election were made under the Survivor Benefit Plan or the Supplemental Survivor Benefit Plan, as the case may be.", "id": "H1B33160D94A243AFB2C4A7F31E8D295", "header": "Applicability of certain provisions of law", "nested": [], "links": [] }, { "text": "(i) Additional premium \nThe Secretary of Defense may require that the premium for a person making an election under subsection (a)(1) or (b) include, in addition to the amount required under section 1452(a) of title 10, United States Code, an amount determined under regulations prescribed by the Secretary of Defense for the purposes of this subsection. Any such amount shall be stated as a percentage of the base amount of the person making the election and shall reflect the number of years that have elapsed since the person retired, but may not exceed 4.5 percent of that person’s base amount.", "id": "H8E189CF207BB48B4A1B7CE7E4498BA77", "header": "Additional premium", "nested": [], "links": [ { "text": "section 1452(a)", "legal-doc": "usc", "parsable-cite": "usc/10/1452" } ] }, { "text": "(j) Report concerning open season \nNot later than July 1, 2005, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the open season authorized by this section for the Survivor Benefit Plan. The report shall include the following: (1) A description of the Secretary’s plans for implementation of the open season. (2) The Secretary’s estimates of the costs associated with the open season, including any anticipated effect of the open season on the actuarial status of the Department of Defense Military Retirement Fund. (3) Any recommendation by the Secretary for further legislative action.", "id": "H77E586B280E94A94AE9E74E7AEDEA41C", "header": "Report concerning open season", "nested": [], "links": [] } ], "links": [ { "text": "chapter 73", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/73" }, { "text": "chapter 73", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/73" }, { "text": "chapter 1223", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/1223" }, { "text": "chapter 73", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/73" }, { "text": "section 1451(e)", "legal-doc": "usc", "parsable-cite": "usc/10/1451" }, { "text": "section 1448(e)", "legal-doc": "usc", "parsable-cite": "usc/10/1448" }, { "text": "section 1452(a)", "legal-doc": "usc", "parsable-cite": "usc/10/1452" } ] } ]

[ "Armed Services Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Llagas Reclamation Groundwater Remediation Initiative.", "id": "H2905F7A44463483DBE8CFF672BDFB62D", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definitions \nFor the purposes of this Act: (1) Groundwater remediation \nThe term groundwater remediation means actions that are necessary to prevent, minimize, or mitigate damage to groundwater. (2) Local water authority \nThe term local water authority means the Santa Clara Valley Water District. (3) Remediation fund \nThe term Remediation Fund means the California Basins Groundwater Remediation Fund established pursuant to section 3(a). (4) Secretary \nThe term Secretary means the Secretary of the Interior.", "id": "H30DAF2F88052483CACD01497B17BF920", "header": "Definitions", "nested": [], "links": [] }, { "text": "3. California basins remediation \n(a) California basins remediation \n(1) Establishment of remediation fund \nThere shall be established within the Treasury of the United States an interest bearing account to be known as the California Basins Groundwater Remediation Fund. (2) Administration of remediation fund \nThe Remediation Fund shall be administered by the Secretary of the Interior, acting through the Bureau of Reclamation. The Secretary shall administer the Remediation Fund in cooperation with the local water authority. (3) Purposes of remediation fund \n(A) In general \nSubject to subparagraph (B), the amounts in the Remediation Fund, including interest accrued, shall be used by the Secretary to provide grants to the local water authority to reimburse the local water authority for the Federal share of the costs associated with designing and constructing groundwater remediation projects to be administered by the local water authority. (B) Cost-sharing limitation \n(i) In general \nThe Secretary may not obligate any funds appropriated to the Remediation Fund in a fiscal year until the Secretary has deposited into the Remediation Fund an amount provided by non-Federal interests sufficient to ensure that at least 35 percent of any funds obligated by the Secretary for a project are from funds provided to the Secretary for that project by the non-Federal interests. (ii) Non-Federal responsibility \nEach local water authority shall be responsible for providing the non-Federal amount required by clause (i) for projects under that local water authority. The State of California, local government agencies, and private entities may provide all or any portion of the non-Federal amount. (iii) Credits toward non-Federal share \nFor purposes of clause (ii), the Secretary shall credit the appropriate local water authority with the value of all prior expenditures by non-Federal interests made after January 1, 2000, that are compatible with the purposes of this section, including— (I) all expenditures made by non-Federal interests to design and construct groundwater remediation projects, including expenditures associated with environmental analyses and public involvement activities that were required to implement the groundwater remediation projects in compliance with applicable Federal and State laws; and (II) all expenditures made by non-Federal interests to acquire lands, easements, rights-of-way, relocations, disposal areas, and water rights that were required to implement a groundwater remediation project. (b) Compliance with applicable law \nIn carrying out the activities described in this section, the Secretary shall comply with any applicable Federal and State laws. (c) Relationship to other activities \nNothing in this section shall be construed to affect other Federal or State authorities that are being used or may be used to facilitate remediation and protection of the Llagas groundwater subbasin. In carrying out the activities described in this section, the Secretary shall integrate such activities with ongoing Federal and State projects and activities. None of the funds made available for such activities pursuant to this section shall be counted against any Federal authorization ceiling established for any previously authorized Federal projects or activities. (d) Authorization of appropriations \nThere is authorized to be appropriated to the Remediation Fund $25,000,000. Such funds shall remain available until expended.", "id": "HB96F3133A2374395901461E0C006521", "header": "California basins remediation", "nested": [ { "text": "(a) California basins remediation \n(1) Establishment of remediation fund \nThere shall be established within the Treasury of the United States an interest bearing account to be known as the California Basins Groundwater Remediation Fund. (2) Administration of remediation fund \nThe Remediation Fund shall be administered by the Secretary of the Interior, acting through the Bureau of Reclamation. The Secretary shall administer the Remediation Fund in cooperation with the local water authority. (3) Purposes of remediation fund \n(A) In general \nSubject to subparagraph (B), the amounts in the Remediation Fund, including interest accrued, shall be used by the Secretary to provide grants to the local water authority to reimburse the local water authority for the Federal share of the costs associated with designing and constructing groundwater remediation projects to be administered by the local water authority. (B) Cost-sharing limitation \n(i) In general \nThe Secretary may not obligate any funds appropriated to the Remediation Fund in a fiscal year until the Secretary has deposited into the Remediation Fund an amount provided by non-Federal interests sufficient to ensure that at least 35 percent of any funds obligated by the Secretary for a project are from funds provided to the Secretary for that project by the non-Federal interests. (ii) Non-Federal responsibility \nEach local water authority shall be responsible for providing the non-Federal amount required by clause (i) for projects under that local water authority. The State of California, local government agencies, and private entities may provide all or any portion of the non-Federal amount. (iii) Credits toward non-Federal share \nFor purposes of clause (ii), the Secretary shall credit the appropriate local water authority with the value of all prior expenditures by non-Federal interests made after January 1, 2000, that are compatible with the purposes of this section, including— (I) all expenditures made by non-Federal interests to design and construct groundwater remediation projects, including expenditures associated with environmental analyses and public involvement activities that were required to implement the groundwater remediation projects in compliance with applicable Federal and State laws; and (II) all expenditures made by non-Federal interests to acquire lands, easements, rights-of-way, relocations, disposal areas, and water rights that were required to implement a groundwater remediation project.", "id": "H7456927C051D4919B9B5ED30D035A800", "header": " California basins remediation", "nested": [], "links": [] }, { "text": "(b) Compliance with applicable law \nIn carrying out the activities described in this section, the Secretary shall comply with any applicable Federal and State laws.", "id": "H3208335D003446199BF301343CF805D3", "header": "Compliance with applicable law", "nested": [], "links": [] }, { "text": "(c) Relationship to other activities \nNothing in this section shall be construed to affect other Federal or State authorities that are being used or may be used to facilitate remediation and protection of the Llagas groundwater subbasin. In carrying out the activities described in this section, the Secretary shall integrate such activities with ongoing Federal and State projects and activities. None of the funds made available for such activities pursuant to this section shall be counted against any Federal authorization ceiling established for any previously authorized Federal projects or activities.", "id": "H310E362359794F74B570B5EEAB4D5149", "header": "Relationship to other activities", "nested": [], "links": [] }, { "text": "(d) Authorization of appropriations \nThere is authorized to be appropriated to the Remediation Fund $25,000,000. Such funds shall remain available until expended.", "id": "HA77D06ABA4594DF99174005F019F5B1F", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] } ]

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

[ { "text": "1. Short title \nThis section may be cited as the Mary McLeod Bethune Council House National Historic Site Boundary Adjustment Act.", "id": "H2498BE94C6624475AADEBC00E74D2047", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Boundary modification \nSection 2 of the Act entitled An Act to authorize the National Park Service to acquire and manage the Mary McLeod Bethune Council House National Historic Site, and for other purposes , approved December 11, 1991 (105 Stat. 1652), is amended— (1) by inserting (a) before The Secretary ; and (2) by adding after subsection (a) (as so designated by paragraph 1 of this section) the following new subsection: (b) The Secretary may acquire, with the consent of the owner thereof, by donation or by purchase with donated or appropriated funds, the abutting property located at 1320 Vermont Avenue Northwest, Washington, District of Columbia, and generally depicted on the map entitled Mary McLead Bethune Council Proposed Boundary Adjustment , numbered 021/80,006, and dated February 2004, to be used for visitor orientation, administrative purposes, archival storage, facilities for researchers, and accessibility for handicapped persons..", "id": "H3933D190C2AB4267AC51A7B99D762050", "header": "Boundary modification", "nested": [], "links": [] } ]

[ "Natural Resources Committee" ]

[ { "text": "1. Designation of Federal building \nThe Federal building located at 250 West Cherry Street in Carbondale, Illinois shall be known and designated as the Senator Paul Simon Federal Building.", "id": "H026AB27F647342A9ACC806578904A728", "header": "Designation of Federal building", "nested": [], "links": [] }, { "text": "2. References \nAny reference in a law, map, regulation, document, paper or other record of the United States to the Federal building referred to in section 1 shall be deemed to be a reference to the Senator Paul Simon Federal Building.", "id": "H1D30C646327A41DEAAE4AD3B45EB60D8", "header": "References", "nested": [], "links": [] } ]

[ "Transportation and Infrastructure Committee" ]

[ { "text": "1. Additional temporary extension of authorization of programs under the Small Business Act and the Small Business Investment Act of 1958 \nThe authorization for any program, authority, or provision, including any pilot program, that was extended through March 15, 2004, by section 1(a) of Public Law 108–172 is further extended through May 21, 2004, under the same terms and conditions.", "id": "HC25B5181DDF245669555705934D92695", "header": "Additional temporary extension of authorization of programs under the Small Business Act and the Small Business Investment Act of 1958", "nested": [], "links": [ { "text": "Public Law 108–172", "legal-doc": "public-law", "parsable-cite": "pl/108/172" } ] }, { "text": "2. Extension of certain fee authorizations \nSection 503(f) of the Small business Investment Act of 1958 ( 15 U.S.C. 697(f) ) is amended by striking October 1, 2003 and inserting September 30, 2004.", "id": "H20F3061E9E0E435B92085E2DA349F9C9", "header": "Extension of certain fee authorizations", "nested": [], "links": [ { "text": "15 U.S.C. 697(f)", "legal-doc": "usc", "parsable-cite": "usc/15/697" } ] } ]

[ "Small Business Committee" ]

[ { "text": "1. Repeal of Privacy Officer provision \nSection 522 of the Transportation, Treasury, Independent Agencies, and General Government Appropriations Act, 2005 (division H of the Consolidated Appropriations Act, 2005), is hereby repealed.", "id": "HCE28490A608945A895D19E9791913BAD", "header": "Repeal of Privacy Officer provision", "nested": [], "links": [] } ]

[ "Oversight and Accountability Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H68523E14429C41189332D80050729FF7", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Extension of the Temporary Assistance for Needy Families block grant program through June 30, 2004 \n(a) In general \nActivities authorized by part A of title IV of the Social Security Act (except section 403(a)(2) of such Act, as in effect during fiscal year 2002), and by sections 510, 1108(b), and 1925 of such Act, shall continue through June 30, 2004, in the manner authorized for fiscal year 2002, notwithstanding section 1902(e)(1)(A) of such Act, and out of any money in the Treasury of the United States not otherwise appropriated, there are hereby appropriated such sums as may be necessary for such purpose. Grants and payments may be made pursuant to this authority through the third quarter of fiscal year 2004 at the level provided for such activities through the third quarter of fiscal year 2002. (b) Conforming amendment \nSection 403(a)(3)(H)(ii) of the Social Security Act ( 42 U.S.C. 603(a)(3)(H)(ii) ) is amended by striking March 31 and inserting June 30.", "id": "H1C2D28C4AC9B4836AF67BDBA156CD6AF", "header": "Extension of the Temporary Assistance for Needy Families block grant program through June 30, 2004", "nested": [ { "text": "(a) In general \nActivities authorized by part A of title IV of the Social Security Act (except section 403(a)(2) of such Act, as in effect during fiscal year 2002), and by sections 510, 1108(b), and 1925 of such Act, shall continue through June 30, 2004, in the manner authorized for fiscal year 2002, notwithstanding section 1902(e)(1)(A) of such Act, and out of any money in the Treasury of the United States not otherwise appropriated, there are hereby appropriated such sums as may be necessary for such purpose. Grants and payments may be made pursuant to this authority through the third quarter of fiscal year 2004 at the level provided for such activities through the third quarter of fiscal year 2002.", "id": "H728B527F8D3F46B8AEB5E3E568F906BD", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Conforming amendment \nSection 403(a)(3)(H)(ii) of the Social Security Act ( 42 U.S.C. 603(a)(3)(H)(ii) ) is amended by striking March 31 and inserting June 30.", "id": "H9BBED812F9A24B65B4E4CA6BC2D3DE00", "header": "Conforming amendment", "nested": [], "links": [ { "text": "42 U.S.C. 603(a)(3)(H)(ii)", "legal-doc": "usc", "parsable-cite": "usc/42/603" } ] } ], "links": [ { "text": "42 U.S.C. 603(a)(3)(H)(ii)", "legal-doc": "usc", "parsable-cite": "usc/42/603" } ] }, { "text": "3. Extension of the national random sample study of child welfare and child welfare waiver authority through June 30, 2004 \nActivities authorized by sections 429A and 1130(a) of the Social Security Act shall continue through June 30, 2004, in the manner authorized for fiscal year 2002, and out of any money in the Treasury of the United States not otherwise appropriated, there are hereby appropriated such sums as may be necessary for such purpose. Grants and payments may be made pursuant to this authority through the third quarter of fiscal year 2004 at the level provided for such activities through the third quarter of fiscal year 2002.", "id": "HCE0B53452AF14CF785B1F87CE9EA2B19", "header": "Extension of the national random sample study of child welfare and child welfare waiver authority through June 30, 2004", "nested": [], "links": [] }, { "text": "4. Healthy marriage promotion grants; repeal of bonus for reduction of illegitimacy ratio \nSection 403(a)(2) of the Social Security Act ( 42 U.S.C. 603(a)(2) ) is amended to read as follows: (2) Healthy marriage promotion grants \n(A) Authority \nThe Secretary shall award competitive grants to States, territories, and tribal organizations for not more than 50 percent of the cost of developing and implementing innovative programs to promote and support healthy, married, 2-parent families. (B) Healthy marriage promotion activities \nFunds provided under subparagraph (A) shall be used to support any of the following programs or activities: (i) Public advertising campaigns on the value of marriage and the skills needed to increase marital stability and health. (ii) Education in high schools on the value of marriage, relationship skills, and budgeting. (iii) Marriage education, marriage skills, and relationship skills programs, that may include parenting skills, financial management, conflict resolution, and job and career advancement, for non-married pregnant women and non-married expectant fathers. (iv) Pre-marital education and marriage skills training for engaged couples and for couples or individuals interested in marriage. (v) Marriage enhancement and marriage skills training programs for married couples. (vi) Divorce reduction programs that teach relationship skills. (vii) Marriage mentoring programs which use married couples as role models and mentors in at-risk communities. (viii) Programs to reduce the disincentives to marriage in means-tested aid programs, if offered in conjunction with any activity described in this subparagraph. (C) Appropriation \nOut of any money in the Treasury of the United States not otherwise appropriated, there are appropriated for fiscal year 2004 $50,000,000 for grants under this paragraph..", "id": "HB2B6B4E529FC46F882E2BD980019A4AC", "header": "Healthy marriage promotion grants; repeal of bonus for reduction of illegitimacy ratio", "nested": [], "links": [ { "text": "42 U.S.C. 603(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/603" } ] }, { "text": "5. Secretary’s fund for research, demonstrations, and technical assistance \nSection 413 of the Social Security Act ( 42 U.S.C. 613 ) is amended by adding at the end the following: (k) Funding for research, demonstrations, and technical assistance \nOut of any money in the Treasury of the United States not otherwise appropriated, there are appropriated $50,000,000 for fiscal year 2004, which shall be available to the Secretary for the purpose of conducting and supporting research and demonstration projects by public or private entities, and providing technical assistance to States, Indian tribal organizations, and such other entities as the Secretary may specify that are receiving a grant under this part, which shall be expended primarily on activities described in section 403(a)(2)(B), and which shall be in addition to any other funds made available under this part..", "id": "HB42340D7A6D446FAB50202BFD589672B", "header": "Secretary’s fund for research, demonstrations, and technical assistance", "nested": [], "links": [ { "text": "42 U.S.C. 613", "legal-doc": "usc", "parsable-cite": "usc/42/613" } ] } ]

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

[ { "text": "1. Suspension of duty on Diresul Brown FS Liquid Crude \n(a) In General \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.35.07 Diresul Brown FS Liquid Crude (leuco sulfur dye) (provided for in subheading 3204.19.50) Free No change No change On or before 12/31/2008 (b) Effective Date \nThe amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "HED155D0C48E4454DA1DF244E8BD23CB6", "header": "Suspension of duty on Diresul Brown FS Liquid Crude", "nested": [ { "text": "(a) In General \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.35.07 Diresul Brown FS Liquid Crude (leuco sulfur dye) (provided for in subheading 3204.19.50) Free No change No change On or before 12/31/2008", "id": "H7BFA92C3CC694FA79305A824CFF144C0", "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": "H49D202886831472CB01D29B3A0B65161", "header": "Effective Date", "nested": [], "links": [] } ], "links": [] } ]

[ "Ways and Means Committee" ]

[ { "text": "1. Eva Holtzman Post Office \n(a) Designation \nThe facility of the United States Postal Service located at United States Route 1 in Ridgeway, North Carolina, shall be known and designated as the Eva Holtzman Post Office. (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 Eva Holtzman Post Office.", "id": "H981841148CF247F2B8EB1414FEB25C96", "header": "Eva Holtzman Post Office", "nested": [ { "text": "(a) Designation \nThe facility of the United States Postal Service located at United States Route 1 in Ridgeway, North Carolina, shall be known and designated as the Eva Holtzman Post Office.", "id": "H4BE0A076747849DD90CCDE50F66074A4", "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 Eva Holtzman Post Office.", "id": "HCDD29B75E572408AAF5BD45D089011A0", "header": "References", "nested": [], "links": [] } ], "links": [] } ]

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

[ { "text": "1. Short title \nThis Act may be cited as the Delaware Water Gap National Recreation Area Natural Gas Pipeline Enlargement Act.", "id": "H4442663F6ECC4B2AA200D08FA397CF65", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definitions \nIn this Act: (1) Corporation \nThe term Corporation means the Columbia Gas Transmission Corporation. (2) Pipeline \nThe term pipeline means that portion of the pipeline of the Corporation numbered 1278 that is— (A) located in the Recreation Area; and (B) situated on 2 tracts designated by the Corporation as ROW No. 16405 and No. 16414. (3) Recreation area \nThe term Recreation Area means the Delaware Water Gap National Recreation Area in the Commonwealth of Pennsylvania. (4) Secretary \nThe term Secretary means the Secretary of the Interior. (5) Superintendent \nThe term Superintendent means the Superintendent of the Recreation Area.", "id": "H1020633143BA4256B6DEA58CECFBD06", "header": "Definitions", "nested": [], "links": [] }, { "text": "3. Easement for expanded natural gas pipeline \n(a) In general \nThe Secretary may enter into an agreement with the Corporation to grant to the Corporation, for no consideration, an easement to enlarge the diameter of the pipeline from 14 inches to not more than 20 inches. (b) Terms and conditions \nThe easement authorized under subsection (a) shall— (1) be consistent with— (A) the recreational values of the Recreation Area; and (B) protection of the resources of the Recreation Area; (2) include provisions for the protection of resources in the Recreation Area that ensure that only the minimum and necessary amount of disturbance, as determined by the Secretary, shall occur during the construction or maintenance of the expanded pipeline; (3) be consistent with the laws (including regulations) and policies applicable to units of the National Park System; and (4) be subject to any other terms and conditions that the Secretary determines to be necessary. (c) Permits \n(1) In general \nThe Superintendent may issue a permit to the Corporation for the use of the Recreation Area in accordance with subsection (b) for the temporary construction and staging areas required for the construction of the enlarged pipeline. (2) Prior to issuance \nThe easement authorized under subsection (a) and the permit authorized under paragraph (1) shall require that before the Superintendent issues a permit for any clearing or construction, the Corporation shall— (A) consult with the Superintendent; (B) identify natural and cultural resources of the Recreation Area that may be damaged or lost because of the clearing or construction; and (C) submit to the Superintendent for approval a restoration and mitigation plan that— (i) describes how the land subject to the easement will be maintained; and (ii) includes a schedule for, and description of, the specific activities to be carried out by the Corporation to mitigate the damages or losses to, or restore, the natural and cultural resources of the Recreation Area identified under subparagraph (B). (d) Pipeline replacement requirements \nThe enlargement of the pipeline authorized under subsection (a) shall be considered to meet the pipeline replacement requirements required by the Research and Special Programs Administration of the Department of Transportation (CPF No. 1–2002–1004–H). (e) FERC consultation \nThe Corporation shall comply with all other requirements for certification by the Federal Energy Regulatory Commission that are necessary to permit the increase in pipeline size. (f) Limitation \nThe Secretary shall not grant any additional increases in the diameter of, or easements for, the pipeline within the boundary of the Recreation Area after the date of enactment of this Act. (g) Effect on right-of-way easement \nNothing in this Act increases the 50-foot right-of-way easement for the pipeline. (h) Penalties \nOn request of the Secretary, the Attorney General may bring a civil action against the Corporation in United States district court to recover damages and response costs under Public Law 101–337 ( 16 U.S.C. 19jj et seq. ) or any other applicable law if— (1) the Corporation— (A) violates a provision of— (i) an easement authorized under subsection (a); or (ii) a permit issued under subsection (c); or (B) fails to submit or timely implement a restoration and mitigation plan approved under subsection (c)(3); and (2) the violation or failure destroys, results in the loss of, or injures any park system resource (as defined in section 1 of Public Law 101–337 ( 16 U.S.C. 19jj )).", "id": "H8BA338081DE748D0A39F41C11C37FA8", "header": "Easement for expanded natural gas pipeline", "nested": [ { "text": "(a) In general \nThe Secretary may enter into an agreement with the Corporation to grant to the Corporation, for no consideration, an easement to enlarge the diameter of the pipeline from 14 inches to not more than 20 inches.", "id": "H158E1943BB6A473388EEA203EE92C057", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Terms and conditions \nThe easement authorized under subsection (a) shall— (1) be consistent with— (A) the recreational values of the Recreation Area; and (B) protection of the resources of the Recreation Area; (2) include provisions for the protection of resources in the Recreation Area that ensure that only the minimum and necessary amount of disturbance, as determined by the Secretary, shall occur during the construction or maintenance of the expanded pipeline; (3) be consistent with the laws (including regulations) and policies applicable to units of the National Park System; and (4) be subject to any other terms and conditions that the Secretary determines to be necessary.", "id": "H2E497CDE04064D2FB51BFBCA119ECF5", "header": "Terms and conditions", "nested": [], "links": [] }, { "text": "(c) Permits \n(1) In general \nThe Superintendent may issue a permit to the Corporation for the use of the Recreation Area in accordance with subsection (b) for the temporary construction and staging areas required for the construction of the enlarged pipeline. (2) Prior to issuance \nThe easement authorized under subsection (a) and the permit authorized under paragraph (1) shall require that before the Superintendent issues a permit for any clearing or construction, the Corporation shall— (A) consult with the Superintendent; (B) identify natural and cultural resources of the Recreation Area that may be damaged or lost because of the clearing or construction; and (C) submit to the Superintendent for approval a restoration and mitigation plan that— (i) describes how the land subject to the easement will be maintained; and (ii) includes a schedule for, and description of, the specific activities to be carried out by the Corporation to mitigate the damages or losses to, or restore, the natural and cultural resources of the Recreation Area identified under subparagraph (B).", "id": "HD2211D8FA5B04E6E9EDB5B1264C523E3", "header": "Permits", "nested": [], "links": [] }, { "text": "(d) Pipeline replacement requirements \nThe enlargement of the pipeline authorized under subsection (a) shall be considered to meet the pipeline replacement requirements required by the Research and Special Programs Administration of the Department of Transportation (CPF No. 1–2002–1004–H).", "id": "H0ED660384E3E4FE59D00434C9FA818A4", "header": "Pipeline replacement requirements", "nested": [], "links": [] }, { "text": "(e) FERC consultation \nThe Corporation shall comply with all other requirements for certification by the Federal Energy Regulatory Commission that are necessary to permit the increase in pipeline size.", "id": "HBA8EBB57FB2541559DC244EADC56D7A7", "header": "FERC consultation", "nested": [], "links": [] }, { "text": "(f) Limitation \nThe Secretary shall not grant any additional increases in the diameter of, or easements for, the pipeline within the boundary of the Recreation Area after the date of enactment of this Act.", "id": "H07A2F6303EF144F69181A50009167079", "header": "Limitation", "nested": [], "links": [] }, { "text": "(g) Effect on right-of-way easement \nNothing in this Act increases the 50-foot right-of-way easement for the pipeline.", "id": "H93DC6E75B48147D5ACC202DB01244CC", "header": "Effect on right-of-way easement", "nested": [], "links": [] }, { "text": "(h) Penalties \nOn request of the Secretary, the Attorney General may bring a civil action against the Corporation in United States district court to recover damages and response costs under Public Law 101–337 ( 16 U.S.C. 19jj et seq. ) or any other applicable law if— (1) the Corporation— (A) violates a provision of— (i) an easement authorized under subsection (a); or (ii) a permit issued under subsection (c); or (B) fails to submit or timely implement a restoration and mitigation plan approved under subsection (c)(3); and (2) the violation or failure destroys, results in the loss of, or injures any park system resource (as defined in section 1 of Public Law 101–337 ( 16 U.S.C. 19jj )).", "id": "HD8B9060185B241A7BD36F566A4C628A4", "header": "Penalties", "nested": [], "links": [ { "text": "Public Law 101–337", "legal-doc": "public-law", "parsable-cite": "pl/101/337" }, { "text": "16 U.S.C. 19jj et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/19jj" }, { "text": "Public Law 101–337", "legal-doc": "public-law", "parsable-cite": "pl/101/337" }, { "text": "16 U.S.C. 19jj", "legal-doc": "usc", "parsable-cite": "usc/16/19jj" } ] } ], "links": [ { "text": "Public Law 101–337", "legal-doc": "public-law", "parsable-cite": "pl/101/337" }, { "text": "16 U.S.C. 19jj et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/19jj" }, { "text": "Public Law 101–337", "legal-doc": "public-law", "parsable-cite": "pl/101/337" }, { "text": "16 U.S.C. 19jj", "legal-doc": "usc", "parsable-cite": "usc/16/19jj" } ] } ]

[ "Natural Resources Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Play Fair at the Olympics Act.", "id": "H552E388C476347BA9B679124F02788EA", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Labor standards and observance \n(a) Labor standards and observance \nSubchapter I of chapter 2205 of title 36, United States Code, is amended by adding at the end the following new section: 220513. Labor standards and observance \nThe corporation shall— (1) require, as a condition of a licensing agreement, that a company licensed by the corporation, including a subcontractor or supplier of such company— (A) observe internationally recognized worker rights; and (B) submit to arbitration for the resolution of an allegation of a violation of such rights that is alleged to have occurred in such company, or in a subcontractor or supplier of such company; (2) include the following language in licensing agreements with companies to which the corporation is a party: The licensee agrees not to take any action to prevent employees of the licensee from exercising their internationally recognized worker rights or to interfere with, coerce, or restrain employees in the exercise of such rights. The licensee further agrees to observe applicable domestic laws and International Labor Organization declarations and conventions relating to internationally recognized worker rights, including rights relating to the freedom of association and to collective bargaining, a minimum age for employment of children, minimum wages and maximum hours of work, occupational health and safety standards, and prohibitions against forced labor and workplace discrimination. The licensee further agrees to submit to arbitration for the resolution of an allegation of a violation of internationally recognized worker rights that is alleged to have occurred in such licensee. For purposes of this licensing agreement, the term licensee includes a subcontractor or supplier of the licensee. ; (3) publish quarterly the names of all companies, including subcontractors and suppliers of such companies, that produce goods pursuant to licensing agreements with the corporation; (4) establish a fund to which one percent of all fees earned pursuant to licensing agreements with companies to which the corporation is a party shall be contributed for the creation and maintenance of an independent body to expeditiously investigate and, if necessary, to expeditiously arbitrate, allegations of violations of internationally recognized worker rights that are alleged to have occurred in such companies, or in subcontractors or suppliers of such companies; and (5) cancel a licensing agreement with a company if such company, or a subcontractor or supplier of such company, violates an arbitration ruling made pursuant to paragraph (4) against such company, or against a subcontractor or supplier of such company, relating to a violation of internationally recognized worker rights.. (b) Definitions \nSection 220501(b) of such title is amended— (1) by redesignating paragraphs (6) through (8) as paragraphs (7) through (9) respectively; and (2) by inserting after paragraph (5) the following new paragraph: (6) internationally recognized worker rights means the rights of workers specified in International Labor Organization declarations and conventions, including the Declaration on Fundamental Principles and Rights at Work, including— (A) the freedom of association and the right to collective bargaining; (B) the elimination of forced and compulsory labor; (C) the abolition of child labor; (D) the elimination of discrimination in the workplace; and (E) the establishment of and adherence to— (i) a minimum age for employment of children; (ii) minimum wages and maximum hours of work; and (iii) occupational health and safety standards.. (c) Effective date \nThe amendment made by this section shall apply to licensing agreements with companies that are entered into by the United States Olympic Committee on or after the date that is 30 days after the date of the enactment of this Act. (d) Clerical amendment to table of sections \nThe table of sections at the beginning of such subchapter is amended by adding at the end the following new item: 220513. Labor standards and observance.", "id": "HA10758CF42B3436ABD44B561998D3258", "header": "Labor standards and observance", "nested": [ { "text": "(a) Labor standards and observance \nSubchapter I of chapter 2205 of title 36, United States Code, is amended by adding at the end the following new section: 220513. Labor standards and observance \nThe corporation shall— (1) require, as a condition of a licensing agreement, that a company licensed by the corporation, including a subcontractor or supplier of such company— (A) observe internationally recognized worker rights; and (B) submit to arbitration for the resolution of an allegation of a violation of such rights that is alleged to have occurred in such company, or in a subcontractor or supplier of such company; (2) include the following language in licensing agreements with companies to which the corporation is a party: The licensee agrees not to take any action to prevent employees of the licensee from exercising their internationally recognized worker rights or to interfere with, coerce, or restrain employees in the exercise of such rights. The licensee further agrees to observe applicable domestic laws and International Labor Organization declarations and conventions relating to internationally recognized worker rights, including rights relating to the freedom of association and to collective bargaining, a minimum age for employment of children, minimum wages and maximum hours of work, occupational health and safety standards, and prohibitions against forced labor and workplace discrimination. The licensee further agrees to submit to arbitration for the resolution of an allegation of a violation of internationally recognized worker rights that is alleged to have occurred in such licensee. For purposes of this licensing agreement, the term licensee includes a subcontractor or supplier of the licensee. ; (3) publish quarterly the names of all companies, including subcontractors and suppliers of such companies, that produce goods pursuant to licensing agreements with the corporation; (4) establish a fund to which one percent of all fees earned pursuant to licensing agreements with companies to which the corporation is a party shall be contributed for the creation and maintenance of an independent body to expeditiously investigate and, if necessary, to expeditiously arbitrate, allegations of violations of internationally recognized worker rights that are alleged to have occurred in such companies, or in subcontractors or suppliers of such companies; and (5) cancel a licensing agreement with a company if such company, or a subcontractor or supplier of such company, violates an arbitration ruling made pursuant to paragraph (4) against such company, or against a subcontractor or supplier of such company, relating to a violation of internationally recognized worker rights..", "id": "HBAB64785B5314C06BA1971C1CCA8B8F2", "header": "Labor standards and observance", "nested": [], "links": [ { "text": "chapter 2205", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/36/2205" } ] }, { "text": "(b) Definitions \nSection 220501(b) of such title is amended— (1) by redesignating paragraphs (6) through (8) as paragraphs (7) through (9) respectively; and (2) by inserting after paragraph (5) the following new paragraph: (6) internationally recognized worker rights means the rights of workers specified in International Labor Organization declarations and conventions, including the Declaration on Fundamental Principles and Rights at Work, including— (A) the freedom of association and the right to collective bargaining; (B) the elimination of forced and compulsory labor; (C) the abolition of child labor; (D) the elimination of discrimination in the workplace; and (E) the establishment of and adherence to— (i) a minimum age for employment of children; (ii) minimum wages and maximum hours of work; and (iii) occupational health and safety standards..", "id": "H8DA15D7EE9B847A88CC95B372FA4C3F", "header": "Definitions", "nested": [], "links": [] }, { "text": "(c) Effective date \nThe amendment made by this section shall apply to licensing agreements with companies that are entered into by the United States Olympic Committee on or after the date that is 30 days after the date of the enactment of this Act.", "id": "H07262674AE69406A89556588C912B73B", "header": "Effective date", "nested": [], "links": [] }, { "text": "(d) Clerical amendment to table of sections \nThe table of sections at the beginning of such subchapter is amended by adding at the end the following new item: 220513. Labor standards and observance.", "id": "H8E9CE61F600D45BBA10692AAAFEE00DC", "header": "Clerical amendment to table of sections", "nested": [], "links": [] } ], "links": [ { "text": "chapter 2205", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/36/2205" } ] }, { "text": "220513. Labor standards and observance \nThe corporation shall— (1) require, as a condition of a licensing agreement, that a company licensed by the corporation, including a subcontractor or supplier of such company— (A) observe internationally recognized worker rights; and (B) submit to arbitration for the resolution of an allegation of a violation of such rights that is alleged to have occurred in such company, or in a subcontractor or supplier of such company; (2) include the following language in licensing agreements with companies to which the corporation is a party: The licensee agrees not to take any action to prevent employees of the licensee from exercising their internationally recognized worker rights or to interfere with, coerce, or restrain employees in the exercise of such rights. The licensee further agrees to observe applicable domestic laws and International Labor Organization declarations and conventions relating to internationally recognized worker rights, including rights relating to the freedom of association and to collective bargaining, a minimum age for employment of children, minimum wages and maximum hours of work, occupational health and safety standards, and prohibitions against forced labor and workplace discrimination. The licensee further agrees to submit to arbitration for the resolution of an allegation of a violation of internationally recognized worker rights that is alleged to have occurred in such licensee. For purposes of this licensing agreement, the term licensee includes a subcontractor or supplier of the licensee. ; (3) publish quarterly the names of all companies, including subcontractors and suppliers of such companies, that produce goods pursuant to licensing agreements with the corporation; (4) establish a fund to which one percent of all fees earned pursuant to licensing agreements with companies to which the corporation is a party shall be contributed for the creation and maintenance of an independent body to expeditiously investigate and, if necessary, to expeditiously arbitrate, allegations of violations of internationally recognized worker rights that are alleged to have occurred in such companies, or in subcontractors or suppliers of such companies; and (5) cancel a licensing agreement with a company if such company, or a subcontractor or supplier of such company, violates an arbitration ruling made pursuant to paragraph (4) against such company, or against a subcontractor or supplier of such company, relating to a violation of internationally recognized worker rights.", "id": "HABCD43CC0CA9465284DDD4004990C8FD", "header": "Labor standards and observance", "nested": [], "links": [] } ]

[ "Judiciary Committee" ]

[ { "text": "1. Findings \nCongress finds the following: (1) The roles of the Department of Defense and the Department of Homeland Security, and the resources necessary for homeland defense, are still evolving. (2) The decision to conduct an additional round of base closures and realignments in 2005 was developed before the tragic events of September 11, 2001. (3) The long-term, costs, and personnel requirements of Operation Enduring Freedom, Operation Noble Eagle, and Operation Iraqi Freedom are still unknown. (4) Additional funds are necessary to adequately supply the Armed Forces for current missions, while expediting military transformation. (5) The Congress will not have the opportunity to thoroughly review and consider the policy decisions culminating in the Global Posture Review before decisions regarding the closure and realignment of military installations will be required in the 2005 round of base closures and realignments. (6) The expected costs of implementing and executing base closures and realignments recommended in the 2005 round is estimated at $15,000,000,000 and net savings from such base closures and realignments will not be realized until approximately 2011.", "id": "H9824BD78FEFA462B9500DC2577EB0619", "header": "Findings", "nested": [], "links": [] }, { "text": "2. Two-year postponement of 2005 base closure and realignment round \n(a) Submittal of recommendations regarding closure or realignment of military installations \nSection 2914 of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510 ; 10 U.S.C. 2687 note), as added by section 3003 of the National Defense Authorization Act for Fiscal Year 2002 ( Public Law 107–107 ; 115 Stat. 1345), is amended— (1) in the section heading, by striking 2005 and inserting 2007 ; and (2) in subsection (a), by striking May 16, 2005, and inserting May 16, 2007,. (b) Commission review and recommendations \nSubsection (d) of such section is amended— (1) in paragraphs (1) and (2), by striking September 8, 2005 both places it appears and inserting September 8, 2007 ; and (2) in paragraph (6)— (A) by striking in 2005 and inserting under this section ; and (B) by striking July 1, 2005 and inserting July 1, 2007. (c) Review by president and transmittal to Congress \nSubsection (e) of such section is amended— (1) in paragraph (1)— (A) by striking in 2005 and inserting under this section ; and (B) by striking September 23, 2005 and inserting September 23, 2007 ; (2) in paragraph (2), by striking October 20, 2005 and inserting October 20, 2007 ; and (3) in paragraph (3), by striking November 7, 2005 and inserting November 7, 2007. (d) Conforming amendments \n(1) Section 2904(a)(3) of the Defense Base Closure and Realignment Act of 1990 is amended by striking in the 2005 report and inserting in a report submitted after 2001. (2) Section 2906(e) of such Act is amended by striking 2005 and inserting 2007. (3) Section 2906A of such Act is amended— (A) in the section heading, by striking 2005 and inserting 2007 ; and (B) by striking 2005 each place it appears and inserting 2007. (4) Section 2912 of such Act is amended— (A) in the section heading, by striking 2005 and inserting 2007 ; (B) in subsection (a)(4), by striking fiscal year 2006 and inserting fiscal year 2008 ; (C) in subsections (b)(2) and (d), by striking in 2005 each place it appears and inserting under section 2914 ; (D) in subsection (d), by striking March 15, 2005 both places it appears and inserting March 15, 2007 ; (E) in subsection (d)(4), by striking calendar year 2005 and shall terminate on April 15, 2006 and inserting calendar year 2007 and shall terminate on April 15, 2008 ; and (F) in subsection (d)(5), by striking second session of the 108th Congress for the activities of the Commission in 2005 and inserting second session of the 109th Congress for the activities of the Commission under section 2914. (5) Section 2913 of such Act is amended— (A) in the section heading, by striking 2005 and inserting 2007 ; (B) by striking in 2005 each place it appears and inserting under section 2914 ; (C) in subsection (e), by striking March 15, 2004 and inserting March 15, 2006.", "id": "H865DF2779382434399DD93C5ACF5D225", "header": "Two-year postponement of 2005 base closure and realignment round", "nested": [ { "text": "(a) Submittal of recommendations regarding closure or realignment of military installations \nSection 2914 of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510 ; 10 U.S.C. 2687 note), as added by section 3003 of the National Defense Authorization Act for Fiscal Year 2002 ( Public Law 107–107 ; 115 Stat. 1345), is amended— (1) in the section heading, by striking 2005 and inserting 2007 ; and (2) in subsection (a), by striking May 16, 2005, and inserting May 16, 2007,.", "id": "H6275E6BFD9704CA5A35E618DE0C9600", "header": "Submittal of recommendations regarding closure or realignment of military installations", "nested": [], "links": [ { "text": "Public Law 101–510", "legal-doc": "public-law", "parsable-cite": "pl/101/510" }, { "text": "10 U.S.C. 2687", "legal-doc": "usc", "parsable-cite": "usc/10/2687" }, { "text": "Public Law 107–107", "legal-doc": "public-law", "parsable-cite": "pl/107/107" } ] }, { "text": "(b) Commission review and recommendations \nSubsection (d) of such section is amended— (1) in paragraphs (1) and (2), by striking September 8, 2005 both places it appears and inserting September 8, 2007 ; and (2) in paragraph (6)— (A) by striking in 2005 and inserting under this section ; and (B) by striking July 1, 2005 and inserting July 1, 2007.", "id": "H766AA572C065418CB076C2118C09D466", "header": "Commission review and recommendations", "nested": [], "links": [] }, { "text": "(c) Review by president and transmittal to Congress \nSubsection (e) of such section is amended— (1) in paragraph (1)— (A) by striking in 2005 and inserting under this section ; and (B) by striking September 23, 2005 and inserting September 23, 2007 ; (2) in paragraph (2), by striking October 20, 2005 and inserting October 20, 2007 ; and (3) in paragraph (3), by striking November 7, 2005 and inserting November 7, 2007.", "id": "H43FB4C3A7A1B46789CF6DBF93B08566D", "header": "Review by president and transmittal to Congress", "nested": [], "links": [] }, { "text": "(d) Conforming amendments \n(1) Section 2904(a)(3) of the Defense Base Closure and Realignment Act of 1990 is amended by striking in the 2005 report and inserting in a report submitted after 2001. (2) Section 2906(e) of such Act is amended by striking 2005 and inserting 2007. (3) Section 2906A of such Act is amended— (A) in the section heading, by striking 2005 and inserting 2007 ; and (B) by striking 2005 each place it appears and inserting 2007. (4) Section 2912 of such Act is amended— (A) in the section heading, by striking 2005 and inserting 2007 ; (B) in subsection (a)(4), by striking fiscal year 2006 and inserting fiscal year 2008 ; (C) in subsections (b)(2) and (d), by striking in 2005 each place it appears and inserting under section 2914 ; (D) in subsection (d), by striking March 15, 2005 both places it appears and inserting March 15, 2007 ; (E) in subsection (d)(4), by striking calendar year 2005 and shall terminate on April 15, 2006 and inserting calendar year 2007 and shall terminate on April 15, 2008 ; and (F) in subsection (d)(5), by striking second session of the 108th Congress for the activities of the Commission in 2005 and inserting second session of the 109th Congress for the activities of the Commission under section 2914. (5) Section 2913 of such Act is amended— (A) in the section heading, by striking 2005 and inserting 2007 ; (B) by striking in 2005 each place it appears and inserting under section 2914 ; (C) in subsection (e), by striking March 15, 2004 and inserting March 15, 2006.", "id": "H72D8594C2FFC4525B32D644CA9685C2B", "header": "Conforming amendments", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 101–510", "legal-doc": "public-law", "parsable-cite": "pl/101/510" }, { "text": "10 U.S.C. 2687", "legal-doc": "usc", "parsable-cite": "usc/10/2687" }, { "text": "Public Law 107–107", "legal-doc": "public-law", "parsable-cite": "pl/107/107" } ] } ]

[ "Armed Services Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Montana National Forests Boundary Adjustment Act of 2004.", "id": "HFBF832C67E514446AAEFD4AB79F4CD25", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definitions \nIn this Act: (1) Forest \nThe term Forest means the Helena National Forest, Lolo National Forest, and Beaverhead-Deerlodge National Forest in the State of Montana. (2) Map \nThe term map means— (A) the map entitled Blackfoot Community Project Acquisition Proposed Adjustments, Helena National Forest Boundary and dated March 11, 2004; (B) the map entitled Blackfoot Community Project Acquisition Region One, Lolo National Forest Boundary and dated March 11, 2004; and (C) the map entitled Blackfoot Community Project Acquisition Proposed Adjustments, Beaverhead-Deerlodge National Forest Boundary Adjustment and dated March 11, 2004. (3) Secretary \nThe term Secretary means the Secretary of Agriculture.", "id": "H3C36C33C3D5045C99CA70625B2C7C4C3", "header": "Definitions", "nested": [], "links": [] }, { "text": "3. Helena, lolo, and beaverhead-deerlodge national forests boundary adjustment \n(a) In general \nThe boundaries of the Forests are modified as depicted on the maps. (b) Maps \n(1) Availability \nThe maps shall be on file and available for public inspection in— (A) the Office of the Chief of the Forest Service; and (B) the office of the Regional Forester, Missoula, Montana. (2) Correction authority \nThe Secretary may make technical corrections to the maps. (c) Administration \nAny land or interest in land acquired within the boundaries of the Forests for National Forest System purposes shall be managed in accordance with— (1) the Act of March 1, 1911 (commonly known as the Weeks Law ) ( 16 U.S.C. 480 et seq. ); and (2) the laws (including regulations) applicable to the National Forest System. (d) Land and water conservation fund \nFor purposes of section 7 of the Land and Water Conservation Fund Act of 1965 ( 16 U.S.C. 4601-9 ), the boundaries of the Forests, as adjusted under subsection (a), shall be considered to be the boundaries of the Forests as of January 1, 1965. (e) Effect \nNothing in this Act limits the authority of the Secretary to adjust the boundaries of the Forests under section 11 of the Act of March 1, 1911 ( 16 U.S.C. 521 ).", "id": "H7FAE7C9532204A9B9074266EC559ED47", "header": "Helena, lolo, and beaverhead-deerlodge national forests boundary adjustment", "nested": [ { "text": "(a) In general \nThe boundaries of the Forests are modified as depicted on the maps.", "id": "H6CB43E889ADD465D81FCBCA716D1C54", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Maps \n(1) Availability \nThe maps shall be on file and available for public inspection in— (A) the Office of the Chief of the Forest Service; and (B) the office of the Regional Forester, Missoula, Montana. (2) Correction authority \nThe Secretary may make technical corrections to the maps.", "id": "H0733A565B593499E9C568D37B191E3E4", "header": "Maps", "nested": [], "links": [] }, { "text": "(c) Administration \nAny land or interest in land acquired within the boundaries of the Forests for National Forest System purposes shall be managed in accordance with— (1) the Act of March 1, 1911 (commonly known as the Weeks Law ) ( 16 U.S.C. 480 et seq. ); and (2) the laws (including regulations) applicable to the National Forest System.", "id": "HF5D258D22DBE4154BCAD92764700B17D", "header": "Administration", "nested": [], "links": [ { "text": "16 U.S.C. 480 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/480" } ] }, { "text": "(d) Land and water conservation fund \nFor purposes of section 7 of the Land and Water Conservation Fund Act of 1965 ( 16 U.S.C. 4601-9 ), the boundaries of the Forests, as adjusted under subsection (a), shall be considered to be the boundaries of the Forests as of January 1, 1965.", "id": "H3E1EAF36E5FC44F1929C8D64F990FE2E", "header": "Land and water conservation fund", "nested": [], "links": [ { "text": "16 U.S.C. 4601-9", "legal-doc": "usc", "parsable-cite": "usc/16/4601-9" } ] }, { "text": "(e) Effect \nNothing in this Act limits the authority of the Secretary to adjust the boundaries of the Forests under section 11 of the Act of March 1, 1911 ( 16 U.S.C. 521 ).", "id": "H7695D957CE7E428D91373659D4857FD3", "header": "Effect", "nested": [], "links": [ { "text": "16 U.S.C. 521", "legal-doc": "usc", "parsable-cite": "usc/16/521" } ] } ], "links": [ { "text": "16 U.S.C. 480 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/480" }, { "text": "16 U.S.C. 4601-9", "legal-doc": "usc", "parsable-cite": "usc/16/4601-9" }, { "text": "16 U.S.C. 521", "legal-doc": "usc", "parsable-cite": "usc/16/521" } ] } ]

[ "Natural Resources Committee" ]

[ { "text": "1. District judgeship for the eastern district of California \n(a) Additional permanent district judgeship \nThe President shall appoint, by and with the advice and consent of the Senate, 1 additional district judge for the eastern district of California. (b) Technical and conforming amendment \nIn order that the table under section 133(a) of title 28, United States Code, will reflect the change in the number of permanent judgeships authorized for the eastern district of California by subsection (a), such table is amended in the item relating to the eastern district of California by striking 6 and inserting 7.", "id": "H9DBA95A434B54AB6BFFE44C3D1D5253", "header": "District judgeship for the eastern district of California", "nested": [ { "text": "(a) Additional permanent district judgeship \nThe President shall appoint, by and with the advice and consent of the Senate, 1 additional district judge for the eastern district of California.", "id": "H0163B99440E04E1BAC00B4F4D895CA89", "header": "Additional permanent district judgeship", "nested": [], "links": [] }, { "text": "(b) Technical and conforming amendment \nIn order that the table under section 133(a) of title 28, United States Code, will reflect the change in the number of permanent judgeships authorized for the eastern district of California by subsection (a), such table is amended in the item relating to the eastern district of California by striking 6 and inserting 7.", "id": "HB25DCCCA5D744E24842506056C18DCC3", "header": "Technical and conforming amendment", "nested": [], "links": [ { "text": "section 133(a)", "legal-doc": "usc", "parsable-cite": "usc/28/133" } ] } ], "links": [ { "text": "section 133(a)", "legal-doc": "usc", "parsable-cite": "usc/28/133" } ] } ]

[ "Judiciary Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H7155719297D54340BF17FC4BE1EB900", "header": "Short title", "nested": [], "links": [] }, { "text": "2. State legislative approval needed for gaming under certain compacts and exception \n(a) In general \nSection 11(d)(3) of the Indian Gaming Regulatory Act ( 25 U.S.C. 2710(d)(3) ) is amended by adding at the end the following new subparagraph: (D) Any Tribal-State compact approved after the date of the enactment of the shall not be valid unless approved by the Governor and the State legislature of the State with which the Tribal-State compact was negotiated. This subparagraph shall not apply to a Tribal-State compact that is a renewal or renegotiation of a Tribal-State compact that was in effect on the date of the enactment of the if the renewed or renegotiated Tribal-State compact does not include new terms or provisions which result in an expansion of the gaming operations covered by the Tribal-State compact that was in effect on the date of the enactment of the.. (b) Approval required for gaming under exception \n(1) In general \nSection 20(a) of the Indian Gaming Regulatory Act ( 25 U.S.C. 2719(a) ) is amended to read as follows: 20. (a) Gaming regulated by this Act shall not be conducted on lands acquired by the Secretary in trust for the benefit of an Indian tribe after October 17, 1988, unless the Secretary, after consultation with the Indian tribe and appropriate State and local officials, including officials of other nearby Indian tribes, determines that a gaming establishment on such land would be in the best interest of the Indian tribe and its members, and would not be detrimental to the communities in surrounding counties and parishes, but only if the Governor and legislature of the State in which the gaming activity is to be conducted concurs in the Secretary’s determination.. (2) Conforming amendments \nSection 20(b) of the Indian Gaming Regulatory Act ( 25 U.S.C. 2719(b) ) is amended— (A) by striking paragraph (1); (B) in paragraph (3), by striking paragraph (2)(B) and inserting paragraph (1)(B) ; and (C) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively.", "id": "H948CABDD7C4149EFA9619833E9D5369", "header": "State legislative approval needed for gaming under certain compacts and exception", "nested": [ { "text": "(a) In general \nSection 11(d)(3) of the Indian Gaming Regulatory Act ( 25 U.S.C. 2710(d)(3) ) is amended by adding at the end the following new subparagraph: (D) Any Tribal-State compact approved after the date of the enactment of the shall not be valid unless approved by the Governor and the State legislature of the State with which the Tribal-State compact was negotiated. This subparagraph shall not apply to a Tribal-State compact that is a renewal or renegotiation of a Tribal-State compact that was in effect on the date of the enactment of the if the renewed or renegotiated Tribal-State compact does not include new terms or provisions which result in an expansion of the gaming operations covered by the Tribal-State compact that was in effect on the date of the enactment of the..", "id": "H49B4299092804BA0AB004F4877FD187", "header": "In general", "nested": [], "links": [ { "text": "25 U.S.C. 2710(d)(3)", "legal-doc": "usc", "parsable-cite": "usc/25/2710" } ] }, { "text": "(b) Approval required for gaming under exception \n(1) In general \nSection 20(a) of the Indian Gaming Regulatory Act ( 25 U.S.C. 2719(a) ) is amended to read as follows: 20. (a) Gaming regulated by this Act shall not be conducted on lands acquired by the Secretary in trust for the benefit of an Indian tribe after October 17, 1988, unless the Secretary, after consultation with the Indian tribe and appropriate State and local officials, including officials of other nearby Indian tribes, determines that a gaming establishment on such land would be in the best interest of the Indian tribe and its members, and would not be detrimental to the communities in surrounding counties and parishes, but only if the Governor and legislature of the State in which the gaming activity is to be conducted concurs in the Secretary’s determination.. (2) Conforming amendments \nSection 20(b) of the Indian Gaming Regulatory Act ( 25 U.S.C. 2719(b) ) is amended— (A) by striking paragraph (1); (B) in paragraph (3), by striking paragraph (2)(B) and inserting paragraph (1)(B) ; and (C) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively.", "id": "HA1D2B20C64084A88A15BC1E584398B95", "header": "Approval required for gaming under exception", "nested": [], "links": [ { "text": "25 U.S.C. 2719(a)", "legal-doc": "usc", "parsable-cite": "usc/25/2719" }, { "text": "25 U.S.C. 2719(b)", "legal-doc": "usc", "parsable-cite": "usc/25/2719" } ] } ], "links": [ { "text": "25 U.S.C. 2710(d)(3)", "legal-doc": "usc", "parsable-cite": "usc/25/2710" }, { "text": "25 U.S.C. 2719(a)", "legal-doc": "usc", "parsable-cite": "usc/25/2719" }, { "text": "25 U.S.C. 2719(b)", "legal-doc": "usc", "parsable-cite": "usc/25/2719" } ] }, { "text": "20. (a) Gaming regulated by this Act shall not be conducted on lands acquired by the Secretary in trust for the benefit of an Indian tribe after October 17, 1988, unless the Secretary, after consultation with the Indian tribe and appropriate State and local officials, including officials of other nearby Indian tribes, determines that a gaming establishment on such land would be in the best interest of the Indian tribe and its members, and would not be detrimental to the communities in surrounding counties and parishes, but only if the Governor and legislature of the State in which the gaming activity is to be conducted concurs in the Secretary’s determination.", "id": "H33CC1F1D8A434FBA8783C7277D8DB458", "header": null, "nested": [ { "text": "(a) Gaming regulated by this Act shall not be conducted on lands acquired by the Secretary in trust for the benefit of an Indian tribe after October 17, 1988, unless the Secretary, after consultation with the Indian tribe and appropriate State and local officials, including officials of other nearby Indian tribes, determines that a gaming establishment on such land would be in the best interest of the Indian tribe and its members, and would not be detrimental to the communities in surrounding counties and parishes, but only if the Governor and legislature of the State in which the gaming activity is to be conducted concurs in the Secretary’s determination.", "id": "H6222EF6F47184D2F80D46F854B36A544", "header": null, "nested": [], "links": [] } ], "links": [] }, { "text": "3. Limit on number of parcels of land on which class III gaming may be conducted by an Indian tribe \nSection 11(d)(8)(A) of the Indian Gaming Regulatory Act ( 25 U.S.C. 2710(d)(8)(A) ) is amended by adding at the end the following: Notwithstanding the preceding sentence, after the date of the enactment of the , the Secretary shall not approve any Tribal-State compact that would result in an Indian tribe conducting class III gaming regulated under this Act on more than 1 parcel of land or, if an Indian tribe conducted class III gaming regulated under this Act under 1 or more valid, approved Tribal-State compacts on the date of the enactment of the , on the number of parcels of land on which the Indian tribe conducted such gaming on that date..", "id": "HA387C0D0E778433899E9D9B0AF778020", "header": "Limit on number of parcels of land on which class III gaming may be conducted by an Indian tribe", "nested": [], "links": [ { "text": "25 U.S.C. 2710(d)(8)(A)", "legal-doc": "usc", "parsable-cite": "usc/25/2710" } ] }, { "text": "4. Minimum requirements for Federal regulation \n(a) Establishment \nThe President shall establish an advisory committee to be known as the Advisory Committee on Minimum Regulatory Requirements and Licensing Standards for Indian Gaming (hereinafter referred to as the Advisory Committee ). (b) Members \n(1) In general \nThe Advisory Committee shall be composed of 8 members who shall be appointed by the President not later than 120 days after the date of the enactment of this Act, of which— (A) 3 members, selected from a list of recommendations submitted to the President by the chairperson and vice chairperson of the Committee on Indian Affairs of the Senate and the chairperson and ranking minority member of the Committee on Resources of the House of Representatives, shall be members of, and represent, Indian tribal governments involved in gaming covered under the Indian Gaming Regulatory Act; (B) 3 members, selected from a list of recommendations submitted to the President by the majority leader and the minority leader of the Senate and the Speaker and the minority leader of the House of Representatives, shall represent State governments involved in gaming covered under the Indian Gaming Regulatory Act, and shall have experience as State gaming regulators; and (C) 2 members shall be employees of the Department of Justice. (2) Vacancies \nAny vacancy on the Advisory Committee shall not affect its powers, but shall be filled in the same manner as the original appointment. (c) Recommendations for minimum Federal standards \n(1) In general \nNot later than 180 days after the date on which all initial members of the Advisory Committee have been appointed under subsection (b), the Advisory Committee shall develop and submit to the entities referred to in paragraph (2) recommendations for minimum Federal standards as described in subsection (d). (2) Recipients of recommendations \nThe Advisory Committee shall submit the recommendations required by paragraph (1) to the Committee on Indian Affairs of the Senate, the Committee on Resources of the House of Representatives, the National Indian Gaming Commission, and each federally recognized Indian tribe. (3) Factors for consideration \nThe minimum Federal standards recommended pursuant to this subsection— (A) may be developed taking into account industry standards existing at the time of the development of the standards; and (B) shall be developed taking into account— (i) the unique nature of tribal gaming as compared to non-Indian commercial, governmental, and charitable gaming; (ii) the broad variations in the scope and size of tribal gaming activity; and (iii) the inherent sovereign right of Indian tribes to regulate their own affairs. (d) Regulations \nUpon receipt of the recommendations of the Advisory Committee, the National Indian Gaming Commission shall hold public hearings on the recommendations. After the conclusion of the hearings, the Commission shall promulgate regulations establishing minimum Federal regulatory requirements substantially in accordance with the recommendations made by the Advisory Committee, taking into consideration public comment when appropriate. Such regulations shall include requirements for— (1) background investigations, licensing of persons, and licensing of gaming operations associated with the conduct or regulation of class II and class III gaming on Indian lands by tribal governments; and (2) the operation of class II and class III gaming activities on Indian lands, including— (A) surveillance and security personnel and systems capable of monitoring all gaming activities, including the conduct of games, cashiers’ cages, change booths, count rooms, movements of cash and chips, entrances and exits to gaming facilities, and other critical areas of any gaming facility; (B) procedures for the protection of the integrity of the rules for the play of games and controls related to such rules; (C) credit and debit collection controls; (D) controls over gambling devices and equipment; and (E) accounting and auditing. (e) Travel \nEach member of the Advisory Committee who is appointed under subparagraph (A) or (B) of subsection (b)(1) and who is not an officer or employee of the Federal Government or a government of a State shall be reimbursed for travel and per diem in lieu of subsistence expenses during the performance of duties of the Advisory Committee while away from the home or the regular place of business of that member, in accordance with subchapter I of chapter 57 of title 5, United States Code. (f) Termination \nThe Advisory Committee shall terminate 10 days after the Advisory Committee submits the recommendations under subsection (c). (g) Exemption from Federal Advisory Committee Act \nAll activities of the Advisory Committee shall be exempt from the Federal Advisory Committee Act (5 U.S.C. App.).", "id": "HC90D7CFB9EB8420485B69126A1A5F61D", "header": "Minimum requirements for Federal regulation", "nested": [ { "text": "(a) Establishment \nThe President shall establish an advisory committee to be known as the Advisory Committee on Minimum Regulatory Requirements and Licensing Standards for Indian Gaming (hereinafter referred to as the Advisory Committee ).", "id": "HE969580FEFF04AA5A35E14212B82E643", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Members \n(1) In general \nThe Advisory Committee shall be composed of 8 members who shall be appointed by the President not later than 120 days after the date of the enactment of this Act, of which— (A) 3 members, selected from a list of recommendations submitted to the President by the chairperson and vice chairperson of the Committee on Indian Affairs of the Senate and the chairperson and ranking minority member of the Committee on Resources of the House of Representatives, shall be members of, and represent, Indian tribal governments involved in gaming covered under the Indian Gaming Regulatory Act; (B) 3 members, selected from a list of recommendations submitted to the President by the majority leader and the minority leader of the Senate and the Speaker and the minority leader of the House of Representatives, shall represent State governments involved in gaming covered under the Indian Gaming Regulatory Act, and shall have experience as State gaming regulators; and (C) 2 members shall be employees of the Department of Justice. (2) Vacancies \nAny vacancy on the Advisory Committee shall not affect its powers, but shall be filled in the same manner as the original appointment.", "id": "H1024675002F945969877190068DDD6C", "header": "Members", "nested": [], "links": [] }, { "text": "(c) Recommendations for minimum Federal standards \n(1) In general \nNot later than 180 days after the date on which all initial members of the Advisory Committee have been appointed under subsection (b), the Advisory Committee shall develop and submit to the entities referred to in paragraph (2) recommendations for minimum Federal standards as described in subsection (d). (2) Recipients of recommendations \nThe Advisory Committee shall submit the recommendations required by paragraph (1) to the Committee on Indian Affairs of the Senate, the Committee on Resources of the House of Representatives, the National Indian Gaming Commission, and each federally recognized Indian tribe. (3) Factors for consideration \nThe minimum Federal standards recommended pursuant to this subsection— (A) may be developed taking into account industry standards existing at the time of the development of the standards; and (B) shall be developed taking into account— (i) the unique nature of tribal gaming as compared to non-Indian commercial, governmental, and charitable gaming; (ii) the broad variations in the scope and size of tribal gaming activity; and (iii) the inherent sovereign right of Indian tribes to regulate their own affairs.", "id": "H2232A8CD84924320BD07F85900FA781E", "header": "Recommendations for minimum Federal standards", "nested": [], "links": [] }, { "text": "(d) Regulations \nUpon receipt of the recommendations of the Advisory Committee, the National Indian Gaming Commission shall hold public hearings on the recommendations. After the conclusion of the hearings, the Commission shall promulgate regulations establishing minimum Federal regulatory requirements substantially in accordance with the recommendations made by the Advisory Committee, taking into consideration public comment when appropriate. Such regulations shall include requirements for— (1) background investigations, licensing of persons, and licensing of gaming operations associated with the conduct or regulation of class II and class III gaming on Indian lands by tribal governments; and (2) the operation of class II and class III gaming activities on Indian lands, including— (A) surveillance and security personnel and systems capable of monitoring all gaming activities, including the conduct of games, cashiers’ cages, change booths, count rooms, movements of cash and chips, entrances and exits to gaming facilities, and other critical areas of any gaming facility; (B) procedures for the protection of the integrity of the rules for the play of games and controls related to such rules; (C) credit and debit collection controls; (D) controls over gambling devices and equipment; and (E) accounting and auditing.", "id": "HA01C058704D24D91A28568006C27BD39", "header": "Regulations", "nested": [], "links": [] }, { "text": "(e) Travel \nEach member of the Advisory Committee who is appointed under subparagraph (A) or (B) of subsection (b)(1) and who is not an officer or employee of the Federal Government or a government of a State shall be reimbursed for travel and per diem in lieu of subsistence expenses during the performance of duties of the Advisory Committee while away from the home or the regular place of business of that member, in accordance with subchapter I of chapter 57 of title 5, United States Code.", "id": "HC1986F11E7104E358B361585249C1DC8", "header": "Travel", "nested": [], "links": [ { "text": "chapter 57", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/57" } ] }, { "text": "(f) Termination \nThe Advisory Committee shall terminate 10 days after the Advisory Committee submits the recommendations under subsection (c).", "id": "HF308BF49B4CD4FDF906DF1D154F50594", "header": "Termination", "nested": [], "links": [] }, { "text": "(g) Exemption from Federal Advisory Committee Act \nAll activities of the Advisory Committee shall be exempt from the Federal Advisory Committee Act (5 U.S.C. App.).", "id": "H95C63048B740495FB36DA3EB98EBE6DD", "header": "Exemption from Federal Advisory Committee Act", "nested": [], "links": [] } ], "links": [ { "text": "chapter 57", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/57" } ] }, { "text": "5. Commission on Native American Policy \n(a) Establishment \nThere is established a commission to be known as the Commission on Native American Policy (in this section referred to as the Commission ). (b) Membership \nThe Commission shall be composed of 13 members appointed for the life of the Commission as follows: (1) A representative from the National Governors’ Association, chosen by the members of that association. (2) A representative from the National Association of Attorneys General, chosen by the members of that association. (3) The Attorney General, or a designee. (4) The Secretary of the Treasury, or a designee. (5) The Secretary of the Interior, or a designee. (6) The Secretary of Commerce, or a designee. (7) The Chairman of the National Indian Gaming Commission, or a designee. (8) 1 representative from Indian tribes that operate Indian gaming facilities, appointed by the majority leader of the House of Representatives and the majority leader of the Senate. (9) 1 representative from Indian tribes that do not operate Indian gaming facilities, appointed by the majority leader of the House of Representatives and the majority leader of the Senate. (10) 1 representative from Indian tribes that operate Indian gaming facilities, appointed by the minority leader of the House of Representatives and the minority leader of the Senate. (11) 1 representative from Indian tribes that do not operate Indian gaming facilities, appointed by the minority leader of the House of Representatives and the minority leader of the Senate. (12) 1 representative from a unit of local government that is located near an Indian gaming facility appointed by the majority leader of the House of Representatives and the majority leader of the Senate. (13) 1 representative from the chamber of commerce of a unit of local government that is located near an Indian gaming facility appointed by the majority leader of the House of Representatives and the majority leader of the Senate. (c) Vacancies \nA vacancy in the Commission shall be filled in the manner in which the original appointment was made. (d) Quorum \nA majority of the members of the Commission shall constitute a quorum but a lesser number may hold hearings. (e) Chairperson \nThe Chairperson of the Commission shall be elected by the members of the Commission. The term of office of the Chairperson shall be for the life of the Commission. (f) Basic pay \n(1) Compensation of members \nEach member of the Commission who is not an officer or employee of the Federal Government, or whose compensation is not precluded by a State, local, or Native American tribal government position, shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for Level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (2) Travel expenses \nThe members 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 service for the Commission. (g) Hearings and sessions \n(1) In general \nThe Commission may, for the purpose of carrying out its duties, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. (2) Witness expenses \nWitnesses requested to appear before the Commission shall be paid the same fees as are paid to witnesses under section 1821 of title 28, United States Code. The per diem and mileage allowances for witnesses shall be paid from funds appropriated to the Commission. (h) Powers of members and agents \nAny member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (i) Obtaining official data \nThe Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out its duties. Upon request of the Chairperson of the Commission, the head of that department or agency shall furnish that information to the Commission. (j) Mails \nThe Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (k) Administrative support services \nUpon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its duties. (l) Subpoena power \n(1) In general \nIf a person fails to supply information requested by the Commission, the Commission may by majority vote require by subpoena the production of any written or recorded information, document, report, answer, record, account, paper, computer file, or other data or documentary evidence necessary to carry out its duties. The Commission shall transmit to the Attorney General a confidential, written notice at least 10 days in advance of the issuance of any such subpoena. A subpoena under this paragraph may require the production of materials from any place within the United States. (2) Interrogatories \nThe Commission may, with respect only to information necessary to understand any materials obtained through a subpoena under paragraph (1), issue a subpoena requiring the person producing such materials to answer, either through a sworn deposition or through written answers provided under oath (at the election of the person upon whom the subpoena is served), to interrogatories from the Commission regarding such information. A complete recording or transcription shall be made of any deposition made under this paragraph. (3) Certification \nEach person who submits materials or information to the Commission pursuant to a subpoena issued under paragraph (1) or (2) shall certify to the Commission the authenticity and completeness of all materials or information submitted. The provisions of section 1001 of title 18, United States Code, shall apply to any false statements made with respect to the certification required under this paragraph. (4) Treatment of subpoenas \nAny subpoena issued by the Commission under paragraph (1) or (2) shall comply with the requirements for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure. (5) Failure to obey a subpoena \nIf a person refuses to obey a subpoena issued by the Commission under paragraph (1) or (2), the Commission may apply to a United States district court for an order requiring that person to comply with such subpoena. The application may be made within the judicial district in which that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. (m) Immunity \nThe Commission is an agency of the United States for the purpose of part V of title 18, United States Code (relating to immunity of witnesses). Except as provided in this subsection, a person may not be excused from testifying or from producing evidence pursuant to a subpoena on the ground that the testimony or evidence required by the subpoena may tend to incriminate or subject that person to criminal prosecution. A person, after having claimed the privilege against self-incrimination, may not be criminally prosecuted by reason of any transaction, matter, or thing which that person is compelled to testify about or produce evidence relating to, except that the person may be prosecuted for perjury committed during the testimony or made in the evidence. (n) Contract authority \nTo the extent or in the amounts provided in advance in appropriation Acts, the Commission may contract with and compensate government and private agencies or persons for services, without regard to section 3709 of the Revised Statutes ( 41 U.S.C. 5 ). (o) Study; report \n(1) Study \nNot later than 18 months after funds are first made available for this section, the Commission shall complete a study on the following: (A) Living standards in Indian country, including health, infrastructure, economic development, educational opportunities, and housing. (B) The effectiveness of current Federal programs designed to improve living standards in Indian country, including health, infrastructure, economic development, educational opportunities, and housing. (C) Crime control on Indian reservations. (D) The influence of non-Native American private investors on the Indian Federal recognition process. (E) The influence of non-Native American private investors on the establishment and operation of Indian gaming facilities. (F) The influence of organized crime on Indian gaming. (G) The impact of Indian gaming facilities on local communities, including the impact on economic, environmental, and social issues. (2) Report \nNot later than 6 months after completion of the study required by paragraph (1), the Commission shall submit to Congress a report containing a detailed statement of the findings and conclusions of the Commission, together with its legislative recommendations for improving— (A) the welfare of Native Americans, including health infrastructure, economic development, educational opportunities, and housing; (B) the relationship between tribal entities and nontribal communities that live in the same area as tribal entities or Indian gaming facilities; and (C) regulations that govern tribal gaming to reduce the potential for crime and exploitation of Indians and Indian tribes. (p) Termination \nThe Commission shall terminate 30 days after submitting its final report pursuant this section.", "id": "HCD26921235084B639DF12B6BDE63A66", "header": "Commission on Native American Policy", "nested": [ { "text": "(a) Establishment \nThere is established a commission to be known as the Commission on Native American Policy (in this section referred to as the Commission ).", "id": "HDA678AB6C024453900FC35BFE794CD1E", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Membership \nThe Commission shall be composed of 13 members appointed for the life of the Commission as follows: (1) A representative from the National Governors’ Association, chosen by the members of that association. (2) A representative from the National Association of Attorneys General, chosen by the members of that association. (3) The Attorney General, or a designee. (4) The Secretary of the Treasury, or a designee. (5) The Secretary of the Interior, or a designee. (6) The Secretary of Commerce, or a designee. (7) The Chairman of the National Indian Gaming Commission, or a designee. (8) 1 representative from Indian tribes that operate Indian gaming facilities, appointed by the majority leader of the House of Representatives and the majority leader of the Senate. (9) 1 representative from Indian tribes that do not operate Indian gaming facilities, appointed by the majority leader of the House of Representatives and the majority leader of the Senate. (10) 1 representative from Indian tribes that operate Indian gaming facilities, appointed by the minority leader of the House of Representatives and the minority leader of the Senate. (11) 1 representative from Indian tribes that do not operate Indian gaming facilities, appointed by the minority leader of the House of Representatives and the minority leader of the Senate. (12) 1 representative from a unit of local government that is located near an Indian gaming facility appointed by the majority leader of the House of Representatives and the majority leader of the Senate. (13) 1 representative from the chamber of commerce of a unit of local government that is located near an Indian gaming facility appointed by the majority leader of the House of Representatives and the majority leader of the Senate.", "id": "H435D46425AA544368BD983DCF99B022F", "header": "Membership", "nested": [], "links": [] }, { "text": "(c) Vacancies \nA vacancy in the Commission shall be filled in the manner in which the original appointment was made.", "id": "H177E1FA2D49B4F558CFCB56F47727097", "header": "Vacancies", "nested": [], "links": [] }, { "text": "(d) Quorum \nA majority of the members of the Commission shall constitute a quorum but a lesser number may hold hearings.", "id": "H087A3A0758774CFAA2388700DFFC8FBC", "header": "Quorum", "nested": [], "links": [] }, { "text": "(e) Chairperson \nThe Chairperson of the Commission shall be elected by the members of the Commission. The term of office of the Chairperson shall be for the life of the Commission.", "id": "HB3A9A0511BE6425EA5B80947AC2338FF", "header": "Chairperson", "nested": [], "links": [] }, { "text": "(f) Basic pay \n(1) Compensation of members \nEach member of the Commission who is not an officer or employee of the Federal Government, or whose compensation is not precluded by a State, local, or Native American tribal government position, shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for Level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (2) Travel expenses \nThe members 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 service for the Commission.", "id": "H88DFE90422E048D1A100C5CCBE2BD9F9", "header": "Basic pay", "nested": [], "links": [ { "text": "section 5315", "legal-doc": "usc", "parsable-cite": "usc/5/5315" }, { "text": "chapter 57", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/57" } ] }, { "text": "(g) Hearings and sessions \n(1) In general \nThe Commission may, for the purpose of carrying out its duties, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. (2) Witness expenses \nWitnesses requested to appear before the Commission shall be paid the same fees as are paid to witnesses under section 1821 of title 28, United States Code. The per diem and mileage allowances for witnesses shall be paid from funds appropriated to the Commission.", "id": "HAB0277DA6875466B8D59F900915850CE", "header": "Hearings and sessions", "nested": [], "links": [ { "text": "section 1821", "legal-doc": "usc", "parsable-cite": "usc/28/1821" } ] }, { "text": "(h) Powers of members and agents \nAny member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section.", "id": "HBB0C29F8290D4C728707A26310512C46", "header": "Powers of members and agents", "nested": [], "links": [] }, { "text": "(i) Obtaining official data \nThe Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out its duties. Upon request of the Chairperson of the Commission, the head of that department or agency shall furnish that information to the Commission.", "id": "H34B4A22825A645CA80B051007FF2E7C", "header": "Obtaining official data", "nested": [], "links": [] }, { "text": "(j) Mails \nThe Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States.", "id": "HF63471D3A1A34E778B8B0018DAC3DCC", "header": "Mails", "nested": [], "links": [] }, { "text": "(k) Administrative support services \nUpon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its duties.", "id": "H468072D3D9784BA4A3EAA21025F6B111", "header": "Administrative support services", "nested": [], "links": [] }, { "text": "(l) Subpoena power \n(1) In general \nIf a person fails to supply information requested by the Commission, the Commission may by majority vote require by subpoena the production of any written or recorded information, document, report, answer, record, account, paper, computer file, or other data or documentary evidence necessary to carry out its duties. The Commission shall transmit to the Attorney General a confidential, written notice at least 10 days in advance of the issuance of any such subpoena. A subpoena under this paragraph may require the production of materials from any place within the United States. (2) Interrogatories \nThe Commission may, with respect only to information necessary to understand any materials obtained through a subpoena under paragraph (1), issue a subpoena requiring the person producing such materials to answer, either through a sworn deposition or through written answers provided under oath (at the election of the person upon whom the subpoena is served), to interrogatories from the Commission regarding such information. A complete recording or transcription shall be made of any deposition made under this paragraph. (3) Certification \nEach person who submits materials or information to the Commission pursuant to a subpoena issued under paragraph (1) or (2) shall certify to the Commission the authenticity and completeness of all materials or information submitted. The provisions of section 1001 of title 18, United States Code, shall apply to any false statements made with respect to the certification required under this paragraph. (4) Treatment of subpoenas \nAny subpoena issued by the Commission under paragraph (1) or (2) shall comply with the requirements for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure. (5) Failure to obey a subpoena \nIf a person refuses to obey a subpoena issued by the Commission under paragraph (1) or (2), the Commission may apply to a United States district court for an order requiring that person to comply with such subpoena. The application may be made within the judicial district in which that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt.", "id": "H850B738500874C47B0C9E834B54DC900", "header": "Subpoena power", "nested": [], "links": [ { "text": "section 1001", "legal-doc": "usc", "parsable-cite": "usc/18/1001" } ] }, { "text": "(m) Immunity \nThe Commission is an agency of the United States for the purpose of part V of title 18, United States Code (relating to immunity of witnesses). Except as provided in this subsection, a person may not be excused from testifying or from producing evidence pursuant to a subpoena on the ground that the testimony or evidence required by the subpoena may tend to incriminate or subject that person to criminal prosecution. A person, after having claimed the privilege against self-incrimination, may not be criminally prosecuted by reason of any transaction, matter, or thing which that person is compelled to testify about or produce evidence relating to, except that the person may be prosecuted for perjury committed during the testimony or made in the evidence.", "id": "H8AC4F3AA5AA148C98435EB5C5C829F43", "header": "Immunity", "nested": [], "links": [] }, { "text": "(n) Contract authority \nTo the extent or in the amounts provided in advance in appropriation Acts, the Commission may contract with and compensate government and private agencies or persons for services, without regard to section 3709 of the Revised Statutes ( 41 U.S.C. 5 ).", "id": "H3E5CE056858F424C9638CAC3CEDAD266", "header": "Contract authority", "nested": [], "links": [ { "text": "41 U.S.C. 5", "legal-doc": "usc", "parsable-cite": "usc/41/5" } ] }, { "text": "(o) Study; report \n(1) Study \nNot later than 18 months after funds are first made available for this section, the Commission shall complete a study on the following: (A) Living standards in Indian country, including health, infrastructure, economic development, educational opportunities, and housing. (B) The effectiveness of current Federal programs designed to improve living standards in Indian country, including health, infrastructure, economic development, educational opportunities, and housing. (C) Crime control on Indian reservations. (D) The influence of non-Native American private investors on the Indian Federal recognition process. (E) The influence of non-Native American private investors on the establishment and operation of Indian gaming facilities. (F) The influence of organized crime on Indian gaming. (G) The impact of Indian gaming facilities on local communities, including the impact on economic, environmental, and social issues. (2) Report \nNot later than 6 months after completion of the study required by paragraph (1), the Commission shall submit to Congress a report containing a detailed statement of the findings and conclusions of the Commission, together with its legislative recommendations for improving— (A) the welfare of Native Americans, including health infrastructure, economic development, educational opportunities, and housing; (B) the relationship between tribal entities and nontribal communities that live in the same area as tribal entities or Indian gaming facilities; and (C) regulations that govern tribal gaming to reduce the potential for crime and exploitation of Indians and Indian tribes.", "id": "H1C6ED885BB114835B1CC009CCB6C7016", "header": "Study; report", "nested": [], "links": [] }, { "text": "(p) Termination \nThe Commission shall terminate 30 days after submitting its final report pursuant this section.", "id": "H672519F720FA4E9E9B6C7DAD23B755D8", "header": "Termination", "nested": [], "links": [] } ], "links": [ { "text": "section 5315", "legal-doc": "usc", "parsable-cite": "usc/5/5315" }, { "text": "chapter 57", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/57" }, { "text": "section 1821", "legal-doc": "usc", "parsable-cite": "usc/28/1821" }, { "text": "section 1001", "legal-doc": "usc", "parsable-cite": "usc/18/1001" }, { "text": "41 U.S.C. 5", "legal-doc": "usc", "parsable-cite": "usc/41/5" } ] } ]

[ "Natural Resources Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Intelligent Vehicle Highway Safety Act of 2004.", "id": "H451D58CC98594E95A55846D0AEFF5D09", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Deduction for intelligent vehicle technology systems \n(a) In general \nPart VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to itemized deductions for individuals and corporations) is amended by adding at the end the following new section: 199. Intelligent vehicle systems property \n(a) Deduction allowed \nThere shall be allowed as a deduction for the taxable year an amount equal to the amount paid or incurred by the taxpayer for qualified intelligent vehicle systems property. The deduction under the preceding sentence with respect to any property shall be allowed for the taxable year in which such property is placed in service. (b) Limitation \n(1) In general \nThe amount allowed as a deduction under subsection (a) with respect to any motor vehicle shall not exceed $1,000. (2) Phaseout \nIn the case of any qualified intelligent vehicle systems property placed in service after December 31, 2007, the limit otherwise applicable under paragraph (1) shall be reduced by— (A) 25 percent in the case of property placed in service in calendar year 2008, (B) 50 percent in the case of property placed in service in calendar year 2009, and (C) 75 percent in the case of property placed in service in calendar year 2010. (c) Qualified intelligent vehicle systems property \nFor purposes of this section— (1) In general \nThe term qualified intelligent vehicle systems property means any device described in paragraph (2) if such device— (A) is an integrated, in-vehicle electronic device installed in a motor vehicle at the point of manufacture by the original equipment manufacturer, or as an aftermarket installation, and (B) enhances the safety or security of the driver, passenger, or load. (2) Devices described \nA device described in this paragraph is a device which— (A) is a device that warns or informs a driver of driving conditions or location, such as collision warning systems, automated collision notification systems, vehicle rollover warning systems, lane departure warning systems, and fatigue management systems, (B) is a positional communications and tracking device, (C) assists in verification of driver identity, such as biometric identifiers and electronic ignition locks, (D) is an electronic seal, (E) is a roll stability control system, or (F) actively monitors and adjusts driver workload. (3) Motor vehicle \nThe term motor vehicle means any vehicle which is manufactured primarily for use on public streets, roads, and highways (not including a vehicle operated exclusively on a rail or rails) and which has at least 4 wheels. (d) Special rules \n(1) Property used outside United States, etc., not qualified \nNo deduction shall be allowed under subsection (a) with respect to any property referred to in section 50(b) or with respect to the portion of the cost of any property taken into account under section 179. (2) Basis reduction \n(A) In general \nFor purposes of this title, the basis of any property shall be reduced by the portion of the cost of such property taken into account under subsection (a). (B) Ordinary income recapture \nFor purposes of section 1245, the amount of the deduction allowable under subsection (a) with respect to any property which is of a character subject to the allowance for depreciation shall be treated as a deduction allowed for depreciation under section 167. (e) Supporting documentation \nNo deduction shall be allowed under subsection (a) unless the taxpayer receives, at the time of purchase of the qualified intelligent vehicle systems property, such documentation as the Secretary may require. Such documentation shall identify the type of each intelligent vehicle systems property installed on the motor vehicle, retail cost of each such system, the purchase date of the motor vehicle containing such systems (or the installation date of such systems in the case of installation after the date of the first retail sale (as defined in section 4052(a)). (f) Termination \nThis section shall not apply to any property placed in service after December 31, 2010.. (b) Deduction allowed whether or not individual itemizes other deductions \nSubsection (a) of section 62 of such Code is amended by inserting after paragraph (19) the following new paragraph: (20) Intelligent vehicle systems property \nThe deduction allowed by section 199.. (c) Conforming amendments \n(1) Subsection (a) of section 1016 of such Code is amended by striking and at the end of paragraph (27), by striking the period at the end of paragraph (28) and inserting ; and , and by adding at the end the following new paragraph: (29) to the extent provided in section 199(d)(2).. (2) Subparagraph (C) of section 1245(a)(2) of such Code is amended by striking or 193 and inserting 193, or 199. (d) Clerical amendment \nThe table of sections for part VI of subchapter B of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 199. Intelligent vehicle systems property. (e) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2004.", "id": "H296C056766AD4E07A1CDC74D7036F7A0", "header": "Deduction for intelligent vehicle technology systems", "nested": [ { "text": "(a) In general \nPart VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to itemized deductions for individuals and corporations) is amended by adding at the end the following new section: 199. Intelligent vehicle systems property \n(a) Deduction allowed \nThere shall be allowed as a deduction for the taxable year an amount equal to the amount paid or incurred by the taxpayer for qualified intelligent vehicle systems property. The deduction under the preceding sentence with respect to any property shall be allowed for the taxable year in which such property is placed in service. (b) Limitation \n(1) In general \nThe amount allowed as a deduction under subsection (a) with respect to any motor vehicle shall not exceed $1,000. (2) Phaseout \nIn the case of any qualified intelligent vehicle systems property placed in service after December 31, 2007, the limit otherwise applicable under paragraph (1) shall be reduced by— (A) 25 percent in the case of property placed in service in calendar year 2008, (B) 50 percent in the case of property placed in service in calendar year 2009, and (C) 75 percent in the case of property placed in service in calendar year 2010. (c) Qualified intelligent vehicle systems property \nFor purposes of this section— (1) In general \nThe term qualified intelligent vehicle systems property means any device described in paragraph (2) if such device— (A) is an integrated, in-vehicle electronic device installed in a motor vehicle at the point of manufacture by the original equipment manufacturer, or as an aftermarket installation, and (B) enhances the safety or security of the driver, passenger, or load. (2) Devices described \nA device described in this paragraph is a device which— (A) is a device that warns or informs a driver of driving conditions or location, such as collision warning systems, automated collision notification systems, vehicle rollover warning systems, lane departure warning systems, and fatigue management systems, (B) is a positional communications and tracking device, (C) assists in verification of driver identity, such as biometric identifiers and electronic ignition locks, (D) is an electronic seal, (E) is a roll stability control system, or (F) actively monitors and adjusts driver workload. (3) Motor vehicle \nThe term motor vehicle means any vehicle which is manufactured primarily for use on public streets, roads, and highways (not including a vehicle operated exclusively on a rail or rails) and which has at least 4 wheels. (d) Special rules \n(1) Property used outside United States, etc., not qualified \nNo deduction shall be allowed under subsection (a) with respect to any property referred to in section 50(b) or with respect to the portion of the cost of any property taken into account under section 179. (2) Basis reduction \n(A) In general \nFor purposes of this title, the basis of any property shall be reduced by the portion of the cost of such property taken into account under subsection (a). (B) Ordinary income recapture \nFor purposes of section 1245, the amount of the deduction allowable under subsection (a) with respect to any property which is of a character subject to the allowance for depreciation shall be treated as a deduction allowed for depreciation under section 167. (e) Supporting documentation \nNo deduction shall be allowed under subsection (a) unless the taxpayer receives, at the time of purchase of the qualified intelligent vehicle systems property, such documentation as the Secretary may require. Such documentation shall identify the type of each intelligent vehicle systems property installed on the motor vehicle, retail cost of each such system, the purchase date of the motor vehicle containing such systems (or the installation date of such systems in the case of installation after the date of the first retail sale (as defined in section 4052(a)). (f) Termination \nThis section shall not apply to any property placed in service after December 31, 2010..", "id": "H05235A0C5B4A48B48B46085930AF82A0", "header": "In general", "nested": [], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" } ] }, { "text": "(b) Deduction allowed whether or not individual itemizes other deductions \nSubsection (a) of section 62 of such Code is amended by inserting after paragraph (19) the following new paragraph: (20) Intelligent vehicle systems property \nThe deduction allowed by section 199..", "id": "H3DFA69614CE64931A9C8ADF888BED181", "header": "Deduction allowed whether or not individual itemizes other deductions", "nested": [], "links": [] }, { "text": "(c) Conforming amendments \n(1) Subsection (a) of section 1016 of such Code is amended by striking and at the end of paragraph (27), by striking the period at the end of paragraph (28) and inserting ; and , and by adding at the end the following new paragraph: (29) to the extent provided in section 199(d)(2).. (2) Subparagraph (C) of section 1245(a)(2) of such Code is amended by striking or 193 and inserting 193, or 199.", "id": "H875AF14EA911416B97A919FB61244DB4", "header": "Conforming amendments", "nested": [], "links": [] }, { "text": "(d) Clerical amendment \nThe table of sections for part VI of subchapter B of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 199. Intelligent vehicle systems property.", "id": "H73DAD9A7406146ECAA00B144AF965DF5", "header": "Clerical amendment", "nested": [], "links": [] }, { "text": "(e) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2004.", "id": "HFEDE83B8E2CE49C1A4CB4DEB459901CD", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" } ] }, { "text": "199. Intelligent vehicle systems property \n(a) Deduction allowed \nThere shall be allowed as a deduction for the taxable year an amount equal to the amount paid or incurred by the taxpayer for qualified intelligent vehicle systems property. The deduction under the preceding sentence with respect to any property shall be allowed for the taxable year in which such property is placed in service. (b) Limitation \n(1) In general \nThe amount allowed as a deduction under subsection (a) with respect to any motor vehicle shall not exceed $1,000. (2) Phaseout \nIn the case of any qualified intelligent vehicle systems property placed in service after December 31, 2007, the limit otherwise applicable under paragraph (1) shall be reduced by— (A) 25 percent in the case of property placed in service in calendar year 2008, (B) 50 percent in the case of property placed in service in calendar year 2009, and (C) 75 percent in the case of property placed in service in calendar year 2010. (c) Qualified intelligent vehicle systems property \nFor purposes of this section— (1) In general \nThe term qualified intelligent vehicle systems property means any device described in paragraph (2) if such device— (A) is an integrated, in-vehicle electronic device installed in a motor vehicle at the point of manufacture by the original equipment manufacturer, or as an aftermarket installation, and (B) enhances the safety or security of the driver, passenger, or load. (2) Devices described \nA device described in this paragraph is a device which— (A) is a device that warns or informs a driver of driving conditions or location, such as collision warning systems, automated collision notification systems, vehicle rollover warning systems, lane departure warning systems, and fatigue management systems, (B) is a positional communications and tracking device, (C) assists in verification of driver identity, such as biometric identifiers and electronic ignition locks, (D) is an electronic seal, (E) is a roll stability control system, or (F) actively monitors and adjusts driver workload. (3) Motor vehicle \nThe term motor vehicle means any vehicle which is manufactured primarily for use on public streets, roads, and highways (not including a vehicle operated exclusively on a rail or rails) and which has at least 4 wheels. (d) Special rules \n(1) Property used outside United States, etc., not qualified \nNo deduction shall be allowed under subsection (a) with respect to any property referred to in section 50(b) or with respect to the portion of the cost of any property taken into account under section 179. (2) Basis reduction \n(A) In general \nFor purposes of this title, the basis of any property shall be reduced by the portion of the cost of such property taken into account under subsection (a). (B) Ordinary income recapture \nFor purposes of section 1245, the amount of the deduction allowable under subsection (a) with respect to any property which is of a character subject to the allowance for depreciation shall be treated as a deduction allowed for depreciation under section 167. (e) Supporting documentation \nNo deduction shall be allowed under subsection (a) unless the taxpayer receives, at the time of purchase of the qualified intelligent vehicle systems property, such documentation as the Secretary may require. Such documentation shall identify the type of each intelligent vehicle systems property installed on the motor vehicle, retail cost of each such system, the purchase date of the motor vehicle containing such systems (or the installation date of such systems in the case of installation after the date of the first retail sale (as defined in section 4052(a)). (f) Termination \nThis section shall not apply to any property placed in service after December 31, 2010.", "id": "HD9289778A6134991862456972BCCE1EB", "header": "Intelligent vehicle systems property", "nested": [ { "text": "(a) Deduction allowed \nThere shall be allowed as a deduction for the taxable year an amount equal to the amount paid or incurred by the taxpayer for qualified intelligent vehicle systems property. The deduction under the preceding sentence with respect to any property shall be allowed for the taxable year in which such property is placed in service.", "id": "H3220D15CD3754DAE859DAED483F196B3", "header": "Deduction allowed", "nested": [], "links": [] }, { "text": "(b) Limitation \n(1) In general \nThe amount allowed as a deduction under subsection (a) with respect to any motor vehicle shall not exceed $1,000. (2) Phaseout \nIn the case of any qualified intelligent vehicle systems property placed in service after December 31, 2007, the limit otherwise applicable under paragraph (1) shall be reduced by— (A) 25 percent in the case of property placed in service in calendar year 2008, (B) 50 percent in the case of property placed in service in calendar year 2009, and (C) 75 percent in the case of property placed in service in calendar year 2010.", "id": "H45550BA2EA2845F18D90ABB81F640749", "header": "Limitation", "nested": [], "links": [] }, { "text": "(c) Qualified intelligent vehicle systems property \nFor purposes of this section— (1) In general \nThe term qualified intelligent vehicle systems property means any device described in paragraph (2) if such device— (A) is an integrated, in-vehicle electronic device installed in a motor vehicle at the point of manufacture by the original equipment manufacturer, or as an aftermarket installation, and (B) enhances the safety or security of the driver, passenger, or load. (2) Devices described \nA device described in this paragraph is a device which— (A) is a device that warns or informs a driver of driving conditions or location, such as collision warning systems, automated collision notification systems, vehicle rollover warning systems, lane departure warning systems, and fatigue management systems, (B) is a positional communications and tracking device, (C) assists in verification of driver identity, such as biometric identifiers and electronic ignition locks, (D) is an electronic seal, (E) is a roll stability control system, or (F) actively monitors and adjusts driver workload. (3) Motor vehicle \nThe term motor vehicle means any vehicle which is manufactured primarily for use on public streets, roads, and highways (not including a vehicle operated exclusively on a rail or rails) and which has at least 4 wheels.", "id": "HDD8FA2545F154FD4B7F8F8BB7DAE8DBE", "header": "Qualified intelligent vehicle systems property", "nested": [], "links": [] }, { "text": "(d) Special rules \n(1) Property used outside United States, etc., not qualified \nNo deduction shall be allowed under subsection (a) with respect to any property referred to in section 50(b) or with respect to the portion of the cost of any property taken into account under section 179. (2) Basis reduction \n(A) In general \nFor purposes of this title, the basis of any property shall be reduced by the portion of the cost of such property taken into account under subsection (a). (B) Ordinary income recapture \nFor purposes of section 1245, the amount of the deduction allowable under subsection (a) with respect to any property which is of a character subject to the allowance for depreciation shall be treated as a deduction allowed for depreciation under section 167.", "id": "HABC9F75DA42642AC0099CD509DD8BAA0", "header": "Special rules", "nested": [], "links": [] }, { "text": "(e) Supporting documentation \nNo deduction shall be allowed under subsection (a) unless the taxpayer receives, at the time of purchase of the qualified intelligent vehicle systems property, such documentation as the Secretary may require. Such documentation shall identify the type of each intelligent vehicle systems property installed on the motor vehicle, retail cost of each such system, the purchase date of the motor vehicle containing such systems (or the installation date of such systems in the case of installation after the date of the first retail sale (as defined in section 4052(a)).", "id": "H4E6944242B6745C596C544FACEA6588", "header": "Supporting documentation", "nested": [], "links": [] }, { "text": "(f) Termination \nThis section shall not apply to any property placed in service after December 31, 2010.", "id": "HA57BE87A3FFB4580A0D4B31DDEBA4CC0", "header": "Termination", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Intelligent vehicle systems property exception to tax on heavy trucks and trailers sold at retail \n(a) In general \nSection 4051 of the Internal Revenue Code of 1986 (relating to imposition of tax on heavy trucks and trailers sold at retail) is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: (c) Exclusion for intelligent vehicle systems property \n(1) In general \nThe tax imposed by subsections (a) and (b) shall not apply to any article which is qualified intelligent vehicle systems property. (2) Limitation \nThe amount excluded by paragraph (1) shall not exceed $5,000 with respect to any article which is a chassis, body, trailer, or tractor described in a subparagraph of paragraph (1). (3) Qualified intelligent vehicle systems property \nThe term qualified intelligent vehicle system property shall have the meaning given such term by section 199(c).. (b) Effective date \nThe amendments made by this section shall apply to articles sold after December 31, 2004.", "id": "H0DCF1AA9426245BCA4DD34EB3341F5A0", "header": "Intelligent vehicle systems property exception to tax on heavy trucks and trailers sold at retail", "nested": [ { "text": "(a) In general \nSection 4051 of the Internal Revenue Code of 1986 (relating to imposition of tax on heavy trucks and trailers sold at retail) is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: (c) Exclusion for intelligent vehicle systems property \n(1) In general \nThe tax imposed by subsections (a) and (b) shall not apply to any article which is qualified intelligent vehicle systems property. (2) Limitation \nThe amount excluded by paragraph (1) shall not exceed $5,000 with respect to any article which is a chassis, body, trailer, or tractor described in a subparagraph of paragraph (1). (3) Qualified intelligent vehicle systems property \nThe term qualified intelligent vehicle system property shall have the meaning given such term by section 199(c)..", "id": "H379AE682D74F488197715C22E0B1856E", "header": "In general", "nested": [], "links": [ { "text": "Section 4051", "legal-doc": "usc", "parsable-cite": "usc/26/4051" } ] }, { "text": "(b) Effective date \nThe amendments made by this section shall apply to articles sold after December 31, 2004.", "id": "H62C7822EBDD84A768F2632A3181DA237", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Section 4051", "legal-doc": "usc", "parsable-cite": "usc/26/4051" } ] } ]

[ "Ways and Means Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H41D2A9D113F748C4BBE3FF59D3ACE6F9", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nThe Congress finds that— (1) gifts to physicians from pharmaceutical companies lead to the unnecessary prescribing of prescription drugs, inflating the costs of prescriptions and jeopardizing patient safety, (2) the pharmaceutical industry annually spends $13,000,000,000 promoting and marketing their products, by way of meals, travel subsidies, and other gifts to medical professionals, (3) drug companies annually spend more than $15,000 per physician on such promotions, (4) the present extent of physician-industry interactions appears to adversely affect prescribing and professional behavior and should be further addressed at the level of policy and education, and (5) either redirecting these funds to research or lowering the costs of prescription drugs is a much more needed expenditure by the pharmaceutical industry.", "id": "H23C17EA20E5048A4959C568B46F3B92E", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Disallowance of deduction for physician gift expenses of prescription drug manufacturers \n(a) General rule \nPart IX of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items not deductible) is amended by adding at the end the following new section: 280I. Physician gift expenses of prescription drug manufacturers \n(a) General rule \nNo deduction shall be allowed under this chapter for any physician gift expense paid or incurred by any prescription drug manufacturer. (b) Physician gift expense \nFor purposes of this section, the term physician gift expense means any gift provided directly or indirectly to or for the benefit of a physician, including gifts of meals, sponsored teachings, symposia, and travel, but not including product samples. (c) Prescription drug manufacturer \nFor purposes of this section, the term prescription drug manufacturer means— (1) any person engaged in the trade or business of manufacturing or producing any prescription drug, and (2) any person who is a member of an affiliated group which includes a person described in paragraph (1). For purposes of the preceding sentence, the term affiliated group means any affiliated group as defined in section 1504 (determined without regard to paragraphs (3) and (4) of 1504(b)).. (b) Clerical amendment \nThe table of sections for part IX of subchapter B of chapter 1 of such Code is amended by adding at the end thereof the following new item: Sec. 280I. Physician gift expenses of prescription drug manufacturers. (c) Effective date \nThe amendments made by this section shall apply to amounts paid or incurred after December 31, 2004.", "id": "HDF1CFD3FCCBF41E59035127566F03BC3", "header": "Disallowance of deduction for physician gift expenses of prescription drug manufacturers", "nested": [ { "text": "(a) General rule \nPart IX of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items not deductible) is amended by adding at the end the following new section: 280I. Physician gift expenses of prescription drug manufacturers \n(a) General rule \nNo deduction shall be allowed under this chapter for any physician gift expense paid or incurred by any prescription drug manufacturer. (b) Physician gift expense \nFor purposes of this section, the term physician gift expense means any gift provided directly or indirectly to or for the benefit of a physician, including gifts of meals, sponsored teachings, symposia, and travel, but not including product samples. (c) Prescription drug manufacturer \nFor purposes of this section, the term prescription drug manufacturer means— (1) any person engaged in the trade or business of manufacturing or producing any prescription drug, and (2) any person who is a member of an affiliated group which includes a person described in paragraph (1). For purposes of the preceding sentence, the term affiliated group means any affiliated group as defined in section 1504 (determined without regard to paragraphs (3) and (4) of 1504(b))..", "id": "HBF32538F722E479200F723FDA3A987AA", "header": "General rule", "nested": [], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" } ] }, { "text": "(b) Clerical amendment \nThe table of sections for part IX of subchapter B of chapter 1 of such Code is amended by adding at the end thereof the following new item: Sec. 280I. Physician gift expenses of prescription drug manufacturers.", "id": "H4D00E039DFEE429C84CB8C082C46C94C", "header": "Clerical amendment", "nested": [], "links": [] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply to amounts paid or incurred after December 31, 2004.", "id": "H62EC26DED43449F3AEA49E7C8F714BCD", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" } ] }, { "text": "280I. Physician gift expenses of prescription drug manufacturers \n(a) General rule \nNo deduction shall be allowed under this chapter for any physician gift expense paid or incurred by any prescription drug manufacturer. (b) Physician gift expense \nFor purposes of this section, the term physician gift expense means any gift provided directly or indirectly to or for the benefit of a physician, including gifts of meals, sponsored teachings, symposia, and travel, but not including product samples. (c) Prescription drug manufacturer \nFor purposes of this section, the term prescription drug manufacturer means— (1) any person engaged in the trade or business of manufacturing or producing any prescription drug, and (2) any person who is a member of an affiliated group which includes a person described in paragraph (1). For purposes of the preceding sentence, the term affiliated group means any affiliated group as defined in section 1504 (determined without regard to paragraphs (3) and (4) of 1504(b)).", "id": "H607AB406F39F43E7814BB52D1194D91", "header": "Physician gift expenses of prescription drug manufacturers", "nested": [ { "text": "(a) General rule \nNo deduction shall be allowed under this chapter for any physician gift expense paid or incurred by any prescription drug manufacturer.", "id": "H9FF4E7F9F22443C28345CFA816DABD00", "header": "General rule", "nested": [], "links": [] }, { "text": "(b) Physician gift expense \nFor purposes of this section, the term physician gift expense means any gift provided directly or indirectly to or for the benefit of a physician, including gifts of meals, sponsored teachings, symposia, and travel, but not including product samples.", "id": "H7BE24AE5BE584CF08CD0E8DF98A13463", "header": "Physician gift expense", "nested": [], "links": [] }, { "text": "(c) Prescription drug manufacturer \nFor purposes of this section, the term prescription drug manufacturer means— (1) any person engaged in the trade or business of manufacturing or producing any prescription drug, and (2) any person who is a member of an affiliated group which includes a person described in paragraph (1). For purposes of the preceding sentence, the term affiliated group means any affiliated group as defined in section 1504 (determined without regard to paragraphs (3) and (4) of 1504(b)).", "id": "H53893D15CF1642B9B727EE7934A633A4", "header": "Prescription drug manufacturer", "nested": [], "links": [] } ], "links": [] } ]

[ "Ways and Means Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Advanced Internet Communications Services Act of 2004.", "id": "H5CCEFA62950E4CE2A2DA4435D4B5FC10", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Regulatory treatment \n(a) Consideration as interstate service \nAn advanced Internet communications service shall be considered an interstate service. (b) Regulatory treatment \nAn advanced Internet communications service shall be considered neither a telecommunications service nor an information service for purposes of the Communications Act of 1934 ( 47 U.S.C. 151 et seq. ). (c) Limitation \nSubject to section 3, but notwithstanding this section or any other provision of law, neither the Federal Communications Commission nor any State may regulate the rates, charges, terms, or conditions for, or entry into, or exit from, the provision of, any advanced Internet communications service.", "id": "H63E0C453A61B43238CB9D1B900197739", "header": "Regulatory treatment", "nested": [ { "text": "(a) Consideration as interstate service \nAn advanced Internet communications service shall be considered an interstate service.", "id": "H845B235A27C0426F8CB9F1D635ACCAB", "header": "Consideration as interstate service", "nested": [], "links": [] }, { "text": "(b) Regulatory treatment \nAn advanced Internet communications service shall be considered neither a telecommunications service nor an information service for purposes of the Communications Act of 1934 ( 47 U.S.C. 151 et seq. ).", "id": "HC91BDF42C60D49669FABC91C24BCD6A2", "header": "Regulatory treatment", "nested": [], "links": [ { "text": "47 U.S.C. 151 et seq.", "legal-doc": "usc", "parsable-cite": "usc/47/151" } ] }, { "text": "(c) Limitation \nSubject to section 3, but notwithstanding this section or any other provision of law, neither the Federal Communications Commission nor any State may regulate the rates, charges, terms, or conditions for, or entry into, or exit from, the provision of, any advanced Internet communications service.", "id": "H9F9F7AE2BF5F459EA1C16F80F19B1602", "header": "Limitation", "nested": [], "links": [] } ], "links": [ { "text": "47 U.S.C. 151 et seq.", "legal-doc": "usc", "parsable-cite": "usc/47/151" } ] }, { "text": "3. Commission exclusive authority regarding advanced Internet communications services \n(a) Determination regarding requirements and obligations \n(1) In general \nThe Commission shall have exclusive authority regarding advanced Internet communications services, and shall, by regulation, impose requirements or obligations on providers of advanced Internet communications voice service to carry out the following purposes: (A) Ensure that appropriate E–911 services are available to users of advanced Internet communications voice services. (B) Provide access to such service by persons with disabilities. (C) Contribute directly to the universal service fund. (D) Provide for just and reasonable compensation for use of the public switched telephone network. (2) Standard \nThe Commission may establish regulations imposing requirements or obligations referred to in paragraph (1) only to the extent that the Commission determines such regulations are technically feasible and economically reasonable. (3) Parity among providers \nThe Commission shall ensure that the requirements or obligations referred to in paragraph (1) apply equally to all providers of advanced Internet communications voice services, and neither the Commission nor any State may regulate the underlying Internet Protocol transmission networks, facilities, or equipment that support or transmit any advanced Internet communications voice service in a manner that results in the unequal application of regulation to any Internet Protocol network, facilities, or equipment as compared to any other such network, facilities, or equipment. (b) Rulemaking proceeding \nWithin 180 days after the date of the enactment of this Act, the Commission shall initiate and complete a proceeding to make the determinations required under subsection (a). (c) Regulations \nNot later than 60 days after the completion of the proceeding pursuant to subsection (b), the Commission shall issue any regulations pursuant to such proceeding.", "id": "HAD51996619A64D40BC43EE53B288B2E1", "header": "Commission exclusive authority regarding advanced Internet communications services", "nested": [ { "text": "(a) Determination regarding requirements and obligations \n(1) In general \nThe Commission shall have exclusive authority regarding advanced Internet communications services, and shall, by regulation, impose requirements or obligations on providers of advanced Internet communications voice service to carry out the following purposes: (A) Ensure that appropriate E–911 services are available to users of advanced Internet communications voice services. (B) Provide access to such service by persons with disabilities. (C) Contribute directly to the universal service fund. (D) Provide for just and reasonable compensation for use of the public switched telephone network. (2) Standard \nThe Commission may establish regulations imposing requirements or obligations referred to in paragraph (1) only to the extent that the Commission determines such regulations are technically feasible and economically reasonable. (3) Parity among providers \nThe Commission shall ensure that the requirements or obligations referred to in paragraph (1) apply equally to all providers of advanced Internet communications voice services, and neither the Commission nor any State may regulate the underlying Internet Protocol transmission networks, facilities, or equipment that support or transmit any advanced Internet communications voice service in a manner that results in the unequal application of regulation to any Internet Protocol network, facilities, or equipment as compared to any other such network, facilities, or equipment.", "id": "H32A6869E7ECA4B01A704C97EB584595C", "header": "Determination regarding requirements and obligations", "nested": [], "links": [] }, { "text": "(b) Rulemaking proceeding \nWithin 180 days after the date of the enactment of this Act, the Commission shall initiate and complete a proceeding to make the determinations required under subsection (a).", "id": "H709A8C86BD4A49E491816B75F67DDA09", "header": "Rulemaking proceeding", "nested": [], "links": [] }, { "text": "(c) Regulations \nNot later than 60 days after the completion of the proceeding pursuant to subsection (b), the Commission shall issue any regulations pursuant to such proceeding.", "id": "H4209F07E40EB4713968E60C382E4C61E", "header": "Regulations", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Definitions \nFor purposes of this Act: (1) Advanced internet communications service \nThe term “advanced Internet communications service” means an IP network and the associated capabilities and functionalities, services, and applications provided over an Internet protocol platform or for which an Internet protocol capability is an integral component, and services and applications that enable an end user to send or receive a communication in Internet protocol format, regardless of whether the communication is voice, data, video, or any other form. (2) Advanced internet communications voice service \nThe term “advanced Internet communications voice service” means an advanced Internet communications service that is offered to the public for a fee, and that provides real-time voice communications, and in which that voice component is the primary function of the service. (3) Commission \nThe term Commission means the Federal Communications Commission. (4) IP network \nThe term “IP network” means the facilities used to transmit and to encode, digitize, packetize, or route advanced Internet communications services in an Internet Protocol format, including routers, softswitches, gateways, packet switches, and transmission facilities. (5) Internet protocol \nThe term Internet protocol means the Transmission Control Protocol/Internet Protocol, or any predecessor or successor protocols to such protocol. (6) Public switched telephone network \nThe term public switched telephone network means the collection of interconnected circuit switched telecommunications.", "id": "H9F5CC06CC40E49AB9640007FBCC27FB5", "header": "Definitions", "nested": [], "links": [] } ]

[ "Energy and Commerce Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HF848956900DC4A8B954600A102003EDB", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Purposes \nThe purposes of this Act are— (1) to reduce the perverse incentive created by executive stock options for executives to take actions to inflate the value of their shares prior to exercising options; and (2) to prevent the resulting losses to shareholders by limiting the ability of executive officers and directors to profit from the exercise of stock options when shareholders have suffered substantial losses.", "id": "HC7EE301C2524437B99E48F5869C411FD", "header": "Purposes", "nested": [], "links": [] }, { "text": "3. Return of stock option profits \nSection 304 of the Sarbanes-Oxley Act of 2002 ( 15 U.S.C. 7243 ) is amended (1) by redesignating subsection (b) as subsection (c); (2) by inserting after subsection (a) the following new subsection: (b) Stock option exercise prior to stock price declines \nThe Commission shall prescribe rules requiring that, if, at the end of a period ending one year after one or more of the five most highly compensated executive officers or the directors of an issuer have exercised options on securities of an issuer granted to the executive officer or director as compensation, the stock of the issuer has declined by a material amount, as determined by the Commission by rule, then such executive officer or director shall be required to reimburse the issuer for all gains realized on the sale of securities obtained as a result of the option exercise that are in excess of any gains that would have been realized had the securities been sold at the stock price at the end of such one-year period. Such rules shall be effective one year after the date of enactment of the Executive Compensation and Corporate Governance Act of 2004. ; and (3) in subsection (c) (as redesignated by paragraph (1) of this section ), by striking subsection (a) and inserting subsections (a) and (b).", "id": "H9041A707A6E64CC0AD2603BA43E999E4", "header": "Return of stock option profits", "nested": [], "links": [ { "text": "15 U.S.C. 7243", "legal-doc": "usc", "parsable-cite": "usc/15/7243" } ] }, { "text": "4. Deadline for rulemaking \nThe Securities and Exchange Commission shall prescribe the rules and regulations required by the amendments made by this Act within 270 days after the date of enactment of this Act.", "id": "H7E0A90CF4FF64EE197C59B79EEA13E1F", "header": "Deadline for rulemaking", "nested": [], "links": [] } ]

[ "Financial Services Committee" ]

[ { "text": "1. Marriage in the District of Columbia \nIn the District of Columbia, for all legal purposes, marriage means the union of one man and one woman.", "id": "H9D679A21AFC94E77A9860060EA68E070", "header": "Marriage in the District of Columbia", "nested": [], "links": [] } ]

[ "Oversight and Accountability Committee" ]

[ { "text": "1. Limitations on utilization and disposal of Franklin Delano Roosevelt Campus of Department of Veterans Affairs Hudson Valley Health Care System, Montrose, New York \n(a) Retention and disposal \nThe Secretary of Veterans Affairs shall retain the property comprising the Franklin Delano Roosevelt campus of the Department of Veterans Affairs Hudson Valley Health Care System at Montrose, New York, as an element of that system. (b) Limitation on enhanced-used leases \nThe Secretary may not enter into an enhanced-use lease of the property referred to in subsection (a)(1) unless activities under such lease include the provision of services for veterans, including veterans of limited financial means. (c) Preservation of services \n(1) Except as provided in paragraphs (2) and (3), the Secretary shall continue to provide through the facility of the Department of Veterans Affairs at the campus specified in subsection (a) the types and levels of health care services for veterans that are provided through that facility as of the date of the enactment of this Act. (2) The Secretary may consolidate or relocate the spinal cord injury unit of the facility referred to in paragraph (1) at or to another location if the Secretary determines that the consolidation or relocation of the unit is in the best interests of veterans. (3) The Secretary may modify the types and levels of health care services for veterans that are provided through the facility referred to in paragraph (1) if the Secretary determines that increases in the population of veterans served by that facility warrant such changes. (d) Study on housing of low-income veterans \nThe Secretary shall conduct a study of the need for housing of low-income veterans who are served by the Department of Veterans Affairs Hudson Valley Health Care System. The study shall include an assessment of the feasibility and advisability of utilizing a portion of the property referred to in subsection (a)(1) as a means of addressing the need of such veterans for housing.", "id": "HE7A3FC073D374F2AAEB00C6BFB6F7EB", "header": "Limitations on utilization and disposal of Franklin Delano Roosevelt Campus of Department of Veterans Affairs Hudson Valley Health Care System, Montrose, New York", "nested": [ { "text": "(a) Retention and disposal \nThe Secretary of Veterans Affairs shall retain the property comprising the Franklin Delano Roosevelt campus of the Department of Veterans Affairs Hudson Valley Health Care System at Montrose, New York, as an element of that system.", "id": "H6A2BDDE5E06E4D808900A5A17139F94F", "header": "Retention and disposal", "nested": [], "links": [] }, { "text": "(b) Limitation on enhanced-used leases \nThe Secretary may not enter into an enhanced-use lease of the property referred to in subsection (a)(1) unless activities under such lease include the provision of services for veterans, including veterans of limited financial means.", "id": "H4FDD4980D66143D899DE368DFC93A8F3", "header": "Limitation on enhanced-used leases", "nested": [], "links": [] }, { "text": "(c) Preservation of services \n(1) Except as provided in paragraphs (2) and (3), the Secretary shall continue to provide through the facility of the Department of Veterans Affairs at the campus specified in subsection (a) the types and levels of health care services for veterans that are provided through that facility as of the date of the enactment of this Act. (2) The Secretary may consolidate or relocate the spinal cord injury unit of the facility referred to in paragraph (1) at or to another location if the Secretary determines that the consolidation or relocation of the unit is in the best interests of veterans. (3) The Secretary may modify the types and levels of health care services for veterans that are provided through the facility referred to in paragraph (1) if the Secretary determines that increases in the population of veterans served by that facility warrant such changes.", "id": "H5A5AB8E5E4374D208D340626C4B2C47E", "header": "Preservation of services", "nested": [], "links": [] }, { "text": "(d) Study on housing of low-income veterans \nThe Secretary shall conduct a study of the need for housing of low-income veterans who are served by the Department of Veterans Affairs Hudson Valley Health Care System. The study shall include an assessment of the feasibility and advisability of utilizing a portion of the property referred to in subsection (a)(1) as a means of addressing the need of such veterans for housing.", "id": "H4295D0E58BB948C3B83DD700D4EAC23D", "header": "Study on housing of low-income veterans", "nested": [], "links": [] } ], "links": [] }, { "text": "2. Study of Town of Cortlandt Proposal to Transfer Certain Department of Veterans Affairs Facilities to the Town of Cortlandt \n(a) Study \nThe Secretary of Veterans Affairs shall conduct a study of the feasibility of implementation of the proposed plan of the Town of Cortlandt, New York, to take title to certain facilities on the FDR Campus (including the pool, theatre, and other recreation facilities and infrastructure facilities, such as roads, sewage treatment plant, and waterfront facilities), subject to the conditions that— (1) full use of those facilities be made available to the Secretary for the use of veterans in accordance with the mission of the Department of Veterans Affairs on such days and times as the Secretary requires use of those facilities for such purposes, the remaining time to be used by the Town of Cortlandt for its programs and public functions; and (2) the proposed plan would result in a reduction in costs to maintain the facilities that are the subject of the plan and will be beneficial to the veterans being served by the FDR Campus. (b) Implementation \nIf as a result of the study under subsection (a) the Secretary determines that the proposed plan referred to in that subsection would result in a reduction in costs to maintain the facilities that are the subject of the plan and will be beneficial to the veterans being served by the FDR Campus, the Secretary shall take such steps as necessary to provide for the implementation of the plan. (c) FDR Campus \nIn this section, the term FDR Campus means the property referred to in section 1(a)(1).", "id": "H1B1843910BE34D1AA2BD001119AF4410", "header": "Study of Town of Cortlandt Proposal to Transfer Certain Department of Veterans Affairs Facilities to the Town of Cortlandt", "nested": [ { "text": "(a) Study \nThe Secretary of Veterans Affairs shall conduct a study of the feasibility of implementation of the proposed plan of the Town of Cortlandt, New York, to take title to certain facilities on the FDR Campus (including the pool, theatre, and other recreation facilities and infrastructure facilities, such as roads, sewage treatment plant, and waterfront facilities), subject to the conditions that— (1) full use of those facilities be made available to the Secretary for the use of veterans in accordance with the mission of the Department of Veterans Affairs on such days and times as the Secretary requires use of those facilities for such purposes, the remaining time to be used by the Town of Cortlandt for its programs and public functions; and (2) the proposed plan would result in a reduction in costs to maintain the facilities that are the subject of the plan and will be beneficial to the veterans being served by the FDR Campus.", "id": "H104E496E165943DC00ABA369F18600F8", "header": "Study", "nested": [], "links": [] }, { "text": "(b) Implementation \nIf as a result of the study under subsection (a) the Secretary determines that the proposed plan referred to in that subsection would result in a reduction in costs to maintain the facilities that are the subject of the plan and will be beneficial to the veterans being served by the FDR Campus, the Secretary shall take such steps as necessary to provide for the implementation of the plan.", "id": "HD3B6E976B068499FACA2B2D37F674CEA", "header": "Implementation", "nested": [], "links": [] }, { "text": "(c) FDR Campus \nIn this section, the term FDR Campus means the property referred to in section 1(a)(1).", "id": "HDD3F2379C61B488D8CF3306C9DBE9EEB", "header": "FDR Campus", "nested": [], "links": [] } ], "links": [] } ]

[ "Veterans' Affairs Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Essential Waterways Operations and Maintenance Act of 2004.", "id": "H89444101C4B74E3CAA11AEE535D9306B", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Essential waterways operations and maintenance \n(a) In general \nFor each fiscal year, there shall be available to the Secretary of the Army, acting through the Chief of Engineers, for operations and maintenance of essential waterways 5 percent of the amount of duties collected during the preceding fiscal year on articles transported by vessel unladen for purposes of entering the customs territory of the United States. (b) Selection criteria for essential waterways \nFor purposes of this section, an essential waterway is a waterway that— (1) the Secretary of the Army determines provides service to one of the 25 highest ranked United States ports in terms of total tonnage of cargo transported through the port; (2) the Secretary of Energy, in consultation with the Secretary of Homeland Security, determines is a critical component of the United States energy infrastructure; and (3)(A) the Secretary of Homeland Security determines provides service to at least one militarily and economically strategic port; or (B) the Secretary of Transportation determines provides service to at least one commercially strategic port. (c) Maintenance of Effort \nAmounts made available to the Secretary of the Army pursuant to subsection (a) are in addition to amounts otherwise made available to the Secretary for operations and maintenance. (d) Definitions \nFor purposes of this section, the following terms apply: (1) Customs territory of the united states \nThe term customs territory of the United States has the meaning given that term in general note 2 of the Harmonized Tariff Schedule of the United States. (2) Vessel \nThe term vessel has the meaning given that term in section 401 of the Tariff Act of 1930 ( 19 U.S.C. 1401 ).", "id": "HA094F3C4C637421892F006FB1D842BEB", "header": "Essential waterways operations and maintenance", "nested": [ { "text": "(a) In general \nFor each fiscal year, there shall be available to the Secretary of the Army, acting through the Chief of Engineers, for operations and maintenance of essential waterways 5 percent of the amount of duties collected during the preceding fiscal year on articles transported by vessel unladen for purposes of entering the customs territory of the United States.", "id": "HC41010C0D8094815ACA07926EDBDD3FB", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Selection criteria for essential waterways \nFor purposes of this section, an essential waterway is a waterway that— (1) the Secretary of the Army determines provides service to one of the 25 highest ranked United States ports in terms of total tonnage of cargo transported through the port; (2) the Secretary of Energy, in consultation with the Secretary of Homeland Security, determines is a critical component of the United States energy infrastructure; and (3)(A) the Secretary of Homeland Security determines provides service to at least one militarily and economically strategic port; or (B) the Secretary of Transportation determines provides service to at least one commercially strategic port.", "id": "HCF35BAB3059842EC9FED69868300A443", "header": "Selection criteria for essential waterways", "nested": [], "links": [] }, { "text": "(c) Maintenance of Effort \nAmounts made available to the Secretary of the Army pursuant to subsection (a) are in addition to amounts otherwise made available to the Secretary for operations and maintenance.", "id": "H4E1C293984654D22978603AA079F05", "header": "Maintenance of Effort", "nested": [], "links": [] }, { "text": "(d) Definitions \nFor purposes of this section, the following terms apply: (1) Customs territory of the united states \nThe term customs territory of the United States has the meaning given that term in general note 2 of the Harmonized Tariff Schedule of the United States. (2) Vessel \nThe term vessel has the meaning given that term in section 401 of the Tariff Act of 1930 ( 19 U.S.C. 1401 ).", "id": "H97567802543E4CEFB851ADF372456483", "header": "Definitions", "nested": [], "links": [ { "text": "19 U.S.C. 1401", "legal-doc": "usc", "parsable-cite": "usc/19/1401" } ] } ], "links": [ { "text": "19 U.S.C. 1401", "legal-doc": "usc", "parsable-cite": "usc/19/1401" } ] } ]

[ "Ways and Means Committee", "Transportation and Infrastructure Committee" ]

[ { "text": "1. Waiver of grounds for removal of, denial of admission to, David Adekoya \n(a) In general \nNotwithstanding sections 212(a) and 237(a) of the Immigration and Nationality Act , David Adekoya may not be removed from the United States, or denied admission to the United States, by reason of any act of his that is a ground for removal or denial of admission and is reflected in the records of the Department of Homeland Security, or the Visa Office of the Department of State, on the date of the enactment of this Act. (b) Rescission of outstanding order of removal \nThe Secretary of Homeland Security shall rescind any outstanding order of removal, or any finding of inadmissibility or deportability, that has been entered against David Adekoya by reason of any act described in subsection (a). (c) Establishment of good moral character \nNotwithstanding section 101(f) of the Immigration and Nationality Act , any act described in subsection (a) may not be considered in determining whether David Adekoya is, or during any period has been, a person of good moral character for purposes of the Immigration and Nationality Act.", "id": "H8A99BB80147240588EEAB35859136600", "header": "Waiver of grounds for removal of, denial of admission to, David Adekoya", "nested": [ { "text": "(a) In general \nNotwithstanding sections 212(a) and 237(a) of the Immigration and Nationality Act , David Adekoya may not be removed from the United States, or denied admission to the United States, by reason of any act of his that is a ground for removal or denial of admission and is reflected in the records of the Department of Homeland Security, or the Visa Office of the Department of State, on the date of the enactment of this Act.", "id": "HABE011A37CB448C4A5B3F0DB536ED8B", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Rescission of outstanding order of removal \nThe Secretary of Homeland Security shall rescind any outstanding order of removal, or any finding of inadmissibility or deportability, that has been entered against David Adekoya by reason of any act described in subsection (a).", "id": "H4F5B4DA69F5C49258DCFFF31ED5E3D12", "header": "Rescission of outstanding order of removal", "nested": [], "links": [] }, { "text": "(c) Establishment of good moral character \nNotwithstanding section 101(f) of the Immigration and Nationality Act , any act described in subsection (a) may not be considered in determining whether David Adekoya is, or during any period has been, a person of good moral character for purposes of the Immigration and Nationality Act.", "id": "HBDCF8AB93A1E463889008F9C4448C7DE", "header": "Establishment of good moral character", "nested": [], "links": [] } ], "links": [] } ]

[ "Judiciary Committee" ]

[ { "text": "1. Minimum payment rate by Medicare Advantage organizations for critical access hospital services and rural health clinic services \n(a) In general \nSection 1857(e) of the Social Security Act ( 42 U.S.C. 1395w–27(e) ) is amended by adding at the end the following: (4) Payments for inpatient and outpatient critical access hospital services and rural health clinic services \nA contract under this section with an MA organization for the offering of an MA plan shall require the organization to provide for a payment rate under the plan for inpatient and outpatient critical access hospital services and for rural health clinic services furnished to enrollees of the plan (whether or not the services are furnished pursuant to an agreement between such organization and a critical access hospital or a rural health clinic) that is not less than 101 percent of the applicable payment rate established for such services under part A or part B.. (b) Effective date \nThe amendments made by this section shall apply to Medicare Advantage contract years beginning on or after January 1, 2005.", "id": "H0281498D77424AF9BFBF73F689559877", "header": "Minimum payment rate by Medicare Advantage organizations for critical access hospital services and rural health clinic services", "nested": [ { "text": "(a) In general \nSection 1857(e) of the Social Security Act ( 42 U.S.C. 1395w–27(e) ) is amended by adding at the end the following: (4) Payments for inpatient and outpatient critical access hospital services and rural health clinic services \nA contract under this section with an MA organization for the offering of an MA plan shall require the organization to provide for a payment rate under the plan for inpatient and outpatient critical access hospital services and for rural health clinic services furnished to enrollees of the plan (whether or not the services are furnished pursuant to an agreement between such organization and a critical access hospital or a rural health clinic) that is not less than 101 percent of the applicable payment rate established for such services under part A or part B..", "id": "H138FA326948C430EBFFE43070425001C", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 1395w–27(e)", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-27" } ] }, { "text": "(b) Effective date \nThe amendments made by this section shall apply to Medicare Advantage contract years beginning on or after January 1, 2005.", "id": "H55EA8319473344FAA5B7FECEC5E7AE86", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1395w–27(e)", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-27" } ] } ]

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

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HA8B9381985424701B0E73F7213E3FBD9", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nThe Congress finds the following: (1) Mercury is a naturally occurring element and bioaccumulative toxin that is easily absorbed through skin and respiratory and gastrointestinal tissues. (2) Although mercury is naturally occurring, studies have shown that its concentration has increased dramatically over the past 150 to 200 years due to mining and industrial activities. (3) Common sources of mercury released into the environment include breakage of mercury-containing products like fluorescent bulbs and thermometers, the manufacturing of mercury-containing products, and incineration of mercury-containing products. (4) According to recent studies, mercury deposits are a significant public health threat in many States throughout the United States. (5) Fetuses, infants, and young children are at the greatest risk from chronic low level mercury exposure. (6) A study by the Centers for Disease Control and Prevention found that approximately 8 percent of women of childbearing age in the United States had mercury levels exceeding the level considered safe by the Environmental Protection Agency for protecting the fetus. This translates into approximately 60,000 babies born each year in the United States at risk of developmental harm due to mercury exposure in the womb. (7) A study published in the Journal of Obstetrics and Gynecology found that elevated mercury exposures associated with seafood could be linked to an increased risk of infertility in both men and women. (8) Mercury pollution is widespread. As of early 2003, 43 States had issued mercury fish consumption advisories for one or more freshwater or marine fish. (9) Mercury is the most common pollutant triggering fish consumption advisories in the United States. The number of mercury advisories has increased 138 percent from 1994 to 2002. In 2002, mercury advisories covered 12,000,000 lake acres and 470,000 river miles. (10) According to the Mercury Study Report, prepared by the Environmental Protection Agency and submitted to Congress in 1997, mercury fever thermometers contribute approximately 17 tons of mercury to solid waste each year. (11) Numerous mercury spills have been documented in schools, often causing thousands of dollars to clean up. A mercury spill in Washington, D.C., in September of 2003 cost over $1,000,000 to clean up and resulted in a temporary school closure of several weeks. (12) Mercury-containing thermostats generally contain 3 grams of mercury, which is enough mercury to poison a 60 acre lake for one year.", "id": "H8D6DB626D65D45F6AAA6AC95F1EBA5B", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Grant program \n(a) Establishment \nThe Administrator of the Environmental Protection Agency (in this Act referred to as the Administrator ) shall establish a program for making renewable grants to governmental and nonprofit agencies and organizations, and to for-profit entities, for projects to— (1) reduce harmful free-flowing elemental mercury and mercury-added products from the environment; (2) safely dispose of or recycle harmful mercury; (3) educate communities and citizens about the harmful effects of mercury; (4) develop and carry out a plan, in accordance with guidance provided by the Administrator under section 5, on how to eliminate free flowing mercury and instruments containing mercury from the premises of K–12 public and private schools; or (5) carry out a mercury thermometer exchange program. (b) Procedures and selection criteria \nThe Administrator shall establish procedures for the selection of grant recipients under this section, including requirements that appropriate records and information be made available to the Administrator as necessary to ensure that grant funds are used for the purposes for which they are provided. Criteria for selection shall include— (1) strengths and weaknesses of the project; (2) adequacy of overall project design; (3) competency of proposed staff; (4) suitability of applicant’s available resources; (5) appropriateness of the proposed project duration and budget; and (6) probability that the project will accomplish stated objectives. (c) Recycling programs \nFunds provided through a grant provided under this section may be used for a recycling program only if more than 50 percent of the total material recycled under the program is mercury. (d) Administrative expenses \nNot more than 10 percent of the amount appropriated for a fiscal year under subsection (e)(1) may be used by the Administrator for the administrative expenses of carrying out this section. (e) Authorization of appropriations \n(1) In general \nThere are authorized to be appropriated to the Administrator for carrying out this section $75,000,000 for each of the fiscal years 2005 through 2008. (2) Set aside \nFor each of the first 3 fiscal years for which funds are provided under paragraph (1), at least 40 percent of the amounts made available shall be reserved for projects described in subsection (a)(4) or (5), unless a sufficient number of qualified applications has not been received.", "id": "H232426003249413BBA3D47EBD875A5E4", "header": "Grant program", "nested": [ { "text": "(a) Establishment \nThe Administrator of the Environmental Protection Agency (in this Act referred to as the Administrator ) shall establish a program for making renewable grants to governmental and nonprofit agencies and organizations, and to for-profit entities, for projects to— (1) reduce harmful free-flowing elemental mercury and mercury-added products from the environment; (2) safely dispose of or recycle harmful mercury; (3) educate communities and citizens about the harmful effects of mercury; (4) develop and carry out a plan, in accordance with guidance provided by the Administrator under section 5, on how to eliminate free flowing mercury and instruments containing mercury from the premises of K–12 public and private schools; or (5) carry out a mercury thermometer exchange program.", "id": "H6B0F1F56D07745360030C914E6C55D8C", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Procedures and selection criteria \nThe Administrator shall establish procedures for the selection of grant recipients under this section, including requirements that appropriate records and information be made available to the Administrator as necessary to ensure that grant funds are used for the purposes for which they are provided. Criteria for selection shall include— (1) strengths and weaknesses of the project; (2) adequacy of overall project design; (3) competency of proposed staff; (4) suitability of applicant’s available resources; (5) appropriateness of the proposed project duration and budget; and (6) probability that the project will accomplish stated objectives.", "id": "H0123E4A9536E4F5E9E6567746BE817B5", "header": "Procedures and selection criteria", "nested": [], "links": [] }, { "text": "(c) Recycling programs \nFunds provided through a grant provided under this section may be used for a recycling program only if more than 50 percent of the total material recycled under the program is mercury.", "id": "H12CB77A4B16A4868A66D2FC69F5ED39F", "header": "Recycling programs", "nested": [], "links": [] }, { "text": "(d) Administrative expenses \nNot more than 10 percent of the amount appropriated for a fiscal year under subsection (e)(1) may be used by the Administrator for the administrative expenses of carrying out this section.", "id": "HA53F1A29029C4D56A488FD3FB170FB0", "header": "Administrative expenses", "nested": [], "links": [] }, { "text": "(e) Authorization of appropriations \n(1) In general \nThere are authorized to be appropriated to the Administrator for carrying out this section $75,000,000 for each of the fiscal years 2005 through 2008. (2) Set aside \nFor each of the first 3 fiscal years for which funds are provided under paragraph (1), at least 40 percent of the amounts made available shall be reserved for projects described in subsection (a)(4) or (5), unless a sufficient number of qualified applications has not been received.", "id": "HA901849A736F49788229C10058A9B0E7", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Sale of thermometers; thermostat replacement and recycling \n(a) In general \nSubtitle C of the Solid Waste Disposal Act ( 42 U.S.C. 6921 et seq. ) is amended by adding at the end the following: 3024. Mercury \n(a) Sale of thermometers \nEffective beginning 180 days after the date of enactment of this section— (1) a person shall not sell or supply a mercury fever thermometer to a consumer, except by prescription; and (2) with each mercury fever thermometer sold or supplied by prescription, the manufacturer of the thermometer shall provide clear instructions on— (A) careful handling of the thermometer to avoid breakage; and (B) proper cleanup of the thermometer and its contents in the event of breakage. (b) Thermostat replacement \nEffective beginning 2 years after the date of enactment of this section— (1) a contractor who replaces a building thermostat in a residential or commercial building shall dispose of the replaced thermostat through a recycling program established or participated in under paragraph (2); and (2) each manufacturer of building thermostats for installation in a residential or commercial building shall— (A) establish or participate in a program for the safe and environmentally responsible recycling of thermostats replaced by the manufacturer’s thermostats; and (B) establish or participate in a program to clearly educate individuals who sell or install the manufacturer’s thermostats about the program established under subparagraph (A).. (b) Conforming amendment \nSection 1001 of the Solid Waste Disposal Act (42 U.S.C. prec. 6901) is amended by adding at the end of the items relating to subtitle C the following: Sec. 3024. Mercury.", "id": "H999BA740A6EF45D090C7F99539D3B539", "header": "Sale of thermometers; thermostat replacement and recycling", "nested": [ { "text": "(a) In general \nSubtitle C of the Solid Waste Disposal Act ( 42 U.S.C. 6921 et seq. ) is amended by adding at the end the following: 3024. Mercury \n(a) Sale of thermometers \nEffective beginning 180 days after the date of enactment of this section— (1) a person shall not sell or supply a mercury fever thermometer to a consumer, except by prescription; and (2) with each mercury fever thermometer sold or supplied by prescription, the manufacturer of the thermometer shall provide clear instructions on— (A) careful handling of the thermometer to avoid breakage; and (B) proper cleanup of the thermometer and its contents in the event of breakage. (b) Thermostat replacement \nEffective beginning 2 years after the date of enactment of this section— (1) a contractor who replaces a building thermostat in a residential or commercial building shall dispose of the replaced thermostat through a recycling program established or participated in under paragraph (2); and (2) each manufacturer of building thermostats for installation in a residential or commercial building shall— (A) establish or participate in a program for the safe and environmentally responsible recycling of thermostats replaced by the manufacturer’s thermostats; and (B) establish or participate in a program to clearly educate individuals who sell or install the manufacturer’s thermostats about the program established under subparagraph (A)..", "id": "H0C7C1247C94D48E5967D43131D8DAA00", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 6921 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/6921" } ] }, { "text": "(b) Conforming amendment \nSection 1001 of the Solid Waste Disposal Act (42 U.S.C. prec. 6901) is amended by adding at the end of the items relating to subtitle C the following: Sec. 3024. Mercury.", "id": "H57932D864D564E10802F5336EF43D635", "header": "Conforming amendment", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 6921 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/6921" } ] }, { "text": "3024. Mercury \n(a) Sale of thermometers \nEffective beginning 180 days after the date of enactment of this section— (1) a person shall not sell or supply a mercury fever thermometer to a consumer, except by prescription; and (2) with each mercury fever thermometer sold or supplied by prescription, the manufacturer of the thermometer shall provide clear instructions on— (A) careful handling of the thermometer to avoid breakage; and (B) proper cleanup of the thermometer and its contents in the event of breakage. (b) Thermostat replacement \nEffective beginning 2 years after the date of enactment of this section— (1) a contractor who replaces a building thermostat in a residential or commercial building shall dispose of the replaced thermostat through a recycling program established or participated in under paragraph (2); and (2) each manufacturer of building thermostats for installation in a residential or commercial building shall— (A) establish or participate in a program for the safe and environmentally responsible recycling of thermostats replaced by the manufacturer’s thermostats; and (B) establish or participate in a program to clearly educate individuals who sell or install the manufacturer’s thermostats about the program established under subparagraph (A).", "id": "H52BA8373A6EB4FBFAC35A0C827FFDC2", "header": "Mercury", "nested": [ { "text": "(a) Sale of thermometers \nEffective beginning 180 days after the date of enactment of this section— (1) a person shall not sell or supply a mercury fever thermometer to a consumer, except by prescription; and (2) with each mercury fever thermometer sold or supplied by prescription, the manufacturer of the thermometer shall provide clear instructions on— (A) careful handling of the thermometer to avoid breakage; and (B) proper cleanup of the thermometer and its contents in the event of breakage.", "id": "H0A2545CB031747928E667800D73251B2", "header": "Sale of thermometers", "nested": [], "links": [] }, { "text": "(b) Thermostat replacement \nEffective beginning 2 years after the date of enactment of this section— (1) a contractor who replaces a building thermostat in a residential or commercial building shall dispose of the replaced thermostat through a recycling program established or participated in under paragraph (2); and (2) each manufacturer of building thermostats for installation in a residential or commercial building shall— (A) establish or participate in a program for the safe and environmentally responsible recycling of thermostats replaced by the manufacturer’s thermostats; and (B) establish or participate in a program to clearly educate individuals who sell or install the manufacturer’s thermostats about the program established under subparagraph (A).", "id": "H49D20D5908EB4B748270FDB0014F34C", "header": "Thermostat replacement", "nested": [], "links": [] } ], "links": [] }, { "text": "5. School premises guidance \nNot later than 1 year after the date of enactment of this Act, the Administrator shall publish guidance to assist State and local governments to remove elemental free-flowing mercury and mercury-added instruments from the premises of public and private schools. Thermostats, computers, and motorized vehicles shall not be considered instruments for the purposes of this section.", "id": "H554689262DEA46D89C94EB1C3F70D15B", "header": "School premises guidance", "nested": [], "links": [] }, { "text": "6. Annual report \nNot later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator, after obtaining necessary information from appropriate State agencies, shall transmit to the Congress a report on the progress made under this Act. Such report shall include— (1) an executive summary; (2) a brief description of the background of this Act; (3) a State-by-State progress summary of mercury reduction efforts relating to this Act, including a quantitative analysis of the amount of mercury eliminated, recycled, or disposed of in each State, and an identification of the method or program responsible; (4) a description of grants and amounts awarded under section 3, and of the criteria used for awarding those grants; (5) a summary of a few selected mercury reduction programs that received grants, with a description of the success or problems each program had; (6) a detailed financial reporting of total administration costs of carrying out this Act; (7) a joint summary, by the Administrator and appropriate State officials, that describes the coordination and communication progress and problems between the Federal and State Governments in carrying out this Act; and (8) recommendations for greater efficiency or improvement of administration of this Act.", "id": "H5AB5EC92CE19483288103FCB9556F2", "header": "Annual report", "nested": [], "links": [] }, { "text": "7. Mercury amalgam reduction \nNot later than 3 years after the date of enactment of this Act, the Administrator shall issue regulations requiring dentists to install a device that captures 90 percent or more of mercury-laden amalgam on every chair or office structure in which mercury amalgam is administered to their patients. The Administrator may provide for waivers from the requirements of this section for structural obstacle or significant financial economic harm reasons.", "id": "H16412DBDFCD849C992267C355228C986", "header": "Mercury amalgam reduction", "nested": [], "links": [] } ]

[ "Energy and Commerce Committee" ]

[ { "text": "1. Exemption of natural aging process in determination of production period for distilled spirits under Section 263A \n(a) In general \nSection 263A(f) of the Internal Revenue Code of 1986 (relating to general exceptions) is amended by adding at the end the following new paragraph: (5) Exemption of natural aging process in determination of production period for distilled spirits \nFor purposes of this subsection, the production period for distilled spirits shall be determined without regard to any period allocated to the natural aging process.. (b) Effective date \nThe amendment made by this section shall apply to production periods beginning after the date of the enactment of this Act.", "id": "HCE46454EC5B04A7E887314ABFB8E2C09", "header": "Exemption of natural aging process in determination of production period for distilled spirits under Section 263A", "nested": [ { "text": "(a) In general \nSection 263A(f) of the Internal Revenue Code of 1986 (relating to general exceptions) is amended by adding at the end the following new paragraph: (5) Exemption of natural aging process in determination of production period for distilled spirits \nFor purposes of this subsection, the production period for distilled spirits shall be determined without regard to any period allocated to the natural aging process..", "id": "H53857FEA4D2F4506A4D2866FB7B15100", "header": "In general", "nested": [], "links": [ { "text": "Section 263A(f)", "legal-doc": "usc", "parsable-cite": "usc/26/263A" } ] }, { "text": "(b) Effective date \nThe amendment made by this section shall apply to production periods beginning after the date of the enactment of this Act.", "id": "H0F1054049CB14EA397B4F9051C2BDC6B", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Section 263A(f)", "legal-doc": "usc", "parsable-cite": "usc/26/263A" } ] } ]

[ "Ways and Means Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HF92A3814B3B04CC88551B5651F0016F4", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings and purpose \n(a) Findings \nCongress finds as follows: (1) The Coconino National Forest was established in the State of Arizona on July 2, 1908. (2) The Walnut Canyon National Monument in the State of Arizona was originally designated as a national monument by Presidential proclamation on November 30, 1915, to protect Sinaguan cliff dwellings. (3) Since the original designation, the Monument boundaries have been expanded to include 3,580 acres. (4) National Forest System lands and State trust lands in the study area contain significant cultural and natural resources. (5) The Coconino National Forest Land and Resources Management Plan of 1987 identified National Forest System land in the study area as land for nondevelopment or disposal under the National Forest Management Act of 1976 ( 16 U.S.C. 472a , et seq.). (6) State trust land in the study area has been temporarily removed from consideration for development by State agencies with jurisdiction over the State trust land. (7) The communities in the vicinity of the land in the study area support maintaining public uses of the land surrounding the Monument while protecting the resources of the land. (8) Several interest groups have proposed expanding the Monument and designating the expanded area as a national park or national preserve. (9) The city of Flagstaff and Coconino County, Arizona, have passed resolutions supporting further review and study of, and the development of management options for the study area. (10) To determine the appropriate management of the adjacent land, interested parties have requested a study to help identify management options. (b) Purposes \nThe purposes of this Act are— (1) to authorize a study of the study area to evaluate public uses and resource values; and (2) to obtain recommendations for management options for maintenance of the public uses and protection of resources of the study area.", "id": "H3BF6B76ED6144F1B9D92DCE7ACD4E3D1", "header": "Findings and purpose", "nested": [ { "text": "(a) Findings \nCongress finds as follows: (1) The Coconino National Forest was established in the State of Arizona on July 2, 1908. (2) The Walnut Canyon National Monument in the State of Arizona was originally designated as a national monument by Presidential proclamation on November 30, 1915, to protect Sinaguan cliff dwellings. (3) Since the original designation, the Monument boundaries have been expanded to include 3,580 acres. (4) National Forest System lands and State trust lands in the study area contain significant cultural and natural resources. (5) The Coconino National Forest Land and Resources Management Plan of 1987 identified National Forest System land in the study area as land for nondevelopment or disposal under the National Forest Management Act of 1976 ( 16 U.S.C. 472a , et seq.). (6) State trust land in the study area has been temporarily removed from consideration for development by State agencies with jurisdiction over the State trust land. (7) The communities in the vicinity of the land in the study area support maintaining public uses of the land surrounding the Monument while protecting the resources of the land. (8) Several interest groups have proposed expanding the Monument and designating the expanded area as a national park or national preserve. (9) The city of Flagstaff and Coconino County, Arizona, have passed resolutions supporting further review and study of, and the development of management options for the study area. (10) To determine the appropriate management of the adjacent land, interested parties have requested a study to help identify management options.", "id": "H78FF7CBF48D44BCF8B35D8584E113F33", "header": "Findings", "nested": [], "links": [ { "text": "16 U.S.C. 472a", "legal-doc": "usc", "parsable-cite": "usc/16/472a" } ] }, { "text": "(b) Purposes \nThe purposes of this Act are— (1) to authorize a study of the study area to evaluate public uses and resource values; and (2) to obtain recommendations for management options for maintenance of the public uses and protection of resources of the study area.", "id": "HBE691D9A078147BB8C4634CA44B2E3F", "header": "Purposes", "nested": [], "links": [] } ], "links": [ { "text": "16 U.S.C. 472a", "legal-doc": "usc", "parsable-cite": "usc/16/472a" } ] }, { "text": "3. Definitions \nIn this Act: (1) Map \nThe term map means the map entitled Walnut Canyon Proposed Study Area and dated July 17, 2003. (2) Monument \nThe term Monument means the Walnut Canyon National Monument in the State of Arizona. (3) Secretaries \nThe term Secretaries means the Secretary of the Interior and the Secretary of Agriculture, acting jointly. (4) Study area \nThe term study area means the area identified on the map as Walnut Canyon Proposed Study Area , consisting of 30,818 acres, of which— (A) 24,987 acres is Federal land in Coconino National Forest; (B) 2,037 acres is State land; (C) 214 acres is private land; and (D) 3,580 acres is the Monument.", "id": "HE7DE43435F5744F8A0BD5364E08405E7", "header": "Definitions", "nested": [], "links": [] }, { "text": "4. Study \n(a) In general \nThe Secretaries shall conduct a study of the study area. (b) Requirements \nThe study shall evaluate— (1) the significance of the resources of the study area as the resources pertain to— (A) the management objectives of the Forest Service; and (B) the management objectives of the National Park Service; (2) the opportunities for maintaining existing public uses such as grazing, hunting, and recreation; and (3) a range of options for managing and conserving resources by the National Park Service or the Forest Service, or by both agencies acting jointly, including the suitability and feasibility of— (A) a boundary adjustment to the Monument; (B) designation of the study area as a national park or preserve; (C) maintaining the study area as managed by the Forest Service; and (D) any other designation or management option that will accomplish both the protection of resources and the maintenance of public use and access for the study area. (c) Consultation \nIn conducting the study, the Secretaries shall— (1) contract with a third-party consultant with experience in park and land use planning to prepare a draft study; and (2) collaborate with the persons identified in subsection (d) in developing a scope of work for the draft study under the guidance of the third-party consultant. (d) Review; recommendations \nThe Secretaries, the Forest Supervisor of the Coconino National Forest, the Superintendent of the Flagstaff Area National Monuments, the Flagstaff City Council, and the Coconino County Board of Supervisors shall— (1) review the draft study prepared by the third-party consultant; and (2) provide the third-party consultant comments on and recommendations for the draft study. (e) Report \nNot later than 18 months after the date on which funding is made available to carry out this Act, the Secretaries shall submit to Congress a report that— (1) describes the findings and conclusions of the study conducted under this section, including the recommendation of the persons identified in subsection (d); and (2) makes a recommendation for the future management of the study area. (f) Effect \nNothing in this Act affects the management of the land depicted on the Map. (g) Authorization of Appropriations \n(1) In general \nThere are authorized to be appropriated such sums as are necessary to carry out this Act. (2) Effect \nAmounts made available under paragraph (1) shall not affect the amounts otherwise made available for Forest Service or National Park Service activities in the State of Arizona.", "id": "H8BF8B1CC930D47BFB98ED2762C92A58C", "header": "Study", "nested": [ { "text": "(a) In general \nThe Secretaries shall conduct a study of the study area.", "id": "H4183424932F947ABA97F278FD4CFD65", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Requirements \nThe study shall evaluate— (1) the significance of the resources of the study area as the resources pertain to— (A) the management objectives of the Forest Service; and (B) the management objectives of the National Park Service; (2) the opportunities for maintaining existing public uses such as grazing, hunting, and recreation; and (3) a range of options for managing and conserving resources by the National Park Service or the Forest Service, or by both agencies acting jointly, including the suitability and feasibility of— (A) a boundary adjustment to the Monument; (B) designation of the study area as a national park or preserve; (C) maintaining the study area as managed by the Forest Service; and (D) any other designation or management option that will accomplish both the protection of resources and the maintenance of public use and access for the study area.", "id": "HCEC36D5CF6B44ACE8C8FE4E1003F8166", "header": "Requirements", "nested": [], "links": [] }, { "text": "(c) Consultation \nIn conducting the study, the Secretaries shall— (1) contract with a third-party consultant with experience in park and land use planning to prepare a draft study; and (2) collaborate with the persons identified in subsection (d) in developing a scope of work for the draft study under the guidance of the third-party consultant.", "id": "H79CBA485807943CB81DF1F8400000017", "header": "Consultation", "nested": [], "links": [] }, { "text": "(d) Review; recommendations \nThe Secretaries, the Forest Supervisor of the Coconino National Forest, the Superintendent of the Flagstaff Area National Monuments, the Flagstaff City Council, and the Coconino County Board of Supervisors shall— (1) review the draft study prepared by the third-party consultant; and (2) provide the third-party consultant comments on and recommendations for the draft study.", "id": "HF410A9E58FFF4E1AB3E800AEADB68971", "header": "Review; recommendations", "nested": [], "links": [] }, { "text": "(e) Report \nNot later than 18 months after the date on which funding is made available to carry out this Act, the Secretaries shall submit to Congress a report that— (1) describes the findings and conclusions of the study conducted under this section, including the recommendation of the persons identified in subsection (d); and (2) makes a recommendation for the future management of the study area.", "id": "HB6D5543A0A2B4472A9683E70D305C661", "header": "Report", "nested": [], "links": [] }, { "text": "(f) Effect \nNothing in this Act affects the management of the land depicted on the Map.", "id": "H0326C5A0B7C54547001D315B582829CE", "header": " Effect", "nested": [], "links": [] }, { "text": "(g) Authorization of Appropriations \n(1) In general \nThere are authorized to be appropriated such sums as are necessary to carry out this Act. (2) Effect \nAmounts made available under paragraph (1) shall not affect the amounts otherwise made available for Forest Service or National Park Service activities in the State of Arizona.", "id": "H76BE85A6A70444489CED8498EECBE8", "header": "Authorization of Appropriations", "nested": [], "links": [] } ], "links": [] } ]

[ "Natural Resources Committee" ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Comprehensive Assistance for Veterans Exposed to Traumatic Stressors 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. Definition Title I—Veterans of Past Deployments Sec. 101. Extension of eligibility for readjustment counseling services for Vietnam-era veterans Title II—Military Issues Sec. 201. Department of Veterans Affairs-Department of Defense Health Care Sharing Incentive Fund Sec. 202. Collection of aggregate data from pre- and post-deployment health assessments Sec. 203. Telemedicine support for front-line Department of Defense providers Title III—Prevention, Early Detection, and Treatment for Returning Troops Sec. 301. Study to identify factors that decrease the likelihood of the development of chronic PTSD despite combat exposure Sec. 302. Extension of period of enhanced eligibility for VA health services for veterans who served in combat theater of operations Sec. 303. Department of Veterans Affairs to participate in all demobilizations and Transitional Assistance Program activities Sec. 304. Educational materials Sec. 305. Demonstration project to station Department of Veterans Affairs psychologists and psychiatrists at major demobilization sites and military treatment facilities Sec. 306. Model care plan for integrated mental health and a primary care model for PTSD practice Sec. 307. Performance measures for Department of Veterans Affairs health care administrators Title IV—Department of Defense/Department of Veterans Affairs Council on Post-Deployment Mental Health Sec. 401. Establishment of Council Sec. 402. Duties of Council Title V—Capacity Building in Department of Veterans Affairs Sec. 501. Plan for expansion of Department of Veterans Affairs system to expand access to specialized PTSD care Sec. 502. Additional Department of Veterans Affairs resources Title VI—Family Therapy Sec. 601. Eligibility period for counseling and bereavement counseling Title VII—Educational Initiatives Sec. 701. Training program for health-care providers Sec. 702. Curriculum and protocols for cross-training of Department of Veterans Affairs clinicians Sec. 703. Publication of state-of-the-art PTSD diagnosis and treatment Sec. 704. Protocols for pain management for PTSD and war-related pain Sec. 705. Case management techniques for VA PTSD clinicians Title VIII—National Steering Committee on PTSD Education Sec. 801. National Steering Committee Sec. 802. Funding support for National Center for PTSD Sec. 803. Continuing education to mental health providers Sec. 804. Web-based curriculum to sponsor clinician training initiatives Title IX—Benefits Sec. 901. Identification of deficiencies in PTSD disability examinations Sec. 902. Criteria for determining medical conditions associated with PTSD Title X—Public Awareness Sec. 1001. Public awareness program Sec. 1002. Web site and materials for general campaign of awareness of PTSD", "id": "HD37491561EDE42D796284988F20057CF", "header": "Short title; table of contents", "nested": [ { "text": "(a) Short title \nThis Act may be cited as the Comprehensive Assistance for Veterans Exposed to Traumatic Stressors Act of 2004.", "id": "H20ED767B31DC4E2090BD87FA85E47444", "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. Definition Title I—Veterans of Past Deployments Sec. 101. Extension of eligibility for readjustment counseling services for Vietnam-era veterans Title II—Military Issues Sec. 201. Department of Veterans Affairs-Department of Defense Health Care Sharing Incentive Fund Sec. 202. Collection of aggregate data from pre- and post-deployment health assessments Sec. 203. Telemedicine support for front-line Department of Defense providers Title III—Prevention, Early Detection, and Treatment for Returning Troops Sec. 301. Study to identify factors that decrease the likelihood of the development of chronic PTSD despite combat exposure Sec. 302. Extension of period of enhanced eligibility for VA health services for veterans who served in combat theater of operations Sec. 303. Department of Veterans Affairs to participate in all demobilizations and Transitional Assistance Program activities Sec. 304. Educational materials Sec. 305. Demonstration project to station Department of Veterans Affairs psychologists and psychiatrists at major demobilization sites and military treatment facilities Sec. 306. Model care plan for integrated mental health and a primary care model for PTSD practice Sec. 307. Performance measures for Department of Veterans Affairs health care administrators Title IV—Department of Defense/Department of Veterans Affairs Council on Post-Deployment Mental Health Sec. 401. Establishment of Council Sec. 402. Duties of Council Title V—Capacity Building in Department of Veterans Affairs Sec. 501. Plan for expansion of Department of Veterans Affairs system to expand access to specialized PTSD care Sec. 502. Additional Department of Veterans Affairs resources Title VI—Family Therapy Sec. 601. Eligibility period for counseling and bereavement counseling Title VII—Educational Initiatives Sec. 701. Training program for health-care providers Sec. 702. Curriculum and protocols for cross-training of Department of Veterans Affairs clinicians Sec. 703. Publication of state-of-the-art PTSD diagnosis and treatment Sec. 704. Protocols for pain management for PTSD and war-related pain Sec. 705. Case management techniques for VA PTSD clinicians Title VIII—National Steering Committee on PTSD Education Sec. 801. National Steering Committee Sec. 802. Funding support for National Center for PTSD Sec. 803. Continuing education to mental health providers Sec. 804. Web-based curriculum to sponsor clinician training initiatives Title IX—Benefits Sec. 901. Identification of deficiencies in PTSD disability examinations Sec. 902. Criteria for determining medical conditions associated with PTSD Title X—Public Awareness Sec. 1001. Public awareness program Sec. 1002. Web site and materials for general campaign of awareness of PTSD", "id": "HED18C0923A2C4D719E1DDF9DBC88658C", "header": "Table of contents", "nested": [], "links": [] } ], "links": [] }, { "text": "2. Definition \nIn this Act, the term PTSD means post-traumatic stress disorder.", "id": "H6C3D0B2FA5AA47A79B7DF9C5D57F63C", "header": "Definition", "nested": [], "links": [] }, { "text": "101. Extension of eligibility for readjustment counseling services for Vietnam-era veterans \nSection 1712A(a)(1)(B)(ii) of title 38, United States Code, is amended by striking January 1, 2004 and inserting January 1, 2009.", "id": "HE13F57DA12D343AB9BCEDCA542B55F6", "header": "Extension of eligibility for readjustment counseling services for Vietnam-era veterans", "nested": [], "links": [ { "text": "Section 1712A(a)(1)(B)(ii)", "legal-doc": "usc", "parsable-cite": "usc/38/1712A" } ] }, { "text": "201. Department of Veterans Affairs-Department of Defense Health Care Sharing Incentive Fund \n(a) In general \nThe Secretary of Veterans Affairs and the Secretary of Defense shall jointly take such steps as necessary to implement the proposal of the Center for the Study of Traumatic Stress at the Uniformed Services University of the Health Sciences for a Department of Veterans Affairs-Department of Defense Health Care Sharing Incentive Fund. (b) Telecommunications support \nAs part of the implementation of such proposal, the two Secretaries shall provide for a system of telecommunications to support the following: (1) Continuing education and support for front-line (forward-deployed) providers of health-care services. (2) Enhanced treatment capacity for addressing acute episodes of PTSD.", "id": "H8A48EEA4D2D149FA973CEA2D506F37C", "header": "Department of Veterans Affairs-Department of Defense Health Care Sharing Incentive Fund", "nested": [ { "text": "(a) In general \nThe Secretary of Veterans Affairs and the Secretary of Defense shall jointly take such steps as necessary to implement the proposal of the Center for the Study of Traumatic Stress at the Uniformed Services University of the Health Sciences for a Department of Veterans Affairs-Department of Defense Health Care Sharing Incentive Fund.", "id": "H02D109E02A784E21BC9ECB00E12B9EF7", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Telecommunications support \nAs part of the implementation of such proposal, the two Secretaries shall provide for a system of telecommunications to support the following: (1) Continuing education and support for front-line (forward-deployed) providers of health-care services. (2) Enhanced treatment capacity for addressing acute episodes of PTSD.", "id": "H222D4CD9A5084253A824DA2218341166", "header": "Telecommunications support", "nested": [], "links": [] } ], "links": [] }, { "text": "202. Collection of aggregate data from pre- and post-deployment health assessments \n(a) Data collection \nThe Secretary of Defense shall take appropriate steps to assist the Secretary of Veterans Affairs with the collection of data from pre- and post-deployment health assessments of members of the Armed Forces that may be relevant for identification and treatment of PTSD. (b) Consent forms \nThe Secretary of Defense shall develop forms to obtain the written consent of members of the Armed Forces to allow the Department of Veterans Affairs to collect data contained on pre-deployment and post-deployment health assessment forms with relevant treatment information concerning PTSD from those members of the Armed Forces to be discharged or demobilized within 90 days. Such forms shall be developed within 60 days of the date of the enactment of this Act. (c) Preventative maintenance post-deployment intervention \n(1) In general \nThe Secretary of Veterans Affairs shall conduct routine preventative maintenance intervention for all members of the Armed Forces returning from deployment in a combat theater. Such intervention shall be conducted between 90 and 180 days after such members return from such deployment. (2) Personnel \nFor purposes of such intervention, the Secretary of Veterans Affairs may use staff of the Department of Veterans Affairs, including readjustment counseling staff, or persons trained by the Department of Veterans Affairs, including volunteers from military unit associations, veteran service organizations, or other nonprofit organizations. (3) Size \nSuch intervention shall be conducted with no more than 6 returning servicemembers at a time. (4) Purpose \nThe purpose of such intervention shall be the following: (A) To identify and distinguish symptoms of “common” acute stress reactions from those of chronic and severe post-traumatic stress disorder. (B) To discuss concerns of combat personnel and those expressed by their family members. (C) To refer returning servicemembers to appropriate services, as necessary. (D) To disseminate educational materials about PTSD to servicemembers. (E) To provide follow-up educational materials by mail to family members. (d) Identification of Substance Use Disorders \nThe Secretary of Defense shall add questions to pre-deployment and post-deployment screens to assist in identification of existing or potential substance use disorders among members of the Armed Forces. (e) Substance use disorder treatment protocols \nThe Secretary of Defense shall develop appropriate substance use disorder treatment protocols for assistance in combat areas of operations and on return to the United States.", "id": "HF018238BBB1B42CFA454F12D00D257A1", "header": "Collection of aggregate data from pre- and post-deployment health assessments", "nested": [ { "text": "(a) Data collection \nThe Secretary of Defense shall take appropriate steps to assist the Secretary of Veterans Affairs with the collection of data from pre- and post-deployment health assessments of members of the Armed Forces that may be relevant for identification and treatment of PTSD.", "id": "H33498CD9FCAD4EE3A6FB4FB7AF735913", "header": "Data collection", "nested": [], "links": [] }, { "text": "(b) Consent forms \nThe Secretary of Defense shall develop forms to obtain the written consent of members of the Armed Forces to allow the Department of Veterans Affairs to collect data contained on pre-deployment and post-deployment health assessment forms with relevant treatment information concerning PTSD from those members of the Armed Forces to be discharged or demobilized within 90 days. Such forms shall be developed within 60 days of the date of the enactment of this Act.", "id": "H0C74F8C83C3A4EFC80F3D232E9599E9", "header": "Consent forms", "nested": [], "links": [] }, { "text": "(c) Preventative maintenance post-deployment intervention \n(1) In general \nThe Secretary of Veterans Affairs shall conduct routine preventative maintenance intervention for all members of the Armed Forces returning from deployment in a combat theater. Such intervention shall be conducted between 90 and 180 days after such members return from such deployment. (2) Personnel \nFor purposes of such intervention, the Secretary of Veterans Affairs may use staff of the Department of Veterans Affairs, including readjustment counseling staff, or persons trained by the Department of Veterans Affairs, including volunteers from military unit associations, veteran service organizations, or other nonprofit organizations. (3) Size \nSuch intervention shall be conducted with no more than 6 returning servicemembers at a time. (4) Purpose \nThe purpose of such intervention shall be the following: (A) To identify and distinguish symptoms of “common” acute stress reactions from those of chronic and severe post-traumatic stress disorder. (B) To discuss concerns of combat personnel and those expressed by their family members. (C) To refer returning servicemembers to appropriate services, as necessary. (D) To disseminate educational materials about PTSD to servicemembers. (E) To provide follow-up educational materials by mail to family members.", "id": "HDDB954D69CCA4A98A7185CE1B1365331", "header": "Preventative maintenance post-deployment intervention", "nested": [], "links": [] }, { "text": "(d) Identification of Substance Use Disorders \nThe Secretary of Defense shall add questions to pre-deployment and post-deployment screens to assist in identification of existing or potential substance use disorders among members of the Armed Forces.", "id": "HAC51CB23A7C642A3985DA6B3D22C9F9", "header": "Identification of Substance Use Disorders", "nested": [], "links": [] }, { "text": "(e) Substance use disorder treatment protocols \nThe Secretary of Defense shall develop appropriate substance use disorder treatment protocols for assistance in combat areas of operations and on return to the United States.", "id": "H2A0BA1004A44480B9D21BFB0962319AE", "header": "Substance use disorder treatment protocols", "nested": [], "links": [] } ], "links": [] }, { "text": "203. Telemedicine support for front-line Department of Defense providers \nThe Secretary of Defense shall, in conjunction with the Secretary of Veterans Affairs, establish a program to provide telemedicine support to Department of Defense health-care providers in combat theaters. Such telemedicine support shall include real-time access to clinical specialty support, Web-based information on state-of-the-art protocols for the treatment and diagnosis of PTSD, and educational programs concerning PTSD.", "id": "H0F8328DCB9B9467E9FF5CD89BB19695", "header": "Telemedicine support for front-line Department of Defense providers", "nested": [], "links": [] }, { "text": "301. Study to identify factors that decrease the likelihood of the development of chronic PTSD despite combat exposure \n(a) Study \nThe Secretary of Veterans Affairs shall provide for a study, to be conducted by an entity other than the Department of Veterans Affairs and the Department of Defense, to identify factors that decrease the likelihood of the development of chronic post-traumatic stress disorder (PTSD) in servicemembers and veterans who have had combat exposure, including exposure to guerilla warfare. (b) Report \nThe Secretary shall provide for the entity conducting the study under subsection (a) to submit a report on the results of the study to the Secretary and the Congress not later than one year after the date of the enactment of this Act.", "id": "HB7470D63F9BE4E6CAC54A3BC5653DCAF", "header": " Study to identify factors that decrease the likelihood of the development of chronic PTSD despite combat exposure", "nested": [ { "text": "(a) Study \nThe Secretary of Veterans Affairs shall provide for a study, to be conducted by an entity other than the Department of Veterans Affairs and the Department of Defense, to identify factors that decrease the likelihood of the development of chronic post-traumatic stress disorder (PTSD) in servicemembers and veterans who have had combat exposure, including exposure to guerilla warfare.", "id": "HF3007FD1E87A42359838DC12F8009800", "header": "Study", "nested": [], "links": [] }, { "text": "(b) Report \nThe Secretary shall provide for the entity conducting the study under subsection (a) to submit a report on the results of the study to the Secretary and the Congress not later than one year after the date of the enactment of this Act.", "id": "HC07310EDC5B44B228F68111BD5536B55", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "302. Extension of period of enhanced eligibility for VA health services for veterans who served in combat theater of operations \nSection 1710(e)(3)(C) of title 38, United States Code, is amended by striking 2 years and inserting 5 years.", "id": "H9B5E47C28C464337A045003D0015F600", "header": "Extension of period of enhanced eligibility for VA health services for veterans who served in combat theater of operations", "nested": [], "links": [ { "text": "Section 1710(e)(3)(C)", "legal-doc": "usc", "parsable-cite": "usc/38/1710" } ] }, { "text": "303. Department of Veterans Affairs to participate in all demobilizations and Transitional Assistance Program activities \n(a) In general \nThe Secretary of Defense shall provide for the Secretary of Veterans Affairs to participate in all demobilization and Transitional Assistance Program activities conducted within the Department of Defense so as to enhance the capability of the Secretary of Veterans Affairs to identify risk factors for development of chronic PTSD. (b) Homelessness risk awareness \nIn any activity referred to in subsection (a), the Secretary of Defense and the Secretary of Veterans Affairs shall provide information concerning homelessness, including risk factors, awareness assessment, and contact information for preventative assistance associated with homelessness.", "id": "HF7C684F37ED148E69538C33427A609FE", "header": "Department of Veterans Affairs to participate in all demobilizations and Transitional Assistance Program activities", "nested": [ { "text": "(a) In general \nThe Secretary of Defense shall provide for the Secretary of Veterans Affairs to participate in all demobilization and Transitional Assistance Program activities conducted within the Department of Defense so as to enhance the capability of the Secretary of Veterans Affairs to identify risk factors for development of chronic PTSD.", "id": "H2821ADC17BFD44A8BAADD4CB45197A4", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Homelessness risk awareness \nIn any activity referred to in subsection (a), the Secretary of Defense and the Secretary of Veterans Affairs shall provide information concerning homelessness, including risk factors, awareness assessment, and contact information for preventative assistance associated with homelessness.", "id": "HC32FCD1963814BB3838CF265B1A7DBE3", "header": "Homelessness risk awareness", "nested": [], "links": [] } ], "links": [] }, { "text": "304. Educational materials \nThe Secretary of Veterans Affairs shall develop educational materials concerning PTSD for members of the Armed Forces returning from deployments in combat theaters and their family members. The Secretary of Defense shall assist in making those materials available to such members and family members.", "id": "H33DB1E0C043D470CA6DD7B46E4985338", "header": "Educational materials", "nested": [], "links": [] }, { "text": "305. Demonstration project to station Department of Veterans Affairs psychologists and psychiatrists at major demobilization sites and military treatment facilities \n(a) Demonstration project \nThe Secretary of Defense and the Secretary of Veterans Affairs shall jointly provide for the conduct of a demonstration project under which Department of Veterans Affairs psychologists and psychiatrists are stationed at major demobilization sites and military treatment facilities. (b) Purpose \nThe purposes of the demonstration project shall be as follows: (1) Identify, on an aggregate level, need for mental health services among active-duty, Reserve, and National Guard members. (2) Provide such services or refer members for necessary services. (3) Advise servicemembers of the need for continuous services. (4) Identify the obstacles servicemembers have in seeking appropriate mental health care. (c) Funding \nThere is authorized to be appropriated such sums as may be necessary for each of fiscal years 2005, 2006, and 2007 for the conduct of the demonstration project. Amounts for the conduct of the project shall be provided equally by the Secretary of Veterans Affairs and the Secretary of Defense. (d) Report \nThe Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report providing the results of the demonstration project. The report shall be submitted not later than 18 months after the date of the enactment of this Act.", "id": "H1FFBAE9E2CC24B6DA60098AE1029EC77", "header": "Demonstration project to station Department of Veterans Affairs psychologists and psychiatrists at major demobilization sites and military treatment facilities", "nested": [ { "text": "(a) Demonstration project \nThe Secretary of Defense and the Secretary of Veterans Affairs shall jointly provide for the conduct of a demonstration project under which Department of Veterans Affairs psychologists and psychiatrists are stationed at major demobilization sites and military treatment facilities.", "id": "HC2656C2A3D4D40FF9FE0C171DC185540", "header": "Demonstration project", "nested": [], "links": [] }, { "text": "(b) Purpose \nThe purposes of the demonstration project shall be as follows: (1) Identify, on an aggregate level, need for mental health services among active-duty, Reserve, and National Guard members. (2) Provide such services or refer members for necessary services. (3) Advise servicemembers of the need for continuous services. (4) Identify the obstacles servicemembers have in seeking appropriate mental health care.", "id": "HF32327EB072541E58B0731DA85B75CEB", "header": "Purpose", "nested": [], "links": [] }, { "text": "(c) Funding \nThere is authorized to be appropriated such sums as may be necessary for each of fiscal years 2005, 2006, and 2007 for the conduct of the demonstration project. Amounts for the conduct of the project shall be provided equally by the Secretary of Veterans Affairs and the Secretary of Defense.", "id": "HBAD0A5A1F505452A8895723FAAEAB758", "header": "Funding", "nested": [], "links": [] }, { "text": "(d) Report \nThe Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report providing the results of the demonstration project. The report shall be submitted not later than 18 months after the date of the enactment of this Act.", "id": "HE4B151EDA9724D658DC2548B20007FB6", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "306. Model care plan for integrated mental health and a primary care model for PTSD practice \n(a) Model care plan \nThe Secretary of Veterans Affairs shall develop and implement a “model care” plan for integrated mental health and primary care model for PTSD practice. The plan shall be implemented at three sites selected by the Secretary. (b) Purpose \nThe purpose of the model care plan shall be as follows: (1) Develop training protocols for involved clinicians. (2) Identify medical conditions which may be associated with PTSD. (3) Identify “best practices” for treatment of PTSD. (4) Disseminate results to the Veterans Health Administration and the Veterans Benefits Administration of the Department of Veterans Affairs. (c) Authorization \nThere is authorized to be appropriated for the purposes of subsection (a) the amount of $1,000,000 for each of fiscal years 2005, 2006, and 2007.", "id": "H03D2E8E2C54B4BFA8D4468A5087DC6C8", "header": "Model care plan for integrated mental health and a primary care model for PTSD practice", "nested": [ { "text": "(a) Model care plan \nThe Secretary of Veterans Affairs shall develop and implement a “model care” plan for integrated mental health and primary care model for PTSD practice. The plan shall be implemented at three sites selected by the Secretary.", "id": "HDDF4B031228646BD8719B62600BF80E5", "header": "Model care plan", "nested": [], "links": [] }, { "text": "(b) Purpose \nThe purpose of the model care plan shall be as follows: (1) Develop training protocols for involved clinicians. (2) Identify medical conditions which may be associated with PTSD. (3) Identify “best practices” for treatment of PTSD. (4) Disseminate results to the Veterans Health Administration and the Veterans Benefits Administration of the Department of Veterans Affairs.", "id": "H5B9C836FA83747EBBFEB8737656D9416", "header": "Purpose", "nested": [], "links": [] }, { "text": "(c) Authorization \nThere is authorized to be appropriated for the purposes of subsection (a) the amount of $1,000,000 for each of fiscal years 2005, 2006, and 2007.", "id": "HA5F5FD846D964B5095002963D0DB54AA", "header": "Authorization", "nested": [], "links": [] } ], "links": [] }, { "text": "307. Performance measures for Department of Veterans Affairs health care administrators \n(a) Performance measures \nThe Secretary of Defense and the Secretary of Veterans Affairs, acting through the Department of Defense/Department of Veterans Affairs Council on Post-Deployment Mental Health established under section 401, shall develop performance measures for Department of Veterans Affairs regional health-care directors (referred to as VISN directors) and Department of Defense TRICARE regional managers to ensure the appropriate deployment of resources to implement the Iraq war clinical practice guidelines. (b) Use of performance measures \nThe performance measures under subsection (a) shall be designed to assess— (1) access and availability of PTSD treatment for servicemembers returned from deployment in a combat theater; and (2) implementation of the Iraq War Clinical Practice Guidelines.", "id": "HF94464363EEE44DC9CC4DB22E61CC7F5", "header": "Performance measures for Department of Veterans Affairs health care administrators", "nested": [ { "text": "(a) Performance measures \nThe Secretary of Defense and the Secretary of Veterans Affairs, acting through the Department of Defense/Department of Veterans Affairs Council on Post-Deployment Mental Health established under section 401, shall develop performance measures for Department of Veterans Affairs regional health-care directors (referred to as VISN directors) and Department of Defense TRICARE regional managers to ensure the appropriate deployment of resources to implement the Iraq war clinical practice guidelines.", "id": "H4AC58CAB5AF14517BB515D7E58C6C97E", "header": "Performance measures", "nested": [], "links": [] }, { "text": "(b) Use of performance measures \nThe performance measures under subsection (a) shall be designed to assess— (1) access and availability of PTSD treatment for servicemembers returned from deployment in a combat theater; and (2) implementation of the Iraq War Clinical Practice Guidelines.", "id": "HE852BF85B50A443B8EFC23A6BA663745", "header": "Use of performance measures", "nested": [], "links": [] } ], "links": [] }, { "text": "401. Establishment of Council \nThe Secretary of Defense and the Secretary of Veterans Affairs shall jointly establish a council to be known as the Department of Defense/Department of Veterans Affairs Council on Post-Deployment Mental Health. The council shall be composed of leadership of the two departments in the areas of mental health, PTSD, substance abuse, and military sexual trauma. The council shall be established not later than 120 days after the date of the enactment of this Act.", "id": "H6259EE6C757C46DC85C8DD6F362E13", "header": "Establishment of Council", "nested": [], "links": [] }, { "text": "402. Duties of Council \n(a) Duties \nThe Department of Defense/Department of Veterans Affairs Council on Post-Deployment Mental Health shall have the following duties: (1) Review of the continuum of care between the Department of Defense and the Department of Veterans Affairs for mental health, PTSD, substance abuse, and military sexual trauma. (2) Identification of gaps in the treatment capability of the health-care systems of the Department of Defense and Department of Veterans Affairs for mental health, PTSD, substance abuse, and military sexual trauma and expected gaps in such continuum, with emphasis on access to services in rural areas, to meet the expected demand from current users and servicemembers returning from Operation Iraqi Freedom and Operation Enduring Freedom and other deployments. (3) Promotion, within both systems, of an educational program to implement the jointly developed Iraq War Clinical Practice Guidelines. (4) Development of outcome monitors and quality improvement instruments to ensure that internal policy regarding PTSD is implemented (including TRICARE and VISN directors’ performance measures under section 307). (5) Recommendation of policies to reduce the stigma associated with the seeking of mental health care by active-duty, Reserve, and National Guard members. (6) Identification of the highest post-deployment mental health research priorities for the two departments. (7) Communications to inform active-duty servicemembers and veterans of matters relating to PTSD. (8) Meet at least annually with stakeholder groups comprised of veterans, veterans service organizations, and family members of veterans receiving care from the Department of Veterans Affairs mental health programs, and mental health associations. (b) Report \nThe Council shall prepare a report based on the reviews under paragraphs (1) and (2) of subsection (a) to identify the necessary resources to create or enhance PTSD treatment capabilities. The report shall be made available to the Secretary of both Departments for comment. The Secretaries shall indicate recommendations in which they concur or disagree and include specific plans for implementation of any recommendations accepted. The report, with the comments and recommendations of the two Secretaries shall be submitted to the Committees on Veterans’ Affairs and the Committees on Armed Services of the Senate and House of Representatives not later than one year after the date of the enactment of this Act. The report shall include priority listing of sites which require investments according to the greatest perceived need for PTSD services.", "id": "HFF113233C4964C28A49B39092C475237", "header": "Duties of Council", "nested": [ { "text": "(a) Duties \nThe Department of Defense/Department of Veterans Affairs Council on Post-Deployment Mental Health shall have the following duties: (1) Review of the continuum of care between the Department of Defense and the Department of Veterans Affairs for mental health, PTSD, substance abuse, and military sexual trauma. (2) Identification of gaps in the treatment capability of the health-care systems of the Department of Defense and Department of Veterans Affairs for mental health, PTSD, substance abuse, and military sexual trauma and expected gaps in such continuum, with emphasis on access to services in rural areas, to meet the expected demand from current users and servicemembers returning from Operation Iraqi Freedom and Operation Enduring Freedom and other deployments. (3) Promotion, within both systems, of an educational program to implement the jointly developed Iraq War Clinical Practice Guidelines. (4) Development of outcome monitors and quality improvement instruments to ensure that internal policy regarding PTSD is implemented (including TRICARE and VISN directors’ performance measures under section 307). (5) Recommendation of policies to reduce the stigma associated with the seeking of mental health care by active-duty, Reserve, and National Guard members. (6) Identification of the highest post-deployment mental health research priorities for the two departments. (7) Communications to inform active-duty servicemembers and veterans of matters relating to PTSD. (8) Meet at least annually with stakeholder groups comprised of veterans, veterans service organizations, and family members of veterans receiving care from the Department of Veterans Affairs mental health programs, and mental health associations.", "id": "H3C780DDF03C04B329649DED06900C688", "header": "Duties", "nested": [], "links": [] }, { "text": "(b) Report \nThe Council shall prepare a report based on the reviews under paragraphs (1) and (2) of subsection (a) to identify the necessary resources to create or enhance PTSD treatment capabilities. The report shall be made available to the Secretary of both Departments for comment. The Secretaries shall indicate recommendations in which they concur or disagree and include specific plans for implementation of any recommendations accepted. The report, with the comments and recommendations of the two Secretaries shall be submitted to the Committees on Veterans’ Affairs and the Committees on Armed Services of the Senate and House of Representatives not later than one year after the date of the enactment of this Act. The report shall include priority listing of sites which require investments according to the greatest perceived need for PTSD services.", "id": "H6C7BEDC6C87C40C593006DC82D3F8F4E", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "501. Plan for expansion of Department of Veterans Affairs system to expand access to specialized PTSD care \nBased upon the report under section 402(b), the Secretary of Veterans Affairs shall develop a plan for the Department of Veterans Affairs to expand access to specialized PTSD care through— (1) Readjustment Counseling Service centers operated under section 1712A of title 38, United States Code; (2) community-based outpatient clinics; and (3) telemedicine.", "id": "H88D6BE3ECDE0488F9D2700CCD13E328F", "header": "Plan for expansion of Department of Veterans Affairs system to expand access to specialized PTSD care", "nested": [], "links": [ { "text": "section 1712A", "legal-doc": "usc", "parsable-cite": "usc/38/1712A" } ] }, { "text": "502. Additional Department of Veterans Affairs resources \nIn order to improve access to mental health services, the Secretary of Veterans Affairs shall provide the following: (1) 100 additional full-time equivalent employees to Readjustment Counseling Service outstations. (2) A PTSD Clinical Team at every medical center of the Veterans Health Administration. (3) A family therapist at each Vet Center. (4) A PTSD Coordinator in each regional network referred to as a Veterans Integrated Service Network (VISN ) whose duties shall include— (A) development of plans for meeting PTSD treatment needs consistent with the report under section 402(b); (B) assurance of implementation of clinical practice guidelines throughout the VISN; (C) liaison among all health-care sites in the VISN and the Department Central Office on matters relating to PTSD. (5) A PTSD coordinator in each regional office of the Readjustment Counseling Service whose duties shall include liaison with regional office staff and medical centers for veterans seeking service-connection for PTSD.", "id": "HC064E2C023D54A129742F0C511DD8A2", "header": "Additional Department of Veterans Affairs resources", "nested": [], "links": [] }, { "text": "601. Eligibility period for counseling and bereavement counseling \nThe Secretary of Veterans Affairs may provide counseling to the immediate family members of veterans with service-connected disabilities and bereavement counseling to the immediate family members of members of the Armed Forces who are killed in action for up to one year after the initial services are delivered to eligible family members.", "id": "HB375B9FBCD074F44006609381D9DB3D4", "header": "Eligibility period for counseling and bereavement counseling", "nested": [], "links": [] }, { "text": "701. Training program for health-care providers \nThe Secretary of Veterans Affairs and the Secretary of Defense shall jointly develop a broad training program for all health-care providers in the Department of Veterans Affairs and the Department of Defense to familiarize those providers with mental health-care issues that are likely to arise among persons deployed to combat theaters during the five years after such a deployment.", "id": "HEFCBE43E5EA44145AC418520E4E3443E", "header": "Training program for health-care providers", "nested": [], "links": [] }, { "text": "702. Curriculum and protocols for cross-training of Department of Veterans Affairs clinicians \nThe Secretary of Veterans Affairs shall develop a curriculum and required protocols for cross-training to allow the following clinicians of the Department of Veterans Affairs to screen for PTSD and, as appropriate, provide information and appropriate referral: (1) Primary care providers. (2) Practitioners assigned as Gulf War points-of-contact. (3) Clinicians assigned as case managers.", "id": "HA74436EDFD43435194C862DDC0948307", "header": "Curriculum and protocols for cross-training of Department of Veterans Affairs clinicians", "nested": [], "links": [] }, { "text": "703. Publication of state-of-the-art PTSD diagnosis and treatment \nThe Secretary of Veterans Affairs and the Secretary of Defense shall jointly develop a plan for the production and dissemination of publications to advise clinicians on state-of-the-art PTSD diagnosis and treatment, including any medical conditions associated with PTSD.", "id": "HC9B837901F7949AAB1C6F7232207007D", "header": "Publication of state-of-the-art PTSD diagnosis and treatment", "nested": [], "links": [] }, { "text": "704. Protocols for pain management for PTSD and war-related pain \nThe Secretary of Veterans Affairs and the Secretary of Defense shall jointly develop protocols for pain management for PTSD and war-related pain.", "id": "H2BF477BB7BF24A62AB24761F95518705", "header": "Protocols for pain management for PTSD and war-related pain", "nested": [], "links": [] }, { "text": "705. Case management techniques for VA PTSD clinicians \nThe Secretary of Veterans Affairs shall assist in development of case management techniques for PTSD clinicians of the Department of Veterans Affairs.", "id": "H304C0AC292EA49A49FACBB9CC849CA74", "header": "Case management techniques for VA PTSD clinicians", "nested": [], "links": [] }, { "text": "801. National Steering Committee \n(a) Establishment \nThere is a National Steering Committee on PTSD Education, to be appointed by the joint council established under title IV. The committee shall be comprised of mental health and other health professionals and health educators involved in the care of veterans of current deployments. (b) Purpose \nThe committee shall review training protocols for health-care providers and plans for dissemination of educational materials to veterans, their families, and other relevant parties and shall identify the resources available to provide for these purposes. (c) Meetings \nThe committee shall meet at least once annually.", "id": "H3632E308681840B5B31BBF914CA51591", "header": "National Steering Committee", "nested": [ { "text": "(a) Establishment \nThere is a National Steering Committee on PTSD Education, to be appointed by the joint council established under title IV. The committee shall be comprised of mental health and other health professionals and health educators involved in the care of veterans of current deployments.", "id": "HD977F0F545F34259AEB8E39ECFE2BB06", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Purpose \nThe committee shall review training protocols for health-care providers and plans for dissemination of educational materials to veterans, their families, and other relevant parties and shall identify the resources available to provide for these purposes.", "id": "HEB1966F3917D44DAA073B72CF95E3B79", "header": "Purpose", "nested": [], "links": [] }, { "text": "(c) Meetings \nThe committee shall meet at least once annually.", "id": "H3F756E2F9A5146A499F036A952EDC796", "header": "Meetings", "nested": [], "links": [] } ], "links": [] }, { "text": "802. Funding support for National Center for PTSD \nThere is authorized to be appropriated to the Secretary of Veterans Affairs for the National Center for PTSD to assist in carrying out a joint educational initiative with the Uniformed Services University of the Health Sciences the amount of $5,000,000 for each of the fiscal years 2005 through 2014.", "id": "HA86FFA5E4CCA4A38ACA3F7FA8F82D0DC", "header": "Funding support for National Center for PTSD", "nested": [], "links": [] }, { "text": "803. Continuing education to mental health providers \nThe National Steering Committee established under section 801 shall provide continuing education to mental health providers in the Department of Veterans Affairs and the Department of Defense.", "id": "H700109FCD1CD4776A40786295799B577", "header": "Continuing education to mental health providers", "nested": [], "links": [] }, { "text": "804. Web-based curriculum to sponsor clinician training initiatives \nThe National Steering Committee established under section 801 shall develop a Web-based curriculum to sponsor clinician training initiatives.", "id": "H566FA15F11D44D12A5EC4C78DF3C3CEA", "header": "Web-based curriculum to sponsor clinician training initiatives", "nested": [], "links": [] }, { "text": "901. Identification of deficiencies in PTSD disability examinations \n(a) Identification of deficiencies \nThe Secretary of Veterans Affairs shall establish a protocol to identify deficiencies in compensation and pension examinations conducted by the Secretary to determine if a veteran has PTSD and, if the veteran is determined to have PTSD, the degree of disabilty associated with that diagnosis. (b) Plan \nBased upon the identification of deficiencies pursuant to subsection (a), the Secretary shall establish and implement a plan for addressing those deficiencies.", "id": "H12C6BAA46D7A4C02870845C23BF66CCE", "header": "Identification of deficiencies in PTSD disability examinations", "nested": [ { "text": "(a) Identification of deficiencies \nThe Secretary of Veterans Affairs shall establish a protocol to identify deficiencies in compensation and pension examinations conducted by the Secretary to determine if a veteran has PTSD and, if the veteran is determined to have PTSD, the degree of disabilty associated with that diagnosis.", "id": "H442D48EE87E844C28E39B0B116F50569", "header": "Identification of deficiencies", "nested": [], "links": [] }, { "text": "(b) Plan \nBased upon the identification of deficiencies pursuant to subsection (a), the Secretary shall establish and implement a plan for addressing those deficiencies.", "id": "HDB0F939186EF43B9002F601E8318F6A6", "header": "Plan", "nested": [], "links": [] } ], "links": [] }, { "text": "902. Criteria for determining medical conditions associated with PTSD \nThe Secretary of Veterans Affairs shall develop— (1) criteria for determining which medical conditions are as likely as not to be associated with PTSD; and (2) standards for determining when secondary service-connection should be granted for those conditions.", "id": "HEE29156F4DC44337AF319396FCADF582", "header": "Criteria for determining medical conditions associated with PTSD", "nested": [], "links": [] }, { "text": "1001. Public awareness program \nThe Secretary of Veterans Affairs shall conduct an aggressive, comprehensive outreach program to enhance the awareness of veterans, and the public in general, of the symptoms of PTSD and of the services available for veterans with those symptoms. The Secretary of Defense shall provide the Secretary of Veterans Affairs with such assistance as may be required for the purposes of such program. To the extent practicable, the program shall be conducted through the joint council established under title IV.", "id": "HAC02EC8DA6C64FF68635B3BA73DC5DB4", "header": "Public awareness program", "nested": [], "links": [] }, { "text": "1002. Web site and materials for general campaign of awareness of PTSD \nAs part of the program under this title, the Secretary of Veterans Affairs shall develop and continually update a Web site and materials, including pamphlets, news releases, fact sheets, and other materials, for the purposes of a general campaign of awareness of post-traumatic stress disorder.", "id": "HF147462A4C6D493CAFDC4DEC428BB084", "header": "Web site and materials for general campaign of awareness of PTSD", "nested": [], "links": [] } ]

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

[ { "text": "1. Automatic acquisition of citizenship for certain immigrants born in Korea, Vietnam, Laos, Kampuchea, or Thailand \n(a) In general \nTitle III of the Immigration and Nationality Act is amended by inserting after section 320 ( 8 U.S.C. 1431 ) the following new section: 321. Certain immigrants born in Korea, Vietnam, Laos, Kampuchea, or Thailand; Conditions under which citizenship automatically acquired \nA person automatically becomes a citizen of the United States when the person is residing in the United States and has been lawfully admitted for permanent residence in the United States pursuant to a classification petition approved under section 204(f).. (b) Clerical amendment \nThe table of contents of the Immigration and Nationality Act is amended by inserting after the item relating to section 320 the following new item: Sec. 321. Certain immigrants born in Korea, Vietnam, Laos, Kampuchea, or Thailand; conditions under which citizenship is automatically acquired. (c) Effective date \nThe amendments made by this section shall take effect 120 days after the date of the enactment of this Act.", "id": "H48CE72ED88CF4FCDBA86226D9903D7A8", "header": "Automatic acquisition of citizenship for certain immigrants born in Korea, Vietnam, Laos, Kampuchea, or Thailand", "nested": [ { "text": "(a) In general \nTitle III of the Immigration and Nationality Act is amended by inserting after section 320 ( 8 U.S.C. 1431 ) the following new section: 321. Certain immigrants born in Korea, Vietnam, Laos, Kampuchea, or Thailand; Conditions under which citizenship automatically acquired \nA person automatically becomes a citizen of the United States when the person is residing in the United States and has been lawfully admitted for permanent residence in the United States pursuant to a classification petition approved under section 204(f)..", "id": "H1BCDFA8964E9476A83B82C014C985693", "header": "In general", "nested": [], "links": [ { "text": "8 U.S.C. 1431", "legal-doc": "usc", "parsable-cite": "usc/8/1431" } ] }, { "text": "(b) Clerical amendment \nThe table of contents of the Immigration and Nationality Act is amended by inserting after the item relating to section 320 the following new item: Sec. 321. Certain immigrants born in Korea, Vietnam, Laos, Kampuchea, or Thailand; conditions under which citizenship is automatically acquired.", "id": "H471788DAC42548FAA02509CEF6A37CD9", "header": "Clerical amendment", "nested": [], "links": [] }, { "text": "(c) Effective date \nThe amendments made by this section shall take effect 120 days after the date of the enactment of this Act.", "id": "HFBBB92D908BD42FC85BFF3C78D150006", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "8 U.S.C. 1431", "legal-doc": "usc", "parsable-cite": "usc/8/1431" } ] }, { "text": "321. Certain immigrants born in Korea, Vietnam, Laos, Kampuchea, or Thailand; Conditions under which citizenship automatically acquired \nA person automatically becomes a citizen of the United States when the person is residing in the United States and has been lawfully admitted for permanent residence in the United States pursuant to a classification petition approved under section 204(f).", "id": "H172325E8D7D64FBEBB00CEACB71E43E", "header": "Certain immigrants born in Korea, Vietnam, Laos, Kampuchea, or Thailand; Conditions under which citizenship automatically acquired", "nested": [], "links": [] } ]

[ "Judiciary Committee" ]

[ { "text": "1. Clarification of private right of action against terrorist states; damages \n(a) Right of action \nSection 1605 of title 28, United States Code, is amended— (1) in subsection (f), in the first sentence, by inserting or (h) after subsection (a)(7) ; and (2) by adding at the end the following: (h) Certain actions against foreign states or officials, employees, or agents of foreign states \n(1) Cause of action \n(A) Cause of action \nA foreign state designated as a state sponsor of terrorism under section 6(j) of the Export Administration Act of 1979 ( 50 U.S.C. App. 2405(j) ) or section 620A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371 ), or an official, employee, or agent of such a foreign state, shall be liable to a national of the United States (as that term is defined in section 101(a)(22) of the Immigration and Nationality Act) or the national’s legal representative for personal injury or death caused by acts of that foreign state, or by that official, employee, or agent while acting within the scope of his or her office, employment, or agency, for which the courts of the United States may maintain jurisdiction under subsection (a)(7) for money damages. (B) Discovery \nThe provisions of subsection (g) apply to actions brought under subparagraph (A). (C) Nationality of claimant \nNo action shall be maintained under subparagraph (A) arising from acts of a foreign state or an official, employee, or agent of a foreign state if neither the claimant nor the victim was a national of the United States (as that term is defined in section 101(a)(22) of the Immigration and Nationality Act) when such acts occurred. (2) Damages \nIn an action brought under paragraph (1) against a foreign state or an official, employee, or agent of a foreign state, the foreign state, official, employee, or agent, as the case may be, may be held liable for money damages in such action, which may include economic damages, solatium, damages for pain and suffering, and, notwithstanding section 1606, punitive damages. In all actions brought under paragraph (1), a foreign state shall be vicariously liable for the actions of its officials, employees, or agents. (3) Appeals \nAn appeal in the courts of the United States in an action brought under paragraph (1) may be made— (A) only from a final decision under section 1291 of this title, and then only if filed with the clerk of the district court within 30 days after the entry of such final decision; and (B) in the case of an appeal from an order denying the immunity of a foreign state, a political subdivision thereof, or an agency of instrumentality of a foreign state, only if filed under section 1292 of this title.. (b) Conforming amendment \nSection 589 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997, as contained in section 101(a) of Division A of Public Law 104–208 (110 Stat. 3009–172; 28 U.S.C. 1605 note), is repealed.", "id": "H4271B18A575B499CA843C912A8BC5261", "header": "Clarification of private right of action against terrorist states; damages", "nested": [ { "text": "(a) Right of action \nSection 1605 of title 28, United States Code, is amended— (1) in subsection (f), in the first sentence, by inserting or (h) after subsection (a)(7) ; and (2) by adding at the end the following: (h) Certain actions against foreign states or officials, employees, or agents of foreign states \n(1) Cause of action \n(A) Cause of action \nA foreign state designated as a state sponsor of terrorism under section 6(j) of the Export Administration Act of 1979 ( 50 U.S.C. App. 2405(j) ) or section 620A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371 ), or an official, employee, or agent of such a foreign state, shall be liable to a national of the United States (as that term is defined in section 101(a)(22) of the Immigration and Nationality Act) or the national’s legal representative for personal injury or death caused by acts of that foreign state, or by that official, employee, or agent while acting within the scope of his or her office, employment, or agency, for which the courts of the United States may maintain jurisdiction under subsection (a)(7) for money damages. (B) Discovery \nThe provisions of subsection (g) apply to actions brought under subparagraph (A). (C) Nationality of claimant \nNo action shall be maintained under subparagraph (A) arising from acts of a foreign state or an official, employee, or agent of a foreign state if neither the claimant nor the victim was a national of the United States (as that term is defined in section 101(a)(22) of the Immigration and Nationality Act) when such acts occurred. (2) Damages \nIn an action brought under paragraph (1) against a foreign state or an official, employee, or agent of a foreign state, the foreign state, official, employee, or agent, as the case may be, may be held liable for money damages in such action, which may include economic damages, solatium, damages for pain and suffering, and, notwithstanding section 1606, punitive damages. In all actions brought under paragraph (1), a foreign state shall be vicariously liable for the actions of its officials, employees, or agents. (3) Appeals \nAn appeal in the courts of the United States in an action brought under paragraph (1) may be made— (A) only from a final decision under section 1291 of this title, and then only if filed with the clerk of the district court within 30 days after the entry of such final decision; and (B) in the case of an appeal from an order denying the immunity of a foreign state, a political subdivision thereof, or an agency of instrumentality of a foreign state, only if filed under section 1292 of this title..", "id": "HCE7EC514642947A6829DDC1BA2002F18", "header": "Right of action", "nested": [], "links": [ { "text": "Section 1605", "legal-doc": "usc", "parsable-cite": "usc/28/1605" }, { "text": "50 U.S.C. App. 2405(j)", "legal-doc": "usc-appendix", "parsable-cite": "usc-appendix/50/2405" }, { "text": "22 U.S.C. 2371", "legal-doc": "usc", "parsable-cite": "usc/22/2371" } ] }, { "text": "(b) Conforming amendment \nSection 589 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997, as contained in section 101(a) of Division A of Public Law 104–208 (110 Stat. 3009–172; 28 U.S.C. 1605 note), is repealed.", "id": "H6172E8E35246438388C5380032C9E84C", "header": "Conforming amendment", "nested": [], "links": [ { "text": "Public Law 104–208", "legal-doc": "public-law", "parsable-cite": "pl/104/208" }, { "text": "28 U.S.C. 1605", "legal-doc": "usc", "parsable-cite": "usc/28/1605" } ] } ], "links": [ { "text": "Section 1605", "legal-doc": "usc", "parsable-cite": "usc/28/1605" }, { "text": "50 U.S.C. App. 2405(j)", "legal-doc": "usc-appendix", "parsable-cite": "usc-appendix/50/2405" }, { "text": "22 U.S.C. 2371", "legal-doc": "usc", "parsable-cite": "usc/22/2371" }, { "text": "Public Law 104–208", "legal-doc": "public-law", "parsable-cite": "pl/104/208" }, { "text": "28 U.S.C. 1605", "legal-doc": "usc", "parsable-cite": "usc/28/1605" } ] }, { "text": "2. Property subject to attachment execution \nSection 1610 of title 28, United States Code, is amended by adding at the end the following: (g) Property interests in certain actions \n(1) In general \nA property interest of a foreign state, or agency or instrumentality of a foreign state, against which a judgment is entered under section 1605(a)(7), including a property interest that is a separate juridical entity, is subject to execution upon that judgment as provided in this section, regardless of— (A) the level of economic control over the property interest by the government of the foreign state; (B) whether the profits of the property interest go to that government; (C) the degree to which officials of that government manage the property interest or otherwise have a hand in its daily affairs; (D) whether that government is the real beneficiary of the conduct of the property interest; or (E) whether establishing the property interest as a separate entity would entitle the foreign state to benefits in United States courts while avoiding its obligations. (2) U.S. sovereign immunity inapplicable \nAny property interest of a foreign state, or agency or instrumentality of a foreign state, to which paragraph (1) applies shall not be immune from execution upon a judgment entered under section 1605(a)(7) because the property interest is regulated by the United States Government by reason of action taken against that foreign state under the Trading With the Enemy Act or the International Emergency Economic Powers Act..", "id": "HC7DBC47B253A4BFDA2F553566D06F6E2", "header": "Property subject to attachment execution", "nested": [], "links": [ { "text": "Section 1610", "legal-doc": "usc", "parsable-cite": "usc/28/1610" } ] }, { "text": "3. Applicability \n(a) In general \nThe amendments made by this Act apply to any claim for which a foreign state is not immune under section 1605(a)(7) of title 28, United States Code, arising before, on, or after the date of the enactment of this Act. (b) Prior causes of action \nIn the case of any action that— (1) was brought in a timely manner but was dismissed before the enactment of this Act for failure to state of cause of action, and (2) would be cognizable by reason of the amendments made by this Act, the 10-year limitation period provided under section 1605(f) of title 28, United States Code, shall be tolled during the period beginning on the date on which the action was first brought and ending 60 days after the date of the enactment of this Act.", "id": "H40DF4812F3D64E97888E123E44F35F1F", "header": "Applicability", "nested": [ { "text": "(a) In general \nThe amendments made by this Act apply to any claim for which a foreign state is not immune under section 1605(a)(7) of title 28, United States Code, arising before, on, or after the date of the enactment of this Act.", "id": "H15DC997CFA4540C6ADE0AD29BB05853B", "header": "In general", "nested": [], "links": [ { "text": "section 1605(a)(7)", "legal-doc": "usc", "parsable-cite": "usc/28/1605" } ] }, { "text": "(b) Prior causes of action \nIn the case of any action that— (1) was brought in a timely manner but was dismissed before the enactment of this Act for failure to state of cause of action, and (2) would be cognizable by reason of the amendments made by this Act, the 10-year limitation period provided under section 1605(f) of title 28, United States Code, shall be tolled during the period beginning on the date on which the action was first brought and ending 60 days after the date of the enactment of this Act.", "id": "H89DF5990C3E743BFBF59BB15EDD8186", "header": "Prior causes of action", "nested": [], "links": [ { "text": "section 1605(f)", "legal-doc": "usc", "parsable-cite": "usc/28/1605" } ] } ], "links": [ { "text": "section 1605(a)(7)", "legal-doc": "usc", "parsable-cite": "usc/28/1605" }, { "text": "section 1605(f)", "legal-doc": "usc", "parsable-cite": "usc/28/1605" } ] } ]

[ "Judiciary Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Coordinated Environmental Health Network Act of 2004.", "id": "HDFA1166AC0604E1FA0EADDD8F4578513", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings and purpose \n(a) Findings \nCongress finds that— (1) approximately 7 out of every 10 deaths in the United States are attributable to chronic diseases; (2) with 100,000,000 people suffering from chronic diseases each year, and $750,000,000,000 lost in health care costs as a result, the national cost of chronic disease is extremely high and must be appropriately addressed; (3) the rates of many chronic diseases, including asthma, some birth defects, cancers, and autism, appear to be increasing; (4) there is a growing amount of evidence that environmental factors are strongly linked with specific chronic disease; (5) a major gap in critical knowledge exists regarding the prevalence and incidence of chronic diseases; (6) States, local communities, territories, and Indian tribes need assistance with public health efforts that would lead to prevention of chronic disease, including the establishment and maintenance of necessary infrastructure for disease and environmental hazard exposure surveillance; and (7) a Coordinated Environmental Health Network will help target resources to areas of chronic disease prevention most in need. (b) Purposes \nIt is the purpose of this Act to— (1) develop, operate, and maintain a Coordinated Environmental Health Network, State Environmental Health Networks, and rapid response capabilities so that the Federal Government, States, local governments, territories, and Indian tribes can more effectively monitor, investigate, respond to, research, and prevent increases in the incidence and prevalence of certain chronic diseases and relevant environmental and other risk factors; (2) provide information collected through the Coordinated and State Environmental Health Networks to government agencies, public health practitioners and researchers, policy makers, and the public; (3) expand and coordinate among existing surveillance and data collection systems and other infrastructure for chronic diseases and relevant environmental, and other risk factors, including those relevant to bioterrorism; (4) improve coordination between the areas of public health, environmental protection, and chemical, radiological and biological terrorism; and (5) provide necessary support to ensure the availability of a sufficient number of well-trained environmental health and public health personnel to participate and provide leadership in the development and maintenance of the Coordinated and State Environmental Health Networks.", "id": "HDF69A6AB0D094FCE9078E2759525D1F3", "header": "Findings and purpose", "nested": [ { "text": "(a) Findings \nCongress finds that— (1) approximately 7 out of every 10 deaths in the United States are attributable to chronic diseases; (2) with 100,000,000 people suffering from chronic diseases each year, and $750,000,000,000 lost in health care costs as a result, the national cost of chronic disease is extremely high and must be appropriately addressed; (3) the rates of many chronic diseases, including asthma, some birth defects, cancers, and autism, appear to be increasing; (4) there is a growing amount of evidence that environmental factors are strongly linked with specific chronic disease; (5) a major gap in critical knowledge exists regarding the prevalence and incidence of chronic diseases; (6) States, local communities, territories, and Indian tribes need assistance with public health efforts that would lead to prevention of chronic disease, including the establishment and maintenance of necessary infrastructure for disease and environmental hazard exposure surveillance; and (7) a Coordinated Environmental Health Network will help target resources to areas of chronic disease prevention most in need.", "id": "HF7A93A9858AB48EF9FD0791FA27521B", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Purposes \nIt is the purpose of this Act to— (1) develop, operate, and maintain a Coordinated Environmental Health Network, State Environmental Health Networks, and rapid response capabilities so that the Federal Government, States, local governments, territories, and Indian tribes can more effectively monitor, investigate, respond to, research, and prevent increases in the incidence and prevalence of certain chronic diseases and relevant environmental and other risk factors; (2) provide information collected through the Coordinated and State Environmental Health Networks to government agencies, public health practitioners and researchers, policy makers, and the public; (3) expand and coordinate among existing surveillance and data collection systems and other infrastructure for chronic diseases and relevant environmental, and other risk factors, including those relevant to bioterrorism; (4) improve coordination between the areas of public health, environmental protection, and chemical, radiological and biological terrorism; and (5) provide necessary support to ensure the availability of a sufficient number of well-trained environmental health and public health personnel to participate and provide leadership in the development and maintenance of the Coordinated and State Environmental Health Networks.", "id": "HEE5FEFB41FA8421F00A3F61CE2D3ABE1", "header": "Purposes", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Amendment to the Public Health Service Act \nThe Public Health Service Act ( 42 U.S.C. 201 et seq. ) is amended by adding at the end the following: XXIX Coordinated Environmental Health Network \n2900. Definitions \nIn this title: (1) Administrators \nThe term Administrators means the Director of the Centers for Disease Control and Prevention Coordinating Center for Environmental Health, Injury Prevention, and Occupational Health, and the Administrator of the Environmental Protection Agency. (2) Committee \nThe term Committee means the Advisory Committee established under section 2901(d). (3) Director \nThe term Director means the Director of the Centers for Disease Control and Prevention. (4) Medical privacy regulations \nThe term medical privacy regulations means the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996. (5) Coordinated Network \nThe term Coordinated Network means the Coordinated Environmental Health Network established under section 2901(a). (6) Priority chronic condition \nThe term priority chronic condition means a condition to be tracked in the Coordinated Network and the State Networks, including birth defects, developmental disabilities (such as cerebral palsy, autism, and mental retardation), asthma and chronic respiratory diseases, neurological diseases (such as Parkinson’s disease, multiple sclerosis, Alzheimer’s disease, and amyotrophic lateral sclerosis), autoimmune diseases (such as lupus), cancer, juvenile diabetes, and such other priority chronic conditions as the Secretary may specify. (7) State Network \nThe term State Network means a State Environmental Health Network established under section 2901(b). (8) State \nThe term State means a State, territory, or Indian tribe that is eligible to receive a health tracking grant under section 2901(b). 2901. Establishment of Coordinated and State Environmental Health Networks \n(a) Coordinated Environmental Health Network \n(1) Establishment \nNot later than 36 months after the date of the enactment of this title, the Secretary, acting through the Director and in consultation with the Administrators, State and local health departments, and the Committee, shall establish and operate a Coordinated Environmental Health Network. In establishing and operating the Coordinated Network, the Secretary shall— (A) identify, build upon, expand, and coordinate among existing data and surveillance systems, surveys, registries, and other Federal public health and environmental infrastructure wherever possible, including— (i) the National Electronic Disease Surveillance System; (ii) State birth defects surveillance systems as supported under section 317C; (iii) State cancer registries as supported under part M of title III; (iv) State asthma surveillance systems as supported under section 317I; (v) the National Health and Nutrition Examination Survey; (vi) the Behavioral Risk Factor Surveillance System; (vii) the Hazardous Substance Release/Health Effects Database; (viii) the Hazardous Substances Emergency Events Surveillance System; (ix) the National Exposure Registry; (x) the Health Alert Network; and (xi) the State vital statistics systems as supported under section 306; (B) provide for public access to an electronic national database that accepts data from the State Networks on the incidence and prevalence of priority chronic conditions and relevant environmental and other factors, in a manner which protects personal privacy consistent with the medical privacy regulations; (C) not later than 36 months after the date of the enactment of this title, and annually thereafter, prepare and publish, in accordance with paragraph (2), a Coordinated Environmental Health Network Report to provide the public with the findings of the Coordinated Network; (D) operate and maintain a National Environmental Health Rapid Response Service within the Epidemic Intelligence Service to carry out the activities described in paragraph (3); (E) provide for the establishment of State Networks, and coordinate the State Networks as provided for under subsection (b); (F) provide technical assistance to support the State Networks, including providing— (i) training for environmental health investigators appointed or hired under subsection (b)(3)(D); (ii) technical assistance as needed to States to build necessary capacity and infrastructure for the establishment of a State Network, including a computerized data collection, reporting, and processing system, and additional assistance identified by the States under subsection (b)(5)(C) as necessary for infrastructure development; and (iii) such other technical assistance as the Secretary, in consultation with the Administrators, determines to be necessary; (G) not later than 12 months after the date of the enactment of this title, acting through the Director and consulting with the Administrators, the Surgeon General, the Director of the National Institutes of Health, and States, develop minimum standards and procedures in accordance with paragraph (4) for data collection and reporting for the State Networks, to be updated not less than annually thereafter; and (H) in developing the minimum standards and procedures under subparagraph (G), include mechanisms for allowing the States to set priorities, and allocate resources accordingly, among the factors described in subparagraphs (A), (B), and (C) of paragraph (4). (2) Coordinated Environmental Health Network Report \nEach Coordinated Environmental Health Network Report prepared under paragraph (1)(C) shall include— (A) a statement of the activities carried out under this title; (B) an analysis of the incidence, prevalence, and trends of priority chronic conditions and potentially relevant environmental and other factors by State and census tract (or other political or administrative subdivision determined appropriate by the Secretary in consultation with the Administrator of the Environmental Protection Agency) for the calendar year preceding the year for which the report is prepared; (C) the identification of gaps in the data of the Coordinated Network, including diseases of concern and environmental exposures not tracked; and (D) recommendations regarding high risk populations, public health concerns, response and prevention strategies, and additional tracking needs; (3) National Environmental Health Rapid Response Service \nThe National Environmental Health Rapid Response Service operated under paragraph (1)(D) shall— (A) work with environmental health investigators appointed or hired under subsection (b)(3)(D) to develop and implement strategies, protocols, and guidelines for the coordinated, rapid responses to actual and perceived higher than expected incidence and prevalence rates of priority chronic conditions and to acute and potential environmental hazards and exposures; (B) conduct investigations into higher than expected incidence and prevalence rates of priority chronic conditions or environmental exposures after an individual requests, through a process established by the Secretary, the intervention of the Service; (C) coordinate activities carried out under this title with activities carried out under sections 319 through 319G; and (D) coordinate activities carried out under this title with the Administrators, the Surgeon General, and the Director of the National Institutes of Health. (4) Data collection and reporting by State Networks \nThe minimum standards and procedures referred to in paragraph (1)(G) shall include— (A) a list and definitions of the priority chronic conditions to be tracked through the State Networks; (B) a list and definitions of relevant environmental exposures of concern to be tracked, to the extent practicable, through the State Networks, including— (i) hazardous air pollutants (as defined in section 302(g) of the Clean Air Act ); (ii) air pollutants for which national primary ambient air quality standards have been promulgated under section 109 of the Clean Air Act ; (iii) pollutants or contaminants (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ); (iv) toxic chemicals (as described in section 313 of the Emergency Planning and Community Right-to-Know Act of 1986); (v) substances reported under the Toxic Substances Control Act Inventory Update Rule as provided for in part 710 of title 40, Code of Federal Regulations, or successor regulations; (vi) pesticides (as defined in section 2(u) of the Federal Insecticide, Fungicide, and Rodenticide Act ); and (vii) such other potentially relevant environmental factors as the Secretary may specify; (C) a list and definitions of potentially relevant behavioral, socioeconomic, demographic, and other risk factors, including race, ethnic status, gender, age, occupation, and primary language, to be tracked through the State Networks; (D) procedures for the complete and timely collection and reporting of data to the Coordinated Network by census tract, or other political subdivision determined appropriate by the Secretary, in consultation with the Administrator of the Environmental Protection Agency, regarding the factors described in subparagraphs (A), (B), and (C); (E) procedures for making data available to the public and researchers, and for reporting to the Coordinated Network, while protecting the confidentiality of all personal data reported, in accordance with medical privacy regulations; (F) standards and procedures for the establishment and maintenance of at least 7 regional biomonitoring laboratories, including providing for an equitable geographic distribution, by entering into cooperative agreements with States, groups of States, and academic institutions or consortia of academic institutions, in order to expand the scope and amount of biomonitoring data collected by the Centers for Disease Control and Prevention; (G) criteria for the environmental health investigators as required under subsection (b)(3)(D); and (H) procedures for record and data maintenance and verification. (b) State environmental health networks \n(1) Grants \nNot later than 24 months after the date of the enactment of this title, the Secretary, acting through the Director, in consultation with the Administrators, and taking into consideration the findings of the Committee, shall award grants to States, local governments, territories, and Indian tribes for the establishment, maintenance, and operation of State Environmental Health Networks in accordance with the minimum standards and procedures established by the Secretary under subsection (a)(4). (2) Specialized assistance \nThe Coordinated Network shall provide specialized assistance to grantees in the establishment, maintenance, and operation of State Networks. (3) Requirements \nA State, local government, territory, or Indian tribe receiving a grant under this subsection shall use the grant— (A) to establish an environmental health network that will provide— (i) for the complete tracking of the incidence, prevalence, and trends of priority chronic conditions and potentially relevant environmental and other factors as set forth in subsection (a), as well as any additional priority chronic conditions and potentially related environmental exposures of concern to that State, local government, territory, or Indian tribe; (ii) for identification of priority chronic conditions and potentially relevant environmental and other factors that disproportionately impact low income and minority communities; (iii) for the protection of the confidentiality of all personal data reported, in accordance with the medical privacy regulations; (iv) a means by which confidential data may, in accordance with Federal and State law, be disclosed to researchers for the purposes of public health research; (v) the fullest possible public access to data collected by the State Network or through the Coordinated Network, while ensuring that individual privacy is protected in accordance with subsection (a)(1)(B); and (vi) for the collection of exposure data through biomonitoring and other methods, including the entering into of cooperative agreements with the Coordinated Network in the establishment of the regional biomonitoring laboratories; (B) to develop a publicly available plan for establishing the State Network in order to meet minimum standards and procedures as developed by the Coordinated Network under subsection (a)(4), including the State’s priorities within the minimum standards, a timeline by which all the standards will be met, and a plan for coordinating and expanding existing data and surveillance systems within the State including any pilot projects established through the Centers for Disease Control and Prevention prior to the date of the enactment of this title; (C) to appoint a lead environmental health department or agency that will be responsible for the development, operation, and maintenance of the State Network, and ensure the appropriate coordination among State and local agencies regarding the development, operation, and maintenance of the State Network; (D) to appoint or hire an environmental health investigator who meets criteria established by the Secretary under subsection (a)(4)(G) and who will coordinate the development and maintenance of the rapid response protocol established under subparagraph (E); (E) to establish a rapid response protocol, coordinated by the grantee’s environmental health investigator, in order to respond in a timely manner to actual and perceived incidence and prevalence rates of priority chronic diseases that are higher than expected, acute and potential environmental hazards and exposures, and other environmental health concerns, including warning the public when emergent public health concerns are detected through the State Network, and concerns regarding vulnerable subpopulations and disproportionately impacted subpopulations; (F) to establish an advisory committee to ensure local community input to the State Network; and (G) to recruit and train public health officials to continue to expand the State Network. (4) Limitation \nA State, local government, territory, or Indian tribe that receives a grant under this section may not use more than 10 percent of the funds made available through the grant for administrative costs. (5) Application \nTo seek a grant under this section, a State, local government, territory, or Indian tribe shall submit to the Secretary an application at such time, in such form and manner, and accompanied by such information as the Secretary may specify. The Secretary may not approve an application for a grant under this subsection unless the application— (A) contains assurances that the State, local government, territory, or tribe will— (i) use the grant only in compliance with the requirements of this title; and (ii) establish such fiscal control and fund accounting procedures as may be necessary to ensure the proper disbursement and accounting of Federal funds paid to the State, local government, territory, or tribe under the grant; (B) contains the assurance that the State, local government, territory, or tribe will establish a State Network as required by this subsection; and (C) contains assurances that if the State, local government, territory, or tribe is unable to meet all of the requirements described in this subsection within the prescribed time period, the State, local government, territory, or tribe will use grant funds to increase the public health infrastructure of the State, local government, territory, or tribe, acting in cooperation with the Coordinated Network, in order to implement and maintain a State Network within 24 months of the receipt of such grant. (c) Pilot projects \n(1) In general \nBeginning in fiscal year 2005, a State, local government, territory, or Indian tribe may apply for a grant under this subsection to implement a pilot project that is approved by the Secretary, acting through the Director and in consultation with the Administrators and the Committee. (2) Activities \nA State, local government, territory, or Indian tribe shall use amounts received under a grant under this subsection to carry out a pilot project designed to develop State Network enhancements and to develop programs to address specific local and regional concerns, including— (A) the expansion of the State Network to include additional chronic diseases or environmental exposures; (B) the conduct of investigations of local concerns of increased incidence or prevalence of priority chronic conditions and environmental exposures; and (C) the carrying out of other activities as determined to be a priority by the State or consortium of regional States, local government, territory, or tribe and the Secretary. (3) Results \nThe Secretary may consider the results of the pilot projects under this subsection for inclusion into the Coordinated Network. (d) Advisory Committee \n(1) Establishment \nNot later than 3 months after the date of the enactment of this title, the Secretary acting jointly with the Administrators, shall establish an Advisory Committee in accordance with the Federal Advisory Committee Act. (2) Composition \nThe Advisory Committee shall be composed of 16 members to be appointed by the Secretary. Each member of the Advisory Committee shall serve a 3-year term, except that the Secretary may appoint the initial members of the Advisory Committee for lesser terms in order to comply with the following sentence. In appointing the members of the Advisory Committee, the Secretary shall ensure that the terms of 5 or 6 members expire each year. The Advisory Committee shall include at least 9 members that have experience in the areas of— (A) public health; (B) the environment, especially toxic chemicals and human exposure; (C) epidemiology; and (D) biomonitoring and other relevant exposure technologies. (3) Reporting \nThe Advisory Committee shall not later than 12 months after the date of the enactment of this title, and at least once every 12 months thereafter, report to Congress on the progress of the Coordinated Network. (4) Hearings \nThe Advisory Committee shall hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Committee considers appropriate to carry out the objectives of the Coordinated Network. (5) Duties \nThe Advisory Committee shall— (A) review and provide input for the Coordinated Environmental Health Network Report prior to publication, and make recommendations as to the progress of the Coordinated Network, including identifying information gaps in the network; (B) assist in developing the minimum standards and procedures for the State Networks under subsection (a)(4); and (C) provide ongoing public input to the Coordinated Network. (e) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section $100,000,000 for fiscal year 2005 and such sums as may be necessary for each of fiscal years 2006 through 2009. 2902. Increasing public health personnel capacity \n(a) Schools or programs of public health Centers of Excellence \n(1) Grants \nBeginning in fiscal year 2005, the Secretary may award grants to at least 5 accredited schools or programs of public health for the establishment, maintenance, and operation of Centers of Excellence for research and demonstration with respect to chronic conditions and relevant environmental factors. (2) Activities \nA Center of Excellence established or operated under paragraph (1) shall undertake research and development projects in at least 1 of the following areas: (A) Investigating causal connections between chronic conditions and environmental factors. (B) Increasing the understanding of the causes of higher than expected incidence and prevalence rates of priority chronic conditions and developing more effective intervention methods for when such elevated rates occur. (C) Identifying additional chronic conditions and environmental factors that could be tracked by the Coordinated Network. (D) Improving translation of Coordinated Network tracking results into effective prevention activities. (E) Improving the training of public health workforce in environmental epidemiology. (F) Establishing links to the Coordinated Network and the State Networks to identify associations that warrant further study. (3) Requirements for Centers of excellence \nTo be eligible to receive a grant under paragraph (1), a school or program of public health shall provide assurances that the school or program— (A) meets the minimum requirements as established by the Secretary in consultation with the Director; (B) maintains privacy for public health information if appropriate to the project; and (C) makes public information regarding the findings and results of the programs. (4) Authorization of appropriations \nThere is authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2005 through 2009. (b) John h. chafee public health scholar program \n(1) In general \nThe Secretary shall award scholarships, to be known as John H. Chafee Public Health Scholarships, to eligible students who are enrolled in an accredited school of public health or medicine. The Secretary shall determine both the criteria and eligibility requirements for such scholarships, after consultation with the Committee. (2) Authorization of appropriations \nThere is authorized to be appropriated to carry out this subsection $2,500,000 for each of fiscal years 2005 through 2009. (c) Applied epidemiology fellowship programs \n(1) In general \nBeginning in fiscal year 2005, the Secretary, acting through the Director, shall enter into a cooperative agreement with the Council of State and Territorial Epidemiologists to train and place, in State and local health departments, applied epidemiology fellows to enhance State and local epidemiology capacity in the areas of environmental health, chronic disease, and birth defects and development disabilities. (2) Authorization of appropriations \nThere is authorized to be appropriated to carry out this subsection $2,500,000 for fiscal year 2005, and such sums as may be necessary in each of fiscal years 2006 through 2009. 2903. General provisions \n(a) Internal monitoring and coordination regarding CDC \nThe Secretary, acting through the Director, shall place primary responsibility for the coordination of the programs established under this title in the Office of the Director. The officers or employees of the Centers for Disease Control and Prevention who are assigned responsibility for monitoring and coordinating the activities carried out under this title by the Director shall include officers or employees within the Office of the Director. (b) Funding through appropriations account for Public Health Improvement \nAll authorizations of appropriations established in this title are authorizations exclusively for appropriations to the account that, among appropriations accounts for the Centers for Disease Control and Prevention, is designated Public Health Improvement. (c) Date certain for obligation of appropriations \nWith respect to the process of receiving applications for and making awards of grants, cooperative agreements, and contracts under this title, the Secretary, acting through the Director, shall to the extent practicable design the process to ensure that amounts appropriated under this title for such awards for a fiscal year are obligated not later than the beginning of the fourth quarter of the fiscal year, subject to compliance with section 1512 of title 31, United States Code (relating to deficiency or supplemental appropriations), and other applicable law regarding appropriations accounting. (d) Coordination with Agency for toxic substances and disease registry \nIn carrying out this title, the Secretary, acting through the Director, shall coordinate activities and responses with the Agency for Toxic Substances and Disease Registry. (e) Coordination with existing pilot projects through CDC \nThe Secretary shall integrate the enactment of this title with all environmental health tracking pilot projects funded prior to the date of enactment of this title..", "id": "H884BC11FF3E14FC5ADA0D684EFAC7858", "header": "Amendment to the Public Health Service Act", "nested": [], "links": [ { "text": "42 U.S.C. 201 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/201" }, { "text": "section 1512", "legal-doc": "usc", "parsable-cite": "usc/31/1512" } ] }, { "text": "2900. Definitions \nIn this title: (1) Administrators \nThe term Administrators means the Director of the Centers for Disease Control and Prevention Coordinating Center for Environmental Health, Injury Prevention, and Occupational Health, and the Administrator of the Environmental Protection Agency. (2) Committee \nThe term Committee means the Advisory Committee established under section 2901(d). (3) Director \nThe term Director means the Director of the Centers for Disease Control and Prevention. (4) Medical privacy regulations \nThe term medical privacy regulations means the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996. (5) Coordinated Network \nThe term Coordinated Network means the Coordinated Environmental Health Network established under section 2901(a). (6) Priority chronic condition \nThe term priority chronic condition means a condition to be tracked in the Coordinated Network and the State Networks, including birth defects, developmental disabilities (such as cerebral palsy, autism, and mental retardation), asthma and chronic respiratory diseases, neurological diseases (such as Parkinson’s disease, multiple sclerosis, Alzheimer’s disease, and amyotrophic lateral sclerosis), autoimmune diseases (such as lupus), cancer, juvenile diabetes, and such other priority chronic conditions as the Secretary may specify. (7) State Network \nThe term State Network means a State Environmental Health Network established under section 2901(b). (8) State \nThe term State means a State, territory, or Indian tribe that is eligible to receive a health tracking grant under section 2901(b).", "id": "HC60F015CFFCC460DBAD9D73DB3774DDE", "header": "Definitions", "nested": [], "links": [] }, { "text": "2901. Establishment of Coordinated and State Environmental Health Networks \n(a) Coordinated Environmental Health Network \n(1) Establishment \nNot later than 36 months after the date of the enactment of this title, the Secretary, acting through the Director and in consultation with the Administrators, State and local health departments, and the Committee, shall establish and operate a Coordinated Environmental Health Network. In establishing and operating the Coordinated Network, the Secretary shall— (A) identify, build upon, expand, and coordinate among existing data and surveillance systems, surveys, registries, and other Federal public health and environmental infrastructure wherever possible, including— (i) the National Electronic Disease Surveillance System; (ii) State birth defects surveillance systems as supported under section 317C; (iii) State cancer registries as supported under part M of title III; (iv) State asthma surveillance systems as supported under section 317I; (v) the National Health and Nutrition Examination Survey; (vi) the Behavioral Risk Factor Surveillance System; (vii) the Hazardous Substance Release/Health Effects Database; (viii) the Hazardous Substances Emergency Events Surveillance System; (ix) the National Exposure Registry; (x) the Health Alert Network; and (xi) the State vital statistics systems as supported under section 306; (B) provide for public access to an electronic national database that accepts data from the State Networks on the incidence and prevalence of priority chronic conditions and relevant environmental and other factors, in a manner which protects personal privacy consistent with the medical privacy regulations; (C) not later than 36 months after the date of the enactment of this title, and annually thereafter, prepare and publish, in accordance with paragraph (2), a Coordinated Environmental Health Network Report to provide the public with the findings of the Coordinated Network; (D) operate and maintain a National Environmental Health Rapid Response Service within the Epidemic Intelligence Service to carry out the activities described in paragraph (3); (E) provide for the establishment of State Networks, and coordinate the State Networks as provided for under subsection (b); (F) provide technical assistance to support the State Networks, including providing— (i) training for environmental health investigators appointed or hired under subsection (b)(3)(D); (ii) technical assistance as needed to States to build necessary capacity and infrastructure for the establishment of a State Network, including a computerized data collection, reporting, and processing system, and additional assistance identified by the States under subsection (b)(5)(C) as necessary for infrastructure development; and (iii) such other technical assistance as the Secretary, in consultation with the Administrators, determines to be necessary; (G) not later than 12 months after the date of the enactment of this title, acting through the Director and consulting with the Administrators, the Surgeon General, the Director of the National Institutes of Health, and States, develop minimum standards and procedures in accordance with paragraph (4) for data collection and reporting for the State Networks, to be updated not less than annually thereafter; and (H) in developing the minimum standards and procedures under subparagraph (G), include mechanisms for allowing the States to set priorities, and allocate resources accordingly, among the factors described in subparagraphs (A), (B), and (C) of paragraph (4). (2) Coordinated Environmental Health Network Report \nEach Coordinated Environmental Health Network Report prepared under paragraph (1)(C) shall include— (A) a statement of the activities carried out under this title; (B) an analysis of the incidence, prevalence, and trends of priority chronic conditions and potentially relevant environmental and other factors by State and census tract (or other political or administrative subdivision determined appropriate by the Secretary in consultation with the Administrator of the Environmental Protection Agency) for the calendar year preceding the year for which the report is prepared; (C) the identification of gaps in the data of the Coordinated Network, including diseases of concern and environmental exposures not tracked; and (D) recommendations regarding high risk populations, public health concerns, response and prevention strategies, and additional tracking needs; (3) National Environmental Health Rapid Response Service \nThe National Environmental Health Rapid Response Service operated under paragraph (1)(D) shall— (A) work with environmental health investigators appointed or hired under subsection (b)(3)(D) to develop and implement strategies, protocols, and guidelines for the coordinated, rapid responses to actual and perceived higher than expected incidence and prevalence rates of priority chronic conditions and to acute and potential environmental hazards and exposures; (B) conduct investigations into higher than expected incidence and prevalence rates of priority chronic conditions or environmental exposures after an individual requests, through a process established by the Secretary, the intervention of the Service; (C) coordinate activities carried out under this title with activities carried out under sections 319 through 319G; and (D) coordinate activities carried out under this title with the Administrators, the Surgeon General, and the Director of the National Institutes of Health. (4) Data collection and reporting by State Networks \nThe minimum standards and procedures referred to in paragraph (1)(G) shall include— (A) a list and definitions of the priority chronic conditions to be tracked through the State Networks; (B) a list and definitions of relevant environmental exposures of concern to be tracked, to the extent practicable, through the State Networks, including— (i) hazardous air pollutants (as defined in section 302(g) of the Clean Air Act ); (ii) air pollutants for which national primary ambient air quality standards have been promulgated under section 109 of the Clean Air Act ; (iii) pollutants or contaminants (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ); (iv) toxic chemicals (as described in section 313 of the Emergency Planning and Community Right-to-Know Act of 1986); (v) substances reported under the Toxic Substances Control Act Inventory Update Rule as provided for in part 710 of title 40, Code of Federal Regulations, or successor regulations; (vi) pesticides (as defined in section 2(u) of the Federal Insecticide, Fungicide, and Rodenticide Act ); and (vii) such other potentially relevant environmental factors as the Secretary may specify; (C) a list and definitions of potentially relevant behavioral, socioeconomic, demographic, and other risk factors, including race, ethnic status, gender, age, occupation, and primary language, to be tracked through the State Networks; (D) procedures for the complete and timely collection and reporting of data to the Coordinated Network by census tract, or other political subdivision determined appropriate by the Secretary, in consultation with the Administrator of the Environmental Protection Agency, regarding the factors described in subparagraphs (A), (B), and (C); (E) procedures for making data available to the public and researchers, and for reporting to the Coordinated Network, while protecting the confidentiality of all personal data reported, in accordance with medical privacy regulations; (F) standards and procedures for the establishment and maintenance of at least 7 regional biomonitoring laboratories, including providing for an equitable geographic distribution, by entering into cooperative agreements with States, groups of States, and academic institutions or consortia of academic institutions, in order to expand the scope and amount of biomonitoring data collected by the Centers for Disease Control and Prevention; (G) criteria for the environmental health investigators as required under subsection (b)(3)(D); and (H) procedures for record and data maintenance and verification. (b) State environmental health networks \n(1) Grants \nNot later than 24 months after the date of the enactment of this title, the Secretary, acting through the Director, in consultation with the Administrators, and taking into consideration the findings of the Committee, shall award grants to States, local governments, territories, and Indian tribes for the establishment, maintenance, and operation of State Environmental Health Networks in accordance with the minimum standards and procedures established by the Secretary under subsection (a)(4). (2) Specialized assistance \nThe Coordinated Network shall provide specialized assistance to grantees in the establishment, maintenance, and operation of State Networks. (3) Requirements \nA State, local government, territory, or Indian tribe receiving a grant under this subsection shall use the grant— (A) to establish an environmental health network that will provide— (i) for the complete tracking of the incidence, prevalence, and trends of priority chronic conditions and potentially relevant environmental and other factors as set forth in subsection (a), as well as any additional priority chronic conditions and potentially related environmental exposures of concern to that State, local government, territory, or Indian tribe; (ii) for identification of priority chronic conditions and potentially relevant environmental and other factors that disproportionately impact low income and minority communities; (iii) for the protection of the confidentiality of all personal data reported, in accordance with the medical privacy regulations; (iv) a means by which confidential data may, in accordance with Federal and State law, be disclosed to researchers for the purposes of public health research; (v) the fullest possible public access to data collected by the State Network or through the Coordinated Network, while ensuring that individual privacy is protected in accordance with subsection (a)(1)(B); and (vi) for the collection of exposure data through biomonitoring and other methods, including the entering into of cooperative agreements with the Coordinated Network in the establishment of the regional biomonitoring laboratories; (B) to develop a publicly available plan for establishing the State Network in order to meet minimum standards and procedures as developed by the Coordinated Network under subsection (a)(4), including the State’s priorities within the minimum standards, a timeline by which all the standards will be met, and a plan for coordinating and expanding existing data and surveillance systems within the State including any pilot projects established through the Centers for Disease Control and Prevention prior to the date of the enactment of this title; (C) to appoint a lead environmental health department or agency that will be responsible for the development, operation, and maintenance of the State Network, and ensure the appropriate coordination among State and local agencies regarding the development, operation, and maintenance of the State Network; (D) to appoint or hire an environmental health investigator who meets criteria established by the Secretary under subsection (a)(4)(G) and who will coordinate the development and maintenance of the rapid response protocol established under subparagraph (E); (E) to establish a rapid response protocol, coordinated by the grantee’s environmental health investigator, in order to respond in a timely manner to actual and perceived incidence and prevalence rates of priority chronic diseases that are higher than expected, acute and potential environmental hazards and exposures, and other environmental health concerns, including warning the public when emergent public health concerns are detected through the State Network, and concerns regarding vulnerable subpopulations and disproportionately impacted subpopulations; (F) to establish an advisory committee to ensure local community input to the State Network; and (G) to recruit and train public health officials to continue to expand the State Network. (4) Limitation \nA State, local government, territory, or Indian tribe that receives a grant under this section may not use more than 10 percent of the funds made available through the grant for administrative costs. (5) Application \nTo seek a grant under this section, a State, local government, territory, or Indian tribe shall submit to the Secretary an application at such time, in such form and manner, and accompanied by such information as the Secretary may specify. The Secretary may not approve an application for a grant under this subsection unless the application— (A) contains assurances that the State, local government, territory, or tribe will— (i) use the grant only in compliance with the requirements of this title; and (ii) establish such fiscal control and fund accounting procedures as may be necessary to ensure the proper disbursement and accounting of Federal funds paid to the State, local government, territory, or tribe under the grant; (B) contains the assurance that the State, local government, territory, or tribe will establish a State Network as required by this subsection; and (C) contains assurances that if the State, local government, territory, or tribe is unable to meet all of the requirements described in this subsection within the prescribed time period, the State, local government, territory, or tribe will use grant funds to increase the public health infrastructure of the State, local government, territory, or tribe, acting in cooperation with the Coordinated Network, in order to implement and maintain a State Network within 24 months of the receipt of such grant. (c) Pilot projects \n(1) In general \nBeginning in fiscal year 2005, a State, local government, territory, or Indian tribe may apply for a grant under this subsection to implement a pilot project that is approved by the Secretary, acting through the Director and in consultation with the Administrators and the Committee. (2) Activities \nA State, local government, territory, or Indian tribe shall use amounts received under a grant under this subsection to carry out a pilot project designed to develop State Network enhancements and to develop programs to address specific local and regional concerns, including— (A) the expansion of the State Network to include additional chronic diseases or environmental exposures; (B) the conduct of investigations of local concerns of increased incidence or prevalence of priority chronic conditions and environmental exposures; and (C) the carrying out of other activities as determined to be a priority by the State or consortium of regional States, local government, territory, or tribe and the Secretary. (3) Results \nThe Secretary may consider the results of the pilot projects under this subsection for inclusion into the Coordinated Network. (d) Advisory Committee \n(1) Establishment \nNot later than 3 months after the date of the enactment of this title, the Secretary acting jointly with the Administrators, shall establish an Advisory Committee in accordance with the Federal Advisory Committee Act. (2) Composition \nThe Advisory Committee shall be composed of 16 members to be appointed by the Secretary. Each member of the Advisory Committee shall serve a 3-year term, except that the Secretary may appoint the initial members of the Advisory Committee for lesser terms in order to comply with the following sentence. In appointing the members of the Advisory Committee, the Secretary shall ensure that the terms of 5 or 6 members expire each year. The Advisory Committee shall include at least 9 members that have experience in the areas of— (A) public health; (B) the environment, especially toxic chemicals and human exposure; (C) epidemiology; and (D) biomonitoring and other relevant exposure technologies. (3) Reporting \nThe Advisory Committee shall not later than 12 months after the date of the enactment of this title, and at least once every 12 months thereafter, report to Congress on the progress of the Coordinated Network. (4) Hearings \nThe Advisory Committee shall hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Committee considers appropriate to carry out the objectives of the Coordinated Network. (5) Duties \nThe Advisory Committee shall— (A) review and provide input for the Coordinated Environmental Health Network Report prior to publication, and make recommendations as to the progress of the Coordinated Network, including identifying information gaps in the network; (B) assist in developing the minimum standards and procedures for the State Networks under subsection (a)(4); and (C) provide ongoing public input to the Coordinated Network. (e) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section $100,000,000 for fiscal year 2005 and such sums as may be necessary for each of fiscal years 2006 through 2009.", "id": "H3F34E39FB7A94E57A3C90066A65035BD", "header": "Establishment of Coordinated and State Environmental Health Networks", "nested": [ { "text": "(a) Coordinated Environmental Health Network \n(1) Establishment \nNot later than 36 months after the date of the enactment of this title, the Secretary, acting through the Director and in consultation with the Administrators, State and local health departments, and the Committee, shall establish and operate a Coordinated Environmental Health Network. In establishing and operating the Coordinated Network, the Secretary shall— (A) identify, build upon, expand, and coordinate among existing data and surveillance systems, surveys, registries, and other Federal public health and environmental infrastructure wherever possible, including— (i) the National Electronic Disease Surveillance System; (ii) State birth defects surveillance systems as supported under section 317C; (iii) State cancer registries as supported under part M of title III; (iv) State asthma surveillance systems as supported under section 317I; (v) the National Health and Nutrition Examination Survey; (vi) the Behavioral Risk Factor Surveillance System; (vii) the Hazardous Substance Release/Health Effects Database; (viii) the Hazardous Substances Emergency Events Surveillance System; (ix) the National Exposure Registry; (x) the Health Alert Network; and (xi) the State vital statistics systems as supported under section 306; (B) provide for public access to an electronic national database that accepts data from the State Networks on the incidence and prevalence of priority chronic conditions and relevant environmental and other factors, in a manner which protects personal privacy consistent with the medical privacy regulations; (C) not later than 36 months after the date of the enactment of this title, and annually thereafter, prepare and publish, in accordance with paragraph (2), a Coordinated Environmental Health Network Report to provide the public with the findings of the Coordinated Network; (D) operate and maintain a National Environmental Health Rapid Response Service within the Epidemic Intelligence Service to carry out the activities described in paragraph (3); (E) provide for the establishment of State Networks, and coordinate the State Networks as provided for under subsection (b); (F) provide technical assistance to support the State Networks, including providing— (i) training for environmental health investigators appointed or hired under subsection (b)(3)(D); (ii) technical assistance as needed to States to build necessary capacity and infrastructure for the establishment of a State Network, including a computerized data collection, reporting, and processing system, and additional assistance identified by the States under subsection (b)(5)(C) as necessary for infrastructure development; and (iii) such other technical assistance as the Secretary, in consultation with the Administrators, determines to be necessary; (G) not later than 12 months after the date of the enactment of this title, acting through the Director and consulting with the Administrators, the Surgeon General, the Director of the National Institutes of Health, and States, develop minimum standards and procedures in accordance with paragraph (4) for data collection and reporting for the State Networks, to be updated not less than annually thereafter; and (H) in developing the minimum standards and procedures under subparagraph (G), include mechanisms for allowing the States to set priorities, and allocate resources accordingly, among the factors described in subparagraphs (A), (B), and (C) of paragraph (4). (2) Coordinated Environmental Health Network Report \nEach Coordinated Environmental Health Network Report prepared under paragraph (1)(C) shall include— (A) a statement of the activities carried out under this title; (B) an analysis of the incidence, prevalence, and trends of priority chronic conditions and potentially relevant environmental and other factors by State and census tract (or other political or administrative subdivision determined appropriate by the Secretary in consultation with the Administrator of the Environmental Protection Agency) for the calendar year preceding the year for which the report is prepared; (C) the identification of gaps in the data of the Coordinated Network, including diseases of concern and environmental exposures not tracked; and (D) recommendations regarding high risk populations, public health concerns, response and prevention strategies, and additional tracking needs; (3) National Environmental Health Rapid Response Service \nThe National Environmental Health Rapid Response Service operated under paragraph (1)(D) shall— (A) work with environmental health investigators appointed or hired under subsection (b)(3)(D) to develop and implement strategies, protocols, and guidelines for the coordinated, rapid responses to actual and perceived higher than expected incidence and prevalence rates of priority chronic conditions and to acute and potential environmental hazards and exposures; (B) conduct investigations into higher than expected incidence and prevalence rates of priority chronic conditions or environmental exposures after an individual requests, through a process established by the Secretary, the intervention of the Service; (C) coordinate activities carried out under this title with activities carried out under sections 319 through 319G; and (D) coordinate activities carried out under this title with the Administrators, the Surgeon General, and the Director of the National Institutes of Health. (4) Data collection and reporting by State Networks \nThe minimum standards and procedures referred to in paragraph (1)(G) shall include— (A) a list and definitions of the priority chronic conditions to be tracked through the State Networks; (B) a list and definitions of relevant environmental exposures of concern to be tracked, to the extent practicable, through the State Networks, including— (i) hazardous air pollutants (as defined in section 302(g) of the Clean Air Act ); (ii) air pollutants for which national primary ambient air quality standards have been promulgated under section 109 of the Clean Air Act ; (iii) pollutants or contaminants (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ); (iv) toxic chemicals (as described in section 313 of the Emergency Planning and Community Right-to-Know Act of 1986); (v) substances reported under the Toxic Substances Control Act Inventory Update Rule as provided for in part 710 of title 40, Code of Federal Regulations, or successor regulations; (vi) pesticides (as defined in section 2(u) of the Federal Insecticide, Fungicide, and Rodenticide Act ); and (vii) such other potentially relevant environmental factors as the Secretary may specify; (C) a list and definitions of potentially relevant behavioral, socioeconomic, demographic, and other risk factors, including race, ethnic status, gender, age, occupation, and primary language, to be tracked through the State Networks; (D) procedures for the complete and timely collection and reporting of data to the Coordinated Network by census tract, or other political subdivision determined appropriate by the Secretary, in consultation with the Administrator of the Environmental Protection Agency, regarding the factors described in subparagraphs (A), (B), and (C); (E) procedures for making data available to the public and researchers, and for reporting to the Coordinated Network, while protecting the confidentiality of all personal data reported, in accordance with medical privacy regulations; (F) standards and procedures for the establishment and maintenance of at least 7 regional biomonitoring laboratories, including providing for an equitable geographic distribution, by entering into cooperative agreements with States, groups of States, and academic institutions or consortia of academic institutions, in order to expand the scope and amount of biomonitoring data collected by the Centers for Disease Control and Prevention; (G) criteria for the environmental health investigators as required under subsection (b)(3)(D); and (H) procedures for record and data maintenance and verification.", "id": "HA63DE90B7FF54315BAB7758332823C26", "header": "Coordinated Environmental Health Network", "nested": [], "links": [] }, { "text": "(b) State environmental health networks \n(1) Grants \nNot later than 24 months after the date of the enactment of this title, the Secretary, acting through the Director, in consultation with the Administrators, and taking into consideration the findings of the Committee, shall award grants to States, local governments, territories, and Indian tribes for the establishment, maintenance, and operation of State Environmental Health Networks in accordance with the minimum standards and procedures established by the Secretary under subsection (a)(4). (2) Specialized assistance \nThe Coordinated Network shall provide specialized assistance to grantees in the establishment, maintenance, and operation of State Networks. (3) Requirements \nA State, local government, territory, or Indian tribe receiving a grant under this subsection shall use the grant— (A) to establish an environmental health network that will provide— (i) for the complete tracking of the incidence, prevalence, and trends of priority chronic conditions and potentially relevant environmental and other factors as set forth in subsection (a), as well as any additional priority chronic conditions and potentially related environmental exposures of concern to that State, local government, territory, or Indian tribe; (ii) for identification of priority chronic conditions and potentially relevant environmental and other factors that disproportionately impact low income and minority communities; (iii) for the protection of the confidentiality of all personal data reported, in accordance with the medical privacy regulations; (iv) a means by which confidential data may, in accordance with Federal and State law, be disclosed to researchers for the purposes of public health research; (v) the fullest possible public access to data collected by the State Network or through the Coordinated Network, while ensuring that individual privacy is protected in accordance with subsection (a)(1)(B); and (vi) for the collection of exposure data through biomonitoring and other methods, including the entering into of cooperative agreements with the Coordinated Network in the establishment of the regional biomonitoring laboratories; (B) to develop a publicly available plan for establishing the State Network in order to meet minimum standards and procedures as developed by the Coordinated Network under subsection (a)(4), including the State’s priorities within the minimum standards, a timeline by which all the standards will be met, and a plan for coordinating and expanding existing data and surveillance systems within the State including any pilot projects established through the Centers for Disease Control and Prevention prior to the date of the enactment of this title; (C) to appoint a lead environmental health department or agency that will be responsible for the development, operation, and maintenance of the State Network, and ensure the appropriate coordination among State and local agencies regarding the development, operation, and maintenance of the State Network; (D) to appoint or hire an environmental health investigator who meets criteria established by the Secretary under subsection (a)(4)(G) and who will coordinate the development and maintenance of the rapid response protocol established under subparagraph (E); (E) to establish a rapid response protocol, coordinated by the grantee’s environmental health investigator, in order to respond in a timely manner to actual and perceived incidence and prevalence rates of priority chronic diseases that are higher than expected, acute and potential environmental hazards and exposures, and other environmental health concerns, including warning the public when emergent public health concerns are detected through the State Network, and concerns regarding vulnerable subpopulations and disproportionately impacted subpopulations; (F) to establish an advisory committee to ensure local community input to the State Network; and (G) to recruit and train public health officials to continue to expand the State Network. (4) Limitation \nA State, local government, territory, or Indian tribe that receives a grant under this section may not use more than 10 percent of the funds made available through the grant for administrative costs. (5) Application \nTo seek a grant under this section, a State, local government, territory, or Indian tribe shall submit to the Secretary an application at such time, in such form and manner, and accompanied by such information as the Secretary may specify. The Secretary may not approve an application for a grant under this subsection unless the application— (A) contains assurances that the State, local government, territory, or tribe will— (i) use the grant only in compliance with the requirements of this title; and (ii) establish such fiscal control and fund accounting procedures as may be necessary to ensure the proper disbursement and accounting of Federal funds paid to the State, local government, territory, or tribe under the grant; (B) contains the assurance that the State, local government, territory, or tribe will establish a State Network as required by this subsection; and (C) contains assurances that if the State, local government, territory, or tribe is unable to meet all of the requirements described in this subsection within the prescribed time period, the State, local government, territory, or tribe will use grant funds to increase the public health infrastructure of the State, local government, territory, or tribe, acting in cooperation with the Coordinated Network, in order to implement and maintain a State Network within 24 months of the receipt of such grant.", "id": "H77AE2DF650E64972ACB32E96942D919", "header": "State environmental health networks", "nested": [], "links": [] }, { "text": "(c) Pilot projects \n(1) In general \nBeginning in fiscal year 2005, a State, local government, territory, or Indian tribe may apply for a grant under this subsection to implement a pilot project that is approved by the Secretary, acting through the Director and in consultation with the Administrators and the Committee. (2) Activities \nA State, local government, territory, or Indian tribe shall use amounts received under a grant under this subsection to carry out a pilot project designed to develop State Network enhancements and to develop programs to address specific local and regional concerns, including— (A) the expansion of the State Network to include additional chronic diseases or environmental exposures; (B) the conduct of investigations of local concerns of increased incidence or prevalence of priority chronic conditions and environmental exposures; and (C) the carrying out of other activities as determined to be a priority by the State or consortium of regional States, local government, territory, or tribe and the Secretary. (3) Results \nThe Secretary may consider the results of the pilot projects under this subsection for inclusion into the Coordinated Network.", "id": "H4BA0524B01A14D0CA0C6917F78192EBE", "header": "Pilot projects", "nested": [], "links": [] }, { "text": "(d) Advisory Committee \n(1) Establishment \nNot later than 3 months after the date of the enactment of this title, the Secretary acting jointly with the Administrators, shall establish an Advisory Committee in accordance with the Federal Advisory Committee Act. (2) Composition \nThe Advisory Committee shall be composed of 16 members to be appointed by the Secretary. Each member of the Advisory Committee shall serve a 3-year term, except that the Secretary may appoint the initial members of the Advisory Committee for lesser terms in order to comply with the following sentence. In appointing the members of the Advisory Committee, the Secretary shall ensure that the terms of 5 or 6 members expire each year. The Advisory Committee shall include at least 9 members that have experience in the areas of— (A) public health; (B) the environment, especially toxic chemicals and human exposure; (C) epidemiology; and (D) biomonitoring and other relevant exposure technologies. (3) Reporting \nThe Advisory Committee shall not later than 12 months after the date of the enactment of this title, and at least once every 12 months thereafter, report to Congress on the progress of the Coordinated Network. (4) Hearings \nThe Advisory Committee shall hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Committee considers appropriate to carry out the objectives of the Coordinated Network. (5) Duties \nThe Advisory Committee shall— (A) review and provide input for the Coordinated Environmental Health Network Report prior to publication, and make recommendations as to the progress of the Coordinated Network, including identifying information gaps in the network; (B) assist in developing the minimum standards and procedures for the State Networks under subsection (a)(4); and (C) provide ongoing public input to the Coordinated Network.", "id": "H384173A7590841BBA77B5DB0981DD60", "header": "Advisory Committee", "nested": [], "links": [] }, { "text": "(e) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section $100,000,000 for fiscal year 2005 and such sums as may be necessary for each of fiscal years 2006 through 2009.", "id": "H27D68CD365A843D5A55DBBB8663543E", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "2902. Increasing public health personnel capacity \n(a) Schools or programs of public health Centers of Excellence \n(1) Grants \nBeginning in fiscal year 2005, the Secretary may award grants to at least 5 accredited schools or programs of public health for the establishment, maintenance, and operation of Centers of Excellence for research and demonstration with respect to chronic conditions and relevant environmental factors. (2) Activities \nA Center of Excellence established or operated under paragraph (1) shall undertake research and development projects in at least 1 of the following areas: (A) Investigating causal connections between chronic conditions and environmental factors. (B) Increasing the understanding of the causes of higher than expected incidence and prevalence rates of priority chronic conditions and developing more effective intervention methods for when such elevated rates occur. (C) Identifying additional chronic conditions and environmental factors that could be tracked by the Coordinated Network. (D) Improving translation of Coordinated Network tracking results into effective prevention activities. (E) Improving the training of public health workforce in environmental epidemiology. (F) Establishing links to the Coordinated Network and the State Networks to identify associations that warrant further study. (3) Requirements for Centers of excellence \nTo be eligible to receive a grant under paragraph (1), a school or program of public health shall provide assurances that the school or program— (A) meets the minimum requirements as established by the Secretary in consultation with the Director; (B) maintains privacy for public health information if appropriate to the project; and (C) makes public information regarding the findings and results of the programs. (4) Authorization of appropriations \nThere is authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2005 through 2009. (b) John h. chafee public health scholar program \n(1) In general \nThe Secretary shall award scholarships, to be known as John H. Chafee Public Health Scholarships, to eligible students who are enrolled in an accredited school of public health or medicine. The Secretary shall determine both the criteria and eligibility requirements for such scholarships, after consultation with the Committee. (2) Authorization of appropriations \nThere is authorized to be appropriated to carry out this subsection $2,500,000 for each of fiscal years 2005 through 2009. (c) Applied epidemiology fellowship programs \n(1) In general \nBeginning in fiscal year 2005, the Secretary, acting through the Director, shall enter into a cooperative agreement with the Council of State and Territorial Epidemiologists to train and place, in State and local health departments, applied epidemiology fellows to enhance State and local epidemiology capacity in the areas of environmental health, chronic disease, and birth defects and development disabilities. (2) Authorization of appropriations \nThere is authorized to be appropriated to carry out this subsection $2,500,000 for fiscal year 2005, and such sums as may be necessary in each of fiscal years 2006 through 2009.", "id": "H6168829F3E6C48B6A8982F15AB8F4348", "header": "Increasing public health personnel capacity", "nested": [ { "text": "(a) Schools or programs of public health Centers of Excellence \n(1) Grants \nBeginning in fiscal year 2005, the Secretary may award grants to at least 5 accredited schools or programs of public health for the establishment, maintenance, and operation of Centers of Excellence for research and demonstration with respect to chronic conditions and relevant environmental factors. (2) Activities \nA Center of Excellence established or operated under paragraph (1) shall undertake research and development projects in at least 1 of the following areas: (A) Investigating causal connections between chronic conditions and environmental factors. (B) Increasing the understanding of the causes of higher than expected incidence and prevalence rates of priority chronic conditions and developing more effective intervention methods for when such elevated rates occur. (C) Identifying additional chronic conditions and environmental factors that could be tracked by the Coordinated Network. (D) Improving translation of Coordinated Network tracking results into effective prevention activities. (E) Improving the training of public health workforce in environmental epidemiology. (F) Establishing links to the Coordinated Network and the State Networks to identify associations that warrant further study. (3) Requirements for Centers of excellence \nTo be eligible to receive a grant under paragraph (1), a school or program of public health shall provide assurances that the school or program— (A) meets the minimum requirements as established by the Secretary in consultation with the Director; (B) maintains privacy for public health information if appropriate to the project; and (C) makes public information regarding the findings and results of the programs. (4) Authorization of appropriations \nThere is authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2005 through 2009.", "id": "H050EA3675C4F4E9B85E1DBD74EDB6246", "header": "Schools or programs of public health Centers of Excellence", "nested": [], "links": [] }, { "text": "(b) John h. chafee public health scholar program \n(1) In general \nThe Secretary shall award scholarships, to be known as John H. Chafee Public Health Scholarships, to eligible students who are enrolled in an accredited school of public health or medicine. The Secretary shall determine both the criteria and eligibility requirements for such scholarships, after consultation with the Committee. (2) Authorization of appropriations \nThere is authorized to be appropriated to carry out this subsection $2,500,000 for each of fiscal years 2005 through 2009.", "id": "HD0FBD6163C014471007FEBFC2B48331E", "header": "John h. chafee public health scholar program", "nested": [], "links": [] }, { "text": "(c) Applied epidemiology fellowship programs \n(1) In general \nBeginning in fiscal year 2005, the Secretary, acting through the Director, shall enter into a cooperative agreement with the Council of State and Territorial Epidemiologists to train and place, in State and local health departments, applied epidemiology fellows to enhance State and local epidemiology capacity in the areas of environmental health, chronic disease, and birth defects and development disabilities. (2) Authorization of appropriations \nThere is authorized to be appropriated to carry out this subsection $2,500,000 for fiscal year 2005, and such sums as may be necessary in each of fiscal years 2006 through 2009.", "id": "H20E7D01C2A454A25A530B4A2B2A49140", "header": "Applied epidemiology fellowship programs", "nested": [], "links": [] } ], "links": [] }, { "text": "2903. General provisions \n(a) Internal monitoring and coordination regarding CDC \nThe Secretary, acting through the Director, shall place primary responsibility for the coordination of the programs established under this title in the Office of the Director. The officers or employees of the Centers for Disease Control and Prevention who are assigned responsibility for monitoring and coordinating the activities carried out under this title by the Director shall include officers or employees within the Office of the Director. (b) Funding through appropriations account for Public Health Improvement \nAll authorizations of appropriations established in this title are authorizations exclusively for appropriations to the account that, among appropriations accounts for the Centers for Disease Control and Prevention, is designated Public Health Improvement. (c) Date certain for obligation of appropriations \nWith respect to the process of receiving applications for and making awards of grants, cooperative agreements, and contracts under this title, the Secretary, acting through the Director, shall to the extent practicable design the process to ensure that amounts appropriated under this title for such awards for a fiscal year are obligated not later than the beginning of the fourth quarter of the fiscal year, subject to compliance with section 1512 of title 31, United States Code (relating to deficiency or supplemental appropriations), and other applicable law regarding appropriations accounting. (d) Coordination with Agency for toxic substances and disease registry \nIn carrying out this title, the Secretary, acting through the Director, shall coordinate activities and responses with the Agency for Toxic Substances and Disease Registry. (e) Coordination with existing pilot projects through CDC \nThe Secretary shall integrate the enactment of this title with all environmental health tracking pilot projects funded prior to the date of enactment of this title.", "id": "H4FC4C3F4CCB144300013961CA13896AE", "header": "General provisions", "nested": [ { "text": "(a) Internal monitoring and coordination regarding CDC \nThe Secretary, acting through the Director, shall place primary responsibility for the coordination of the programs established under this title in the Office of the Director. The officers or employees of the Centers for Disease Control and Prevention who are assigned responsibility for monitoring and coordinating the activities carried out under this title by the Director shall include officers or employees within the Office of the Director.", "id": "HACA8709725C24B82B4E40084ADBB65CF", "header": "Internal monitoring and coordination regarding CDC", "nested": [], "links": [] }, { "text": "(b) Funding through appropriations account for Public Health Improvement \nAll authorizations of appropriations established in this title are authorizations exclusively for appropriations to the account that, among appropriations accounts for the Centers for Disease Control and Prevention, is designated Public Health Improvement.", "id": "HAAB78249B38A4827AEA3A8073F047F67", "header": "Funding through appropriations account for Public Health Improvement", "nested": [], "links": [] }, { "text": "(c) Date certain for obligation of appropriations \nWith respect to the process of receiving applications for and making awards of grants, cooperative agreements, and contracts under this title, the Secretary, acting through the Director, shall to the extent practicable design the process to ensure that amounts appropriated under this title for such awards for a fiscal year are obligated not later than the beginning of the fourth quarter of the fiscal year, subject to compliance with section 1512 of title 31, United States Code (relating to deficiency or supplemental appropriations), and other applicable law regarding appropriations accounting.", "id": "HCBA8BEAFA10940BDBE6001B3464500B3", "header": "Date certain for obligation of appropriations", "nested": [], "links": [ { "text": "section 1512", "legal-doc": "usc", "parsable-cite": "usc/31/1512" } ] }, { "text": "(d) Coordination with Agency for toxic substances and disease registry \nIn carrying out this title, the Secretary, acting through the Director, shall coordinate activities and responses with the Agency for Toxic Substances and Disease Registry.", "id": "H36614715243E4F85AE523E136DE7F29", "header": "Coordination with Agency for toxic substances and disease registry", "nested": [], "links": [] }, { "text": "(e) Coordination with existing pilot projects through CDC \nThe Secretary shall integrate the enactment of this title with all environmental health tracking pilot projects funded prior to the date of enactment of this title.", "id": "H2C3D3246BF6B4B77962FDA11BECB03A7", "header": "Coordination with existing pilot projects through CDC", "nested": [], "links": [] } ], "links": [ { "text": "section 1512", "legal-doc": "usc", "parsable-cite": "usc/31/1512" } ] } ]

[ "Energy and Commerce Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Secret Ballot Protection Act of 2004.", "id": "H822661F8E37F46EDBED58BC85144E8C0", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds that— (1) the right of employees under the National Labor Relations Act to choose whether to be represented by a labor organization by way of secret ballot election conducted by the National Labor Relations Board is among the most important protections afforded under Federal labor law; (2) the right of employees to choose by secret ballot is the only method that ensures a choice free of coercion, intimidation, irregularity, or illegality; and (3) the recognition of a labor organization by using a private agreement, rather than a secret ballot election overseen by the National Labor Relations Board, threatens the freedom of employees to choose whether to be represented by a labor organization, and severely limits the ability of the National Labor Relations Board to ensure the protection of workers.", "id": "H53D88222E7CA440888C11DC445B8AF7D", "header": "Findings", "nested": [], "links": [] }, { "text": "3. National Labor Relations Act \n(a) Recognition of representative \n(1) In general \nSection 8(a)(2) of the National Labor Relations Act ( 29 U.S.C. 158(a)(2) ) is amended by inserting before the colon the following: or to recognize or bargain collectively with a labor organization that has not been selected by a majority of such employees in a secret ballot election conducted by the National Labor Relations Board in accordance with section 9. (2) Application \nThe amendment made by subsection (a) shall not apply to collective bargaining relationships in which a labor organization with majority support was lawfully recognized before the date of the enactment of this Act. (b) Election required \n(1) In general \nSection 8(b) of the National Labor Relations Act ( 29 U.S.C. 158(b) ), as amended by subsection (c) of this section, is amended— (A) by striking and at the end of paragraph (6); (B) by striking the period at the end of paragraph (7) and inserting ; and ; and (C) by adding at the end the following: (8) to cause or attempt to cause an employer to recognize or bargain collectively with a representative of a labor organization that has not been selected by a majority of such employees in a secret ballot election conducted by the National Labor Relations Board in accordance with section 9.. (2) Application \nThe amendment made by paragraph (1) shall not apply to collective bargaining relationships that were recognized before the date of the enactment of this Act. (c) Secret Ballot Election \nSection 9(a) of the National Labor Relations Act ( 29 U.S.C. 159(a) ), is amended— (1) by inserting (1) after (a) ; (2) by inserting after designated or selected the following: by a secret ballot election conducted by the National Labor Relations Board in accordance with this section ; and (3) by adding at the end the following: (2) The secret ballot election requirement of paragraph (1) shall not apply to collective bargaining relationships that were recognized before the date of the enactment of this Act..", "id": "HA1AC90307C1A47169D80A90284C22F1F", "header": "National Labor Relations Act", "nested": [ { "text": "(a) Recognition of representative \n(1) In general \nSection 8(a)(2) of the National Labor Relations Act ( 29 U.S.C. 158(a)(2) ) is amended by inserting before the colon the following: or to recognize or bargain collectively with a labor organization that has not been selected by a majority of such employees in a secret ballot election conducted by the National Labor Relations Board in accordance with section 9. (2) Application \nThe amendment made by subsection (a) shall not apply to collective bargaining relationships in which a labor organization with majority support was lawfully recognized before the date of the enactment of this Act.", "id": "H296DDCBC69B44BA096BBFE8B0068F9D8", "header": "Recognition of representative", "nested": [], "links": [ { "text": "29 U.S.C. 158(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/29/158" } ] }, { "text": "(b) Election required \n(1) In general \nSection 8(b) of the National Labor Relations Act ( 29 U.S.C. 158(b) ), as amended by subsection (c) of this section, is amended— (A) by striking and at the end of paragraph (6); (B) by striking the period at the end of paragraph (7) and inserting ; and ; and (C) by adding at the end the following: (8) to cause or attempt to cause an employer to recognize or bargain collectively with a representative of a labor organization that has not been selected by a majority of such employees in a secret ballot election conducted by the National Labor Relations Board in accordance with section 9.. (2) Application \nThe amendment made by paragraph (1) shall not apply to collective bargaining relationships that were recognized before the date of the enactment of this Act.", "id": "HF1F3406633AC410BAF8BFE05BFA9D105", "header": "Election required", "nested": [], "links": [ { "text": "29 U.S.C. 158(b)", "legal-doc": "usc", "parsable-cite": "usc/29/158" } ] }, { "text": "(c) Secret Ballot Election \nSection 9(a) of the National Labor Relations Act ( 29 U.S.C. 159(a) ), is amended— (1) by inserting (1) after (a) ; (2) by inserting after designated or selected the following: by a secret ballot election conducted by the National Labor Relations Board in accordance with this section ; and (3) by adding at the end the following: (2) The secret ballot election requirement of paragraph (1) shall not apply to collective bargaining relationships that were recognized before the date of the enactment of this Act..", "id": "HF2603DE310A74D6DB500F36C70DE43F6", "header": "Secret Ballot Election", "nested": [], "links": [ { "text": "29 U.S.C. 159(a)", "legal-doc": "usc", "parsable-cite": "usc/29/159" } ] } ], "links": [ { "text": "29 U.S.C. 158(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/29/158" }, { "text": "29 U.S.C. 158(b)", "legal-doc": "usc", "parsable-cite": "usc/29/158" }, { "text": "29 U.S.C. 159(a)", "legal-doc": "usc", "parsable-cite": "usc/29/159" } ] }, { "text": "4. Regulations \nNot later than 6 months after the date of the enactment of this Act the National Labor Relations Board shall review and revise all regulations promulgated before such date to implement the amendments made in this Act to the National Labor Relations Act.", "id": "H7560506637E245E4BBC0BB65B0EA5FA6", "header": "Regulations", "nested": [], "links": [] } ]

[ "Education and the Workforce Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Wichita Project Equus Beds Division Authorization Act of 2004.", "id": "H9F6FED80C4214D25B070CDE8E41BB1F", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Equus Beds Division \nThe Act entitled An Act to provide for the construction of the Cheney division, Witchita Federal reclamation project, Kansas, and for other purposes ( Public Law 86–787 ; 74 Stat. 1026) is amended by adding the following new section: 10. Equus Beds Division \n(a) Authorization \nThe Secretary of the Interior may assist in the funding and implementation of the Equus Beds Aquifer Recharge and Recovery Component which is a part of the Integrated Local Water Supply Plan, Wichita, Kansas (referred to in this section as the Equus Beds Division ). Construction of the Equus Beds Division shall be in substantial accordance with the plans and designs. (b) Operation, Maintenance, and Replacement \nOperation, maintenance, and replacement of the Equus Beds Division, including funding for those purposes, shall be the sole responsibility of the City of Wichita, Kansas. The Equus Beds Division shall be operated in accordance with applicable laws and regulations. (c) Agreements \nThe Secretary of the Interior may enter into, or agree to amendments of, cooperative agreements and other appropriate agreements to carry out this section. (d) Administrative costs \nFrom funds made available for this section, the Secretary of the Interior may charge an appropriate share related to administrative costs incurred. (e) Plans and analyses consistent with Federal law \nBefore obligating funds for design or construction under this section, the Secretary of the Interior shall work cooperatively with the City of Wichita, Kansas, to use, to the extent possible, plans, designs, and engineering and environmental analyses that have already been prepared by the City for the Equus Beds Division. The Secretary of the Interior shall assure that such information is used consistent with applicable Federal laws and regulations. (f) Title; responsibility; liability \nNothing in this section or assistance provided under this section shall be construed to transfer title, responsibility, or liability related to the Equus Beds Division (including portions or features thereof) to the United States. (g) Authorization of appropriations \nThere is authorized to be appropriated as the Federal share of the total cost of the Equus Beds Division, an amount not to not exceed 25 percent of the total cost or $30,000,000 (January, 2003 prices), whichever is less, plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indexes applicable to the type of construction involved herein, whichever is less. Such sums shall be nonreimbursable..", "id": "H8B1E79B9C8B84274BB2B03F2386900A3", "header": "Equus Beds Division", "nested": [], "links": [ { "text": "Public Law 86–787", "legal-doc": "public-law", "parsable-cite": "pl/86/787" } ] }, { "text": "10. Equus Beds Division \n(a) Authorization \nThe Secretary of the Interior may assist in the funding and implementation of the Equus Beds Aquifer Recharge and Recovery Component which is a part of the Integrated Local Water Supply Plan, Wichita, Kansas (referred to in this section as the Equus Beds Division ). Construction of the Equus Beds Division shall be in substantial accordance with the plans and designs. (b) Operation, Maintenance, and Replacement \nOperation, maintenance, and replacement of the Equus Beds Division, including funding for those purposes, shall be the sole responsibility of the City of Wichita, Kansas. The Equus Beds Division shall be operated in accordance with applicable laws and regulations. (c) Agreements \nThe Secretary of the Interior may enter into, or agree to amendments of, cooperative agreements and other appropriate agreements to carry out this section. (d) Administrative costs \nFrom funds made available for this section, the Secretary of the Interior may charge an appropriate share related to administrative costs incurred. (e) Plans and analyses consistent with Federal law \nBefore obligating funds for design or construction under this section, the Secretary of the Interior shall work cooperatively with the City of Wichita, Kansas, to use, to the extent possible, plans, designs, and engineering and environmental analyses that have already been prepared by the City for the Equus Beds Division. The Secretary of the Interior shall assure that such information is used consistent with applicable Federal laws and regulations. (f) Title; responsibility; liability \nNothing in this section or assistance provided under this section shall be construed to transfer title, responsibility, or liability related to the Equus Beds Division (including portions or features thereof) to the United States. (g) Authorization of appropriations \nThere is authorized to be appropriated as the Federal share of the total cost of the Equus Beds Division, an amount not to not exceed 25 percent of the total cost or $30,000,000 (January, 2003 prices), whichever is less, plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indexes applicable to the type of construction involved herein, whichever is less. Such sums shall be nonreimbursable.", "id": "H6A69E653C57C4CC2AB4559E930D6F895", "header": "Equus Beds Division", "nested": [ { "text": "(a) Authorization \nThe Secretary of the Interior may assist in the funding and implementation of the Equus Beds Aquifer Recharge and Recovery Component which is a part of the Integrated Local Water Supply Plan, Wichita, Kansas (referred to in this section as the Equus Beds Division ). Construction of the Equus Beds Division shall be in substantial accordance with the plans and designs.", "id": "HB28D497E83134E7EAE669F5D62CE2697", "header": "Authorization", "nested": [], "links": [] }, { "text": "(b) Operation, Maintenance, and Replacement \nOperation, maintenance, and replacement of the Equus Beds Division, including funding for those purposes, shall be the sole responsibility of the City of Wichita, Kansas. The Equus Beds Division shall be operated in accordance with applicable laws and regulations.", "id": "H4138A535F9C44AB8B700224C00C8AE8", "header": "Operation, Maintenance, and Replacement", "nested": [], "links": [] }, { "text": "(c) Agreements \nThe Secretary of the Interior may enter into, or agree to amendments of, cooperative agreements and other appropriate agreements to carry out this section.", "id": "H4A35E6A1CF8E46E5A03FDDCB00C140A", "header": "Agreements", "nested": [], "links": [] }, { "text": "(d) Administrative costs \nFrom funds made available for this section, the Secretary of the Interior may charge an appropriate share related to administrative costs incurred.", "id": "HAED68D996FFE46BCAF60C0BCD9AB8CB8", "header": "Administrative costs", "nested": [], "links": [] }, { "text": "(e) Plans and analyses consistent with Federal law \nBefore obligating funds for design or construction under this section, the Secretary of the Interior shall work cooperatively with the City of Wichita, Kansas, to use, to the extent possible, plans, designs, and engineering and environmental analyses that have already been prepared by the City for the Equus Beds Division. The Secretary of the Interior shall assure that such information is used consistent with applicable Federal laws and regulations.", "id": "HDB4C1846EA0D4465BB061C343E00F200", "header": "Plans and analyses consistent with Federal law", "nested": [], "links": [] }, { "text": "(f) Title; responsibility; liability \nNothing in this section or assistance provided under this section shall be construed to transfer title, responsibility, or liability related to the Equus Beds Division (including portions or features thereof) to the United States.", "id": "H4BDEB0B1D14840E2A3ACA7E75CDF8EBA", "header": "Title; responsibility; liability", "nested": [], "links": [] }, { "text": "(g) Authorization of appropriations \nThere is authorized to be appropriated as the Federal share of the total cost of the Equus Beds Division, an amount not to not exceed 25 percent of the total cost or $30,000,000 (January, 2003 prices), whichever is less, plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indexes applicable to the type of construction involved herein, whichever is less. Such sums shall be nonreimbursable.", "id": "HE352F02CC5E54350BCC8ED79D4DE78D", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] } ]

[ "Natural Resources Committee" ]

[ { "text": "1. Findings \nCongress makes the following findings: (1) The field artillery is one of the oldest and most celebrated of the Army’s combat arms. (2) The field artillery was critical to American success in the War to end all Wars, World War I. (3) The field artillery also proved to be a decisive factor during World War II, helping the United States achieve victories in Europe, Africa, and the Pacific. General George S. Patton Jr. remarked, I do not need to tell you who won the war. You know the artillery did. (4) The field artillery continued to play a role in military actions in Korea, Vietnam, and the Persian Gulf and it remains critical to today’s military efforts. (5) Despite the past heroic efforts of the members of the Army who served in the field artillery, there is no badge specifically recognizing the contribution of field artillerymen.", "id": "H5498F97F610348FB88B28811DCD01F32", "header": "Findings", "nested": [], "links": [] }, { "text": "2. Establishment of combat artillery badge \n(a) In general \nChapter 357 of title 10, United States Code, is amended by adding at the end the following new section: 3757. Combat artillery badge \n(a) The Secretary of the Army shall issue a combat artillery badge to each person who, while a member of the Army in the artillery branch, participated in combat after April 5, 1917. Criteria for the issuance of the medal shall be established by the Secretary and shall be as similar as practicable for the issuance of the combat infantry badge to persons in the infantry branch. (b) In the case of persons who, while a member of the Army in the artillery branch, participated in combat after April 5, 1917, and before the date of the enactment of this section, the Secretary shall issue the badge described in subsection (a)— (1) to each such person who is known to the Secretary before such date of enactment; and (2) to each such person with respect to whom an application for the issuance of such badge is made to the Secretary after such date in such manner, and within such time period, as the Secretary may require.. (b) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by adding at the end the following new item: 3757. Combat artillery badge.", "id": "H2BDC574DFD54423BBAADCB1B9862ECB1", "header": "Establishment of combat artillery badge", "nested": [ { "text": "(a) In general \nChapter 357 of title 10, United States Code, is amended by adding at the end the following new section: 3757. Combat artillery badge \n(a) The Secretary of the Army shall issue a combat artillery badge to each person who, while a member of the Army in the artillery branch, participated in combat after April 5, 1917. Criteria for the issuance of the medal shall be established by the Secretary and shall be as similar as practicable for the issuance of the combat infantry badge to persons in the infantry branch. (b) In the case of persons who, while a member of the Army in the artillery branch, participated in combat after April 5, 1917, and before the date of the enactment of this section, the Secretary shall issue the badge described in subsection (a)— (1) to each such person who is known to the Secretary before such date of enactment; and (2) to each such person with respect to whom an application for the issuance of such badge is made to the Secretary after such date in such manner, and within such time period, as the Secretary may require..", "id": "HFA7080C12ABE468EA67BCCB7AA3C88BE", "header": "In general", "nested": [], "links": [ { "text": "Chapter 357", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/357" } ] }, { "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: 3757. Combat artillery badge.", "id": "H15B4BF7DBED04FABBD8B11C15B08415", "header": "Clerical amendment", "nested": [], "links": [] } ], "links": [ { "text": "Chapter 357", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/357" } ] }, { "text": "3757. Combat artillery badge \n(a) The Secretary of the Army shall issue a combat artillery badge to each person who, while a member of the Army in the artillery branch, participated in combat after April 5, 1917. Criteria for the issuance of the medal shall be established by the Secretary and shall be as similar as practicable for the issuance of the combat infantry badge to persons in the infantry branch. (b) In the case of persons who, while a member of the Army in the artillery branch, participated in combat after April 5, 1917, and before the date of the enactment of this section, the Secretary shall issue the badge described in subsection (a)— (1) to each such person who is known to the Secretary before such date of enactment; and (2) to each such person with respect to whom an application for the issuance of such badge is made to the Secretary after such date in such manner, and within such time period, as the Secretary may require.", "id": "H1F754853A44243BCB2487615FB00CE6E", "header": "Combat artillery badge", "nested": [ { "text": "(a) The Secretary of the Army shall issue a combat artillery badge to each person who, while a member of the Army in the artillery branch, participated in combat after April 5, 1917. Criteria for the issuance of the medal shall be established by the Secretary and shall be as similar as practicable for the issuance of the combat infantry badge to persons in the infantry branch.", "id": "H2DD82319E5F84FB18B7D39CD81DAD379", "header": null, "nested": [], "links": [] }, { "text": "(b) In the case of persons who, while a member of the Army in the artillery branch, participated in combat after April 5, 1917, and before the date of the enactment of this section, the Secretary shall issue the badge described in subsection (a)— (1) to each such person who is known to the Secretary before such date of enactment; and (2) to each such person with respect to whom an application for the issuance of such badge is made to the Secretary after such date in such manner, and within such time period, as the Secretary may require.", "id": "H17F65FC0357942A3A311F513363D4B9C", "header": null, "nested": [], "links": [] } ], "links": [] } ]

[ "Armed Services Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the High Risk Nonprofit Security Enhancement Act of 2004.", "id": "H94E38F2FA06642879459E892F2005101", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Finding \nCongress finds that there is a public interest in protecting high-risk nonprofit organizations from international terrorist attacks that would disrupt the vital services such organizations provide to the people of the United States and threaten the lives and well-being of United States citizens who operate, utilize, and live or work in proximity to such organizations.", "id": "H5667FB68C6974FE38D5731174CBABB29", "header": "Finding", "nested": [], "links": [] }, { "text": "3. Purposes \nThe purposes of this Act are to— (1) establish within the Department of Homeland Security a program to protect United States citizens at or near high-risk nonprofit organizations from international terrorist attacks through loan guarantees and Federal contracts for security enhancements and technical assistance; (2) establish a program within the Department of Homeland Security to provide grants to local governments to assist with incremental costs associated with law enforcement in areas in which there are a high concentration of high-risk nonprofit organizations vulnerable to international terrorist attacks; and (3) establish an Office of Community Relations and Civic Affairs within the Department of Homeland Security to focus on security needs of high-risk nonprofit organizations with respect to international terrorist threats.", "id": "HBC28C75E0EE340AFAC06A295272309D0", "header": "Purposes", "nested": [], "links": [] }, { "text": "4. Authority to enter into contracts and issue Federal loan guarantees \nThe Homeland Security Act of 2002 ( 6 U.S.C. 101 et seq. ) is amended by adding at the end the following: XVIII Protection of citizens at high-risk nonprofit organizations \n1801. Definitions \nIn this title: (1) Contract \nThe term contract means a contract between the Federal Government and a contractor selected from the list of certified contractors to perform security enhancements or provide technical assistance approved by the Secretary under this title. (2) Favorable repayment terms \nThe term favorable repayment terms means the repayment terms of loans offered to nonprofit organizations under this title that— (A) are determined by the Secretary, in consultation with the Secretary of the Treasury, to be favorable under current market conditions; (B) have interest rates at least 1 full percentage point below the market rate; and (C) provide for repayment over a term not less than 25 years. (3) Nonprofit organization \nThe term nonprofit organization means an organization that— (A) is described under section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; and (B) is designated by the Secretary under section 1803(a). (4) Security enhancements \nThe term security enhancements — (A) means the purchase and installation of security equipment in real property (including buildings and improvements), owned or leased by a nonprofit organization, specifically in response to the risk of attack at a nonprofit organization by an international terrorist organization; (B) includes software security measures; and (C) does not include enhancements that would otherwise have been reasonably necessary due to nonterrorist threats. (5) Technical assistance \nThe term technical assistance — (A) means guidance, assessment, recommendations, and any other provision of information or expertise which assists nonprofit organizations in— (i) identifying security needs; (ii) purchasing and installing security enhancements; (iii) training employees to use and maintain security enhancements; or (iv) training employees to recognize and respond to international terrorist threats; and (B) does not include technical assistance that would otherwise have been reasonably necessary due to nonterrorist threats. 1802. Authority to enter into contracts and issue Federal loan guarantees \n(a) In general \nThe Secretary may— (1) enter into contracts with certified contractors for security enhancements and technical assistance for nonprofit organizations; and (2) issue Federal loan guarantees to financial institutions in connection with loans made by such institutions to nonprofit organizations for security enhancements and technical assistance. (b) Loans \nThe Secretary may guarantee loans under this title— (1) only to the extent provided for in advance by appropriations Acts; and (2) only to the extent such loans have favorable repayment terms. 1803. Eligibility criteria \n(a) In general \nThe Secretary shall designate nonprofit organizations as high-risk nonprofit organizations eligible for contracts or loans under this title based on the vulnerability of the specific site of the nonprofit organization to international terrorist attacks. (b) Vulnerability determination \nIn determining vulnerability to international terrorist attacks and eligibility for security enhancements or technical assistance under this title, the Secretary shall consider— (1) threats of international terrorist organizations (as designated by the State Department) against any group of United States citizens who operate or are the principal beneficiaries or users of the nonprofit organization; (2) prior attacks, within or outside the United States, by international terrorist organizations against the nonprofit organization or entities associated with or similarly situated as the nonprofit organization; (3) the symbolic value of the site as a highly recognized United States cultural or historical institution that renders the site a possible target of international terrorism; (4) the role of the nonprofit organization in responding to international terrorist attacks; and (5) any recommendations of the applicable State Homeland Security Authority established under section 1806 or Federal, State, and local law enforcement authorities. (c) Documentation \nIn order to be eligible for security enhancements, technical assistance or loan guarantees under this title, the nonprofit organization shall provide the Secretary with documentation that— (1) the nonprofit organization hosted a gathering of at least 100 or more persons at least once each month at the nonprofit organization site during the preceding 12 months; or (2) the nonprofit organization provides services to at least 500 persons each year at the nonprofit organization site. (d) Technical assistance organizations \nIf 2 or more nonprofit organizations establish another nonprofit organization to provide technical assistance, that established organization shall be eligible to receive security enhancements and technical assistance under this title based upon the collective risk of the nonprofit organizations it serves. 1804. Use of loan guarantees \nFunds borrowed from lending institutions, which are guaranteed by the Federal Government under this title, may be used for technical assistance and security enhancements. 1805. Nonprofit organization applications \n(a) In general \nA nonprofit organization desiring assistance under this title shall submit a separate application for each specific site needing security enhancements or technical assistance. (b) Content \nEach application shall include— (1) a detailed request for security enhancements and technical assistance, from a list of approved enhancements and assistance issued by the Secretary under this title; (2) a description of the intended uses of funds to be borrowed under Federal loan guarantees; and (3) such other information as the Secretary shall require. (c) Joint application \nTwo or more nonprofit organizations located on contiguous sites may submit a joint application. 1806. Review by State Homeland Security Authorities \n(a) Establishment of State Homeland Security Authorities \nIn accordance with regulations prescribed by the Secretary, each State may establish a State Homeland Security Authority to carry out this title. (b) Applications \n(1) Submission \nApplications shall be submitted to the applicable State Homeland Security Authority. (2) Evaluation \nAfter consultation with Federal, State, and local law enforcement authorities, the State Homeland Security Authority shall evaluate all applications using the criteria under section 1803 and transmit all qualifying applications to the Secretary ranked by severity of risk of international terrorist attack. (3) Appeal \nAn applicant may appeal the finding that an application is not a qualifying application to the Secretary under procedures that the Secretary shall issue by regulation not later than 90 days after the date of enactment of this title. 1807. Security enhancement and technical assistance contracts and loan guarantees \n(a) In General \nUpon receipt of the applications, the Secretary shall select applications for execution of security enhancement and technical assistance contracts, or issuance of loan guarantees, giving preference to the nonprofit organizations determined to be at greatest risk of international terrorist attack based on criteria under section 1803. (b) Security Enhancements and Technical Assistance; Followed by Loan Guarantees \nThe Secretary shall execute security enhancement and technical assistance contracts for the highest priority applicants until available funds are expended, after which loan guarantees shall be made available for additional applicants determined to be at high risk, up to the authorized amount of loan guarantees. The Secretary may provide with respect to a single application a combination of such contracts and loan guarantees. (c) Joint applications \nSpecial preference shall be given to joint applications submitted on behalf of multiple nonprofit organizations located in contiguous settings. (d) Maximizing Available Funds \nSubject to subsection (b), the Secretary shall execute security enhancement and technical assistance contracts in such amounts as to maximize the number of high-risk applicants nationwide receiving assistance under this title. (e) Applicant Notification \nUpon selecting a nonprofit organization for assistance under this title, the Secretary shall notify the nonprofit organization that the Federal Government is prepared to enter into a contract with certified contractors to install specified security enhancements or provide specified technical assistance at the site of the nonprofit organization. (f) Certified Contractors \n(1) In general \nUpon receiving a notification under subsection (e), the nonprofit organization shall select a certified contractor to perform the specified security enhancements, from a list of certified contractors issued and maintained by the Secretary under subsection (j). (2) List \nThe list referred to in paragraph (1) shall be comprised of contractors selected on the basis of— (A) technical expertise; (B) performance record including quality and timeliness of work performed; (C) adequacy of employee criminal background checks; and (D) price competitiveness. (3) Other certified contractors \nThe Secretary shall include on the list of certified contractors additional contractors selected by senior officials at State Homeland Security Authorities and the chief executives of county and other local jurisdictions. Such additional certified contractors shall be selected on the basis of the criteria under paragraph (2). (g) Ensuring the Availability of Contractors \nIf the list of certified contractors under this section does not include any contractors who can begin work on the security enhancements or technical assistance within 60 days after applicant notification, the nonprofit organization may submit a contractor not currently on the list to the Secretary for the Secretary’s review. If the Secretary does not include the submitted contractor on the list of certified contractors within 60 days after the submission and does not place an alternative contractor on the list within the same time period (who would be available to begin the specified work within that 60-day period), the Secretary shall immediately place the submitted contractor on the list of certified contractors and such contractor shall remain on such list until— (1) the specified work is completed; or (2) the Secretary can show cause why such contractor may not retain certification, with such determinations subject to review by the Comptroller General of the United States. (h) Contracts \nUpon selecting a certified contractor to provide security enhancements and technical assistance approved by the Secretary under this title, the nonprofit organization shall notify the Secretary of such selection. The Secretary shall deliver a contract to such contractor within 10 business days after such notification. (i) Contracts for Additional Work or Upgrades \nA nonprofit organization, using its own funds, may enter into an additional contract with the certified contractor, for additional or upgraded security enhancements or technical assistance. Such additional contracts shall be separate contracts between the nonprofit organization and the contractor. (j) Expediting Assistance \nIn order to expedite assistance to nonprofit organizations, the Secretary shall— (1) compile a list of approved technical assistance and security enhancement activities within 45 days after the date of enactment of this title; (2) publish in the Federal Register within 60 days after such date of enactment a request for contractors to submit applications to be placed on the list of certified contractors under this section; (3) after consultation with the Secretary of the Treasury, publish in the Federal Register within 60 days after such date of enactment, prescribe regulations setting forth the conditions under which loan guarantees shall be issued under this title, including application procedures, expeditious review of applications, underwriting criteria, assignment of loan guarantees, modifications, commercial validity, defaults, and fees; and (4) publish in the Federal Register within 120 days after such date of enactment (and every 30 days thereafter) a list of certified contractors, including those selected by State Homeland Security Authorities, county, and local officials, with coverage of all 50 States, the District of Columbia, and the territories. 1808. Local law enforcement assistance grants \n(a) In General \nThe Secretary may provide grants to units of local government to offset incremental costs associated with law enforcement in areas where there is a high concentration of nonprofit organizations. (b) Use \nGrant funds received under this section may be used only for personnel costs or for equipment needs specifically related to such incremental costs. (c) Maximization of Impact \nThe Secretary shall award grants in such amounts as to maximize the impact of available funds in protecting nonprofit organizations nationwide from international terrorist attacks. 1809. Office of Community Relations and Civic Affairs \n(a) In General \nThere is established within the Department, the Office of Community Relations and Civic Affairs to administer grant programs for nonprofit organizations and local law enforcement assistance. (b) Additional Responsibilities \nThe Office of Community Relations and Civic Affairs shall— (1) coordinate community relations efforts of the Department; (2) serve as the official liaison of the Secretary to the nonprofit, human and social services, and faith-based communities; and (3) assist in coordinating the needs of those communities with the Citizen Corps program. 1810. Authorization of appropriations and loan guarantees \n(a) Nonprofit organizations program \nThere are authorized to be appropriated to the Department to carry out the nonprofit organization program under this title, $100,000,000 for fiscal year 2005 and such sums as may be necessary for fiscal years 2006 and 2007. (b) Local law enforcement assistance grants \nThere are authorized to be appropriated to the Department for local law enforcement assistance grants under section 1808, $50,000,000 for fiscal year 2005 and such sums as may be necessary for fiscal years 2006 and 2007. (c) Office of Community Relations and Civic Affairs \nThere are authorized to be appropriated to the Department for the Office of Community Relations and Civic Affairs under section 1809, $5,000,000 for fiscal year 2005 and such sums as may be necessary for fiscal years 2006 and 2007. (d) Loan Guarantees \n(1) Authorization of appropriations \nThere are authorized to be appropriated in each of fiscal years 2005, 2006, and 2007, such amounts as may be required under the Federal Credit Act with respect to Federal loan guarantees authorized by this title, which shall remain available until expended. (2) Limitation \nThe aggregate value of all loans for which loan guarantees are issued under this title by the Secretary may not exceed $250,000,000 in each of fiscal years 2005, 2006, and 2007..", "id": "H34B86715B949425980EE00583D70FE10", "header": "Authority to enter into contracts and issue Federal loan guarantees", "nested": [], "links": [ { "text": "6 U.S.C. 101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/6/101" }, { "text": "section 501(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/501" } ] }, { "text": "1801. Definitions \nIn this title: (1) Contract \nThe term contract means a contract between the Federal Government and a contractor selected from the list of certified contractors to perform security enhancements or provide technical assistance approved by the Secretary under this title. (2) Favorable repayment terms \nThe term favorable repayment terms means the repayment terms of loans offered to nonprofit organizations under this title that— (A) are determined by the Secretary, in consultation with the Secretary of the Treasury, to be favorable under current market conditions; (B) have interest rates at least 1 full percentage point below the market rate; and (C) provide for repayment over a term not less than 25 years. (3) Nonprofit organization \nThe term nonprofit organization means an organization that— (A) is described under section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; and (B) is designated by the Secretary under section 1803(a). (4) Security enhancements \nThe term security enhancements — (A) means the purchase and installation of security equipment in real property (including buildings and improvements), owned or leased by a nonprofit organization, specifically in response to the risk of attack at a nonprofit organization by an international terrorist organization; (B) includes software security measures; and (C) does not include enhancements that would otherwise have been reasonably necessary due to nonterrorist threats. (5) Technical assistance \nThe term technical assistance — (A) means guidance, assessment, recommendations, and any other provision of information or expertise which assists nonprofit organizations in— (i) identifying security needs; (ii) purchasing and installing security enhancements; (iii) training employees to use and maintain security enhancements; or (iv) training employees to recognize and respond to international terrorist threats; and (B) does not include technical assistance that would otherwise have been reasonably necessary due to nonterrorist threats.", "id": "H3F2621568876440A99F019B089003119", "header": "Definitions", "nested": [ { "text": "In this title: (1) Contract \nThe term contract means a contract between the Federal Government and a contractor selected from the list of certified contractors to perform security enhancements or provide technical assistance approved by the Secretary under this title. (2) Favorable repayment terms \nThe term favorable repayment terms means the repayment terms of loans offered to nonprofit organizations under this title that— (A) are determined by the Secretary, in consultation with the Secretary of the Treasury, to be favorable under current market conditions; (B) have interest rates at least 1 full percentage point below the market rate; and (C) provide for repayment over a term not less than 25 years. (3) Nonprofit organization \nThe term nonprofit organization means an organization that— (A) is described under section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; and (B) is designated by the Secretary under section 1803(a). (4) Security enhancements \nThe term security enhancements — (A) means the purchase and installation of security equipment in real property (including buildings and improvements), owned or leased by a nonprofit organization, specifically in response to the risk of attack at a nonprofit organization by an international terrorist organization; (B) includes software security measures; and (C) does not include enhancements that would otherwise have been reasonably necessary due to nonterrorist threats. (5) Technical assistance \nThe term technical assistance — (A) means guidance, assessment, recommendations, and any other provision of information or expertise which assists nonprofit organizations in— (i) identifying security needs; (ii) purchasing and installing security enhancements; (iii) training employees to use and maintain security enhancements; or (iv) training employees to recognize and respond to international terrorist threats; and (B) does not include technical assistance that would otherwise have been reasonably necessary due to nonterrorist threats.", "id": "H2D642E0389284850BD9FD652FF045969", "header": null, "nested": [], "links": [ { "text": "section 501(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/501" } ] } ], "links": [ { "text": "section 501(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/501" } ] }, { "text": "1802. Authority to enter into contracts and issue Federal loan guarantees \n(a) In general \nThe Secretary may— (1) enter into contracts with certified contractors for security enhancements and technical assistance for nonprofit organizations; and (2) issue Federal loan guarantees to financial institutions in connection with loans made by such institutions to nonprofit organizations for security enhancements and technical assistance. (b) Loans \nThe Secretary may guarantee loans under this title— (1) only to the extent provided for in advance by appropriations Acts; and (2) only to the extent such loans have favorable repayment terms.", "id": "HA5C21025EC7849A3B66F92455DB6D922", "header": "Authority to enter into contracts and issue Federal loan guarantees", "nested": [ { "text": "(a) In general \nThe Secretary may— (1) enter into contracts with certified contractors for security enhancements and technical assistance for nonprofit organizations; and (2) issue Federal loan guarantees to financial institutions in connection with loans made by such institutions to nonprofit organizations for security enhancements and technical assistance.", "id": "HDCC7BD64529F4B0089AB2199002C4BBC", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Loans \nThe Secretary may guarantee loans under this title— (1) only to the extent provided for in advance by appropriations Acts; and (2) only to the extent such loans have favorable repayment terms.", "id": "HECA1EDF5DF7349C8A0C9D48CDC728228", "header": "Loans", "nested": [], "links": [] } ], "links": [] }, { "text": "1803. Eligibility criteria \n(a) In general \nThe Secretary shall designate nonprofit organizations as high-risk nonprofit organizations eligible for contracts or loans under this title based on the vulnerability of the specific site of the nonprofit organization to international terrorist attacks. (b) Vulnerability determination \nIn determining vulnerability to international terrorist attacks and eligibility for security enhancements or technical assistance under this title, the Secretary shall consider— (1) threats of international terrorist organizations (as designated by the State Department) against any group of United States citizens who operate or are the principal beneficiaries or users of the nonprofit organization; (2) prior attacks, within or outside the United States, by international terrorist organizations against the nonprofit organization or entities associated with or similarly situated as the nonprofit organization; (3) the symbolic value of the site as a highly recognized United States cultural or historical institution that renders the site a possible target of international terrorism; (4) the role of the nonprofit organization in responding to international terrorist attacks; and (5) any recommendations of the applicable State Homeland Security Authority established under section 1806 or Federal, State, and local law enforcement authorities. (c) Documentation \nIn order to be eligible for security enhancements, technical assistance or loan guarantees under this title, the nonprofit organization shall provide the Secretary with documentation that— (1) the nonprofit organization hosted a gathering of at least 100 or more persons at least once each month at the nonprofit organization site during the preceding 12 months; or (2) the nonprofit organization provides services to at least 500 persons each year at the nonprofit organization site. (d) Technical assistance organizations \nIf 2 or more nonprofit organizations establish another nonprofit organization to provide technical assistance, that established organization shall be eligible to receive security enhancements and technical assistance under this title based upon the collective risk of the nonprofit organizations it serves.", "id": "HA183DA0F27144EF8A117F3B4D1E3417B", "header": "Eligibility criteria", "nested": [ { "text": "(a) In general \nThe Secretary shall designate nonprofit organizations as high-risk nonprofit organizations eligible for contracts or loans under this title based on the vulnerability of the specific site of the nonprofit organization to international terrorist attacks.", "id": "H48DBCEE71C5D4CCE98F8CAD4E779EE8", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Vulnerability determination \nIn determining vulnerability to international terrorist attacks and eligibility for security enhancements or technical assistance under this title, the Secretary shall consider— (1) threats of international terrorist organizations (as designated by the State Department) against any group of United States citizens who operate or are the principal beneficiaries or users of the nonprofit organization; (2) prior attacks, within or outside the United States, by international terrorist organizations against the nonprofit organization or entities associated with or similarly situated as the nonprofit organization; (3) the symbolic value of the site as a highly recognized United States cultural or historical institution that renders the site a possible target of international terrorism; (4) the role of the nonprofit organization in responding to international terrorist attacks; and (5) any recommendations of the applicable State Homeland Security Authority established under section 1806 or Federal, State, and local law enforcement authorities.", "id": "H90596CF7184C488992F25D78E0FC7B04", "header": "Vulnerability determination", "nested": [], "links": [] }, { "text": "(c) Documentation \nIn order to be eligible for security enhancements, technical assistance or loan guarantees under this title, the nonprofit organization shall provide the Secretary with documentation that— (1) the nonprofit organization hosted a gathering of at least 100 or more persons at least once each month at the nonprofit organization site during the preceding 12 months; or (2) the nonprofit organization provides services to at least 500 persons each year at the nonprofit organization site.", "id": "H7755396928B145D890705BCFE0636905", "header": "Documentation", "nested": [], "links": [] }, { "text": "(d) Technical assistance organizations \nIf 2 or more nonprofit organizations establish another nonprofit organization to provide technical assistance, that established organization shall be eligible to receive security enhancements and technical assistance under this title based upon the collective risk of the nonprofit organizations it serves.", "id": "HF7A35360DC2E48778749ECCE67F3C00", "header": "Technical assistance organizations", "nested": [], "links": [] } ], "links": [] }, { "text": "1804. Use of loan guarantees \nFunds borrowed from lending institutions, which are guaranteed by the Federal Government under this title, may be used for technical assistance and security enhancements.", "id": "HB5B16409BE2243E593E2A57C296D743F", "header": "Use of loan guarantees", "nested": [], "links": [] }, { "text": "1805. Nonprofit organization applications \n(a) In general \nA nonprofit organization desiring assistance under this title shall submit a separate application for each specific site needing security enhancements or technical assistance. (b) Content \nEach application shall include— (1) a detailed request for security enhancements and technical assistance, from a list of approved enhancements and assistance issued by the Secretary under this title; (2) a description of the intended uses of funds to be borrowed under Federal loan guarantees; and (3) such other information as the Secretary shall require. (c) Joint application \nTwo or more nonprofit organizations located on contiguous sites may submit a joint application.", "id": "H5499591C0CB94AF000CB8F20D8C5A9A4", "header": "Nonprofit organization applications", "nested": [ { "text": "(a) In general \nA nonprofit organization desiring assistance under this title shall submit a separate application for each specific site needing security enhancements or technical assistance.", "id": "H56A2F29C4B13459189BB65B694239DDD", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Content \nEach application shall include— (1) a detailed request for security enhancements and technical assistance, from a list of approved enhancements and assistance issued by the Secretary under this title; (2) a description of the intended uses of funds to be borrowed under Federal loan guarantees; and (3) such other information as the Secretary shall require.", "id": "HD1533475125848A7BA3F00DE8FA540B7", "header": "Content", "nested": [], "links": [] }, { "text": "(c) Joint application \nTwo or more nonprofit organizations located on contiguous sites may submit a joint application.", "id": "HC446F278E9CF45908891097EEAFBFA06", "header": "Joint application", "nested": [], "links": [] } ], "links": [] }, { "text": "1806. Review by State Homeland Security Authorities \n(a) Establishment of State Homeland Security Authorities \nIn accordance with regulations prescribed by the Secretary, each State may establish a State Homeland Security Authority to carry out this title. (b) Applications \n(1) Submission \nApplications shall be submitted to the applicable State Homeland Security Authority. (2) Evaluation \nAfter consultation with Federal, State, and local law enforcement authorities, the State Homeland Security Authority shall evaluate all applications using the criteria under section 1803 and transmit all qualifying applications to the Secretary ranked by severity of risk of international terrorist attack. (3) Appeal \nAn applicant may appeal the finding that an application is not a qualifying application to the Secretary under procedures that the Secretary shall issue by regulation not later than 90 days after the date of enactment of this title.", "id": "HACC4EAEF8C74495689FC8D623F7BC609", "header": "Review by State Homeland Security Authorities", "nested": [ { "text": "(a) Establishment of State Homeland Security Authorities \nIn accordance with regulations prescribed by the Secretary, each State may establish a State Homeland Security Authority to carry out this title.", "id": "H8E6EDA4DE78D449FB5089CD57841BC58", "header": "Establishment of State Homeland Security Authorities", "nested": [], "links": [] }, { "text": "(b) Applications \n(1) Submission \nApplications shall be submitted to the applicable State Homeland Security Authority. (2) Evaluation \nAfter consultation with Federal, State, and local law enforcement authorities, the State Homeland Security Authority shall evaluate all applications using the criteria under section 1803 and transmit all qualifying applications to the Secretary ranked by severity of risk of international terrorist attack. (3) Appeal \nAn applicant may appeal the finding that an application is not a qualifying application to the Secretary under procedures that the Secretary shall issue by regulation not later than 90 days after the date of enactment of this title.", "id": "H36C3E73798B84FB3A67DEB969DD2ACD7", "header": "Applications", "nested": [], "links": [] } ], "links": [] }, { "text": "1807. Security enhancement and technical assistance contracts and loan guarantees \n(a) In General \nUpon receipt of the applications, the Secretary shall select applications for execution of security enhancement and technical assistance contracts, or issuance of loan guarantees, giving preference to the nonprofit organizations determined to be at greatest risk of international terrorist attack based on criteria under section 1803. (b) Security Enhancements and Technical Assistance; Followed by Loan Guarantees \nThe Secretary shall execute security enhancement and technical assistance contracts for the highest priority applicants until available funds are expended, after which loan guarantees shall be made available for additional applicants determined to be at high risk, up to the authorized amount of loan guarantees. The Secretary may provide with respect to a single application a combination of such contracts and loan guarantees. (c) Joint applications \nSpecial preference shall be given to joint applications submitted on behalf of multiple nonprofit organizations located in contiguous settings. (d) Maximizing Available Funds \nSubject to subsection (b), the Secretary shall execute security enhancement and technical assistance contracts in such amounts as to maximize the number of high-risk applicants nationwide receiving assistance under this title. (e) Applicant Notification \nUpon selecting a nonprofit organization for assistance under this title, the Secretary shall notify the nonprofit organization that the Federal Government is prepared to enter into a contract with certified contractors to install specified security enhancements or provide specified technical assistance at the site of the nonprofit organization. (f) Certified Contractors \n(1) In general \nUpon receiving a notification under subsection (e), the nonprofit organization shall select a certified contractor to perform the specified security enhancements, from a list of certified contractors issued and maintained by the Secretary under subsection (j). (2) List \nThe list referred to in paragraph (1) shall be comprised of contractors selected on the basis of— (A) technical expertise; (B) performance record including quality and timeliness of work performed; (C) adequacy of employee criminal background checks; and (D) price competitiveness. (3) Other certified contractors \nThe Secretary shall include on the list of certified contractors additional contractors selected by senior officials at State Homeland Security Authorities and the chief executives of county and other local jurisdictions. Such additional certified contractors shall be selected on the basis of the criteria under paragraph (2). (g) Ensuring the Availability of Contractors \nIf the list of certified contractors under this section does not include any contractors who can begin work on the security enhancements or technical assistance within 60 days after applicant notification, the nonprofit organization may submit a contractor not currently on the list to the Secretary for the Secretary’s review. If the Secretary does not include the submitted contractor on the list of certified contractors within 60 days after the submission and does not place an alternative contractor on the list within the same time period (who would be available to begin the specified work within that 60-day period), the Secretary shall immediately place the submitted contractor on the list of certified contractors and such contractor shall remain on such list until— (1) the specified work is completed; or (2) the Secretary can show cause why such contractor may not retain certification, with such determinations subject to review by the Comptroller General of the United States. (h) Contracts \nUpon selecting a certified contractor to provide security enhancements and technical assistance approved by the Secretary under this title, the nonprofit organization shall notify the Secretary of such selection. The Secretary shall deliver a contract to such contractor within 10 business days after such notification. (i) Contracts for Additional Work or Upgrades \nA nonprofit organization, using its own funds, may enter into an additional contract with the certified contractor, for additional or upgraded security enhancements or technical assistance. Such additional contracts shall be separate contracts between the nonprofit organization and the contractor. (j) Expediting Assistance \nIn order to expedite assistance to nonprofit organizations, the Secretary shall— (1) compile a list of approved technical assistance and security enhancement activities within 45 days after the date of enactment of this title; (2) publish in the Federal Register within 60 days after such date of enactment a request for contractors to submit applications to be placed on the list of certified contractors under this section; (3) after consultation with the Secretary of the Treasury, publish in the Federal Register within 60 days after such date of enactment, prescribe regulations setting forth the conditions under which loan guarantees shall be issued under this title, including application procedures, expeditious review of applications, underwriting criteria, assignment of loan guarantees, modifications, commercial validity, defaults, and fees; and (4) publish in the Federal Register within 120 days after such date of enactment (and every 30 days thereafter) a list of certified contractors, including those selected by State Homeland Security Authorities, county, and local officials, with coverage of all 50 States, the District of Columbia, and the territories.", "id": "HCFF75DA1ADC84105B880706EAF5B55B2", "header": "Security enhancement and technical assistance contracts and loan guarantees", "nested": [ { "text": "(a) In General \nUpon receipt of the applications, the Secretary shall select applications for execution of security enhancement and technical assistance contracts, or issuance of loan guarantees, giving preference to the nonprofit organizations determined to be at greatest risk of international terrorist attack based on criteria under section 1803.", "id": "HD888F0F9966A406AA800EE52D5DBE280", "header": "In General", "nested": [], "links": [] }, { "text": "(b) Security Enhancements and Technical Assistance; Followed by Loan Guarantees \nThe Secretary shall execute security enhancement and technical assistance contracts for the highest priority applicants until available funds are expended, after which loan guarantees shall be made available for additional applicants determined to be at high risk, up to the authorized amount of loan guarantees. The Secretary may provide with respect to a single application a combination of such contracts and loan guarantees.", "id": "H0029E8CF25C942C193B865022EB94D8F", "header": "Security Enhancements and Technical Assistance; Followed by Loan Guarantees", "nested": [], "links": [] }, { "text": "(c) Joint applications \nSpecial preference shall be given to joint applications submitted on behalf of multiple nonprofit organizations located in contiguous settings.", "id": "H7D69DA9077E34421AB00B770E4E389C1", "header": "Joint applications", "nested": [], "links": [] }, { "text": "(d) Maximizing Available Funds \nSubject to subsection (b), the Secretary shall execute security enhancement and technical assistance contracts in such amounts as to maximize the number of high-risk applicants nationwide receiving assistance under this title.", "id": "HED4A01369A8E4A2991FC27D15CC6ED8", "header": "Maximizing Available Funds", "nested": [], "links": [] }, { "text": "(e) Applicant Notification \nUpon selecting a nonprofit organization for assistance under this title, the Secretary shall notify the nonprofit organization that the Federal Government is prepared to enter into a contract with certified contractors to install specified security enhancements or provide specified technical assistance at the site of the nonprofit organization.", "id": "HA04A6829155D4828A9B0F11247CC03C2", "header": "Applicant Notification", "nested": [], "links": [] }, { "text": "(f) Certified Contractors \n(1) In general \nUpon receiving a notification under subsection (e), the nonprofit organization shall select a certified contractor to perform the specified security enhancements, from a list of certified contractors issued and maintained by the Secretary under subsection (j). (2) List \nThe list referred to in paragraph (1) shall be comprised of contractors selected on the basis of— (A) technical expertise; (B) performance record including quality and timeliness of work performed; (C) adequacy of employee criminal background checks; and (D) price competitiveness. (3) Other certified contractors \nThe Secretary shall include on the list of certified contractors additional contractors selected by senior officials at State Homeland Security Authorities and the chief executives of county and other local jurisdictions. Such additional certified contractors shall be selected on the basis of the criteria under paragraph (2).", "id": "H3305F2F40BB8443B94A6DBC1276AB88", "header": "Certified Contractors", "nested": [], "links": [] }, { "text": "(g) Ensuring the Availability of Contractors \nIf the list of certified contractors under this section does not include any contractors who can begin work on the security enhancements or technical assistance within 60 days after applicant notification, the nonprofit organization may submit a contractor not currently on the list to the Secretary for the Secretary’s review. If the Secretary does not include the submitted contractor on the list of certified contractors within 60 days after the submission and does not place an alternative contractor on the list within the same time period (who would be available to begin the specified work within that 60-day period), the Secretary shall immediately place the submitted contractor on the list of certified contractors and such contractor shall remain on such list until— (1) the specified work is completed; or (2) the Secretary can show cause why such contractor may not retain certification, with such determinations subject to review by the Comptroller General of the United States.", "id": "HA047215FEC194443B800E86524A4775B", "header": "Ensuring the Availability of Contractors", "nested": [], "links": [] }, { "text": "(h) Contracts \nUpon selecting a certified contractor to provide security enhancements and technical assistance approved by the Secretary under this title, the nonprofit organization shall notify the Secretary of such selection. The Secretary shall deliver a contract to such contractor within 10 business days after such notification.", "id": "HDB162481181B41029225B116E44FE1A6", "header": "Contracts", "nested": [], "links": [] }, { "text": "(i) Contracts for Additional Work or Upgrades \nA nonprofit organization, using its own funds, may enter into an additional contract with the certified contractor, for additional or upgraded security enhancements or technical assistance. Such additional contracts shall be separate contracts between the nonprofit organization and the contractor.", "id": "H08FDE9A6840342689DD55054CBEB3CF1", "header": "Contracts for Additional Work or Upgrades", "nested": [], "links": [] }, { "text": "(j) Expediting Assistance \nIn order to expedite assistance to nonprofit organizations, the Secretary shall— (1) compile a list of approved technical assistance and security enhancement activities within 45 days after the date of enactment of this title; (2) publish in the Federal Register within 60 days after such date of enactment a request for contractors to submit applications to be placed on the list of certified contractors under this section; (3) after consultation with the Secretary of the Treasury, publish in the Federal Register within 60 days after such date of enactment, prescribe regulations setting forth the conditions under which loan guarantees shall be issued under this title, including application procedures, expeditious review of applications, underwriting criteria, assignment of loan guarantees, modifications, commercial validity, defaults, and fees; and (4) publish in the Federal Register within 120 days after such date of enactment (and every 30 days thereafter) a list of certified contractors, including those selected by State Homeland Security Authorities, county, and local officials, with coverage of all 50 States, the District of Columbia, and the territories.", "id": "HB043E9A9CA2644638DCEE048B815BDC7", "header": "Expediting Assistance", "nested": [], "links": [] } ], "links": [] }, { "text": "1808. Local law enforcement assistance grants \n(a) In General \nThe Secretary may provide grants to units of local government to offset incremental costs associated with law enforcement in areas where there is a high concentration of nonprofit organizations. (b) Use \nGrant funds received under this section may be used only for personnel costs or for equipment needs specifically related to such incremental costs. (c) Maximization of Impact \nThe Secretary shall award grants in such amounts as to maximize the impact of available funds in protecting nonprofit organizations nationwide from international terrorist attacks.", "id": "H0F244C6DD7B441B3A0E9AD2F00C79DBB", "header": "Local law enforcement assistance grants", "nested": [ { "text": "(a) In General \nThe Secretary may provide grants to units of local government to offset incremental costs associated with law enforcement in areas where there is a high concentration of nonprofit organizations.", "id": "H639C80C8B13C4B319639649D50107D49", "header": "In General", "nested": [], "links": [] }, { "text": "(b) Use \nGrant funds received under this section may be used only for personnel costs or for equipment needs specifically related to such incremental costs.", "id": "HDD72642823974F239EE300D335CDF2F", "header": "Use", "nested": [], "links": [] }, { "text": "(c) Maximization of Impact \nThe Secretary shall award grants in such amounts as to maximize the impact of available funds in protecting nonprofit organizations nationwide from international terrorist attacks.", "id": "H30CC1D442D6C4A2E87A46E7CECEDCBE7", "header": "Maximization of Impact", "nested": [], "links": [] } ], "links": [] }, { "text": "1809. Office of Community Relations and Civic Affairs \n(a) In General \nThere is established within the Department, the Office of Community Relations and Civic Affairs to administer grant programs for nonprofit organizations and local law enforcement assistance. (b) Additional Responsibilities \nThe Office of Community Relations and Civic Affairs shall— (1) coordinate community relations efforts of the Department; (2) serve as the official liaison of the Secretary to the nonprofit, human and social services, and faith-based communities; and (3) assist in coordinating the needs of those communities with the Citizen Corps program.", "id": "HE0694B79A3364C58AEDC47C7D465AB45", "header": "Office of Community Relations and Civic Affairs", "nested": [ { "text": "(a) In General \nThere is established within the Department, the Office of Community Relations and Civic Affairs to administer grant programs for nonprofit organizations and local law enforcement assistance.", "id": "H7632F8B40DE8409DA98DB4D3CD5B42A5", "header": "In General", "nested": [], "links": [] }, { "text": "(b) Additional Responsibilities \nThe Office of Community Relations and Civic Affairs shall— (1) coordinate community relations efforts of the Department; (2) serve as the official liaison of the Secretary to the nonprofit, human and social services, and faith-based communities; and (3) assist in coordinating the needs of those communities with the Citizen Corps program.", "id": "H2E50C7E460A14E9BA12EE771F28C328", "header": "Additional Responsibilities", "nested": [], "links": [] } ], "links": [] }, { "text": "1810. Authorization of appropriations and loan guarantees \n(a) Nonprofit organizations program \nThere are authorized to be appropriated to the Department to carry out the nonprofit organization program under this title, $100,000,000 for fiscal year 2005 and such sums as may be necessary for fiscal years 2006 and 2007. (b) Local law enforcement assistance grants \nThere are authorized to be appropriated to the Department for local law enforcement assistance grants under section 1808, $50,000,000 for fiscal year 2005 and such sums as may be necessary for fiscal years 2006 and 2007. (c) Office of Community Relations and Civic Affairs \nThere are authorized to be appropriated to the Department for the Office of Community Relations and Civic Affairs under section 1809, $5,000,000 for fiscal year 2005 and such sums as may be necessary for fiscal years 2006 and 2007. (d) Loan Guarantees \n(1) Authorization of appropriations \nThere are authorized to be appropriated in each of fiscal years 2005, 2006, and 2007, such amounts as may be required under the Federal Credit Act with respect to Federal loan guarantees authorized by this title, which shall remain available until expended. (2) Limitation \nThe aggregate value of all loans for which loan guarantees are issued under this title by the Secretary may not exceed $250,000,000 in each of fiscal years 2005, 2006, and 2007.", "id": "H14EED9F41BA34E6B85C463FE7ED14328", "header": "Authorization of appropriations and loan guarantees", "nested": [ { "text": "(a) Nonprofit organizations program \nThere are authorized to be appropriated to the Department to carry out the nonprofit organization program under this title, $100,000,000 for fiscal year 2005 and such sums as may be necessary for fiscal years 2006 and 2007.", "id": "HD1231725348041B48E0049E22F44A556", "header": "Nonprofit organizations program", "nested": [], "links": [] }, { "text": "(b) Local law enforcement assistance grants \nThere are authorized to be appropriated to the Department for local law enforcement assistance grants under section 1808, $50,000,000 for fiscal year 2005 and such sums as may be necessary for fiscal years 2006 and 2007.", "id": "H9EE03B304C624ACD9F462FDC2037EE1", "header": "Local law enforcement assistance grants", "nested": [], "links": [] }, { "text": "(c) Office of Community Relations and Civic Affairs \nThere are authorized to be appropriated to the Department for the Office of Community Relations and Civic Affairs under section 1809, $5,000,000 for fiscal year 2005 and such sums as may be necessary for fiscal years 2006 and 2007.", "id": "H06FFF0D932AD40388979F9E676EB1900", "header": "Office of Community Relations and Civic Affairs", "nested": [], "links": [] }, { "text": "(d) Loan Guarantees \n(1) Authorization of appropriations \nThere are authorized to be appropriated in each of fiscal years 2005, 2006, and 2007, such amounts as may be required under the Federal Credit Act with respect to Federal loan guarantees authorized by this title, which shall remain available until expended. (2) Limitation \nThe aggregate value of all loans for which loan guarantees are issued under this title by the Secretary may not exceed $250,000,000 in each of fiscal years 2005, 2006, and 2007.", "id": "H28B2861F5C7E410289733E77E42F77E", "header": "Loan Guarantees", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Technical and conforming amendment \nThe table of contents under section 1(b) of the Homeland Security Act of 2002 ( 6 U.S.C. 101(b) ) is amended by adding at the end the following: TITLE XVIII—Protection of citizens at high-risk nonprofit organizations Sec. 1801. Definitions Sec. 1802. Authority to enter into contracts and issue Federal loan guarantees Sec. 1803. Eligibility criteria Sec. 1804. Use of loan guarantees Sec. 1805. Nonprofit organization applications Sec. 1806. Review by State Homeland Security Authorities Sec. 1807. Security enhancement and technical assistance contracts and loan guarantees Sec. 1808. Local law enforcement assistance grants Sec. 1809. Office of Community Relations and Civic Affairs Sec. 1810. Authorization of appropriations and loan guarantees.", "id": "H0AC4C0666C014624AF383B71A05F590", "header": "Technical and conforming amendment", "nested": [], "links": [ { "text": "6 U.S.C. 101(b)", "legal-doc": "usc", "parsable-cite": "usc/6/101" } ] } ]

[ "Judiciary Committee", "Homeland Security Committee" ]

[ { "text": "1. Leonard C. Burch Post Office Building \n(a) Designation \nThe facility of the United States Postal Service located at 1001 Williams Street in Ignacio, Colorado, shall be known and designated as the Leonard C. Burch 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 Leonard C. Burch Post Office Building.", "id": "HCBA8D73DE24647B59BD7FCF8FA367660", "header": "Leonard C. Burch Post Office Building", "nested": [ { "text": "(a) Designation \nThe facility of the United States Postal Service located at 1001 Williams Street in Ignacio, Colorado, shall be known and designated as the Leonard C. Burch Post Office Building.", "id": "HE8FC6FD2DC804ECB863F4E6125B03054", "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 Leonard C. Burch Post Office Building.", "id": "HF8C56917C5184C169CBEB2053CA2007E", "header": "References", "nested": [], "links": [] } ], "links": [] } ]

[ "Oversight and Accountability Committee" ]

[ { "text": "1. Federal air marshal training \nSection 44917 of title 49, United States Code, is amended by adding at the end the following: (d) Training for foreign law enforcement personnel \n(1) In general \nThe Under Secretary may direct the Federal Air Marshal Service to provide air marshal training to law enforcement personnel of foreign countries. (2) Fees \nThe Under Secretary shall establish reasonable fees and charges to pay expenses incurred in carrying out this subsection. Money collected under this subsection shall be credited to the account in the Treasury from which the expenses were incurred and shall be available to the Under Secretary for those expenses..", "id": "HCA1A0E64FB2E429C9028482F4FC718F5", "header": "Federal air marshal training", "nested": [], "links": [ { "text": "Section 44917", "legal-doc": "usc", "parsable-cite": "usc/49/44917" } ] } ]

[ "Transportation and Infrastructure Committee" ]

[ { "text": "1. United States Dairy Proteins Incentive Program \n(a) Establishment and Purpose \nThe Commodity Credit Corporation shall establish and operate a program under section 5 of the Commodity Credit Corporation Charter Act ( 15 U.S.C. 714c ) to support the development of a casein and milk protein concentrate industry in the 48 contiguous States. (b) Program Described \nUnder the program, the Corporation shall make payments, on a bid basis, to an entity that produces and markets dairy proteins produced from liquid skim milk. The Secretary of Agriculture shall have sole discretion to accept or reject bids under such criteria as the Secretary considers appropriate. (c) Rules and Regulations \nThe program shall be operated under such rules and regulations issued by the Secretary as the Secretary considers necessary to ensure, among other things, that— (1) receipt of a payment is contingent upon the end use of the dairy proteins produced; (2) no applicant receives a payment if the contract submitted for review would result in the undercutting of domestic prices for milk, nonfat dry milk, or dairy proteins; and (3) the sale of the dairy proteins represents a new use of the domestically produced dairy proteins. (d) Cheese Products Exception \nThe sale of dairy proteins for use in the production of standardized cheeses, as determined by the Secretary, shall not be eligible to receive payments under the program. (e) Payment Rate \nPayments made under the program shall be made at a rate or rates established or approved by the Secretary. Any such rate shall be published in the Federal Register or publicly announced through other appropriate means, and shall be at a level or levels that will encourage the development of a dairy proteins industry in the 48 contiguous States. (f) Implementation of Program \nThe Secretary shall develop regulations and implement the program not later than 180 days after the date of the enactment of this section. (g) Treaty Obligations \nThe Secretary shall carry out the program in a manner consistent with the obligations of the United States as a member of the World Trade Organization. (h) Dairy Protein Definition \nIn this section, the term dairy proteins means whey, whey protein concentrate, casein, or milk protein concentrate.", "id": "H4EF80B03AB074CEB835EAD00D23BFB37", "header": "United States Dairy Proteins Incentive Program", "nested": [ { "text": "(a) Establishment and Purpose \nThe Commodity Credit Corporation shall establish and operate a program under section 5 of the Commodity Credit Corporation Charter Act ( 15 U.S.C. 714c ) to support the development of a casein and milk protein concentrate industry in the 48 contiguous States.", "id": "H762DD214C13B4980A98C02A64983E9F", "header": "Establishment and Purpose", "nested": [], "links": [ { "text": "15 U.S.C. 714c", "legal-doc": "usc", "parsable-cite": "usc/15/714c" } ] }, { "text": "(b) Program Described \nUnder the program, the Corporation shall make payments, on a bid basis, to an entity that produces and markets dairy proteins produced from liquid skim milk. The Secretary of Agriculture shall have sole discretion to accept or reject bids under such criteria as the Secretary considers appropriate.", "id": "H4B745C7CCD6F4A60A1ED55F83F3F4F8F", "header": "Program Described", "nested": [], "links": [] }, { "text": "(c) Rules and Regulations \nThe program shall be operated under such rules and regulations issued by the Secretary as the Secretary considers necessary to ensure, among other things, that— (1) receipt of a payment is contingent upon the end use of the dairy proteins produced; (2) no applicant receives a payment if the contract submitted for review would result in the undercutting of domestic prices for milk, nonfat dry milk, or dairy proteins; and (3) the sale of the dairy proteins represents a new use of the domestically produced dairy proteins.", "id": "HAFE712D7CB6349D68728F85B64D6EC91", "header": "Rules and Regulations", "nested": [], "links": [] }, { "text": "(d) Cheese Products Exception \nThe sale of dairy proteins for use in the production of standardized cheeses, as determined by the Secretary, shall not be eligible to receive payments under the program.", "id": "H782E337760614831A1CCDF7FF49E01D7", "header": "Cheese Products Exception", "nested": [], "links": [] }, { "text": "(e) Payment Rate \nPayments made under the program shall be made at a rate or rates established or approved by the Secretary. Any such rate shall be published in the Federal Register or publicly announced through other appropriate means, and shall be at a level or levels that will encourage the development of a dairy proteins industry in the 48 contiguous States.", "id": "HF818A35D34B54345859557701C018D56", "header": "Payment Rate", "nested": [], "links": [] }, { "text": "(f) Implementation of Program \nThe Secretary shall develop regulations and implement the program not later than 180 days after the date of the enactment of this section.", "id": "H2E7EA3F8A64A40BFB3CD58B79C25A88E", "header": "Implementation of Program", "nested": [], "links": [] }, { "text": "(g) Treaty Obligations \nThe Secretary shall carry out the program in a manner consistent with the obligations of the United States as a member of the World Trade Organization.", "id": "H56E7B42B84AD4D8699C218B6169897A0", "header": "Treaty Obligations", "nested": [], "links": [] }, { "text": "(h) Dairy Protein Definition \nIn this section, the term dairy proteins means whey, whey protein concentrate, casein, or milk protein concentrate.", "id": "H115BCF5F11294D3187E1E77DB62DBF65", "header": "Dairy Protein Definition", "nested": [], "links": [] } ], "links": [ { "text": "15 U.S.C. 714c", "legal-doc": "usc", "parsable-cite": "usc/15/714c" } ] } ]

[ "Agriculture Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the United States Refinery Revitalization Act of 2004.", "id": "H9A80914C4AC749238C3BA8FB8500C5F9", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nThe Congress finds the following: (1) It serves the national interest to increase refinery capacity for gasoline, heating oil, diesel fuel, and jet fuel wherever located within the United States, to bring more supply to the markets for use by the American people. Forty-eight percent of the crude oil in the United States is used for the production of gasoline. Production and use of refined petroleum products has a significant impact on interstate commerce. (2) United States demand for refined petroleum products, such as gasoline and heating oil, currently exceeds our domestic capacity to produce them. By 2025, United States gasoline consumption is projected to rise from 8,900,000 barrels per day to 13,300,000 barrels per day. Diesel fuel and home heating oil are becoming larger components of an increasing demand for refined petroleum supply. With the increase in air travel, jet fuel consumption is projected to be 760,000 barrels per day higher in 2025 than today. (3) The refinery industry is operating at nearly 100 percent of capacity during the peak gasoline consumption season and is producing record levels of needed products at other times. The excess demand has recently been met by increased imports. The United States currently is importing 7 percent of its refined petroleum products but few foreign refiners can produce the clean fuels required in the United States. (4) Refiners are subject to significant environmental and other regulations and face several new Clean Air Act requirements over the next decade. Today 153 refineries operate in the United States, down from 324 in 1981. Almost 25 percent of our Nation’s refining capacity is controlled by foreign ownership. Easily restored capacity at idled refineries amounted to 539,000 barrels a day in 2002, or 3.3 percent of the total operating capacity. No new refineries have been built in the United States since 1976. Most refineries are located on century-old sites. New Clean Air Act requirements will benefit the environment but will also require substantial capital investment and additional government permits. (5) Refiners have met growing demand by increasing the use of existing equipment and increasing the efficiency and capacity of existing plants. But refining capacity has begun to lag behind peak summer demand. (6) Heavy industry and manufacturing jobs have closed or relocated due to barriers to investment, burdensome regulation, and high costs of operation, among other reasons. (7) More regulatory certainty for refinery owners is needed to stimulate investment in increased refinery capacity. (8) Required procedures for Federal, State, and local regulatory approvals need to be streamlined to ensure that increased refinery capacity can be developed and operated in a safe, timely, and cost-effective manner.", "id": "H59AE85BCE7ED42BFB1F45200009B1819", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Designation of Refinery Revitalization Zones \nThe Secretary of Energy shall designate as a Refinery Revitalization Zone any area— (1) that— (A) has experienced mass layoffs at manufacturing facilities, as determined by the Secretary of Labor; or (B) contains an idle refinery; and (2) that has an unemployment rate of at least 20 percent above the national average, as set forth by the Department of Labor, Bureau of Labor Statistics, at the time of designation as a Refinery Revitalization Zone.", "id": "HD75F10715AB34D729D1C6560BCB081A2", "header": "Designation of Refinery Revitalization Zones", "nested": [], "links": [] }, { "text": "4. Compliance with all environmental regulations required \nThe best available control technology, as appropriate, shall be employed on all refineries located within a Refinery Revitalization Zone to comply with all applicable Federal, State, and local environmental regulations. Nothing in this Act shall be construed to waive or diminish in any manner the applicability to any refinery facility located within a Refinery Revitalization Zone existing or future environmental regulations.", "id": "H5E50C6AACD9542B2B6F7DA56A2FF70DC", "header": "Compliance with all environmental regulations required", "nested": [], "links": [] }, { "text": "5. Coordination and expeditious review of permitting process \n(a) Department of Energy lead agency \nUpon request of an applicant for a Federal authorization related to the siting and operation of a refinery facility within a Refinery Revitalization Zone, the Department of Energy shall be the lead agency for coordinating all applicable Federal authorizations and related environmental reviews of the facility. To the maximum extent practicable under applicable Federal law, the Secretary of Energy shall coordinate this Federal authorization and review process with any Indian Tribes and State and local agencies responsible for conducting any separate permitting and environmental reviews of the facility, to ensure timely and efficient review and approval of any permit decisions. (b) Authority to set deadlines \nAs lead agency, the Department of Energy, in consultation with agencies responsible for Federal authorizations and, as appropriate, with Indian Tribes and State or local agencies willing to coordinate their own separate permitting and environmental reviews with the Federal authorization and environmental reviews, shall establish prompt and binding intermediate and ultimate deadlines for the review of, and Federal authorization decisions relating to, the refinery facility. The Secretary of Energy shall ensure that once an application has been submitted with such data as the Secretary considers necessary, all permit decisions and related environmental reviews under all applicable Federal laws shall be completed within 6 months or, where circumstances require otherwise, as soon thereafter as is practicable. The Secretary of Energy also shall provide an expeditious preapplication mechanism for prospective applicants to confer with the agencies involved to have each such agency determine and communicate to the prospective applicant within 60 days after the prospective applicant submits a request for the information concerning— (1) the likelihood of approval for a potential facility; and (2) key issues of concern to the agencies and public. (c) Consolidated environmental review and record of decision \nAs lead agency, the Department of Energy, in consultation with the affected agencies, shall prepare a single environmental review document, which shall be used as the basis for all decisions on the proposed project under Federal law. The document may be an environmental assessment or environmental impact statement under the National Environmental Policy Act of 1969 if warranted, or such other form of analysis as may be warranted, in the discretion of the Secretary. Such document shall include consideration by the relevant agencies of any applicable criteria or other matters as required under applicable laws. (d) Appeals \nIn the event any agency has denied a Federal authorization required for a refinery facility within a Refinery Revitalization Zone, or has failed to act by the deadline established by the Secretary pursuant to this section for deciding whether to issue the authorization, the applicant or any State in which the facility would be located may file an appeal with the Secretary. Based on the overall record and in consultation with the affected agency, the Secretary may then either issue the necessary authorization with appropriate conditions, or deny the application. The Secretary shall issue a decision within 60 days after the filing of the appeal. In making a decision under this subsection, the Secretary shall comply with applicable requirements of Federal law, including any requirements of the Clean Air Act, the Federal Water Pollution Control Act, the Safe Drinking Water Act, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, the Solid Waste Disposal Act, the Toxic Substances Control Act, the National Historic Preservation Act, and the National Environmental Policy Act of 1969. Any judicial appeal of the Secretary’s decision shall be to the United States Court of Appeals for the District of Columbia. (e) Conforming regulations and memoranda of understanding \nNot later than 6 months after the date of enactment of this Act, the Secretary of Energy shall issue any regulations necessary to implement this section. Not later than 6 months after the date of enactment of this Act, the Secretary and the heads of all Federal agencies with authority to issue Federal authorizations shall enter into Memoranda of Understanding to ensure the timely and coordinated review and permitting of refinery facilities within a Refinery Revitalization Zone. The head of each Federal agency with authority to issue a Federal authorization shall designate a senior official responsible for, and dedicate sufficient other staff and resources to ensure, full implementation of the Department of Energy regulations and any Memoranda under this subsection. Interested Indian Tribes and State and local agencies may enter such Memoranda of Understanding.", "id": "HDDD97E23D54747BDBEB307E4F0612FA6", "header": "Coordination and expeditious review of permitting process", "nested": [ { "text": "(a) Department of Energy lead agency \nUpon request of an applicant for a Federal authorization related to the siting and operation of a refinery facility within a Refinery Revitalization Zone, the Department of Energy shall be the lead agency for coordinating all applicable Federal authorizations and related environmental reviews of the facility. To the maximum extent practicable under applicable Federal law, the Secretary of Energy shall coordinate this Federal authorization and review process with any Indian Tribes and State and local agencies responsible for conducting any separate permitting and environmental reviews of the facility, to ensure timely and efficient review and approval of any permit decisions.", "id": "HF0EEED738BFD4D0CB970D941EC46CB46", "header": "Department of Energy lead agency", "nested": [], "links": [] }, { "text": "(b) Authority to set deadlines \nAs lead agency, the Department of Energy, in consultation with agencies responsible for Federal authorizations and, as appropriate, with Indian Tribes and State or local agencies willing to coordinate their own separate permitting and environmental reviews with the Federal authorization and environmental reviews, shall establish prompt and binding intermediate and ultimate deadlines for the review of, and Federal authorization decisions relating to, the refinery facility. The Secretary of Energy shall ensure that once an application has been submitted with such data as the Secretary considers necessary, all permit decisions and related environmental reviews under all applicable Federal laws shall be completed within 6 months or, where circumstances require otherwise, as soon thereafter as is practicable. The Secretary of Energy also shall provide an expeditious preapplication mechanism for prospective applicants to confer with the agencies involved to have each such agency determine and communicate to the prospective applicant within 60 days after the prospective applicant submits a request for the information concerning— (1) the likelihood of approval for a potential facility; and (2) key issues of concern to the agencies and public.", "id": "HA7BE0400C61C47229B4292E355F4A2B0", "header": "Authority to set deadlines", "nested": [], "links": [] }, { "text": "(c) Consolidated environmental review and record of decision \nAs lead agency, the Department of Energy, in consultation with the affected agencies, shall prepare a single environmental review document, which shall be used as the basis for all decisions on the proposed project under Federal law. The document may be an environmental assessment or environmental impact statement under the National Environmental Policy Act of 1969 if warranted, or such other form of analysis as may be warranted, in the discretion of the Secretary. Such document shall include consideration by the relevant agencies of any applicable criteria or other matters as required under applicable laws.", "id": "HCE4A397FD5F34FDD83DD7F6E0FDC24", "header": "Consolidated environmental review and record of decision", "nested": [], "links": [] }, { "text": "(d) Appeals \nIn the event any agency has denied a Federal authorization required for a refinery facility within a Refinery Revitalization Zone, or has failed to act by the deadline established by the Secretary pursuant to this section for deciding whether to issue the authorization, the applicant or any State in which the facility would be located may file an appeal with the Secretary. Based on the overall record and in consultation with the affected agency, the Secretary may then either issue the necessary authorization with appropriate conditions, or deny the application. The Secretary shall issue a decision within 60 days after the filing of the appeal. In making a decision under this subsection, the Secretary shall comply with applicable requirements of Federal law, including any requirements of the Clean Air Act, the Federal Water Pollution Control Act, the Safe Drinking Water Act, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, the Solid Waste Disposal Act, the Toxic Substances Control Act, the National Historic Preservation Act, and the National Environmental Policy Act of 1969. Any judicial appeal of the Secretary’s decision shall be to the United States Court of Appeals for the District of Columbia.", "id": "H9DF593198F7B4F92A534B8C0F98D2710", "header": "Appeals", "nested": [], "links": [] }, { "text": "(e) Conforming regulations and memoranda of understanding \nNot later than 6 months after the date of enactment of this Act, the Secretary of Energy shall issue any regulations necessary to implement this section. Not later than 6 months after the date of enactment of this Act, the Secretary and the heads of all Federal agencies with authority to issue Federal authorizations shall enter into Memoranda of Understanding to ensure the timely and coordinated review and permitting of refinery facilities within a Refinery Revitalization Zone. The head of each Federal agency with authority to issue a Federal authorization shall designate a senior official responsible for, and dedicate sufficient other staff and resources to ensure, full implementation of the Department of Energy regulations and any Memoranda under this subsection. Interested Indian Tribes and State and local agencies may enter such Memoranda of Understanding.", "id": "H7F649D4BDDEE4E73809F0061CC00E2B4", "header": "Conforming regulations and memoranda of understanding", "nested": [], "links": [] } ], "links": [] }, { "text": "6. Definitions \nFor purposes of this Act— (1) the term Federal authorization means any authorization required under Federal law (including the Clean Air Act, the Federal Water Pollution Control Act, the Safe Drinking Water Act, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, the Solid Waste Disposal Act, the Toxic Substances Control Act, the National Historic Preservation Act, and the National Environmental Policy Act of 1969) in order to site, construct, upgrade, or operate a refinery facility within a Refinery Revitalization Zone, including such permits, special use authorizations, certifications, opinions, or other approvals as may be required, whether issued by a Federal, State or local agency; (2) the term idle refinery means any intact refinery facility that has not been in operation after June 1, 2004; and (3) the term refinery facility means any facility designed and operated to refine raw crude oil into gasoline, heating oil, diesel fuel, or jet fuel by any chemical or physical process, including distillation, fluid catalytic cracking, hydrocracking, coking, alkylation, etherification, polymerization, catalytic reforming, isomerization, hydrotreating, blending, and any combination thereof.", "id": "H5CEDB4645AC4486D846EBD91364D2758", "header": "Definitions", "nested": [], "links": [] } ]

[ "Environment and Public Works Committee", "Energy and Commerce Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Columbia Space Shuttle Memorials Act of 2004.", "id": "H67409649313D4B00942BC36F374F8D0", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definitions \nIn this Act: (1) Memorial \nThe term memorial means each of the memorials to the Space Shuttle Columbia established by section 3(a). (2) Secretary \nThe term Secretary means the Secretary of the Interior, acting through the Director of the National Park Service.", "id": "HBF3FE83AC75249968991B3B3B7956009", "header": "Definitions", "nested": [], "links": [] }, { "text": "3. Memorials to the Space Shuttle Columbia \n(a) Establishment \nThere are established as units of the National Park System 4 memorials to the Space Shuttle Columbia to be located on the 4 parcels of land in the State described in subsection (b) on which large debris from the Space Shuttle Columbia was recovered. (b) Description of land \nThe parcels of land referred to in subsection (a) are— (1) the parcel of land owned by the Fredonia Corporation, located at the southeast corner of the intersection of E. Hospital Street and N. Fredonia Street, Nacogdoches, Texas; (2) the parcel of land owned by Temple Inland Inc., 10 acres of a 61-acre tract bounded by State Highway 83 and Bayou Bend Road, Hemphill, Texas; (3) the parcel of land owned by the city of Lufkin, Texas, located at City Hall Park, 301 Charlton Street, Lufkin, Texas; and (4) the parcel of land owned by San Augustine County, Texas, located at 1109 Oaklawn Street, San Augustine, Texas. (c) Administration \nThe memorials shall be administered by the Secretary. (d) Additional sites \nThe Secretary may recommend to Congress additional sites in the State of Texas related to the Space Shuttle Columbia for establishment as memorials to the Space Shuttle Columbia.", "id": "H5FD462FCA1704757B82EF5739EE3C871", "header": "Memorials to the Space Shuttle Columbia", "nested": [ { "text": "(a) Establishment \nThere are established as units of the National Park System 4 memorials to the Space Shuttle Columbia to be located on the 4 parcels of land in the State described in subsection (b) on which large debris from the Space Shuttle Columbia was recovered.", "id": "H6E8C84C9208F4805AEEB00D9E4E562FF", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Description of land \nThe parcels of land referred to in subsection (a) are— (1) the parcel of land owned by the Fredonia Corporation, located at the southeast corner of the intersection of E. Hospital Street and N. Fredonia Street, Nacogdoches, Texas; (2) the parcel of land owned by Temple Inland Inc., 10 acres of a 61-acre tract bounded by State Highway 83 and Bayou Bend Road, Hemphill, Texas; (3) the parcel of land owned by the city of Lufkin, Texas, located at City Hall Park, 301 Charlton Street, Lufkin, Texas; and (4) the parcel of land owned by San Augustine County, Texas, located at 1109 Oaklawn Street, San Augustine, Texas.", "id": "H45DCAE6A749140130043933D4EC7ED4", "header": "Description of land", "nested": [], "links": [] }, { "text": "(c) Administration \nThe memorials shall be administered by the Secretary.", "id": "H1B4670B8F01C48A9A2F9F4E913A7031C", "header": "Administration", "nested": [], "links": [] }, { "text": "(d) Additional sites \nThe Secretary may recommend to Congress additional sites in the State of Texas related to the Space Shuttle Columbia for establishment as memorials to the Space Shuttle Columbia.", "id": "HC84CFECB975645518EFC35003C0978E1", "header": "Additional sites", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Authorization of appropriations \nThere are authorized to be appropriated to carry out this Act $5,000,000, to remain available until expended.", "id": "H11F95CC9EAE346E28B83A8580061A9FE", "header": "Authorization of appropriations", "nested": [], "links": [] } ]

[ "Natural Resources Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Orderly and Timely Interstate Placement of Foster Children Act of 2004.", "id": "HA0C9D93121004CB69BB910AC7FE29F1C", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Sense of the Congress \n(a) Finding \nThe Congress finds that the Interstate Compact on the Placement of Children (ICPC) was drafted more than 40 years ago, is outdated, and is a barrier to the timely placement of children across State lines. (b) Sense of the Congress \nIt is the sense of the Congress that the States should expeditiously revise the ICPC to better serve the interests of children and reduce unnecessary work, and that the revision should include— (1) limiting its applicability to children in foster care under the responsibility of a State, except those seeking placement in a residential facility primarily to access clinical mental health services; and (2) providing for deadlines for the completion and approval of home studies as set forth in section 4.", "id": "HF14A71790011462BA27766D380B36579", "header": "Sense of the Congress", "nested": [ { "text": "(a) Finding \nThe Congress finds that the Interstate Compact on the Placement of Children (ICPC) was drafted more than 40 years ago, is outdated, and is a barrier to the timely placement of children across State lines.", "id": "HE4949AEE66384925BE7CCA1748D4B21E", "header": "Finding", "nested": [], "links": [] }, { "text": "(b) Sense of the Congress \nIt is the sense of the Congress that the States should expeditiously revise the ICPC to better serve the interests of children and reduce unnecessary work, and that the revision should include— (1) limiting its applicability to children in foster care under the responsibility of a State, except those seeking placement in a residential facility primarily to access clinical mental health services; and (2) providing for deadlines for the completion and approval of home studies as set forth in section 4.", "id": "HAC8ED70F0C2B4D7B95367E45D218F748", "header": "Sense of the Congress", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Orderly and timely process for interstate placement of children \nSection 471(a) of the Social Security Act ( 42 U.S.C. 671(a) ) is amended— (1) by striking “and” at the end of paragraph (23); (2) by striking the period at the end of paragraph (24) and inserting “; and”; and (3) by adding at the end the following: (25) provide that the State shall have in effect procedures for the orderly and timely interstate placement of children; and procedures implemented in accordance with an interstate compact approved by the Secretary, if incorporating with the procedures prescribed by paragraph (26), shall be considered to satisfy the requirement of this paragraph..", "id": "HB902DA0217DB4223AA464D9D5EDFD9DC", "header": "Orderly and timely process for interstate placement of children", "nested": [], "links": [ { "text": "42 U.S.C. 671(a)", "legal-doc": "usc", "parsable-cite": "usc/42/671" } ] }, { "text": "4. Home studies \n(a) Orderly process \n(1) In general \nSection 471(a) of the Social Security Act ( 42 U.S.C. 671(a) ) is further amended— (A) by striking and at the end of paragraph (24); (B) by striking the period at the end of paragraph (25) and inserting ; and ; and (C) by adding at the end the following: (26) provides that— (A) within 60 days after the State receives from another State a request to conduct a study of a home environment for purposes of assessing the appropriateness of placing a child in the home, the State shall, directly or by contract— (i) conduct and complete the study; and (ii) return to the other State a report on the results of the study, which shall address the extent to which placement in the home would meet the needs of the child; (B) the State shall treat any report described in subparagraph (A) that is received from another State (or from a private agency under contract with another State) as meeting any requirements imposed by the State for the completion of a home study before placing a child in the home, unless, within 7 days after receipt of the report, the State determines, based on grounds that are specific to the content of the report, that making a decision in reliance on the report would be contrary to the welfare of the child; and (C) the State shall not impose any restriction on the ability of a State agency administering, or supervising the administration of, a State program operated under a State plan approved under this part to contract with a private agency for the conduct of a home study described in subparagraph (A).. (2) Sense of the Congress \nIt is the sense of the Congress that each State should— (A) use private agencies to conduct home studies when doing so is necessary to meet the requirements of section 471(a)(26) of the Social Security Act; and (B) give full faith and credit to any home study report completed by any other State with respect to the placement of a child in foster care or for adoption. (b) Timely interstate home study incentive payments \nPart E of title IV of the Social Security Act ( 42 U.S.C. 670–679b ) is amended by inserting after section 473A the following: 473B. Timely interstate home study incentive payments \n(a) Grant authority \nThe Secretary shall make a grant to each State that is a home study incentive-eligible State for a fiscal year in an amount equal to the timely interstate home study incentive payment payable to the State under this section for the fiscal year, which shall be payable in the immediately succeeding fiscal year. (b) Home study incentive-eligible State \nA State is a home study incentive-eligible State for a fiscal year if— (1) the State has a plan approved under this part for the fiscal year; (2) the State is in compliance with subsection (c) for the fiscal year; and (3) based on data submitted and verified pursuant to subsection (c), the State has completed a timely interstate home study during the fiscal year. (c) Data requirements \n(1) In general \nA State is in compliance with this subsection for a fiscal year if the State has provided to the Secretary a written report, covering the preceding fiscal year, that specifies— (A) the total number of interstate home studies requested by the State with respect to children in foster care under the responsibility of the State, and with respect to each such study, the identity of the other State involved; and (B) the total number of timely interstate home studies completed by the State with respect to children in foster care under the responsibility of other States, and with respect to each such study, the identity of the other State involved. (2) Verification of data \nIn determining the number of timely interstate home studies to be attributed to a State under this section, the Secretary shall check the data provided by the State under paragraph (1) against complementary data so provided by other States. (d) Timely interstate home study incentive payments \n(1) In general \nExcept as provided in paragraph (2) of this subsection, the timely interstate home study incentive payment payable to a State for a fiscal year shall be $1,000, multiplied by the number of timely interstate home studies attributed to the State under this section during the fiscal year. (2) Pro rata adjustment if insufficient funds available \nIf the total amount of timely interstate home study incentive payments otherwise payable under this section for a fiscal year exceeds the total of the amounts made available pursuant to subsection (h) for the fiscal year, the amount of each such otherwise payable incentive payment shall be reduced by a percentage equal to— (A) the total of the amounts so made available; divided by (B) the total of such otherwise payable incentive payments. (e) 2-year availability of incentive payments \nPayments to a State under this section in a fiscal year shall remain available for use by the State through the end of the next fiscal year. (f) Limitations on use of incentive payments \nA State shall not expend an amount paid to the State under this section except to provide to children or families any service (including post-adoption services) that may be provided under part B or E. Amounts expended by a State in accordance with the preceding sentence shall be disregarded in determining State expenditures for purposes of Federal matching payments under sections 423, 434, and 474. (g) Definitions \nIn this section: (1) Home study \nThe term home study means a study of a home environment, conducted in accordance with applicable requirements of the State in which the home is located, for the purpose of assessing whether placement of a child in the home would be appropriate for the child. (2) Interstate home study \nThe term interstate home study means a home study conducted by a State at the request of another State, to facilitate an adoptive or relative placement in the State. (3) Timely interstate home study \nThe term timely interstate home study means an interstate home study completed by a State if the State provides to the State that requested the study, within 30 days after receipt of the request, a report on the results of the study. (h) Limitations on authorization of appropriations \n(1) In general \nFor grants under subsection (a), there are authorized to be appropriated to the Secretary $10,000,000 for fiscal year 2005. (2) Availability \nAmounts appropriated under paragraph (1) are authorized to remain available until expended.. (c) Repealer \nEffective October 1, 2008, section 473B of the Social Security Act is repealed.", "id": "HC696DE45BBB842C79C09509EF7C3D46", "header": "Home studies", "nested": [ { "text": "(a) Orderly process \n(1) In general \nSection 471(a) of the Social Security Act ( 42 U.S.C. 671(a) ) is further amended— (A) by striking and at the end of paragraph (24); (B) by striking the period at the end of paragraph (25) and inserting ; and ; and (C) by adding at the end the following: (26) provides that— (A) within 60 days after the State receives from another State a request to conduct a study of a home environment for purposes of assessing the appropriateness of placing a child in the home, the State shall, directly or by contract— (i) conduct and complete the study; and (ii) return to the other State a report on the results of the study, which shall address the extent to which placement in the home would meet the needs of the child; (B) the State shall treat any report described in subparagraph (A) that is received from another State (or from a private agency under contract with another State) as meeting any requirements imposed by the State for the completion of a home study before placing a child in the home, unless, within 7 days after receipt of the report, the State determines, based on grounds that are specific to the content of the report, that making a decision in reliance on the report would be contrary to the welfare of the child; and (C) the State shall not impose any restriction on the ability of a State agency administering, or supervising the administration of, a State program operated under a State plan approved under this part to contract with a private agency for the conduct of a home study described in subparagraph (A).. (2) Sense of the Congress \nIt is the sense of the Congress that each State should— (A) use private agencies to conduct home studies when doing so is necessary to meet the requirements of section 471(a)(26) of the Social Security Act; and (B) give full faith and credit to any home study report completed by any other State with respect to the placement of a child in foster care or for adoption.", "id": "HFF39A348BD83439E8EB73B9BCACAA22D", "header": "Orderly process", "nested": [], "links": [ { "text": "42 U.S.C. 671(a)", "legal-doc": "usc", "parsable-cite": "usc/42/671" } ] }, { "text": "(b) Timely interstate home study incentive payments \nPart E of title IV of the Social Security Act ( 42 U.S.C. 670–679b ) is amended by inserting after section 473A the following: 473B. Timely interstate home study incentive payments \n(a) Grant authority \nThe Secretary shall make a grant to each State that is a home study incentive-eligible State for a fiscal year in an amount equal to the timely interstate home study incentive payment payable to the State under this section for the fiscal year, which shall be payable in the immediately succeeding fiscal year. (b) Home study incentive-eligible State \nA State is a home study incentive-eligible State for a fiscal year if— (1) the State has a plan approved under this part for the fiscal year; (2) the State is in compliance with subsection (c) for the fiscal year; and (3) based on data submitted and verified pursuant to subsection (c), the State has completed a timely interstate home study during the fiscal year. (c) Data requirements \n(1) In general \nA State is in compliance with this subsection for a fiscal year if the State has provided to the Secretary a written report, covering the preceding fiscal year, that specifies— (A) the total number of interstate home studies requested by the State with respect to children in foster care under the responsibility of the State, and with respect to each such study, the identity of the other State involved; and (B) the total number of timely interstate home studies completed by the State with respect to children in foster care under the responsibility of other States, and with respect to each such study, the identity of the other State involved. (2) Verification of data \nIn determining the number of timely interstate home studies to be attributed to a State under this section, the Secretary shall check the data provided by the State under paragraph (1) against complementary data so provided by other States. (d) Timely interstate home study incentive payments \n(1) In general \nExcept as provided in paragraph (2) of this subsection, the timely interstate home study incentive payment payable to a State for a fiscal year shall be $1,000, multiplied by the number of timely interstate home studies attributed to the State under this section during the fiscal year. (2) Pro rata adjustment if insufficient funds available \nIf the total amount of timely interstate home study incentive payments otherwise payable under this section for a fiscal year exceeds the total of the amounts made available pursuant to subsection (h) for the fiscal year, the amount of each such otherwise payable incentive payment shall be reduced by a percentage equal to— (A) the total of the amounts so made available; divided by (B) the total of such otherwise payable incentive payments. (e) 2-year availability of incentive payments \nPayments to a State under this section in a fiscal year shall remain available for use by the State through the end of the next fiscal year. (f) Limitations on use of incentive payments \nA State shall not expend an amount paid to the State under this section except to provide to children or families any service (including post-adoption services) that may be provided under part B or E. Amounts expended by a State in accordance with the preceding sentence shall be disregarded in determining State expenditures for purposes of Federal matching payments under sections 423, 434, and 474. (g) Definitions \nIn this section: (1) Home study \nThe term home study means a study of a home environment, conducted in accordance with applicable requirements of the State in which the home is located, for the purpose of assessing whether placement of a child in the home would be appropriate for the child. (2) Interstate home study \nThe term interstate home study means a home study conducted by a State at the request of another State, to facilitate an adoptive or relative placement in the State. (3) Timely interstate home study \nThe term timely interstate home study means an interstate home study completed by a State if the State provides to the State that requested the study, within 30 days after receipt of the request, a report on the results of the study. (h) Limitations on authorization of appropriations \n(1) In general \nFor grants under subsection (a), there are authorized to be appropriated to the Secretary $10,000,000 for fiscal year 2005. (2) Availability \nAmounts appropriated under paragraph (1) are authorized to remain available until expended..", "id": "HD109B15E5D3741058FA16100A4B74396", "header": "Timely interstate home study incentive payments", "nested": [], "links": [ { "text": "42 U.S.C. 670–679b", "legal-doc": "usc", "parsable-cite": "usc/42/670" } ] }, { "text": "(c) Repealer \nEffective October 1, 2008, section 473B of the Social Security Act is repealed.", "id": "H2EC7617266BE4D4A9E63C496E1A2A7D1", "header": "Repealer", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 671(a)", "legal-doc": "usc", "parsable-cite": "usc/42/671" }, { "text": "42 U.S.C. 670–679b", "legal-doc": "usc", "parsable-cite": "usc/42/670" } ] }, { "text": "473B. Timely interstate home study incentive payments \n(a) Grant authority \nThe Secretary shall make a grant to each State that is a home study incentive-eligible State for a fiscal year in an amount equal to the timely interstate home study incentive payment payable to the State under this section for the fiscal year, which shall be payable in the immediately succeeding fiscal year. (b) Home study incentive-eligible State \nA State is a home study incentive-eligible State for a fiscal year if— (1) the State has a plan approved under this part for the fiscal year; (2) the State is in compliance with subsection (c) for the fiscal year; and (3) based on data submitted and verified pursuant to subsection (c), the State has completed a timely interstate home study during the fiscal year. (c) Data requirements \n(1) In general \nA State is in compliance with this subsection for a fiscal year if the State has provided to the Secretary a written report, covering the preceding fiscal year, that specifies— (A) the total number of interstate home studies requested by the State with respect to children in foster care under the responsibility of the State, and with respect to each such study, the identity of the other State involved; and (B) the total number of timely interstate home studies completed by the State with respect to children in foster care under the responsibility of other States, and with respect to each such study, the identity of the other State involved. (2) Verification of data \nIn determining the number of timely interstate home studies to be attributed to a State under this section, the Secretary shall check the data provided by the State under paragraph (1) against complementary data so provided by other States. (d) Timely interstate home study incentive payments \n(1) In general \nExcept as provided in paragraph (2) of this subsection, the timely interstate home study incentive payment payable to a State for a fiscal year shall be $1,000, multiplied by the number of timely interstate home studies attributed to the State under this section during the fiscal year. (2) Pro rata adjustment if insufficient funds available \nIf the total amount of timely interstate home study incentive payments otherwise payable under this section for a fiscal year exceeds the total of the amounts made available pursuant to subsection (h) for the fiscal year, the amount of each such otherwise payable incentive payment shall be reduced by a percentage equal to— (A) the total of the amounts so made available; divided by (B) the total of such otherwise payable incentive payments. (e) 2-year availability of incentive payments \nPayments to a State under this section in a fiscal year shall remain available for use by the State through the end of the next fiscal year. (f) Limitations on use of incentive payments \nA State shall not expend an amount paid to the State under this section except to provide to children or families any service (including post-adoption services) that may be provided under part B or E. Amounts expended by a State in accordance with the preceding sentence shall be disregarded in determining State expenditures for purposes of Federal matching payments under sections 423, 434, and 474. (g) Definitions \nIn this section: (1) Home study \nThe term home study means a study of a home environment, conducted in accordance with applicable requirements of the State in which the home is located, for the purpose of assessing whether placement of a child in the home would be appropriate for the child. (2) Interstate home study \nThe term interstate home study means a home study conducted by a State at the request of another State, to facilitate an adoptive or relative placement in the State. (3) Timely interstate home study \nThe term timely interstate home study means an interstate home study completed by a State if the State provides to the State that requested the study, within 30 days after receipt of the request, a report on the results of the study. (h) Limitations on authorization of appropriations \n(1) In general \nFor grants under subsection (a), there are authorized to be appropriated to the Secretary $10,000,000 for fiscal year 2005. (2) Availability \nAmounts appropriated under paragraph (1) are authorized to remain available until expended.", "id": "HBBFC85083C244C869E5CDAAFC6A07B85", "header": "Timely interstate home study incentive payments", "nested": [ { "text": "(a) Grant authority \nThe Secretary shall make a grant to each State that is a home study incentive-eligible State for a fiscal year in an amount equal to the timely interstate home study incentive payment payable to the State under this section for the fiscal year, which shall be payable in the immediately succeeding fiscal year.", "id": "H22531223B3BD4D1E93A9124BF71FB84E", "header": "Grant authority", "nested": [], "links": [] }, { "text": "(b) Home study incentive-eligible State \nA State is a home study incentive-eligible State for a fiscal year if— (1) the State has a plan approved under this part for the fiscal year; (2) the State is in compliance with subsection (c) for the fiscal year; and (3) based on data submitted and verified pursuant to subsection (c), the State has completed a timely interstate home study during the fiscal year.", "id": "HAD8A6F88C21A4EAEA384003039D3FE35", "header": "Home study incentive-eligible State", "nested": [], "links": [] }, { "text": "(c) Data requirements \n(1) In general \nA State is in compliance with this subsection for a fiscal year if the State has provided to the Secretary a written report, covering the preceding fiscal year, that specifies— (A) the total number of interstate home studies requested by the State with respect to children in foster care under the responsibility of the State, and with respect to each such study, the identity of the other State involved; and (B) the total number of timely interstate home studies completed by the State with respect to children in foster care under the responsibility of other States, and with respect to each such study, the identity of the other State involved. (2) Verification of data \nIn determining the number of timely interstate home studies to be attributed to a State under this section, the Secretary shall check the data provided by the State under paragraph (1) against complementary data so provided by other States.", "id": "H2575F1772F034CA789463714F6BAD9F0", "header": "Data requirements", "nested": [], "links": [] }, { "text": "(d) Timely interstate home study incentive payments \n(1) In general \nExcept as provided in paragraph (2) of this subsection, the timely interstate home study incentive payment payable to a State for a fiscal year shall be $1,000, multiplied by the number of timely interstate home studies attributed to the State under this section during the fiscal year. (2) Pro rata adjustment if insufficient funds available \nIf the total amount of timely interstate home study incentive payments otherwise payable under this section for a fiscal year exceeds the total of the amounts made available pursuant to subsection (h) for the fiscal year, the amount of each such otherwise payable incentive payment shall be reduced by a percentage equal to— (A) the total of the amounts so made available; divided by (B) the total of such otherwise payable incentive payments.", "id": "HD07BED4D23B740B182B22FE47AF2912", "header": "Timely interstate home study incentive payments", "nested": [], "links": [] }, { "text": "(e) 2-year availability of incentive payments \nPayments to a State under this section in a fiscal year shall remain available for use by the State through the end of the next fiscal year.", "id": "HDB12A721AD4C4ADE84A32DA4EF6EAD", "header": "2-year availability of incentive payments", "nested": [], "links": [] }, { "text": "(f) Limitations on use of incentive payments \nA State shall not expend an amount paid to the State under this section except to provide to children or families any service (including post-adoption services) that may be provided under part B or E. Amounts expended by a State in accordance with the preceding sentence shall be disregarded in determining State expenditures for purposes of Federal matching payments under sections 423, 434, and 474.", "id": "H6E363554FF384F1195CADEB499BABD9E", "header": "Limitations on use of incentive payments", "nested": [], "links": [] }, { "text": "(g) Definitions \nIn this section: (1) Home study \nThe term home study means a study of a home environment, conducted in accordance with applicable requirements of the State in which the home is located, for the purpose of assessing whether placement of a child in the home would be appropriate for the child. (2) Interstate home study \nThe term interstate home study means a home study conducted by a State at the request of another State, to facilitate an adoptive or relative placement in the State. (3) Timely interstate home study \nThe term timely interstate home study means an interstate home study completed by a State if the State provides to the State that requested the study, within 30 days after receipt of the request, a report on the results of the study.", "id": "H9CDB6BC54DD541749FEA334DC6FEB77D", "header": "Definitions", "nested": [], "links": [] }, { "text": "(h) Limitations on authorization of appropriations \n(1) In general \nFor grants under subsection (a), there are authorized to be appropriated to the Secretary $10,000,000 for fiscal year 2005. (2) Availability \nAmounts appropriated under paragraph (1) are authorized to remain available until expended.", "id": "H40C1CB149C8248428FF2F2FF44D1D8A1", "header": "Limitations on authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Requirement to check child abuse registries; opt-out eliminated \nSection 471(a)(20) of the Social Security Act ( 42 U.S.C. 671(a)(20) ) is amended— (1) in subparagraph (A), by striking unless an election provided for in subparagraph (B) is made with respect to the State, ; and (2) by striking subparagraph (B) and inserting the following: (B) provides that the State shall— (i) check any child abuse and neglect registry maintained by the State for information on any prospective foster or adoptive parent and on any other adult living in the home of such a prospective parent, and request any other State in which any such prospective parent or other adult has resided in the preceding 5 years, to enable the State to check any child abuse and neglect registry maintained by such other State for such information, before the prospective foster or adoptive parent may be finally approved for placement of a child, regardless of whether foster care maintenance payments or adoption assistance payments are to be made on behalf of the child under the State plan under this part; (ii) comply with any request described in clause (i) that is received from another State; and (iii) have in place safeguards to prevent the unauthorized disclosure of information in any child abuse and neglect registry maintained by the State, and to prevent any such information obtained pursuant to this subparagraph from being used for a purpose other than the conducting of background checks in foster or adoptive placement cases;.", "id": "HB6B73D147CA849CAA1A6955661897D7", "header": "Requirement to check child abuse registries; opt-out eliminated", "nested": [], "links": [ { "text": "42 U.S.C. 671(a)(20)", "legal-doc": "usc", "parsable-cite": "usc/42/671" } ] }, { "text": "6. Courts allowed access to the Federal Parent Locator Service to locate parents in foster care or adoptive placement cases \nSection 453(c) of the Social Security Act ( 42 U.S.C. 653(c) ) is amended— (1) by striking and at the end of paragraph (3); (2) by striking the period and inserting ; and ; and (3) by adding at the end the following: (5) any court which has authority with respect to the placement of a child in foster care or for adoption, but only for the purpose of locating a parent of the child..", "id": "H5E002B7A88B6444F987893D45CF554CC", "header": "Courts allowed access to the Federal Parent Locator Service to locate parents in foster care or adoptive placement cases", "nested": [], "links": [ { "text": "42 U.S.C. 653(c)", "legal-doc": "usc", "parsable-cite": "usc/42/653" } ] }, { "text": "7. Caseworker visits \n(a) Purchase of services in interstate placement cases \nSection 475(5)(A)(ii) of the Social Security Act ( 42 U.S.C. 675(5)(A)(ii) ) is amended by striking or of the State in which the child has been placed and inserting of the State in which the child has been placed, or of a private agency under contract with either such State. (b) Increased visits \nSection 475(5)(A)(ii) of such Act ( 42 U.S.C. 675(5)(A)(ii) ) is amended by striking 12 and inserting 6.", "id": "H19C8B82F1A314464B2B2C852286E82E1", "header": "Caseworker visits", "nested": [ { "text": "(a) Purchase of services in interstate placement cases \nSection 475(5)(A)(ii) of the Social Security Act ( 42 U.S.C. 675(5)(A)(ii) ) is amended by striking or of the State in which the child has been placed and inserting of the State in which the child has been placed, or of a private agency under contract with either such State.", "id": "HF8F5F4ED4854466A85BB4B9E26DC53D", "header": "Purchase of services in interstate placement cases", "nested": [], "links": [ { "text": "42 U.S.C. 675(5)(A)(ii)", "legal-doc": "usc", "parsable-cite": "usc/42/675" } ] }, { "text": "(b) Increased visits \nSection 475(5)(A)(ii) of such Act ( 42 U.S.C. 675(5)(A)(ii) ) is amended by striking 12 and inserting 6.", "id": "H0366D565F854450F8C41AAC600CCDC8C", "header": "Increased visits", "nested": [], "links": [ { "text": "42 U.S.C. 675(5)(A)(ii)", "legal-doc": "usc", "parsable-cite": "usc/42/675" } ] } ], "links": [ { "text": "42 U.S.C. 675(5)(A)(ii)", "legal-doc": "usc", "parsable-cite": "usc/42/675" }, { "text": "42 U.S.C. 675(5)(A)(ii)", "legal-doc": "usc", "parsable-cite": "usc/42/675" } ] }, { "text": "8. Health and education records \nSection 475 of the Social Security Act ( 42 U.S.C. 675 ) is amended— (1) in paragraph (1)(C)— (A) by striking To the extent available and accessible, the and inserting The ; and (B) by inserting the most recent information available regarding after including ; and (2) in paragraph (5)(D)— (A) by inserting a copy of the record is before supplied ; and (B) by inserting , and is supplied to the child at the time the child leaves foster care if the child is leaving foster care by reason of having attained the age of majority under State law before the semicolon.", "id": "H70FAC877698C42B08F67CD6EA6008D1F", "header": "Health and education records", "nested": [], "links": [ { "text": "42 U.S.C. 675", "legal-doc": "usc", "parsable-cite": "usc/42/675" } ] }, { "text": "9. Right to be heard in foster care proceedings \n(a) In general \nSection 475(5)(G) of the Social Security Act ( 42 U.S.C. 675(5)(G) ) is amended— (1) by striking an opportunity and inserting a right ; (2) by striking and opportunity and inserting and right ; and (3) by striking review or hearing each place it appears and inserting proceeding. (b) Notice of proceeding \nSection 438(b) of such Act ( 42 U.S.C. 638(b) ) is amended by inserting shall have in effect a rule requiring State courts to notify foster parents, pre-adoptive parents, and relative caregivers of a child in foster care under the responsibility of the State of any proceeding to be held with respect to the child, and after highest State court.", "id": "H0622DF8EDEB3406D973FB546DB20D2A0", "header": "Right to be heard in foster care proceedings", "nested": [ { "text": "(a) In general \nSection 475(5)(G) of the Social Security Act ( 42 U.S.C. 675(5)(G) ) is amended— (1) by striking an opportunity and inserting a right ; (2) by striking and opportunity and inserting and right ; and (3) by striking review or hearing each place it appears and inserting proceeding.", "id": "H14B69038D2F74624967204E81461239D", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 675(5)(G)", "legal-doc": "usc", "parsable-cite": "usc/42/675" } ] }, { "text": "(b) Notice of proceeding \nSection 438(b) of such Act ( 42 U.S.C. 638(b) ) is amended by inserting shall have in effect a rule requiring State courts to notify foster parents, pre-adoptive parents, and relative caregivers of a child in foster care under the responsibility of the State of any proceeding to be held with respect to the child, and after highest State court.", "id": "H1EE41EFF32E6449D9F469D57184900AB", "header": "Notice of proceeding", "nested": [], "links": [ { "text": "42 U.S.C. 638(b)", "legal-doc": "usc", "parsable-cite": "usc/42/638" } ] } ], "links": [ { "text": "42 U.S.C. 675(5)(G)", "legal-doc": "usc", "parsable-cite": "usc/42/675" }, { "text": "42 U.S.C. 638(b)", "legal-doc": "usc", "parsable-cite": "usc/42/638" } ] }, { "text": "10. Reasonable efforts \n(a) In general \nSection 471(a)(15)(C) of the Social Security Act ( 42 U.S.C. 671(a)(15)(C) ) is amended by inserting (including, if appropriate, through an interstate placement) after accordance with the permanency plan. (b) Permanency hearing \nSection 471(a)(15)(E)(i) of such Act ( 42 U.S.C. 671(a)(15)(E)(i) ) is amended by inserting , which considers in-State and out-of-State permanent placement options for the child, before shall. (c) Concurrent planning \nSection 471(a)(15)(F) of such Act ( 42 U.S.C. 671(a)(15)(F) ) is amended by inserting , including identifying appropriate out-of-State relatives and placements before may.", "id": "H4E0A0A6D3D5E460CA5135E46A41CAA63", "header": "Reasonable efforts", "nested": [ { "text": "(a) In general \nSection 471(a)(15)(C) of the Social Security Act ( 42 U.S.C. 671(a)(15)(C) ) is amended by inserting (including, if appropriate, through an interstate placement) after accordance with the permanency plan.", "id": "H9302D80A9B724F2F8C00BB7EC4E5744D", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 671(a)(15)(C)", "legal-doc": "usc", "parsable-cite": "usc/42/671" } ] }, { "text": "(b) Permanency hearing \nSection 471(a)(15)(E)(i) of such Act ( 42 U.S.C. 671(a)(15)(E)(i) ) is amended by inserting , which considers in-State and out-of-State permanent placement options for the child, before shall.", "id": "H886DC97E5F7A481E98CCB700AFB57373", "header": "Permanency hearing", "nested": [], "links": [ { "text": "42 U.S.C. 671(a)(15)(E)(i)", "legal-doc": "usc", "parsable-cite": "usc/42/671" } ] }, { "text": "(c) Concurrent planning \nSection 471(a)(15)(F) of such Act ( 42 U.S.C. 671(a)(15)(F) ) is amended by inserting , including identifying appropriate out-of-State relatives and placements before may.", "id": "HB861EB6AE6EA4994B4169D6F3F48F064", "header": "Concurrent planning", "nested": [], "links": [ { "text": "42 U.S.C. 671(a)(15)(F)", "legal-doc": "usc", "parsable-cite": "usc/42/671" } ] } ], "links": [ { "text": "42 U.S.C. 671(a)(15)(C)", "legal-doc": "usc", "parsable-cite": "usc/42/671" }, { "text": "42 U.S.C. 671(a)(15)(E)(i)", "legal-doc": "usc", "parsable-cite": "usc/42/671" }, { "text": "42 U.S.C. 671(a)(15)(F)", "legal-doc": "usc", "parsable-cite": "usc/42/671" } ] }, { "text": "11. Case plans \nSection 475(1)(E) of the Social Security Act ( 42 U.S.C. 675(1)(E) ) is amended by inserting to facilitate orderly and timely interstate placements before the period.", "id": "H171EA93F6CF24C069ED0ACA47F6066E5", "header": "Case plans", "nested": [], "links": [ { "text": "42 U.S.C. 675(1)(E)", "legal-doc": "usc", "parsable-cite": "usc/42/675" } ] }, { "text": "12. Case review system \nSection 475(5)(C) of the Social Security Act ( 42 U.S.C. 675(5)(C) is amended— (1) by inserting , in the case of a child who will not be returned to the parent, the hearing shall consider in-State and out-of-State placement options, after living arrangement ; and (2) by inserting the hearing shall determine before whether the.", "id": "H520182C0B2DB4328A12FAA6B7945944B", "header": "Case review system", "nested": [], "links": [ { "text": "42 U.S.C. 675(5)(C)", "legal-doc": "usc", "parsable-cite": "usc/42/675" } ] }, { "text": "13. Use of interjurisdictional resources \nSection 422(b)(12) of the Social Security Act ( 42 U.S.C. 622(b)(12) ) is amended— (1) by striking develop plans for the and inserting make ; (2) by inserting (including through contracts for the purchase of services) after resources ; and (3) by inserting , and shall eliminate legal barriers, before to facilitate.", "id": "HFDEA8F0AAEDD43A6A9FFACAB6400DF7F", "header": "Use of interjurisdictional resources", "nested": [], "links": [ { "text": "42 U.S.C. 622(b)(12)", "legal-doc": "usc", "parsable-cite": "usc/42/622" } ] }, { "text": "14. GAO study on child welfare background checks \n(a) Study \nThe Comptroller General of the United States shall conduct a study of background checks that are performed for the purpose of determining the appropriateness of placing in a foster or adoptive home a child who is under the custody of a State. The study shall review the policies and practices of States in order to— (1) identify the most common delays in the background clearance process and where in the process the delays occur; (2) describe when background checks are initiated; (3) determine which of local, State, or Federal (such as FBI) background checks are used, how long it takes, on average, for each kind of check to be processed, which crimes or other events are included in each kind of check, how the States differ in classifying the crimes and other events checked, and how the information revealed by the checks is used in determining eligibility to act as a foster or adoptive parent; (4) examine the barriers child welfare agencies face in accessing criminal background check information; (5) examine the use of the latest information-sharing technology, including electronic fingerprinting and participation in the Integrated Automated Fingerprinting Information System; (6) identify the varied uses of such technology for child welfare purposes as opposed to criminal justice purposes; and (7) recommend best practices that can increase the speed, efficiency, and accuracy of child welfare background checks at all levels of government. (b) Report to the Congress \nWithin 12 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committees on Ways and Means and on Education and the Workforce of the House of Representatives and the Committees on Finance and on Health, Education, Labor, and Pensions of the Senate a report which contains the results of the study required by subsection (a).", "id": "HB2D086BE18CD484088506D98C1B18508", "header": "GAO study on child welfare background checks", "nested": [ { "text": "(a) Study \nThe Comptroller General of the United States shall conduct a study of background checks that are performed for the purpose of determining the appropriateness of placing in a foster or adoptive home a child who is under the custody of a State. The study shall review the policies and practices of States in order to— (1) identify the most common delays in the background clearance process and where in the process the delays occur; (2) describe when background checks are initiated; (3) determine which of local, State, or Federal (such as FBI) background checks are used, how long it takes, on average, for each kind of check to be processed, which crimes or other events are included in each kind of check, how the States differ in classifying the crimes and other events checked, and how the information revealed by the checks is used in determining eligibility to act as a foster or adoptive parent; (4) examine the barriers child welfare agencies face in accessing criminal background check information; (5) examine the use of the latest information-sharing technology, including electronic fingerprinting and participation in the Integrated Automated Fingerprinting Information System; (6) identify the varied uses of such technology for child welfare purposes as opposed to criminal justice purposes; and (7) recommend best practices that can increase the speed, efficiency, and accuracy of child welfare background checks at all levels of government.", "id": "H582B4B9517B14A328297D9607EF0CBA8", "header": "Study", "nested": [], "links": [] }, { "text": "(b) Report to the Congress \nWithin 12 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committees on Ways and Means and on Education and the Workforce of the House of Representatives and the Committees on Finance and on Health, Education, Labor, and Pensions of the Senate a report which contains the results of the study required by subsection (a).", "id": "H70D53C7072A44CC28BBE8BF97B80CF4F", "header": "Report to the Congress", "nested": [], "links": [] } ], "links": [] }, { "text": "15. Effective date \n(a) In general \nExcept as provided in subsection (b), the amendments made by this Act shall take effect on October 1, 2004, and shall apply to payments under parts B and E of title IV of the Social Security Act for calendar quarters beginning on or after such date, without regard to whether regulations to implement the amendments are promulgated by such date. (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 part B or E of title IV 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 date of the enactment of this Act. 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.", "id": "H8708D03703B6499B865C1D006E28A5B2", "header": "Effective date", "nested": [ { "text": "(a) In general \nExcept as provided in subsection (b), the amendments made by this Act shall take effect on October 1, 2004, and shall apply to payments under parts B and E of title IV of the Social Security Act for calendar quarters beginning on or after such date, without regard to whether regulations to implement the amendments are promulgated by such date.", "id": "HD389090DC5F1423A93FB22F604C56472", "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 part B or E of title IV 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 date of the enactment of this Act. 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.", "id": "HF0BF77161A604AD3A600A8D818F2E9B2", "header": "Delay permitted if State legislation required", "nested": [], "links": [] } ], "links": [] } ]

[ "Ways and Means Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H1DE5300363B04FFFAE8E459715EA94FF", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Inspection of cargo carried aboard passenger aircraft \nSubtitle A of title IV of the Homeland Security Act of 2002 ( 6 U.S.C. 201 et seq. ) is amended by adding at the end the following: 404. Air cargo on passenger aircraft \n(a) In general \nNot later than 180 days after the date of enactment of this section, the Secretary shall establish a system to screen or inspect to ensure the security of all cargo that is to be transported in passenger aircraft operated by an air carrier or foreign air carrier in air transportation or intrastate air transportation (as defined in section 40102 of title 49, United States Code). The system shall use equipment, technology, and personnel to screen and inspect cargo that meet the same standards as those established to screen passenger baggage. (b) Implementation plan \nThe Secretary shall— (1) develop an implementation plan to carry out subsection (a); and (2) establish and impose fees (to be known as cargo security fees ) for shippers of cargo to pay costs associated with carrying out subsection (a). (c) Research and development of new technologies \nThe Secretary shall monitor and evaluate the research and development of effective cargo screening technologies. (d) Schedule of fees \nIn imposing fees under this section, the Secretary shall ensure that the fees are reasonably related to the Transportation Security Administration's costs of providing services rendered. (e) Imposition of fee \n(1) In general \nNotwithstanding section 9701 of title 31, United States Code, and the procedural requirements of section 553 of title 5, United States Code, the Secretary shall impose the cargo security fee through the publication of notice of the fee in the Federal Register and begin collection of the fee within 60 days of the date of enactment of this section, or as soon as possible thereafter. (2) Subsequent modification of fee \nAfter imposing a cargo security fee in accordance with this section, the Secretary may modify, from time to time through publication of notice in the Federal Register, the imposition or collection of such fee, or both. (3) Limitation on collection \nNo cargo security fee may be collected under this section except to the extent that the expenditure of the fee to pay the costs of activities and services for which the fee is imposed is provided for in advance in an appropriations Act. (f) Administration of fees \n(1) Fees payable to secretary \nAll fees imposed and amounts collected under this section are payable to the Secretary. (2) Fees collected by air carrier \nA fee imposed under this section shall be collected by the air carrier or foreign air carrier that provides transportation described in subsection (a). (3) Due date for remittance \nA fee collected under this section shall be remitted on the last day of each calendar month by the carrier collecting the fee. The amount to be remitted shall be for the calendar month preceding the calendar month in which the remittance is made. (4) Information \nThe Secretary may require the provision of such information as the Secretary decides is necessary to verify that fees have been collected and remitted at the proper times and in the proper amounts. (5) Fee not subject to tax \nFor purposes of section 4261 of the Internal Revenue Code of 1986 ( 26 U.S.C. 4261 ), a fee imposed under this section shall not be considered to be part of the amount paid for taxable transportation. (6) Cost of collecting fee \nNo portion of the fee collected under this section may be retained by the air carrier or foreign air carrier for the costs of collecting, handling, or remitting the fee except for interest accruing to the carrier after collection and before remittance. (g) Receipts credited as offsetting collections \nNotwithstanding section 3302 of title 31, United States Code, any fee collected under this section— (1) shall be credited as offsetting collections to the account that finances the activities and services for which the fee is imposed; (2) shall be available for expenditure only to pay the costs of activities and services for which the fee is imposed; and (3) shall remain available until expended. (h) Refunds \nThe Secretary may refund any fee paid by mistake or any amount paid in excess of that required..", "id": "H370E05E39FAC4585A7B37B47D21E03F", "header": "Inspection of cargo carried aboard passenger aircraft", "nested": [], "links": [ { "text": "6 U.S.C. 201 et seq.", "legal-doc": "usc", "parsable-cite": "usc/6/201" }, { "text": "section 40102", "legal-doc": "usc", "parsable-cite": "usc/49/40102" }, { "text": "section 9701", "legal-doc": "usc", "parsable-cite": "usc/31/9701" }, { "text": "section 553", "legal-doc": "usc", "parsable-cite": "usc/5/553" }, { "text": "section 4261", "legal-doc": "usc", "parsable-cite": "usc/26/4261" }, { "text": "26 U.S.C. 4261", "legal-doc": "usc", "parsable-cite": "usc/26/4261" }, { "text": "section 3302", "legal-doc": "usc", "parsable-cite": "usc/31/3302" } ] }, { "text": "404. Air cargo on passenger aircraft \n(a) In general \nNot later than 180 days after the date of enactment of this section, the Secretary shall establish a system to screen or inspect to ensure the security of all cargo that is to be transported in passenger aircraft operated by an air carrier or foreign air carrier in air transportation or intrastate air transportation (as defined in section 40102 of title 49, United States Code). The system shall use equipment, technology, and personnel to screen and inspect cargo that meet the same standards as those established to screen passenger baggage. (b) Implementation plan \nThe Secretary shall— (1) develop an implementation plan to carry out subsection (a); and (2) establish and impose fees (to be known as cargo security fees ) for shippers of cargo to pay costs associated with carrying out subsection (a). (c) Research and development of new technologies \nThe Secretary shall monitor and evaluate the research and development of effective cargo screening technologies. (d) Schedule of fees \nIn imposing fees under this section, the Secretary shall ensure that the fees are reasonably related to the Transportation Security Administration's costs of providing services rendered. (e) Imposition of fee \n(1) In general \nNotwithstanding section 9701 of title 31, United States Code, and the procedural requirements of section 553 of title 5, United States Code, the Secretary shall impose the cargo security fee through the publication of notice of the fee in the Federal Register and begin collection of the fee within 60 days of the date of enactment of this section, or as soon as possible thereafter. (2) Subsequent modification of fee \nAfter imposing a cargo security fee in accordance with this section, the Secretary may modify, from time to time through publication of notice in the Federal Register, the imposition or collection of such fee, or both. (3) Limitation on collection \nNo cargo security fee may be collected under this section except to the extent that the expenditure of the fee to pay the costs of activities and services for which the fee is imposed is provided for in advance in an appropriations Act. (f) Administration of fees \n(1) Fees payable to secretary \nAll fees imposed and amounts collected under this section are payable to the Secretary. (2) Fees collected by air carrier \nA fee imposed under this section shall be collected by the air carrier or foreign air carrier that provides transportation described in subsection (a). (3) Due date for remittance \nA fee collected under this section shall be remitted on the last day of each calendar month by the carrier collecting the fee. The amount to be remitted shall be for the calendar month preceding the calendar month in which the remittance is made. (4) Information \nThe Secretary may require the provision of such information as the Secretary decides is necessary to verify that fees have been collected and remitted at the proper times and in the proper amounts. (5) Fee not subject to tax \nFor purposes of section 4261 of the Internal Revenue Code of 1986 ( 26 U.S.C. 4261 ), a fee imposed under this section shall not be considered to be part of the amount paid for taxable transportation. (6) Cost of collecting fee \nNo portion of the fee collected under this section may be retained by the air carrier or foreign air carrier for the costs of collecting, handling, or remitting the fee except for interest accruing to the carrier after collection and before remittance. (g) Receipts credited as offsetting collections \nNotwithstanding section 3302 of title 31, United States Code, any fee collected under this section— (1) shall be credited as offsetting collections to the account that finances the activities and services for which the fee is imposed; (2) shall be available for expenditure only to pay the costs of activities and services for which the fee is imposed; and (3) shall remain available until expended. (h) Refunds \nThe Secretary may refund any fee paid by mistake or any amount paid in excess of that required.", "id": "H9B75F718981F486FBC79007FB2A8C109", "header": "Air cargo on passenger aircraft", "nested": [ { "text": "(a) In general \nNot later than 180 days after the date of enactment of this section, the Secretary shall establish a system to screen or inspect to ensure the security of all cargo that is to be transported in passenger aircraft operated by an air carrier or foreign air carrier in air transportation or intrastate air transportation (as defined in section 40102 of title 49, United States Code). The system shall use equipment, technology, and personnel to screen and inspect cargo that meet the same standards as those established to screen passenger baggage.", "id": "HC0FBFDFEEE9B4997904BCE94303BF1A5", "header": "In general", "nested": [], "links": [ { "text": "section 40102", "legal-doc": "usc", "parsable-cite": "usc/49/40102" } ] }, { "text": "(b) Implementation plan \nThe Secretary shall— (1) develop an implementation plan to carry out subsection (a); and (2) establish and impose fees (to be known as cargo security fees ) for shippers of cargo to pay costs associated with carrying out subsection (a).", "id": "H7EA6C2ADCC154E0E9B649C4789C47BC3", "header": "Implementation plan", "nested": [], "links": [] }, { "text": "(c) Research and development of new technologies \nThe Secretary shall monitor and evaluate the research and development of effective cargo screening technologies.", "id": "H5CFAC6F84E7C4AB3A973F421E2340404", "header": "Research and development of new technologies", "nested": [], "links": [] }, { "text": "(d) Schedule of fees \nIn imposing fees under this section, the Secretary shall ensure that the fees are reasonably related to the Transportation Security Administration's costs of providing services rendered.", "id": "H3646072C3E7B4136ACB8D1B3E5373CDB", "header": "Schedule of fees", "nested": [], "links": [] }, { "text": "(e) Imposition of fee \n(1) In general \nNotwithstanding section 9701 of title 31, United States Code, and the procedural requirements of section 553 of title 5, United States Code, the Secretary shall impose the cargo security fee through the publication of notice of the fee in the Federal Register and begin collection of the fee within 60 days of the date of enactment of this section, or as soon as possible thereafter. (2) Subsequent modification of fee \nAfter imposing a cargo security fee in accordance with this section, the Secretary may modify, from time to time through publication of notice in the Federal Register, the imposition or collection of such fee, or both. (3) Limitation on collection \nNo cargo security fee may be collected under this section except to the extent that the expenditure of the fee to pay the costs of activities and services for which the fee is imposed is provided for in advance in an appropriations Act.", "id": "H55952BF1AC5B4DC100770484E139967", "header": "Imposition of fee", "nested": [], "links": [ { "text": "section 9701", "legal-doc": "usc", "parsable-cite": "usc/31/9701" }, { "text": "section 553", "legal-doc": "usc", "parsable-cite": "usc/5/553" } ] }, { "text": "(f) Administration of fees \n(1) Fees payable to secretary \nAll fees imposed and amounts collected under this section are payable to the Secretary. (2) Fees collected by air carrier \nA fee imposed under this section shall be collected by the air carrier or foreign air carrier that provides transportation described in subsection (a). (3) Due date for remittance \nA fee collected under this section shall be remitted on the last day of each calendar month by the carrier collecting the fee. The amount to be remitted shall be for the calendar month preceding the calendar month in which the remittance is made. (4) Information \nThe Secretary may require the provision of such information as the Secretary decides is necessary to verify that fees have been collected and remitted at the proper times and in the proper amounts. (5) Fee not subject to tax \nFor purposes of section 4261 of the Internal Revenue Code of 1986 ( 26 U.S.C. 4261 ), a fee imposed under this section shall not be considered to be part of the amount paid for taxable transportation. (6) Cost of collecting fee \nNo portion of the fee collected under this section may be retained by the air carrier or foreign air carrier for the costs of collecting, handling, or remitting the fee except for interest accruing to the carrier after collection and before remittance.", "id": "HC2B2988971B549F9BA3DBE5523A81739", "header": "Administration of fees", "nested": [], "links": [ { "text": "section 4261", "legal-doc": "usc", "parsable-cite": "usc/26/4261" }, { "text": "26 U.S.C. 4261", "legal-doc": "usc", "parsable-cite": "usc/26/4261" } ] }, { "text": "(g) Receipts credited as offsetting collections \nNotwithstanding section 3302 of title 31, United States Code, any fee collected under this section— (1) shall be credited as offsetting collections to the account that finances the activities and services for which the fee is imposed; (2) shall be available for expenditure only to pay the costs of activities and services for which the fee is imposed; and (3) shall remain available until expended.", "id": "H0D177A96E1CA4CB29E85449702761397", "header": "Receipts credited as offsetting collections", "nested": [], "links": [ { "text": "section 3302", "legal-doc": "usc", "parsable-cite": "usc/31/3302" } ] }, { "text": "(h) Refunds \nThe Secretary may refund any fee paid by mistake or any amount paid in excess of that required.", "id": "HF3EF6E5AC03C4BE38D2F4F20180015CA", "header": "Refunds", "nested": [], "links": [] } ], "links": [ { "text": "section 40102", "legal-doc": "usc", "parsable-cite": "usc/49/40102" }, { "text": "section 9701", "legal-doc": "usc", "parsable-cite": "usc/31/9701" }, { "text": "section 553", "legal-doc": "usc", "parsable-cite": "usc/5/553" }, { "text": "section 4261", "legal-doc": "usc", "parsable-cite": "usc/26/4261" }, { "text": "26 U.S.C. 4261", "legal-doc": "usc", "parsable-cite": "usc/26/4261" }, { "text": "section 3302", "legal-doc": "usc", "parsable-cite": "usc/31/3302" } ] }, { "text": "3. Federal air marshals \n(a) Flights of foreign air carriers and charter and all-cargo air transportation \nSection 44917(a)(1) of title 49, United States Code, is amended by inserting before the semicolon at the end the following: , on any passenger flight of an air carrier in charter air transportation for which the Under Secretary determines that such deployment is in the interest of aviation security, on every passenger flight of foreign air carriers in air transportation, and on flights of all-cargo air transportation. (b) Limitation on landing and takeoff rights of foreign air carriers \n(1) In general \nNo flight of a foreign air carrier may land in or take off from any airport in the United States unless such flight has on board a Federal air marshal or an equivalent officer of the government of the foreign country under the laws of which the foreign air carrier is organized if the Secretary of Homeland Security requests the presence of such marshal or officer on such flight. (2) Enforcement \nThe Secretary of Homeland Security shall take such action as may be necessary to ensure compliance with this section and actions taken under this section. (3) Definitions \nIn this subsection, the terms foreign air carrier , airport , and United States have the meaning such terms have in section 40102 of title 49, United States Code.", "id": "HA5868671D8A746D3B000A48B25F9E34", "header": "Federal air marshals", "nested": [ { "text": "(a) Flights of foreign air carriers and charter and all-cargo air transportation \nSection 44917(a)(1) of title 49, United States Code, is amended by inserting before the semicolon at the end the following: , on any passenger flight of an air carrier in charter air transportation for which the Under Secretary determines that such deployment is in the interest of aviation security, on every passenger flight of foreign air carriers in air transportation, and on flights of all-cargo air transportation.", "id": "HAF8512C55741401EB7A249E4EFAA0081", "header": "Flights of foreign air carriers and charter and all-cargo air transportation", "nested": [], "links": [ { "text": "Section 44917(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/49/44917" } ] }, { "text": "(b) Limitation on landing and takeoff rights of foreign air carriers \n(1) In general \nNo flight of a foreign air carrier may land in or take off from any airport in the United States unless such flight has on board a Federal air marshal or an equivalent officer of the government of the foreign country under the laws of which the foreign air carrier is organized if the Secretary of Homeland Security requests the presence of such marshal or officer on such flight. (2) Enforcement \nThe Secretary of Homeland Security shall take such action as may be necessary to ensure compliance with this section and actions taken under this section. (3) Definitions \nIn this subsection, the terms foreign air carrier , airport , and United States have the meaning such terms have in section 40102 of title 49, United States Code.", "id": "HC325D3B794C0434D83C90098F3A3CD58", "header": "Limitation on landing and takeoff rights of foreign air carriers", "nested": [], "links": [ { "text": "section 40102", "legal-doc": "usc", "parsable-cite": "usc/49/40102" } ] } ], "links": [ { "text": "Section 44917(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/49/44917" }, { "text": "section 40102", "legal-doc": "usc", "parsable-cite": "usc/49/40102" } ] }, { "text": "4. Improved aviation security \nSubtitle A of title IV of the Homeland Security Act of 2002 ( 2 U.S.C. 601 et seq. ) is further amended by adding at the end the following: 405. Improved aviation security \n(a) Improved communication systems \n(1) In general \nNot later than one year after the date of enactment of this section, the Secretary shall require all flight crews of air carriers (as such term is defined in section 40102 of title 49, United States Code) to have improved communication systems for providing flight attendants with a discreet, secure, hands-free, wireless method of communicating with pilots that meet such standards as the Secretary may establish by regulation. The communication system for any flight must be accessible by any Federal air marshal on the flight and appropriate Government security officials and airline personnel. (2) Regulations \nThe Secretary shall issue regulations to carry out this subsection not later than the 90th day following the date of enactment of this section. (3) Revision \nThe Secretary may revise the standards established under this subsection, and the regulations issued to carry out this subsection, to reflect improvements in technology and changes in terrorist tactics. (b) Bilateral and multilateral agreements to strengthen security \n(1) In general \nThe Secretary shall develop a plan to improve coordination between the Department and agencies and departments of foreign governments that are such governments’ counterparts to the Department in the area of aviation security. The plan shall include, at a minimum, development of air marshal programs for foreign governments and the provision of and technical assistance in the formulation of strategies to limit access to sensitive areas of airports to authorized individuals. (2) Reports \nThe Secretary shall transmit to Congress annually for the first 5 years following the date of enactment of this section a report on the implementation of the plan developed pursuant to this subsection. (c) Comprehensive preflight screening \n(1) In general \nNot later than 180 days after the date of enactment of this section, the Secretary shall issue regulations to improve preflight screening of passenger aircraft for dangerous objects and training of screeners of passenger aircraft and to reduce the time between preflight screening and the departure time for a flight. (2) Specific requirements \nThe regulations shall require individuals who perform the preflight security sweeps through the passenger cabin and lavatories of passenger aircraft and who are not members of the flight or cabin crew to be physically screened for metallic objects, have their personal bags inspected for prohibited items such as chemical, biological, radiological, or nuclear materials, be subject to criminal history background checks, social security checks, and checks against all terrorist watch lists maintained by the Government. (3) Study \n(A) In general \nThe Secretary shall conduct a study on the potential security vulnerabilities created by the use of nonflight crew members to conduct preflight inspections, to assess the current training provided to individuals who perform these inspections, and to identify areas for improvement in such inspections and training and make recommendations regarding improving such inspections and training. (B) Report \nNot later than 180 days after the date of enactment of this section, the Secretary shall transmit to Congress a report on the results of the study. (d) Flight attendant training \n(1) Training requirements \nThe Secretary, in consultation with the Administrator of the Federal Aviation Administration, shall issue a rule to— (A) require both classroom and effective hands-on situational training for flight attendants of air carriers in the following elements of self defense: (i) recognizing suspicious activities and determining the seriousness of an occurrence; (ii) deterring a passenger who might present a problem; (iii) crew communication and coordination; (iv) the proper commands to give to passengers and attackers; (v) methods to subdue and restrain an attacker; (vi) use of available items aboard the aircraft for self-defense; (vii) appropriate and effective responses to defend oneself, including the use of force against an attacker; (viii) use of protective devices assigned to crew members (to the extent such devices are approved by the Administrator or Secretary); (ix) the psychology of terrorists to cope with their behavior and passenger responses to that behavior; and (x) how to respond to aircraft maneuvers that may be authorized to defend against an act of criminal violence or air piracy; (B) require training of such flight attendants in the proper conduct of a cabin search, including the duty time required to conduct the search; (C) establish the required number of hours of training of such flight attendants and the qualifications for the training instructors; (D) establish the intervals, number of hours, and elements of recurrent training of such flight attendants; and (E) ensure that air carriers provide the initial training required by this paragraph within 12 months of the date of enactment of this section. (2) Responsibility of secretary \n(A) Consultation \nIn developing the rule under paragraph (1), the Secretary shall consult with appropriate personnel in the Emergency Preparedness and Response Directorate of the Department of Homeland Security and with law enforcement personnel and security experts who have expertise in self-defense training, terrorism experts, and representatives of air carriers, the provider of self-defense training for Federal air marshals, flight attendants, labor organizations representing flight attendants, and educational institutions offering law enforcement training programs. (B) Designation of official \nThe Secretary shall designate an official in the Department to be responsible for overseeing the implementation of the training program under this subsection. (C) Necessary resources and knowledge \nThe Secretary shall ensure that employees of the Department responsible for monitoring the training program under this subsection have the necessary resources and knowledge. (e) Social security check defined \nIn this section and section 406, the term social security check means a check on the validity of the social security number of an individual and a verification that the number is assigned to the individual..", "id": "H09D206802CBD436890562EFE3937C21", "header": "Improved aviation security", "nested": [], "links": [ { "text": "2 U.S.C. 601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/2/601" }, { "text": "section 40102", "legal-doc": "usc", "parsable-cite": "usc/49/40102" } ] }, { "text": "405. Improved aviation security \n(a) Improved communication systems \n(1) In general \nNot later than one year after the date of enactment of this section, the Secretary shall require all flight crews of air carriers (as such term is defined in section 40102 of title 49, United States Code) to have improved communication systems for providing flight attendants with a discreet, secure, hands-free, wireless method of communicating with pilots that meet such standards as the Secretary may establish by regulation. The communication system for any flight must be accessible by any Federal air marshal on the flight and appropriate Government security officials and airline personnel. (2) Regulations \nThe Secretary shall issue regulations to carry out this subsection not later than the 90th day following the date of enactment of this section. (3) Revision \nThe Secretary may revise the standards established under this subsection, and the regulations issued to carry out this subsection, to reflect improvements in technology and changes in terrorist tactics. (b) Bilateral and multilateral agreements to strengthen security \n(1) In general \nThe Secretary shall develop a plan to improve coordination between the Department and agencies and departments of foreign governments that are such governments’ counterparts to the Department in the area of aviation security. The plan shall include, at a minimum, development of air marshal programs for foreign governments and the provision of and technical assistance in the formulation of strategies to limit access to sensitive areas of airports to authorized individuals. (2) Reports \nThe Secretary shall transmit to Congress annually for the first 5 years following the date of enactment of this section a report on the implementation of the plan developed pursuant to this subsection. (c) Comprehensive preflight screening \n(1) In general \nNot later than 180 days after the date of enactment of this section, the Secretary shall issue regulations to improve preflight screening of passenger aircraft for dangerous objects and training of screeners of passenger aircraft and to reduce the time between preflight screening and the departure time for a flight. (2) Specific requirements \nThe regulations shall require individuals who perform the preflight security sweeps through the passenger cabin and lavatories of passenger aircraft and who are not members of the flight or cabin crew to be physically screened for metallic objects, have their personal bags inspected for prohibited items such as chemical, biological, radiological, or nuclear materials, be subject to criminal history background checks, social security checks, and checks against all terrorist watch lists maintained by the Government. (3) Study \n(A) In general \nThe Secretary shall conduct a study on the potential security vulnerabilities created by the use of nonflight crew members to conduct preflight inspections, to assess the current training provided to individuals who perform these inspections, and to identify areas for improvement in such inspections and training and make recommendations regarding improving such inspections and training. (B) Report \nNot later than 180 days after the date of enactment of this section, the Secretary shall transmit to Congress a report on the results of the study. (d) Flight attendant training \n(1) Training requirements \nThe Secretary, in consultation with the Administrator of the Federal Aviation Administration, shall issue a rule to— (A) require both classroom and effective hands-on situational training for flight attendants of air carriers in the following elements of self defense: (i) recognizing suspicious activities and determining the seriousness of an occurrence; (ii) deterring a passenger who might present a problem; (iii) crew communication and coordination; (iv) the proper commands to give to passengers and attackers; (v) methods to subdue and restrain an attacker; (vi) use of available items aboard the aircraft for self-defense; (vii) appropriate and effective responses to defend oneself, including the use of force against an attacker; (viii) use of protective devices assigned to crew members (to the extent such devices are approved by the Administrator or Secretary); (ix) the psychology of terrorists to cope with their behavior and passenger responses to that behavior; and (x) how to respond to aircraft maneuvers that may be authorized to defend against an act of criminal violence or air piracy; (B) require training of such flight attendants in the proper conduct of a cabin search, including the duty time required to conduct the search; (C) establish the required number of hours of training of such flight attendants and the qualifications for the training instructors; (D) establish the intervals, number of hours, and elements of recurrent training of such flight attendants; and (E) ensure that air carriers provide the initial training required by this paragraph within 12 months of the date of enactment of this section. (2) Responsibility of secretary \n(A) Consultation \nIn developing the rule under paragraph (1), the Secretary shall consult with appropriate personnel in the Emergency Preparedness and Response Directorate of the Department of Homeland Security and with law enforcement personnel and security experts who have expertise in self-defense training, terrorism experts, and representatives of air carriers, the provider of self-defense training for Federal air marshals, flight attendants, labor organizations representing flight attendants, and educational institutions offering law enforcement training programs. (B) Designation of official \nThe Secretary shall designate an official in the Department to be responsible for overseeing the implementation of the training program under this subsection. (C) Necessary resources and knowledge \nThe Secretary shall ensure that employees of the Department responsible for monitoring the training program under this subsection have the necessary resources and knowledge. (e) Social security check defined \nIn this section and section 406, the term social security check means a check on the validity of the social security number of an individual and a verification that the number is assigned to the individual.", "id": "HD890A189494D4A0EA2449600473199B", "header": "Improved aviation security", "nested": [ { "text": "(a) Improved communication systems \n(1) In general \nNot later than one year after the date of enactment of this section, the Secretary shall require all flight crews of air carriers (as such term is defined in section 40102 of title 49, United States Code) to have improved communication systems for providing flight attendants with a discreet, secure, hands-free, wireless method of communicating with pilots that meet such standards as the Secretary may establish by regulation. The communication system for any flight must be accessible by any Federal air marshal on the flight and appropriate Government security officials and airline personnel. (2) Regulations \nThe Secretary shall issue regulations to carry out this subsection not later than the 90th day following the date of enactment of this section. (3) Revision \nThe Secretary may revise the standards established under this subsection, and the regulations issued to carry out this subsection, to reflect improvements in technology and changes in terrorist tactics.", "id": "H93656060741F470799AA0042A7D1B410", "header": "Improved communication systems", "nested": [], "links": [ { "text": "section 40102", "legal-doc": "usc", "parsable-cite": "usc/49/40102" } ] }, { "text": "(b) Bilateral and multilateral agreements to strengthen security \n(1) In general \nThe Secretary shall develop a plan to improve coordination between the Department and agencies and departments of foreign governments that are such governments’ counterparts to the Department in the area of aviation security. The plan shall include, at a minimum, development of air marshal programs for foreign governments and the provision of and technical assistance in the formulation of strategies to limit access to sensitive areas of airports to authorized individuals. (2) Reports \nThe Secretary shall transmit to Congress annually for the first 5 years following the date of enactment of this section a report on the implementation of the plan developed pursuant to this subsection.", "id": "H373B3C323D864BFAABED1BBF0007EE66", "header": "Bilateral and multilateral agreements to strengthen security", "nested": [], "links": [] }, { "text": "(c) Comprehensive preflight screening \n(1) In general \nNot later than 180 days after the date of enactment of this section, the Secretary shall issue regulations to improve preflight screening of passenger aircraft for dangerous objects and training of screeners of passenger aircraft and to reduce the time between preflight screening and the departure time for a flight. (2) Specific requirements \nThe regulations shall require individuals who perform the preflight security sweeps through the passenger cabin and lavatories of passenger aircraft and who are not members of the flight or cabin crew to be physically screened for metallic objects, have their personal bags inspected for prohibited items such as chemical, biological, radiological, or nuclear materials, be subject to criminal history background checks, social security checks, and checks against all terrorist watch lists maintained by the Government. (3) Study \n(A) In general \nThe Secretary shall conduct a study on the potential security vulnerabilities created by the use of nonflight crew members to conduct preflight inspections, to assess the current training provided to individuals who perform these inspections, and to identify areas for improvement in such inspections and training and make recommendations regarding improving such inspections and training. (B) Report \nNot later than 180 days after the date of enactment of this section, the Secretary shall transmit to Congress a report on the results of the study.", "id": "HCF47B4477F564C5EBD92AC3DEE983D4B", "header": "Comprehensive preflight screening", "nested": [], "links": [] }, { "text": "(d) Flight attendant training \n(1) Training requirements \nThe Secretary, in consultation with the Administrator of the Federal Aviation Administration, shall issue a rule to— (A) require both classroom and effective hands-on situational training for flight attendants of air carriers in the following elements of self defense: (i) recognizing suspicious activities and determining the seriousness of an occurrence; (ii) deterring a passenger who might present a problem; (iii) crew communication and coordination; (iv) the proper commands to give to passengers and attackers; (v) methods to subdue and restrain an attacker; (vi) use of available items aboard the aircraft for self-defense; (vii) appropriate and effective responses to defend oneself, including the use of force against an attacker; (viii) use of protective devices assigned to crew members (to the extent such devices are approved by the Administrator or Secretary); (ix) the psychology of terrorists to cope with their behavior and passenger responses to that behavior; and (x) how to respond to aircraft maneuvers that may be authorized to defend against an act of criminal violence or air piracy; (B) require training of such flight attendants in the proper conduct of a cabin search, including the duty time required to conduct the search; (C) establish the required number of hours of training of such flight attendants and the qualifications for the training instructors; (D) establish the intervals, number of hours, and elements of recurrent training of such flight attendants; and (E) ensure that air carriers provide the initial training required by this paragraph within 12 months of the date of enactment of this section. (2) Responsibility of secretary \n(A) Consultation \nIn developing the rule under paragraph (1), the Secretary shall consult with appropriate personnel in the Emergency Preparedness and Response Directorate of the Department of Homeland Security and with law enforcement personnel and security experts who have expertise in self-defense training, terrorism experts, and representatives of air carriers, the provider of self-defense training for Federal air marshals, flight attendants, labor organizations representing flight attendants, and educational institutions offering law enforcement training programs. (B) Designation of official \nThe Secretary shall designate an official in the Department to be responsible for overseeing the implementation of the training program under this subsection. (C) Necessary resources and knowledge \nThe Secretary shall ensure that employees of the Department responsible for monitoring the training program under this subsection have the necessary resources and knowledge.", "id": "H6C231FE0CC924D679122EFBC186F93B0", "header": "Flight attendant training", "nested": [], "links": [] }, { "text": "(e) Social security check defined \nIn this section and section 406, the term social security check means a check on the validity of the social security number of an individual and a verification that the number is assigned to the individual.", "id": "HFCF97519D85749BA86B8CFD17638DA7B", "header": "Social security check defined", "nested": [], "links": [] } ], "links": [ { "text": "section 40102", "legal-doc": "usc", "parsable-cite": "usc/49/40102" } ] }, { "text": "5. Control over access to secured areas of airports \n(a) Airport perimeter access security \nSubtitle A of title IV of the Homeland Security Act of 2002 ( 6 U.S.C. 201 et seq. ) is further amended by adding at the end the following: 406. Access security \n(a) Airport perimeter \nNot later than 180 days after the date of the enactment of this section, the Secretary shall issue regulations to improve control over access to the secured area of each airport in the United States described in section 44903(c) of title 49, United States Code. (b) Background checks for all airport workers \nIndividuals employed in, or applying for, positions described in section 44936 of title 49, United States Code, and positions as aircraft maintenance and catering personnel, aircraft cargo handlers, and aircraft support facilities personnel whether having escorted or unescorted access to aircraft or secured areas of airports, shall be subject to a social security check and a check against all terrorist watch lists maintained by the Government in addition to the background checks required under such section.. (b) Screening of airport workers using metal detectors \nSection 44903(h)(4)(B) of title 49, United States Code, is amended by inserting before the semicolon at the end the following: , including, at a minimum requiring such individuals to be physically screened for metallic objects and to have their personal bags inspected for prohibited items such as chemical, biological, radiological or nuclear materials.", "id": "HBE5130B2D16B488ABBB44C2B913DE11E", "header": "Control over access to secured areas of airports", "nested": [ { "text": "(a) Airport perimeter access security \nSubtitle A of title IV of the Homeland Security Act of 2002 ( 6 U.S.C. 201 et seq. ) is further amended by adding at the end the following: 406. Access security \n(a) Airport perimeter \nNot later than 180 days after the date of the enactment of this section, the Secretary shall issue regulations to improve control over access to the secured area of each airport in the United States described in section 44903(c) of title 49, United States Code. (b) Background checks for all airport workers \nIndividuals employed in, or applying for, positions described in section 44936 of title 49, United States Code, and positions as aircraft maintenance and catering personnel, aircraft cargo handlers, and aircraft support facilities personnel whether having escorted or unescorted access to aircraft or secured areas of airports, shall be subject to a social security check and a check against all terrorist watch lists maintained by the Government in addition to the background checks required under such section..", "id": "HDCA85B1A92D94C82A7E5D9E9813EBA", "header": "Airport perimeter access security", "nested": [], "links": [ { "text": "6 U.S.C. 201 et seq.", "legal-doc": "usc", "parsable-cite": "usc/6/201" }, { "text": "section 44903(c)", "legal-doc": "usc", "parsable-cite": "usc/49/44903" }, { "text": "section 44936", "legal-doc": "usc", "parsable-cite": "usc/49/44936" } ] }, { "text": "(b) Screening of airport workers using metal detectors \nSection 44903(h)(4)(B) of title 49, United States Code, is amended by inserting before the semicolon at the end the following: , including, at a minimum requiring such individuals to be physically screened for metallic objects and to have their personal bags inspected for prohibited items such as chemical, biological, radiological or nuclear materials.", "id": "H3E08979ED1874E349DA91815EABECDF4", "header": "Screening of airport workers using metal detectors", "nested": [], "links": [ { "text": "Section 44903(h)(4)(B)", "legal-doc": "usc", "parsable-cite": "usc/49/44903" } ] } ], "links": [ { "text": "6 U.S.C. 201 et seq.", "legal-doc": "usc", "parsable-cite": "usc/6/201" }, { "text": "section 44903(c)", "legal-doc": "usc", "parsable-cite": "usc/49/44903" }, { "text": "section 44936", "legal-doc": "usc", "parsable-cite": "usc/49/44936" }, { "text": "Section 44903(h)(4)(B)", "legal-doc": "usc", "parsable-cite": "usc/49/44903" } ] }, { "text": "406. Access security \n(a) Airport perimeter \nNot later than 180 days after the date of the enactment of this section, the Secretary shall issue regulations to improve control over access to the secured area of each airport in the United States described in section 44903(c) of title 49, United States Code. (b) Background checks for all airport workers \nIndividuals employed in, or applying for, positions described in section 44936 of title 49, United States Code, and positions as aircraft maintenance and catering personnel, aircraft cargo handlers, and aircraft support facilities personnel whether having escorted or unescorted access to aircraft or secured areas of airports, shall be subject to a social security check and a check against all terrorist watch lists maintained by the Government in addition to the background checks required under such section.", "id": "H19655A16011144CA8D027D0968025FF1", "header": "Access security", "nested": [ { "text": "(a) Airport perimeter \nNot later than 180 days after the date of the enactment of this section, the Secretary shall issue regulations to improve control over access to the secured area of each airport in the United States described in section 44903(c) of title 49, United States Code.", "id": "H99EE9DCAAC934613B563B3DAC9148FEF", "header": "Airport perimeter", "nested": [], "links": [ { "text": "section 44903(c)", "legal-doc": "usc", "parsable-cite": "usc/49/44903" } ] }, { "text": "(b) Background checks for all airport workers \nIndividuals employed in, or applying for, positions described in section 44936 of title 49, United States Code, and positions as aircraft maintenance and catering personnel, aircraft cargo handlers, and aircraft support facilities personnel whether having escorted or unescorted access to aircraft or secured areas of airports, shall be subject to a social security check and a check against all terrorist watch lists maintained by the Government in addition to the background checks required under such section.", "id": "HA073D34FAB05438BB2718E8496003338", "header": "Background checks for all airport workers", "nested": [], "links": [ { "text": "section 44936", "legal-doc": "usc", "parsable-cite": "usc/49/44936" } ] } ], "links": [ { "text": "section 44903(c)", "legal-doc": "usc", "parsable-cite": "usc/49/44903" }, { "text": "section 44936", "legal-doc": "usc", "parsable-cite": "usc/49/44936" } ] }, { "text": "6. Aircraft maneuvers \n(a) Training \nNot later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall issue regulations to carry out section 44918 of title 49, United States Code, by requiring air carriers— (1) to provide pilots with training in flight deck procedures, aircraft maneuvers, and best practice to defend their aircraft; (2) to provide cabin crew members with training in flight deck communication procedures and the appropriate responses to such procedures and maneuvers; (3) to provide, in conjunction with and law enforcement authorities as appropriate, crew members with training in procedures for communicating and coordinating effectively with Federal air marshals and law enforcement officers during attempts to disrupt the normal operation of the aircraft; and (4) to provide pilots with training in flight deck procedures, aircraft maneuvers and best practices that enable pilots to respond if the aircraft is struck by a surface-to-air missile in a manner that increases the likelihood that the pilots will be capable of safely landing the aircraft. (b) Development and components of pilot training \nThe training under subsection (a)(4) shall be developed in consultation with organizations that have expertise in the area of pilot training and shall include components that simulate the complete failure of the aircraft's hydraulic system and loss of normal flight controls. (c) Matters to consider in providing training \nTraining under this section shall be provided taking into account both the benefit that such procedures and maneuvers can provide to thwart terrorists who are on board aircraft and the potential safety risks to passengers and crew, as well as structural damage to aircraft, that may be associated with such procedures and maneuvers. (d) Effective date of regulations \nThe regulations under this section shall take effect not later than the 365th day following the date of enactment of this Act.", "id": "H0E6AC6CA531F44E1B7A74106ECBB3178", "header": "Aircraft maneuvers", "nested": [ { "text": "(a) Training \nNot later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall issue regulations to carry out section 44918 of title 49, United States Code, by requiring air carriers— (1) to provide pilots with training in flight deck procedures, aircraft maneuvers, and best practice to defend their aircraft; (2) to provide cabin crew members with training in flight deck communication procedures and the appropriate responses to such procedures and maneuvers; (3) to provide, in conjunction with and law enforcement authorities as appropriate, crew members with training in procedures for communicating and coordinating effectively with Federal air marshals and law enforcement officers during attempts to disrupt the normal operation of the aircraft; and (4) to provide pilots with training in flight deck procedures, aircraft maneuvers and best practices that enable pilots to respond if the aircraft is struck by a surface-to-air missile in a manner that increases the likelihood that the pilots will be capable of safely landing the aircraft.", "id": "HA849010A11644E92AF02C443934E3BAE", "header": "Training", "nested": [], "links": [ { "text": "section 44918", "legal-doc": "usc", "parsable-cite": "usc/49/44918" } ] }, { "text": "(b) Development and components of pilot training \nThe training under subsection (a)(4) shall be developed in consultation with organizations that have expertise in the area of pilot training and shall include components that simulate the complete failure of the aircraft's hydraulic system and loss of normal flight controls.", "id": "H07B18A5A6840421EB131B26BF4DE003F", "header": "Development and components of pilot training", "nested": [], "links": [] }, { "text": "(c) Matters to consider in providing training \nTraining under this section shall be provided taking into account both the benefit that such procedures and maneuvers can provide to thwart terrorists who are on board aircraft and the potential safety risks to passengers and crew, as well as structural damage to aircraft, that may be associated with such procedures and maneuvers.", "id": "HDF9DE3CC78114886A55BDDAF5E1C8500", "header": "Matters to consider in providing training", "nested": [], "links": [] }, { "text": "(d) Effective date of regulations \nThe regulations under this section shall take effect not later than the 365th day following the date of enactment of this Act.", "id": "H7BC2C8823441446BBF76B4D31DC78C9", "header": "Effective date of regulations", "nested": [], "links": [] } ], "links": [ { "text": "section 44918", "legal-doc": "usc", "parsable-cite": "usc/49/44918" } ] }, { "text": "7. Securing cockpit doors \nSubtitle A of title IV of the Homeland Security Act of 2002 ( 6 U.S.C. 201 et seq. ) is further amended by adding at the end the following: 407. Securing cockpit doors \n(a) Cargo aircraft \nNot later than 180 days after the date of enactment of this section, the Secretary shall— (1) issue an order— (A) requiring any aircraft engaged in cargo air transportation or intrastate air transportation to have, not later than one year after the date of issuance of such order, a door (and surrounding partition) between the cargo and pilot compartments that can be locked and cannot be forced open from the cargo compartment; (B) prohibiting access to the flight deck of aircraft engaged in cargo air transportation or intrastate air transportation, except by authorized persons; and (C) requiring that such flight deck doors remain locked while any such aircraft is in flight except when necessary to permit access and egress by authorized persons; and (2) take such other action, including modification of safety and security procedures and flight deck redesign, as may be necessary to ensure the safety and security of the aircraft. (b) Passenger aircraft \nThe Secretary shall issue an order to modify requirements imposed pursuant to section 104 of the Aviation and Transportation Security Act ( 49 U.S.C. 44903 note; 115 Stat. 605) to ensure that the wall surrounding the flight deck door on any aircraft engaged in passenger air transportation or intrastate air transportation is sufficient to secure the cockpit. (c) Grants \nThe Secretary may make grants or other agreements with air carriers (including intrastate air carriers) to assist such carriers in complying with the orders issued under this section. (d) Authorization of Appropriations \nThere are authorized to be appropriated such sums as may be necessary to carry out this section..", "id": "HF9F80540F675453C00B1EB99AC58765F", "header": "Securing cockpit doors", "nested": [], "links": [ { "text": "6 U.S.C. 201 et seq.", "legal-doc": "usc", "parsable-cite": "usc/6/201" }, { "text": "49 U.S.C. 44903", "legal-doc": "usc", "parsable-cite": "usc/49/44903" } ] }, { "text": "407. Securing cockpit doors", "id": "H1354AB0937F14E08BBCEF2ECCA096002", "header": "Securing cockpit doors", "nested": [], "links": [] }, { "text": "8. Security requirements for general aviation \n(a) No fly zones \nThe Secretary of Homeland Security— (1) shall establish for the duration of any high threat level announced by the Secretary (including announcements of code orange or above), and (2) may establish for the duration of any other threat level that is announced by the Secretary and that the Secretary determines appropriate, no fly zones around sensitive nuclear facilities, chemical facilities identified by the Administrator of the Environmental Protection Agency at which a release of the facility's hazardous materials could threaten the health of more than 1,000,000 people, and any other facilities the Secretary may designate. (b) Vulnerability assessments \nThe Secretary shall— (1) require the operators of airports that serve general aviation aircraft and landing facilities for such aircraft to complete vulnerability assessments developed by the Secretary for evaluation of the physical security of such airports and facilities and of procedures, infrastructure, and resources used with respect to such airports and facilities; and (2) develop a plan for addressing vulnerabilities identified by such assessments not later than the 365th day following the date of enactment of this Act. (c) Sensitive nuclear facility \nIn this section, the term sensitive nuclear facility means— (1) a commercial nuclear power plant and associated spent fuel storage facility; (2) a decommissioned nuclear power plant and associated spent fuel storage facility; (3) a category I fuel cycle facility; (4) a gaseous diffusion plant; and (5) a Department of Energy nuclear weapons materials production, processing, storage, or research facility.", "id": "H19DD09CDE8F84A34AA44A851DE0684F", "header": "Security requirements for general aviation", "nested": [ { "text": "(a) No fly zones \nThe Secretary of Homeland Security— (1) shall establish for the duration of any high threat level announced by the Secretary (including announcements of code orange or above), and (2) may establish for the duration of any other threat level that is announced by the Secretary and that the Secretary determines appropriate, no fly zones around sensitive nuclear facilities, chemical facilities identified by the Administrator of the Environmental Protection Agency at which a release of the facility's hazardous materials could threaten the health of more than 1,000,000 people, and any other facilities the Secretary may designate.", "id": "H8E7F39C7BE194CD9A799E3DAB7A1026F", "header": "No fly zones", "nested": [], "links": [] }, { "text": "(b) Vulnerability assessments \nThe Secretary shall— (1) require the operators of airports that serve general aviation aircraft and landing facilities for such aircraft to complete vulnerability assessments developed by the Secretary for evaluation of the physical security of such airports and facilities and of procedures, infrastructure, and resources used with respect to such airports and facilities; and (2) develop a plan for addressing vulnerabilities identified by such assessments not later than the 365th day following the date of enactment of this Act.", "id": "H66AB736491A249AB001E878047065ED1", "header": "Vulnerability assessments", "nested": [], "links": [] }, { "text": "(c) Sensitive nuclear facility \nIn this section, the term sensitive nuclear facility means— (1) a commercial nuclear power plant and associated spent fuel storage facility; (2) a decommissioned nuclear power plant and associated spent fuel storage facility; (3) a category I fuel cycle facility; (4) a gaseous diffusion plant; and (5) a Department of Energy nuclear weapons materials production, processing, storage, or research facility.", "id": "H6D639BF5E8A14062843EF1D938887C3", "header": "Sensitive nuclear facility", "nested": [], "links": [] } ], "links": [] } ]

[ "Transportation and Infrastructure Committee", "Ways and Means Committee" ]

[ { "text": "1. Suspension of duty on 1(3H)-Isobenzofuranone, 3,3-bis(2-methyl-1-octyl-1H-indol-3-yl)- \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: 9902.33.67 1(3H)-Isobenzofuranone, 3,3-bis(2-methyl-1-octyl-1H-indol-3-yl)- (CAS No. 50292-95-0) (provided for in subheading 3204.19.40) Free No Change No Change On or Before 12/31/2007. (b) Effective date \nThe amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "HE9A819FD362B41E691F2CED7F3993CB4", "header": "Suspension of duty on 1(3H)-Isobenzofuranone, 3,3-bis(2-methyl-1-octyl-1H-indol-3-yl)-", "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: 9902.33.67 1(3H)-Isobenzofuranone, 3,3-bis(2-methyl-1-octyl-1H-indol-3-yl)- (CAS No. 50292-95-0) (provided for in subheading 3204.19.40) Free No Change No Change On or Before 12/31/2007.", "id": "H9BED87177BD5454FA0AFA3100A8D3C", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Effective date \nThe amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "H6DBFF21C40384A248ED91C6744832BCB", "header": "Effective date", "nested": [], "links": [] } ], "links": [] } ]

[ "Ways and Means Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Minimum Wage Indexation Act of 2004.", "id": "H4DDB91424D9C44B9B5A7FE4B4BF400D4", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Minimum wage indexation \n(a) In general \nSection 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) ) is amended to read as follows: (1) except as otherwise provided in this section, not less than the following— (A) beginning on the date that is the 60th day after the date of enactment of the Minimum Wage Indexation Act of 2004, $5.85 an hour; (B) beginning on the date that is 365 days after that 60th day, $6.45 an hour; (C) beginning on the date that is 365 days after the date set forth in subparagraph (B), $7.00 an hour; and (D) beginning on the first day of each successive 365-day period commencing after the date set forth in subparagraph (C), $7.00 an hour plus an increase determined by the Secretary to be in proportion to the increase in the Consumer Price Index for all urban consumers for the period between the date referred to in subparagraph (C) and the first day of each such 365-day period;. (b) Effective date \nThe amendment made by subsection (a) shall take effect 60 days after the date of enactment of this Act.", "id": "H04CF474B7AD24B069D9F431EAFDB4C7C", "header": "Minimum wage indexation", "nested": [ { "text": "(a) In general \nSection 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) ) is amended to read as follows: (1) except as otherwise provided in this section, not less than the following— (A) beginning on the date that is the 60th day after the date of enactment of the Minimum Wage Indexation Act of 2004, $5.85 an hour; (B) beginning on the date that is 365 days after that 60th day, $6.45 an hour; (C) beginning on the date that is 365 days after the date set forth in subparagraph (B), $7.00 an hour; and (D) beginning on the first day of each successive 365-day period commencing after the date set forth in subparagraph (C), $7.00 an hour plus an increase determined by the Secretary to be in proportion to the increase in the Consumer Price Index for all urban consumers for the period between the date referred to in subparagraph (C) and the first day of each such 365-day period;.", "id": "H9F817D33DF9A4DC98654A66E005816E7", "header": "In general", "nested": [], "links": [ { "text": "29 U.S.C. 206(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/29/206" } ] }, { "text": "(b) Effective date \nThe amendment made by subsection (a) shall take effect 60 days after the date of enactment of this Act.", "id": "HBE1C52AD2FDF40F38F33A73620FFF85F", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "29 U.S.C. 206(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/29/206" } ] } ]

[ "Education and the Workforce Committee" ]

[ { "text": "1. Proper development of Federal lands in Clark County, Nevada \n(a) Findings \nCongress makes the following findings: (1) In 1992, the Bureau of Land Management and Clark County, Nevada, entered into an Interim Cooperative Management Agreement to coordinate in the disposal and management of Federal lands and areas affected by aircraft noise. (2) The Agreement restricts development of those Federal lands in the affected area generally known as the airport overlay district to certain compatible uses. Those compatible uses do not include transient lodging. (3) The Southern Nevada Public Land Management Act of 1998 ( 31 U.S.C. 6901 note) provides for the transfer of Federal lands in the airport overlay district to Clark County, Nevada, but limits Clark County’s ability to sell, lease, or convey those lands for uses that are deemed incompatible uses under the Agreement. (4) The restrictions on incompatible uses in the airport overlay district only apply to those publicly owned lands governed by the Southern Nevada Public Land Management Act of 1998. Uses that are deemed incompatible for public lands can and do frequently occur in the airport overlay district on privately owned lands, and can even directly abut those Federal lands governed by the Agreement where incompatible uses are prohibited. (5) The restrictions on certain uses by the Southern Nevada Public Land Management Act of 1998 diminish the revenues that the public receives from the sale, lease, or conveyance of public lands in the airport overlay district by prohibiting incompatible uses, even though those uses may, considering the uses of surrounding privately owned property, be the most appropriate and beneficial use. (6) The public interest would better be served by allowing some incompatible uses in the airport overlay area where the public lands are sufficiently surrounded by private property that is being put to uses that are also deemed incompatible uses under the Agreement. (7) The public benefits because it will earn greater revenue from allowing certain uses that are incompatible under the Agreement, but which, under the circumstances, do not materially contribute to problems of noise pollution since surrounding properties are already being put to such incompatible uses. (8) Currently, the public is not realizing the best return because the revenue generating capacity of these public lands is diminished by the restrictions on incompatible uses, but the purpose of such restrictions, alleviating noise pollution, is not materially advanced since incompatible uses are allowed on the neighboring privately owned properties. (9) There are existing hotel properties (transient lodging) on 3 sides of the subject property as follows: on the west side 3 new hotels have just been completed; on the north side there is an existing hotel and a convention center; and on the east side there are 3 older hotels. (10) Because of the unique circumstances of the property, allowance of the nonconforming use of transient lodging is in the public interest by allowing the public to benefit from a higher revenue generating use of the property without materially contributing to the problem of noise pollution which the Agreement and the Southern Nevada Public Land Management Act of 1998 seek to diminish. (b) Purposes \nThe purpose of this section is to facilitate the public's most beneficial use of public lands in a manner consistent with the purposes and objectives of the Agreement and the Southern Nevada Public Land Management Act of 1998. (c) Permitted uses \nNotwithstanding section 4(g)(3) of the Southern Nevada Public Land Management Act of 1998 (112 Stat. 2346), Clark County may sell, lease, or otherwise convey the property and allow the nonconforming use of transient lodging on the property. (d) Definitions \nFor the purposes of this section, the following definitions apply: (1) Agreement \nThe term Agreement means the agreement referred to in section 1(a)(1). (2) Property \nThe term property means the parcel of Clark County Department of Aviation land consisting of approximately 11.404 acres located in the north half (N ½) of the northeast quarter (NE ¼) of section 32, township 21 south, range 61 east, Mountain Diablo Base and Meridian, Clark County, Nevada.", "id": "HDF17FCF43E28421E8C59B1C13900F2A9", "header": "Proper development of Federal lands in Clark County, Nevada", "nested": [ { "text": "(a) Findings \nCongress makes the following findings: (1) In 1992, the Bureau of Land Management and Clark County, Nevada, entered into an Interim Cooperative Management Agreement to coordinate in the disposal and management of Federal lands and areas affected by aircraft noise. (2) The Agreement restricts development of those Federal lands in the affected area generally known as the airport overlay district to certain compatible uses. Those compatible uses do not include transient lodging. (3) The Southern Nevada Public Land Management Act of 1998 ( 31 U.S.C. 6901 note) provides for the transfer of Federal lands in the airport overlay district to Clark County, Nevada, but limits Clark County’s ability to sell, lease, or convey those lands for uses that are deemed incompatible uses under the Agreement. (4) The restrictions on incompatible uses in the airport overlay district only apply to those publicly owned lands governed by the Southern Nevada Public Land Management Act of 1998. Uses that are deemed incompatible for public lands can and do frequently occur in the airport overlay district on privately owned lands, and can even directly abut those Federal lands governed by the Agreement where incompatible uses are prohibited. (5) The restrictions on certain uses by the Southern Nevada Public Land Management Act of 1998 diminish the revenues that the public receives from the sale, lease, or conveyance of public lands in the airport overlay district by prohibiting incompatible uses, even though those uses may, considering the uses of surrounding privately owned property, be the most appropriate and beneficial use. (6) The public interest would better be served by allowing some incompatible uses in the airport overlay area where the public lands are sufficiently surrounded by private property that is being put to uses that are also deemed incompatible uses under the Agreement. (7) The public benefits because it will earn greater revenue from allowing certain uses that are incompatible under the Agreement, but which, under the circumstances, do not materially contribute to problems of noise pollution since surrounding properties are already being put to such incompatible uses. (8) Currently, the public is not realizing the best return because the revenue generating capacity of these public lands is diminished by the restrictions on incompatible uses, but the purpose of such restrictions, alleviating noise pollution, is not materially advanced since incompatible uses are allowed on the neighboring privately owned properties. (9) There are existing hotel properties (transient lodging) on 3 sides of the subject property as follows: on the west side 3 new hotels have just been completed; on the north side there is an existing hotel and a convention center; and on the east side there are 3 older hotels. (10) Because of the unique circumstances of the property, allowance of the nonconforming use of transient lodging is in the public interest by allowing the public to benefit from a higher revenue generating use of the property without materially contributing to the problem of noise pollution which the Agreement and the Southern Nevada Public Land Management Act of 1998 seek to diminish.", "id": "HDB9241D7F7B44CB6803F65DF58E604E6", "header": "Findings", "nested": [], "links": [ { "text": "31 U.S.C. 6901", "legal-doc": "usc", "parsable-cite": "usc/31/6901" } ] }, { "text": "(b) Purposes \nThe purpose of this section is to facilitate the public's most beneficial use of public lands in a manner consistent with the purposes and objectives of the Agreement and the Southern Nevada Public Land Management Act of 1998.", "id": "HAC150E412A3249C687BB73DA9E7ED001", "header": "Purposes", "nested": [], "links": [] }, { "text": "(c) Permitted uses \nNotwithstanding section 4(g)(3) of the Southern Nevada Public Land Management Act of 1998 (112 Stat. 2346), Clark County may sell, lease, or otherwise convey the property and allow the nonconforming use of transient lodging on the property.", "id": "HA10637944E93452C00B0DCD4FB945D9", "header": "Permitted uses", "nested": [], "links": [] }, { "text": "(d) Definitions \nFor the purposes of this section, the following definitions apply: (1) Agreement \nThe term Agreement means the agreement referred to in section 1(a)(1). (2) Property \nThe term property means the parcel of Clark County Department of Aviation land consisting of approximately 11.404 acres located in the north half (N ½) of the northeast quarter (NE ¼) of section 32, township 21 south, range 61 east, Mountain Diablo Base and Meridian, Clark County, Nevada.", "id": "H6D9F749251D4466700E1370346F619D4", "header": "Definitions", "nested": [], "links": [] } ], "links": [ { "text": "31 U.S.C. 6901", "legal-doc": "usc", "parsable-cite": "usc/31/6901" } ] } ]

[ "Natural Resources Committee" ]

[ { "text": "1. Pigment Red 208 \n(a) In general \nHeading 9902.32.27 of the Harmonized Tariff Schedule of the United States is amended by striking 12/31/2002 and inserting 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 January 1, 2003.", "id": "H2873F4F8A35546BE8FCAC8DF98F6596B", "header": "Pigment Red 208", "nested": [ { "text": "(a) In general \nHeading 9902.32.27 of the Harmonized Tariff Schedule of the United States is amended by striking 12/31/2002 and inserting 12/31/2006.", "id": "H4C5179A42DB3473AA58C37EFC5E751E9", "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 January 1, 2003.", "id": "H33AB6AE9F4A841AFA177E9931405257D", "header": "Effective date", "nested": [], "links": [] } ], "links": [] } ]

[ "Ways and Means Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Retirement Security for Life Act of 2004.", "id": "HD2E202E4DC164BAB005E1750A5C68F24", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nThe Congress finds the following: (1) Just over half of all United States workers actively participate in tax-deferred retirement savings plans which are comprised of assets of nearly $5,000,000,000,000. (2) Congress has historically promoted policies that will encourage greater private savings for retirement, but has not devoted the same attention to developing policies that will help people manage the savings once they reach retirement age; (3) Qualified retirement savings plans are the product of such policies and provide Americans with valuable resources for their later years. (4) Non-qualified plans provide an additional retirement benefit. (5) 77,000,000 members of the baby boom generation are approaching retirement age and demographic data indicate that members of this generation can expect to live on average an additional 20 to 30 years after retirement. (6) The commitment of Congress to creating incentives to promote private savings and to manage accumulated savings does not supercede the responsibility of Congress to reduce the national debt and bring the Federal budget back into balance. (7) Failure to address long term savings issues will only serve to increase the strain on Federal programs such as social security, medicare, and medicaid. (8) The national debt and annual budget deficits pose a significant risk not only to national security but also to the long-term solvency of the social security and medicare programs. (9) Encouraging the prudent management of accumulated savings and personal responsibility for retirement income security will reduce the potential financial threat to well-established entitlement programs for senior citizens. (10) The budget impact of this Act will be mitigated through the legislative process so that the enactment of this Act will not add to the $7.2 trillion national debt.", "id": "H842DE3D5CEE64DA1B0F5946B27F660FD", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Exclusion for lifetime annuity payments \n(a) Lifetime annuity payments under annuity contracts \nSubsection (b) of section 72 of the Internal Revenue Code (relating to annuities) is amended by adding at the end thereof the following new paragraph: (5) Exclusion for lifetime annuity payments \n(A) In general \nIn the case of lifetime annuity payments received under one or more annuity contracts in any taxable year, gross income shall not include 50 percent of the portion of lifetime annuity payments otherwise includible (without regard to this paragraph) in gross income under this section. For purposes of the preceding sentence, the amount excludible from gross income in any taxable year shall not exceed $20,000. (B) Cost-of-living adjustment \nIn the case of taxable years beginning after December 31, 2005, the $20,000 amounts in subparagraph (A) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2004 for calendar year 1992 in subparagraph (B) thereof. If any amount as increased under the preceding sentence is not a multiple of $500, such amount shall be rounded to the next lower multiple of $500. (C) Application of paragraph \nSubparagraph (A) shall not apply to— (i) any amount received under an eligible deferred compensation plan (as defined in section 457(b)) or under a qualified retirement plan (as defined in section 4974(c)), (ii) any amount paid under an annuity contract that is received by the beneficiary under the contract— (I) after the death of the annuitant in the case of payments described in subsection (c)(5)(A)(ii)(III), unless the beneficiary is the surviving spouse of the annuitant, or (II) after the death of the annuitant and joint annuitant in the case of payments described in subsection (c)(5)(A)(ii)(IV), unless the beneficiary is the surviving spouse of the last to die of the annuitant and the joint annuitant, or (iii) any annuity contract that is a qualified funding asset (as defined in section 130(d)), but without regard to whether there is a qualified assignment. (D) Investment in the contract \nFor purposes of this section, the investment in the contract shall be determined without regard to this paragraph.. (b) Definitions \nSubsection (c) of section 72 of such Code is amended by adding at the end thereof the following new paragraph: (5) Lifetime annuity payment \n(A) In general \nFor purposes of subsection (b)(5), the term lifetime annuity payment means any amount received as an annuity under any portion of an annuity contract, but only if— (i) the only person (or persons in the case of payments described in subclause (II) or (IV) of clause (ii)) legally entitled (by operation of the contract, a trust, or other legally enforceable means) to receive such amount during the life of the annuitant or joint annuitant is such annuitant or joint annuitant, and (ii) such amount is part of a series of substantially equal periodic payments made not less frequently than annually over— (I) the life of the annuitant, (II) the lives of the annuitant and a joint annuitant, but only if the annuitant is the spouse of the joint annuitant as of the annuity starting date or the difference in age between the annuitant and joint annuitant is 15 years or less, (III) the life of the annuitant with a minimum period of payments or with a minimum amount that must be paid in any event, or (IV) the lives of the annuitant and a joint annuitant with a minimum period of payments or with a minimum amount that must be paid in any event, but only if the annuitant is the spouse of the joint annuitant as of the annuity starting date or the difference in age between the annuitant and joint annuitant is 15 years or less. (iii) Exceptions \nFor purposes of clause (ii), annuity payments shall not fail to be treated as part of a series of substantially equal periodic payments— (I) because the amount of the periodic payments may vary in accordance with investment experience, reallocations among investment options, actuarial gains or losses, cost of living indices, a constant percentage applied not less frequently than annually, or similar fluctuating criteria, (II) due to the existence of, or modification of the duration of, a provision in the contract permitting a lump sum withdrawal after the annuity starting date, or (III) because the period between each such payment is lengthened or shortened, but only if at all times such period is no longer than one calendar year. (B) Annuity contract \nFor purposes of subparagraph (A) and subsections (b)(5) and (w), the term annuity contract means a commercial annuity (as defined by section 3405(e)(6)), other than an endowment or life insurance contract. (C) Minimum period of payments \nFor purposes of subparagraph (A), the term minimum period of payments means a guaranteed term of payments that does not exceed the greater of 10 years or— (i) the life expectancy of the annuitant as of the annuity starting date, in the case of lifetime annuity payments described in subparagraph (A)(ii)(III), or (ii) the life expectancy of the annuitant and joint annuitant as of the annuity starting date, in the case of lifetime annuity payments described in subparagraph (A)(ii)(IV). For purposes of this subparagraph, life expectancy shall be computed with reference to the tables prescribed by the Secretary under paragraph (3). For purposes of subsection (w)(1)(C)(ii), the permissible minimum period of payments shall be determined as of the annuity starting date and reduced by one for each subsequent year. (D) Minimum amount that must be paid in any event \nFor purposes of subparagraph (A), the term minimum amount that must be paid in any event means an amount payable to the designated beneficiary under an annuity contract that is in the nature of a refund and does not exceed the greater of the amount applied to produce the lifetime annuity payments under the contract or the amount, if any, available for withdrawal under the contract on the date of death.. (c) Recapture tax for lifetime annuity payments \nSection 72 of such Code is amended by redesignating subsection (w) as subsection (x) and inserting after subsection (v) the following new subsection (w): (w) Recapture tax for modifications to or reductions in lifetime annuity payments \n(1) In general \nIf any amount received under an annuity contract is excluded from income by reason of subsection (b)(5) (relating to lifetime annuity payments), and— (A) the series of payments under such contract is subsequently modified so any future payments are not lifetime annuity payments, (B) after the date of receipt of the first lifetime annuity payment under the contract an annuitant receives a lump sum and thereafter is to receive annuity payments in a reduced amount under the contract, or (C) after the date of receipt of the first lifetime annuity payment under the contract the dollar amount of any subsequent annuity payment is reduced and a lump sum is not paid in connection with the reduction, unless such reduction is— (i) due to an event described in subsection (c)(5)(A)(iii), or (ii) due to the addition of, or increase in, a minimum period of payments within the meaning of subsection (c)(5)(C) or a minimum amount that must be paid in any event (within the meaning of subsection (c)(5)(D)), then gross income for the first taxable year in which such modification or reduction occurs shall be increased by the recapture amount. (2) Recapture amount \n(A) In general \nFor purposes of this subsection, the recapture amount shall be the amount, determined under rules prescribed by the Secretary, equal to the amount that (but for subsection (b)(5)) would have been includible in the taxpayer’s gross income if the modification or reduction described in paragraph (1) had been in effect at all times, plus interest for the deferral period at the underpayment rate established by section 6621. (B) Deferral period \nFor purposes of this subsection, the term deferral period means the period beginning with the taxable year in which (without regard to subsection (b)(5)) the payment would have been includible in gross income and ending with the taxable year in which the modification described in paragraph (1) occurs. (3) Exceptions to recapture tax \nParagraph (1) shall not apply in the case of any modification or reduction that occurs because an annuitant— (A) dies or becomes disabled (within the meaning of subsection (m)(7)), (B) becomes a chronically ill individual within the meaning of section 7702B(c)(2), or (C) encounters hardship.. (d) Lifetime distributions of life insurance death benefits \n(1) In general \nSubsection (d) of section 101 of such Code (relating to life insurance proceeds) is amended by adding at the end thereof the following new paragraph: (4) Exclusion for lifetime annuity payments \n(A) In general \nIn the case of amounts to which this subsection applies, gross income shall not include the lesser of— (i) 50 percent of the portion of lifetime annuity payments otherwise includible in gross income under this section (determined without regard to this paragraph), or (ii) the amount in effect under section 72(b)(5). (B) Rules of section 72(b)(5) to apply \nFor purposes of this paragraph, rules similar to the rules of section 72(b)(5) and section 72(w) shall apply, substituting the term beneficiary of the life insurance contract for the term annuitant wherever it appears, and substituting the term life insurance contract for the term annuity contract wherever it appears.. (2) Conforming amendment \nParagraph (1) of subsection (d) of section 101 of such Code is amended by adding or paragraph (4) after to the extent not excluded by the preceding sentence. (e) Effective date \n(1) In general \nThe amendments made by this section shall apply to amounts received in calendar years beginning after the date of the enactment of this Act. (2) Special rule for existing contracts \nIn the case of a contract in force on the date of the enactment of this Act that does not satisfy the requirements of section 72(c)(5)(A) of the Internal Revenue Code of 1986 (as added by this section), or requirements similar to such section 72(c)(5)(A) in the case of a life insurance contract), any modification to such contract (including a change in ownership) or to the payments thereunder that is made to satisfy the requirements of such section (or similar requirements) shall not result in the recognition of any gain or loss, any amount being included in gross income, or any addition to tax that otherwise might result from such modification, but only if the modification is completed prior to the date that is 2 years after the date of the enactment of this Act.", "id": "HEAE5E99C6F8442F2957327B3FAE1A3E7", "header": "Exclusion for lifetime annuity payments", "nested": [ { "text": "(a) Lifetime annuity payments under annuity contracts \nSubsection (b) of section 72 of the Internal Revenue Code (relating to annuities) is amended by adding at the end thereof the following new paragraph: (5) Exclusion for lifetime annuity payments \n(A) In general \nIn the case of lifetime annuity payments received under one or more annuity contracts in any taxable year, gross income shall not include 50 percent of the portion of lifetime annuity payments otherwise includible (without regard to this paragraph) in gross income under this section. For purposes of the preceding sentence, the amount excludible from gross income in any taxable year shall not exceed $20,000. (B) Cost-of-living adjustment \nIn the case of taxable years beginning after December 31, 2005, the $20,000 amounts in subparagraph (A) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2004 for calendar year 1992 in subparagraph (B) thereof. If any amount as increased under the preceding sentence is not a multiple of $500, such amount shall be rounded to the next lower multiple of $500. (C) Application of paragraph \nSubparagraph (A) shall not apply to— (i) any amount received under an eligible deferred compensation plan (as defined in section 457(b)) or under a qualified retirement plan (as defined in section 4974(c)), (ii) any amount paid under an annuity contract that is received by the beneficiary under the contract— (I) after the death of the annuitant in the case of payments described in subsection (c)(5)(A)(ii)(III), unless the beneficiary is the surviving spouse of the annuitant, or (II) after the death of the annuitant and joint annuitant in the case of payments described in subsection (c)(5)(A)(ii)(IV), unless the beneficiary is the surviving spouse of the last to die of the annuitant and the joint annuitant, or (iii) any annuity contract that is a qualified funding asset (as defined in section 130(d)), but without regard to whether there is a qualified assignment. (D) Investment in the contract \nFor purposes of this section, the investment in the contract shall be determined without regard to this paragraph..", "id": "HB2098838372F42BC9EE745A98F414E96", "header": "Lifetime annuity payments under annuity contracts", "nested": [], "links": [] }, { "text": "(b) Definitions \nSubsection (c) of section 72 of such Code is amended by adding at the end thereof the following new paragraph: (5) Lifetime annuity payment \n(A) In general \nFor purposes of subsection (b)(5), the term lifetime annuity payment means any amount received as an annuity under any portion of an annuity contract, but only if— (i) the only person (or persons in the case of payments described in subclause (II) or (IV) of clause (ii)) legally entitled (by operation of the contract, a trust, or other legally enforceable means) to receive such amount during the life of the annuitant or joint annuitant is such annuitant or joint annuitant, and (ii) such amount is part of a series of substantially equal periodic payments made not less frequently than annually over— (I) the life of the annuitant, (II) the lives of the annuitant and a joint annuitant, but only if the annuitant is the spouse of the joint annuitant as of the annuity starting date or the difference in age between the annuitant and joint annuitant is 15 years or less, (III) the life of the annuitant with a minimum period of payments or with a minimum amount that must be paid in any event, or (IV) the lives of the annuitant and a joint annuitant with a minimum period of payments or with a minimum amount that must be paid in any event, but only if the annuitant is the spouse of the joint annuitant as of the annuity starting date or the difference in age between the annuitant and joint annuitant is 15 years or less. (iii) Exceptions \nFor purposes of clause (ii), annuity payments shall not fail to be treated as part of a series of substantially equal periodic payments— (I) because the amount of the periodic payments may vary in accordance with investment experience, reallocations among investment options, actuarial gains or losses, cost of living indices, a constant percentage applied not less frequently than annually, or similar fluctuating criteria, (II) due to the existence of, or modification of the duration of, a provision in the contract permitting a lump sum withdrawal after the annuity starting date, or (III) because the period between each such payment is lengthened or shortened, but only if at all times such period is no longer than one calendar year. (B) Annuity contract \nFor purposes of subparagraph (A) and subsections (b)(5) and (w), the term annuity contract means a commercial annuity (as defined by section 3405(e)(6)), other than an endowment or life insurance contract. (C) Minimum period of payments \nFor purposes of subparagraph (A), the term minimum period of payments means a guaranteed term of payments that does not exceed the greater of 10 years or— (i) the life expectancy of the annuitant as of the annuity starting date, in the case of lifetime annuity payments described in subparagraph (A)(ii)(III), or (ii) the life expectancy of the annuitant and joint annuitant as of the annuity starting date, in the case of lifetime annuity payments described in subparagraph (A)(ii)(IV). For purposes of this subparagraph, life expectancy shall be computed with reference to the tables prescribed by the Secretary under paragraph (3). For purposes of subsection (w)(1)(C)(ii), the permissible minimum period of payments shall be determined as of the annuity starting date and reduced by one for each subsequent year. (D) Minimum amount that must be paid in any event \nFor purposes of subparagraph (A), the term minimum amount that must be paid in any event means an amount payable to the designated beneficiary under an annuity contract that is in the nature of a refund and does not exceed the greater of the amount applied to produce the lifetime annuity payments under the contract or the amount, if any, available for withdrawal under the contract on the date of death..", "id": "HB227BC91F89C4CC6823E1DD1132E87EF", "header": "Definitions", "nested": [], "links": [] }, { "text": "(c) Recapture tax for lifetime annuity payments \nSection 72 of such Code is amended by redesignating subsection (w) as subsection (x) and inserting after subsection (v) the following new subsection (w): (w) Recapture tax for modifications to or reductions in lifetime annuity payments \n(1) In general \nIf any amount received under an annuity contract is excluded from income by reason of subsection (b)(5) (relating to lifetime annuity payments), and— (A) the series of payments under such contract is subsequently modified so any future payments are not lifetime annuity payments, (B) after the date of receipt of the first lifetime annuity payment under the contract an annuitant receives a lump sum and thereafter is to receive annuity payments in a reduced amount under the contract, or (C) after the date of receipt of the first lifetime annuity payment under the contract the dollar amount of any subsequent annuity payment is reduced and a lump sum is not paid in connection with the reduction, unless such reduction is— (i) due to an event described in subsection (c)(5)(A)(iii), or (ii) due to the addition of, or increase in, a minimum period of payments within the meaning of subsection (c)(5)(C) or a minimum amount that must be paid in any event (within the meaning of subsection (c)(5)(D)), then gross income for the first taxable year in which such modification or reduction occurs shall be increased by the recapture amount. (2) Recapture amount \n(A) In general \nFor purposes of this subsection, the recapture amount shall be the amount, determined under rules prescribed by the Secretary, equal to the amount that (but for subsection (b)(5)) would have been includible in the taxpayer’s gross income if the modification or reduction described in paragraph (1) had been in effect at all times, plus interest for the deferral period at the underpayment rate established by section 6621. (B) Deferral period \nFor purposes of this subsection, the term deferral period means the period beginning with the taxable year in which (without regard to subsection (b)(5)) the payment would have been includible in gross income and ending with the taxable year in which the modification described in paragraph (1) occurs. (3) Exceptions to recapture tax \nParagraph (1) shall not apply in the case of any modification or reduction that occurs because an annuitant— (A) dies or becomes disabled (within the meaning of subsection (m)(7)), (B) becomes a chronically ill individual within the meaning of section 7702B(c)(2), or (C) encounters hardship..", "id": "H4DFCAFB1A69549E4BDB122073FD5C58", "header": "Recapture tax for lifetime annuity payments", "nested": [], "links": [] }, { "text": "(d) Lifetime distributions of life insurance death benefits \n(1) In general \nSubsection (d) of section 101 of such Code (relating to life insurance proceeds) is amended by adding at the end thereof the following new paragraph: (4) Exclusion for lifetime annuity payments \n(A) In general \nIn the case of amounts to which this subsection applies, gross income shall not include the lesser of— (i) 50 percent of the portion of lifetime annuity payments otherwise includible in gross income under this section (determined without regard to this paragraph), or (ii) the amount in effect under section 72(b)(5). (B) Rules of section 72(b)(5) to apply \nFor purposes of this paragraph, rules similar to the rules of section 72(b)(5) and section 72(w) shall apply, substituting the term beneficiary of the life insurance contract for the term annuitant wherever it appears, and substituting the term life insurance contract for the term annuity contract wherever it appears.. (2) Conforming amendment \nParagraph (1) of subsection (d) of section 101 of such Code is amended by adding or paragraph (4) after to the extent not excluded by the preceding sentence.", "id": "H7F3438C3EFDF45418DBD379E2E333D38", "header": "Lifetime distributions of life insurance death benefits", "nested": [], "links": [] }, { "text": "(e) Effective date \n(1) In general \nThe amendments made by this section shall apply to amounts received in calendar years beginning after the date of the enactment of this Act. (2) Special rule for existing contracts \nIn the case of a contract in force on the date of the enactment of this Act that does not satisfy the requirements of section 72(c)(5)(A) of the Internal Revenue Code of 1986 (as added by this section), or requirements similar to such section 72(c)(5)(A) in the case of a life insurance contract), any modification to such contract (including a change in ownership) or to the payments thereunder that is made to satisfy the requirements of such section (or similar requirements) shall not result in the recognition of any gain or loss, any amount being included in gross income, or any addition to tax that otherwise might result from such modification, but only if the modification is completed prior to the date that is 2 years after the date of the enactment of this Act.", "id": "H0BBBFE0E0FFE465C80E9F734B44D12A0", "header": "Effective date", "nested": [], "links": [ { "text": "section 72(c)(5)(A)", "legal-doc": "usc", "parsable-cite": "usc/26/72" } ] } ], "links": [ { "text": "section 72(c)(5)(A)", "legal-doc": "usc", "parsable-cite": "usc/26/72" } ] } ]

[ "Ways and Means Committee" ]

[ { "text": "1. Increased frequency of disclosure by political organizations \n(a) In general \nParagraph (2) of section 527(j) of the Internal Revenue Code of 1986 (relating to required disclosure) is amended to read as follows: (2) Required disclosures \n(A) In general \nA political organization which accepts a contribution, or makes an expenditure, for an exempt function during any calendar year shall file with the Secretary the reports required by subparagraphs (B) and (C). (B) Election years \n(i) Monthly disclosures for organizations receiving or expending $25,000 or more in election year \nIn the case of an organization that has, or has reason to expect to have, contributions which equal or exceed $25,000, or expenditures which equal or exceed $25,000, for an exempt function in a calendar year in which a regularly scheduled election is held, the reports required by this clause are monthly reports, beginning with the first month of the calendar year in which a contribution is accepted or expenditure is made. Such reports shall be filed not later than the 20th day after the last day of the month and shall be complete as of the last day of the month. (ii) Quarterly disclosures for organizations receiving or expending less than $25,000 \nExcept as provided by clause (i), in the case of contributions accepted or expenditures made during a calendar year in which a regularly scheduled election is held, the reports required by this clause are quarterly reports, beginning with the first quarter of the calendar year in which a contribution is accepted or expenditure is made. Such reports shall be complete as of the last day of the quarter and shall be filed— (I) for each of the first three calendar quarters not later than the 15th day after the last day of the calendar quarter, and (II) for the calendar quarter ending on December 31 not later than January 31 of the following calendar year. (iii) Change to monthly reporting when contributions or expenditures in excess of $25,000 \nAn organization which, at any time during the election year, is required to report under clause (ii), and receives contributions in excess of $25,000 or makes expenditures in excess of $25,000, shall be subject to clause (i) beginning with the next reporting period in which such excess first occurs. The first report required in a calendar year under clause (i) by reason of this clause shall include a monthly report for each of the preceding months of such calendar year in which the organization would have been required to report under clause (i) if such clause applied without regard to this clause. (iv) Pre- and post- election reports \nWith respect to a regularly scheduled election, the reports required by this clause are— (I) a pre-election report, which shall be filed not later than the 12th day before (or posted by registered or certified mail not later than the 15th day before) any election with respect to which the organization makes a contribution or expenditure and which shall be complete as of the 20th day before the election, and (II) a post-general election report, which shall be filed not later than the 30th day after the general election and which shall be complete as of the 20th day after such general election. (C) Nonelection year \nIn the case of a calendar year other than a calendar year in which a regularly scheduled election is held, the reports required by this subparagraph are a report covering the period beginning January 1 and ending June 30, which shall be filed no later than July 31 and a report covering the period beginning July 1 and ending December 31, which shall be filed no later than January 31 of the following calendar year, (D) Election to file monthly reports \nAn organization may elect to file monthly reports for the calendar year, beginning with the first month of the calendar year in which a contribution is accepted or expenditure is made. Each such report for a month shall be filed not later than the 20th day after the last day of the month and shall be complete as of the last day of the month. In lieu of filing reports otherwise due under this subparagraph in November and December of any year in which a regularly scheduled general election is held, a pre-general election report shall be filed in accordance with subparagraph (B)(iv)(I), a post-general election report shall be filed in accordance with subparagraph (B)(iv)(II), and a year end report shall be filed not later than January 31 of the following calendar year.. (b) Effective date \nThe amendment made by this section shall apply to years beginning after December 31, 2004.", "id": "H9FCEAE89FE2C4649BDC1FBA0DBDF2E45", "header": "Increased frequency of disclosure by political organizations", "nested": [ { "text": "(a) In general \nParagraph (2) of section 527(j) of the Internal Revenue Code of 1986 (relating to required disclosure) is amended to read as follows: (2) Required disclosures \n(A) In general \nA political organization which accepts a contribution, or makes an expenditure, for an exempt function during any calendar year shall file with the Secretary the reports required by subparagraphs (B) and (C). (B) Election years \n(i) Monthly disclosures for organizations receiving or expending $25,000 or more in election year \nIn the case of an organization that has, or has reason to expect to have, contributions which equal or exceed $25,000, or expenditures which equal or exceed $25,000, for an exempt function in a calendar year in which a regularly scheduled election is held, the reports required by this clause are monthly reports, beginning with the first month of the calendar year in which a contribution is accepted or expenditure is made. Such reports shall be filed not later than the 20th day after the last day of the month and shall be complete as of the last day of the month. (ii) Quarterly disclosures for organizations receiving or expending less than $25,000 \nExcept as provided by clause (i), in the case of contributions accepted or expenditures made during a calendar year in which a regularly scheduled election is held, the reports required by this clause are quarterly reports, beginning with the first quarter of the calendar year in which a contribution is accepted or expenditure is made. Such reports shall be complete as of the last day of the quarter and shall be filed— (I) for each of the first three calendar quarters not later than the 15th day after the last day of the calendar quarter, and (II) for the calendar quarter ending on December 31 not later than January 31 of the following calendar year. (iii) Change to monthly reporting when contributions or expenditures in excess of $25,000 \nAn organization which, at any time during the election year, is required to report under clause (ii), and receives contributions in excess of $25,000 or makes expenditures in excess of $25,000, shall be subject to clause (i) beginning with the next reporting period in which such excess first occurs. The first report required in a calendar year under clause (i) by reason of this clause shall include a monthly report for each of the preceding months of such calendar year in which the organization would have been required to report under clause (i) if such clause applied without regard to this clause. (iv) Pre- and post- election reports \nWith respect to a regularly scheduled election, the reports required by this clause are— (I) a pre-election report, which shall be filed not later than the 12th day before (or posted by registered or certified mail not later than the 15th day before) any election with respect to which the organization makes a contribution or expenditure and which shall be complete as of the 20th day before the election, and (II) a post-general election report, which shall be filed not later than the 30th day after the general election and which shall be complete as of the 20th day after such general election. (C) Nonelection year \nIn the case of a calendar year other than a calendar year in which a regularly scheduled election is held, the reports required by this subparagraph are a report covering the period beginning January 1 and ending June 30, which shall be filed no later than July 31 and a report covering the period beginning July 1 and ending December 31, which shall be filed no later than January 31 of the following calendar year, (D) Election to file monthly reports \nAn organization may elect to file monthly reports for the calendar year, beginning with the first month of the calendar year in which a contribution is accepted or expenditure is made. Each such report for a month shall be filed not later than the 20th day after the last day of the month and shall be complete as of the last day of the month. In lieu of filing reports otherwise due under this subparagraph in November and December of any year in which a regularly scheduled general election is held, a pre-general election report shall be filed in accordance with subparagraph (B)(iv)(I), a post-general election report shall be filed in accordance with subparagraph (B)(iv)(II), and a year end report shall be filed not later than January 31 of the following calendar year..", "id": "H1A97AEC534E24A60A2E0EFC488DB2EE", "header": "In general", "nested": [], "links": [ { "text": "section 527(j)", "legal-doc": "usc", "parsable-cite": "usc/26/527" } ] }, { "text": "(b) Effective date \nThe amendment made by this section shall apply to years beginning after December 31, 2004.", "id": "HCFD4DD18EA3E4C5C95D69C6F8C3FBF71", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "section 527(j)", "legal-doc": "usc", "parsable-cite": "usc/26/527" } ] }, { "text": "2. Improved electronic disclosure and linkage with Federal Election Commission \n(a) In general \nThe Secretary of the Treasury, in consultation with the Federal Election Commission, shall take such actions as may be necessary to increase disclosure to the public by improving the database and disclosure system for reports required to be filed by political organizations under section 527 of the Internal Revenue Code of 1986. (b) Improved linkage with Federal Election Commission \nThe Secretary of the Treasury and the Federal Election Commission shall take such actions as may be necessary to improve the linkage between the databases for public disclosure of election-related information maintained by the Department of the Treasury and the Federal Election Commission. (c) Report to Congress \nThe Secretary of the Treasury and the Federal Election Commission shall each submit reports to the Congress on the actions taken under subsections (a) and (b). The first report shall be an interim report submitted not later than July 15, 2004, and the second report shall be a final report submitted not later than January 15, 2005. (d) Authorization of appropriations \nThere is authorized to be appropriated such sums as may be necessary to carry out this section.", "id": "H401ED360B3C34D2D938CF0FF9FE19DD4", "header": "Improved electronic disclosure and linkage with Federal Election Commission", "nested": [ { "text": "(a) In general \nThe Secretary of the Treasury, in consultation with the Federal Election Commission, shall take such actions as may be necessary to increase disclosure to the public by improving the database and disclosure system for reports required to be filed by political organizations under section 527 of the Internal Revenue Code of 1986.", "id": "HB833D3B368F54184992CB0D3972FC9F", "header": "In general", "nested": [], "links": [ { "text": "section 527", "legal-doc": "usc", "parsable-cite": "usc/26/527" } ] }, { "text": "(b) Improved linkage with Federal Election Commission \nThe Secretary of the Treasury and the Federal Election Commission shall take such actions as may be necessary to improve the linkage between the databases for public disclosure of election-related information maintained by the Department of the Treasury and the Federal Election Commission.", "id": "H52CDD2777D1D446E97DC3E59FED6C7C8", "header": "Improved linkage with Federal Election Commission", "nested": [], "links": [] }, { "text": "(c) Report to Congress \nThe Secretary of the Treasury and the Federal Election Commission shall each submit reports to the Congress on the actions taken under subsections (a) and (b). The first report shall be an interim report submitted not later than July 15, 2004, and the second report shall be a final report submitted not later than January 15, 2005.", "id": "HF82097DD152148A5AE2F2C9D27E2DAFC", "header": "Report to Congress", "nested": [], "links": [] }, { "text": "(d) Authorization of appropriations \nThere is authorized to be appropriated such sums as may be necessary to carry out this section.", "id": "H887FE38A81BB474E9BCB9D42D01B6D05", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "section 527", "legal-doc": "usc", "parsable-cite": "usc/26/527" } ] } ]

[ "Committee on House Administration", "Ways and Means Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Obstetric Fistula Surgical Repair, Assistance, and Prevention Act of 2004.", "id": "HAF7B6FBC922344C49E06FFD594D3424D", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings and Purpose \n(a) Findings \nCongress finds the following: (1) Obstetric fistula is a devastating condition that occurs during childbirth when prolonged pressure of the baby’s head against the mother’s pelvis can lead to the child’s death as well as cut off the blood supply of the tissues surrounding the woman’s vagina, bladder, or rectum, causing those tissues to deteriorate, and thus leaving an open hole, or fistula. (2) Obstetric fistula can be excruciatingly painful and often causes a woman to lose control of her bowel movements. (3) To date, an estimated 2,000,000 cases of obstetric fistula have been reported worldwide—mostly in Africa among women who are very young, delivering their first child, lacking proper nutrition and maternity care, and living in rural areas. (4) The actual number of women who have obstetric fistula may actually be much higher due to a lack of adequate reporting. For example, an additional estimate contends that in Nigeria alone, approximately 1,000,000 women suffer from obstetric fistula. (5) It is estimated that 50,000 to 100,000 new cases of obstetric fistula occur each year, mostly involving women under the age of 20. (6) Women who suffer from obstetric fistula may also suffer from social isolation because they are often abandoned by their husbands, families, and employers. (7) Women who suffer from obstetric fistula may also suffer severe emotional stress from their condition and social isolation that is often magnified by the death of their child during labor. (8) Obstetric fistula can be prevented through increased access by women to emergency obstetrical care, a postponement of sexual activity and childbearing past the teenage years, and increased training for birth attendants in local communities. (9) Obstetric fistula can also be treated through a relatively minor surgical procedure that is 90 percent effective and which can cost as little as $150. (10) A large percentage of women who suffer from obstetric fistula are unaware that treatment exists and may spend their entire lives suffering from this condition needlessly. (11) Unfortunately, there are few treatment centers or hospitals with the capacity to treat obstetric fistula in developing countries, particularly countries in Africa, and demand for services and surgery far exceed the supply. (12) Currently the United States Agency for International Development provides assistance for programs that target prevention of obstetric fistula but not programs that target treatment of obstetric fistula. (13) Tens of thousands of women in developing countries suffering from obstetric fistula could be successfully treated if adequate resources were devoted to this objective. (b) Purpose \nThe purpose of this Act is to ensure that, in addition to the prevention of obstetric fistula, treatment of obstetric fistula is an important priority of United States bilateral foreign assistance programs, including through— (1) the establishment and expansion of the capacity to treat obstetric fistula in developing countries, including through the provision of surgery and post-surgery care; and (2) the reduction of the incidence of obstetric fistula in developing countries, including through the conduct of appropriate seminars and the dissemination of appropriate educational materials, such as brochures, pamphlets, and posters.", "id": "H91C4CD11715D4F3995DBA87196EB077", "header": "Findings and Purpose", "nested": [ { "text": "(a) Findings \nCongress finds the following: (1) Obstetric fistula is a devastating condition that occurs during childbirth when prolonged pressure of the baby’s head against the mother’s pelvis can lead to the child’s death as well as cut off the blood supply of the tissues surrounding the woman’s vagina, bladder, or rectum, causing those tissues to deteriorate, and thus leaving an open hole, or fistula. (2) Obstetric fistula can be excruciatingly painful and often causes a woman to lose control of her bowel movements. (3) To date, an estimated 2,000,000 cases of obstetric fistula have been reported worldwide—mostly in Africa among women who are very young, delivering their first child, lacking proper nutrition and maternity care, and living in rural areas. (4) The actual number of women who have obstetric fistula may actually be much higher due to a lack of adequate reporting. For example, an additional estimate contends that in Nigeria alone, approximately 1,000,000 women suffer from obstetric fistula. (5) It is estimated that 50,000 to 100,000 new cases of obstetric fistula occur each year, mostly involving women under the age of 20. (6) Women who suffer from obstetric fistula may also suffer from social isolation because they are often abandoned by their husbands, families, and employers. (7) Women who suffer from obstetric fistula may also suffer severe emotional stress from their condition and social isolation that is often magnified by the death of their child during labor. (8) Obstetric fistula can be prevented through increased access by women to emergency obstetrical care, a postponement of sexual activity and childbearing past the teenage years, and increased training for birth attendants in local communities. (9) Obstetric fistula can also be treated through a relatively minor surgical procedure that is 90 percent effective and which can cost as little as $150. (10) A large percentage of women who suffer from obstetric fistula are unaware that treatment exists and may spend their entire lives suffering from this condition needlessly. (11) Unfortunately, there are few treatment centers or hospitals with the capacity to treat obstetric fistula in developing countries, particularly countries in Africa, and demand for services and surgery far exceed the supply. (12) Currently the United States Agency for International Development provides assistance for programs that target prevention of obstetric fistula but not programs that target treatment of obstetric fistula. (13) Tens of thousands of women in developing countries suffering from obstetric fistula could be successfully treated if adequate resources were devoted to this objective.", "id": "H84580A11137242D4B054A1344F179467", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Purpose \nThe purpose of this Act is to ensure that, in addition to the prevention of obstetric fistula, treatment of obstetric fistula is an important priority of United States bilateral foreign assistance programs, including through— (1) the establishment and expansion of the capacity to treat obstetric fistula in developing countries, including through the provision of surgery and post-surgery care; and (2) the reduction of the incidence of obstetric fistula in developing countries, including through the conduct of appropriate seminars and the dissemination of appropriate educational materials, such as brochures, pamphlets, and posters.", "id": "HE69DEAD180E64AAE90B14F49EFF19822", "header": "Purpose", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Definition \nIn this Act, the term obstetric fistula means a rupture or hole in tissues surround a woman’s vagina, bladder, or rectum that occurs when the woman is in obstructed childbirth for a prolonged period of time without adequate medical attention.", "id": "H9252CE01F561493D8D08EB04625EE8B3", "header": "Definition", "nested": [], "links": [] }, { "text": "4. Amendments to the Foreign Assistance Act of 1961 \nSection 104(c) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151b(c) ) is amended— (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following new paragraph: (4)(A) In carrying out the purposes of this subsection, the President is authorized to furnish assistance, on such terms and conditions as the President may determine, for the establishment and operation of not less than twelve centers for the treatment of obstetric fistula at appropriate sites in developing countries. (B) In selecting sites for the establishment of centers pursuant to subparagraph (A), the President should seek the consultation and advice of United States embassy officials, appropriate nongovernmental organizations, and local government officials in developing countries with high rates of obstetric fistula, with particular emphasis on countries in Africa. (C) Each center established pursuant to subparagraph (A) shall, to the maximum extent practicable, carry out the following activities: (i) The provision of surgery to repair obstetric fistula in women who do not otherwise have the resources to pay for such surgery and the provision of necessary post-surgery care and support for such women. (ii) Assistance related to surgery and post-surgery care and support described in clause (i), including the provision of transportation to and from the center for women in need of such transportation and the provision of necessary temporary shelter and food assistance to women in need of such shelter and food assistance. (iii) Activities to reduce the incidence of obstetric fistula, including the conduct of appropriate seminars and the dissemination of appropriate educational materials, such as brochures, pamphlets, and posters. (D) Not later than January 31 of each year, the President shall prepare and transmit to Congress a report on the implementation of this paragraph for the prior fiscal year. (E) In addition to amounts otherwise available for such purpose, there are authorized to be appropriated to the President $35,000,000 for each of the fiscal years 2005 and 2006 to carry out this paragraph. Amounts appropriated under this clause are authorized to remain available until expended. (F) In this paragraph, the term obstetric fistula means a rupture or hole in tissues surrounding a woman’s vagina, bladder, or rectum that occurs when the woman is in obstructed childbirth for a prolonged period of time without adequate medical attention..", "id": "H45361BB2DBDB4808BC74FAF85053D38E", "header": "Amendments to the Foreign Assistance Act of 1961", "nested": [], "links": [ { "text": "22 U.S.C. 2151b(c)", "legal-doc": "usc", "parsable-cite": "usc/22/2151b" } ] } ]

[ "Foreign Affairs Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Affordable College Tuition Act of 2004.", "id": "H24B5E5E17D6E4630A6E4096B867778BF", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Expansion of Hope Scholarship Credit to 50 Percent of Qualified Tuition Expenses \n(a) In general \nSubsection (b) of section 25A of the Internal Revenue Code of 1986 (relating to Hope scholarship credit) is amended to read as follows: (b) Hope scholarship credit \n(1) Per student credit \nIn the case of any eligible student for whom an election is in effect under this section for any taxable year, the Hope Scholarship Credit is an amount equal to 50 percent of the qualified tuition and related expenses paid by the taxpayer during the taxable year (for education furnished to the eligible student during any academic period beginning in such taxable year). (2) Credit allowed for year only if individual is at least ½ time student for portion of year \nThe Hope Scholarship Credit under subsection (a)(1) shall not be allowed for a taxable year with respect to the qualified tuition and related expenses of an individual unless such individual is an eligible student for at least one academic period which begins during such year. (3) Eligible student \nFor purposes of this subsection, the term eligible student means, with respect to any academic period, a student who— (A) meets the requirements of section 484(a)(1) of the Higher Education Act of 1965 ( 20 U.S.C. 1091(a)(1) ), as in effect on the date of the enactment of this section, and (B) is carrying at least ½ the normal full-time work load for the course of study the student is pursuing.. (b) Adjusted Gross Income Limitation Not To Apply to Hope Scholarship Credit \nParagraph (1) of section 25A(d) of such Code (relating to limitation based on modified adjusted gross income) is amended— (1) in the text by striking subsection (a) and inserting subsection (a)(2) , and (2) in the heading by inserting of lifetime learning credit. (c) Conforming amendment \nSubsection (h) of such section (relating to inflation adjustments) is amended to read as follows: (h) Inflation adjustments of income limits applicable to lifetime learning credit \n(1) In general \nIn the case of a taxable year beginning after 2001, the $40,000 and $80,000 amounts in subsection (d)(2) shall each be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2000 for calendar year 1992 in subparagraph (B) thereof. (2) Rounding \nIf any amount as adjusted under paragraph (1) is not a multiple of $1,000, such amount shall be rounded to the next lowest multiple of $1,000.. (d) Effective date \nThe amendments made by this section shall apply to expenses paid after December 31, 2004 (in taxable years ending after such date), for education furnished in academic periods beginning after such date.", "id": "H579817FC6BF2409EBB03BF2E83342B36", "header": "Expansion of Hope Scholarship Credit to 50 Percent of Qualified Tuition Expenses", "nested": [ { "text": "(a) In general \nSubsection (b) of section 25A of the Internal Revenue Code of 1986 (relating to Hope scholarship credit) is amended to read as follows: (b) Hope scholarship credit \n(1) Per student credit \nIn the case of any eligible student for whom an election is in effect under this section for any taxable year, the Hope Scholarship Credit is an amount equal to 50 percent of the qualified tuition and related expenses paid by the taxpayer during the taxable year (for education furnished to the eligible student during any academic period beginning in such taxable year). (2) Credit allowed for year only if individual is at least ½ time student for portion of year \nThe Hope Scholarship Credit under subsection (a)(1) shall not be allowed for a taxable year with respect to the qualified tuition and related expenses of an individual unless such individual is an eligible student for at least one academic period which begins during such year. (3) Eligible student \nFor purposes of this subsection, the term eligible student means, with respect to any academic period, a student who— (A) meets the requirements of section 484(a)(1) of the Higher Education Act of 1965 ( 20 U.S.C. 1091(a)(1) ), as in effect on the date of the enactment of this section, and (B) is carrying at least ½ the normal full-time work load for the course of study the student is pursuing..", "id": "H47E9DCFA216F4BB2B1B3EA00036EB8A9", "header": "In general", "nested": [], "links": [ { "text": "section 25A", "legal-doc": "usc", "parsable-cite": "usc/26/25A" }, { "text": "20 U.S.C. 1091(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1091" } ] }, { "text": "(b) Adjusted Gross Income Limitation Not To Apply to Hope Scholarship Credit \nParagraph (1) of section 25A(d) of such Code (relating to limitation based on modified adjusted gross income) is amended— (1) in the text by striking subsection (a) and inserting subsection (a)(2) , and (2) in the heading by inserting of lifetime learning credit.", "id": "HB83BD3DE411540EB9240FCF357246E72", "header": "Adjusted Gross Income Limitation Not To Apply to Hope Scholarship Credit", "nested": [], "links": [] }, { "text": "(c) Conforming amendment \nSubsection (h) of such section (relating to inflation adjustments) is amended to read as follows: (h) Inflation adjustments of income limits applicable to lifetime learning credit \n(1) In general \nIn the case of a taxable year beginning after 2001, the $40,000 and $80,000 amounts in subsection (d)(2) shall each be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2000 for calendar year 1992 in subparagraph (B) thereof. (2) Rounding \nIf any amount as adjusted under paragraph (1) is not a multiple of $1,000, such amount shall be rounded to the next lowest multiple of $1,000..", "id": "H62044B98D3E94B99AED08337C4263F43", "header": "Conforming amendment", "nested": [], "links": [] }, { "text": "(d) Effective date \nThe amendments made by this section shall apply to expenses paid after December 31, 2004 (in taxable years ending after such date), for education furnished in academic periods beginning after such date.", "id": "H93F18034BC284499A1B9CBB215A6F69E", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "section 25A", "legal-doc": "usc", "parsable-cite": "usc/26/25A" }, { "text": "20 U.S.C. 1091(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1091" } ] } ]

[ "Ways and Means Committee" ]

[ { "text": "1. Credit for employment of H-2A workers \n(a) In general \nSubpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: 45G. Credit for employment of H–2A workers \n(a) General rule \nFor purposes of section 38, the H–2A worker credit for any taxable year shall be an amount equal to 10 percent of the aggregate H–2A worker amounts with respect to H–2A workers employed by the taxpayer during such taxable year. (b) H–2A Worker Amount \nFor purposes of this section, the term H–2A worker amount means, with respect to any employee of the taxpayer— (1) the aggregate number of hours of agricultural labor and services (within the meaning of section 101(a)(15)(H) of the Immigration and Nationality Act) for which such employee was compensated by the taxpayer during the taxable year, multiplied by (2) the excess (if any) of— (A) the hourly wage rate required to comply with the requirement of section 218(a)(1)(B) of the Immigration and Nationality Act with respect to such employee, over (B) the greater of— (i) the hourly Federal minimum wage rate (applicable under section 6 of the Fair Labor Standards Act of 1938), and (ii) the applicable hourly minimum wage rate specified under State law for the State in which the H–2A worker is employed. (c) H–2A Worker \nFor purposes of this section, the term H–2A worker has the meaning given such term in section 218(i)(2) of the Immigration and Nationality Act.. (b) Denial of double benefit \nSubsection (a) of section 280C of such Code is amended by inserting 45G(a), after 45A(a),. (c) Credit treated as business credit \nSubsection (b) of section 38 of such Code is amended by striking plus at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting , plus , and by adding at the end the following: (16) the H–2A worker credit determined under section 45G(a).. (d) Clerical amendment \nThe table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following: Sec. 45G. Credit for employment of H–2A workers. (e) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2003.", "id": "H24195EBEA2D1474DAEDB186C213DDD27", "header": "Credit for employment of H-2A workers", "nested": [ { "text": "(a) In general \nSubpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: 45G. Credit for employment of H–2A workers \n(a) General rule \nFor purposes of section 38, the H–2A worker credit for any taxable year shall be an amount equal to 10 percent of the aggregate H–2A worker amounts with respect to H–2A workers employed by the taxpayer during such taxable year. (b) H–2A Worker Amount \nFor purposes of this section, the term H–2A worker amount means, with respect to any employee of the taxpayer— (1) the aggregate number of hours of agricultural labor and services (within the meaning of section 101(a)(15)(H) of the Immigration and Nationality Act) for which such employee was compensated by the taxpayer during the taxable year, multiplied by (2) the excess (if any) of— (A) the hourly wage rate required to comply with the requirement of section 218(a)(1)(B) of the Immigration and Nationality Act with respect to such employee, over (B) the greater of— (i) the hourly Federal minimum wage rate (applicable under section 6 of the Fair Labor Standards Act of 1938), and (ii) the applicable hourly minimum wage rate specified under State law for the State in which the H–2A worker is employed. (c) H–2A Worker \nFor purposes of this section, the term H–2A worker has the meaning given such term in section 218(i)(2) of the Immigration and Nationality Act..", "id": "H5ACED15A55184C7084DAE4AFD3AFE2B", "header": "In general", "nested": [], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" } ] }, { "text": "(b) Denial of double benefit \nSubsection (a) of section 280C of such Code is amended by inserting 45G(a), after 45A(a),.", "id": "H05BD3C2106FB4F5A9396547C4C577D97", "header": "Denial of double benefit", "nested": [], "links": [] }, { "text": "(c) Credit treated as business credit \nSubsection (b) of section 38 of such Code is amended by striking plus at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting , plus , and by adding at the end the following: (16) the H–2A worker credit determined under section 45G(a)..", "id": "H8723CDAC9BEE48CCACBF009095CE0306", "header": "Credit treated as business credit", "nested": [], "links": [] }, { "text": "(d) Clerical amendment \nThe table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following: Sec. 45G. Credit for employment of H–2A workers.", "id": "H3388B1BF8B85497296DD24730857EF8", "header": "Clerical amendment", "nested": [], "links": [] }, { "text": "(e) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2003.", "id": "H6058FFDC6EBF4559BF1DACF298977769", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" } ] }, { "text": "45G. Credit for employment of H–2A workers \n(a) General rule \nFor purposes of section 38, the H–2A worker credit for any taxable year shall be an amount equal to 10 percent of the aggregate H–2A worker amounts with respect to H–2A workers employed by the taxpayer during such taxable year. (b) H–2A Worker Amount \nFor purposes of this section, the term H–2A worker amount means, with respect to any employee of the taxpayer— (1) the aggregate number of hours of agricultural labor and services (within the meaning of section 101(a)(15)(H) of the Immigration and Nationality Act) for which such employee was compensated by the taxpayer during the taxable year, multiplied by (2) the excess (if any) of— (A) the hourly wage rate required to comply with the requirement of section 218(a)(1)(B) of the Immigration and Nationality Act with respect to such employee, over (B) the greater of— (i) the hourly Federal minimum wage rate (applicable under section 6 of the Fair Labor Standards Act of 1938), and (ii) the applicable hourly minimum wage rate specified under State law for the State in which the H–2A worker is employed. (c) H–2A Worker \nFor purposes of this section, the term H–2A worker has the meaning given such term in section 218(i)(2) of the Immigration and Nationality Act.", "id": "H8241CCB6948842659634D72074D6DEE4", "header": "Credit for employment of H–2A workers", "nested": [ { "text": "(a) General rule \nFor purposes of section 38, the H–2A worker credit for any taxable year shall be an amount equal to 10 percent of the aggregate H–2A worker amounts with respect to H–2A workers employed by the taxpayer during such taxable year.", "id": "H8B9CB8DFAF2F4A5589E5D6EFB21E3D7", "header": "General rule", "nested": [], "links": [] }, { "text": "(b) H–2A Worker Amount \nFor purposes of this section, the term H–2A worker amount means, with respect to any employee of the taxpayer— (1) the aggregate number of hours of agricultural labor and services (within the meaning of section 101(a)(15)(H) of the Immigration and Nationality Act) for which such employee was compensated by the taxpayer during the taxable year, multiplied by (2) the excess (if any) of— (A) the hourly wage rate required to comply with the requirement of section 218(a)(1)(B) of the Immigration and Nationality Act with respect to such employee, over (B) the greater of— (i) the hourly Federal minimum wage rate (applicable under section 6 of the Fair Labor Standards Act of 1938), and (ii) the applicable hourly minimum wage rate specified under State law for the State in which the H–2A worker is employed.", "id": "H98C6C7690AC74D91851D95C950C2DC31", "header": "H–2A Worker Amount", "nested": [], "links": [] }, { "text": "(c) H–2A Worker \nFor purposes of this section, the term H–2A worker has the meaning given such term in section 218(i)(2) of the Immigration and Nationality Act.", "id": "H489E8744E5F8470E8F8DEF39A874D4B", "header": "H–2A Worker", "nested": [], "links": [] } ], "links": [] } ]

[ "Ways and Means Committee" ]

[ { "text": "1. Compensation for damages \n(a) In general \nThe Secretary of the Treasury shall pay, out of any money in the Treasury not otherwise appropriated, $990,500, to the persons named in subsection (b) for damages sustained by such persons in connection with a 1991 government contract for the purchase and delivery of certain ocean freight containers. (b) Persons to receive compensation \nThe Secretary of the Treasury shall compensate the following persons under subsection (a): (1) Thomas W. Sikes of Cadwell, Georgia. (2) Wellington Trade Inc., of Cornelia, Georgia, doing business as Containerhouse.", "id": "HDE5C385BD83B46F1BCAB2315894BD06E", "header": "Compensation for damages", "nested": [ { "text": "(a) In general \nThe Secretary of the Treasury shall pay, out of any money in the Treasury not otherwise appropriated, $990,500, to the persons named in subsection (b) for damages sustained by such persons in connection with a 1991 government contract for the purchase and delivery of certain ocean freight containers.", "id": "H5B2E539EA4214437B1C700F9AEB94959", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Persons to receive compensation \nThe Secretary of the Treasury shall compensate the following persons under subsection (a): (1) Thomas W. Sikes of Cadwell, Georgia. (2) Wellington Trade Inc., of Cornelia, Georgia, doing business as Containerhouse.", "id": "H65A749C995544178A45EBE12B6762926", "header": "Persons to receive compensation", "nested": [], "links": [] } ], "links": [] }, { "text": "2. Satisfaction of claims against the United States \nPayment under section 1 shall constitute full settlement of all legal and equitable claims by the persons named in section 1(b) against the United States for the damages described in section 1(a).", "id": "HCB145704DB5842B8B433C0B0B3A84D09", "header": "Satisfaction of claims against the United States", "nested": [], "links": [] }, { "text": "3. Limitation on attorney and agent fees \nNot more than 10 percent of the payment made under section 1 may be paid to or received by an agent or attorney as consideration for any service rendered in connection with this Act. Each violation of this section is punishable by a fine of not more than $1,000.", "id": "H334605A605144BD6BC181E7C500027E6", "header": "Limitation on attorney and agent fees", "nested": [], "links": [] } ]

[ "Judiciary Committee" ]

[ { "text": "1. Protections, rights, and privileges of service marks, collective marks, and certification marks \nThe Act entitled An Act to provide for the registration and protection of trade-marks used in commerce, to carry out the provisions of certain international conventions, and for other purposes , approved July 5, 1946 (commonly referred to as the Trademark Act of 1946) is amended— (1) in section 3 ( 15 U.S.C. 1053 ) in the first sentence, by striking protection and inserting protections, rights, and privileges ; and (2) in section 4 ( 15 U.S.C. 1054 ) in the first sentence, by striking protection and inserting protections, rights, and privileges.", "id": "H26186528AD7B441300004996E79E2629", "header": "Protections, rights, and privileges of service marks, collective marks, and certification marks", "nested": [], "links": [ { "text": "15 U.S.C. 1053", "legal-doc": "usc", "parsable-cite": "usc/15/1053" }, { "text": "15 U.S.C. 1054", "legal-doc": "usc", "parsable-cite": "usc/15/1054" } ] } ]

[ "Judiciary Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Wool Suit and Textile Trade Extension Act of 2004.", "id": "H77A3D7FA0A104E79A313FF828BF989BB", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Extension and modification of duty suspension on wool products, wool research fund, wool duty refunds \n(a) Extension of temporary duty reductions \n(1) Heading 9902.51.11 \nHeading 9902.51.11 of the Harmonized Tariff Schedule of the United States is amended— (A) by striking 2005 and inserting 2010 ; and (B) by striking 17.5% and inserting 10%. (2) Heading 9902.51.12 \nHeading 9902.51.12 of the Harmonized Tariff Schedule of the United States is amended by striking 2005 and inserting 2010. (3) Heading 9902.51.13 \nHeading 9902.51.13 of the Harmonized Tariff Schedule of the United States is amended by striking 2005 and inserting 2010. (4) Heading 9902.51.14 \nHeading 9902.51.14 of the Harmonized Tariff Schedule of the United States is amended by striking 2005 and inserting 2010. (b) Modification of limitation on quantity of imports \n(1) Note 15 \nU.S. Note 15 to subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended— (A) by striking and after 2002, ; and (B) by striking year 2003 and all that follows through the end period and inserting the following: years 2003 and 2004, and 5,500,000 square meter equivalents in calendar year 2005 and each calendar year thereafter for the benefit of persons who cut and sew men’s and boys’ worsted wool suits and suit-like jackets and trousers in the United States, allocated as required by section 501(e)(1) of the Trade and Development Act of 2000.. (2) Note 16 \nU.S. Note 16 to subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended— (A) by striking shall be limited to 1,500,000 and inserting shall be limited to— (1) 1,500,000 ; (B) by striking and after 2002, ; and (C) by striking year 2003 and all that follows through the end period and inserting the following: years 2003 and 2004, 5,000,000 square meter equivalents in calendar year 2005 and each calendar year thereafter for the benefit of persons who cut and sew men’s and boys’ worsted wool suits and suit-like jackets and trousers in the United States, allocated as required by section 501(e)(1) of the Trade and Development Act of 2000; and (b) 2,000,000 square meter equivalents in calendar year 2005 and each calendar year thereafter for the benefit of manufacturers who weave worsted wool fabric in the United States suitable for use in men’s and boys’ suits, allocated as required by section 501(e)(2) of the Trade and Development Act of 2000.. (3) Conforming amendments \n(A) Sunset staged reduction requirement \nSection 501(a)(2) of the Trade and Development Act of 2000 ( Public Law 106–200 ; 114 Stat. 299) is amended by inserting before the period for goods entered, or withdrawn from warehouse for consumption, before January 1, 2005. (B) Allocation of tariff rate quotas \nSection 501(e) of the Trade and Development Act of 2000 ( Public Law 106–200 ; 114 Stat. 300) is amended— (i) by striking In implementing and inserting (1) In implementing ; (ii) by striking 16 and inserting 16(a) ; and (iii) by adding at the end the following: (2) In implementing the limitation on the quantity of worsted wool fabrics under heading 9902.51.12 of the Harmonized Tariff Schedule of the United States, as required by U.S. Note 16(b) of subchapter II of chapter 99 of such Schedule, for the entry, or withdrawal from warehouse for consumption, the Secretary of Commerce shall adopt regulations to allocate fairly such quantity to manufacturers who weave worsted wool fabric in the United States suitable for use in men’s and boys’ suits and who apply for an allocation.. (C) Sunset authority to modify limitation on quantity \nSection 504(b) of the Trade and Development Act of 2000 ( Public Law 106–200 ; 114 Stat. 301) is repealed, effective January 1, 2005. (c) Extension of duty refunds and wool research trust fund \n(1) In general \nThe United States Customs Service shall pay to each manufacturer that receives a payment during calendar year 2005 under section 505 of the Trade and Development Act of 2000 ( Public Law 106–200 ; 114 Stat. 303), as amended by section 5101 of the Trade Act of 2002 (116 Stat. 1041), and that provides an affidavit, no later than March 1 of the year of the payment, that it remains a manufacturer in the United States as of January 1 of the year of the payment, 5 additional payments, each payment equal to the payment received for calendar year 2005 as follows: (A) The first payment to be made after January 1, 2006, but on or before April 15, 2006. (B) The second, third, fourth, and fifth payments to be made after January 1, but on or before April 15, of each of the following four calendar years. (2) Successor-in-interest \nAny manufacturer that becomes a successor-in-interest to a claimant of a payment under section 505 of the Trade and Development Act of 2000, as amended by section 5101 of the Trade Act of 2002, because of— (A) an assignment of the claim, (B) an assignment of the original claimant’s right to manufacture under the same trade name, (C) a reorganization, or otherwise, shall be eligible to claim the payment as if the successor manufacturer were the original claimant, without regard to section 3727 of title 31, United States Code. Such right to claim payment as a successor shall be effective as if the right were included in section 505 of the Trade and Development Act of 2000. (3) Extension of wool research, development, and promotion trust fund \nSection 506(f) of the Trade and Development Act of 2000 ( Public Law 106–200 ; 114 Stat. 303), as amended by section 5102(c)(2) of the Trade Act of 2002 (116 Stat. 1047), is amended by striking 2006 and inserting 2011. (4) Commerce authority to promote domestic employment \n(A) Grants to manufacturers of worsted wool fabrics \nThe Secretary of Commerce shall provide to— (i) persons who were, during calendar years 1999, 2000, and 2001, manufacturers of worsted wool fabric of the kind described in heading 9902.51.12 of the Harmonized Tariff Schedule of the United States, and (ii) persons who were, during such calendar years, manufacturers of worsted wool fabric of the kind described in heading 9902.51.11 of the Harmonized Tariff Schedule of the United States, grants in each of calendar years 2005 through 2010 in the amounts determined under subparagraph (B). (B) Amounts \n(i) The total amount of grants to manufacturers under subparagraph (A)(i) shall be $2,666,000 each calendar year, allocated among such manufacturers on the basis of the percentage of each manufacturer’s production of the fabric described in heading 9902.51.12 of the Harmonized Tariff Schedule of the United States for calendar years 1999, 2000, and 2001, compared to the production of such fabric by all such manufacturers who qualify under subparagraph (A)(i) for such grants. (ii) The total amount of grants to manufacturers under subparagraph (A)(ii) shall be $2,666,000 each calendar year, allocated among such manufacturers on the basis of the percentage of each manufacturer’s production of the fabric described in heading 9902.51.11 of the Harmonized Tariff Schedule of the United States for calendar years 1999, 2000, and 2001, compared to the production of such fabric by all manufacturers who qualify under subparagraph (A)(ii) for such grants. (iii) Any grant awarded by the Secretary under this paragraph shall be final and not subject to appeal or protest. (5) Authorization \nThere are authorized to be appropriated and are hereby appropriated out of amounts in the general fund of the Treasury not otherwise appropriated such sums as are necessary to carry out this subsection. (d) Effective date for duty reduction \nThe amendment made by subsection (a)(1)(B) shall apply to goods entered, or withdrawn from warehouse for consumption, on or after January 1, 2005.", "id": "H5F39A6656AB941DCB49E011DE68B00D2", "header": "Extension and modification of duty suspension on wool products, wool research fund, wool duty refunds", "nested": [ { "text": "(a) Extension of temporary duty reductions \n(1) Heading 9902.51.11 \nHeading 9902.51.11 of the Harmonized Tariff Schedule of the United States is amended— (A) by striking 2005 and inserting 2010 ; and (B) by striking 17.5% and inserting 10%. (2) Heading 9902.51.12 \nHeading 9902.51.12 of the Harmonized Tariff Schedule of the United States is amended by striking 2005 and inserting 2010. (3) Heading 9902.51.13 \nHeading 9902.51.13 of the Harmonized Tariff Schedule of the United States is amended by striking 2005 and inserting 2010. (4) Heading 9902.51.14 \nHeading 9902.51.14 of the Harmonized Tariff Schedule of the United States is amended by striking 2005 and inserting 2010.", "id": "H83F8DDCCBBE34401ACA1515939DF733", "header": "Extension of temporary duty reductions", "nested": [], "links": [] }, { "text": "(b) Modification of limitation on quantity of imports \n(1) Note 15 \nU.S. Note 15 to subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended— (A) by striking and after 2002, ; and (B) by striking year 2003 and all that follows through the end period and inserting the following: years 2003 and 2004, and 5,500,000 square meter equivalents in calendar year 2005 and each calendar year thereafter for the benefit of persons who cut and sew men’s and boys’ worsted wool suits and suit-like jackets and trousers in the United States, allocated as required by section 501(e)(1) of the Trade and Development Act of 2000.. (2) Note 16 \nU.S. Note 16 to subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended— (A) by striking shall be limited to 1,500,000 and inserting shall be limited to— (1) 1,500,000 ; (B) by striking and after 2002, ; and (C) by striking year 2003 and all that follows through the end period and inserting the following: years 2003 and 2004, 5,000,000 square meter equivalents in calendar year 2005 and each calendar year thereafter for the benefit of persons who cut and sew men’s and boys’ worsted wool suits and suit-like jackets and trousers in the United States, allocated as required by section 501(e)(1) of the Trade and Development Act of 2000; and (b) 2,000,000 square meter equivalents in calendar year 2005 and each calendar year thereafter for the benefit of manufacturers who weave worsted wool fabric in the United States suitable for use in men’s and boys’ suits, allocated as required by section 501(e)(2) of the Trade and Development Act of 2000.. (3) Conforming amendments \n(A) Sunset staged reduction requirement \nSection 501(a)(2) of the Trade and Development Act of 2000 ( Public Law 106–200 ; 114 Stat. 299) is amended by inserting before the period for goods entered, or withdrawn from warehouse for consumption, before January 1, 2005. (B) Allocation of tariff rate quotas \nSection 501(e) of the Trade and Development Act of 2000 ( Public Law 106–200 ; 114 Stat. 300) is amended— (i) by striking In implementing and inserting (1) In implementing ; (ii) by striking 16 and inserting 16(a) ; and (iii) by adding at the end the following: (2) In implementing the limitation on the quantity of worsted wool fabrics under heading 9902.51.12 of the Harmonized Tariff Schedule of the United States, as required by U.S. Note 16(b) of subchapter II of chapter 99 of such Schedule, for the entry, or withdrawal from warehouse for consumption, the Secretary of Commerce shall adopt regulations to allocate fairly such quantity to manufacturers who weave worsted wool fabric in the United States suitable for use in men’s and boys’ suits and who apply for an allocation.. (C) Sunset authority to modify limitation on quantity \nSection 504(b) of the Trade and Development Act of 2000 ( Public Law 106–200 ; 114 Stat. 301) is repealed, effective January 1, 2005.", "id": "H727D27D767F34B05AF5006C5AD161DA2", "header": "Modification of limitation on quantity of imports", "nested": [], "links": [ { "text": "Public Law 106–200", "legal-doc": "public-law", "parsable-cite": "pl/106/200" }, { "text": "Public Law 106–200", "legal-doc": "public-law", "parsable-cite": "pl/106/200" }, { "text": "Public Law 106–200", "legal-doc": "public-law", "parsable-cite": "pl/106/200" } ] }, { "text": "(c) Extension of duty refunds and wool research trust fund \n(1) In general \nThe United States Customs Service shall pay to each manufacturer that receives a payment during calendar year 2005 under section 505 of the Trade and Development Act of 2000 ( Public Law 106–200 ; 114 Stat. 303), as amended by section 5101 of the Trade Act of 2002 (116 Stat. 1041), and that provides an affidavit, no later than March 1 of the year of the payment, that it remains a manufacturer in the United States as of January 1 of the year of the payment, 5 additional payments, each payment equal to the payment received for calendar year 2005 as follows: (A) The first payment to be made after January 1, 2006, but on or before April 15, 2006. (B) The second, third, fourth, and fifth payments to be made after January 1, but on or before April 15, of each of the following four calendar years. (2) Successor-in-interest \nAny manufacturer that becomes a successor-in-interest to a claimant of a payment under section 505 of the Trade and Development Act of 2000, as amended by section 5101 of the Trade Act of 2002, because of— (A) an assignment of the claim, (B) an assignment of the original claimant’s right to manufacture under the same trade name, (C) a reorganization, or otherwise, shall be eligible to claim the payment as if the successor manufacturer were the original claimant, without regard to section 3727 of title 31, United States Code. Such right to claim payment as a successor shall be effective as if the right were included in section 505 of the Trade and Development Act of 2000. (3) Extension of wool research, development, and promotion trust fund \nSection 506(f) of the Trade and Development Act of 2000 ( Public Law 106–200 ; 114 Stat. 303), as amended by section 5102(c)(2) of the Trade Act of 2002 (116 Stat. 1047), is amended by striking 2006 and inserting 2011. (4) Commerce authority to promote domestic employment \n(A) Grants to manufacturers of worsted wool fabrics \nThe Secretary of Commerce shall provide to— (i) persons who were, during calendar years 1999, 2000, and 2001, manufacturers of worsted wool fabric of the kind described in heading 9902.51.12 of the Harmonized Tariff Schedule of the United States, and (ii) persons who were, during such calendar years, manufacturers of worsted wool fabric of the kind described in heading 9902.51.11 of the Harmonized Tariff Schedule of the United States, grants in each of calendar years 2005 through 2010 in the amounts determined under subparagraph (B). (B) Amounts \n(i) The total amount of grants to manufacturers under subparagraph (A)(i) shall be $2,666,000 each calendar year, allocated among such manufacturers on the basis of the percentage of each manufacturer’s production of the fabric described in heading 9902.51.12 of the Harmonized Tariff Schedule of the United States for calendar years 1999, 2000, and 2001, compared to the production of such fabric by all such manufacturers who qualify under subparagraph (A)(i) for such grants. (ii) The total amount of grants to manufacturers under subparagraph (A)(ii) shall be $2,666,000 each calendar year, allocated among such manufacturers on the basis of the percentage of each manufacturer’s production of the fabric described in heading 9902.51.11 of the Harmonized Tariff Schedule of the United States for calendar years 1999, 2000, and 2001, compared to the production of such fabric by all manufacturers who qualify under subparagraph (A)(ii) for such grants. (iii) Any grant awarded by the Secretary under this paragraph shall be final and not subject to appeal or protest. (5) Authorization \nThere are authorized to be appropriated and are hereby appropriated out of amounts in the general fund of the Treasury not otherwise appropriated such sums as are necessary to carry out this subsection.", "id": "H73F36B3835D441A89F4D15DFC22BC8A", "header": "Extension of duty refunds and wool research trust fund", "nested": [], "links": [ { "text": "Public Law 106–200", "legal-doc": "public-law", "parsable-cite": "pl/106/200" }, { "text": "section 3727", "legal-doc": "usc", "parsable-cite": "usc/31/3727" }, { "text": "Public Law 106–200", "legal-doc": "public-law", "parsable-cite": "pl/106/200" } ] }, { "text": "(d) Effective date for duty reduction \nThe amendment made by subsection (a)(1)(B) shall apply to goods entered, or withdrawn from warehouse for consumption, on or after January 1, 2005.", "id": "H3C0064004BDE49E089E0D0CEE428A964", "header": "Effective date for duty reduction", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 106–200", "legal-doc": "public-law", "parsable-cite": "pl/106/200" }, { "text": "Public Law 106–200", "legal-doc": "public-law", "parsable-cite": "pl/106/200" }, { "text": "Public Law 106–200", "legal-doc": "public-law", "parsable-cite": "pl/106/200" }, { "text": "Public Law 106–200", "legal-doc": "public-law", "parsable-cite": "pl/106/200" }, { "text": "section 3727", "legal-doc": "usc", "parsable-cite": "usc/31/3727" }, { "text": "Public Law 106–200", "legal-doc": "public-law", "parsable-cite": "pl/106/200" } ] }, { "text": "3. Labeling of wool products to facilitate compliance and protect consumers \n(a) In general \nSection 4 of the Wool Products Labeling Act of 1939 ( 15 U.S.C. 68b(a) ) is amended by adding at the end the following new paragraph: (5) In the case of a wool product stamped, tagged, labeled, or otherwise identified as— (A) Super 80’s or 80’s , if the average fiber diameter thereof does not average 19.5 microns or finer; (B) Super 90’s or 90’s , if the average fiber diameter thereof does not average 19.0 microns or finer; (C) Super 100’s or 100’s , if the average fiber diameter thereof does not average 18.5 microns or finer; (D) Super 110’s or 110’s , if the average diameter of wool fiber thereof does not average 18.0 microns or finer; (E) Super 120’s or 120’s , if the average diameter of wool fiber thereof does not average 17.5 microns or finer; (F) Super 130’s or 130’s , if the average diameter of wool fiber thereof does not average 17.0 microns or finer; (G) Super 140’s or 140’s , if the average diameter of wool fiber thereof does not average 16.5 microns or finer; (H) Super 150’s or 150’s , if the average diameter of wool fiber thereof does not average 16.0 microns or finer; (I) Super 160’s or 160’s , if the average diameter of wool fiber thereof does not average 15.5 microns or finer; (J) Super 170’s or 170’s , if the average diameter of wool fiber thereof does not average 15.0 microns or finer; (K) Super 180’s or 180’s , if the average diameter of wool fiber thereof does not average 14.5 microns or finer; (L) Super 190’s or 190’s , if the average diameter of wool fiber thereof does not average 14.0 microns or finer; (M) Super 200’s or 200’s , if the average diameter of wool fiber thereof does not average 13.5 microns or finer; and (N) Super 210’s or 210’s , if the average diameter of wool fiber thereof does not average 13.0 microns or finer. In each such case, the average fiber diameter may be subject to a variation of 0.25 microns, and may be subject to such other standards or deviations therefrom as adopted by regulation by the Commission.. (b) Effective date \nThe amendments made by this section shall apply to wool products manufactured on or after January 1, 2005.", "id": "H43F01C1AB4E84504A781C129660097C8", "header": "Labeling of wool products to facilitate compliance and protect consumers", "nested": [ { "text": "(a) In general \nSection 4 of the Wool Products Labeling Act of 1939 ( 15 U.S.C. 68b(a) ) is amended by adding at the end the following new paragraph: (5) In the case of a wool product stamped, tagged, labeled, or otherwise identified as— (A) Super 80’s or 80’s , if the average fiber diameter thereof does not average 19.5 microns or finer; (B) Super 90’s or 90’s , if the average fiber diameter thereof does not average 19.0 microns or finer; (C) Super 100’s or 100’s , if the average fiber diameter thereof does not average 18.5 microns or finer; (D) Super 110’s or 110’s , if the average diameter of wool fiber thereof does not average 18.0 microns or finer; (E) Super 120’s or 120’s , if the average diameter of wool fiber thereof does not average 17.5 microns or finer; (F) Super 130’s or 130’s , if the average diameter of wool fiber thereof does not average 17.0 microns or finer; (G) Super 140’s or 140’s , if the average diameter of wool fiber thereof does not average 16.5 microns or finer; (H) Super 150’s or 150’s , if the average diameter of wool fiber thereof does not average 16.0 microns or finer; (I) Super 160’s or 160’s , if the average diameter of wool fiber thereof does not average 15.5 microns or finer; (J) Super 170’s or 170’s , if the average diameter of wool fiber thereof does not average 15.0 microns or finer; (K) Super 180’s or 180’s , if the average diameter of wool fiber thereof does not average 14.5 microns or finer; (L) Super 190’s or 190’s , if the average diameter of wool fiber thereof does not average 14.0 microns or finer; (M) Super 200’s or 200’s , if the average diameter of wool fiber thereof does not average 13.5 microns or finer; and (N) Super 210’s or 210’s , if the average diameter of wool fiber thereof does not average 13.0 microns or finer. In each such case, the average fiber diameter may be subject to a variation of 0.25 microns, and may be subject to such other standards or deviations therefrom as adopted by regulation by the Commission..", "id": "H3735D8F390BC4F7BB6478811002F0087", "header": "In general", "nested": [], "links": [ { "text": "15 U.S.C. 68b(a)", "legal-doc": "usc", "parsable-cite": "usc/15/68b" } ] }, { "text": "(b) Effective date \nThe amendments made by this section shall apply to wool products manufactured on or after January 1, 2005.", "id": "H92911BFEAAD54A16A986DBCA3DCC8B2", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "15 U.S.C. 68b(a)", "legal-doc": "usc", "parsable-cite": "usc/15/68b" } ] } ]

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

[ { "text": "1. Vaughn Gross 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 Vaughn Gross Post Office Building. (b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Vaughn Gross Post Office Building.", "id": "H437C57F238F446BEAA6736927E64335E", "header": "Vaughn Gross 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 Vaughn Gross Post Office Building.", "id": "H4C92DD9730F14B78BC00A3F78BE794C", "header": "Designation", "nested": [], "links": [] }, { "text": "(b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Vaughn Gross Post Office Building.", "id": "HA186F8D5A585424CA5EE1EADD214DEA5", "header": "References", "nested": [], "links": [] } ], "links": [] } ]

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

[ { "text": "1. Short title \nThis Act may be cited as.", "id": "H748EE30D26534A3C80D124281D02AE80", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Provision of qualified family caregiver services under the medicare program \n(a) In general \nSection 1891(a) of the Social Security Act ( 42 U.S.C. 1395bbb(a) ) is amended by adding at the end the following new paragraph: (7) (A) The agency permits an individual who is under its care to have home health aide services or personal care assistant services provided by a qualified family caregiver (as defined in subparagraph (B)) under an approved plan of care and provides for payment for the services of the caregiver, regardless of whether the caregiver is an employee of the agency, at a rate comparable to the rate otherwise paid for such services provided by other qualified personnel. In addition, in the case of such a caregiver the agency shall provide for appropriate training and oversight of such services by a registered nurse in the same or similar manner to that provided in the case of such services furnished by another qualified individual and shall provide the caregiver, as part of the plan of care, with educational information and resources related to family caregiver health and wellness. (B) For purposes of this paragraph, the term qualified family caregiver means, with respect to the provision of home health aide services or personal care assistant services to an individual, an individual who is a family caregiver (as defined in section 372(2) of the National Family Caregiver Support Act) of the individual and who demonstrates proficiency in the provision of the home health aide services or personal care assistant services involved to the satisfaction of the supervising registered professional nurse. (C) This paragraph shall supersede any other restriction of this title (including section 1862(a)(11)) on the provision of home health aide services or personal care assistant services by a qualified family caregiver described in subparagraph (B) on the basis of the caregiver’s relationship to the recipient of such services. This subparagraph shall not affect any disqualification of an individual from providing services on the basis of the individual’s lack of qualification to provide the services or on the basis of an exclusion of participation of the individual under part B of title XI. (D) The Secretary, in consultation with the Secretary of Labor, shall provide guidance to home health agencies on payment administration and management methodologies to facilitate the provision of home health aide services and personal assistant care services by qualified family caregivers under this paragraph.. (b) Effective date \nThe amendment made by subsection (a) shall take effect on January 1, 2005, and shall apply to services furnished on or after such date. (c) Construction \nNothing in this section shall be construed as preventing the application of fraud and abuse sanctions (including those under sections 1128, 1128A, and 1128B of the Social Security Act) with respect to family caregivers under section 1891(a)(7) of the Social Security Act, as added by subsection (a), in the same manner as such sanctions may be applied to other individuals who provide home health aide services or personal assistant care services. (d) Prohibition of denial of services because of refusal of physical therapy services during rehabilitation \nNothing in title XVIII of the Social Security Act shall be construed as authorizing the exclusion of coverage of skilled nursing services for an individual who is 75 years of age or older as part of home health services solely on the basis of the individual’s refusal of physical therapy services during rehabilitation, regardless of whether such physical therapy services are part of the plan of care for the individual.", "id": "H41AB70A811F349F586004446DC74503F", "header": "Provision of qualified family caregiver services under the medicare program", "nested": [ { "text": "(a) In general \nSection 1891(a) of the Social Security Act ( 42 U.S.C. 1395bbb(a) ) is amended by adding at the end the following new paragraph: (7) (A) The agency permits an individual who is under its care to have home health aide services or personal care assistant services provided by a qualified family caregiver (as defined in subparagraph (B)) under an approved plan of care and provides for payment for the services of the caregiver, regardless of whether the caregiver is an employee of the agency, at a rate comparable to the rate otherwise paid for such services provided by other qualified personnel. In addition, in the case of such a caregiver the agency shall provide for appropriate training and oversight of such services by a registered nurse in the same or similar manner to that provided in the case of such services furnished by another qualified individual and shall provide the caregiver, as part of the plan of care, with educational information and resources related to family caregiver health and wellness. (B) For purposes of this paragraph, the term qualified family caregiver means, with respect to the provision of home health aide services or personal care assistant services to an individual, an individual who is a family caregiver (as defined in section 372(2) of the National Family Caregiver Support Act) of the individual and who demonstrates proficiency in the provision of the home health aide services or personal care assistant services involved to the satisfaction of the supervising registered professional nurse. (C) This paragraph shall supersede any other restriction of this title (including section 1862(a)(11)) on the provision of home health aide services or personal care assistant services by a qualified family caregiver described in subparagraph (B) on the basis of the caregiver’s relationship to the recipient of such services. This subparagraph shall not affect any disqualification of an individual from providing services on the basis of the individual’s lack of qualification to provide the services or on the basis of an exclusion of participation of the individual under part B of title XI. (D) The Secretary, in consultation with the Secretary of Labor, shall provide guidance to home health agencies on payment administration and management methodologies to facilitate the provision of home health aide services and personal assistant care services by qualified family caregivers under this paragraph..", "id": "H22D4959BEE2748BE904CEF3E24F4A379", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 1395bbb(a)", "legal-doc": "usc", "parsable-cite": "usc/42/1395bbb" } ] }, { "text": "(b) Effective date \nThe amendment made by subsection (a) shall take effect on January 1, 2005, and shall apply to services furnished on or after such date.", "id": "H3F9AD21F74A446BA8EA3D400FF14D113", "header": "Effective date", "nested": [], "links": [] }, { "text": "(c) Construction \nNothing in this section shall be construed as preventing the application of fraud and abuse sanctions (including those under sections 1128, 1128A, and 1128B of the Social Security Act) with respect to family caregivers under section 1891(a)(7) of the Social Security Act, as added by subsection (a), in the same manner as such sanctions may be applied to other individuals who provide home health aide services or personal assistant care services.", "id": "H2EAD788A8B994EF1A6D2FE4B7F469609", "header": "Construction", "nested": [], "links": [] }, { "text": "(d) Prohibition of denial of services because of refusal of physical therapy services during rehabilitation \nNothing in title XVIII of the Social Security Act shall be construed as authorizing the exclusion of coverage of skilled nursing services for an individual who is 75 years of age or older as part of home health services solely on the basis of the individual’s refusal of physical therapy services during rehabilitation, regardless of whether such physical therapy services are part of the plan of care for the individual.", "id": "HBE213D0D76E041F500832BD37B553505", "header": "Prohibition of denial of services because of refusal of physical therapy services during rehabilitation", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1395bbb(a)", "legal-doc": "usc", "parsable-cite": "usc/42/1395bbb" } ] }, { "text": "3. Amendments to Family and Medical Leave Act of 1993 \n(a) Inclusion of nurse practitioners as health care \nSection 101(6)(C) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611(6)(C) ) is amended— (1) by striking or at the end of subparagraph (A); (2) by redesignating subparagraph (B) as subparagraph (C); and (3) by inserting after subparagraph (A) the following new subparagraph: (B) a nurse practitioner; or. (b) Extension to domestic partners \nSection 101(13) of such Act ( 29 U.S.C. 2611(13) ) is amended by inserting before the period at the end the following: , and includes a domestic or civil partner registered or recognized under the applicable domestic or civil partnership of State or local law. (c) Extension of period of family or medical leave for spouses employed by same employer \nSection 102(f) of such Act ( 29 U.S.C. 2612(f) ) is amended 12 workweeks and inserting 24 workweeks. (d) Clarification of coverage of outpatient hospice care \nSection 101(11) of such Act ( 29 U.S.C. 2611(11) ) is amended— (1) by striking or at the end of subparagraph (A); (2) by redesignating subparagraph (B) as subparagraph (C); and (3) by inserting after subparagraph (A) the following new subparagraph: (B) hospice care; or.", "id": "HFF6099C04D094EBDB33E0955B5E23534", "header": "Amendments to Family and Medical Leave Act of 1993", "nested": [ { "text": "(a) Inclusion of nurse practitioners as health care \nSection 101(6)(C) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611(6)(C) ) is amended— (1) by striking or at the end of subparagraph (A); (2) by redesignating subparagraph (B) as subparagraph (C); and (3) by inserting after subparagraph (A) the following new subparagraph: (B) a nurse practitioner; or.", "id": "H80F80649395E4F00A0D40091CEEF212B", "header": "Inclusion of nurse practitioners as health care", "nested": [], "links": [ { "text": "29 U.S.C. 2611(6)(C)", "legal-doc": "usc", "parsable-cite": "usc/29/2611" } ] }, { "text": "(b) Extension to domestic partners \nSection 101(13) of such Act ( 29 U.S.C. 2611(13) ) is amended by inserting before the period at the end the following: , and includes a domestic or civil partner registered or recognized under the applicable domestic or civil partnership of State or local law.", "id": "HB7C7871376ED4D21A2E0CA58C2EB8D3D", "header": "Extension to domestic partners", "nested": [], "links": [ { "text": "29 U.S.C. 2611(13)", "legal-doc": "usc", "parsable-cite": "usc/29/2611" } ] }, { "text": "(c) Extension of period of family or medical leave for spouses employed by same employer \nSection 102(f) of such Act ( 29 U.S.C. 2612(f) ) is amended 12 workweeks and inserting 24 workweeks.", "id": "HF5826D3899044049909EB0D500E528B8", "header": "Extension of period of family or medical leave for spouses employed by same employer", "nested": [], "links": [ { "text": "29 U.S.C. 2612(f)", "legal-doc": "usc", "parsable-cite": "usc/29/2612" } ] }, { "text": "(d) Clarification of coverage of outpatient hospice care \nSection 101(11) of such Act ( 29 U.S.C. 2611(11) ) is amended— (1) by striking or at the end of subparagraph (A); (2) by redesignating subparagraph (B) as subparagraph (C); and (3) by inserting after subparagraph (A) the following new subparagraph: (B) hospice care; or.", "id": "HD394B6C0CF31494583A9FD7C002900FC", "header": "Clarification of coverage of outpatient hospice care", "nested": [], "links": [ { "text": "29 U.S.C. 2611(11)", "legal-doc": "usc", "parsable-cite": "usc/29/2611" } ] } ], "links": [ { "text": "29 U.S.C. 2611(6)(C)", "legal-doc": "usc", "parsable-cite": "usc/29/2611" }, { "text": "29 U.S.C. 2611(13)", "legal-doc": "usc", "parsable-cite": "usc/29/2611" }, { "text": "29 U.S.C. 2612(f)", "legal-doc": "usc", "parsable-cite": "usc/29/2612" }, { "text": "29 U.S.C. 2611(11)", "legal-doc": "usc", "parsable-cite": "usc/29/2611" } ] } ]

[ "Oversight and Accountability Committee", "Education and the Workforce Committee", "Energy and Commerce Committee", "Ways and Means Committee", "Committee on House Administration" ]

[ { "text": "1. SHORT TITLE \nThis Act may be cited as the White River National Forest Improvement Act of 2004.", "id": "H37202E5DB3744AA5B7B11209A88B68E", "header": "SHORT TITLE", "nested": [], "links": [] }, { "text": "2. Administrative sites conveyance authority, White River National Forest, Colorado \n(a) Findings \nThe Congress finds the following: (1) The White River National Forest in Colorado (in this section referred to as the Forest ) is one of the most visited recreation forests in the United States, but the administrative facilities of the Forest have become outdated and prohibitively expensive to operate and maintain. (2) The recently completed facility master plan for the Forest, entitled Facility Master Plan, White River National Forest and dated March 2003, including Appendix 3 of the plan, entitled Baseline Analysis and Strategic Recommendations (in this section referred to as the Facility Master Plan and Appendix 3 ), provides an excellent model for solving the facilities needs of the Forest so as to better serve the public and otherwise fulfill the mission of the Forest. (b) Special conveyance authority \n(1) Authority provided \nThe Secretary of Agriculture is authorized to sell, lease, exchange or otherwise convey, under such terms and conditions as the Secretary may prescribe, any or all right, title, and interest of the United States in and to the following parcels of real property, including improvements thereon, within the Forest, as identified for disposal in the Facility Master Plan and Appendix 3: (A) Parcel A \nShop/Barracks/Residential Compound, 10.9 acres, more or less. (B) Parcel B \nEagle D.O. and dwelling unit, 0.3 acres, more or less. (C) Parcel C \nEagle Shop/Pasture compound, 8.0 acres, more or less. (D) Parcel D \nWashington Street Residence, 0.2 acres, more or less. (E) Parcel E \nHoly Cross D.O. (Dowd Junction), 10 acres, more or less. (F) Parcel F \nMartin Property, 11.7 acres, more or less. (G) Parcel G \nBone Yard/Storage Area, 5 acres, more or less. (H) Parcel H \nHousing Compound, 7 acres, more or less. (I) Parcel I \nCross Creek Parcel, 10 acres, more or less. (J) Parcel J \nDwelling 355 Fairway, 0.2 acres, more or less. (K) Parcel K \nDwelling 236 Fairway, 0.2 acres, more or less. (L) Parcel L \nSopris D.O. (Site #300), 1.2 acres, more or less. (M) Parcel M \nSopris Pasture (Site #380), 11 acres, more or less. (N) Parcel N \nOld Tree Nursery (Site #360), 29 acres, more or less. (O) Parcel O \nSO Shop (Site #610), 0.66 acres, more or less. (P) Parcel P \nAirport Site, 4.0 acres, more or less. (2) Inclusion of additional parcels \nThe Secretary may use the authority provided by this section to convey other real property in the Forest that is excess or extraneous to the needs of the Forest Service and is used predominantly for administrative purposes. The Secretary may include the approximately 3.0 acre administrative parcel in Aspen, Colorado, but the Secretary may only convey that parcel by lease or other contractual arrangement so that the United States retains fee ownership of the parcel. (3) Descriptions \nThe Secretary may modify the description of a parcel of real property referred to in paragraph (1) to correct errors or to reconfigure the parcel to facilitate a conveyance. (c) Consideration \n(1) Acceptance and forms \nAs consideration for the conveyance of real property under this section, the Secretary of Agriculture may accept cash, land, improvements, operational and maintenance services related to the administrative facilities of the Forest, or a combination thereof. (2) Use \nSubject to subsection (e), the Secretary shall utilize the parcels of real property referred to in subsection (b)(1) and the consideration received under this subsection in connection with implementing the financial arrangements, including public/private partnership transactions and full solution transactional packages, described in the Facility Master Plan and Appendix 3. The Secretary may modify the details of the Facility Master Plan and Appendix 3 consistent with the goal of solving the facilities needs of the Forest so as to better serve the public and otherwise fulfill the mission of the Forest. (3) Valuation \nAny appraisal of real property considered necessary or desirable by the Secretary to carry out a conveyance under this section shall conform to the Uniform Appraisal Standards for Federal Land Acquisitions. (4) Cash equalization \nNotwithstanding any other provision of law, the Secretary may accept a cash equalization payment in excess of 25 percent of the value of any real property conveyed under this section by exchange. (d) Methods and manner of conveyance \n(1) Solicitations of offers \nThe Secretary of Agriculture may— (A) solicit offers for the sale, lease, exchange, or other conveyance of parcels of real property under this section on such terms and conditions as the Secretary may prescribe; and (B) reject any offer that the Secretary determines is not adequate or not in the public interest. (2) Use of competitive methods \nThe Secretary shall convey a parcel of real property under this section utilizing competitive processes, including competitive solicitation by auction, bid, or otherwise, except insofar as the Secretary determines that other procedures are required to facilitate the conveyance of the parcel. (3) Use of brokers \nThe Secretary may utilize brokers or other third parties in the conveyance of real property under this section and, from the proceeds of the conveyance, may pay reasonable commissions or fees for services rendered. (e) Treatment of receipts \n(1) Deposit in sisk act fund \nThe Secretary of Agriculture shall deposit the net receipts of a conveyance under this section in the fund established by Public Law 90–171 (commonly known as the Sisk Act ; 16 U.S.C. 484a ). (2) Relation to other forest receipts \nThe receipts from a conveyance under this section shall not be paid or distributed to the State of Colorado or any county in the State under any provision of law or otherwise be considered as moneys received from the National Forest System for purposes of the Act of May 23, 1908, or the Act of March 1, 1911 ( 16 U.S.C. 500 ), or the Act of March 4, 1913 ( 16 U.S.C. 501 ). (3) Use of receipts \nAmounts deposited pursuant to paragraph (1) shall be available to the Secretary for expenditure, without further appropriation, for the acquisition, construction, operation, and maintenance of administrative improvements in the Forest, including provisions for employee housing, in connection with implementing the financial arrangements, including public/private partnership transactions and full solution transactional packages, described in the Facility Master Plan and Appendix 3, subject to such modifications of the Facility Master Plan and Appendix 3 as the Secretary may make under subsection (c). (f) Miscellaneous provisions \n(1) Withdrawal \nSubject to valid existing rights, the parcels of real property referred to in subsection (b)(1) are withdrawn from location, entry, and patent under the mining laws of the United States. (2) Inapplicable Authorities \nSubchapters II and III of chapter 5 of title 40, United States Code, and the Agriculture Property Management Regulations shall not apply to any action taken pursuant to this section. (g) Authorization for Appropriations \nThere are authorized to be appropriated such sums as are necessary to carry out this section.", "id": "H043A6C637CA443048FCEAC9C2F6425ED", "header": "Administrative sites conveyance authority, White River National Forest, Colorado", "nested": [ { "text": "(a) Findings \nThe Congress finds the following: (1) The White River National Forest in Colorado (in this section referred to as the Forest ) is one of the most visited recreation forests in the United States, but the administrative facilities of the Forest have become outdated and prohibitively expensive to operate and maintain. (2) The recently completed facility master plan for the Forest, entitled Facility Master Plan, White River National Forest and dated March 2003, including Appendix 3 of the plan, entitled Baseline Analysis and Strategic Recommendations (in this section referred to as the Facility Master Plan and Appendix 3 ), provides an excellent model for solving the facilities needs of the Forest so as to better serve the public and otherwise fulfill the mission of the Forest.", "id": "H8C9362CB1447480588F7009DA9C7F1E1", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Special conveyance authority \n(1) Authority provided \nThe Secretary of Agriculture is authorized to sell, lease, exchange or otherwise convey, under such terms and conditions as the Secretary may prescribe, any or all right, title, and interest of the United States in and to the following parcels of real property, including improvements thereon, within the Forest, as identified for disposal in the Facility Master Plan and Appendix 3: (A) Parcel A \nShop/Barracks/Residential Compound, 10.9 acres, more or less. (B) Parcel B \nEagle D.O. and dwelling unit, 0.3 acres, more or less. (C) Parcel C \nEagle Shop/Pasture compound, 8.0 acres, more or less. (D) Parcel D \nWashington Street Residence, 0.2 acres, more or less. (E) Parcel E \nHoly Cross D.O. (Dowd Junction), 10 acres, more or less. (F) Parcel F \nMartin Property, 11.7 acres, more or less. (G) Parcel G \nBone Yard/Storage Area, 5 acres, more or less. (H) Parcel H \nHousing Compound, 7 acres, more or less. (I) Parcel I \nCross Creek Parcel, 10 acres, more or less. (J) Parcel J \nDwelling 355 Fairway, 0.2 acres, more or less. (K) Parcel K \nDwelling 236 Fairway, 0.2 acres, more or less. (L) Parcel L \nSopris D.O. (Site #300), 1.2 acres, more or less. (M) Parcel M \nSopris Pasture (Site #380), 11 acres, more or less. (N) Parcel N \nOld Tree Nursery (Site #360), 29 acres, more or less. (O) Parcel O \nSO Shop (Site #610), 0.66 acres, more or less. (P) Parcel P \nAirport Site, 4.0 acres, more or less. (2) Inclusion of additional parcels \nThe Secretary may use the authority provided by this section to convey other real property in the Forest that is excess or extraneous to the needs of the Forest Service and is used predominantly for administrative purposes. The Secretary may include the approximately 3.0 acre administrative parcel in Aspen, Colorado, but the Secretary may only convey that parcel by lease or other contractual arrangement so that the United States retains fee ownership of the parcel. (3) Descriptions \nThe Secretary may modify the description of a parcel of real property referred to in paragraph (1) to correct errors or to reconfigure the parcel to facilitate a conveyance.", "id": "HC8A487F98C644AF4ABFB0230A629DA49", "header": "Special conveyance authority", "nested": [], "links": [] }, { "text": "(c) Consideration \n(1) Acceptance and forms \nAs consideration for the conveyance of real property under this section, the Secretary of Agriculture may accept cash, land, improvements, operational and maintenance services related to the administrative facilities of the Forest, or a combination thereof. (2) Use \nSubject to subsection (e), the Secretary shall utilize the parcels of real property referred to in subsection (b)(1) and the consideration received under this subsection in connection with implementing the financial arrangements, including public/private partnership transactions and full solution transactional packages, described in the Facility Master Plan and Appendix 3. The Secretary may modify the details of the Facility Master Plan and Appendix 3 consistent with the goal of solving the facilities needs of the Forest so as to better serve the public and otherwise fulfill the mission of the Forest. (3) Valuation \nAny appraisal of real property considered necessary or desirable by the Secretary to carry out a conveyance under this section shall conform to the Uniform Appraisal Standards for Federal Land Acquisitions. (4) Cash equalization \nNotwithstanding any other provision of law, the Secretary may accept a cash equalization payment in excess of 25 percent of the value of any real property conveyed under this section by exchange.", "id": "HED929DF648DF4DCEB650C4D72FBA00DE", "header": "Consideration", "nested": [], "links": [] }, { "text": "(d) Methods and manner of conveyance \n(1) Solicitations of offers \nThe Secretary of Agriculture may— (A) solicit offers for the sale, lease, exchange, or other conveyance of parcels of real property under this section on such terms and conditions as the Secretary may prescribe; and (B) reject any offer that the Secretary determines is not adequate or not in the public interest. (2) Use of competitive methods \nThe Secretary shall convey a parcel of real property under this section utilizing competitive processes, including competitive solicitation by auction, bid, or otherwise, except insofar as the Secretary determines that other procedures are required to facilitate the conveyance of the parcel. (3) Use of brokers \nThe Secretary may utilize brokers or other third parties in the conveyance of real property under this section and, from the proceeds of the conveyance, may pay reasonable commissions or fees for services rendered.", "id": "H1956F8A8D68B429CA84993E3511460DD", "header": "Methods and manner of conveyance", "nested": [], "links": [] }, { "text": "(e) Treatment of receipts \n(1) Deposit in sisk act fund \nThe Secretary of Agriculture shall deposit the net receipts of a conveyance under this section in the fund established by Public Law 90–171 (commonly known as the Sisk Act ; 16 U.S.C. 484a ). (2) Relation to other forest receipts \nThe receipts from a conveyance under this section shall not be paid or distributed to the State of Colorado or any county in the State under any provision of law or otherwise be considered as moneys received from the National Forest System for purposes of the Act of May 23, 1908, or the Act of March 1, 1911 ( 16 U.S.C. 500 ), or the Act of March 4, 1913 ( 16 U.S.C. 501 ). (3) Use of receipts \nAmounts deposited pursuant to paragraph (1) shall be available to the Secretary for expenditure, without further appropriation, for the acquisition, construction, operation, and maintenance of administrative improvements in the Forest, including provisions for employee housing, in connection with implementing the financial arrangements, including public/private partnership transactions and full solution transactional packages, described in the Facility Master Plan and Appendix 3, subject to such modifications of the Facility Master Plan and Appendix 3 as the Secretary may make under subsection (c).", "id": "H8400C84F34AF4B09B78F3BD8B157DB6E", "header": "Treatment of receipts", "nested": [], "links": [ { "text": "Public Law 90–171", "legal-doc": "public-law", "parsable-cite": "pl/90/171" }, { "text": "16 U.S.C. 484a", "legal-doc": "usc", "parsable-cite": "usc/16/484a" }, { "text": "16 U.S.C. 500", "legal-doc": "usc", "parsable-cite": "usc/16/500" }, { "text": "16 U.S.C. 501", "legal-doc": "usc", "parsable-cite": "usc/16/501" } ] }, { "text": "(f) Miscellaneous provisions \n(1) Withdrawal \nSubject to valid existing rights, the parcels of real property referred to in subsection (b)(1) are withdrawn from location, entry, and patent under the mining laws of the United States. (2) Inapplicable Authorities \nSubchapters II and III of chapter 5 of title 40, United States Code, and the Agriculture Property Management Regulations shall not apply to any action taken pursuant to this section.", "id": "HFA045C53ABBB4F40B2EE18D47677190", "header": "Miscellaneous provisions", "nested": [], "links": [ { "text": "chapter 5", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/40/5" } ] }, { "text": "(g) Authorization for Appropriations \nThere are authorized to be appropriated such sums as are necessary to carry out this section.", "id": "H884032092589482FB9CCF43F036946DF", "header": "Authorization for Appropriations", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 90–171", "legal-doc": "public-law", "parsable-cite": "pl/90/171" }, { "text": "16 U.S.C. 484a", "legal-doc": "usc", "parsable-cite": "usc/16/484a" }, { "text": "16 U.S.C. 500", "legal-doc": "usc", "parsable-cite": "usc/16/500" }, { "text": "16 U.S.C. 501", "legal-doc": "usc", "parsable-cite": "usc/16/501" }, { "text": "chapter 5", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/40/5" } ] } ]

[ "Natural Resources Committee" ]

[ { "text": "1. Suspension of duty on Acid blue 324 \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: 9902.32.05 Acid blue 324 (CAS No. 70571-81-2) (provided for in subheading 3204.12.45) Free No Change No Change On or before 12/31/2007 (b) Effective Date \nThe amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "H8ACB059D6E0B4C568790FA08C821B79B", "header": "Suspension of duty on Acid blue 324", "nested": [ { "text": "(a) In General \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.32.05 Acid blue 324 (CAS No. 70571-81-2) (provided for in subheading 3204.12.45) Free No Change No Change On or before 12/31/2007", "id": "H3C5F6A1AE2424F0EA9AA1BF4F8FB236E", "header": "In General", "nested": [], "links": [] }, { "text": "(b) Effective Date \nThe amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "HD6E18504BA394310A2F6C3CA1414000", "header": "Effective Date", "nested": [], "links": [] } ], "links": [] } ]

[ "Ways and Means Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Disability Benefit Fairness Act of 2004.", "id": "H30E49096FFB143E691798D67B68372ED", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Elimination of 5-month waiting period for benefits based on disability \n(a) Disability insurance benefits \n(1) In general \nThe first sentence of section 223(a)(1) of the Social Security Act ( 42 U.S.C. 423(a)(1) ) is amended by striking (i) for each month and all that follows through the first month in which he is under such disability and inserting the following: for each month beginning with the first month during all of which such individual is under a disability and in which such individual becomes so entitled to such insurance benefits. (2) Waiting period eliminated from determination of benefit amount \n(A) In general \nThe first sentence of section 223(a)(2) of such Act ( 42 U.S.C. 423(a)(2) ) is amended by striking in— and all that follows through and as though and inserting the following: in the first month for which such individual becomes entitled to such disability insurance benefits, and as though. (B) Conforming amendment \nThe second sentence of section 223(a)(2) of such Act ( 42 U.S.C. 423(a)(2) ) is amended by striking subparagraph (A) or (B) of such sentence, as the case may be and inserting such sentence. (3) Elimination of defined term \n(A) In general \nSection 223(c)(2) of such Act is repealed. (B) Conforming amendments \n(i) The heading of section 223(c) of such Act ( 42 U.S.C. 423(c) ) is amended to read as follows: Definition of Insured Status. (ii) Section 223(c)(1) of such Act ( 42 U.S.C. 423(c)(1) ) is amended by striking For purposes of subparagraph (B) of this paragraph, when the number of quarters in the last sentence and inserting the following: (2) In applying paragraph (1)(B), when the number of quarters. (b) Widow’s insurance benefits based on disability \n(1) In general \nSection 202(e)(1)(F) of such Act ( 42 U.S.C. 402(e)(1)(F) ) is amended to read as follows: (F) if she satisfies subparagraph (B) by reason of clause (ii) thereof, the first month during all of which she is under a disability and in which she becomes so entitled to such insurance benefits,. (2) Elimination of defined term \nSection 202(e) of such Act ( 42 U.S.C. 402(e) ) is amended— (A) by striking paragraph (5); and (B) by redesignating paragraphs (6), (7), (8), and (9) as paragraphs (5), (6), (7), and (8), respectively. (c) Widower’s insurance benefits based on disability \n(1) In general \nSection 202(f)(1)(F) of such Act ( 42 U.S.C. 402(f)(1)(F) ) is amended to read as follows: (F) if he satisfies subparagraph (B) by reason of clause (ii) thereof, the first month during all of which he is under a disability and in which he becomes so entitled to such insurance benefits,. (2) Elimination of defined term \nSection 202(f) of such Act ( 42 U.S.C. 402(f) ) is amended— (A) by striking paragraph (6); and (B) by redesignating paragraphs (7), (8), and (9) as paragraphs (6), (7), and (8), respectively. (d) Elimination of waiting period for commencement of periods of disability \nSection 216(i)(2)(A) of such Act ( 42 U.S.C. 416(i)(2)(A) ) is amended by striking , but only and all that follows and inserting a period. (e) Effective dates \nThe amendments made by subsection (a) shall apply only with respect to benefits under section 223 of the Social Security Act, or under section 202 of such Act on the basis of the wages and self-employment income of an individual entitled to benefits under such section 223, for months after the third month following the month in which this Act is enacted. The amendments made by subsections (b) and (c) shall apply only with respect to benefits based on disability under subsection (e) or (f) of section 202 of the Social Security Act ( 42 U.S.C. 402 ) for months after the third month following the month in which this Act is enacted. The amendment made by subsection (d) shall apply only with respect to applications for disability determinations filed under title II of the Social Security Act on or after the 90th day following the date of the enactment of this Act.", "id": "H84D573AB0E6940F1A8F4FFBEE32E48", "header": "Elimination of 5-month waiting period for benefits based on disability", "nested": [ { "text": "(a) Disability insurance benefits \n(1) In general \nThe first sentence of section 223(a)(1) of the Social Security Act ( 42 U.S.C. 423(a)(1) ) is amended by striking (i) for each month and all that follows through the first month in which he is under such disability and inserting the following: for each month beginning with the first month during all of which such individual is under a disability and in which such individual becomes so entitled to such insurance benefits. (2) Waiting period eliminated from determination of benefit amount \n(A) In general \nThe first sentence of section 223(a)(2) of such Act ( 42 U.S.C. 423(a)(2) ) is amended by striking in— and all that follows through and as though and inserting the following: in the first month for which such individual becomes entitled to such disability insurance benefits, and as though. (B) Conforming amendment \nThe second sentence of section 223(a)(2) of such Act ( 42 U.S.C. 423(a)(2) ) is amended by striking subparagraph (A) or (B) of such sentence, as the case may be and inserting such sentence. (3) Elimination of defined term \n(A) In general \nSection 223(c)(2) of such Act is repealed. (B) Conforming amendments \n(i) The heading of section 223(c) of such Act ( 42 U.S.C. 423(c) ) is amended to read as follows: Definition of Insured Status. (ii) Section 223(c)(1) of such Act ( 42 U.S.C. 423(c)(1) ) is amended by striking For purposes of subparagraph (B) of this paragraph, when the number of quarters in the last sentence and inserting the following: (2) In applying paragraph (1)(B), when the number of quarters.", "id": "H6CCBCB50C29947768B12993C1DE1D74", "header": "Disability insurance benefits", "nested": [], "links": [ { "text": "42 U.S.C. 423(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/423" }, { "text": "42 U.S.C. 423(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/423" }, { "text": "42 U.S.C. 423(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/423" }, { "text": "42 U.S.C. 423(c)", "legal-doc": "usc", "parsable-cite": "usc/42/423" }, { "text": "42 U.S.C. 423(c)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/423" } ] }, { "text": "(b) Widow’s insurance benefits based on disability \n(1) In general \nSection 202(e)(1)(F) of such Act ( 42 U.S.C. 402(e)(1)(F) ) is amended to read as follows: (F) if she satisfies subparagraph (B) by reason of clause (ii) thereof, the first month during all of which she is under a disability and in which she becomes so entitled to such insurance benefits,. (2) Elimination of defined term \nSection 202(e) of such Act ( 42 U.S.C. 402(e) ) is amended— (A) by striking paragraph (5); and (B) by redesignating paragraphs (6), (7), (8), and (9) as paragraphs (5), (6), (7), and (8), respectively.", "id": "H709E5D8902C14AF1009F2DF71E3D00D5", "header": "Widow’s insurance benefits based on disability", "nested": [], "links": [ { "text": "42 U.S.C. 402(e)(1)(F)", "legal-doc": "usc", "parsable-cite": "usc/42/402" }, { "text": "42 U.S.C. 402(e)", "legal-doc": "usc", "parsable-cite": "usc/42/402" } ] }, { "text": "(c) Widower’s insurance benefits based on disability \n(1) In general \nSection 202(f)(1)(F) of such Act ( 42 U.S.C. 402(f)(1)(F) ) is amended to read as follows: (F) if he satisfies subparagraph (B) by reason of clause (ii) thereof, the first month during all of which he is under a disability and in which he becomes so entitled to such insurance benefits,. (2) Elimination of defined term \nSection 202(f) of such Act ( 42 U.S.C. 402(f) ) is amended— (A) by striking paragraph (6); and (B) by redesignating paragraphs (7), (8), and (9) as paragraphs (6), (7), and (8), respectively.", "id": "HBC26F97F85574095AFDEB638FC1FA1D8", "header": "Widower’s insurance benefits based on disability", "nested": [], "links": [ { "text": "42 U.S.C. 402(f)(1)(F)", "legal-doc": "usc", "parsable-cite": "usc/42/402" }, { "text": "42 U.S.C. 402(f)", "legal-doc": "usc", "parsable-cite": "usc/42/402" } ] }, { "text": "(d) Elimination of waiting period for commencement of periods of disability \nSection 216(i)(2)(A) of such Act ( 42 U.S.C. 416(i)(2)(A) ) is amended by striking , but only and all that follows and inserting a period.", "id": "HE557D3A08CE84F15B55FC7AFDB388FC8", "header": "Elimination of waiting period for commencement of periods of disability", "nested": [], "links": [ { "text": "42 U.S.C. 416(i)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/416" } ] }, { "text": "(e) Effective dates \nThe amendments made by subsection (a) shall apply only with respect to benefits under section 223 of the Social Security Act, or under section 202 of such Act on the basis of the wages and self-employment income of an individual entitled to benefits under such section 223, for months after the third month following the month in which this Act is enacted. The amendments made by subsections (b) and (c) shall apply only with respect to benefits based on disability under subsection (e) or (f) of section 202 of the Social Security Act ( 42 U.S.C. 402 ) for months after the third month following the month in which this Act is enacted. The amendment made by subsection (d) shall apply only with respect to applications for disability determinations filed under title II of the Social Security Act on or after the 90th day following the date of the enactment of this Act.", "id": "H8E45FFEF185D4DCFAD4696342567E5CA", "header": "Effective dates", "nested": [], "links": [ { "text": "42 U.S.C. 402", "legal-doc": "usc", "parsable-cite": "usc/42/402" } ] } ], "links": [ { "text": "42 U.S.C. 423(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/423" }, { "text": "42 U.S.C. 423(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/423" }, { "text": "42 U.S.C. 423(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/423" }, { "text": "42 U.S.C. 423(c)", "legal-doc": "usc", "parsable-cite": "usc/42/423" }, { "text": "42 U.S.C. 423(c)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/423" }, { "text": "42 U.S.C. 402(e)(1)(F)", "legal-doc": "usc", "parsable-cite": "usc/42/402" }, { "text": "42 U.S.C. 402(e)", "legal-doc": "usc", "parsable-cite": "usc/42/402" }, { "text": "42 U.S.C. 402(f)(1)(F)", "legal-doc": "usc", "parsable-cite": "usc/42/402" }, { "text": "42 U.S.C. 402(f)", "legal-doc": "usc", "parsable-cite": "usc/42/402" }, { "text": "42 U.S.C. 416(i)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/416" }, { "text": "42 U.S.C. 402", "legal-doc": "usc", "parsable-cite": "usc/42/402" } ] }, { "text": "3. Elimination of reconsideration in the review process governing decisions on benefit entitlement \n(a) In general \nSection 205(b)(1) of the Social Security Act ( 42 U.S.C. 405(b)(1) ) is amended by adding at the end the following new sentence: Opportunity for a hearing under this title in accordance with this subsection with respect to any initial decision or determination under this title shall be available without any requirement for intervening reconsideration.. (b) Conforming amendments \nSection 205(b) of such Act is amended— (1) by striking paragraph (2); and (2) by redesignating paragraph (3) as paragraph (2). (c) Effective date \nThe amendments made by this section shall apply with respect to initial decisions and determinations (subject to opportunity for a hearing to the extent provided under section 205(b) of the Social Security Act) issued after 1 year after the date of the enactment of this Act.", "id": "H6B041C02C0F54193A9F168D03B194B4", "header": "Elimination of reconsideration in the review process governing decisions on benefit entitlement", "nested": [ { "text": "(a) In general \nSection 205(b)(1) of the Social Security Act ( 42 U.S.C. 405(b)(1) ) is amended by adding at the end the following new sentence: Opportunity for a hearing under this title in accordance with this subsection with respect to any initial decision or determination under this title shall be available without any requirement for intervening reconsideration..", "id": "H07848600A5634854A869F581406AAFF", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 405(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/405" } ] }, { "text": "(b) Conforming amendments \nSection 205(b) of such Act is amended— (1) by striking paragraph (2); and (2) by redesignating paragraph (3) as paragraph (2).", "id": "H3C6CFCEC467E4055BD8B5528DFF1F094", "header": "Conforming amendments", "nested": [], "links": [] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply with respect to initial decisions and determinations (subject to opportunity for a hearing to the extent provided under section 205(b) of the Social Security Act) issued after 1 year after the date of the enactment of this Act.", "id": "H86AA571E9C6B43C8B14404001108F2C0", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 405(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/405" } ] } ]

[ "Ways and Means Committee" ]

[ { "text": "1. Federal Food, Drug, and Cosmetic Act; prohibition against approval of drug infringing right to life \nSection 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) is amended by adding at the end the following subsection: (o)(1) Notwithstanding any other provision of this section, the Secretary may not approve an application under subsection (b) or (j) for a drug whose intended use would infringe the right to life. Drugs whose approval is prohibited under the preceding sentence include a drug intended to assist with the act of suicide and a drug intended to induce an abortion. (2) Effective upon the expiration of 30 days after the effective date of this subsection— (A) the approved application under subsection (b) or (j) of any drug whose intended use infringes the right to life within the meaning of paragraph (1) is deemed to have been withdrawn under subsection (e) or (j)(6), respectively; and (B) a drug to which subparagraph (A) applies shall be considered adulterated for purposes of section 301..", "id": "H7DD4EA24F47348438BED70D1C9C747D3", "header": "Federal Food, Drug, and Cosmetic Act; prohibition against approval of drug infringing right to life", "nested": [], "links": [ { "text": "21 U.S.C. 355", "legal-doc": "usc", "parsable-cite": "usc/21/355" } ] } ]

[ "Energy and Commerce Committee" ]

[ { "text": "1. Newell George Post Office Building \n(a) Designation \nThe facility of the United States Postal Service located at 550 Nebraska Avenue in Kansas City, Kansas, shall be known and designated as the Newell George 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 Newell George Post Office Building.", "id": "HF4C335E28E5D4809BA2516FA0823F5B5", "header": "Newell George Post Office Building", "nested": [ { "text": "(a) Designation \nThe facility of the United States Postal Service located at 550 Nebraska Avenue in Kansas City, Kansas, shall be known and designated as the Newell George Post Office Building.", "id": "H5AEEC70E74594E08A49B86970918CA0", "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 Newell George Post Office Building.", "id": "H775485644D494864989391D82418B846", "header": "References", "nested": [], "links": [] } ], "links": [] } ]

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

[ { "text": "1. Suspension of duty on ACRYPET UT100 \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.xx.xx Methyl methacrylate polymer with N-cyclohexylmaleimide, styrene, and alpha-methylstyrene (Cas No. 107194–09–2) (provided for in subheading 3906.10.00) 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": "H9BE4790FAF7543AE8B1F187D52DA5B5D", "header": "Suspension of duty on ACRYPET UT100", "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.xx.xx Methyl methacrylate polymer with N-cyclohexylmaleimide, styrene, and alpha-methylstyrene (Cas No. 107194–09–2) (provided for in subheading 3906.10.00) Free No change No change On or before 12/31/2007", "id": "HFCEF2F75299A4FDF8300A75C32B7C6BB", "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": "H210F841F4B1B4889845426A737F6B26B", "header": "Effective date", "nested": [], "links": [] } ], "links": [] } ]

[ "Ways and Means Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the OSHA and Employer Cooperation Act of 2004.", "id": "H2344371C320C4624B6716B47BD7FD54E", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Enforcement of the Occupational Safety and Health Act of 1970 \n(a) Time periods for issuing citations \nSection 9 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 658 ) is amended by striking with reasonable promptness and inserting within thirty working days. Section 10 of such Act ( 29 U.S.C. 659 ) is amended by striking within a reasonable time and inserting within thirty days. (b) Time periods for contesting citations \nSection 10 of such Act ( 29 U.S.C. 659 ) is amended by striking fifteen each place it appears and inserting thirty. (c) Right to correct violative condition \nSection 9 of such Act ( 29 U.S.C. 658 ) is amended by adding at the end the following: (d) The Secretary may not assess a penalty under section 17 in connection with the initial issuance of a citation, with the exception of willful violations, if the employer corrects the violative condition and provides the Secretary an abatement certification within 72 hours.. (d) Multiemployer worksites \nSection 9 of such Act ( 29 U.S.C. 658 ) is amended by adding at the end the following: (e) On multiemployer work sites, the Secretary may only cite the employer whose employees were exposed to a condition which is in violation of a requirement of any standard, rule or order promulgated pursuant to section 6 of this Act, or of any regulations prescribed pursuant to this Act.. (e) Penalties \nSection 17 of such Act ( 29 U.S.C. 666 ) is amended by inserting the following: (m) The Secretary shall not use other than serious citations as a basis for issuing subsequent, repeat or willful citations.. (f) Written statement to employer following inspection \nSection 8 of such Act ( 29 U.S.C. 657 ) is amended by adding at the end the following: (i) At the closing conference after the completion of an inspection, the inspector shall provide the employer or a representative of the employer with a written statement that clearly and concisely provides the following information: (1) The results of the inspection, including each alleged hazard, if any, and each citation that will be issued, if any. (2) The right of the employer to contest a citation, a penalty assessment, an amended citation, and an amended penalty assessment. (3) An explanation of the procedure to follow in order to contest a citation, a penalty assessment, an amended citation, and an amended penalty assessment, including when and where to contest a citation and the required contents of the notice of intent to contest. (4) The Secretary’s responsibility to affirm, amend, or dismiss the citation and penalty assessment, if any. (5) The informal review process. (6) The procedures before the Occupational Safety and Health Review Commission. (7) The right of the employer to seek judicial review. (j) The written statement required under this section must be presented to the employer or the employer’s representative at the closing conference after the completion of the inspection..", "id": "HFC2F93B699FE411695C9F65C80CD388D", "header": "Enforcement of the Occupational Safety and Health Act of 1970", "nested": [ { "text": "(a) Time periods for issuing citations \nSection 9 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 658 ) is amended by striking with reasonable promptness and inserting within thirty working days. Section 10 of such Act ( 29 U.S.C. 659 ) is amended by striking within a reasonable time and inserting within thirty days.", "id": "H7B88CCA10BBA4FECA2CF40603D008F57", "header": "Time periods for issuing citations", "nested": [], "links": [ { "text": "29 U.S.C. 658", "legal-doc": "usc", "parsable-cite": "usc/29/658" }, { "text": "29 U.S.C. 659", "legal-doc": "usc", "parsable-cite": "usc/29/659" } ] }, { "text": "(b) Time periods for contesting citations \nSection 10 of such Act ( 29 U.S.C. 659 ) is amended by striking fifteen each place it appears and inserting thirty.", "id": "HAA62E329A114419DBC58A2E5466E37CD", "header": "Time periods for contesting citations", "nested": [], "links": [ { "text": "29 U.S.C. 659", "legal-doc": "usc", "parsable-cite": "usc/29/659" } ] }, { "text": "(c) Right to correct violative condition \nSection 9 of such Act ( 29 U.S.C. 658 ) is amended by adding at the end the following: (d) The Secretary may not assess a penalty under section 17 in connection with the initial issuance of a citation, with the exception of willful violations, if the employer corrects the violative condition and provides the Secretary an abatement certification within 72 hours..", "id": "H5FD2F68D86924693A86EAAE88CDD75E", "header": "Right to correct violative condition", "nested": [], "links": [ { "text": "29 U.S.C. 658", "legal-doc": "usc", "parsable-cite": "usc/29/658" } ] }, { "text": "(d) Multiemployer worksites \nSection 9 of such Act ( 29 U.S.C. 658 ) is amended by adding at the end the following: (e) On multiemployer work sites, the Secretary may only cite the employer whose employees were exposed to a condition which is in violation of a requirement of any standard, rule or order promulgated pursuant to section 6 of this Act, or of any regulations prescribed pursuant to this Act..", "id": "H3CA9912B132D4C0E8DF67D92006546F0", "header": "Multiemployer worksites", "nested": [], "links": [ { "text": "29 U.S.C. 658", "legal-doc": "usc", "parsable-cite": "usc/29/658" } ] }, { "text": "(e) Penalties \nSection 17 of such Act ( 29 U.S.C. 666 ) is amended by inserting the following: (m) The Secretary shall not use other than serious citations as a basis for issuing subsequent, repeat or willful citations..", "id": "H30EBF902CA8B41DDA49D263037B4C764", "header": "Penalties", "nested": [], "links": [ { "text": "29 U.S.C. 666", "legal-doc": "usc", "parsable-cite": "usc/29/666" } ] }, { "text": "(f) Written statement to employer following inspection \nSection 8 of such Act ( 29 U.S.C. 657 ) is amended by adding at the end the following: (i) At the closing conference after the completion of an inspection, the inspector shall provide the employer or a representative of the employer with a written statement that clearly and concisely provides the following information: (1) The results of the inspection, including each alleged hazard, if any, and each citation that will be issued, if any. (2) The right of the employer to contest a citation, a penalty assessment, an amended citation, and an amended penalty assessment. (3) An explanation of the procedure to follow in order to contest a citation, a penalty assessment, an amended citation, and an amended penalty assessment, including when and where to contest a citation and the required contents of the notice of intent to contest. (4) The Secretary’s responsibility to affirm, amend, or dismiss the citation and penalty assessment, if any. (5) The informal review process. (6) The procedures before the Occupational Safety and Health Review Commission. (7) The right of the employer to seek judicial review. (j) The written statement required under this section must be presented to the employer or the employer’s representative at the closing conference after the completion of the inspection..", "id": "H0777600ACEA04012A8268BCA14343DA0", "header": "Written statement to employer following inspection", "nested": [], "links": [ { "text": "29 U.S.C. 657", "legal-doc": "usc", "parsable-cite": "usc/29/657" } ] } ], "links": [ { "text": "29 U.S.C. 658", "legal-doc": "usc", "parsable-cite": "usc/29/658" }, { "text": "29 U.S.C. 659", "legal-doc": "usc", "parsable-cite": "usc/29/659" }, { "text": "29 U.S.C. 659", "legal-doc": "usc", "parsable-cite": "usc/29/659" }, { "text": "29 U.S.C. 658", "legal-doc": "usc", "parsable-cite": "usc/29/658" }, { "text": "29 U.S.C. 658", "legal-doc": "usc", "parsable-cite": "usc/29/658" }, { "text": "29 U.S.C. 666", "legal-doc": "usc", "parsable-cite": "usc/29/666" }, { "text": "29 U.S.C. 657", "legal-doc": "usc", "parsable-cite": "usc/29/657" } ] } ]

[ "Education and the Workforce Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Border Security Information Integration Act.", "id": "HF908565E08D5430792F0007F00855C71", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Integration of automated fingerprint identification systems \n(a) Memorandum of understanding \nThe Attorney General and the Secretary of Homeland Security shall enter into a memorandum of understanding, not later than 3 months after the date of enactment of this Act, to guide the integration of the IAFIS system and the IDENT system. (b) Coordination \nThe Chief Information Officer of the Department of Justice and the Chief Information Officer of the Department of Homeland Security shall be responsible for coordinating the integration of the IAFIS system and the IDENT system. (c) Daily update of the IDENT system \nUntil the IAFIS system and the IDENT system have been fully integrated, as determined by the Chief Information Officer of the Department of Justice and the Chief Information Officer of the Department of Homeland Security, the IDENT system shall be updated on a daily basis with information pertaining to warrants issued by the Federal Bureau of Investigation and individuals wanted for questioning by the Federal Bureau of Investigation. (d) Use of automated fingerprint identification systems by a border patrol agent \nThe Secretary of Homeland Security shall develop a clear and uniform policy that details when a border patrol agent shall use the IAFIS system and the IDENT system. If a border patrol agent uses the IAFIS system or the IDENT system with respect to an alien, the border patrol agent shall update both systems with information pertaining to the agent’s encounter with the alien. (e) Definitions \nFor purposes of this section— (1) the term IAFIS system means the Federal Bureau of Investigation’s integrated automated fingerprint identification system; and (2) the term IDENT system means the Department of Homeland Security’s automated biometric fingerprint identification system.", "id": "HF88A7AA02EB346E1A1BBBC215E18714", "header": "Integration of automated fingerprint identification systems", "nested": [ { "text": "(a) Memorandum of understanding \nThe Attorney General and the Secretary of Homeland Security shall enter into a memorandum of understanding, not later than 3 months after the date of enactment of this Act, to guide the integration of the IAFIS system and the IDENT system.", "id": "HD2E211F6DA9A413A9BBAB5C747B07CBD", "header": "Memorandum of understanding", "nested": [], "links": [] }, { "text": "(b) Coordination \nThe Chief Information Officer of the Department of Justice and the Chief Information Officer of the Department of Homeland Security shall be responsible for coordinating the integration of the IAFIS system and the IDENT system.", "id": "HF65D9393B2AE490DB800249C00DD05CA", "header": "Coordination", "nested": [], "links": [] }, { "text": "(c) Daily update of the IDENT system \nUntil the IAFIS system and the IDENT system have been fully integrated, as determined by the Chief Information Officer of the Department of Justice and the Chief Information Officer of the Department of Homeland Security, the IDENT system shall be updated on a daily basis with information pertaining to warrants issued by the Federal Bureau of Investigation and individuals wanted for questioning by the Federal Bureau of Investigation.", "id": "HEDAD1739A71149369ED9661714999296", "header": "Daily update of the IDENT system", "nested": [], "links": [] }, { "text": "(d) Use of automated fingerprint identification systems by a border patrol agent \nThe Secretary of Homeland Security shall develop a clear and uniform policy that details when a border patrol agent shall use the IAFIS system and the IDENT system. If a border patrol agent uses the IAFIS system or the IDENT system with respect to an alien, the border patrol agent shall update both systems with information pertaining to the agent’s encounter with the alien.", "id": "H6CA144FF0E244C72B58CA79101160073", "header": "Use of automated fingerprint identification systems by a border patrol agent", "nested": [], "links": [] }, { "text": "(e) Definitions \nFor purposes of this section— (1) the term IAFIS system means the Federal Bureau of Investigation’s integrated automated fingerprint identification system; and (2) the term IDENT system means the Department of Homeland Security’s automated biometric fingerprint identification system.", "id": "H70C880DB613F4059823F3245799C72C6", "header": "Definitions", "nested": [], "links": [] } ], "links": [] } ]

[ "Judiciary Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HF4A3F778DD784B338E0689EB1A9FDEC", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds the following: (1) Long-term care hospitals are one of four types of post-acute care settings that are reimbursed under the Medicare program. (2) There has been substantial growth in the number of these hospitals over the past decade. Since 1993, the number of long-term care hospitals has increased over 275 percent from 109 to 300 facilities. (3) Corresponding to the increase in number of these facilities is a rapid increase in Medicare spending on long-term care hospitals. Medicare spending has jumped over 500 percent from $398 million in 1993 to an anticipated 2.3 billion in 2005. (4) Long-term care hospitals are the most expensive on average of all the post acute alternatives, currently costing approximately $35,700 per patient episode. Current earnings and margins for these hospitals are significantly higher than for comparable Medicare reimbursed clinical service programs. (5) There is evidence that patients are being admitted into long-term care hospitals when services can be provided in other less expensive post-acute care settings. (6) These trends raise questions about— (A) the clinical need to support the rapid growth in long-term care hospitals; (B) the appropriateness of the current Medicare payment system for long-term care hospital services; and (C) the extent to which clinical admissions criteria for long-term care hospital patients can be modified so as to minimize the acceptance of patients into these settings that can be appropriately treated in alternative, less costly post-acute settings. (7) A temporary moratorium on recognizing additional long-term care hospital beds is appropriate until these questions are answered, in order to ensure that beneficiaries are receiving the treatment they require and that Medicare funds are being prudently spent.", "id": "H80B996E07EDA4D0E8E9662727423E678", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Moratorium on medicare payment for inpatient hospital services in additional long-term care hospital beds \n(a) In general \nNotwithstanding any other provision of law, except as provided in subsection (b), no payment shall be made under section 1886 of the Social Security Act ( 42 U.S.C. 1395ww ) for inpatient hospital services provided in a long-term care hospital unless such services were provided for services furnished for a patient in a bed which was either in operation or in development (as determined by the Secretary) as of the date of the introduction of the. (b) Termination of moratorium \n(1) In general \nThe Secretary may terminate the moratorium under subsection (a) if the Secretary determines that adequate information is obtained and any appropriate interventions are implemented to ensure that beneficiaries within long-term care hospitals are receiving the treatment they require and that Medicare funds allocated to these hospitals are being prudently spent. (2) Condition \nThe Secretary shall only make such determination based on the Secretary judgment that there is adequate evidence— (A) of a clinical need for a growth in the number of beds in long-term care hospitals; (B) that an appropriate reimbursement system and rate is in place for Medicare payment for inpatient hospital services in such hospitals; and (C) of a clinical admission policy for such hospitals that minimizes the acceptance of patients into these settings that can be appropriately treated in alternative, less costly post acute settings. (c) Prior report to Congress \nIf the Secretary intends to terminate the moratorium under subsection (b), the Secretary shall submit to Congress a report at least 1 month before the date of such termination. Such report shall include the rationale for the termination and shall specify the evidence described in subsection (b)(2) that supports the termination of the moratorium. (d) Definitions \nFor purposes of this section: (1) The term long-term care hospital means a hospital described in section 1886(d)(1)(B)(iv) of the Social Security Act ( 42 U.S.C. 1395ww(d)(1)(B)(iv) ). (2) The term Secretary means the Secretary of Health and Human Services.", "id": "HE48249FBF7A6465DABBA1944D718E2E5", "header": "Moratorium on medicare payment for inpatient hospital services in additional long-term care hospital beds", "nested": [ { "text": "(a) In general \nNotwithstanding any other provision of law, except as provided in subsection (b), no payment shall be made under section 1886 of the Social Security Act ( 42 U.S.C. 1395ww ) for inpatient hospital services provided in a long-term care hospital unless such services were provided for services furnished for a patient in a bed which was either in operation or in development (as determined by the Secretary) as of the date of the introduction of the.", "id": "H98BD70E388C64F0E974EBFD79782FF5F", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 1395ww", "legal-doc": "usc", "parsable-cite": "usc/42/1395ww" } ] }, { "text": "(b) Termination of moratorium \n(1) In general \nThe Secretary may terminate the moratorium under subsection (a) if the Secretary determines that adequate information is obtained and any appropriate interventions are implemented to ensure that beneficiaries within long-term care hospitals are receiving the treatment they require and that Medicare funds allocated to these hospitals are being prudently spent. (2) Condition \nThe Secretary shall only make such determination based on the Secretary judgment that there is adequate evidence— (A) of a clinical need for a growth in the number of beds in long-term care hospitals; (B) that an appropriate reimbursement system and rate is in place for Medicare payment for inpatient hospital services in such hospitals; and (C) of a clinical admission policy for such hospitals that minimizes the acceptance of patients into these settings that can be appropriately treated in alternative, less costly post acute settings.", "id": "HEEFBF77B073748359CD81200F4825F82", "header": "Termination of moratorium", "nested": [], "links": [] }, { "text": "(c) Prior report to Congress \nIf the Secretary intends to terminate the moratorium under subsection (b), the Secretary shall submit to Congress a report at least 1 month before the date of such termination. Such report shall include the rationale for the termination and shall specify the evidence described in subsection (b)(2) that supports the termination of the moratorium.", "id": "H1FEB4BB76C2E440EB5FFAF4078397972", "header": "Prior report to Congress", "nested": [], "links": [] }, { "text": "(d) Definitions \nFor purposes of this section: (1) The term long-term care hospital means a hospital described in section 1886(d)(1)(B)(iv) of the Social Security Act ( 42 U.S.C. 1395ww(d)(1)(B)(iv) ). (2) The term Secretary means the Secretary of Health and Human Services.", "id": "H4AED31E814B748AE8EAA71DDC1492F", "header": "Definitions", "nested": [], "links": [ { "text": "42 U.S.C. 1395ww(d)(1)(B)(iv)", "legal-doc": "usc", "parsable-cite": "usc/42/1395ww" } ] } ], "links": [ { "text": "42 U.S.C. 1395ww", "legal-doc": "usc", "parsable-cite": "usc/42/1395ww" }, { "text": "42 U.S.C. 1395ww(d)(1)(B)(iv)", "legal-doc": "usc", "parsable-cite": "usc/42/1395ww" } ] } ]

[ "Ways and Means Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Youngstown State University Music for Our Youth Program Establishment Act.", "id": "H2C5C6B9C2E5B4A519E09C6383113D88B", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Music education pilot program \n(a) Establishment \nThe Secretary of Education shall establish the Youngstown State University Music for Our Youth Program , a 6-year pilot program to make grants to fund a music education center at Youngstown State University in Youngstown, Ohio, to provide music education for children in grades 7 through 12. (b) Use of funds \nYoungstown State University shall use funds received under this Act to establish a music education center to— (1) provide exposure to different varieties of music; (2) teach the importance and value of music; (3) offer exposure to musical concepts, such as rhythm; and (4) provide lessons in playing musical instruments and singing. (c) Eligibility \nTo be eligible to receive a grant under this Act, Youngstown State University shall submit an application to the Secretary at such a time, in such manner, and containing such information and assurances as the Secretary may require. (d) Reports \n(1) University report \nNot later than 18 months after receiving a grant under this Act, Youngstown State University shall submit a report to the Secretary documenting how the university used the grant funds and evaluating the level of success of the music center funded by the grant. (2) Report to Congress \nNot later than 3 years after establishing the pilot program under this section, the Secretary shall submit a report to Congress evaluating the success and viability of the pilot program. (e) Authorization of appropriations \nThere is authorized to be appropriated to carry out this Act such sums as may be necessary for each of fiscal years 2005 through 2011.", "id": "HB02713A568494BE681C95B136F978F09", "header": "Music education pilot program", "nested": [ { "text": "(a) Establishment \nThe Secretary of Education shall establish the Youngstown State University Music for Our Youth Program , a 6-year pilot program to make grants to fund a music education center at Youngstown State University in Youngstown, Ohio, to provide music education for children in grades 7 through 12.", "id": "H9266B386F8DC495B848BC4CD836653A8", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Use of funds \nYoungstown State University shall use funds received under this Act to establish a music education center to— (1) provide exposure to different varieties of music; (2) teach the importance and value of music; (3) offer exposure to musical concepts, such as rhythm; and (4) provide lessons in playing musical instruments and singing.", "id": "H33229B031DF14645AD8C4C00E2506FBD", "header": "Use of funds", "nested": [], "links": [] }, { "text": "(c) Eligibility \nTo be eligible to receive a grant under this Act, Youngstown State University shall submit an application to the Secretary at such a time, in such manner, and containing such information and assurances as the Secretary may require.", "id": "H6BAC4731BFA546FD8B19956B8F417142", "header": "Eligibility", "nested": [], "links": [] }, { "text": "(d) Reports \n(1) University report \nNot later than 18 months after receiving a grant under this Act, Youngstown State University shall submit a report to the Secretary documenting how the university used the grant funds and evaluating the level of success of the music center funded by the grant. (2) Report to Congress \nNot later than 3 years after establishing the pilot program under this section, the Secretary shall submit a report to Congress evaluating the success and viability of the pilot program.", "id": "H7873F7CC98E84FBE94C3A9B55FEC8740", "header": "Reports", "nested": [], "links": [] }, { "text": "(e) Authorization of appropriations \nThere is authorized to be appropriated to carry out this Act such sums as may be necessary for each of fiscal years 2005 through 2011.", "id": "H597A22E5C03646BD00A3DD4B5FFEA9F3", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] } ]

[ "Education and the Workforce Committee" ]

[ { "text": "1. Use of Governmentwide commercial purchase card \n(a) Amendment of FAR \nNot later than 180 days after the date of enactment of this Act, the Federal Acquisition Regulation shall be revised to require the head of each executive agency to— (1) seek commercial, volume, or other discounts for purchases made with the Governmentwide commercial purchase card; (2) use procurement mechanisms other than purchase cards, including contracts, to the extent appropriate to maximize cost savings; and (3) systematically collect and analyze data on use of the Governmentwide commercial purchase card, including by vendor, in sufficient detail to identify opportunities to achieve savings. (b) GAO Reports \nNot later than 90 days after the end of each of the first 5 complete fiscal years following the revision of the Federal Acquisition Regulation under subsection (a), the Comptroller General shall submit to the Committee on Governmental Affairs of the Senate and the Committee on Government Reform of the House of Representatives a report that— (1) in the case of the first report— (A) describes the status and content of the revisions required under subsection (a), and any resulting agency policies and procedures; and (B) includes a determination of whether the information collected under subsection (a)(3) is sufficient to identify opportunities to achieve savings; and (2) in the case of each subsequent report, describes— (A) executive branch progress in improving data collection on Governmentwide commercial purchase card use; (B) executive branch progress in seeking discounts or entering into agreements that provide for reduced prices; and (C) savings achieved through the use of discounts or other procurement mechanisms. (c) Provision of Information to GAO \nThe Administrator for Federal Procurement Policy shall direct the head of each executive agency to provide to the Comptroller General such information as the Comptroller General considers necessary to implement the requirements of subsection (b).", "id": "H4BEDEA06341E4865B9BDA6C49B63B22C", "header": "Use of Governmentwide commercial purchase card", "nested": [ { "text": "(a) Amendment of FAR \nNot later than 180 days after the date of enactment of this Act, the Federal Acquisition Regulation shall be revised to require the head of each executive agency to— (1) seek commercial, volume, or other discounts for purchases made with the Governmentwide commercial purchase card; (2) use procurement mechanisms other than purchase cards, including contracts, to the extent appropriate to maximize cost savings; and (3) systematically collect and analyze data on use of the Governmentwide commercial purchase card, including by vendor, in sufficient detail to identify opportunities to achieve savings.", "id": "H10B0F205457142B8AFE94D22821442BE", "header": "Amendment of FAR", "nested": [], "links": [] }, { "text": "(b) GAO Reports \nNot later than 90 days after the end of each of the first 5 complete fiscal years following the revision of the Federal Acquisition Regulation under subsection (a), the Comptroller General shall submit to the Committee on Governmental Affairs of the Senate and the Committee on Government Reform of the House of Representatives a report that— (1) in the case of the first report— (A) describes the status and content of the revisions required under subsection (a), and any resulting agency policies and procedures; and (B) includes a determination of whether the information collected under subsection (a)(3) is sufficient to identify opportunities to achieve savings; and (2) in the case of each subsequent report, describes— (A) executive branch progress in improving data collection on Governmentwide commercial purchase card use; (B) executive branch progress in seeking discounts or entering into agreements that provide for reduced prices; and (C) savings achieved through the use of discounts or other procurement mechanisms.", "id": "H62EE20EE106443639653C8E642976E11", "header": "GAO Reports", "nested": [], "links": [] }, { "text": "(c) Provision of Information to GAO \nThe Administrator for Federal Procurement Policy shall direct the head of each executive agency to provide to the Comptroller General such information as the Comptroller General considers necessary to implement the requirements of subsection (b).", "id": "H16F5B29878124FFA9CC3A5A2FB3D00D4", "header": "Provision of Information to GAO", "nested": [], "links": [] } ], "links": [] } ]

[ "Oversight and Accountability Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Rural America Protection Act of 2004.", "id": "H31A680F167BB4D09A2B8098EEF18EC00", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Limitations on wetlands mitigation through condemnation \nSection 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 ) is amended by adding at the end the following: (u) Limitations on wetlands mitigation through condemnation \n(1) In general \nThe Secretary or the State (in the case of a State administering a permit program approved under this section) may not issue a permit under this section to a Federal, State, or local entity where compliance with this section is based on a permit condition requiring mitigation of adverse impacts to wetlands through the acquisition of private property for the creation, restoration, or protection of wetlands if— (A) the property is being acquired by condemnation; and (B) the property is located outside the United States Geological Survey 8-digit code cataloging unit (as defined by the Hydrologic Unit Map of the United States (U.S.G.S. 1980)) in which the wetland to be impacted by the permitted activity is located. (2) Compensation of private property owners \nNotwithstanding paragraph (1), the Secretary or the State may issue a permit under this section in the circumstance described in paragraph (1) if the Federal, State, or local entity acquiring the property by condemnation provides to the owner of the property compensation in an amount that equals or exceeds the greater of— (A) the fair market value of the property; or (B) the average fair market value of a parcel of property of the size of the property being acquired in the United States Geological Survey cataloging unit in which the wetland to be impacted by the permitted activity is located..", "id": "HC19FEF10F86A4A5B88403E3B8B99C602", "header": "Limitations on wetlands mitigation through condemnation", "nested": [], "links": [ { "text": "33 U.S.C. 1344", "legal-doc": "usc", "parsable-cite": "usc/33/1344" } ] } ]

[ "Transportation and Infrastructure Committee" ]

[ { "text": "1. Waiver of grounds for removal of, or denial of admission to, Rogelio Gallegos-Herrera \n(a) In general \nNotwithstanding sections 212(a) and 237(a) of the Immigration and Nationality Act , Rogelio Gallegos-Herrera may not be removed from the United States, denied admission to the United States, or considered ineligible for lawful permanent residence in the United States, by reason of any ground for removal or denial of admission that is reflected in the records of the Department of Homeland Security or the Visa Office of the Department of State, on the date of the enactment of this Act. (b) Rescission of outstanding order of removal \nThe Secretary of Homeland Security shall rescind any outstanding order of removal or deportation, or any finding of inadmissibility or deportability, that has been entered against Rogelio Gallegos-Herrera by reason of any ground described in subsection (a).", "id": "H6053B0F73E0D4FA09C7D089480CCC364", "header": "Waiver of grounds for removal of, or denial of admission to, Rogelio Gallegos-Herrera", "nested": [ { "text": "(a) In general \nNotwithstanding sections 212(a) and 237(a) of the Immigration and Nationality Act , Rogelio Gallegos-Herrera may not be removed from the United States, denied admission to the United States, or considered ineligible for lawful permanent residence in the United States, by reason of any ground for removal or denial of admission that is reflected in the records of the Department of Homeland Security or the Visa Office of the Department of State, on the date of the enactment of this Act.", "id": "H3569E03D3C4F4A38B13BC1833500DF46", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Rescission of outstanding order of removal \nThe Secretary of Homeland Security shall rescind any outstanding order of removal or deportation, or any finding of inadmissibility or deportability, that has been entered against Rogelio Gallegos-Herrera by reason of any ground described in subsection (a).", "id": "H1671B8A8F40646AE96A46F44C9EC15F0", "header": "Rescission of outstanding order of removal", "nested": [], "links": [] } ], "links": [] } ]

[ "Judiciary Committee" ]

[ { "text": "1. Repeal of certain laws pertaining to the Virgin Islands \n(a) Repeal \nSections 1 through 6 of the Act of May 26, 1936, (Chapter 450; 49 Stat. 1372–1373; 48 U.S.C. 1401–1401e ) are repealed. (b) Effective date \nThis section shall be deemed to have taken effect on July 22, 1954.", "id": "H2549231E52DB41A996FE807C926C1F00", "header": "Repeal of certain laws pertaining to the Virgin Islands", "nested": [ { "text": "(a) Repeal \nSections 1 through 6 of the Act of May 26, 1936, (Chapter 450; 49 Stat. 1372–1373; 48 U.S.C. 1401–1401e ) are repealed.", "id": "H84AF6D46E10A49DC95023795D0676ED5", "header": "Repeal", "nested": [], "links": [ { "text": "48 U.S.C. 1401–1401e", "legal-doc": "usc", "parsable-cite": "usc/48/1401-1401e" } ] }, { "text": "(b) Effective date \nThis section shall be deemed to have taken effect on July 22, 1954.", "id": "HF7B3532200B74C41ABD5E23529F93CEC", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "48 U.S.C. 1401–1401e", "legal-doc": "usc", "parsable-cite": "usc/48/1401-1401e" } ] } ]

[ "Natural Resources Committee" ]

[ { "text": "1. Location of surface transportation program projects \nSection 133(c) of title 23, United States Code, is amended— (1) by striking Except and inserting the following: (1) In general \nExcept ; and (2) by adding at the end the following: (2) Safety projects \nNotwithstanding paragraph (1), a State may undertake a surface transportation program project on any State-maintained public road, including a road functionally classified as a local or rural minor collector, if the State determines that the project is necessary to address high fatality rates or other safety concerns..", "id": "HD51EA78EFEFD416AA200B315363F6B77", "header": "Location of surface transportation program projects", "nested": [], "links": [ { "text": "Section 133(c)", "legal-doc": "usc", "parsable-cite": "usc/23/133" } ] } ]

[ "Transportation and Infrastructure Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Prescription Plan Preservation Act of 2004.", "id": "H18CC50EDBD4A4632824EBFE4AD7B859E", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Conditioning the payment of medicare employer prescription drug subsidies on the maintenance of current prescription drug benefits \n(a) In general \nSection 1860D–22(a)(2)(A) of the Social Security Act ( 42 U.S.C. 1395w–132(a)(2)(A) ) is amended to read as follows:: (A) Attestation of actuarial equivalence to standard coverage \nThe sponsor of the plan provides the Secretary, annually or at such other time as the Secretary may require, with an attestation that the actuarial value of prescription drug coverage under the plan (as determined using the processes and methods described in section 1860D–11(c)) is at least equal to the greater of— (i) the actuarial value of standard prescription drug coverage; or (ii) the actuarial value of the employment-based retiree health coverage that was in effect as of December 8, 2003.. (b) Effective date \nThe amendment made by subsection (a) 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": "H1AE49691B8CF4C5500801E752748F569", "header": "Conditioning the payment of medicare employer prescription drug subsidies on the maintenance of current prescription drug benefits", "nested": [ { "text": "(a) In general \nSection 1860D–22(a)(2)(A) of the Social Security Act ( 42 U.S.C. 1395w–132(a)(2)(A) ) is amended to read as follows:: (A) Attestation of actuarial equivalence to standard coverage \nThe sponsor of the plan provides the Secretary, annually or at such other time as the Secretary may require, with an attestation that the actuarial value of prescription drug coverage under the plan (as determined using the processes and methods described in section 1860D–11(c)) is at least equal to the greater of— (i) the actuarial value of standard prescription drug coverage; or (ii) the actuarial value of the employment-based retiree health coverage that was in effect as of December 8, 2003..", "id": "H9164D2FC57C54C69A553CF30BD3B4572", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 1395w–132(a)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-132" } ] }, { "text": "(b) Effective date \nThe amendment made by subsection (a) 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": "H69EA4BF42645428FA4B85938EC9E7B", "header": "Effective date", "nested": [], "links": [ { "text": "Public Law 108–173", "legal-doc": "public-law", "parsable-cite": "pl/108/173" } ] } ], "links": [ { "text": "42 U.S.C. 1395w–132(a)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-132" }, { "text": "Public Law 108–173", "legal-doc": "public-law", "parsable-cite": "pl/108/173" } ] } ]

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

[ { "text": "1. Short title \nThis Act may be cited as the Agricultural Assistance Act of 2004.", "id": "H5890B5F223D04CFCB8B32C00691F005D", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definition of Secretary \nIn this Act, the term Secretary means the Secretary of Agriculture.", "id": "HB921132741704026A6C9412C9941F3CB", "header": "Definition of Secretary", "nested": [], "links": [] }, { "text": "3. Crop disaster assistance \n(a) Definitions \nIn this section: (1) Additional coverage \nThe term additional coverage has the meaning given the term in section 502(b) of the Federal Crop Insurance Act ( 7 U.S.C. 1502(b) ). (2) Insurable commodity \n(A) In general \nThe term insurable commodity means an agricultural commodity for which the producers on a farm are eligible to obtain a policy or plan of insurance under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ). (B) Exclusion \nThe term insurable commodity does not include livestock. (3) Noninsurable commodity \nThe term noninsurable commodity means an eligible crop for which the producers on a farm are eligible to obtain assistance under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333 ). (b) Assistance available \nThe Secretary shall use such sums as are necessary of funds of the Commodity Credit Corporation to make emergency financial assistance available to producers on a farm that have incurred qualifying losses for the 2004 crop of an agricultural commodity due to damaging weather or related condition, as determined by the Secretary. (c) Administration \n(1) Use of former administrative authority \nExcept as provided in paragraph (2), the Secretary shall make assistance available under this section in the same manner as provided under section 815 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (as enacted into law by Public Law 106–387 ; 114 Stat. 1549A–55), including using the same loss thresholds for quantity and quality losses as were used in administering that section. (2) Payment rate \nThe payment rate for a crop for assistance provided under this section to the producers on a farm shall be calculated as follows: (A) If the producers obtained a policy or plan of insurance, including a catastrophic risk protection plan, for the crop under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ), 50 percent of the applicable price for the crop. (B) If a policy or plan of insurance, including a catastrophic risk protection plan, for the crop was not available to the producers under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ), 50 percent of the applicable price for the crop. (C) Subject to subsections (d) and (e), if the producers did not obtain a policy or plan of insurance, including a catastrophic risk protection plan, available for the crop under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ), 40 percent of the applicable price for the crop. (d) Ineligibility for Assistance \nExcept as provided in subsection (e), the producers on a farm shall not be eligible for assistance under this section with respect to losses to an insurable commodity or noninsurable commodity if the producers on the farm— (1) in the case of an insurable commodity, did not obtain a policy or plan of insurance for the insurable commodity under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ) for the crop incurring the losses; and (2) in the case of a noninsurable commodity, did not file the required paperwork, and pay the administrative fee by the applicable State filing deadline, for the noninsurable commodity under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333 ) for the crop incurring the losses. (e) Contract waiver \nThe Secretary may waive subsection (d) with respect to the producers on a farm if the producers enter into a contract with the Secretary under which the producers agree— (1) in the case of an insurable commodity, to obtain a policy or plan of insurance under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ) providing additional coverage for the insurable commodity for each of the next 2 crops; and (2) in the case of a noninsurable commodity, to file the required paperwork, and pay the administrative fee by the applicable State filing deadline, for the noninsurable commodity for each of the next 2 crops under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333 ). (f) Effect of Violation \nIn the event of the violation of a contract under subsection (e) by a producer, the producer shall reimburse the Secretary for the full amount of the assistance provided to the producer under this section.", "id": "H294D15ED828C4A5AA65616D97DE6D820", "header": "Crop disaster assistance", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Additional coverage \nThe term additional coverage has the meaning given the term in section 502(b) of the Federal Crop Insurance Act ( 7 U.S.C. 1502(b) ). (2) Insurable commodity \n(A) In general \nThe term insurable commodity means an agricultural commodity for which the producers on a farm are eligible to obtain a policy or plan of insurance under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ). (B) Exclusion \nThe term insurable commodity does not include livestock. (3) Noninsurable commodity \nThe term noninsurable commodity means an eligible crop for which the producers on a farm are eligible to obtain assistance under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333 ).", "id": "H19A84DC7F5064FA2942712BE3A700CE", "header": "Definitions", "nested": [], "links": [ { "text": "7 U.S.C. 1502(b)", "legal-doc": "usc", "parsable-cite": "usc/7/1502" }, { "text": "7 U.S.C. 1501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/1501" }, { "text": "7 U.S.C. 7333", "legal-doc": "usc", "parsable-cite": "usc/7/7333" } ] }, { "text": "(b) Assistance available \nThe Secretary shall use such sums as are necessary of funds of the Commodity Credit Corporation to make emergency financial assistance available to producers on a farm that have incurred qualifying losses for the 2004 crop of an agricultural commodity due to damaging weather or related condition, as determined by the Secretary.", "id": "H63DDE2A054D145588BC72000910582C", "header": "Assistance available", "nested": [], "links": [] }, { "text": "(c) Administration \n(1) Use of former administrative authority \nExcept as provided in paragraph (2), the Secretary shall make assistance available under this section in the same manner as provided under section 815 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (as enacted into law by Public Law 106–387 ; 114 Stat. 1549A–55), including using the same loss thresholds for quantity and quality losses as were used in administering that section. (2) Payment rate \nThe payment rate for a crop for assistance provided under this section to the producers on a farm shall be calculated as follows: (A) If the producers obtained a policy or plan of insurance, including a catastrophic risk protection plan, for the crop under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ), 50 percent of the applicable price for the crop. (B) If a policy or plan of insurance, including a catastrophic risk protection plan, for the crop was not available to the producers under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ), 50 percent of the applicable price for the crop. (C) Subject to subsections (d) and (e), if the producers did not obtain a policy or plan of insurance, including a catastrophic risk protection plan, available for the crop under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ), 40 percent of the applicable price for the crop.", "id": "H534B7DF6D11C4FC8AEF1A2668E1D13FC", "header": "Administration", "nested": [], "links": [ { "text": "Public Law 106–387", "legal-doc": "public-law", "parsable-cite": "pl/106/387" }, { "text": "7 U.S.C. 1501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/1501" }, { "text": "7 U.S.C. 1501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/1501" }, { "text": "7 U.S.C. 1501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/1501" } ] }, { "text": "(d) Ineligibility for Assistance \nExcept as provided in subsection (e), the producers on a farm shall not be eligible for assistance under this section with respect to losses to an insurable commodity or noninsurable commodity if the producers on the farm— (1) in the case of an insurable commodity, did not obtain a policy or plan of insurance for the insurable commodity under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ) for the crop incurring the losses; and (2) in the case of a noninsurable commodity, did not file the required paperwork, and pay the administrative fee by the applicable State filing deadline, for the noninsurable commodity under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333 ) for the crop incurring the losses.", "id": "HC0F8B44D08C442C8B35D86906E01CB8B", "header": "Ineligibility for Assistance", "nested": [], "links": [ { "text": "7 U.S.C. 1501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/1501" }, { "text": "7 U.S.C. 7333", "legal-doc": "usc", "parsable-cite": "usc/7/7333" } ] }, { "text": "(e) Contract waiver \nThe Secretary may waive subsection (d) with respect to the producers on a farm if the producers enter into a contract with the Secretary under which the producers agree— (1) in the case of an insurable commodity, to obtain a policy or plan of insurance under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ) providing additional coverage for the insurable commodity for each of the next 2 crops; and (2) in the case of a noninsurable commodity, to file the required paperwork, and pay the administrative fee by the applicable State filing deadline, for the noninsurable commodity for each of the next 2 crops under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333 ).", "id": "H215424E1EDA047729DE1B3F46645EF9D", "header": "Contract waiver", "nested": [], "links": [ { "text": "7 U.S.C. 1501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/1501" }, { "text": "7 U.S.C. 7333", "legal-doc": "usc", "parsable-cite": "usc/7/7333" } ] }, { "text": "(f) Effect of Violation \nIn the event of the violation of a contract under subsection (e) by a producer, the producer shall reimburse the Secretary for the full amount of the assistance provided to the producer under this section.", "id": "H4A526090F82D4063AF18658654730862", "header": "Effect of Violation", "nested": [], "links": [] } ], "links": [ { "text": "7 U.S.C. 1502(b)", "legal-doc": "usc", "parsable-cite": "usc/7/1502" }, { "text": "7 U.S.C. 1501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/1501" }, { "text": "7 U.S.C. 7333", "legal-doc": "usc", "parsable-cite": "usc/7/7333" }, { "text": "Public Law 106–387", "legal-doc": "public-law", "parsable-cite": "pl/106/387" }, { "text": "7 U.S.C. 1501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/1501" }, { "text": "7 U.S.C. 1501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/1501" }, { "text": "7 U.S.C. 1501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/1501" }, { "text": "7 U.S.C. 1501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/1501" }, { "text": "7 U.S.C. 7333", "legal-doc": "usc", "parsable-cite": "usc/7/7333" }, { "text": "7 U.S.C. 1501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/1501" }, { "text": "7 U.S.C. 7333", "legal-doc": "usc", "parsable-cite": "usc/7/7333" } ] }, { "text": "4. Livestock assistance \n(a) Definitions \nIn this section: (1) Disaster county \nThe term disaster county means a county included in the geographic area covered by a qualifying natural disaster declaration for calendar year 2004. (2) Qualifying natural disaster declaration \nThe term qualifying natural disaster declaration means— (A) a natural disaster declared by the Secretary under section 321(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1961(a) ); or (B) a major disaster or emergency designated by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ). (b) Livestock assistance program \n(1) Assistance available \n(A) In general \nSubject to subsection (c), the Secretary shall use such sums as are necessary of funds of the Commodity Credit Corporation to establish a program under which payments are made to livestock producers for losses in a disaster county. (B) Criteria \nTo carry out the program, the Secretary shall use the criteria established to carry out the 1999 Livestock Assistance Program, except that, in lieu of the gross revenue criteria used for the 1999 Livestock Assistance Program, the Secretary shall use the adjusted gross income limitation contained in section 1001D of the Food Security Act of 1985 (7 U.S.C. 1308-3a). (c) Relationship of livestock assistance programs \nThe amount of assistance that the producers would otherwise receive for a loss under the livestock assistance program shall be reduced by the amount of the assistance that the producers receive under any other livestock assistance program, as determined by the Secretary.", "id": "H83C68D6D1DD74ED58461A7006D5964E3", "header": "Livestock assistance", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Disaster county \nThe term disaster county means a county included in the geographic area covered by a qualifying natural disaster declaration for calendar year 2004. (2) Qualifying natural disaster declaration \nThe term qualifying natural disaster declaration means— (A) a natural disaster declared by the Secretary under section 321(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1961(a) ); or (B) a major disaster or emergency designated by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ).", "id": "H03134EBA725D4B54B02B42EE22396C76", "header": "Definitions", "nested": [], "links": [ { "text": "7 U.S.C. 1961(a)", "legal-doc": "usc", "parsable-cite": "usc/7/1961" }, { "text": "42 U.S.C. 5121 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/5121" } ] }, { "text": "(b) Livestock assistance program \n(1) Assistance available \n(A) In general \nSubject to subsection (c), the Secretary shall use such sums as are necessary of funds of the Commodity Credit Corporation to establish a program under which payments are made to livestock producers for losses in a disaster county. (B) Criteria \nTo carry out the program, the Secretary shall use the criteria established to carry out the 1999 Livestock Assistance Program, except that, in lieu of the gross revenue criteria used for the 1999 Livestock Assistance Program, the Secretary shall use the adjusted gross income limitation contained in section 1001D of the Food Security Act of 1985 (7 U.S.C. 1308-3a).", "id": "H972E8F2A509449C6A34770016EE0D97C", "header": "Livestock assistance program", "nested": [], "links": [] }, { "text": "(c) Relationship of livestock assistance programs \nThe amount of assistance that the producers would otherwise receive for a loss under the livestock assistance program shall be reduced by the amount of the assistance that the producers receive under any other livestock assistance program, as determined by the Secretary.", "id": "H0B9C666C6E90425386A3AA6E98C90096", "header": "Relationship of livestock assistance programs", "nested": [], "links": [] } ], "links": [ { "text": "7 U.S.C. 1961(a)", "legal-doc": "usc", "parsable-cite": "usc/7/1961" }, { "text": "42 U.S.C. 5121 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/5121" } ] }, { "text": "5. Funding \nThe Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this Act, and such funds shall remain available to carry out this Act until expended.", "id": "HAB70F72A60C040E99D561EE600AB0041", "header": "Funding", "nested": [], "links": [] }, { "text": "6. Regulations \n(a) In general \nThe Secretary may promulgate such regulations as are necessary to implement this Act. (b) Procedure \nThe promulgation of the regulations and administration of this Act shall be made without regard to— (1) the notice and comment provisions of section 553 of title 5, United States Code; (2) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (3) chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ). (c) Congressional review of agency rulemaking \nIn carrying out this section, the Secretary shall use the authority provided under section 808 of title 5, United States Code.", "id": "H9FF2D06314634E79BE33BEF128C186BC", "header": "Regulations", "nested": [ { "text": "(a) In general \nThe Secretary may promulgate such regulations as are necessary to implement this Act.", "id": "H824213D0D2044899A4173B9F006BCCBC", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Procedure \nThe promulgation of the regulations and administration of this Act shall be made without regard to— (1) the notice and comment provisions of section 553 of title 5, United States Code; (2) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (3) chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ).", "id": "H76045245C28E4FC1B7F4CBA8CAECFFB8", "header": "Procedure", "nested": [], "links": [ { "text": "section 553", "legal-doc": "usc", "parsable-cite": "usc/5/553" }, { "text": "chapter 35", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/44/35" } ] }, { "text": "(c) Congressional review of agency rulemaking \nIn carrying out this section, the Secretary shall use the authority provided under section 808 of title 5, United States Code.", "id": "HB7292CCFEE1A4E97B707159B8468FDA9", "header": "Congressional review of agency rulemaking", "nested": [], "links": [ { "text": "section 808", "legal-doc": "usc", "parsable-cite": "usc/5/808" } ] } ], "links": [ { "text": "section 553", "legal-doc": "usc", "parsable-cite": "usc/5/553" }, { "text": "chapter 35", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/44/35" }, { "text": "section 808", "legal-doc": "usc", "parsable-cite": "usc/5/808" } ] } ]

[ "Agriculture Committee" ]

[ { "text": "1. Exemption of certain animal identification information from disclosure under the Freedom of Information Act \n(a) Release of animal identification numbering information exempt from disclosure under Freedom of Information Act \nInformation obtained through the livestock identification system is exempt from disclosure under section 552 of title 5, United States Code. (b) Character of livestock identification system information \nExcept as provided in subsections (c) and (d), information obtained through the livestock identification system— (1) may not be released; (2) shall not be considered information in the public domain; and (3) shall be considered commercial information that is privileged and confidential. (c) Limited release of information authorized \nNotwithstanding subsection (b), the Secretary of Agriculture may release information obtained through the livestock identification system regarding particular livestock if— (1) the information involves livestock threatened by disease or pest; (2) the release of the information is related to actions the Secretary may take under this subtitle; and (3) the person obtaining the information needs the information for reasons consistent with the public health and public safety purposes of the livestock identification system, as determined by the Secretary. (d) Limited release of information required \nNotwithstanding subsection (b), the Secretary of Agriculture shall release information obtained through the livestock identification system regarding particular livestock— (1) to the person who owns or controls the livestock, if the person requests such information; (2) to the Attorney General for the purpose of law enforcement; (3) to the Secretary of Homeland Security for the purpose of national security; (4) to a court of competent jurisdiction; and (5) to the government of a foreign country, if release of the information is necessary to trace livestock threatened by disease or pest, as determined by the Secretary. (e) Conflict of law \nIf the information disclosure limitations or requirements of this section conflict with information disclosure limitations or requirements of a State law— (1) this section shall take precedence over the State law, if the conflict involves interstate or international commerce; and (2) the State law shall take precedence over this section, if the conflict involves intrastate commerce in that State. (f) Livestock identification system defined \nIn this section, the term livestock identification system means any system of identifying livestock developed by the Secretary of Agriculture.", "id": "H00823BC01A19474E0015A74979007F01", "header": "Exemption of certain animal identification information from disclosure under the Freedom of Information Act", "nested": [ { "text": "(a) Release of animal identification numbering information exempt from disclosure under Freedom of Information Act \nInformation obtained through the livestock identification system is exempt from disclosure under section 552 of title 5, United States Code.", "id": "HE30520B3FCF649D3A8870116E0D00954", "header": "Release of animal identification numbering information exempt from disclosure under Freedom of Information Act", "nested": [], "links": [ { "text": "section 552", "legal-doc": "usc", "parsable-cite": "usc/5/552" } ] }, { "text": "(b) Character of livestock identification system information \nExcept as provided in subsections (c) and (d), information obtained through the livestock identification system— (1) may not be released; (2) shall not be considered information in the public domain; and (3) shall be considered commercial information that is privileged and confidential.", "id": "H9AB9B51C14C54DD3AD052ED6A0D3E6CD", "header": "Character of livestock identification system information", "nested": [], "links": [] }, { "text": "(c) Limited release of information authorized \nNotwithstanding subsection (b), the Secretary of Agriculture may release information obtained through the livestock identification system regarding particular livestock if— (1) the information involves livestock threatened by disease or pest; (2) the release of the information is related to actions the Secretary may take under this subtitle; and (3) the person obtaining the information needs the information for reasons consistent with the public health and public safety purposes of the livestock identification system, as determined by the Secretary.", "id": "HD10DA4A4506B47CB004CE9DCE700CE4B", "header": "Limited release of information authorized", "nested": [], "links": [] }, { "text": "(d) Limited release of information required \nNotwithstanding subsection (b), the Secretary of Agriculture shall release information obtained through the livestock identification system regarding particular livestock— (1) to the person who owns or controls the livestock, if the person requests such information; (2) to the Attorney General for the purpose of law enforcement; (3) to the Secretary of Homeland Security for the purpose of national security; (4) to a court of competent jurisdiction; and (5) to the government of a foreign country, if release of the information is necessary to trace livestock threatened by disease or pest, as determined by the Secretary.", "id": "HC5A2688F6D7744E291CD62BDA97E02A6", "header": "Limited release of information required", "nested": [], "links": [] }, { "text": "(e) Conflict of law \nIf the information disclosure limitations or requirements of this section conflict with information disclosure limitations or requirements of a State law— (1) this section shall take precedence over the State law, if the conflict involves interstate or international commerce; and (2) the State law shall take precedence over this section, if the conflict involves intrastate commerce in that State.", "id": "HB42B6E9359464986A153CAA98F970654", "header": "Conflict of law", "nested": [], "links": [] }, { "text": "(f) Livestock identification system defined \nIn this section, the term livestock identification system means any system of identifying livestock developed by the Secretary of Agriculture.", "id": "H3056E02DFD724C5F8DA4485609B9A8B8", "header": "Livestock identification system defined", "nested": [], "links": [] } ], "links": [ { "text": "section 552", "legal-doc": "usc", "parsable-cite": "usc/5/552" } ] } ]

[ "Oversight and Accountability Committee", "Agriculture Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H2AF63049CE634C33BF70F5CA365D2173", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds the following: (1) The United States was founded on the principles of individual liberty, personal privacy, and equality. Such principles ensure that each individual is free to make the most intimate decisions free from governmental interference and discrimination. (2) A woman’s decision to commence, prevent, continue, or terminate a pregnancy is one of the most intimate decisions an individual ever faces. As such, reproductive health decisions are best made by the woman, in consultation with her medical provider or loved ones, without governmental interference. (3) In 1965, in Griswold v. Connecticut (381 U.S. 479), and in 1973, in Roe v. Wade (410 U.S. 113) and Doe v. Bolton (410 U.S. 179), the Supreme Court recognized the right to privacy protected by the Constitution and that such right encompassed the right of every woman to weigh the personal, moral, and religious considerations involved in deciding whether to commence, prevent, continue, or terminate a pregnancy. (4) The Roe v. Wade decision carefully balanced the rights of women to make important reproductive decisions with the state’s interest in potential life. Under Roe v. Wade and Doe v. Bolton, a woman’s right to choose to terminate her pregnancy is absolute only prior to fetal viability, with the state permitted to ban abortion after fetal viability except when necessary to protect the life or health of a woman. (5) These decisions have protected the health and lives of women in the United States. Prior to the Roe v. Wade decision, an estimated 1,200,000 women each year were forced to resort to illegal abortions, despite the known hazards that included unsanitary conditions, incompetent treatment, infection, hemorrhage, disfiguration, and death. (6) According to one estimate, prior to 1973, as many as 5,000 women died each year in the United States as a result of having an illegal abortion. (7) In countries where abortion remains illegal, the risk of complications and maternal mortality is high. According to the World Health Organization, of the approximately 600,000 pregnancy-related deaths occurring annually around the world, 80,000 are associated with unsafe abortions. (8) The Roe v. Wade decision expanded the opportunities for women to participate equally in society. In 1992, in Planned Parenthood v. Casey (505 U.S. 833), the Supreme Court observed that, [t]he ability of women to participate equally in the economic and social life of the Nation has been facilitated by their ability to control their reproductive lives.. (9) Even though the Roe v. Wade decision guaranteed a constitutional right to choose whether to terminate or continue a pregnancy, threats to that right remain, including possible reversal or further erosion by the Supreme Court of the right, and legislative and administrative policies at all levels of government that make abortion more difficult and dangerous to obtain. (10) 87 percent of the counties in the United States have no abortion provider. (11) Legal barriers to the full range of reproductive services endanger the health and lives of women. (12) Women should have meaningful access to reproductive health services to prevent unintended pregnancies, thereby reducing the need for abortions. (13) To ensure that a woman’s right to choose whether to terminate a pregnancy is available to all women in the United States, Federal protection for that right is necessary. (14) Although Congress may not create constitutional rights without amending the Constitution, Congress may, where authorized by its enumerated powers and not prohibited by the Constitution, enact legislation to create and secure statutory rights in areas of legitimate national concern. (15) Congress has the affirmative power under section 8 of article I of the Constitution and section 5 of the 14th amendment to the Constitution to enact legislation to facilitate interstate commerce and to prevent State interference with interstate commerce, liberty, or equal protection of the laws. (16) Federal protection of a woman’s right to choose to prevent or terminate a pregnancy falls within this affirmative power of Congress, in part, because— (A) many women cross State lines to obtain abortions and many more would be forced to do so absent a constitutional right or Federal protection; (B) reproductive health clinics are commercial actors that regularly purchase medicine, medical equipment, and other necessary supplies from out-of-State suppliers; and (C) reproductive health clinics employ doctors, nurses, and other personnel who travel across State lines in order to provide reproductive health services to patients.", "id": "HF6362CCFB3254F3093C82346974C0679", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Definitions \nIn this Act: (1) Government \nThe term government includes a branch, department, agency, instrumentality, or official (or other individual acting under color of law) of the United States, a State, or a subdivision of a State. (2) State \nThe term State means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each territory or possession of the United States. (3) Viability \nThe term viability means that stage of pregnancy when, in the best medical judgment of the attending physician based on the particular medical facts of the case before the physician, there is a reasonable likelihood of the sustained survival of the fetus outside of the woman.", "id": "H925993EED1874750AC70DE911B77C9E7", "header": "Definitions", "nested": [], "links": [] }, { "text": "4. Interference with reproductive health prohibited \n(a) Statement of policy \nIt is the policy of the United States that every woman has the fundamental right to choose to bear a child, to terminate a pregnancy prior to fetal viability, or to terminate a pregnancy after fetal viability when necessary to protect the life or health of the woman. (b) Prohibition of interference \nA government may not— (1) deny or interfere with a woman’s right to choose— (A) to bear a child; (B) to terminate a pregnancy prior to viability; or (C) to terminate a pregnancy after viability where termination is necessary to protect the life or health of the woman; or (2) discriminate against the exercise of the rights set forth in paragraph (1) in the regulation or provision of benefits, facilities, services, or information. (c) Civil action \nAn individual aggrieved by a violation of this section may obtain appropriate relief (including relief against a government) in a civil action.", "id": "H1AD17DCBC03749288919DE4FAEFB3D", "header": "Interference with reproductive health prohibited", "nested": [ { "text": "(a) Statement of policy \nIt is the policy of the United States that every woman has the fundamental right to choose to bear a child, to terminate a pregnancy prior to fetal viability, or to terminate a pregnancy after fetal viability when necessary to protect the life or health of the woman.", "id": "H5DC6DCF0D7D64005B422B397C8F5323", "header": "Statement of policy", "nested": [], "links": [] }, { "text": "(b) Prohibition of interference \nA government may not— (1) deny or interfere with a woman’s right to choose— (A) to bear a child; (B) to terminate a pregnancy prior to viability; or (C) to terminate a pregnancy after viability where termination is necessary to protect the life or health of the woman; or (2) discriminate against the exercise of the rights set forth in paragraph (1) in the regulation or provision of benefits, facilities, services, or information.", "id": "H948ADA1106804B71A3ECE77879F55C0", "header": "Prohibition of interference", "nested": [], "links": [] }, { "text": "(c) Civil action \nAn individual aggrieved by a violation of this section may obtain appropriate relief (including relief against a government) in a civil action.", "id": "H37B16AC9EE8A4757AEC6DB6C8C17C7B3", "header": "Civil action", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Severability \nIf any provision of this Act, or the application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to persons or circumstances other than those as to which the provision is held to be unconstitutional, shall not be affected thereby.", "id": "HEE4E532F0A5344EA9773199891E8BEA2", "header": "Severability", "nested": [], "links": [] }, { "text": "6. Retroactive effect \nThis Act applies to every Federal, State, and local statute, ordinance, regulation, administrative order, decision, policy, practice, or other action enacted, adopted, or implemented before, on, or after the date of enactment of this Act.", "id": "H23861817EAF94FA9A43DF448CE32D4EC", "header": "Retroactive effect", "nested": [], "links": [] } ]

[ "Judiciary Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Pension Fairness Act of 2004.", "id": "H07D8E628E2E44957888C254090918145", "header": "Short title", "nested": [], "links": [] }, { "text": "1. Findings and purpose \n(a) Findings \nThe Congress finds as follows: (1) The pension system sponsored by private employers is in a weakened state due to economic recession and heightened global competition. (2) Employers increasingly are terminating or reducing the benefits provided under traditional defined benefit pension plans. (3) Over 44,000,000 workers, retirees, and their families depend on defined benefit pension plans as a critical component of their retirement security in addition to Social Security. (4) Defined benefit pension plans are currently estimated to be underfunded up to a total of $400,000,000,000, and the Pension Benefit Guaranty Corporation, the agency that insures traditional pensions, had a 2003 deficit of over $10,000,000,000. (5) The Congress in enacting the Employee Retirement Income Security Act of 1974 intended employers to adequately fund their pension plans and did not intend for the Pension Benefit Guaranty Corporation to be used as a means for restructuring companies to escape their unfunded pension liabilities. (6) Cash balance pension plans were created to reduce traditional defined benefit pension obligations without statutory authorization, and adequate standards do not exist to adequately protect the pensions of pension plan participants, particularly older participants. (7) Corporate executives often preserve or enhance executive pension and other employee benefits at the same time the benefits of non-highly paid employees are reduced. (b) Purpose \nIt is the purpose of this Act to better protect the retirement benefits afforded to workers and retirees by protecting the solvency of the Pension Benefit Guaranty Corporation and ensuring equitable treatment of corporate executives as compared to treatment provided to other employees when restructuring employers shift unfunded pension liabilities onto the Pension Benefit Guaranty Corporation or convert to cash balance pension plans without adequately protecting the retirement security of older workers.", "id": "H703DFBFFF0464630842E717E4B3EF130", "header": "Findings and purpose", "nested": [ { "text": "(a) Findings \nThe Congress finds as follows: (1) The pension system sponsored by private employers is in a weakened state due to economic recession and heightened global competition. (2) Employers increasingly are terminating or reducing the benefits provided under traditional defined benefit pension plans. (3) Over 44,000,000 workers, retirees, and their families depend on defined benefit pension plans as a critical component of their retirement security in addition to Social Security. (4) Defined benefit pension plans are currently estimated to be underfunded up to a total of $400,000,000,000, and the Pension Benefit Guaranty Corporation, the agency that insures traditional pensions, had a 2003 deficit of over $10,000,000,000. (5) The Congress in enacting the Employee Retirement Income Security Act of 1974 intended employers to adequately fund their pension plans and did not intend for the Pension Benefit Guaranty Corporation to be used as a means for restructuring companies to escape their unfunded pension liabilities. (6) Cash balance pension plans were created to reduce traditional defined benefit pension obligations without statutory authorization, and adequate standards do not exist to adequately protect the pensions of pension plan participants, particularly older participants. (7) Corporate executives often preserve or enhance executive pension and other employee benefits at the same time the benefits of non-highly paid employees are reduced.", "id": "H49847E28B76E477790AD4F52B3ED6558", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Purpose \nIt is the purpose of this Act to better protect the retirement benefits afforded to workers and retirees by protecting the solvency of the Pension Benefit Guaranty Corporation and ensuring equitable treatment of corporate executives as compared to treatment provided to other employees when restructuring employers shift unfunded pension liabilities onto the Pension Benefit Guaranty Corporation or convert to cash balance pension plans without adequately protecting the retirement security of older workers.", "id": "H7A0ADCB6983A407DAF7EB7072F36BBB7", "header": "Purpose", "nested": [], "links": [] } ], "links": [] }, { "text": "2. Termination fairness standard for nonqualified deferred compensation plans in connection with a pension plan termination based on bankruptcy reorganization or in connection with a conversion of a plan to a cash balance plan \nSection 206 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1056 ) is amended by adding at the end the following new subsection: (g) Termination fairness standard for nonqualified deferred compensation plans in connection with a pension plan termination based on bankruptcy reorganization or in connection with a conversion of a pension plan to a cash balance plan \n(1) In general \nIn any case in which a corporation is a plan sponsor of a defined benefit plan with respect to which a plan amendment is adopted that has the effect of— (A) implementing a distress termination of the plan under section 4041(c) based on bankruptcy reorganization or a termination of the plan initiated by the Pension Benefit Guaranty Corporation under section 4042 based on bankruptcy reorganization, in any case in which the plan is not sufficient for guaranteed benefits (within the meaning of section 4041(d)(2)) as of the proposed termination date, or (B) converting such plan to a cash balance plan, in any case in which the amendment— (i) results in a significant reduction in the rate of future benefit accruals (within the meaning of section 204(h)(1)) of participants with at least 10 years of service under the plan, or (ii) does not provide for an election by affected participants with at least 10 years of service under the plan (and their beneficiaries) to retain coverage under the terms of the plan as in effect immediately prior to the amendment, any covered deferred compensation plan established or maintained by such plan sponsor after the date of the adoption of such plan amendment shall meet the termination fairness standard of this subsection with respect to such plan amendment. (2) Termination fairness standard \nA covered deferred compensation plan established or maintained by a plan sponsor described in paragraph (1) meets the termination fairness standard of this subsection with respect to a plan amendment described in paragraph (1) if, during the 5-year period beginning on the date of the adoption of such plan amendment— (A) no amount of deferred compensation accrues to a disqualified individual under the terms of such covered deferred compensation plan (irrespective of whether the accrual in deferred compensation is expressed in the form of a promise, a guarantee, or any other representation), and (B) in the case of a covered deferred compensation plan established during or after the 1-year period preceding the notice date (or any amendment to a covered deferred compensation plan if such amendment is adopted during or after such 1-year period), no distribution of accrued deferred compensation is made under such plan (or such amendment) to a disqualified individual. (3) Definitions \nFor purposes of this subsection— (A) Cash balance plan \n(i) In general \nThe term cash balance plan means a defined benefit plan under which the accrued benefit is expressed to participants and beneficiaries as an amount other than an annual benefit commencing at normal retirement age. (ii) Regulations to include similar or other hybrid plans \nThe Secretary shall issue regulations which provide that a defined benefit plan (or any portion of such a plan) which has an effect similar to a plan described in clause (i) shall be treated as a cash balance plan. Such regulations may provide that if a plan sponsor represents in communications to participants and beneficiaries that a plan amendment results in a plan being described in the preceding sentence, such plan shall be treated as a cash balance plan. (B) Notice date \nThe term notice date means, with respect to an amendment described in paragraph (1)— (i) in the case of a distress termination under section 4041(d), the date of the advance notice of intent to terminate provided pursuant to section 4041(a)(2), (ii) in the case of a termination initiated by the Pension Benefit Guaranty Corporation under section 4042, the date of the application to the court under section 4042(c), and (iii) in the case of a conversion to a cash balance plan, the date of the adoption of the amendment. (C) Covered deferred compensation plan \n(i) In general \nThe term covered deferred compensation plan means any plan providing for the deferral of compensation of a disqualified individual, whether or not— (I) compensation of the disqualified individual which is deferred under such plan is subject to substantial risk of forfeiture, (II) the disqualified individual’s rights to the compensation deferred under the plan are no greater than the rights of a general creditor of the plan sponsor, (III) all amounts set aside (directly or indirectly) for purposes of paying the deferred compensation (including income), and all income attributable to such amounts, remain (until made available to the disqualified individual or other beneficiary) solely the property of the plan sponsor (without being restricted to the provision of benefits under the plan), (IV) the amounts referred to in subclause (III) are available to satisfy the claims of the plan sponsor’s general creditors at all times (not merely after bankruptcy or insolvency), and (V) some or all of the compensation of the disqualified individual which is deferred under such plan is guaranteed by an insurance company, insurance service, or other similar organization. (ii) Exception for qualified plans \nSuch term shall not include a plan that is— (I) described in section 219(g)(5)(A) of the Internal Revenue Code of 1986, or (II) an eligible deferred compensation plan (as defined in section 457(b) of such Code) of an eligible employer described in section 457(e)(1)(A) of such Code. (iii) Plan includes arrangements, etc \nFor purposes of this subparagraph, the term plan includes any agreement or arrangement. (D) Disqualified individual \nThe term disqualified individual means a director or executive officer of the plan sponsor. (E) Termination based on bankruptcy reorganization \nA termination of a plan which is a distress termination under section 4041(c) or a termination instituted by the Pension Benefit Guaranty Corporation under section 4042 is based on bankruptcy reorganization if such termination is based in whole or in part on the filing, by or against any person who is a contributing sponsor of such plan or a member of such sponsor’s controlled group, of a petition seeking reorganization in a case under title 11, United States Code, or under any similar law of a State or political subdivision of a State (or such a case in which liquidation is sought has been converted to a case in which reorganization is sought). (F) Title IV terminology \nAny term used in this subsection which is defined in section 4001(a) shall have the meaning provided such term in section 4001(a). (4) Special rules \n(A) Coordinated benefits \nIf the benefits of 2 or more defined benefit plans established or maintained by an employer are coordinated in such a manner as to have the effect of the adoption of an amendment described in paragraph (1), the sponsor of the defined benefit plan or plans providing for such coordination shall be treated as having adopted such a plan amendment as of the date such coordination begins. (B) Multiple amendments \nThe Secretary shall issue regulations to prevent the avoidance of the purposes of this subsection through the use of 2 or more plan amendments rather than a single amendment. (C) Controlled groups, etc \nFor purposes of this subsection, all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 of the Internal Revenue Code of 1986 shall be treated as 1 employer. (D) Treatment of earnings \nReferences to deferred compensation shall be treated as including references to income attributable to such compensation or such income. (5) Coordination \nThe Secretary and the Secretary of the Treasury shall ensure, through the execution of an interagency memorandum of understanding among such Secretaries, that regulations, rulings, and interpretations issued by such Secretaries relating to the same matter over which both such Secretaries have responsibility under this subsection and section 4980H of the Internal Revenue Code of 1986 are administered so as to have the same effect at all times. (6) Effect of waiver granted by Secretary of the Treasury \nTo the extent that any requirement of the termination fairness standard of section 4980H(b) of the Internal Revenue Code of 1986 is waived by the Secretary of the Treasury with respect to any disqualified individual under section 4980H(h) of such Code in the case of any plan amendment having the effect of a termination described in paragraph (1)(A) of this subsection, such requirement under the termination fairness standard of paragraph (2) of this subsection shall not apply with respect to such individual in the case of such plan amendment..", "id": "H9E8777ACE5E54A94A15EBDC22B2C8CFB", "header": "Termination fairness standard for nonqualified deferred compensation plans in connection with a pension plan termination based on bankruptcy reorganization or in connection with a conversion of a plan to a cash balance plan", "nested": [], "links": [ { "text": "29 U.S.C. 1056", "legal-doc": "usc", "parsable-cite": "usc/29/1056" }, { "text": "section 219(g)(5)(A)", "legal-doc": "usc", "parsable-cite": "usc/26/219" }, { "text": "section 414", "legal-doc": "usc", "parsable-cite": "usc/26/414" }, { "text": "section 4980H", "legal-doc": "usc", "parsable-cite": "usc/26/4980H" }, { "text": "section 4980H(b)", "legal-doc": "usc", "parsable-cite": "usc/26/4980H" } ] }, { "text": "3. Excise tax on funding nonqualified deferred compensation plans in the event of a pension plan termination based on bankruptcy reorganization or a conversion of a pension plan to a cash balance plan \n(a) In general \nChapter 43 of the Internal Revenue Code of 1986 (relating to qualified pension, etc., plans) is amended by adding at the end the following new section: 4980H. Funding nonqualified deferred compensation plans in the event of a pension plan termination based on bankruptcy reorganization or a conversion of a pension plan to a cash balance plan \n(a) Imposition of tax \nIn any case in which a corporation is a plan sponsor of a defined benefit plan with respect to which an plan amendment is adopted that has the effect of— (1) implementing a distress termination of the plan under section 4041(c) of the Employee Retirement Income Security Act of 1974 based on bankruptcy reorganization or a termination of the plan initiated by the Pension Benefit Guaranty Corporation under section 4042 of such Act based on bankruptcy reorganization, in any case in which the plan is not sufficient for guaranteed benefits (within the meaning of section 4041(d)(2) of such Act) as of the proposed termination date, or (2) converting such plan to a cash balance plan, in any case in which the amendment— (A) results in a significant reduction in the rate of future benefit accruals (within the meaning of section 4980F(e)(1)) of participants with at least 10 years of service under the plan, or (B) does not provide for an election by affected participants with at least 10 years of service under the plan (and their beneficiaries) to retain coverage under the terms of the plan as in effect immediately prior to the amendment, there is hereby imposed a tax on any failure to meet the termination fairness standard of subsection (b) with respect to such plan amendment. (b) Termination fairness standard \nA covered deferred compensation plan established or maintained by a plan sponsor described in subsection (a) meets the termination fairness standard of this subsection with respect to a plan amendment described in subsection (a) if, during the 5-year period beginning on the date of the adoption of such plan amendment— (1) no amount of deferred compensation accrues to a disqualified individual under the terms of such covered deferred compensation plan (irrespective of whether the accrual in deferred compensation is expressed in the form of a promise, a guarantee, or any other representation), and (2) in the case of a covered deferred compensation plan established during or after the 1-year period preceding the notice date (or any amendment to a covered deferred compensation plan if such amendment is adopted during or after such 1-year period), no distribution of accrued deferred compensation is made under such plan (or such amendment) to a disqualified individual. (c) Amount of tax \nThe amount of the tax imposed by subsection (a) shall be equal to the amount of the accrual described in subsection (b)(1) comprising the failure or the distribution described in subsection (b)(2) comprising the failure. (d) Liability for tax \nThe plan sponsor shall be liable for the tax imposed by this section. (e) Definitions \nFor purposes of this section— (1) Cash balance plan \n(A) In general \nThe term cash balance plan means a defined benefit plan under which the accrued benefit is expressed to participants and beneficiaries as an amount other than an annual benefit commencing at normal retirement age. (B) Regulations to include similar or other hybrid plans \nThe Secretary shall issue regulations which provide that a defined benefit plan (or any portion of such a plan) which has an effect similar to a plan described in subparagraph (A) shall be treated as a cash balance plan. Such regulations may provide that if a plan sponsor represents in communications to participants and beneficiaries that a plan amendment results in a plan being described in the preceding sentence, such plan shall be treated as a cash balance plan. (2) Notice date \nThe term notice date means with respect to an amendment described in subsection (a)— (A) in the case of a distress termination under section 4041(d) of the Employee Retirement Income Security Act of 1974 , the date of the advance notice of intent to terminate provided pursuant to section 4041(a)(2) of such Act, (B) in the case of a termination initiated by the Pension Benefit Guaranty Corporation under section 4042 of such Act, the date of the application to the court under section 4042(c) of such Act, and (C) in the case of a conversion to a cash balance plan, the date of the adoption of the amendment. (3) Covered deferred compensation plan \n(A) In general \nThe term covered deferred compensation plan means any plan providing for the deferral of compensation of a disqualified individual, whether or not— (i) compensation of the disqualified individual which is deferred under such plan is subject to substantial risk of forfeiture, (ii) the disqualified individual’s rights to the compensation deferred under the plan are no greater than the rights of a general creditor of the plan sponsor, (iii) all amounts set aside (directly or indirectly) for purposes of paying the deferred compensation, and all income attributable to such amounts, remain (until made available to the participant or other beneficiary) solely the property of the (without being restricted to the provision of benefits under the plan), (iv) the amounts referred to in clause (iii) are available to satisfy the claims of the plan sponsor’s general creditors at all times (not merely after bankruptcy or insolvency), and (v) some or all of the compensation of the disqualified individual which is deferred under such plan is guaranteed by an insurance company, insurance service, or other similar organization. (B) Exception for qualified plans \nSuch term shall not include a plan that is— (i) described in section 219(g)(5)(A), or (ii) an eligible deferred compensation plan (as defined in section 457(b)) of an eligible described in section 457(e)(1)(A). (C) Plan includes arrangements, etc \nFor purposes of this paragraph, the term plan includes any agreement or arrangement. (4) Disqualified individual \nThe term disqualified individual means a director or executive officer of the plan sponsor. (5) Termination based on bankruptcy reorganization \nA termination of a plan which is a distress termination under section 4041(c) or a termination instituted by the Pension Benefit Guaranty Corporation under section 4042 is based on bankruptcy reorganization if such termination is based in whole or in part on the filing, by or against any person who is a contributing sponsor of such plan or a member of such sponsor’s controlled group, of a petition seeking reorganization in a case under title 11, United States Code, or under any similar law of a State or political subdivision of a State (or such a case in which liquidation is sought has been converted to a case in which reorganization is sought). (6) Title IV terminology \nAny term used in this section which is defined in section 4001(a) of the Employee Retirement Income Security Act of 1974 shall have the meaning provided such term in such section 4001(a). (f) Special rules \n(1) Coordinated benefits \nIf the benefits of 2 or more defined benefit plans established or maintained by an are coordinated in such a manner as to have the effect of the adoption of an amendment described in subsection (a), the sponsor of the defined benefit plan or plans providing for such coordination shall be treated as having adopted such a plan amendment as of the date such coordination begins. (2) Multiple amendments \nThe Secretary shall issue regulations to prevent the avoidance of the purposes of this section through the use of 2 or more plan amendments rather than a single amendment. (3) Controlled groups, etc \nFor purposes of this section, all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as 1 employer. (4) Treatment of earnings \nReferences to deferred compensation shall be treated as including references to income attributable to such compensation or such income. (g) Coordination \nThe Secretary and the Secretary of Labor shall ensure, through the execution of an interagency memorandum of understanding among such Secretaries, that regulations, rulings, and interpretations issued by such Secretaries relating to the same matter over which both such Secretaries have responsibility under this section and section 206(g) of the Employee Retirement Income Security Act of 1974 are administered so as to have the same effect at all times. (h) Waiver \n(1) In general \nIn the case of any plan amendment having the effect of a termination described in subsection (a)(1), the Secretary may waive the application of any requirement of the termination fairness standard of subsection (b) with respect to any disqualified individual who first commences service for the plan sponsor after the notice date with respect to such plan amendment. The Secretary may grant any such waiver in the case of any such plan amendment with respect to any such disqualified individual only after consultation with the Pension Benefit Guaranty Corporation. The Secretary shall promptly notify the Secretary of Labor of any such waiver granted by the Secretary. (2) Requirements for waiver \nA waiver may be granted under paragraph (1) only— (A) upon the filing with the Secretary by the plan sponsor of an application for such waiver, in such form and manner as shall be prescribed in regulations of the Secretary, (B) upon a showing, to the satisfaction of the Secretary, that such waiver is a business necessity for the plan sponsor, as determined under such regulations, and is in the best interest of plan participants and beneficiaries, as determined under such regulations, and (C) after the participants, in such form and manner as shall be provided in such regulations, have been notified of the filing of the application for the waiver and have been provided a reasonable opportunity to provide in advance comments to the Secretary regarding the proposed waiver.. (b) Clerical amendment \nThe table of sections for chapter 43 of such Code is amended by adding at the end the following new item: Sec. 4980H. Funding nonqualified deferred compensation plans in the event of a pension plan termination based on bankruptcy reorganization or a conversion of a pension plan to a cash balance plan.", "id": "H65D9BEBFAB60451CAFC9EA152212DF6", "header": "Excise tax on funding nonqualified deferred compensation plans in the event of a pension plan termination based on bankruptcy reorganization or a conversion of a pension plan to a cash balance plan", "nested": [ { "text": "(a) In general \nChapter 43 of the Internal Revenue Code of 1986 (relating to qualified pension, etc., plans) is amended by adding at the end the following new section: 4980H. Funding nonqualified deferred compensation plans in the event of a pension plan termination based on bankruptcy reorganization or a conversion of a pension plan to a cash balance plan \n(a) Imposition of tax \nIn any case in which a corporation is a plan sponsor of a defined benefit plan with respect to which an plan amendment is adopted that has the effect of— (1) implementing a distress termination of the plan under section 4041(c) of the Employee Retirement Income Security Act of 1974 based on bankruptcy reorganization or a termination of the plan initiated by the Pension Benefit Guaranty Corporation under section 4042 of such Act based on bankruptcy reorganization, in any case in which the plan is not sufficient for guaranteed benefits (within the meaning of section 4041(d)(2) of such Act) as of the proposed termination date, or (2) converting such plan to a cash balance plan, in any case in which the amendment— (A) results in a significant reduction in the rate of future benefit accruals (within the meaning of section 4980F(e)(1)) of participants with at least 10 years of service under the plan, or (B) does not provide for an election by affected participants with at least 10 years of service under the plan (and their beneficiaries) to retain coverage under the terms of the plan as in effect immediately prior to the amendment, there is hereby imposed a tax on any failure to meet the termination fairness standard of subsection (b) with respect to such plan amendment. (b) Termination fairness standard \nA covered deferred compensation plan established or maintained by a plan sponsor described in subsection (a) meets the termination fairness standard of this subsection with respect to a plan amendment described in subsection (a) if, during the 5-year period beginning on the date of the adoption of such plan amendment— (1) no amount of deferred compensation accrues to a disqualified individual under the terms of such covered deferred compensation plan (irrespective of whether the accrual in deferred compensation is expressed in the form of a promise, a guarantee, or any other representation), and (2) in the case of a covered deferred compensation plan established during or after the 1-year period preceding the notice date (or any amendment to a covered deferred compensation plan if such amendment is adopted during or after such 1-year period), no distribution of accrued deferred compensation is made under such plan (or such amendment) to a disqualified individual. (c) Amount of tax \nThe amount of the tax imposed by subsection (a) shall be equal to the amount of the accrual described in subsection (b)(1) comprising the failure or the distribution described in subsection (b)(2) comprising the failure. (d) Liability for tax \nThe plan sponsor shall be liable for the tax imposed by this section. (e) Definitions \nFor purposes of this section— (1) Cash balance plan \n(A) In general \nThe term cash balance plan means a defined benefit plan under which the accrued benefit is expressed to participants and beneficiaries as an amount other than an annual benefit commencing at normal retirement age. (B) Regulations to include similar or other hybrid plans \nThe Secretary shall issue regulations which provide that a defined benefit plan (or any portion of such a plan) which has an effect similar to a plan described in subparagraph (A) shall be treated as a cash balance plan. Such regulations may provide that if a plan sponsor represents in communications to participants and beneficiaries that a plan amendment results in a plan being described in the preceding sentence, such plan shall be treated as a cash balance plan. (2) Notice date \nThe term notice date means with respect to an amendment described in subsection (a)— (A) in the case of a distress termination under section 4041(d) of the Employee Retirement Income Security Act of 1974 , the date of the advance notice of intent to terminate provided pursuant to section 4041(a)(2) of such Act, (B) in the case of a termination initiated by the Pension Benefit Guaranty Corporation under section 4042 of such Act, the date of the application to the court under section 4042(c) of such Act, and (C) in the case of a conversion to a cash balance plan, the date of the adoption of the amendment. (3) Covered deferred compensation plan \n(A) In general \nThe term covered deferred compensation plan means any plan providing for the deferral of compensation of a disqualified individual, whether or not— (i) compensation of the disqualified individual which is deferred under such plan is subject to substantial risk of forfeiture, (ii) the disqualified individual’s rights to the compensation deferred under the plan are no greater than the rights of a general creditor of the plan sponsor, (iii) all amounts set aside (directly or indirectly) for purposes of paying the deferred compensation, and all income attributable to such amounts, remain (until made available to the participant or other beneficiary) solely the property of the (without being restricted to the provision of benefits under the plan), (iv) the amounts referred to in clause (iii) are available to satisfy the claims of the plan sponsor’s general creditors at all times (not merely after bankruptcy or insolvency), and (v) some or all of the compensation of the disqualified individual which is deferred under such plan is guaranteed by an insurance company, insurance service, or other similar organization. (B) Exception for qualified plans \nSuch term shall not include a plan that is— (i) described in section 219(g)(5)(A), or (ii) an eligible deferred compensation plan (as defined in section 457(b)) of an eligible described in section 457(e)(1)(A). (C) Plan includes arrangements, etc \nFor purposes of this paragraph, the term plan includes any agreement or arrangement. (4) Disqualified individual \nThe term disqualified individual means a director or executive officer of the plan sponsor. (5) Termination based on bankruptcy reorganization \nA termination of a plan which is a distress termination under section 4041(c) or a termination instituted by the Pension Benefit Guaranty Corporation under section 4042 is based on bankruptcy reorganization if such termination is based in whole or in part on the filing, by or against any person who is a contributing sponsor of such plan or a member of such sponsor’s controlled group, of a petition seeking reorganization in a case under title 11, United States Code, or under any similar law of a State or political subdivision of a State (or such a case in which liquidation is sought has been converted to a case in which reorganization is sought). (6) Title IV terminology \nAny term used in this section which is defined in section 4001(a) of the Employee Retirement Income Security Act of 1974 shall have the meaning provided such term in such section 4001(a). (f) Special rules \n(1) Coordinated benefits \nIf the benefits of 2 or more defined benefit plans established or maintained by an are coordinated in such a manner as to have the effect of the adoption of an amendment described in subsection (a), the sponsor of the defined benefit plan or plans providing for such coordination shall be treated as having adopted such a plan amendment as of the date such coordination begins. (2) Multiple amendments \nThe Secretary shall issue regulations to prevent the avoidance of the purposes of this section through the use of 2 or more plan amendments rather than a single amendment. (3) Controlled groups, etc \nFor purposes of this section, all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as 1 employer. (4) Treatment of earnings \nReferences to deferred compensation shall be treated as including references to income attributable to such compensation or such income. (g) Coordination \nThe Secretary and the Secretary of Labor shall ensure, through the execution of an interagency memorandum of understanding among such Secretaries, that regulations, rulings, and interpretations issued by such Secretaries relating to the same matter over which both such Secretaries have responsibility under this section and section 206(g) of the Employee Retirement Income Security Act of 1974 are administered so as to have the same effect at all times. (h) Waiver \n(1) In general \nIn the case of any plan amendment having the effect of a termination described in subsection (a)(1), the Secretary may waive the application of any requirement of the termination fairness standard of subsection (b) with respect to any disqualified individual who first commences service for the plan sponsor after the notice date with respect to such plan amendment. The Secretary may grant any such waiver in the case of any such plan amendment with respect to any such disqualified individual only after consultation with the Pension Benefit Guaranty Corporation. The Secretary shall promptly notify the Secretary of Labor of any such waiver granted by the Secretary. (2) Requirements for waiver \nA waiver may be granted under paragraph (1) only— (A) upon the filing with the Secretary by the plan sponsor of an application for such waiver, in such form and manner as shall be prescribed in regulations of the Secretary, (B) upon a showing, to the satisfaction of the Secretary, that such waiver is a business necessity for the plan sponsor, as determined under such regulations, and is in the best interest of plan participants and beneficiaries, as determined under such regulations, and (C) after the participants, in such form and manner as shall be provided in such regulations, have been notified of the filing of the application for the waiver and have been provided a reasonable opportunity to provide in advance comments to the Secretary regarding the proposed waiver..", "id": "HD1B7921E4E5F4AD3A2DD707226931123", "header": "In general", "nested": [], "links": [ { "text": "Chapter 43", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/43" } ] }, { "text": "(b) Clerical amendment \nThe table of sections for chapter 43 of such Code is amended by adding at the end the following new item: Sec. 4980H. Funding nonqualified deferred compensation plans in the event of a pension plan termination based on bankruptcy reorganization or a conversion of a pension plan to a cash balance plan.", "id": "HF36921BC472642DBBA4471EF8B734648", "header": "Clerical amendment", "nested": [], "links": [] } ], "links": [ { "text": "Chapter 43", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/43" } ] }, { "text": "4980H. Funding nonqualified deferred compensation plans in the event of a pension plan termination based on bankruptcy reorganization or a conversion of a pension plan to a cash balance plan \n(a) Imposition of tax \nIn any case in which a corporation is a plan sponsor of a defined benefit plan with respect to which an plan amendment is adopted that has the effect of— (1) implementing a distress termination of the plan under section 4041(c) of the Employee Retirement Income Security Act of 1974 based on bankruptcy reorganization or a termination of the plan initiated by the Pension Benefit Guaranty Corporation under section 4042 of such Act based on bankruptcy reorganization, in any case in which the plan is not sufficient for guaranteed benefits (within the meaning of section 4041(d)(2) of such Act) as of the proposed termination date, or (2) converting such plan to a cash balance plan, in any case in which the amendment— (A) results in a significant reduction in the rate of future benefit accruals (within the meaning of section 4980F(e)(1)) of participants with at least 10 years of service under the plan, or (B) does not provide for an election by affected participants with at least 10 years of service under the plan (and their beneficiaries) to retain coverage under the terms of the plan as in effect immediately prior to the amendment, there is hereby imposed a tax on any failure to meet the termination fairness standard of subsection (b) with respect to such plan amendment. (b) Termination fairness standard \nA covered deferred compensation plan established or maintained by a plan sponsor described in subsection (a) meets the termination fairness standard of this subsection with respect to a plan amendment described in subsection (a) if, during the 5-year period beginning on the date of the adoption of such plan amendment— (1) no amount of deferred compensation accrues to a disqualified individual under the terms of such covered deferred compensation plan (irrespective of whether the accrual in deferred compensation is expressed in the form of a promise, a guarantee, or any other representation), and (2) in the case of a covered deferred compensation plan established during or after the 1-year period preceding the notice date (or any amendment to a covered deferred compensation plan if such amendment is adopted during or after such 1-year period), no distribution of accrued deferred compensation is made under such plan (or such amendment) to a disqualified individual. (c) Amount of tax \nThe amount of the tax imposed by subsection (a) shall be equal to the amount of the accrual described in subsection (b)(1) comprising the failure or the distribution described in subsection (b)(2) comprising the failure. (d) Liability for tax \nThe plan sponsor shall be liable for the tax imposed by this section. (e) Definitions \nFor purposes of this section— (1) Cash balance plan \n(A) In general \nThe term cash balance plan means a defined benefit plan under which the accrued benefit is expressed to participants and beneficiaries as an amount other than an annual benefit commencing at normal retirement age. (B) Regulations to include similar or other hybrid plans \nThe Secretary shall issue regulations which provide that a defined benefit plan (or any portion of such a plan) which has an effect similar to a plan described in subparagraph (A) shall be treated as a cash balance plan. Such regulations may provide that if a plan sponsor represents in communications to participants and beneficiaries that a plan amendment results in a plan being described in the preceding sentence, such plan shall be treated as a cash balance plan. (2) Notice date \nThe term notice date means with respect to an amendment described in subsection (a)— (A) in the case of a distress termination under section 4041(d) of the Employee Retirement Income Security Act of 1974 , the date of the advance notice of intent to terminate provided pursuant to section 4041(a)(2) of such Act, (B) in the case of a termination initiated by the Pension Benefit Guaranty Corporation under section 4042 of such Act, the date of the application to the court under section 4042(c) of such Act, and (C) in the case of a conversion to a cash balance plan, the date of the adoption of the amendment. (3) Covered deferred compensation plan \n(A) In general \nThe term covered deferred compensation plan means any plan providing for the deferral of compensation of a disqualified individual, whether or not— (i) compensation of the disqualified individual which is deferred under such plan is subject to substantial risk of forfeiture, (ii) the disqualified individual’s rights to the compensation deferred under the plan are no greater than the rights of a general creditor of the plan sponsor, (iii) all amounts set aside (directly or indirectly) for purposes of paying the deferred compensation, and all income attributable to such amounts, remain (until made available to the participant or other beneficiary) solely the property of the (without being restricted to the provision of benefits under the plan), (iv) the amounts referred to in clause (iii) are available to satisfy the claims of the plan sponsor’s general creditors at all times (not merely after bankruptcy or insolvency), and (v) some or all of the compensation of the disqualified individual which is deferred under such plan is guaranteed by an insurance company, insurance service, or other similar organization. (B) Exception for qualified plans \nSuch term shall not include a plan that is— (i) described in section 219(g)(5)(A), or (ii) an eligible deferred compensation plan (as defined in section 457(b)) of an eligible described in section 457(e)(1)(A). (C) Plan includes arrangements, etc \nFor purposes of this paragraph, the term plan includes any agreement or arrangement. (4) Disqualified individual \nThe term disqualified individual means a director or executive officer of the plan sponsor. (5) Termination based on bankruptcy reorganization \nA termination of a plan which is a distress termination under section 4041(c) or a termination instituted by the Pension Benefit Guaranty Corporation under section 4042 is based on bankruptcy reorganization if such termination is based in whole or in part on the filing, by or against any person who is a contributing sponsor of such plan or a member of such sponsor’s controlled group, of a petition seeking reorganization in a case under title 11, United States Code, or under any similar law of a State or political subdivision of a State (or such a case in which liquidation is sought has been converted to a case in which reorganization is sought). (6) Title IV terminology \nAny term used in this section which is defined in section 4001(a) of the Employee Retirement Income Security Act of 1974 shall have the meaning provided such term in such section 4001(a). (f) Special rules \n(1) Coordinated benefits \nIf the benefits of 2 or more defined benefit plans established or maintained by an are coordinated in such a manner as to have the effect of the adoption of an amendment described in subsection (a), the sponsor of the defined benefit plan or plans providing for such coordination shall be treated as having adopted such a plan amendment as of the date such coordination begins. (2) Multiple amendments \nThe Secretary shall issue regulations to prevent the avoidance of the purposes of this section through the use of 2 or more plan amendments rather than a single amendment. (3) Controlled groups, etc \nFor purposes of this section, all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as 1 employer. (4) Treatment of earnings \nReferences to deferred compensation shall be treated as including references to income attributable to such compensation or such income. (g) Coordination \nThe Secretary and the Secretary of Labor shall ensure, through the execution of an interagency memorandum of understanding among such Secretaries, that regulations, rulings, and interpretations issued by such Secretaries relating to the same matter over which both such Secretaries have responsibility under this section and section 206(g) of the Employee Retirement Income Security Act of 1974 are administered so as to have the same effect at all times. (h) Waiver \n(1) In general \nIn the case of any plan amendment having the effect of a termination described in subsection (a)(1), the Secretary may waive the application of any requirement of the termination fairness standard of subsection (b) with respect to any disqualified individual who first commences service for the plan sponsor after the notice date with respect to such plan amendment. The Secretary may grant any such waiver in the case of any such plan amendment with respect to any such disqualified individual only after consultation with the Pension Benefit Guaranty Corporation. The Secretary shall promptly notify the Secretary of Labor of any such waiver granted by the Secretary. (2) Requirements for waiver \nA waiver may be granted under paragraph (1) only— (A) upon the filing with the Secretary by the plan sponsor of an application for such waiver, in such form and manner as shall be prescribed in regulations of the Secretary, (B) upon a showing, to the satisfaction of the Secretary, that such waiver is a business necessity for the plan sponsor, as determined under such regulations, and is in the best interest of plan participants and beneficiaries, as determined under such regulations, and (C) after the participants, in such form and manner as shall be provided in such regulations, have been notified of the filing of the application for the waiver and have been provided a reasonable opportunity to provide in advance comments to the Secretary regarding the proposed waiver.", "id": "HE9F955385DC343F4BC024EBE51BCDB7B", "header": "Funding nonqualified deferred compensation plans in the event of a pension plan termination based on bankruptcy reorganization or a conversion of a pension plan to a cash balance plan", "nested": [ { "text": "(a) Imposition of tax \nIn any case in which a corporation is a plan sponsor of a defined benefit plan with respect to which an plan amendment is adopted that has the effect of— (1) implementing a distress termination of the plan under section 4041(c) of the Employee Retirement Income Security Act of 1974 based on bankruptcy reorganization or a termination of the plan initiated by the Pension Benefit Guaranty Corporation under section 4042 of such Act based on bankruptcy reorganization, in any case in which the plan is not sufficient for guaranteed benefits (within the meaning of section 4041(d)(2) of such Act) as of the proposed termination date, or (2) converting such plan to a cash balance plan, in any case in which the amendment— (A) results in a significant reduction in the rate of future benefit accruals (within the meaning of section 4980F(e)(1)) of participants with at least 10 years of service under the plan, or (B) does not provide for an election by affected participants with at least 10 years of service under the plan (and their beneficiaries) to retain coverage under the terms of the plan as in effect immediately prior to the amendment, there is hereby imposed a tax on any failure to meet the termination fairness standard of subsection (b) with respect to such plan amendment.", "id": "H3E4CCEB8BA864784A58D30E2FD221300", "header": "Imposition of tax", "nested": [], "links": [] }, { "text": "(b) Termination fairness standard \nA covered deferred compensation plan established or maintained by a plan sponsor described in subsection (a) meets the termination fairness standard of this subsection with respect to a plan amendment described in subsection (a) if, during the 5-year period beginning on the date of the adoption of such plan amendment— (1) no amount of deferred compensation accrues to a disqualified individual under the terms of such covered deferred compensation plan (irrespective of whether the accrual in deferred compensation is expressed in the form of a promise, a guarantee, or any other representation), and (2) in the case of a covered deferred compensation plan established during or after the 1-year period preceding the notice date (or any amendment to a covered deferred compensation plan if such amendment is adopted during or after such 1-year period), no distribution of accrued deferred compensation is made under such plan (or such amendment) to a disqualified individual.", "id": "H5B341CC92FE74050B808BCE4F0CA6849", "header": "Termination fairness standard", "nested": [], "links": [] }, { "text": "(c) Amount of tax \nThe amount of the tax imposed by subsection (a) shall be equal to the amount of the accrual described in subsection (b)(1) comprising the failure or the distribution described in subsection (b)(2) comprising the failure.", "id": "HF16392BE83204F8996D9E381ADF077D8", "header": "Amount of tax", "nested": [], "links": [] }, { "text": "(d) Liability for tax \nThe plan sponsor shall be liable for the tax imposed by this section.", "id": "HE5EEAA82FB204374AD411ED3CA192E51", "header": "Liability for tax", "nested": [], "links": [] }, { "text": "(e) Definitions \nFor purposes of this section— (1) Cash balance plan \n(A) In general \nThe term cash balance plan means a defined benefit plan under which the accrued benefit is expressed to participants and beneficiaries as an amount other than an annual benefit commencing at normal retirement age. (B) Regulations to include similar or other hybrid plans \nThe Secretary shall issue regulations which provide that a defined benefit plan (or any portion of such a plan) which has an effect similar to a plan described in subparagraph (A) shall be treated as a cash balance plan. Such regulations may provide that if a plan sponsor represents in communications to participants and beneficiaries that a plan amendment results in a plan being described in the preceding sentence, such plan shall be treated as a cash balance plan. (2) Notice date \nThe term notice date means with respect to an amendment described in subsection (a)— (A) in the case of a distress termination under section 4041(d) of the Employee Retirement Income Security Act of 1974 , the date of the advance notice of intent to terminate provided pursuant to section 4041(a)(2) of such Act, (B) in the case of a termination initiated by the Pension Benefit Guaranty Corporation under section 4042 of such Act, the date of the application to the court under section 4042(c) of such Act, and (C) in the case of a conversion to a cash balance plan, the date of the adoption of the amendment. (3) Covered deferred compensation plan \n(A) In general \nThe term covered deferred compensation plan means any plan providing for the deferral of compensation of a disqualified individual, whether or not— (i) compensation of the disqualified individual which is deferred under such plan is subject to substantial risk of forfeiture, (ii) the disqualified individual’s rights to the compensation deferred under the plan are no greater than the rights of a general creditor of the plan sponsor, (iii) all amounts set aside (directly or indirectly) for purposes of paying the deferred compensation, and all income attributable to such amounts, remain (until made available to the participant or other beneficiary) solely the property of the (without being restricted to the provision of benefits under the plan), (iv) the amounts referred to in clause (iii) are available to satisfy the claims of the plan sponsor’s general creditors at all times (not merely after bankruptcy or insolvency), and (v) some or all of the compensation of the disqualified individual which is deferred under such plan is guaranteed by an insurance company, insurance service, or other similar organization. (B) Exception for qualified plans \nSuch term shall not include a plan that is— (i) described in section 219(g)(5)(A), or (ii) an eligible deferred compensation plan (as defined in section 457(b)) of an eligible described in section 457(e)(1)(A). (C) Plan includes arrangements, etc \nFor purposes of this paragraph, the term plan includes any agreement or arrangement. (4) Disqualified individual \nThe term disqualified individual means a director or executive officer of the plan sponsor. (5) Termination based on bankruptcy reorganization \nA termination of a plan which is a distress termination under section 4041(c) or a termination instituted by the Pension Benefit Guaranty Corporation under section 4042 is based on bankruptcy reorganization if such termination is based in whole or in part on the filing, by or against any person who is a contributing sponsor of such plan or a member of such sponsor’s controlled group, of a petition seeking reorganization in a case under title 11, United States Code, or under any similar law of a State or political subdivision of a State (or such a case in which liquidation is sought has been converted to a case in which reorganization is sought). (6) Title IV terminology \nAny term used in this section which is defined in section 4001(a) of the Employee Retirement Income Security Act of 1974 shall have the meaning provided such term in such section 4001(a).", "id": "HE9BB2F47DC074B6A92918CFDBAE41F22", "header": "Definitions", "nested": [], "links": [] }, { "text": "(f) Special rules \n(1) Coordinated benefits \nIf the benefits of 2 or more defined benefit plans established or maintained by an are coordinated in such a manner as to have the effect of the adoption of an amendment described in subsection (a), the sponsor of the defined benefit plan or plans providing for such coordination shall be treated as having adopted such a plan amendment as of the date such coordination begins. (2) Multiple amendments \nThe Secretary shall issue regulations to prevent the avoidance of the purposes of this section through the use of 2 or more plan amendments rather than a single amendment. (3) Controlled groups, etc \nFor purposes of this section, all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as 1 employer. (4) Treatment of earnings \nReferences to deferred compensation shall be treated as including references to income attributable to such compensation or such income.", "id": "H98DC33E6BED24FE8857C5FCF149E9C3B", "header": "Special rules", "nested": [], "links": [] }, { "text": "(g) Coordination \nThe Secretary and the Secretary of Labor shall ensure, through the execution of an interagency memorandum of understanding among such Secretaries, that regulations, rulings, and interpretations issued by such Secretaries relating to the same matter over which both such Secretaries have responsibility under this section and section 206(g) of the Employee Retirement Income Security Act of 1974 are administered so as to have the same effect at all times.", "id": "H2792AD1929B44A438B31576F0200C6AE", "header": "Coordination", "nested": [], "links": [] }, { "text": "(h) Waiver \n(1) In general \nIn the case of any plan amendment having the effect of a termination described in subsection (a)(1), the Secretary may waive the application of any requirement of the termination fairness standard of subsection (b) with respect to any disqualified individual who first commences service for the plan sponsor after the notice date with respect to such plan amendment. The Secretary may grant any such waiver in the case of any such plan amendment with respect to any such disqualified individual only after consultation with the Pension Benefit Guaranty Corporation. The Secretary shall promptly notify the Secretary of Labor of any such waiver granted by the Secretary. (2) Requirements for waiver \nA waiver may be granted under paragraph (1) only— (A) upon the filing with the Secretary by the plan sponsor of an application for such waiver, in such form and manner as shall be prescribed in regulations of the Secretary, (B) upon a showing, to the satisfaction of the Secretary, that such waiver is a business necessity for the plan sponsor, as determined under such regulations, and is in the best interest of plan participants and beneficiaries, as determined under such regulations, and (C) after the participants, in such form and manner as shall be provided in such regulations, have been notified of the filing of the application for the waiver and have been provided a reasonable opportunity to provide in advance comments to the Secretary regarding the proposed waiver.", "id": "H8615047417DE444AA85BB68B57CC1869", "header": "Waiver", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Effective date \nThe amendments made by this Act shall apply to plan amendments adopted on or after October 8, 2004.", "id": "H53B88F22A10F455D94222700609397F", "header": "Effective date", "nested": [], "links": [] } ]

[ "Ways and Means Committee", "Education and the Workforce Committee" ]

[ { "text": "1. Renewable energy system loan guarantees \nSection 9006 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8106 ) is amended— (1) in subsection (c)(1), by striking The each place it appears and inserting Except as provided in subsection (e), the ; (2) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and (3) by inserting after subsection (d) the following: (e) Loan guarantees for major projects \n(1) Definition of subsidy costs \nIn this subsection, the term subsidy costs has the meaning given the term cost in section 502 of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661a ). (2) Projects \nSubsection (c)(1) shall not apply to a loan guarantee made under this section to carry out a project if— (A) the loan will be used— (i) to purchase a renewable energy system associated with a commercial production agricultural enterprise; and (ii) to promote a solution to an environmental problem of the State in which the project will be carried out; (B) the principal amount of the loan is not less than $50,000,000 and not more than $100,000,000; (C) the lender of the loan exercises due diligence with respect to the borrower of the loan; (D) the borrower of the loan pays in full, before the guarantee is issued, a guarantee fee in the amount of the estimated subsidy cost of the guarantee, as determined by the Director of the Office of Management and Budget; (E) the project is certified by the appropriate State agency, as designated by the Governor of the State in which the project will be carried out; (F) the project requires no Federal or State financial assistance, other than the loan guarantee provided under this subsection; and (G) the project complies with all necessary permits, licenses, and approvals required under the laws of the State. (3) Priority \nIn making loan guarantees under this section for projects described in paragraph (2), the Secretary shall give priority to renewable energy projects that promote the production of an agricultural commodity that is imported into the United States. (4) Cost sharing \n(A) In general \nThe amount of a loan guarantee under this section for a project described in paragraph (2) shall not exceed 80 percent of the total project cost. (B) Subordination \nAny financing for the non-Federal share of the total project cost shall be subordinated to the federally guaranteed portion of the total project cost. (5) Maximum amount \n(A) Individual loans \nThe amount of principal for a loan under this section for a project described in paragraph (2) shall not exceed $100,000,000. (B) All loans \nThe total outstanding amount of principal for loans under this section for all projects described in paragraph (2) shall not exceed $1,000,000,000 for fiscal year 2004..", "id": "HD2531B67E03D426B80AA70AFE2CA5BCB", "header": "Renewable energy system loan guarantees", "nested": [], "links": [ { "text": "7 U.S.C. 8106", "legal-doc": "usc", "parsable-cite": "usc/7/8106" }, { "text": "2 U.S.C. 661a", "legal-doc": "usc", "parsable-cite": "usc/2/661a" } ] } ]

[ "Agriculture Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Medicare Rural Home Health Services Improvement Act of 2004.", "id": "H67CBBA52A9834BDFB9DBE81B3694197B", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Two-year extension of temporary medicare payment increase for home health services furnished in a rural area \nSection 421 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ; 117 Stat. 2283; 42 U.S.C. 1395fff note) is amended— (1) in the section heading, by striking one-year and inserting temporary ; and (2) in subsection (a), by striking 2005 and inserting 2007.", "id": "HD6DD5DA3F8154D02AE0076FF569F337F", "header": "Two-year extension of temporary medicare payment increase for home health services furnished in a rural area", "nested": [], "links": [ { "text": "Public Law 108–173", "legal-doc": "public-law", "parsable-cite": "pl/108/173" }, { "text": "42 U.S.C. 1395fff", "legal-doc": "usc", "parsable-cite": "usc/42/1395fff" } ] } ]

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

[ { "text": "1. Short title \nThis Act may be cited as the Pentagon 9/11 Memorial Commemorative Coin Act of 2004.", "id": "H545CC31E65D642449943280030F820BB", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nThe Congress finds as follows: (1) Construction of the Pentagon was completed in the midst of World War II on January 15, 1943. (2) September 11, 2001, marks a tragic day in the history of the United States and the Pentagon Building located in Arlington, Virginia. (3) 184 individuals ages 3 to 71 lost their lives through the horrific event that unfolded at the Pentagon on September 11, 2001. (4) An appropriate memorial reminding us of the brave men, women, and children who perished has been designed and is to be built on 1.93 acres located on the western side of the Pentagon Building. (5) The target completion date for the construction of the Pentagon Memorial park is late fall 2006. (6) Almost $30,000,000 will need to be raised from the private sector in order to begin construction of the memorial and to maintain it upon completion. (7) The surcharge proceeds from the sale of a commemorative coin, which would have no net cost to the taxpayers, would raise valuable funding for the construction and maintenance of the Pentagon Memorial in remembrance of those who lost their lives at the Pentagon on September 11, 2001.", "id": "HEE2B1B60675B4F1A87506C55FB00DABD", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Coin specifications \n(a) Denominations \nThe Secretary of the Treasury (hereafter in this Act referred to as the Secretary ) shall mint and issue the following coins: (1) $50 gold coins \n$50 coins, in the number determined under subsection (b), which shall— (A) weigh 1 ounce; (B) have a diameter of 1.287 inches; and (C) contain 91.67 percent gold and 8.33 percent alloy. (2) $1 silver coins \nSuch number of $1 coins as the Secretary determines appropriate to meet demand, 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 \nSuch number of half dollar coins as the Secretary determines appropriate to meet demand, 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) Number of gold coins \n(1) In general \nThe number of gold coins minted and issued under this Act shall equal the sum of 10,000 and the number determined under paragraph (2). (2) Determination of number \nThe Secretary, in consultation with the Attorney General of the United States, the Secretary of Defense, and the Governor of Virginia shall determine the number of innocent individuals confirmed or presumed to have been killed as a result of the terrorist attack against the Pentagon that occurred on September 11, 2001, and shall identify such individuals. (c) Legal tender \nThe coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (d) 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. (e) Sources of bullion \nFor the purpose of minting coins under this Act, the Secretary may only use metals that are from natural deposits in the United States or any territory or possession of the United States. (f) Special treatment under exigent circumstances \n(1) Findings \nThe Congress finds as follows: (A) The limitations contained in paragraphs (1) and (2)(A) of section 5112(m) of title 31, United States Code, and section 5134(f)(1)(B) of such title have well served, and continue to serve, their purpose of bringing greater stability to the markets for commemorative coins, maximizing demand and participation in such programs, and ensuring that such programs have a broad base of private support and are not used as the primary means of fundraising by organizations that are the recipients of surcharges. (B) The shocking circumstances of September 11, 2001, the broad base of public interest in remembering those innocent individuals who lost their lives at the Pentagon on September 11, 2001, and participating in the raising of funds for the Pentagon Memorial Fund, and the importance of implementing this coin program as quickly as possible, notwithstanding the limitations contained in such paragraphs, justify exempting the coins produced under this Act from such limitations. (2) Exemption \nParagraphs (1) and (2) of section 5112(m) of title 31, United States Code, and section 5134(f)(1)(B) of such title shall not apply to coins authorized under this Act.", "id": "H15CE48E2B367465B00AEE3AD13D07CA9", "header": "Coin specifications", "nested": [ { "text": "(a) Denominations \nThe Secretary of the Treasury (hereafter in this Act referred to as the Secretary ) shall mint and issue the following coins: (1) $50 gold coins \n$50 coins, in the number determined under subsection (b), which shall— (A) weigh 1 ounce; (B) have a diameter of 1.287 inches; and (C) contain 91.67 percent gold and 8.33 percent alloy. (2) $1 silver coins \nSuch number of $1 coins as the Secretary determines appropriate to meet demand, 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 \nSuch number of half dollar coins as the Secretary determines appropriate to meet demand, 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": "HAA19D10D14BB4A9FAAE218DC69FBA488", "header": "Denominations", "nested": [], "links": [ { "text": "section 5112(b)", "legal-doc": "usc", "parsable-cite": "usc/31/5112" } ] }, { "text": "(b) Number of gold coins \n(1) In general \nThe number of gold coins minted and issued under this Act shall equal the sum of 10,000 and the number determined under paragraph (2). (2) Determination of number \nThe Secretary, in consultation with the Attorney General of the United States, the Secretary of Defense, and the Governor of Virginia shall determine the number of innocent individuals confirmed or presumed to have been killed as a result of the terrorist attack against the Pentagon that occurred on September 11, 2001, and shall identify such individuals.", "id": "H6B47DBF48092467B8BBE2245A545757B", "header": "Number of gold coins", "nested": [], "links": [] }, { "text": "(c) Legal tender \nThe coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code.", "id": "HF872FD5638A14D4D00E093D700C11400", "header": "Legal tender", "nested": [], "links": [ { "text": "section 5103", "legal-doc": "usc", "parsable-cite": "usc/31/5103" } ] }, { "text": "(d) 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": "HC86371FDB1684261B6599C3088E37669", "header": "Numismatic items", "nested": [], "links": [ { "text": "section 5136", "legal-doc": "usc", "parsable-cite": "usc/31/5136" } ] }, { "text": "(e) Sources of bullion \nFor the purpose of minting coins under this Act, the Secretary may only use metals that are from natural deposits in the United States or any territory or possession of the United States.", "id": "H33BE93C6ED0C4EE3A73E4F11CF4FE700", "header": "Sources of bullion", "nested": [], "links": [] }, { "text": "(f) Special treatment under exigent circumstances \n(1) Findings \nThe Congress finds as follows: (A) The limitations contained in paragraphs (1) and (2)(A) of section 5112(m) of title 31, United States Code, and section 5134(f)(1)(B) of such title have well served, and continue to serve, their purpose of bringing greater stability to the markets for commemorative coins, maximizing demand and participation in such programs, and ensuring that such programs have a broad base of private support and are not used as the primary means of fundraising by organizations that are the recipients of surcharges. (B) The shocking circumstances of September 11, 2001, the broad base of public interest in remembering those innocent individuals who lost their lives at the Pentagon on September 11, 2001, and participating in the raising of funds for the Pentagon Memorial Fund, and the importance of implementing this coin program as quickly as possible, notwithstanding the limitations contained in such paragraphs, justify exempting the coins produced under this Act from such limitations. (2) Exemption \nParagraphs (1) and (2) of section 5112(m) of title 31, United States Code, and section 5134(f)(1)(B) of such title shall not apply to coins authorized under this Act.", "id": "HEF86610C101847A5A5A078C200892F33", "header": "Special treatment under exigent circumstances", "nested": [], "links": [ { "text": "section 5112(m)", "legal-doc": "usc", "parsable-cite": "usc/31/5112" }, { "text": "section 5112(m)", "legal-doc": "usc", "parsable-cite": "usc/31/5112" } ] } ], "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": "section 5136", "legal-doc": "usc", "parsable-cite": "usc/31/5136" }, { "text": "section 5112(m)", "legal-doc": "usc", "parsable-cite": "usc/31/5112" }, { "text": "section 5112(m)", "legal-doc": "usc", "parsable-cite": "usc/31/5112" } ] }, { "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 spirit and bravery of the civilians, servicemen and women that work at the Pentagon and were aboard Flight 77 on September 11, 2001. (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 2001 ; 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 Secretary of Defense, the Executive Committee of the Pentagon Memorial Fund, and the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee.", "id": "H9736B383708E4DF2B002F91F042D449C", "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 spirit and bravery of the civilians, servicemen and women that work at the Pentagon and were aboard Flight 77 on September 11, 2001. (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 2001 ; and (C) inscriptions of the words Liberty , In God We Trust , United States of America , and E Pluribus Unum.", "id": "H572B37A88B1340D1B8994EAA21B329A3", "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 Secretary of Defense, the Executive Committee of the Pentagon Memorial Fund, and the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee.", "id": "H637D1C38AEC44170B1DD1228313D3385", "header": "Selection", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Issuance of coins \n(a) Quality of coins \n(1) In general \nExcept as provided under paragraph (2), coins minted under this Act shall be issued in uncirculated quality. (2) Gold coins \n$50 coins minted under section 3(a)(1) shall be issued only in proof quality. (b) Mint facility \n(1) In general \nExcept as provided under paragraph (2), only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (2) Clad coins \nAny number of facilities of the United States Mint may be used to strike the half dollar coins minted under section 3(a)(3). (c) Period for issuance \nThe Secretary— (1) shall commence issuing coins minted under this Act as soon as possible after the date of the enactment of this Act; and (2) shall not issue any coins after the end of the 1-year period beginning on the date such coins are first issued.", "id": "HB321C737EDD54383AEF49B88AEDF632F", "header": "Issuance of coins", "nested": [ { "text": "(a) Quality of coins \n(1) In general \nExcept as provided under paragraph (2), coins minted under this Act shall be issued in uncirculated quality. (2) Gold coins \n$50 coins minted under section 3(a)(1) shall be issued only in proof quality.", "id": "H58EE02A6399640849923843B9D49F413", "header": "Quality of coins", "nested": [], "links": [] }, { "text": "(b) Mint facility \n(1) In general \nExcept as provided under paragraph (2), only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (2) Clad coins \nAny number of facilities of the United States Mint may be used to strike the half dollar coins minted under section 3(a)(3).", "id": "H63BAA8F00D60474E9F2DD2FF771F8293", "header": "Mint facility", "nested": [], "links": [] }, { "text": "(c) Period for issuance \nThe Secretary— (1) shall commence issuing coins minted under this Act as soon as possible after the date of the enactment of this Act; and (2) shall not issue any coins after the end of the 1-year period beginning on the date such coins are first issued.", "id": "H2D6B98D956CE4066A9BF0CD48E8536F", "header": "Period for issuance", "nested": [], "links": [] } ], "links": [] }, { "text": "6. Sale of coins \n(a) Sale price \nThe coins issued under section 3(a) (other than the $50 gold coins referred to in subsection (d)) 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), including the cost of the coins presented under subsection (d). (b) Bulk sales \nThe Secretary shall make bulk sales of the coins issued under section 3(a) at a reasonable discount. (c) Prepaid orders \n(1) In general \nThe Secretary shall accept prepaid orders received before the issuance of the coins minted under section 3(a). (2) Reasonable discount \nThe sale prices with respect to such prepaid orders shall be at a reasonable discount. (d) Gold coins \nNotwithstanding section 5(c)(2), the Secretary shall issue a $50 coin minted under section 3(a)(1) for presentation free of charge to the next of kin or personal representative of each individual identified under section 3(b)(2). 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 the Congress, of such gold coins.", "id": "HF0B3E7D8DB4542B698A8FE0104F4DEA7", "header": "Sale of coins", "nested": [ { "text": "(a) Sale price \nThe coins issued under section 3(a) (other than the $50 gold coins referred to in subsection (d)) 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), including the cost of the coins presented under subsection (d).", "id": "H2C279B1BF7954D50A783CF8635F868C5", "header": "Sale price", "nested": [], "links": [] }, { "text": "(b) Bulk sales \nThe Secretary shall make bulk sales of the coins issued under section 3(a) at a reasonable discount.", "id": "HBEDABDF22B584BE58005B5030056E891", "header": "Bulk sales", "nested": [], "links": [] }, { "text": "(c) Prepaid orders \n(1) In general \nThe Secretary shall accept prepaid orders received before the issuance of the coins minted under section 3(a). (2) Reasonable discount \nThe sale prices with respect to such prepaid orders shall be at a reasonable discount.", "id": "H832BF34CF097479E8DEB48DB77D861E9", "header": "Prepaid orders", "nested": [], "links": [] }, { "text": "(d) Gold coins \nNotwithstanding section 5(c)(2), the Secretary shall issue a $50 coin minted under section 3(a)(1) for presentation free of charge to the next of kin or personal representative of each individual identified under section 3(b)(2). 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 the Congress, of such gold coins.", "id": "HE04A8DE8B96943BDAB2CE806EF3F05B1", "header": "Gold coins", "nested": [], "links": [] } ], "links": [] }, { "text": "7. Surcharges on sale of coins \n(a) In general \nAny sale by the Secretary of a coin minted under this Act shall include a surcharge of— (1) $100 per coin for the $50 gold coins; (2) $10 per coin for the $1 coin; and (3) $5 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 Pentagon Memorial Fund for the purposes of construction of a memorial at the Pentagon, Arlington, Virginia. (c) Audit \nThe Pentagon Memorial 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 under subsection (a).", "id": "H0B48B0E9F2EB432BAA7053BF99C39725", "header": "Surcharges on sale of coins", "nested": [ { "text": "(a) In general \nAny sale by the Secretary of a coin minted under this Act shall include a surcharge of— (1) $100 per coin for the $50 gold coins; (2) $10 per coin for the $1 coin; and (3) $5 per coin for the half dollar coin.", "id": "HCC703578AB644795B3D8BA17673BB639", "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 Pentagon Memorial Fund for the purposes of construction of a memorial at the Pentagon, Arlington, Virginia.", "id": "H7C22BB461C524122A7CDAF00E317D33E", "header": "Distribution", "nested": [], "links": [ { "text": "section 5134(f)", "legal-doc": "usc", "parsable-cite": "usc/31/5134" } ] }, { "text": "(c) Audit \nThe Pentagon Memorial 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 under subsection (a).", "id": "HC4EF6C28AF8B4A699B081D48404BEFF", "header": "Audit", "nested": [], "links": [ { "text": "section 5134(f)(2)", "legal-doc": "usc", "parsable-cite": "usc/31/5134" } ] } ], "links": [ { "text": "section 5134(f)", "legal-doc": "usc", "parsable-cite": "usc/31/5134" }, { "text": "section 5134(f)(2)", "legal-doc": "usc", "parsable-cite": "usc/31/5134" } ] } ]

[ "Financial Services Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Computer Software Privacy and Control Act.", "id": "H6934B7FB1B634584A853BB3FB9F14CF4", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definitions \nAs used in this Act, the following definitions apply: (1) The terms computer and protected computer have the meanings given such terms in section 1030(e) of title 18, United States Code. (2) The term computer software means a sequence of instructions written in any programming language that is stored or executed on a computer. Such term shall not include computer software that is a Web page, or data components of Web pages that are not executable independently of the Web page. (3) The term disable , with regards to computer software, or a component thereof, means to permanently prevent such software or component from executing any of the functions described in section 3 that such software is otherwise capable of executing, unless the owner or operator of a protected computer takes a subsequent affirmative action to enable the execution of such functions. (4) The terms execute , execution , and executable , when used with respect to computer software, refer to the performance of the functions or the carrying out of the instructions of the computer software. (5) The term first retail sale means the first sale of a computer, for a purpose other than resale, after the manufacture, production, or importation of the computer. For purposes of this paragraph, the lease of a computer shall be considered a sale of the computer at retail. (6) The term Internet has the meaning given such term in section 1302(6) of the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6501(6) ). (7) The term owner or operator , with respect to a protected computer, shall not include any person who owns a computer prior to the first retail sale of such computer. (8) The term person has the meaning given that term in section 1030(e)(12) of title 18, United States Code. (9) The term personal information means— (A) a first and last name; (B) a home or other physical address including street name; (C) an electronic mail address; (D) a telephone number; (E) a Social Security number; (F) a credit card or bank account number or any password or access code associated with a credit card or bank account; and (G) a birth certificate number. (10) The term removal utility means a means by which the owner or operator of a protected computer can remove, delete, or disable computer software, or a component thereof. (11) The term transmit means to transfer, send, or make available computer software, or any component thereof, via the Internet or any other medium, including local area networks of computers, other non-wire transmission, and disc or other data storage device, for the purpose of or resulting in an economic benefit to the person transferring, sending, or making available such computer software, or component thereof, derived from the transmission or execution of such software, or component thereof. Such term shall not include any action by a person providing— (A) the Internet connection, telephone connection, or other means of transmission capability such as a compact disk or digital video disk through which the software was made available; (B) the storage or hosting of the software program or an Internet Web page through which the software was made available; or (C) an information location tool, such as a directory, index, reference, pointer, or hypertext link, through which the user of the computer located the software, unless such person receives a direct economic benefit from the execution of such software on the protected computer. (12) The term Web page means a location that has a single Uniform Resource Locator with respect to the World Wide Web or other single location with respect to the Internet.", "id": "H961EB073C17D448685A1989322CC0C7", "header": "Definitions", "nested": [], "links": [ { "text": "section 1030(e)", "legal-doc": "usc", "parsable-cite": "usc/18/1030" }, { "text": "15 U.S.C. 6501(6)", "legal-doc": "usc", "parsable-cite": "usc/15/6501" }, { "text": "section 1030(e)(12)", "legal-doc": "usc", "parsable-cite": "usc/18/1030" } ] }, { "text": "3. Unfair and deceptive acts and practices in the transmission of computer software \n(a) Deceptive acts prohibited \nIt is unlawful for any person knowingly to transmit to a protected computer owned or operated by another person, or transmit to a protected computer prior to the first retail sale of such computer, any computer software, or any component thereof, that— (1) collects personal information about an owner or operator of that protected computer and transfers such information to any person other than such owner or operator; (2) monitors or analyzes the content of the Internet web pages accessed by an owner or operator of such computer and transfers information regarding the accessing of such web pages to any person other than such owner or operator; or (3) modifies default computer settings or computer settings previously selected by the owner or operator of that computer that affect— (A) the Web page that is first displayed by computer software used to access and navigate the Internet, such as an Internet browser; (B) Internet connection settings, the modification of which can result in financial charges to the owner or operator without the owner or operator’s knowledge; or (C) the actions or operations of any service offered by a provider of a service used to search the Internet, or files and data stored on the protected computer, unless, before the execution of the functions described in paragraphs (1) through (3), notice of such functions is provided to, and consent to such execution is obtained from, such owner or operator, and such software, or component thereof, includes a removal utility. (b) Requirements for Advertising Software \n(1) Notice and consent \nIt is unlawful for any person knowingly to transmit to a protected computer owned or operated by another person, or transmit to a protected computer prior to the first retail sale of such computer, any computer software, or any component thereof, that includes a function to deliver or display advertisements, unless, before the execution of such function, notice of such function is provided to, and the consent to such execution is obtained from, such owner or operator, and such software, or component thereof, includes a removal utility. (2) Software displayed as a Web page \nThe requirements of paragraph (1) shall apply to computer software containing a function to deliver advertisements displayed as a Web page or by other means, but shall not include software that is a Web page or a component of a Web page. (c) Knowledge requirement \nFor purposes of this section, the term knowingly , used with respect to transmitting computer software, or a component thereof, means that the person transmitting has actual knowledge that the software or component transmitted has the capacity to execute any of the functions described in this section. (d) Notice and consent requirements \n(1) Notice \nThe notice required under subsections (a) and (b)— (A) shall not be materially false or misleading; and (B) shall include a description of and directions for the removal utility, or instructions for the removal, deletion, or disabling of the software, or component thereof. (2) Consent \nThe consent required under subsections (a) and (b) shall be contiguous to the notice required under such subsections, such that the owner or operator of the protected computer may reasonably understand the function or functions to which such consent is granted. (3) Definition \nFor purposes of this subsection, the term materially false or misleading notice includes— (A) a failure to describe any of the functions requiring notice; and (B) an unauthorized material modification to or obstruction of a notice, description, or warning provided by computer software previously stored or executed on the protected computer.", "id": "HA13939A63B1548329FA892EFA3EB99D1", "header": "Unfair and deceptive acts and practices in the transmission of computer software", "nested": [ { "text": "(a) Deceptive acts prohibited \nIt is unlawful for any person knowingly to transmit to a protected computer owned or operated by another person, or transmit to a protected computer prior to the first retail sale of such computer, any computer software, or any component thereof, that— (1) collects personal information about an owner or operator of that protected computer and transfers such information to any person other than such owner or operator; (2) monitors or analyzes the content of the Internet web pages accessed by an owner or operator of such computer and transfers information regarding the accessing of such web pages to any person other than such owner or operator; or (3) modifies default computer settings or computer settings previously selected by the owner or operator of that computer that affect— (A) the Web page that is first displayed by computer software used to access and navigate the Internet, such as an Internet browser; (B) Internet connection settings, the modification of which can result in financial charges to the owner or operator without the owner or operator’s knowledge; or (C) the actions or operations of any service offered by a provider of a service used to search the Internet, or files and data stored on the protected computer, unless, before the execution of the functions described in paragraphs (1) through (3), notice of such functions is provided to, and consent to such execution is obtained from, such owner or operator, and such software, or component thereof, includes a removal utility.", "id": "H7CA3A878322F4194958B348E007079C1", "header": "Deceptive acts prohibited", "nested": [], "links": [] }, { "text": "(b) Requirements for Advertising Software \n(1) Notice and consent \nIt is unlawful for any person knowingly to transmit to a protected computer owned or operated by another person, or transmit to a protected computer prior to the first retail sale of such computer, any computer software, or any component thereof, that includes a function to deliver or display advertisements, unless, before the execution of such function, notice of such function is provided to, and the consent to such execution is obtained from, such owner or operator, and such software, or component thereof, includes a removal utility. (2) Software displayed as a Web page \nThe requirements of paragraph (1) shall apply to computer software containing a function to deliver advertisements displayed as a Web page or by other means, but shall not include software that is a Web page or a component of a Web page.", "id": "HD8F594FA6B244E19873263B26CA944C3", "header": "Requirements for Advertising Software", "nested": [], "links": [] }, { "text": "(c) Knowledge requirement \nFor purposes of this section, the term knowingly , used with respect to transmitting computer software, or a component thereof, means that the person transmitting has actual knowledge that the software or component transmitted has the capacity to execute any of the functions described in this section.", "id": "HF30C3DAC2A1B4EC9A2F65320C884C2AF", "header": "Knowledge requirement", "nested": [], "links": [] }, { "text": "(d) Notice and consent requirements \n(1) Notice \nThe notice required under subsections (a) and (b)— (A) shall not be materially false or misleading; and (B) shall include a description of and directions for the removal utility, or instructions for the removal, deletion, or disabling of the software, or component thereof. (2) Consent \nThe consent required under subsections (a) and (b) shall be contiguous to the notice required under such subsections, such that the owner or operator of the protected computer may reasonably understand the function or functions to which such consent is granted. (3) Definition \nFor purposes of this subsection, the term materially false or misleading notice includes— (A) a failure to describe any of the functions requiring notice; and (B) an unauthorized material modification to or obstruction of a notice, description, or warning provided by computer software previously stored or executed on the protected computer.", "id": "HFF2714D83AF0443100FAA7CCA16914E0", "header": "Notice and consent requirements", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Enforcement \n(a) Federal Trade Commission \n(1) Unfair or deceptive act or practice \nA violation of this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a) of the Federal Trade Commission Act (15 U.S.C. 57 a (a)). (2) Actions by the Commission \nThe Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this Act. (b) Criminal Penalties \n(1) In general \nSection 1030(a) of title 18, United States Code, is amended— (A) by inserting or at the end of paragraph (7); and (B) by adding at the end the following: (8) knowingly causes the transmission of a program, information, code, or command with the intent to obtain access without authorization or exceeding authorized access to a protected computer by means of a knowingly and materially false or misleading notice or description of function, effect, or origin of such computer software;. (2) Definitions \nSection 1030(e) of title 18, United States Code, is amended— (A) in paragraph (6)— (i) by inserting , or to obtain further access to or control over the computer after in the computer ; and (ii) by striking or alter and inserting , alter, access, or control ; and (B) by adding at the end the following: (13) The term knowingly and materially false or misleading notice or description includes a knowing and material omission regarding function of program, information, code, or command that provides access to or control over a protected computer.. (3) Penalties \nSection 1030(c)(3) of title 18, United States Code is amended— (A) in subparagraph (A), by striking or (a)(7) and inserting (a)(7), or (a)(8) ; and (B) in subparagraph (B), by striking or (a)(7) and inserting (a)(7), or (a)(8). (c) State Action \n(1) In general \nIn any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by a violation of section 3 of this Act, the State may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction to— (A) enjoin that practice; (B) enforce compliance with this Act; or (C) obtain damages, restitution, or other compensation on behalf of residents of the State. (2) Notice \n(A) In general \nBefore filing an action under paragraph (1), the attorney general of the State involved shall provide to the Federal Trade Commission— (i) written notice of that action; and (ii) a copy of the complaint for that action. (B) Exemption \nSubparagraph (A) shall not apply with respect to the filing of an action by an attorney general of a State under this subsection, if the attorney general determines that it is not feasible to provide the notice described in that subparagraph before filing of the action. In such case, the attorney general of a State shall provide notice and a copy of the complaint to the Federal Trade Commission at the same time as the attorney general files the action. (3) Intervention by Federal Trade Commission \n(A) In general \nOn receiving notice under paragraph (2), the Federal Trade Commission shall have the right to intervene in the action that is the subject of the notice. (B) Effect of intervention \nIf the Federal Trade Commission intervenes in an action under subparagraph (A), it shall have the right— (i) to be heard with respect to any matter that arises in that action; and (ii) to file a petition for appeal. (4) Construction \nFor purposes of bringing any civil action under paragraph (1), nothing in this Act shall be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State to— (A) conduct investigations; (B) administer oaths or affirmations; or (C) compel the attendance of witnesses or the production of documentary and other evidence. (5) Preemption \nIn any case in which an action is instituted by or on behalf of the Commission for a violation of section 3, no State may, during the pendency of that action, institute an action under paragraph (1) against any defendant named in the complaint in that action. (6) Service of process \nIn an action brought under paragraph (1), process may be served in any district in which the defendant— (A) is an inhabitant; or (B) may be found.", "id": "H15E23447B61F40FC9E3E006370F68F1C", "header": "Enforcement", "nested": [ { "text": "(a) Federal Trade Commission \n(1) Unfair or deceptive act or practice \nA violation of this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a) of the Federal Trade Commission Act (15 U.S.C. 57 a (a)). (2) Actions by the Commission \nThe Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this Act.", "id": "H2B0327352D5345F599F4D63F24B1BD94", "header": "Federal Trade Commission", "nested": [], "links": [ { "text": "15 U.S.C. 41 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/41" } ] }, { "text": "(b) Criminal Penalties \n(1) In general \nSection 1030(a) of title 18, United States Code, is amended— (A) by inserting or at the end of paragraph (7); and (B) by adding at the end the following: (8) knowingly causes the transmission of a program, information, code, or command with the intent to obtain access without authorization or exceeding authorized access to a protected computer by means of a knowingly and materially false or misleading notice or description of function, effect, or origin of such computer software;. (2) Definitions \nSection 1030(e) of title 18, United States Code, is amended— (A) in paragraph (6)— (i) by inserting , or to obtain further access to or control over the computer after in the computer ; and (ii) by striking or alter and inserting , alter, access, or control ; and (B) by adding at the end the following: (13) The term knowingly and materially false or misleading notice or description includes a knowing and material omission regarding function of program, information, code, or command that provides access to or control over a protected computer.. (3) Penalties \nSection 1030(c)(3) of title 18, United States Code is amended— (A) in subparagraph (A), by striking or (a)(7) and inserting (a)(7), or (a)(8) ; and (B) in subparagraph (B), by striking or (a)(7) and inserting (a)(7), or (a)(8).", "id": "HD96D0354AD604122873CD17FDF7DD718", "header": "Criminal Penalties", "nested": [], "links": [ { "text": "Section 1030(a)", "legal-doc": "usc", "parsable-cite": "usc/18/1030" }, { "text": "Section 1030(e)", "legal-doc": "usc", "parsable-cite": "usc/18/1030" }, { "text": "Section 1030(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/18/1030" } ] }, { "text": "(c) State Action \n(1) In general \nIn any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by a violation of section 3 of this Act, the State may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction to— (A) enjoin that practice; (B) enforce compliance with this Act; or (C) obtain damages, restitution, or other compensation on behalf of residents of the State. (2) Notice \n(A) In general \nBefore filing an action under paragraph (1), the attorney general of the State involved shall provide to the Federal Trade Commission— (i) written notice of that action; and (ii) a copy of the complaint for that action. (B) Exemption \nSubparagraph (A) shall not apply with respect to the filing of an action by an attorney general of a State under this subsection, if the attorney general determines that it is not feasible to provide the notice described in that subparagraph before filing of the action. In such case, the attorney general of a State shall provide notice and a copy of the complaint to the Federal Trade Commission at the same time as the attorney general files the action. (3) Intervention by Federal Trade Commission \n(A) In general \nOn receiving notice under paragraph (2), the Federal Trade Commission shall have the right to intervene in the action that is the subject of the notice. (B) Effect of intervention \nIf the Federal Trade Commission intervenes in an action under subparagraph (A), it shall have the right— (i) to be heard with respect to any matter that arises in that action; and (ii) to file a petition for appeal. (4) Construction \nFor purposes of bringing any civil action under paragraph (1), nothing in this Act shall be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State to— (A) conduct investigations; (B) administer oaths or affirmations; or (C) compel the attendance of witnesses or the production of documentary and other evidence. (5) Preemption \nIn any case in which an action is instituted by or on behalf of the Commission for a violation of section 3, no State may, during the pendency of that action, institute an action under paragraph (1) against any defendant named in the complaint in that action. (6) Service of process \nIn an action brought under paragraph (1), process may be served in any district in which the defendant— (A) is an inhabitant; or (B) may be found.", "id": "H0084B444CA784E719BD9E8B16C6005B", "header": "State Action", "nested": [], "links": [] } ], "links": [ { "text": "15 U.S.C. 41 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/41" }, { "text": "Section 1030(a)", "legal-doc": "usc", "parsable-cite": "usc/18/1030" }, { "text": "Section 1030(e)", "legal-doc": "usc", "parsable-cite": "usc/18/1030" }, { "text": "Section 1030(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/18/1030" } ] }, { "text": "5. Effect on other laws \nThis Act supersedes any statute, regulation, or rule of a State or political subdivision of a State that expressly regulates the transmission of computer software similar to that described in section 3.", "id": "H03BAC01E2D2B4E90B62C6E901320B4F2", "header": "Effect on other laws", "nested": [], "links": [] }, { "text": "6. Law enforcement reporting requirements \n(a) Semiannual reports to Congress on transmission of computer software for surveillance activities \nNot later than 1 year after the date of enactment of this Act, and every 6 months thereafter, the Attorney General shall transmit to the Committees on the Judiciary of the Senate and of the House of Representatives a report concerning any warrant, order, or extension of an order applied for by law enforcement agencies of the Department of Justice, whose implementation involved the transmission or execution of computer software on a protected computer to record computer activity or intercept any wire, oral, or electronic communications. Such reports shall include information concerning— (1) the type of warrant, order, or extension of an order applied for; (2) the information sought by the warrant, period of interceptions authorized by the order, and the number and duration of any extensions of the warrant or order; (3) the offense specified in the application, warrant, order, or extension of an order; (4) the identity of the applying investigative or law enforcement officer and agency making the application and the person authorizing the application; (5) the nature of the facilities from which or place where activities were to be recorded or communications were to be intercepted; (6) a general description of the recordings or interceptions made under such order or extension, including— (A) the approximate nature and frequency of incriminating activities recorded or communications intercepted; (B) the approximate nature and frequency of other activities recorded or communications intercepted; (C) the approximate number of persons whose activities were recorded or communications were intercepted; (D) the number of warrants or orders in which encryption was encountered and whether such encryption prevented law enforcement from obtaining access to any information pursuant to such warrant or the plain text of communications intercepted pursuant to such order; and (E) the approximate nature, amount, and cost of the manpower and other resources used in the recordings or interceptions; (7) the number of arrests resulting from recordings or interceptions made under such warrant, order, or extension of an order, and the offenses for which arrests were made; (8) the number of trials resulting from such recordings or interceptions; (9) the number of motions to suppress made with respect to such recordings or interceptions, and the number of such motions granted or denied; (10) the number of convictions resulting from such recordings or interceptions and the offenses for which the convictions were obtained, and a general assessment of the importance of the recordings or interceptions; and (11) the specific persons authorizing the use of such computer software in the implementation of such warrant, order, or extension of an order.", "id": "HE9839A9636184A6CB774103827DD41F1", "header": "Law enforcement reporting requirements", "nested": [ { "text": "(a) Semiannual reports to Congress on transmission of computer software for surveillance activities \nNot later than 1 year after the date of enactment of this Act, and every 6 months thereafter, the Attorney General shall transmit to the Committees on the Judiciary of the Senate and of the House of Representatives a report concerning any warrant, order, or extension of an order applied for by law enforcement agencies of the Department of Justice, whose implementation involved the transmission or execution of computer software on a protected computer to record computer activity or intercept any wire, oral, or electronic communications. Such reports shall include information concerning— (1) the type of warrant, order, or extension of an order applied for; (2) the information sought by the warrant, period of interceptions authorized by the order, and the number and duration of any extensions of the warrant or order; (3) the offense specified in the application, warrant, order, or extension of an order; (4) the identity of the applying investigative or law enforcement officer and agency making the application and the person authorizing the application; (5) the nature of the facilities from which or place where activities were to be recorded or communications were to be intercepted; (6) a general description of the recordings or interceptions made under such order or extension, including— (A) the approximate nature and frequency of incriminating activities recorded or communications intercepted; (B) the approximate nature and frequency of other activities recorded or communications intercepted; (C) the approximate number of persons whose activities were recorded or communications were intercepted; (D) the number of warrants or orders in which encryption was encountered and whether such encryption prevented law enforcement from obtaining access to any information pursuant to such warrant or the plain text of communications intercepted pursuant to such order; and (E) the approximate nature, amount, and cost of the manpower and other resources used in the recordings or interceptions; (7) the number of arrests resulting from recordings or interceptions made under such warrant, order, or extension of an order, and the offenses for which arrests were made; (8) the number of trials resulting from such recordings or interceptions; (9) the number of motions to suppress made with respect to such recordings or interceptions, and the number of such motions granted or denied; (10) the number of convictions resulting from such recordings or interceptions and the offenses for which the convictions were obtained, and a general assessment of the importance of the recordings or interceptions; and (11) the specific persons authorizing the use of such computer software in the implementation of such warrant, order, or extension of an order.", "id": "HC2D8C2A8AFAA449EA1411DFB68A987F7", "header": "Semiannual reports to Congress on transmission of computer software for surveillance activities", "nested": [], "links": [] } ], "links": [] } ]

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

[ { "text": "1. Ray Charles Post Office Building \n(a) Designation \nThe facility of the United States Postal Service located at 4960 West Washington Boulevard in Los Angeles, California, shall be known and designated as the Ray Charles 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 Ray Charles Post Office Building.", "id": "H5179CB8494524B9DB1F8080000470996", "header": "Ray Charles Post Office Building", "nested": [ { "text": "(a) Designation \nThe facility of the United States Postal Service located at 4960 West Washington Boulevard in Los Angeles, California, shall be known and designated as the Ray Charles Post Office Building.", "id": "HAD9B033EE4EF40249400CC32873BC2AD", "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 Ray Charles Post Office Building.", "id": "H58EBBA60092243469C5D7D7E361000C4", "header": "References", "nested": [], "links": [] } ], "links": [] } ]

[ "Oversight and Accountability Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the USERRA Health Care Coverage Extension Act of 2004.", "id": "H662E6BB9496C44B490B615E57606A6FA", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Two-year period of continuation of employer-sponsored health care coverage \n(a) Improvement in period of coverage \nSubsection (a)(1)(A) of section 4317 of title 38, United States Code, is amended by striking 18-month period and inserting 24-month period. (b) Effective date \nThe amendment made by subsection (a) shall apply to elections made under such section 4317 on or after the date of the enactment of this Act.", "id": "H39F344D9C4F941A68E6B026CEDB69EF2", "header": "Two-year period of continuation of employer-sponsored health care coverage", "nested": [ { "text": "(a) Improvement in period of coverage \nSubsection (a)(1)(A) of section 4317 of title 38, United States Code, is amended by striking 18-month period and inserting 24-month period.", "id": "H0F19C16B08A54DB8B7C5D4283DF4CA46", "header": "Improvement in period of coverage", "nested": [], "links": [ { "text": "section 4317", "legal-doc": "usc", "parsable-cite": "usc/38/4317" } ] }, { "text": "(b) Effective date \nThe amendment made by subsection (a) shall apply to elections made under such section 4317 on or after the date of the enactment of this Act.", "id": "H3800B1564F3E46B3A1054CDE100EA24", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "section 4317", "legal-doc": "usc", "parsable-cite": "usc/38/4317" } ] }, { "text": "3. Reinstatement of reporting requirements \nSection 4332 of title 38, United States Code, is amended in the matter preceding paragraph (1) by striking no later than February 1, 1996, and annually thereafter through 2000 and inserting no later than February 1, 2005, and annually thereafter.", "id": "HB44B7C3DE2BD459985156B33BDFF9DD1", "header": "Reinstatement of reporting requirements", "nested": [], "links": [ { "text": "Section 4332", "legal-doc": "usc", "parsable-cite": "usc/38/4332" } ] } ]

[ "Veterans' Affairs Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Sustainable Drug Pricing Act.", "id": "H9021FD74C62A438F87559E3B64CF202C", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Agreements regarding prices of brand-name prescription drugs; relation to certain tax deductions and credits \nPart D of title III of the Public Health Service Act ( 42 U.S.C. 254b et seq. ) is amended by adding at the end the following subpart: XI Sustainable drug pricing \n340H. Agreements regarding prices of brand-name prescription drugs; relation to certain tax deductions and credits \n(a) In general \n(1) Agreement \nThe Secretary may in accordance with this section enter into an agreement with any manufacturer of a brand-name prescription drug for purposes of— (A) section 280I of the Internal Revenue Code of 1986 (relating to the allowance of a deduction for expenditures relating to the advertising, promoting, or marketing of such drug); and (B) section 901(l) of such Code (relating to the allowance of a foreign tax credit for income, war profits, or excess profits taxes paid or accrued with respect to such drug). (2) Coordination with tax provisions \nFor purposes of the provisions of the Internal Revenue Code of 1986 referred to in paragraph (1), an agreement under this section shall be considered to be in effect with respect to a brand-name prescription drug unless the Secretary transmits to the Secretary of the Treasury a notice in writing that such an agreement is not in effect. (3) Negotiations \nThe Secretary shall negotiate with any manufacturer of a brand-name prescription drug that in good faith seeks an agreement under paragraph (1), and shall make reasonable efforts to enter into such an agreement with the manufacturer. (b) Public health objectives of agreement \nThe purpose of an agreement under subsection (a) regarding a drug is to establish the maximum price at which the drug may be sold at wholesale under the agreement, reasonably taking into account— (1) the affordability of the drug in relation to the public-health need for the drug; and (2) the need for the manufacturer to invest in research and development activities toward the development of new drugs that will benefit the public health. (c) Duration of agreement; renegotiation \n(1) In general \nWith respect to taxable years of a manufacturer, the Secretary may enter into an agreement under subsection (a) regarding a drug only if the agreement contains provisions in accordance with the following: (A) In the case of the agreement as first in effect, the agreement will be in effect for not fewer than four successive taxable years. (B) In the case of taxable years following such four taxable years, the agreement may be periodically renegotiated at the initiative of the manufacturer or the Secretary, except that any agreement that takes effect pursuant to such a renegotiation will remain in effect for not fewer than four taxable years. (C) Each agreement will apply to the entirety of the taxable years with which the agreement is concerned, except that in the case of the taxable year during which the drug first enters the commercial market, the applicability of the agreement will begin on the date during the taxable year on which commercial marketing of the drug begins. (2) Variation in maximum price under agreement \nWith respect to the maximum price established for a drug under an agreement under subsection (a), this section may not be construed as requiring that the agreement provide that a single maximum price be in effect throughout the taxable years with which the agreement is concerned. The maximum price may vary under the agreement according to the terms of the agreement. (d) Violation of agreement; liquidated penalty \n(1) In general \nThe Secretary may enter into an agreement under subsection (a) regarding a drug only if— (A) the agreement specifies the amount that, as a liquidated penalty, the Secretary may require the manufacturer involved to pay to the United States for failing to maintain substantial compliance with the agreement; and (B) such amount is sufficient to deter violations of the agreement. (2) Hearing; loss of effective status of agreement \n(A) Hearing \nIf, after providing notice and an opportunity for a hearing, the Secretary determines that a manufacturer has failed to maintain substantial compliance with the agreement under subsection (a), the Secretary shall order the manufacturer— (i) to pay to the United States an amount as a penalty for such failure, which amount does not exceed the amount specified under paragraph (1)(A) as a liquidated penalty; and (ii) to take appropriate action to bring the manufacturer into compliance with the agreement. (B) Loss of effective status \nIf a manufacturer fails to comply with an order under subparagraph (A), the Secretary may transmit to the Secretary of the Treasury a notice in writing that an agreement under this section is not in effect with respect to the brand-name prescription drug involved. (e) General provisions \n(1) Individual drug agreements \nThe Secretary shall ensure that each agreement under subsection (a) concerns only one brand-name prescription drug. (2) Monitoring of compliance \nWith respect to brand-name prescription drugs for which agreements under subsection (a) are in effect, the Secretary shall monitor the prices at which such drugs are being sold and determine whether the manufacturers involved are in compliance with the agreements. The Secretary may require, as a condition of a entering into an agreement under subsection (a) with a manufacturer, that the agreement include provisions regarding the cooperation of the manufacturer with such monitoring of prices. (3) Access to records \nThe Secretary may require, as a condition of a entering into an agreement under subsection (a) with a manufacturer, that the manufacturer provide the Secretary, during negotiations and after the agreement is made, with access to financial records of the manufacturer that relate to the brand-name prescription drug involved. (4) Consideration of compliance record \nIn determining to what extent to establish requirements under paragraphs (2) and (3) with respect to an agreement under subsection (a) with a manufacturer, the Secretary shall take into account whether the manufacturer has maintained substantial compliance with any other agreements under such subsection that have been made by the manufacturer. (f) Advisory Panel on Drug-Price Negotiations \n(1) In general \nThe Secretary shall establish an advisory panel to be known as the Advisory Panel on Drug-Price Negotiations (in this subsection referred to as the Advisory Panel ). (2) Duties \nThe Advisory Panel shall provide advice to the Secretary on establishing prices for the sale of brand-name prescription drugs at wholesale under agreements under subsection (a). Not later than one year after the date on which the initial appointments to the Advisory Panel under paragraph (3) are completed, the Panel shall— (A) select, from brand-name prescription drugs in commercial distribution as of the date of the enactment of the Sustainable Drug Pricing Act — (i) a list of 25 drugs that the Panel considers important to the public health; and (ii) a list of the 25 most commonly prescribed drugs in the United States, exclusive of drugs included on the list under clause (i); and (B) submit to the Secretary the recommendations of the Panel with respect to such prices for drugs on the lists. (3) Composition \nThe Advisory Panel shall be composed of five members appointed by the Secretary from among individuals who are not officers or employees of the Federal Government. Of such members— (A) one shall be a representative of the pharmaceutical industry; (B) one shall be a representative of retail consumers generally; (C) one shall be a representative of retail consumers who are members of racial or ethnic minority groups; (D) one shall be an academic with expertise in health care economics; and (E) one shall be an academic with expertise in public health. The Secretary shall appoint the initial members of the Advisory Panel not later than 180 days after the date of the enactment of the Sustainable Drug Pricing Act. (4) Chair \nThe Advisory Panel shall select, by recorded vote, a member of the Panel to serve as the chair of the Panel. (5) Terms \n(A) In general \nEach member of the Advisory Panel shall be appointed for a term of four years, except that the term of each of the initial members expires December 31, 2007. (B) Service after expiration of term \nA member of the Advisory Panel may continue to serve after the expiration of the term of the member until a successor is appointed. (6) Vacancies \n(A) Authority of advisory panel \nA vacancy in the membership of the Advisory Panel does not affect the power of the remaining members to carry out the duties of the Panel. (B) Appointment of successors \nA vacancy in the membership of the Advisory Panel shall be filled in the manner in which the original appointment was made. (C) Incomplete term \nIf a member of the Advisory Panel does not serve the full term under paragraph (5)(A), the Secretary, not later than 30 days after the date on which the vacancy occurs, shall appoint an individual to serve as a member of the Advisory Panel for the remainder of such term. (g) Definitions \nFor purposes of this section: (1) The term brand-name prescription drug means a drug meeting each of the following criteria: (A) An approved application under section 505(b)(1) of the Federal Food, Drug, and Cosmetic Act is in effect for the drug, or in the case of a drug that is a biological product, a biologics license is in effect for the drug under section 351 of this Act. (B) The drug is subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act. (C) A period of market exclusivity is in effect with respect to the drug pursuant to a patent or pursuant to section 505(j) or 505A of such Act. (2) The term drug has the meaning given such term in section 201(g)(1) of such Act..", "id": "H75E9AEA26DA3408C830366EA137C7B7B", "header": "Agreements regarding prices of brand-name prescription drugs; relation to certain tax deductions and credits", "nested": [], "links": [ { "text": "42 U.S.C. 254b et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/254b" }, { "text": "section 280I", "legal-doc": "usc", "parsable-cite": "usc/26/280I" } ] }, { "text": "340H. Agreements regarding prices of brand-name prescription drugs; relation to certain tax deductions and credits \n(a) In general \n(1) Agreement \nThe Secretary may in accordance with this section enter into an agreement with any manufacturer of a brand-name prescription drug for purposes of— (A) section 280I of the Internal Revenue Code of 1986 (relating to the allowance of a deduction for expenditures relating to the advertising, promoting, or marketing of such drug); and (B) section 901(l) of such Code (relating to the allowance of a foreign tax credit for income, war profits, or excess profits taxes paid or accrued with respect to such drug). (2) Coordination with tax provisions \nFor purposes of the provisions of the Internal Revenue Code of 1986 referred to in paragraph (1), an agreement under this section shall be considered to be in effect with respect to a brand-name prescription drug unless the Secretary transmits to the Secretary of the Treasury a notice in writing that such an agreement is not in effect. (3) Negotiations \nThe Secretary shall negotiate with any manufacturer of a brand-name prescription drug that in good faith seeks an agreement under paragraph (1), and shall make reasonable efforts to enter into such an agreement with the manufacturer. (b) Public health objectives of agreement \nThe purpose of an agreement under subsection (a) regarding a drug is to establish the maximum price at which the drug may be sold at wholesale under the agreement, reasonably taking into account— (1) the affordability of the drug in relation to the public-health need for the drug; and (2) the need for the manufacturer to invest in research and development activities toward the development of new drugs that will benefit the public health. (c) Duration of agreement; renegotiation \n(1) In general \nWith respect to taxable years of a manufacturer, the Secretary may enter into an agreement under subsection (a) regarding a drug only if the agreement contains provisions in accordance with the following: (A) In the case of the agreement as first in effect, the agreement will be in effect for not fewer than four successive taxable years. (B) In the case of taxable years following such four taxable years, the agreement may be periodically renegotiated at the initiative of the manufacturer or the Secretary, except that any agreement that takes effect pursuant to such a renegotiation will remain in effect for not fewer than four taxable years. (C) Each agreement will apply to the entirety of the taxable years with which the agreement is concerned, except that in the case of the taxable year during which the drug first enters the commercial market, the applicability of the agreement will begin on the date during the taxable year on which commercial marketing of the drug begins. (2) Variation in maximum price under agreement \nWith respect to the maximum price established for a drug under an agreement under subsection (a), this section may not be construed as requiring that the agreement provide that a single maximum price be in effect throughout the taxable years with which the agreement is concerned. The maximum price may vary under the agreement according to the terms of the agreement. (d) Violation of agreement; liquidated penalty \n(1) In general \nThe Secretary may enter into an agreement under subsection (a) regarding a drug only if— (A) the agreement specifies the amount that, as a liquidated penalty, the Secretary may require the manufacturer involved to pay to the United States for failing to maintain substantial compliance with the agreement; and (B) such amount is sufficient to deter violations of the agreement. (2) Hearing; loss of effective status of agreement \n(A) Hearing \nIf, after providing notice and an opportunity for a hearing, the Secretary determines that a manufacturer has failed to maintain substantial compliance with the agreement under subsection (a), the Secretary shall order the manufacturer— (i) to pay to the United States an amount as a penalty for such failure, which amount does not exceed the amount specified under paragraph (1)(A) as a liquidated penalty; and (ii) to take appropriate action to bring the manufacturer into compliance with the agreement. (B) Loss of effective status \nIf a manufacturer fails to comply with an order under subparagraph (A), the Secretary may transmit to the Secretary of the Treasury a notice in writing that an agreement under this section is not in effect with respect to the brand-name prescription drug involved. (e) General provisions \n(1) Individual drug agreements \nThe Secretary shall ensure that each agreement under subsection (a) concerns only one brand-name prescription drug. (2) Monitoring of compliance \nWith respect to brand-name prescription drugs for which agreements under subsection (a) are in effect, the Secretary shall monitor the prices at which such drugs are being sold and determine whether the manufacturers involved are in compliance with the agreements. The Secretary may require, as a condition of a entering into an agreement under subsection (a) with a manufacturer, that the agreement include provisions regarding the cooperation of the manufacturer with such monitoring of prices. (3) Access to records \nThe Secretary may require, as a condition of a entering into an agreement under subsection (a) with a manufacturer, that the manufacturer provide the Secretary, during negotiations and after the agreement is made, with access to financial records of the manufacturer that relate to the brand-name prescription drug involved. (4) Consideration of compliance record \nIn determining to what extent to establish requirements under paragraphs (2) and (3) with respect to an agreement under subsection (a) with a manufacturer, the Secretary shall take into account whether the manufacturer has maintained substantial compliance with any other agreements under such subsection that have been made by the manufacturer. (f) Advisory Panel on Drug-Price Negotiations \n(1) In general \nThe Secretary shall establish an advisory panel to be known as the Advisory Panel on Drug-Price Negotiations (in this subsection referred to as the Advisory Panel ). (2) Duties \nThe Advisory Panel shall provide advice to the Secretary on establishing prices for the sale of brand-name prescription drugs at wholesale under agreements under subsection (a). Not later than one year after the date on which the initial appointments to the Advisory Panel under paragraph (3) are completed, the Panel shall— (A) select, from brand-name prescription drugs in commercial distribution as of the date of the enactment of the Sustainable Drug Pricing Act — (i) a list of 25 drugs that the Panel considers important to the public health; and (ii) a list of the 25 most commonly prescribed drugs in the United States, exclusive of drugs included on the list under clause (i); and (B) submit to the Secretary the recommendations of the Panel with respect to such prices for drugs on the lists. (3) Composition \nThe Advisory Panel shall be composed of five members appointed by the Secretary from among individuals who are not officers or employees of the Federal Government. Of such members— (A) one shall be a representative of the pharmaceutical industry; (B) one shall be a representative of retail consumers generally; (C) one shall be a representative of retail consumers who are members of racial or ethnic minority groups; (D) one shall be an academic with expertise in health care economics; and (E) one shall be an academic with expertise in public health. The Secretary shall appoint the initial members of the Advisory Panel not later than 180 days after the date of the enactment of the Sustainable Drug Pricing Act. (4) Chair \nThe Advisory Panel shall select, by recorded vote, a member of the Panel to serve as the chair of the Panel. (5) Terms \n(A) In general \nEach member of the Advisory Panel shall be appointed for a term of four years, except that the term of each of the initial members expires December 31, 2007. (B) Service after expiration of term \nA member of the Advisory Panel may continue to serve after the expiration of the term of the member until a successor is appointed. (6) Vacancies \n(A) Authority of advisory panel \nA vacancy in the membership of the Advisory Panel does not affect the power of the remaining members to carry out the duties of the Panel. (B) Appointment of successors \nA vacancy in the membership of the Advisory Panel shall be filled in the manner in which the original appointment was made. (C) Incomplete term \nIf a member of the Advisory Panel does not serve the full term under paragraph (5)(A), the Secretary, not later than 30 days after the date on which the vacancy occurs, shall appoint an individual to serve as a member of the Advisory Panel for the remainder of such term. (g) Definitions \nFor purposes of this section: (1) The term brand-name prescription drug means a drug meeting each of the following criteria: (A) An approved application under section 505(b)(1) of the Federal Food, Drug, and Cosmetic Act is in effect for the drug, or in the case of a drug that is a biological product, a biologics license is in effect for the drug under section 351 of this Act. (B) The drug is subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act. (C) A period of market exclusivity is in effect with respect to the drug pursuant to a patent or pursuant to section 505(j) or 505A of such Act. (2) The term drug has the meaning given such term in section 201(g)(1) of such Act.", "id": "H49AC0C2EA39D4611915D2C4BEE33D188", "header": "Agreements regarding prices of brand-name prescription drugs; relation to certain tax deductions and credits", "nested": [ { "text": "(a) In general \n(1) Agreement \nThe Secretary may in accordance with this section enter into an agreement with any manufacturer of a brand-name prescription drug for purposes of— (A) section 280I of the Internal Revenue Code of 1986 (relating to the allowance of a deduction for expenditures relating to the advertising, promoting, or marketing of such drug); and (B) section 901(l) of such Code (relating to the allowance of a foreign tax credit for income, war profits, or excess profits taxes paid or accrued with respect to such drug). (2) Coordination with tax provisions \nFor purposes of the provisions of the Internal Revenue Code of 1986 referred to in paragraph (1), an agreement under this section shall be considered to be in effect with respect to a brand-name prescription drug unless the Secretary transmits to the Secretary of the Treasury a notice in writing that such an agreement is not in effect. (3) Negotiations \nThe Secretary shall negotiate with any manufacturer of a brand-name prescription drug that in good faith seeks an agreement under paragraph (1), and shall make reasonable efforts to enter into such an agreement with the manufacturer.", "id": "HC82B287147D143CF902C7491A14671C1", "header": "In general", "nested": [], "links": [ { "text": "section 280I", "legal-doc": "usc", "parsable-cite": "usc/26/280I" } ] }, { "text": "(b) Public health objectives of agreement \nThe purpose of an agreement under subsection (a) regarding a drug is to establish the maximum price at which the drug may be sold at wholesale under the agreement, reasonably taking into account— (1) the affordability of the drug in relation to the public-health need for the drug; and (2) the need for the manufacturer to invest in research and development activities toward the development of new drugs that will benefit the public health.", "id": "HFDDCFA4E1AC348219CFBD6BF5D96DF2", "header": "Public health objectives of agreement", "nested": [], "links": [] }, { "text": "(c) Duration of agreement; renegotiation \n(1) In general \nWith respect to taxable years of a manufacturer, the Secretary may enter into an agreement under subsection (a) regarding a drug only if the agreement contains provisions in accordance with the following: (A) In the case of the agreement as first in effect, the agreement will be in effect for not fewer than four successive taxable years. (B) In the case of taxable years following such four taxable years, the agreement may be periodically renegotiated at the initiative of the manufacturer or the Secretary, except that any agreement that takes effect pursuant to such a renegotiation will remain in effect for not fewer than four taxable years. (C) Each agreement will apply to the entirety of the taxable years with which the agreement is concerned, except that in the case of the taxable year during which the drug first enters the commercial market, the applicability of the agreement will begin on the date during the taxable year on which commercial marketing of the drug begins. (2) Variation in maximum price under agreement \nWith respect to the maximum price established for a drug under an agreement under subsection (a), this section may not be construed as requiring that the agreement provide that a single maximum price be in effect throughout the taxable years with which the agreement is concerned. The maximum price may vary under the agreement according to the terms of the agreement.", "id": "HE5CCB814596D4061A6BA28497C1BED59", "header": "Duration of agreement; renegotiation", "nested": [], "links": [] }, { "text": "(d) Violation of agreement; liquidated penalty \n(1) In general \nThe Secretary may enter into an agreement under subsection (a) regarding a drug only if— (A) the agreement specifies the amount that, as a liquidated penalty, the Secretary may require the manufacturer involved to pay to the United States for failing to maintain substantial compliance with the agreement; and (B) such amount is sufficient to deter violations of the agreement. (2) Hearing; loss of effective status of agreement \n(A) Hearing \nIf, after providing notice and an opportunity for a hearing, the Secretary determines that a manufacturer has failed to maintain substantial compliance with the agreement under subsection (a), the Secretary shall order the manufacturer— (i) to pay to the United States an amount as a penalty for such failure, which amount does not exceed the amount specified under paragraph (1)(A) as a liquidated penalty; and (ii) to take appropriate action to bring the manufacturer into compliance with the agreement. (B) Loss of effective status \nIf a manufacturer fails to comply with an order under subparagraph (A), the Secretary may transmit to the Secretary of the Treasury a notice in writing that an agreement under this section is not in effect with respect to the brand-name prescription drug involved.", "id": "H29F5F32A8DCC4687AEC77620DDFBFB25", "header": "Violation of agreement; liquidated penalty", "nested": [], "links": [] }, { "text": "(e) General provisions \n(1) Individual drug agreements \nThe Secretary shall ensure that each agreement under subsection (a) concerns only one brand-name prescription drug. (2) Monitoring of compliance \nWith respect to brand-name prescription drugs for which agreements under subsection (a) are in effect, the Secretary shall monitor the prices at which such drugs are being sold and determine whether the manufacturers involved are in compliance with the agreements. The Secretary may require, as a condition of a entering into an agreement under subsection (a) with a manufacturer, that the agreement include provisions regarding the cooperation of the manufacturer with such monitoring of prices. (3) Access to records \nThe Secretary may require, as a condition of a entering into an agreement under subsection (a) with a manufacturer, that the manufacturer provide the Secretary, during negotiations and after the agreement is made, with access to financial records of the manufacturer that relate to the brand-name prescription drug involved. (4) Consideration of compliance record \nIn determining to what extent to establish requirements under paragraphs (2) and (3) with respect to an agreement under subsection (a) with a manufacturer, the Secretary shall take into account whether the manufacturer has maintained substantial compliance with any other agreements under such subsection that have been made by the manufacturer.", "id": "H4AF84AC4821D4E99911D23E162EA926D", "header": "General provisions", "nested": [], "links": [] }, { "text": "(f) Advisory Panel on Drug-Price Negotiations \n(1) In general \nThe Secretary shall establish an advisory panel to be known as the Advisory Panel on Drug-Price Negotiations (in this subsection referred to as the Advisory Panel ). (2) Duties \nThe Advisory Panel shall provide advice to the Secretary on establishing prices for the sale of brand-name prescription drugs at wholesale under agreements under subsection (a). Not later than one year after the date on which the initial appointments to the Advisory Panel under paragraph (3) are completed, the Panel shall— (A) select, from brand-name prescription drugs in commercial distribution as of the date of the enactment of the Sustainable Drug Pricing Act — (i) a list of 25 drugs that the Panel considers important to the public health; and (ii) a list of the 25 most commonly prescribed drugs in the United States, exclusive of drugs included on the list under clause (i); and (B) submit to the Secretary the recommendations of the Panel with respect to such prices for drugs on the lists. (3) Composition \nThe Advisory Panel shall be composed of five members appointed by the Secretary from among individuals who are not officers or employees of the Federal Government. Of such members— (A) one shall be a representative of the pharmaceutical industry; (B) one shall be a representative of retail consumers generally; (C) one shall be a representative of retail consumers who are members of racial or ethnic minority groups; (D) one shall be an academic with expertise in health care economics; and (E) one shall be an academic with expertise in public health. The Secretary shall appoint the initial members of the Advisory Panel not later than 180 days after the date of the enactment of the Sustainable Drug Pricing Act. (4) Chair \nThe Advisory Panel shall select, by recorded vote, a member of the Panel to serve as the chair of the Panel. (5) Terms \n(A) In general \nEach member of the Advisory Panel shall be appointed for a term of four years, except that the term of each of the initial members expires December 31, 2007. (B) Service after expiration of term \nA member of the Advisory Panel may continue to serve after the expiration of the term of the member until a successor is appointed. (6) Vacancies \n(A) Authority of advisory panel \nA vacancy in the membership of the Advisory Panel does not affect the power of the remaining members to carry out the duties of the Panel. (B) Appointment of successors \nA vacancy in the membership of the Advisory Panel shall be filled in the manner in which the original appointment was made. (C) Incomplete term \nIf a member of the Advisory Panel does not serve the full term under paragraph (5)(A), the Secretary, not later than 30 days after the date on which the vacancy occurs, shall appoint an individual to serve as a member of the Advisory Panel for the remainder of such term.", "id": "H9E9EEE3D06EF4373BD28CADDBFCC4518", "header": "Advisory Panel on Drug-Price Negotiations", "nested": [], "links": [] }, { "text": "(g) Definitions \nFor purposes of this section: (1) The term brand-name prescription drug means a drug meeting each of the following criteria: (A) An approved application under section 505(b)(1) of the Federal Food, Drug, and Cosmetic Act is in effect for the drug, or in the case of a drug that is a biological product, a biologics license is in effect for the drug under section 351 of this Act. (B) The drug is subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act. (C) A period of market exclusivity is in effect with respect to the drug pursuant to a patent or pursuant to section 505(j) or 505A of such Act. (2) The term drug has the meaning given such term in section 201(g)(1) of such Act.", "id": "HA68B91165AD74BEA82479C03E49EE4CA", "header": "Definitions", "nested": [], "links": [] } ], "links": [ { "text": "section 280I", "legal-doc": "usc", "parsable-cite": "usc/26/280I" } ] }, { "text": "3. Denial of certain tax benefits unless unless pricing agreement for brand-name prescription drugs is in effect \n(a) Deductions for advertising \n(1) In general \nPart IX of subchapter B of chapter 1 of subtitle A of the Internal Revenue Code of 1986 (relating to items not deductible) is amended by adding at the end the following: 280I. Denial of deductions for advertising for brand-name prescription drugs unless pricing agreement is in effect \n(a) In general \nNo deduction shall be allowed under this chapter for any taxable year for any expenditure relating to the advertising, promoting, or marketing (in any medium) of any brand-name prescription drug manufactured by the taxpayer. (b) Exception for qualified pricing agreement \n(1) In general \nSubsection (a) shall not apply with respect to any brand-name prescription drug for a taxable year if there is in effect for the entire taxable year a qualified pricing agreement with respect to such drug. (2) Special rule regarding initial commercial marketing \nIn the case of the taxable year during which a brand-name prescription drug first enters the commercial market, subsection (a) shall not apply with respect to such drug for such taxable year if a qualified pricing agreement with respect to the drug is in effect on the date of such entry and remains in effect throughout the remainder of such year. (c) Definitions \nFor purposes of this section— (1) Qualified pricing agreement \nThe term qualified pricing agreement means an agreement entered into under section 340H of the Public Health Service Act. (2) Brand-name prescription drug \nThe term brand-name prescription drug has the meaning given such term in section 340H of the Public Health Service Act. (d) Aggregation rules \nFor purposes of this section, all members of the same controlled group of corporations (within the meaning of section 52(a)) and all persons under common control (within the meaning of section 52(b)) shall be treated as 1 person.. (2) Clerical amendment \nThe table of sections for such part IX is amended by adding after the item relating to section 280H the following: Sec. 280I. Denial of deductions for advertising for brand-name prescription drugs unless pricing agreement is in effect. (b) Foreign tax credit \nSection 901 of such Code (relating to taxes of foreign countries and of possessions of United States) is amended by redesignating subsection (l) as subsection (m) and by inserting after subsection (k) the following new subsection: (l) Denial of foreign tax credit, etc. with respect to brand-name prescription drugs unless pricing agreement is in effect \n(1) In general \nNotwithstanding any other provision of this part, no credit shall be allowed under subsection (a) for any income, war profits, or excess profits taxes paid or accrued (or deemed paid under section 902 or 960) with respect to any brand-name prescription drug manufactured by the taxpayer. (2) Exception for qualified pricing agreement \n— (A) In general \nParagraph (1) shall not apply with respect to any brand-name prescription drug for a taxable year if there is in effect for the entire taxable year a qualified pricing agreement with respect to such drug. (B) Special rule regarding initial commercial marketing \nIn the case of the taxable year during which a brand-name prescription drug first enters the commercial market, paragraph (1) shall not apply with respect to such drug for such taxable year if a qualified pricing agreement with respect to the drug is in effect on the date of such entry and remains in effect throughout the remainder of such year. (3) Definitions \nFor purposes of this subsection, the terms qualified pricing agreement and brand-name prescription drug have the meanings given such terms by section 280I. (4) Aggregation rules \nFor purposes of this subsection, a rule similar to the rule of section 280I(d) shall apply.. (c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2005.", "id": "H0C3B6715319249388EC1A6FF82C7676", "header": "Denial of certain tax benefits unless unless pricing agreement for brand-name prescription drugs is in effect", "nested": [ { "text": "(a) Deductions for advertising \n(1) In general \nPart IX of subchapter B of chapter 1 of subtitle A of the Internal Revenue Code of 1986 (relating to items not deductible) is amended by adding at the end the following: 280I. Denial of deductions for advertising for brand-name prescription drugs unless pricing agreement is in effect \n(a) In general \nNo deduction shall be allowed under this chapter for any taxable year for any expenditure relating to the advertising, promoting, or marketing (in any medium) of any brand-name prescription drug manufactured by the taxpayer. (b) Exception for qualified pricing agreement \n(1) In general \nSubsection (a) shall not apply with respect to any brand-name prescription drug for a taxable year if there is in effect for the entire taxable year a qualified pricing agreement with respect to such drug. (2) Special rule regarding initial commercial marketing \nIn the case of the taxable year during which a brand-name prescription drug first enters the commercial market, subsection (a) shall not apply with respect to such drug for such taxable year if a qualified pricing agreement with respect to the drug is in effect on the date of such entry and remains in effect throughout the remainder of such year. (c) Definitions \nFor purposes of this section— (1) Qualified pricing agreement \nThe term qualified pricing agreement means an agreement entered into under section 340H of the Public Health Service Act. (2) Brand-name prescription drug \nThe term brand-name prescription drug has the meaning given such term in section 340H of the Public Health Service Act. (d) Aggregation rules \nFor purposes of this section, all members of the same controlled group of corporations (within the meaning of section 52(a)) and all persons under common control (within the meaning of section 52(b)) shall be treated as 1 person.. (2) Clerical amendment \nThe table of sections for such part IX is amended by adding after the item relating to section 280H the following: Sec. 280I. Denial of deductions for advertising for brand-name prescription drugs unless pricing agreement is in effect.", "id": "H751DFA778EF442CAAA00990917AAB45", "header": "Deductions for advertising", "nested": [], "links": [] }, { "text": "(b) Foreign tax credit \nSection 901 of such Code (relating to taxes of foreign countries and of possessions of United States) is amended by redesignating subsection (l) as subsection (m) and by inserting after subsection (k) the following new subsection: (l) Denial of foreign tax credit, etc. with respect to brand-name prescription drugs unless pricing agreement is in effect \n(1) In general \nNotwithstanding any other provision of this part, no credit shall be allowed under subsection (a) for any income, war profits, or excess profits taxes paid or accrued (or deemed paid under section 902 or 960) with respect to any brand-name prescription drug manufactured by the taxpayer. (2) Exception for qualified pricing agreement \n— (A) In general \nParagraph (1) shall not apply with respect to any brand-name prescription drug for a taxable year if there is in effect for the entire taxable year a qualified pricing agreement with respect to such drug. (B) Special rule regarding initial commercial marketing \nIn the case of the taxable year during which a brand-name prescription drug first enters the commercial market, paragraph (1) shall not apply with respect to such drug for such taxable year if a qualified pricing agreement with respect to the drug is in effect on the date of such entry and remains in effect throughout the remainder of such year. (3) Definitions \nFor purposes of this subsection, the terms qualified pricing agreement and brand-name prescription drug have the meanings given such terms by section 280I. (4) Aggregation rules \nFor purposes of this subsection, a rule similar to the rule of section 280I(d) shall apply..", "id": "H8EAC2F0005204726839548C67C8FA893", "header": "Foreign tax credit", "nested": [], "links": [] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2005.", "id": "HD453ECB9056A48E097D7D6F033C13B41", "header": "Effective date", "nested": [], "links": [] } ], "links": [] }, { "text": "280I. Denial of deductions for advertising for brand-name prescription drugs unless pricing agreement is in effect \n(a) In general \nNo deduction shall be allowed under this chapter for any taxable year for any expenditure relating to the advertising, promoting, or marketing (in any medium) of any brand-name prescription drug manufactured by the taxpayer. (b) Exception for qualified pricing agreement \n(1) In general \nSubsection (a) shall not apply with respect to any brand-name prescription drug for a taxable year if there is in effect for the entire taxable year a qualified pricing agreement with respect to such drug. (2) Special rule regarding initial commercial marketing \nIn the case of the taxable year during which a brand-name prescription drug first enters the commercial market, subsection (a) shall not apply with respect to such drug for such taxable year if a qualified pricing agreement with respect to the drug is in effect on the date of such entry and remains in effect throughout the remainder of such year. (c) Definitions \nFor purposes of this section— (1) Qualified pricing agreement \nThe term qualified pricing agreement means an agreement entered into under section 340H of the Public Health Service Act. (2) Brand-name prescription drug \nThe term brand-name prescription drug has the meaning given such term in section 340H of the Public Health Service Act. (d) Aggregation rules \nFor purposes of this section, all members of the same controlled group of corporations (within the meaning of section 52(a)) and all persons under common control (within the meaning of section 52(b)) shall be treated as 1 person.", "id": "H87E56503CC5D4F329220CF30B729C46B", "header": "Denial of deductions for advertising for brand-name prescription drugs unless pricing agreement is in effect", "nested": [ { "text": "(a) In general \nNo deduction shall be allowed under this chapter for any taxable year for any expenditure relating to the advertising, promoting, or marketing (in any medium) of any brand-name prescription drug manufactured by the taxpayer.", "id": "HB58C2E581E794D57A02E08E283D542F", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Exception for qualified pricing agreement \n(1) In general \nSubsection (a) shall not apply with respect to any brand-name prescription drug for a taxable year if there is in effect for the entire taxable year a qualified pricing agreement with respect to such drug. (2) Special rule regarding initial commercial marketing \nIn the case of the taxable year during which a brand-name prescription drug first enters the commercial market, subsection (a) shall not apply with respect to such drug for such taxable year if a qualified pricing agreement with respect to the drug is in effect on the date of such entry and remains in effect throughout the remainder of such year.", "id": "HE7092AF2AEFA4FD988C1FB54001B8E6D", "header": "Exception for qualified pricing agreement", "nested": [], "links": [] }, { "text": "(c) Definitions \nFor purposes of this section— (1) Qualified pricing agreement \nThe term qualified pricing agreement means an agreement entered into under section 340H of the Public Health Service Act. (2) Brand-name prescription drug \nThe term brand-name prescription drug has the meaning given such term in section 340H of the Public Health Service Act.", "id": "H9FDE18A898E1489B82F7CEBD1604273F", "header": "Definitions", "nested": [], "links": [] }, { "text": "(d) Aggregation rules \nFor purposes of this section, all members of the same controlled group of corporations (within the meaning of section 52(a)) and all persons under common control (within the meaning of section 52(b)) shall be treated as 1 person.", "id": "H255BFB19C20444FF980070122675EEB", "header": "Aggregation rules", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Federal Register notice \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall publish in the Federal Register a notice that informs manufacturers of brand-name prescription drugs of the provisions of the amendments made by this Act, and that invites the manufacturers to enter into negotiations with the Secretary for purposes of entering into agreements under section 340H of the Public Health Service Act.", "id": "H34ED4C2749054186A9D5DF710400AC72", "header": "Federal Register notice", "nested": [], "links": [] } ]

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

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H7F8EEA6C80764E12981BE8832304EBDE", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Nationwide livestock identification system; review of usda responses to outbreaks of disease in livestock \nSection 10411 of the Animal Health Protection Act ( 7 U.S.C. 8310 ) is amended by adding at the end the following new subsections: (f) Nationwide livestock identification system \n(1) In general \nNot later than 90 days after the date of enactment of this subsection, the Secretary shall establish an electronic nationwide livestock identification system for the identification of individual animals to enhance the speed and accuracy of the response of the Department of Agriculture to outbreaks of disease in livestock. (2) Capabilities \nThe livestock identification system shall be capable of tracing, within 48 hours, an individual animal from birth to slaughter. (3) Use of existing technology \nThe Secretary may use technology developed by private entities before the date of enactment of this subsection to operate the livestock identification system. (4) Financial assistance \nThe Secretary may provide financial assistance to producers to assist the producers in complying with the livestock identification system. (5) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary for fiscal year 2005 to carry out this subsection $50,000,000, of which $25,000,000 shall be available to carry out paragraph (4). (g) Review of responses to outbreaks of disease \nThe Secretary may appoint an international panel of scientific experts to provide an objective review of a response by the Department of Agriculture to an outbreak of disease in livestock and identify areas for improvements in such responses..", "id": "HC5458ACDBC2A4716A74FF13B3660683E", "header": "Nationwide livestock identification system; review of usda responses to outbreaks of disease in livestock", "nested": [], "links": [ { "text": "7 U.S.C. 8310", "legal-doc": "usc", "parsable-cite": "usc/7/8310" } ] } ]

[ "Agriculture Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HC37EC49AF1554FDC9155DEF8464801CC", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Limitations on off-shore performance of contracts for the procurement of goods or services \n(a) Limitations \n(1) In general \nThe Office of Federal Procurement Policy Act ( 41 U.S.C. 403 et seq. ) is amended by adding at the end the following new section: 42. Limitations on off-shore performance of contracts for the procurement of goods or services \n(a) Conversions to contractor performance of Federal activities \nAn activity or function of an executive agency that is converted to contractor performance under Office of Management and Budget Circular A–76 may not be performed by the contractor or any subcontractor at a location outside the United States except to the extent that such activity or function was previously performed by Federal Government employees outside the United States. (b) Federal contracts for the procurement of goods or services \n(1) A contract for the procurement of goods or services that is entered into by the head of an executive agency may not be performed outside the United States except to meet a requirement of the executive agency for goods or services specifically at a location outside the United States. (2) The President may waive the prohibition in paragraph (1) in the case of any contract for which the President determines in writing that it is necessary in the national security interests of the United States for goods or services under the contract to be provided or performed outside the United States. (3) Paragraph (1) does not apply to goods provided or services performed outside the United States under the exception provided in subsection (a). (c) State contracts for the procurement of goods or services \n(1) Funds appropriated for financial assistance for a State may not be disbursed to or for such State during a fiscal year unless the chief executive of that State has transmitted to the Administrator for Federal Procurement Policy, not later than April 1 of the preceding fiscal year, a written certification that none of such funds will be expended for goods provided or services performed outside the United States under contracts for the procurement of goods or services entered into by such State. (2) In this subsection, the term State means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands.. (2) Clerical amendment \nThe table of sections in section 1(b) of such Act is amended by adding at the end the following new item: Sec. 42. Limitations on off-shore performance of contracts for the procurement of goods or services. (b) Inapplicability to States during first two fiscal years \nSection 42(c) of the Office of Federal Procurement Policy Act (as added by subsection (a)) shall not apply to disbursements of funds to a State during the fiscal year in which this Act is enacted and the next fiscal year. (c) Repeal of superseded law \nSection 647 of the Transportation, Treasury, and Independent Agencies Appropriations Act, 2004 (division F of Public Law 108–199 ) is amended by striking subsection (e).", "id": "H4D7C6E3D1664477487526C3633DF78FB", "header": "Limitations on off-shore performance of contracts for the procurement of goods or services", "nested": [ { "text": "(a) Limitations \n(1) In general \nThe Office of Federal Procurement Policy Act ( 41 U.S.C. 403 et seq. ) is amended by adding at the end the following new section: 42. Limitations on off-shore performance of contracts for the procurement of goods or services \n(a) Conversions to contractor performance of Federal activities \nAn activity or function of an executive agency that is converted to contractor performance under Office of Management and Budget Circular A–76 may not be performed by the contractor or any subcontractor at a location outside the United States except to the extent that such activity or function was previously performed by Federal Government employees outside the United States. (b) Federal contracts for the procurement of goods or services \n(1) A contract for the procurement of goods or services that is entered into by the head of an executive agency may not be performed outside the United States except to meet a requirement of the executive agency for goods or services specifically at a location outside the United States. (2) The President may waive the prohibition in paragraph (1) in the case of any contract for which the President determines in writing that it is necessary in the national security interests of the United States for goods or services under the contract to be provided or performed outside the United States. (3) Paragraph (1) does not apply to goods provided or services performed outside the United States under the exception provided in subsection (a). (c) State contracts for the procurement of goods or services \n(1) Funds appropriated for financial assistance for a State may not be disbursed to or for such State during a fiscal year unless the chief executive of that State has transmitted to the Administrator for Federal Procurement Policy, not later than April 1 of the preceding fiscal year, a written certification that none of such funds will be expended for goods provided or services performed outside the United States under contracts for the procurement of goods or services entered into by such State. (2) In this subsection, the term State means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands.. (2) Clerical amendment \nThe table of sections in section 1(b) of such Act is amended by adding at the end the following new item: Sec. 42. Limitations on off-shore performance of contracts for the procurement of goods or services.", "id": "H0A4237C0F5DE451EB929F1D54B546C00", "header": "Limitations", "nested": [], "links": [ { "text": "41 U.S.C. 403 et seq.", "legal-doc": "usc", "parsable-cite": "usc/41/403" } ] }, { "text": "(b) Inapplicability to States during first two fiscal years \nSection 42(c) of the Office of Federal Procurement Policy Act (as added by subsection (a)) shall not apply to disbursements of funds to a State during the fiscal year in which this Act is enacted and the next fiscal year.", "id": "H8E863D964D0640DEBF74DD06FD25054B", "header": "Inapplicability to States during first two fiscal years", "nested": [], "links": [] }, { "text": "(c) Repeal of superseded law \nSection 647 of the Transportation, Treasury, and Independent Agencies Appropriations Act, 2004 (division F of Public Law 108–199 ) is amended by striking subsection (e).", "id": "HA24C8EDAB97A479BA14F7E22C1730043", "header": "Repeal of superseded law", "nested": [], "links": [ { "text": "Public Law 108–199", "legal-doc": "public-law", "parsable-cite": "pl/108/199" } ] } ], "links": [ { "text": "41 U.S.C. 403 et seq.", "legal-doc": "usc", "parsable-cite": "usc/41/403" }, { "text": "Public Law 108–199", "legal-doc": "public-law", "parsable-cite": "pl/108/199" } ] }, { "text": "42. Limitations on off-shore performance of contracts for the procurement of goods or services \n(a) Conversions to contractor performance of Federal activities \nAn activity or function of an executive agency that is converted to contractor performance under Office of Management and Budget Circular A–76 may not be performed by the contractor or any subcontractor at a location outside the United States except to the extent that such activity or function was previously performed by Federal Government employees outside the United States. (b) Federal contracts for the procurement of goods or services \n(1) A contract for the procurement of goods or services that is entered into by the head of an executive agency may not be performed outside the United States except to meet a requirement of the executive agency for goods or services specifically at a location outside the United States. (2) The President may waive the prohibition in paragraph (1) in the case of any contract for which the President determines in writing that it is necessary in the national security interests of the United States for goods or services under the contract to be provided or performed outside the United States. (3) Paragraph (1) does not apply to goods provided or services performed outside the United States under the exception provided in subsection (a). (c) State contracts for the procurement of goods or services \n(1) Funds appropriated for financial assistance for a State may not be disbursed to or for such State during a fiscal year unless the chief executive of that State has transmitted to the Administrator for Federal Procurement Policy, not later than April 1 of the preceding fiscal year, a written certification that none of such funds will be expended for goods provided or services performed outside the United States under contracts for the procurement of goods or services entered into by such State. (2) In this subsection, the term State means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands.", "id": "H964AB7BEC2C64B9994CFCA2D1E0409FF", "header": "Limitations on off-shore performance of contracts for the procurement of goods or services", "nested": [ { "text": "(a) Conversions to contractor performance of Federal activities \nAn activity or function of an executive agency that is converted to contractor performance under Office of Management and Budget Circular A–76 may not be performed by the contractor or any subcontractor at a location outside the United States except to the extent that such activity or function was previously performed by Federal Government employees outside the United States.", "id": "HF5F1ED3F9FCF44DAB074A601E8BF5E15", "header": "Conversions to contractor performance of Federal activities", "nested": [], "links": [] }, { "text": "(b) Federal contracts for the procurement of goods or services \n(1) A contract for the procurement of goods or services that is entered into by the head of an executive agency may not be performed outside the United States except to meet a requirement of the executive agency for goods or services specifically at a location outside the United States. (2) The President may waive the prohibition in paragraph (1) in the case of any contract for which the President determines in writing that it is necessary in the national security interests of the United States for goods or services under the contract to be provided or performed outside the United States. (3) Paragraph (1) does not apply to goods provided or services performed outside the United States under the exception provided in subsection (a).", "id": "H7EECD12AEDEE415EAB9EBF8FAF5BB973", "header": "Federal contracts for the procurement of goods or services", "nested": [], "links": [] }, { "text": "(c) State contracts for the procurement of goods or services \n(1) Funds appropriated for financial assistance for a State may not be disbursed to or for such State during a fiscal year unless the chief executive of that State has transmitted to the Administrator for Federal Procurement Policy, not later than April 1 of the preceding fiscal year, a written certification that none of such funds will be expended for goods provided or services performed outside the United States under contracts for the procurement of goods or services entered into by such State. (2) In this subsection, the term State means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands.", "id": "H748D05F8F1A04C648F5E5DDA8E985900", "header": "State contracts for the procurement of goods or services", "nested": [], "links": [] } ], "links": [] } ]

[ "Oversight and Accountability Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the No Qualified Teacher Left Behind Act of 2004.", "id": "H47D30CEDBCA24A1FA9C7F323F2E6B416", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Amendments to ESEA relating to teacher qualifications \n(a) Highly qualified definition \nParagraph (23) of section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ) is amended— (1) in subparagraph (B)(ii)— (A) in subclause (I), by striking or at the end; and (B) by striking subclause (II) and inserting the following: (II) successful completion, in each of the academic subjects in which the teacher teaches, of an academic major or minor, a graduate degree, State certification of sufficient college-level coursework to satisfy this subclause, or advanced certification; or (III) passing a high objective uniform State standard of evaluation described in subparagraph (C)(ii) in each of the academic subjects in which the teacher teaches; and ; and (2) in clause (ii) of subparagraph (C)— (A) in subclause (V), by striking but not be based primarily on and inserting but not be based solely on ; (B) by redesignating subclauses (VI) and (VII) as subclauses (VII) and (VIII), respectively; and (C) by inserting after subclause (V) the following: (VI) takes into consideration any professional development being pursued;. (b) Rural school districts \n(1) Extension \nSubsection (a) of section 1119 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6319 ) is amended by adding at the end the following: (4) Rural school districts \n(A) In general \nNotwithstanding the deadline described in paragraphs (2) and (3), a plan developed by a State educational agency or a local educational agency under this subsection shall ensure that all teachers who are described in such paragraphs, but are teaching in a rural school district, are highly qualified not later than the end of the 2008–2009 school year. (B) Definition \nFor purposes of this paragraph, a rural school district means a local educational agency that— (i) meets the eligibility criteria described in section 6211(b), including by obtaining a waiver under paragraph (2) of such section; and (ii) employs a percentage of teachers who are not highly qualified that is higher than the corresponding percentage for the State involved.. (2) Additional funding \nSection 6234 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7355c ) is amended— (A) by striking There are and inserting (a) In General.—There are ; and (B) by adding at the end the following: (b) Highly qualified teachers \nFor the purpose of making grants under subpart 2 to be used for teacher recruitment, retention, and professional development activities described in section 6222(a) in rural school districts (as that term is defined in section 1119(a)(4)), there are authorized to be appropriated $50,000,000 for fiscal year 2005 and such sums as may be necessary for each of fiscal years 2006 and 2007. Such authorization of appropriations is in addition to the authorization of appropriations in subsection (a).. (c) Core academic subjects only \nParagraph (1) of section 1119(a) ( 20 U.S.C. 6319(a) ) is amended by inserting , teaching in core academic subjects, after hired after such day. (d) Proportion of inexperienced teachers \nSubparagraph (C) of section 1111(b)(8) ( 20 U.S.C. 6311(b)(8) ) is amended by striking inexperienced, unqualified, or out-of-field teachers and inserting unqualified or out-of-field teachers. (e) Other grantees \nSubpart 2 of part E of title IX of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7901 et seq. ) is amended by adding at the end the following: 9537. Highly qualified teachers \nNo entity may receive any funds under this Act unless, irrespective of whether the entity has applied for a grant under part A of title I, the entity ensures that all elementary school and secondary school teachers employed by the entity and teaching in core academic subjects are highly qualified not later than— (1) the end of the 2005–2006 school year; or (2) in the case of a teacher in a rural school district (as that term is defined in section 1119(a)(4)), the end of the 2008–2009 school year..", "id": "H84BD8D60A698430F975408E02804A700", "header": "Amendments to ESEA relating to teacher qualifications", "nested": [ { "text": "(a) Highly qualified definition \nParagraph (23) of section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ) is amended— (1) in subparagraph (B)(ii)— (A) in subclause (I), by striking or at the end; and (B) by striking subclause (II) and inserting the following: (II) successful completion, in each of the academic subjects in which the teacher teaches, of an academic major or minor, a graduate degree, State certification of sufficient college-level coursework to satisfy this subclause, or advanced certification; or (III) passing a high objective uniform State standard of evaluation described in subparagraph (C)(ii) in each of the academic subjects in which the teacher teaches; and ; and (2) in clause (ii) of subparagraph (C)— (A) in subclause (V), by striking but not be based primarily on and inserting but not be based solely on ; (B) by redesignating subclauses (VI) and (VII) as subclauses (VII) and (VIII), respectively; and (C) by inserting after subclause (V) the following: (VI) takes into consideration any professional development being pursued;.", "id": "H647137DEDF474A8FB5AC1E65358ED1FD", "header": "Highly qualified definition", "nested": [], "links": [ { "text": "20 U.S.C. 7801", "legal-doc": "usc", "parsable-cite": "usc/20/7801" } ] }, { "text": "(b) Rural school districts \n(1) Extension \nSubsection (a) of section 1119 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6319 ) is amended by adding at the end the following: (4) Rural school districts \n(A) In general \nNotwithstanding the deadline described in paragraphs (2) and (3), a plan developed by a State educational agency or a local educational agency under this subsection shall ensure that all teachers who are described in such paragraphs, but are teaching in a rural school district, are highly qualified not later than the end of the 2008–2009 school year. (B) Definition \nFor purposes of this paragraph, a rural school district means a local educational agency that— (i) meets the eligibility criteria described in section 6211(b), including by obtaining a waiver under paragraph (2) of such section; and (ii) employs a percentage of teachers who are not highly qualified that is higher than the corresponding percentage for the State involved.. (2) Additional funding \nSection 6234 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7355c ) is amended— (A) by striking There are and inserting (a) In General.—There are ; and (B) by adding at the end the following: (b) Highly qualified teachers \nFor the purpose of making grants under subpart 2 to be used for teacher recruitment, retention, and professional development activities described in section 6222(a) in rural school districts (as that term is defined in section 1119(a)(4)), there are authorized to be appropriated $50,000,000 for fiscal year 2005 and such sums as may be necessary for each of fiscal years 2006 and 2007. Such authorization of appropriations is in addition to the authorization of appropriations in subsection (a)..", "id": "HC71E801D91784221B7B47515F977B529", "header": "Rural school districts", "nested": [], "links": [ { "text": "20 U.S.C. 6319", "legal-doc": "usc", "parsable-cite": "usc/20/6319" }, { "text": "20 U.S.C. 7355c", "legal-doc": "usc", "parsable-cite": "usc/20/7355c" } ] }, { "text": "(c) Core academic subjects only \nParagraph (1) of section 1119(a) ( 20 U.S.C. 6319(a) ) is amended by inserting , teaching in core academic subjects, after hired after such day.", "id": "H30C28B5A21124B62A305F4F642E00D8", "header": "Core academic subjects only", "nested": [], "links": [ { "text": "20 U.S.C. 6319(a)", "legal-doc": "usc", "parsable-cite": "usc/20/6319" } ] }, { "text": "(d) Proportion of inexperienced teachers \nSubparagraph (C) of section 1111(b)(8) ( 20 U.S.C. 6311(b)(8) ) is amended by striking inexperienced, unqualified, or out-of-field teachers and inserting unqualified or out-of-field teachers.", "id": "HCEAA9D0D5CDA43C3A5DFF3AB4231852C", "header": "Proportion of inexperienced teachers", "nested": [], "links": [ { "text": "20 U.S.C. 6311(b)(8)", "legal-doc": "usc", "parsable-cite": "usc/20/6311" } ] }, { "text": "(e) Other grantees \nSubpart 2 of part E of title IX of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7901 et seq. ) is amended by adding at the end the following: 9537. Highly qualified teachers \nNo entity may receive any funds under this Act unless, irrespective of whether the entity has applied for a grant under part A of title I, the entity ensures that all elementary school and secondary school teachers employed by the entity and teaching in core academic subjects are highly qualified not later than— (1) the end of the 2005–2006 school year; or (2) in the case of a teacher in a rural school district (as that term is defined in section 1119(a)(4)), the end of the 2008–2009 school year..", "id": "H58DA2065EB9C4DC8B808DD9E292EFFE1", "header": "Other grantees", "nested": [], "links": [ { "text": "20 U.S.C. 7901 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/7901" } ] } ], "links": [ { "text": "20 U.S.C. 7801", "legal-doc": "usc", "parsable-cite": "usc/20/7801" }, { "text": "20 U.S.C. 6319", "legal-doc": "usc", "parsable-cite": "usc/20/6319" }, { "text": "20 U.S.C. 7355c", "legal-doc": "usc", "parsable-cite": "usc/20/7355c" }, { "text": "20 U.S.C. 6319(a)", "legal-doc": "usc", "parsable-cite": "usc/20/6319" }, { "text": "20 U.S.C. 6311(b)(8)", "legal-doc": "usc", "parsable-cite": "usc/20/6311" }, { "text": "20 U.S.C. 7901 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/7901" } ] }, { "text": "9537. Highly qualified teachers \nNo entity may receive any funds under this Act unless, irrespective of whether the entity has applied for a grant under part A of title I, the entity ensures that all elementary school and secondary school teachers employed by the entity and teaching in core academic subjects are highly qualified not later than— (1) the end of the 2005–2006 school year; or (2) in the case of a teacher in a rural school district (as that term is defined in section 1119(a)(4)), the end of the 2008–2009 school year.", "id": "H4DCE87F7F0DF45CD92FF6DE8631515C1", "header": "Highly qualified teachers", "nested": [], "links": [] } ]

[ "Education and the Workforce Committee" ]

[ { "text": "1. Temporary expansion of penalty-free withdrawals from individual retirement plans for individuals within certain disaster areas \n(a) In general \nParagraph (2) of section 72(t) of the Internal Revenue Code of 1986 (relating to 10-percent additional tax on early distributions from qualified retirement plans) is amended by adding at the end the following new subparagraph: (G) Distributions from retirement plans to victims of certain natural disasters occurring in 2004 \nAny distribution from an individual retirement plan to an individual who resides within, or holds real property located within, an area determined by the President to warrant assistance from the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of hurricane, flood, or other natural disaster at least part of which occurred in calendar year 2004 if such distribution is made within 6 months after the date of the disaster declaration. Distributions shall not be taken into account under the preceding sentence if such distributions are described in subparagraph (A), (D), (E), or (F) or to the extent paragraph (1) does not apply to such distributions by reason of subparagraph (B).. (b) Effective date \nThe amendment made by this section shall apply to distributions received in taxable years beginning after December 31, 2003.", "id": "H6DAAA88850EF419F91ECDD4300EF1BC6", "header": "Temporary expansion of penalty-free withdrawals from individual retirement plans for individuals within certain disaster areas", "nested": [ { "text": "(a) In general \nParagraph (2) of section 72(t) of the Internal Revenue Code of 1986 (relating to 10-percent additional tax on early distributions from qualified retirement plans) is amended by adding at the end the following new subparagraph: (G) Distributions from retirement plans to victims of certain natural disasters occurring in 2004 \nAny distribution from an individual retirement plan to an individual who resides within, or holds real property located within, an area determined by the President to warrant assistance from the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of hurricane, flood, or other natural disaster at least part of which occurred in calendar year 2004 if such distribution is made within 6 months after the date of the disaster declaration. Distributions shall not be taken into account under the preceding sentence if such distributions are described in subparagraph (A), (D), (E), or (F) or to the extent paragraph (1) does not apply to such distributions by reason of subparagraph (B)..", "id": "H2635B74E788A4A3E97D347D1142701CA", "header": "In general", "nested": [], "links": [ { "text": "section 72(t)", "legal-doc": "usc", "parsable-cite": "usc/26/72" } ] }, { "text": "(b) Effective date \nThe amendment made by this section shall apply to distributions received in taxable years beginning after December 31, 2003.", "id": "H7B3EF4D46A5C4618B900AA233B178447", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "section 72(t)", "legal-doc": "usc", "parsable-cite": "usc/26/72" } ] } ]

[ "Ways and Means Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HD0A8D6D33BCC42B3B0F635FA122C48B", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nThe Congress makes the following findings: (1) Near-Earth objects pose a serious and credible threat to humankind, as scientists are certain that a major asteroid or comet was responsible for the mass extinction of the majority of the Earth’s species, including the dinosaurs, nearly 65,000,000 years ago. (2) Similar objects have struck the Earth or passed through the Earth’s atmosphere several times in the Earth’s history and pose a similar threat in the future. (3) Several such near-Earth objects have only been discovered within days of the objects’ closest approach to Earth, and recent discoveries of such large objects indicate that many large near-Earth objects remain undiscovered. (4) The efforts taken to date by the National Aeronautics and Space Administration for detecting and characterizing the hazards of Earth orbit-crossing asteroids and comets are not sufficient to the threat posed by such objects to cause widespread destruction and loss of life.", "id": "H9E3997AAB181429A8FDEE62C33D77DCE", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Definition \nFor purposes of this Act, the term Administrator means the Administrator of the National Aeronautics and Space Administration.", "id": "HF97DFD16BE1641E3B38B5984CA9CC938", "header": "Definition", "nested": [], "links": [] }, { "text": "4. Near-Earth Object Survey \n(a) Survey program \nThe Administrator shall plan, develop, and implement a Near-Earth Object Survey program to detect, track, catalogue, and characterize the physical characteristics of near-Earth asteroids and comets equal to or greater than 100 meters in diameter in order to assess the threat of such near-Earth objects in striking the Earth. (b) Amendments \nSection 102 of the National Aeronautics and Space Act of 1958 ( 42 U.S.C. 2451 ) is amended— (1) by redesignating subsection (g) as subsection (h); (2) by inserting after subsection (f) the following new subsection: (g) The Congress declares that the general welfare and security of the United States require that the unique competence of the National Aeronautics and Space Administration in science and engineering systems be directed to detecting, tracking, cataloguing, and characterizing near-Earth asteroids and comets in order to provide warning and mitigation of the potential hazard of such near-Earth objects impacting the Earth. ; and (3) in subsection (h), as so redesignated by paragraph (1) of this subsection, by striking and (f) and inserting (f), and (g). (c) Annual report \nThe Administrator shall transmit to the Congress, not later than February 28 of each of the next 5 years beginning after the date of enactment of this Act, a report that provides the following: (1) A summary of all activities taken pursuant to subsection (a) for the previous fiscal year. (2) A summary of expenditures for all activities pursuant to subsection (a) for the previous fiscal year. (3) A detailed plan and budget request for all activities pursuant to subsection (a) for the next five fiscal years from the year that the annual report is submitted. (d) Authorization of appropriations \nThere are authorized to be appropriated to the National Aeronautics and Space Administration for the Near-Earth Object Survey program described in subsection (a) $20,000,000 for each of the fiscal years 2005 and 2006. Amounts appropriated under this subsection shall remain available for 2 fiscal years.", "id": "H76208E8D698A42DAB2941CF5003D4643", "header": "Near-Earth Object Survey", "nested": [ { "text": "(a) Survey program \nThe Administrator shall plan, develop, and implement a Near-Earth Object Survey program to detect, track, catalogue, and characterize the physical characteristics of near-Earth asteroids and comets equal to or greater than 100 meters in diameter in order to assess the threat of such near-Earth objects in striking the Earth.", "id": "HC568EB2E05674E4DA9C625F834001002", "header": "Survey program", "nested": [], "links": [] }, { "text": "(b) Amendments \nSection 102 of the National Aeronautics and Space Act of 1958 ( 42 U.S.C. 2451 ) is amended— (1) by redesignating subsection (g) as subsection (h); (2) by inserting after subsection (f) the following new subsection: (g) The Congress declares that the general welfare and security of the United States require that the unique competence of the National Aeronautics and Space Administration in science and engineering systems be directed to detecting, tracking, cataloguing, and characterizing near-Earth asteroids and comets in order to provide warning and mitigation of the potential hazard of such near-Earth objects impacting the Earth. ; and (3) in subsection (h), as so redesignated by paragraph (1) of this subsection, by striking and (f) and inserting (f), and (g).", "id": "H10649EBE38AD4B3294513CC1E5006500", "header": "Amendments", "nested": [], "links": [ { "text": "42 U.S.C. 2451", "legal-doc": "usc", "parsable-cite": "usc/42/2451" } ] }, { "text": "(c) Annual report \nThe Administrator shall transmit to the Congress, not later than February 28 of each of the next 5 years beginning after the date of enactment of this Act, a report that provides the following: (1) A summary of all activities taken pursuant to subsection (a) for the previous fiscal year. (2) A summary of expenditures for all activities pursuant to subsection (a) for the previous fiscal year. (3) A detailed plan and budget request for all activities pursuant to subsection (a) for the next five fiscal years from the year that the annual report is submitted.", "id": "H23769FC2878947D592CC00145D6CB721", "header": "Annual report", "nested": [], "links": [] }, { "text": "(d) Authorization of appropriations \nThere are authorized to be appropriated to the National Aeronautics and Space Administration for the Near-Earth Object Survey program described in subsection (a) $20,000,000 for each of the fiscal years 2005 and 2006. Amounts appropriated under this subsection shall remain available for 2 fiscal years.", "id": "H990D5F70C98049F1937DF21EDF4B0533", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 2451", "legal-doc": "usc", "parsable-cite": "usc/42/2451" } ] } ]

[ "Science, Space, and Technology Committee" ]

[ { "text": "1. Voucher assistance \n(a) Cancellation of contract \nNotwithstanding any other provision of law, upon payment in full of the obligation under the mortgage for the East Crown Apartments in Akron, Ohio, that is insured by the Secretary of Housing and Urban Development under section 236 of the National Housing Act ( 12 U.S.C. 1715z–1 ) and the availability, to the public housing agency referred to in subsection (b), of the rental assistance specified in such subsection, the Secretary of Housing and Urban Development shall terminate the following agreements relating to such property: (1) The Regulatory Agreement and the Use Agreement and Second Amendment of Regulatory Agreement for FHA Project No. 042-44059/042-10016. (2) Housing Assistance Payments Contract No. OH 12L000199. (b) Tenant-based rental assistance \nThe Secretary of Housing and Urban Development shall make available to the Akron Metropolitan Housing Authority of Akron, Ohio, tenant-based rental assistance under section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ) in the amount necessary to provide incremental vouchers under such section for 108 families. Rental assistance amounts made available under this section shall be used only for families who are residing in the property described in subsection (a) upon the date of the termination of the agreements described in such subsection. (c) Funding \nAny amounts previously obligated for housing assistance for the property described in subsection (a) that become unobligated because of the termination of the contract referred to in paragraph (2) of such subsection shall be used by the Secretary of Housing and Urban Development in providing assistance under subsection (b).", "id": "HC7BBB7F0887D444E87A240B890070080", "header": "Voucher assistance", "nested": [ { "text": "(a) Cancellation of contract \nNotwithstanding any other provision of law, upon payment in full of the obligation under the mortgage for the East Crown Apartments in Akron, Ohio, that is insured by the Secretary of Housing and Urban Development under section 236 of the National Housing Act ( 12 U.S.C. 1715z–1 ) and the availability, to the public housing agency referred to in subsection (b), of the rental assistance specified in such subsection, the Secretary of Housing and Urban Development shall terminate the following agreements relating to such property: (1) The Regulatory Agreement and the Use Agreement and Second Amendment of Regulatory Agreement for FHA Project No. 042-44059/042-10016. (2) Housing Assistance Payments Contract No. OH 12L000199.", "id": "HF466B837D8A14E04A4004979D4C433D3", "header": "Cancellation of contract", "nested": [], "links": [ { "text": "12 U.S.C. 1715z–1", "legal-doc": "usc", "parsable-cite": "usc/12/1715z-1" } ] }, { "text": "(b) Tenant-based rental assistance \nThe Secretary of Housing and Urban Development shall make available to the Akron Metropolitan Housing Authority of Akron, Ohio, tenant-based rental assistance under section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ) in the amount necessary to provide incremental vouchers under such section for 108 families. Rental assistance amounts made available under this section shall be used only for families who are residing in the property described in subsection (a) upon the date of the termination of the agreements described in such subsection.", "id": "H82BEDC298270413B9E91238FC66023E5", "header": "Tenant-based rental assistance", "nested": [], "links": [ { "text": "42 U.S.C. 1437f", "legal-doc": "usc", "parsable-cite": "usc/42/1437f" } ] }, { "text": "(c) Funding \nAny amounts previously obligated for housing assistance for the property described in subsection (a) that become unobligated because of the termination of the contract referred to in paragraph (2) of such subsection shall be used by the Secretary of Housing and Urban Development in providing assistance under subsection (b).", "id": "H48DB935F3D9347229DA5CD0E743BF57", "header": "Funding", "nested": [], "links": [] } ], "links": [ { "text": "12 U.S.C. 1715z–1", "legal-doc": "usc", "parsable-cite": "usc/12/1715z-1" }, { "text": "42 U.S.C. 1437f", "legal-doc": "usc", "parsable-cite": "usc/42/1437f" } ] } ]

[ "Financial Services Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Federal Youth Coordination Act.", "id": "H71E6F811044C454FB1A9CC876917E80", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Establishment and Membership \n(a) Members and terms \nThere is established the Federal Youth Development Council (in this Act referred to as the Council ) composed of— (1) the Attorney General, the Secretary of Agriculture, the Secretary of Labor, the Secretary of Health and Human Services, Secretary of Housing and Urban Development, the Secretary of Education, the Secretary of the Interior, the Secretary of Commerce, the Secretary of Defense, the Secretary of Homeland Security, the Director of National Drug Control Policy, the Director of the Office of Management and Budget, the Assistant to the President for Domestic Policy, the Director of the U.S.A. Freedom Corps, the Deputy Assistant to the President and Director of the Office of Faith-Based and Community Initiatives, and the Chief Executive Officer of the Corporation for National and Community Service, and other Federal officials as directed by the President, to serve for the life of the Council; and (2) such additional members as the President, in consultation with the majority and minority leadership of the House of Representatives and the Senate, shall appoint from among representatives of faith-based organizations, community based organizations, child and youth focused foundations, universities, non-profit organizations, youth service providers, State and local government, and youth in disadvantaged situations, to serve for terms of 2 years and who may be reappointed by the President for a second 2-year term. (b) Chairperson \nThe Chairperson of the Council shall be designated by the President. (c) Meetings \nThe Council shall meet at the call of the Chairperson, not less frequently than 4 times each year. The first meeting shall be not less than 6 months after the date of enactment of this Act.", "id": "HB7192CC90EE44411B5ECB9ECAAAD63", "header": "Establishment and Membership", "nested": [ { "text": "(a) Members and terms \nThere is established the Federal Youth Development Council (in this Act referred to as the Council ) composed of— (1) the Attorney General, the Secretary of Agriculture, the Secretary of Labor, the Secretary of Health and Human Services, Secretary of Housing and Urban Development, the Secretary of Education, the Secretary of the Interior, the Secretary of Commerce, the Secretary of Defense, the Secretary of Homeland Security, the Director of National Drug Control Policy, the Director of the Office of Management and Budget, the Assistant to the President for Domestic Policy, the Director of the U.S.A. Freedom Corps, the Deputy Assistant to the President and Director of the Office of Faith-Based and Community Initiatives, and the Chief Executive Officer of the Corporation for National and Community Service, and other Federal officials as directed by the President, to serve for the life of the Council; and (2) such additional members as the President, in consultation with the majority and minority leadership of the House of Representatives and the Senate, shall appoint from among representatives of faith-based organizations, community based organizations, child and youth focused foundations, universities, non-profit organizations, youth service providers, State and local government, and youth in disadvantaged situations, to serve for terms of 2 years and who may be reappointed by the President for a second 2-year term.", "id": "H8EC1E4C2BEF345AD00884667EF3EF98", "header": "Members and terms", "nested": [], "links": [] }, { "text": "(b) Chairperson \nThe Chairperson of the Council shall be designated by the President.", "id": "HBE15C011211E4930896313C7E569B902", "header": "Chairperson", "nested": [], "links": [] }, { "text": "(c) Meetings \nThe Council shall meet at the call of the Chairperson, not less frequently than 4 times each year. The first meeting shall be not less than 6 months after the date of enactment of this Act.", "id": "H8B9634E8944B4DE68458D455FBC73226", "header": "Meetings", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Duties of the Council \nThe duties of the Council shall be— (1) to ensure communication among agencies administering programs designed to serve youth, especially those in disadvantaged situations; (2) to assess the needs of youth, especially those in disadvantaged situations, and the quantity and quality of Federal programs offering services, supports, and opportunities to help youth in their educational, social, emotional, physical, vocational, and civic development; (3) to set objectives and quantifiable 5-year goals for such programs; (4) to make recommendations for the allocation of resources in support of such goals and objectives; (5) to identify target populations of youth who are disproportionately at risk and assist agencies in focusing additional resources on them; (6) to develop a plan, including common indicators of youth well-being, and assist agencies in coordinating to achieve such goals and objectives; (7) to assist Federal agencies, at the request of one or more such agency, in collaborating on model programs and demonstration projects focusing on special populations, including youth in foster care, migrant youth, projects to promote parental involvement, and projects that work to involve young people in service programs; (8) to solicit and document ongoing input and recommendations from— (A) youth, especially those in disadvantaged situations; (B) national youth development experts, parents, faith and community-based organizations, foundations, business leaders, and youth service providers; (C) researchers; and (D) State and local government officials; and (9) to work with Federal agencies to conduct high-quality research and evaluation, identify and replicate model programs, and provide technical assistance, and, subject to the availability of appropriations, to fund additional research to fill identified needs.", "id": "H0F585DC5DC514F2EB344773D86C70783", "header": "Duties of the Council", "nested": [], "links": [] }, { "text": "4. Assistance of Staff \n(a) In general \nThe Council may employ and set the rate of pay for any necessary staff (including a director) to assist in carrying out its duties. (b) Staff of Federal Agencies \nUpon request of the Council, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Council to assist it in carrying out its duties under this Act.", "id": "H45A27DF0445C4F4F87BDFC69D789D76F", "header": " Assistance of Staff", "nested": [ { "text": "(a) In general \nThe Council may employ and set the rate of pay for any necessary staff (including a director) to assist in carrying out its duties.", "id": "HB0A577B3BF9848E5A7543C4537F6B9EC", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Staff of Federal Agencies \nUpon request of the Council, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Council to assist it in carrying out its duties under this Act.", "id": "H759C8D545928413FB15F46CBF514B6CB", "header": "Staff of Federal Agencies", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Powers of the Council \n(a) Mails \nThe Council may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (b) Administrative Support Services \nUpon the request of the Council, the Administrator of General Services shall provide to the Council, on a reimbursable basis, the administrative support services necessary for the Council to carry out its responsibilities under this Act.", "id": "HDACEECD8BE2B4D65ACDA94B4447967EF", "header": "Powers of the Council", "nested": [ { "text": "(a) Mails \nThe Council may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States.", "id": "H52BEE3959A3C41159F37C32DC6EA58C1", "header": "Mails", "nested": [], "links": [] }, { "text": "(b) Administrative Support Services \nUpon the request of the Council, the Administrator of General Services shall provide to the Council, on a reimbursable basis, the administrative support services necessary for the Council to carry out its responsibilities under this Act.", "id": "HA1430A4A02B840D8A033D70250000889", "header": "Administrative Support Services", "nested": [], "links": [] } ], "links": [] }, { "text": "6. Assistance to States \n(a) In general \nSubject to the availability of appropriations, the Council may provide technical assistance and make grants to States to support State councils for coordinating State youth efforts. (b) Applications \nApplicants for grants must be States. Applications for grants under this section shall be submitted at such time and in such form as determined by the Council. (c) Priority \nPriority for grants will be given to States that— (1) have already initiated an interagency coordination effort focused on youth; (2) plan to work with at least 1 locality to support a local youth council for coordinating local youth efforts; (3) demonstrate the inclusion of nonprofit organizations, including faith-based and community-based organizations, in the work of the State council; and (4) demonstrate the inclusion of young people, especially those in disadvantaged situations, in the work of the State council.", "id": "HC5F20D4525364DF793367915CF26EDEB", "header": "Assistance to States", "nested": [ { "text": "(a) In general \nSubject to the availability of appropriations, the Council may provide technical assistance and make grants to States to support State councils for coordinating State youth efforts.", "id": "H3D1D7EA31C7B4932B89264A0AE9CE377", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Applications \nApplicants for grants must be States. Applications for grants under this section shall be submitted at such time and in such form as determined by the Council.", "id": "HB6CC81AEE62644EEBA12F61F7C557513", "header": "Applications", "nested": [], "links": [] }, { "text": "(c) Priority \nPriority for grants will be given to States that— (1) have already initiated an interagency coordination effort focused on youth; (2) plan to work with at least 1 locality to support a local youth council for coordinating local youth efforts; (3) demonstrate the inclusion of nonprofit organizations, including faith-based and community-based organizations, in the work of the State council; and (4) demonstrate the inclusion of young people, especially those in disadvantaged situations, in the work of the State council.", "id": "H1952368AB79F4A39923150E2C080F87E", "header": "Priority", "nested": [], "links": [] } ], "links": [] }, { "text": "7. Report \nNot later than 1 year after the Council holds its first meeting, and on an annual basis for a period of 4 years thereafter, the Council shall transmit to the President and to Congress a report of the findings and recommendations of the Council. The report shall— (1) include a comprehensive compilation of recent research and statistical reporting by various Federal agencies on the overall wellbeing of youth; (2) include the assessment of the needs of youth, the goals and objectives, the target populations of at-risk youth, and the plan called for in section 3; (3) recommend ways to coordinate and improve Federal training and technical assistance, information sharing, and communication among the various programs and agencies serving youth; (4) include recommendations to better integrate and coordinate policies across agencies at the Federal, State, and local levels, including recommendations for legislation and administrative actions; (5) include a summary of actions the Council has taken at the request of Federal agencies to facilitate collaboration and coordination on youth serving programs and the results of those collaborations, if available; and (6) include a summary of the input and recommendations from the groups identified in section 3(8).", "id": "HBE946361A411420D8CFB4DD8BEC5D73", "header": "Report", "nested": [], "links": [] }, { "text": "8. Termination \nThe Council shall terminate 60 days after transmitting its fifth and final report pursuant to section 6.", "id": "H75F8386C448A40D88FBE264281428EF1", "header": "Termination", "nested": [], "links": [] }, { "text": "9. Authorization of Appropriations \nThere is authorized to be appropriated for fiscal years 2005 through 2009 such sums as may be necessary to carry out this Act.", "id": "H895F00AE0AF94F46982BF880009E13ED", "header": "Authorization of Appropriations", "nested": [], "links": [] } ]

[ "Education and the Workforce Committee" ]